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HomeMy WebLinkAbout02-5999FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 03/01/97 (EQCC HOME EQUITY LOAN TRUST 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION 1997-1) TERM NO. Oa -S99q `'tuL? CURTIS W. THOMPSON CUMBERLAND COUNTY 325 N. WEST STREET CARLISLE, PA 17013 Defendant(s) CIVII, ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Loan #: 8530000465 (717) 249-3166 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 03/01/97 (EQCC HOME EQUITY LOAN TRUST 1997-1) 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 The name(s) and last known address(es) of the Defendant(s) are: CURTIS W. THOMPSON 325 N. WEST STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/30/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUICREDIT CORPORATION OF PA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1364, Page 342. By Assignment of Mortgage recorded 12/08/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 563, Page 764. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/05/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $53 825 75 Interest , . 11 216 40 11105100 through 12/01/02 , . (Per Diem $14.38) Attorney's Fees Cumulative Late Charges 1,250.00 01/30/97 to 12/01/02 284.76 Cost of Suit and Title Search 550 00 Subtotal . $67,126.91 Escrow Credit 0 00 Deficit Subtotal . 1,043.36 $1,043.36 TOTAL $68,170.27 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. Notice of Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, is not required as the mortgagor is more than 24 months in arrears on the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $68,170.27, together with interest from 12/01/02 at the rate of $14.38 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDER]AE' ND PHEL Xwt BY /s rand/s?SHallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL Og ?? lYt oiY?rnd aitstale' to Ih& ??A wdrlies? Cawbwbad GeaL1. l'7 MwIL1ft*4jM bOO4dCQ aad dgq?]"q? ? ??Ms?111f ZWAkOfN a"w* WMt3uWMMOOW6ttgifibtetr p+OP?tY ??? Cawp r t(bea atrt,.?a? lmdr ` hs an ?! ?rae6o?,1?0 test to i? oii k8 Roi:?ta sad sW Irwin is a f°O??! ?dtas,l3!{est b of d+'?? ,"t I%** Via* IS ?at as b. fI'ectf'°? tort tber of NO t,.r a4te efr? Wed X bv"- MW Amanh *lrelk 60 ?qv,.q as Ra.z'!S t? iNeMt C, i1 - ?f i4Aereaar 4sae. aioR ?t aide waded the BORG _ PRE ? W. T y 60 A0e p?r h f?"* Caa??' 1;1 MW Cwtb W' ZLw t?pp? ?? ? OW Bnoik 3631 AOy b7 ota4 deed dfoppd ?_? aai t? ?n1af sad "M11" Waft VERIFICATION MATT FEENEY hereby states that he is DOCUMENT CONTROL OFFICER of FAIRBANKS CAPITAL CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Matt Feeney DATE: (At 5 N I/. c? - V J .. SHERIFF'S RETURN - REGULAR CASE NO: 2002-05999 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST BANK NATIONAL ASSOCIATIO VS THOMPSON CURTIS W ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the THOMPSON CURTIS W :00 HOURS, on the 20th day of Dec_ e, 2002 DEFENDANT at 2014 at 326 N. WEST STREET by handing to CARLISLE, PA 17013 CURTIS THOMPSON FORE together with of COMPLAINT - MORT a true and attested copy NOTICE attention to the contents thereof. and at the same time directing His Sheriff's Costs: Docketing 18.00 3.45 Service 00 Affidavit . Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this dal' of , 2Ua,3 A.D. rothonotary So Answers: R. Thomas Kline 12/23/2002 FEDERMAN AND PHELAN Deputy Sheri f Y? l?tvr..ft> ?4?&n,o.? ?T?,un? lA I fl- \ ?S?.a?.?o31e1191 (EQCC Elorc.?.f?.?1.,ut.,,`f? ?g91- ( J v. ?3u^ 5(\w4? C,?ARESPONSE vi b%71 CIVIL ACTION - LAW rykr, oa-5ggq CM TLvn L IN MORTGAGE FORECLOSURE Plaintiff is: 4. 5. First Bank National Association Trust U/A dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminister Road Hatboro, PA 19040 Defendants is: Curtis W. Thompson 325 North West Street Carlisle, PA 17013 who is the mortgagor and real owner of the property herinafter described. Agrees. Defendant acknowledges and identifies premises subject to said mortgage as described. Disagrees. Defendant was making regular mortgage payments as per Court Order dated 30 September 2004. Upon consideration of a motion for wage attachment, it appeared to be the desire of the defendant and the trustee in bankruptcy to effect a wage attachment on defendants wages. As such, it was Hereby Ordered and Decreed that such wage attachment be issued against the wages of Curtis W. Thompson, at the rate of $474.68 Ver bi-weekly pay period for five months, with all payments going directly to mortgage company. At the end of 5 months, the defendant's wages were to be attached in the amount of $474.68 per month, or perbi-weekly pay period. In addition, it was hereby ordered and decreed that a wage attachment be issued at the rate of $124.16 per bi-weekly pay period ($269.00 per month) and mailed directly to Charles J. Dehart, III, Trustee in Bankruptcy, P.O. Box 410, Hummelstown, Pennsylvania 17036. Said Wage Attachment was sent directly to the defendant's employer c/o Jodie Bowman, Personnel Supervisor, 131 Main Capitol Building House Box 202020, Harrisburg, PA 17120-2020, and is to stay in place until the defendant's Chapter 13 Plan is completed, until the defendant is no longer employed with the Commonwealth of PA, or until Court orders said wage attachment be ceased. Said order was approved and signed by Mary D. France, Bankruptcy Judge. 2005 -08-19 10:30 LRO 717-787-6118 >> 7172406573 P 3/4 7. Mortgage Company refused to accept mortgage payments as stipulated by the Bankruptcy Court. 8. To the best of Defendant's knowledge, mortgage will fully violated or otherwise ignored the payment teens set forth in the bankruptcy Court ordered agreement, *1her0bre, i l'the Mortgage is reinstated prior to the Foreclosure Sale, the Defendant should not he ordered to pay I'll aintifl's altonley fees. 9. Plaintiff is in violation of the 30 September 2004 Bankruptcy Court Order Case No. 1-03- 00052. 10. Plaintiff refused a reasonable attempt to resolve any mortgage payment deficiencies. i I . To the hest of Defendant's knowledge, mortgage and bankruptcy payments are still being sent to the Mortgage Corn piny and trustee Charles J. Dehari ill as per the Court Order. 12. Defendant has asked and was denied it copy of a payment history Iron the moment of inception to the present of said mortgage, and to this date has still not received a copy of requested payment history of said mortgage. 13. Plaintiff refuses and has denied Defendant necessary documentation that reflects the anouru of money paid to the principal of said mortgage. 14. Defendant believes that said mortgage evolved as a result of predatory landing practices that may now be illegal. 15, Defendant raises no point of contention regarding Act 6 of 1.974. 16. Defendant can not con lira or deny receipt of a Combined Notice mailed by regular or certified mail as required by 35 P,S. §1690-403.c. 17. Defic ndant raises no point of contention regarding the Notice of Homeowner's emergency Mortgage Assistance Program, Act 91 of 1983. Wherefore, Defendant respectfully prays that the Cumberland County Court of Common Pleas dismiss the Plaintiffs demand to foreclose the mortgage end sell the Defendant's property located at 325 North West Street. In addition, the Defendant respectfully request that the Cumberland County Court of common Pleas dismiss the Plaintili's demand to collect interest lrom 12/01 /02 at the rate of $14.38 per dicin to the date of Judgmient, and other costs and charges collectible under the mortgage and for the lireclosure and sale of i[he mortgaged property. Wherefore, Defendant respectfully requests that the Cumberland County Court Of Common Pleas order an independent audit be conducted of the Defendant's Mortgage payments from the moment o1-inception until the present with the cost of said audit to be charged to the Mortgage Company. it is furthered requested that a copy of said audit he presented to the Bankruptcy Court '2005 08-19 10:30 LRO 717-787-6118 >> 7172406573 P 4/4 and the Cumberland County Court of Common Pleas. Said audit is to include the findings from two Class Action Suits against two mortgage companies (Fairbanks Capitol, and F.quicre(Iit) that purchased the loan over the past years. Wherefore, the Defendant respectfully requests that the Cumberland County Court of Common Pleas grant relief so that the Defendant can make reasonable arrangements to resume mortgage payments. In addition, the Defendant request that the Cumberland County Court of Common pleas order the said Mortgage Company to absorb all costs related to this proceeding and any other necessary relief. Respectfully Submitted. Curtis W. Thompson August 19, 3005 De endant and Owner of properly located at 335 North West St. Carlisle, PA 17013 Sworn and Subscribed To Before Me This 19th Day of August, 2005 /Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARGARET A. KIERES, Notary Public City of Harrisburg, Dauphin County My Cornmission Expires Dec. 23.2007 Curtis W. Thompson lt'x, k 8' a6 6S Defendant and Owner of property located 325 North West St. Carlisle, PA 17013 • 0 IN THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYUVANIA INRE: CURTIS W. THOMPSON CASE NO. 1- 03-00052 CHAPTER 13 ORDER T 04 44 AT Harrisburg, in said District, this JkcA day of p/fJ 2004; UPON consideration of the foregoing motion for wage attachment, and it appearing that it is the desire of the debtor and the trustee in bankruptcy to effect such a wage attachment, it is HEREBY ORDERED AND DECREED that a wage attachment be and hereby is issued against the wages of Curtis W. Thompson, at the rate of $124.16 per bi-weekly pay period ($269.00 per month), to be mailed directly to Charles J. DeHart, III, Trustee in Bankruptcy, P. O. Box 410, Hummelstown, Pennsylvania. 17036. Said Wage Attachment will be sent to the debtor's employer, Jodie Bowman, Personnel Supervisor, 131 Main Capitol Building, House Box 202020, Harrisburg„ PA 17120-2020 and shall stay in place until the debtor's Chapter 13 Plan is completed, until the debtor is no longer employed with the Commonwealth of PA, or until Court orders said wage attachment be ceased. FILED WnRRPA UR0 SEP 3 0 nr Gerk, U.S. Bankrup Court BY THE COURT: 0 MARY D. FRANCE Bankruptcy Judge D b • ea aOt IN THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CURTIS W. THOMPSON CASE NO. 1- 03-00052 CHAPTER 13 ORDER AT Harrisburg, in said District, this , YJ - day of 2004; UPON consideration of the foregoing motion for wage attachment, and it appearing that it is the desire of the debtor and the trustee in bankruptcy to effect such a wage attachment, it is HEREBY ORDERED AND DECREED that a wage attachment be and hereby is issued against the wages of Curtis W. Thompson, at the rate of $474.68 per bi-weekly pay period for the next five months of his plan, with all payments going directly to the mortgage company. At the end of 5 months, the debtor's wages are to be attached in the amount of $474.68 per month, or $219.09 per bi-weekly pay period. Said Wage Attachment will be sent directly to the debtor's employer c/o Jodie Bowman, Personnel Supervisor, 131 Main Capitol Building House Box 202020, Harrisburg, PA 17120-2020, 0 -r- and shall stay in place until the debtor's Chapter 13 Plan is completed, until the debtor 4 no longer employed with the Commonwealth of PA, or until Court orders said wage C% attachment be ceased. 0 BY THE COURT: 4"r tk Fifes MARY D. FRANCE Bankruptcy Judge Ha FILED , SPA yr+? SEP 3 U' Clerk, U.S. Bankrupt Gouo" '`'G-, fir ??r ?. ?a ?, . i ,sy r K11`., 6 .= Gam.; ???j ^'t ! SP .:? .? `..3 2005-08-19 10:33 PERSONNEL DEPARTMENT OFFICE U1 WILL CLI-RK muse of eresen#n#iltes COMMONWEALTH OF PENNSYLVANIA HARRISBURG October 21, 2004 Curtis W. Thompson 325 North West Street PO Box 457 Carlisle, PA 17013 Dear Mr. Thompson: ROOM 131 MAIN CAPITOI. null nING HAHHI`eURG,, PdNNYYLVANIA 11120-2020 17171783-3007 I have received two Orders of Attachment of Wages from the United States Barrkruptcy Court (copies attached). The orders request a total deduction of $598.84 from your biweekly pay. Therefore, beginning with your paycheck dated November 9, 2004, the arnount of $598.84 will be deducted from your biweekly paycheck and will continue until the end of March 2005. Begirming with your paycheck dated April 12, 2005, the amount will be reduced to $343.25 until we, receive further notification from the Court. If you have any questions, please contact the Personnel Office at 783-3097. Sincerely, idle Bowman Personnel Supervisor Attachment: Court Order cc: Scott. Brubaker, Director of Stalling and Administration Earl Mosley, Director or Personnel. Alexis Brown, Comptroller Personnel File LRO 717-787-6118 >> 7172406573 P 7/7 I"NTED CN RECYCLED RAII Da - s44g CERTIFICATE OF SERVICE I Curtis W. Thompson hereby certify that on September 2, 2005, I served copies of a complaint against a foreclosure on my home by way of United States mail: First Bank National Association Trust U/A 338 South Warminster road Hatboro, PA 19040 Phelan, Hallinan and Schmieg One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 ?? a ?aoos Date c C? O +M? Curtis W. Thompson, Defendant 325 North West St. Carlisle, PA 17013 Q, o3la?Ia??gC?1 ? v 3a 5 n ? ?J,,,k. -? ?,• oa-sq q? C?-`T??- Court of Common Pleas Civil Division No. 02-5999 Civil Term Cumberland County Attention: Cumberland County Prothonotary Office, Janie First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff Curtis W. Thompson 325 North West St. Carlisle, PA 17013 Defendant CIVIL ACTION - LAW COUNTER-COMPLAINT WITH NEW :MATTER TO CIVIL COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is: First Bank National Association Trust U/A Dated 03/01/97(EQCC Home Equity Loan Trust 1997-1) 338 South Warminister Road Hatboro, PA 19040 2. Defendant is: Curtis W. Thompson 325 North West Street Carlisle, PA 17013 AND NOW, comes Curtis W. Thompson (hereinafter referred to as "Defendant"), respectfully makes the following complaint regarding the Plaintiffs attempt to foreclose on Defendant's property located at 325 N. West St., Carlisle, PA 17013. Plaintiff filed a complaint in the Cumberland County Court of Common Pleas (No 02-5999) in Judy 2005. Defendant filed a response to that complaint on August 18, 2005 in the Cumberland County Court of Common Pleas. Defendant alleges the following: 1. Plaintiff is: First Bank National Association Trust U/A Dated 03/01/97(EQCC Home Equity Loan Trust 1997-1) 338 South Warminister Road Hatboro, PA 19040 2. Defendant is: Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Who is the mortgagor and real owner of the property hereinafter described. 3. Plaintiff has not provided Defendant with a record of mortgage payment information prior to sale of loan to Fairbanks Capitol and Equi-credit Incorporated Mortgage Companies. Specifically, Defendant payment history does not show a delinquency mortgage payment made by the Pennsylvania Housing Finance Agency, 211 North Front Street, Harrisburg, PA 17105, on behalf of the Defendant. 4. Plaintiff invalidated the terms of a Court Order dated September 30, 2005 signed by Mary D. France, Bankruptcy Judge by refusing payments sent by his employer that were to be applied to Defendants mortgage. Court Order states that the debtor's wages are to be attached in the amount of $474.68, or $219.09 per bi-weekly pay period for mortgage payment. Said Wage attachment was sent directly to the debtor's employer c/o Jodie Bowman, Personnel Supervisor, 131 Main Capitol Building House Box 202020, Harrisburg, PA 17120-2020, and shall stay in place until the debtor's Chapter 13 Plan is completed, until the debtor is no longer employed with the Commonwealth Of PA, or until Court orders said wage attachment be ceased. 5. To the best of Defendant's knowledge, Plaintiff is still receiving Chapter 13 Bankruptcy payments from Charles J. Dehart, III, Trustee and mortgage payments from his employer. 6. To the best of Defendant's knowledge, Plaintiff has/is, accepting/receiving Defendant's Bankruptcy payments and mortgage payments. 7. Plaintiffs loan has been the subject of two class action suits that resulted in settlements against Fairbanks Capitol (Curry v. Fairbanks Capital Corporation, (No. 03-12219 (D. Mass. 2003), (Case No. 03-10895-dpw United States District Court of Massachusetts), and Equi-Credit Corporation (Samuel v. Equi-Credit Corporation, C.A. No. 00-6196 (E.D. Pa). Fairbanks Capitol The complaint against Fairbanks charged that they violated several federal laws, Including the FTC Act, the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Real Estate Settlement Procedures Act (RESPA) enforced by Housing Urban Development. The Federal Trade Commission alleged that, in servicing loans, Fairbanks Capitol frequently: • Failed to post consumers' mortgage payments in a timely and proper manner, and then charged consumers late fees or additional interest for failing to make their payments "on time • Charged consumers for placing casualty insurance on their loans when insurance was already in place: • Assessed and collected improper or unwarranted fees, such as late fees, delinquency fees, attorneys' fees, and other fees; and • Misrepresented the amounts consumers owed. Fair Debt Collection Practices Act The complaint also alleges that Fairbanks violated several provisions of the FDCPA, in 2 connection with collecting loans that were in default when Fairbanks obtained them. Specifically, the FTC alleged that Fairbanks violated the Defendants by falsely representing the character, amount, or legal status of consumers debts; communicated or threatened to communicate credit information which was known or which should have been known to be false, including the failure to communicate that a debt was disputed; used false representations or deceptive means to collect or attempt to collect a debt, or to obtain information concerning a consumer; collected amounts not authorized by the agreement or permitted by law; and failed to validate debts. Equi-Credit Corporation This was a class action suit brought by a low-income homeowner seeking relief from the predatory mortgage lending practices of a non-bank home equity lender, Equi-Credit Corporation, wholly-owned subsidiary of Bank of America. These practices violate numerous federal and state consumer protection laws. The specific predatory practices challenged include the following: Equi-Credit relied on almost exclusively on brokers to obtain loan applications from homeowners. Because of Equi-Credit's policies and practices, its loans included excessive fees to the brokers. The broker fees paid by Equi-Credit from its customer's loans were in reality compensation from Equi-Credit to the brokers for the referral of business, and are not based on valid enforceable broker contracts established between a broker and a consumer prior to the broker obtaining credit information and applying for loans on the consumer's behalf. Equi-Credit does not require brokers to submit a written broker fee agreement with the loan application. The only point at which a written "broker agreement" is obtained is at the loan closing, as part of the loan contract, so that the consumer had no meaning ful opportunity to decide whether to engage a broker and pay him a separate fee. A "bait and switch" lending scheme whereby homeowners were induced to apply for home improvement financing, but Equi-Credit arranged and offered only a first mortgage refinancing loan, dictating the amounts to be included in the mortgage loans without regard to the amount sought by the borrower, so that Equi-Credit and its brokers could make a more expensive loan and obtain a first position lien on borrower's homes. Equi-Credit's high-cost loans were frequently made to borrowers who lack the reasonable ability to repay the loans, and therefore put the borrowers at high risk of losing their homes. Plaintiffs in this matter brought the case to the court under federal and state consumer protection laws: the Truth in Lending Act, 15 U.S. § 1601 et seq. ("TILA"), the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602 et seq. ("HOEPA"), the Real Estate Settlement Procedures Act 12 U.S.C. § 2601 et seq. ("RESPA"), the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. ("ECOA"), the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §2181-2192 ("CSA"), the Pennsylvania Home Improvement Finance Act, 73 P.S. § 500-101 et seq. ("HIFA"), the Pennsylvania Loan Interest and Protection Law, known as Act No. 6 of 1974, 41 P.S. § 101 et seq ("Act 6") and under other Pennsylvania statutory and common law. 8. Plaintiff refuses to give Defendant mortgage payment histories from Fairbanks Capital, and Equi-Credit Corporation that detail money paid toward the principal and money paid toward the interest. Defendant has no knowledge how this loan is being administered. 9. Plaintiff has failed to provide notice to the Defendant that they have accelerated the Payment of the loan. 10. Defendants failed to provide Plaintiff with information regarding the Truth-in- Lending Act ("TILA"), 15 U.S.C. §§ 1601-1666] and Home Ownership and Equity Protection Act of 1994 ("HOEPA"), 15 U.S.C. S 1639. 11. Law firm Phelan, Hallinan and Schmieg has failed to comply with the Fair Debt Collection Practice Act, 15 USC §§ 1692-1692 by falsely representing the amount of Defendant's debt, and failed to communicate that Defendant is disputing his debt. 12. Law firm Phelan, Hallinan, and Schmieg failed to attach note and mortgage to complaint and provide Defendant with same. Therefore, the Defendant that Honorable Court of Common Pleas Cumberland County to strike the plaintiffs complaint. 13. The plaintiff violated the Real Estate Settlement Procedures Act (RESPA) by failing to provide Defendant with documentation that required amounts to be put in escrow by homeowner to insure the payment of real estate taxes and insurance. Wherefore, Defendant respectfully prays that the Cumberland County Court of Common Pleas dismiss the Plaintiffs demand to foreclose the mortgage and sell the Defendant's property located at 325 North West Street. In addition, the Defendant respectfully request that the Cumberland County Court of common Pleas dismiss the Plaintiffs demand to collect interest from 12/01/02 at the rate of $14.38 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. Wherefore, Defendant respectfully requests the Cumberland County Court of Common Pleas to grant relief in the form of rescission of his mortgage, plus statutory damages, actual damages, treble damages, punitive damages, attorney's fees and costs. 4 Wherefore, Because this mortgage loan has changed companies on more than one occasion, Defendant respectfully requests that the Cumberland County Court of Common Pleas order an independent audit be conducted of the Defendant's mortgage payments from the moment of inception until the present with the cost of said audit to be charged to the Mortgage Company. It is furthered requested that a copy of said audit be presented to the Bankruptcy Court and the Cumberland County Court of Common Pleas. Said audit is to include the findings from two Class Action Suits against two mortgage companies (Fairbanks Capitol, and Equi-Credit) that purchased the loan over the past years. Wherefore, the Defendant respectfully requests that the Cumberland County Court of Common Pleas to allow necessary time to compile the following documents: Truth in Lending Disclosure Statement, (3-Day) Notice of Right to Cancel, HUD-1 (or HUD-IA) Settlement Statement, Mortgage and Note (with any riders or attachments), Uniform Residential Loan Application, HOEPA (or "Section 32") Notice. Wherefore, the Defendant respectfully requests that the Cumberland County Court of Common Pleas grant relief so that the Defendant can make reasonable arrangements to resume mortgage payments. In addition, the Defendant request that the Cumberland County Court of Common Pleas order the said Mortgage Company to absorb all costs related to this proceeding and any other necessary relief. Respectfully Submitted, Curtis W. Thompson September 1, 2005 Defendant and Owner of property located at 325 North West St. Carlisle, PA 17013 0 IN THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA INRE: CURTIS W. THOMPSON CASE NO. 1- 03-00052 CHAPTER 13 ORDE 04 4 AT Harrisburg, in said District, this •Jol?4 day of -t j 2004; UPON consideration of the foregoing motion for wage attachment, and it appearing that it is the desire of the debtor and the trustee in bankruptcy to effect such a wage attachment, it is HEREBY ORDERED AND DECREED that a wage attachment be and hereby is issued against the wages of Curtis W. Thompson, at the rate of $124.16 oer bi-weekly pay uerlod ($269.00 per month), to be mailed directly to Charles J. DeHart, III, Trustee in Bankruptcy, P. O. Box 410, Hummelstown, Pennsylvania 17036. Said Wage Attachment will be sent to the debtor's employer, Jodie Bowman, Personnel Supervisor, 131 Main Capitol Building, House Box 202020, Harrisburg, PA 17120-2020 and shall stay in place until the debtor's Chapter 13 Plan is completed, until the debtor is no longer employed with the Commonwealth of PA, or until Court orders said wage attachment be ceased. FILED HARRIISABURG SEP 3 0 Gerk, U.S. Bankrupt6y Court BY THE COURT: y a. CR FRANOL. MARY D. FRANCE Or) Bankruptcy Judge = . o 0 E 44.3ft IN THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CURTIS W. THOMPSON CASE NO. 1- 03-00052 CHAPTER 13 ORDER AT Harrisburg, in said District, this day of 2004; UPON consideration of the foregoing motion for wage attachment, and it appearing that it is the desire of the debtor and the trustee in bankruptcy to effect such a wage attachment, it is HEREBY ORDERED AND DECREED that a wage attachment be and hereby is issued against the wages of Curtis W. Thompson, at the rate of $474.68 per bi-weekly pay period for the next five months of his plan, with all payments going directly to the mortgage company. At the end of 5 months, the debtor's wages are to be attached in the amount of $474.68 per month, or $219.09 per bi-weekly pay period. Said Wage Attachment will be sent directly to the debtor's employer cJo Jodie Bowman, Personnel Supervisor, 131 Main Capitol Building House Box 202020, Harrisburg, PA 17120-2020, 0 and shall stay in place until the debtor's Chapter 13 Plan is completed, until the debtor 4 no. longer employed with the Commonwealth of PA, or until Court orders said wage o, attachment be ceased. 0 BY THE COURT: ? ?+uw er 1FilAiGtt MARY D. FRANCE Bankruptcy Judge FILED HRRRPSABURO SEP 3 u Clerk, U.S. Benkrup Cout PERSONNELDEPARTMENT OFFICE OF CHIEF CLERK Pause of ?P?JreSeittFIti?1ES COMMONWEALTH OF PENNSYLVANIA HARRISBURG October 21, 2004 Curtis W. Thompson 325 North West Street PO Box 457 Carlisle, PA 17013 Dear Mr. Thompson: ROOM 131 MAIN CAPITOL BUILDING HARRISBURG PENNSYLVANIA 171202020 (717) 783-3097 I have received two Orders of Attachment of Wages from the United States Bankruptcy Court (copies attached). The orders request a total deduction of $598.84 from your biweekly pay. Therefore, beginning with your paycheck dated November 9, 2004, the amount of $598.84 will be deducted from your biweekly paycheck and will continue until the end of March 2005. Beginning with your paycheck dated April 12, 2005, the amount will be reduced to $343.25 until we receive further notification from the Court. If you have any questions, please contact the Personnel Office at 783-3097. Sincerely, ie Bou?rlan Personnel Supervisor Attachment: Court Order cc: Scott Brubaker, Director of Staffing and Administration Earl Mosley, Director of Personnel Alexis Brown, Comptroller Personnel File T PMM M RE CI PAPER O o cJ1 1'1 cn ! -cYIT fy ) t,. t'l 1'rl Z7 v? < FTSRT BANK NATIONAL ASSOCIATION vs Case No. 02-5999 CURTIS THOMPSON Statement of Intention to Proceed To the Court: PLAINTIFF intends to proceed with the above captioned matter. Print Name FRANCIS S. NALLINAN, ESQ. Sign Name )/ z" Date: 9 1 21 ? os` - Attorney for PLAINTIFF Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule ojcivil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This role was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1995) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. It Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. p O ?, ?? -? ?,; tl' ^? ? ?J 1 r T n f ..AC ?' ? N -i? `? ? ? , -n y. ,? ?' ,j Court of Common Pleas Civil Division No. 02-5999 Civil Term Cumberland County Attention: Cumberland County Prothonotary Office First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff Curtis W. Thompson 325 North West St. Carlisle, PA 17013 Defendant CIVIL ACTION - LAW AMENDED COUNTER-COMPLAINT WITH NEW MATTER TO CIVIL COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is: First Bank National Association Trust U(A Dated 03(01197(EQCC Home Equity Loan Trust 1997-1) 338 South Warminister Road Hatboro, PA 19040 Defendant is: Curtis W. Thompson 325 North West Street Carlisle, PA 17013 AND NOW, comes Curtis W. Thompson (hereinafter referred to as "Defendant"), respectfully makes the following complaint regarding the Plaintiffs attempt to foreclose on Defendant's property located at 325 N. West St., Carlisle, PA 17013. Plaintiff filed a complaint in the Cumberland County Court of Common Pleas (No 02-5999) in July 2005. Defendant filed a response to that complaint on August 18, 2005 in the Cumberland County Court of Common Pleas. Defendant alleges the following: Plaintiff is: First Bank National Association Trust UlA Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminister Road Hatboro, PA 19040 2. Defendant is: Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Who is the mortgagor and real owner of the property hereinafter described. This is an action for rescission of an illegal and void Mortgage and Note to real estate located at 325 N. West St., Carlisle, PA 17013. The purported mortgage and note and the actions taken by Plaintiff contain unfair trade practices and predatory lending practices as outlined two class action suits against mortgage companies (Equi-Credit Corporation and Fairbanks Capitol) that held title to a mortgage lien for property located at 325 N. West St. Carlisle, PA that resulted in settlements against the mortgage companies. (Samuel v. Equi-Credit Corporation C.A. No. 00-6196 (E.D. Pa). and Curry v. Fairbanks Capital Corporation, No. 03- 12219 (D. Mass. 2003), (Case No. 03-10895-dpw United States District Court of Massachusetts) 4. Plaintiff purports to execute a Mortgage and Note, loan number 8530000465. The said purported mortgage and note were never consummated by signing therein. Plaintiff never gave the defendant a signed copy of the purported mortgage and note. 5. Plaintiff failed and/or refuses to provide defendant with copies of important documents, including the complete mortgage and note, which would explain his Consumer rights, as well as other rights, including but not limited to, the right to cancel the contract and the Federal Truth in Lending Disclosures, and payment Histories from Equi-Credit, and Fairbanks Capitol Mortgage companies. 6. Plaintiff also intentionally failed and/or refused to provide Defendant various Disclosures that would indicate to defendant that the mortgage contracts with Equi-Credit Corporation and Fairbanks Capitol Corporation was void and illegal. 7. Plaintiff's attorney and/or collections officer did not furnish defendant with copies of numerous important settlement documents, or loan history. Especially, those from Equi-Credit, and Fairbanks Capitol. 10. Plaintiff caused to be filed into the records of the Court of Common Pleas, Carlisle, Pennsylvania, a foreclosure with no documents purported to be the mortgage or note purported to be executed by the Defendant. 11. Defendant needs loan documentation that shows money paid on the principal through bankruptcy proceeds and mortgage loan payments. 12. To the best of defendants knowledge, Defendant did not agree to an "interest" only loan. 13. Defendant has no documentation that this loan exists. 14. Defendant has no documents that shows how this loan evolved from American Mortgage Reduction Camp Hill, PA, to Equi-Credit Corporation Jacksonville FL, to Fairbanks Capitol Salt Lake City Ut, to First Bank National Association Trust, Hatboro, PA. 2 15. Defendant believes that the mortgage amount owed to the Plaintiff is inaccurate due to allegations presented by the Federal Trade Commission, and predatory mortgage lending practices of a non-bank home equity lender. 16. Plaintiff accepted money towards a mortgage payment during the month of August 16, 2005 for approximately $368.00. 17. Plaintiff failed to disclose in or with the disclosure statements, because no disclosure statements were given, the amount of the balance to which the mortgage rate was applied and an explanation of how that balance was determined and further failed to disclose the fact that the balance is determined without first deducting all credits and payments made and payments as required by Title 12 Code of Federal Regulations, Section 226.4 et seq. 18. Defendant believes that the mortgage principal balance remaining does not reflect mortgage payments on the principal from the moment of inception to the present. 19. Plaintiff did not specify in their original foreclosure complaint the date of the mortgage, the parties thereto, and the time and place of recording. 20. Plaintiff fails to acknowledge that the Defendant's mortgage loan was in an active bankruptcy when Plaintiff filed a foreclosure complaint. 21. To the best of Defendant's knowledge, bankruptcy payments are still being made to Plaintiff. 22. Plaintiff has not provided the Defendant with an itemized bill for lawyer's fees charged to the Defendant. 23. Plaintiff continues to misrepresent the amount of money owed by Defendant and has provided no information to the Defendant that supports their claim. 24. Plaintiff continues to demonstrate predatory lending practices by inflating lawyer's fees and the amount of mortgage still outstanding. 25. Plaintiff mortgage payments do not reflect a $5,000 mortgage payment paid by the Pennsylvania Housing Finance Agency. 26. The Defendant alleges that the Federal Trade commission charged Fairbanks Capital Corporation with defrauding 280 thousand homeowners. Fairbanks Capital paid out a settlement of $40 million and changed its name to Select Portfolio Servicing. 26. Defendant alleges that Fairbanks Capitol, who settled a class action suit for predatory lending, is now doing business as Select Portfolio Servicing. 27. Select Portfolio Servicing has entered into an agreement to refund hundreds of thousands of dollars to homeowners due to predatory servicing practices. 28. Plaintiff violated the federal Truth in Lending Act (TILA) by not disclosing That the mortgage broker fee was not disclosed as a finance charge. Failure To disclose the broker fee was a TILA violation, and the defendant has a Right to rescind the mortgage even though the plaintiff was the assignee And not the original lender. 29. Plaintiff continues to use predatory strategies that will in essence allow Select Portfolio Servicing access to the interior of my property without legal due process. 30. Plaintiff offered a loan modification workout document to gain access to the interior of Defendant's property. It should be noted that I have never intended nor do I intend to give Select Portfolio Servicing access to the interior of my property without legal due process. 4 Wherefore, Defendant respectfully prays that the Cumberland County Court of Common Pleas grant the following relief: Motion to grant Defendant more time to procure the services of an attorney to review the original loan documents and address all predatory lending discrepancies that were revealed in the Equi-Credit Corporation, and Fairbanks class action suits. Rescission of the entire Mortgage and note. Recommendation to re-negotiate a loan agreement between Plaintiff and Defendant. 4. Cost of litigation for the Plaintiff's attorneys. 5. Any other relief the court deems just and proper. Date Respectfully Submitted, Curtis W. Thompson De undant and Owner of property located at 325 North West St. Carlisle, PA 17013 CERTIFICATE OF SERVICE I, Curtis W. Thompson, hereby certify that on October 17, 2005, I served copies of my amended counter-complaint with new matter to civil complaint in mortgage foreclosure on the following parties by way of United States Mail: First Bank National Association Trust 338 South Warminister Road Hatboro, PA 19040 October 17, 2005 r W Cu rs . Thompson ' ? • ^s r7 ; 't7 ._ , r'i v^ _ G ?A - ;j dd -W7 CERTIFICATE OF SERVICE I, Curtis W. Thompson, hereby certify that on November 2, 2005, 1 served copies of my amended counter-complaint with new matter to civil complaint in mortgage foreclosure on the following parties by way of United States Mail: First Bank National Association Trust 338 South Warminster Road Hatboro, PA 19040 \? N\ xbs' Date w- Curtis W. Thompson 325 North West St. Carlisle, PA 17013 Court of Common Pleas Civil Division No. 02-5999 Civil Term Cumberland County Attention: Cumberland County Prothonotary Office, Janie First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff Curtis W. Thompson 325 North West St. Carlisle, PA 17013 Defendant CIVIL ACTION - LAW AMENDED COUNTER-COMPLAINT WITH NEW MATTER TO CIVIL COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is: First Bank National Association Trust U/A dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Defendants is: Curtis W. Thompson 325 North West Street Carlisle, PA 17013 AND NOW, comes Curtis W. Thompson (hereinafter referred to as "Defendant"), respectfully makes the following amended complaint regarding the Plaintiff s attempt to foreclose on Defendant's property located at 325 N. West St., Carlisle, PA 17013. Plaintiff filed a complaint in the Cumberland County Court of Common Pleas No 02-5999) July 2005. Defendant filed a response to that complaint on August 18, 2005 in the Cumberland County Court of Common Pleas. Defendant farther alleges the following: Plaintiff is: First Bank National Association Trust U/A Dated 03/01/97 (EQCC Horne Equity Loan Trust 1997-1) 338 South Warminister Road Hatboro, PA 19040 Defendant is: Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Who is the mortgagor and real owner of the property hereinafter described. As of October 10/21/05, Plaintiff is no longer accepting communications at their address. Plaintiff is in fact referring all communications to Fairbanks Capital Corporation. It should be noted that Fairbanks Capital is doing business as Select Portfolio Servicing. 4. Defendant has no knowledge of Plaintiff's whereabouts. 5. Defendant has no knowledge of Plaintiff's address. 6. Defendant alleges that Plaintiff is not an active National Bank as of August 31, 2005. 7. Defendant was not sent an "Act 91" notice giving the borrower 30 days to meet the lender or a consumer credit agency listed in the notice. Defendant alleges that Fairbanks Capital Corporation uses unfair, deceptive, and illegal banking practices by mis-servicing residential mortgages that it owns or services for another entity. Defendant alleges that Fairbanks Capital Corporation routinely seeks to collect and does collect "late charges," "inspection fees", "recoverable borrower fees," "corporate legal cost advances," unnecessary hazard insurances premiums and other fees and charges that are not legally due under the contract in Pennsylvania law concerning collection of fees, costs and charges. The fees, costs and charges are demanded and collected in the context of reinstatement agreements and in other contents, such as reinstatement demands, foreclosure and loan payoffs. 10. Defendant alleges that Fairbanks Capital Corporation victimizes Pennsylvania residential mortgagors with its practice of force placing hazard insurance covering properties, securing loans owned or serviced by Fairbanks Capital and charging its consumer customers unnecessary and excessive insurance premiums. The improper charging of insurance often results in placing the consumers in default of the terms of their mortgages, resulting in further improper and unauthorized fees and charges to their escrow accounts, which are controlled by Fairbanks Capital Corporation. 11. Defendant alleges that Fairbanks Capital Corporation charging of and collecting such fees, costs, and charges are prohibited by the uniform mortgage loan documents that govern the transactions between Fairbanks Capital Corporation and its consumer customers as well as the Pennsylvania Fair Credit Extension Uniformity Act, 73 P. S. section 2270.1 et seq ("FCEUA"), constituting unfair and deceptive acts and practices under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. section 201-1 et seq. ("CPL"). These laws prohibit creditors and debt collectors from engaging in abusive, deceptive and unfair collection practices. 12. Defendant alleges that Fairbanks Capital Corporation paid $40 million settlement to resolve their widespread loan servicing abuses to consumers whose loans were serviced by Fairbanks Capital Corporation between January 1, 1999 and December 10, 2003. Plaintiff refuses to provide a payment history from Equi-Credit, to Fairbanks Capital Corporation, to Select Portfolio Servicing. 2 13. Defendant alleges and has reason to believe that Equi-Credit it doing business as First Bank National Association Trust, 338 South Warminster Road, Hatboro, PA 19040. 14. Defendant alleges that Select Portfolio Servicing Inc. has not complied with all of the requirements of the Fairbanks Capital Corporation and Federal Trade Commission Consent Order in November 2003. 15. Defendant alleges that Plaintiff's loan was equity based and not the Defendant's income or ability to pay. 16. Defendant alleges that high attorney's fees and points were financed in the loan by Equi- Credit Corporation, and Fairbanks Capital Corporation that resulted in class actin suits against both. 17. Defendant alleges that Plaintiff violated the Federal Truth in Lending Act (TILA) by not disclosing that the mortgage broker fee was not disclosed as a finance charge. Failure to disclose the broker fee was a TILA violation, and the defendant has a right to rescind the mortgage even though the plaintiff was the assignee and not the original lender. 18. Defendant alleges that mortgage was not 24 months in arrears. Therefore, it was necessary for the Plaintiff to send an "Act 91 " notice which would give the Defendant 30 days to meet the lender or a consumer credit agency listed in the notice. 19. Defendant alleges that Select Portfolio Servicing has entered into an agreement to refund hundreds of thousands of dollars to homeowners due to predatory servicing practices. 20. Defendant alleges that the Federal Trade Commission charged Fairbanks Capital Corporation with defrauding 280 thousand homeowners. Fairbanks Capital paid out a settlement of $40 million and changed its name to Select Portfolio Servicing. 21. Defendant alleges that Plaintiff is charging over inflated lawyers fees to push the amount owed so high that it will make it hard or impossible for Defendant to confirmation in a Chapter 13 Bankruptcy. 22. Defendant has referred this matter to the Federal Trade Commission, Consumer Response Center, 600 Pennsylvania Avenue N.W., Washington, D.C. 20580. Case Number 595293. Wherefore, Defendant respectfully prays that the Cumberland County Court of Common Pleas grant the following relief: Motion to grant Defendant more time to retain the services of an attorney to review the original loan documents and address all predatory lending allegations and discrepancies that were revealed in the Equi-Credit Corporation, and Fairbansk class action suits. 2. The dismissal of First Bank National Association Trust, 338 Warminister Road, Hatboro, PA 19040 as a defendant in this matter. 3. Resolution remedy to include dismissal, rescission, or renegotiation of the entire mortgage and note. 4. Costs of litigation for the Plaintiffs attorneys. A 5. Relief for breach of contract, unjust emichrnent, breach fiduciary duty. 6. Court ordered independent accounting of Defendants escrow and mortgage accounts controlled by Equi-Credit, Fairbanks Capital, and Select Portfolio Servicing. Any other relief the court deems just and proper. ?wn?rn?,wal, ao65 Date Respectfully Submitted, Curtis W. Thompson De endant and Owner of property located At 325 North West St. Carlisle, PA 170 13 I m c) 4. 41 43 C7 4) a> r) c) ?a C> ?° Purl . `l _d GJ UA..TT ' DOTOD V) r H>MH -jCOH?A ? OADUI , rY?1DUS -i VULUH -i Om 3r J c Hoon-D D D O z <. 'Omr , HY.D O H D O ) r o > U co AO ' 0 F C M > 2 r OZr 11 P A .0 > M U -0-40 A of 4 /v n mw 0 Z t7 r 0 N U L" o I 0 o xD 0f ^ ?O A N O D T ,..> ?, -, ` --., ?, - ?-? N - ^.) `?7 PRAFCIPE FOR LISTING CASF. FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. -------------------------------------------------------------------------------------------------------- First Bank National Association Trust U/A Court of Common Pleas Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Civil Division Hatboro, PA 19040 Plaintiff : Cumberland County VS. Curtis W. Thompson 325 N. West Street Carlisle, PA 17013 Defendant : No. 02-5999 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff s Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff. Sheetal R. Shah-Jani, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 (b) for defendant: Curtis Thompson, Pro Se Address: 325 N. West Street Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 9, 0OR Date: BY: Sheetal R. Sh -J , Esquire Attorney for Plai iff _? t ??: ? ?- ??? ? ?? ? ?? •? PHELAN HALLINAN & SCHMIEG, LLP By: Sheetal R. Shah-Jani, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff VS. Curtis W. Thompson 325 N. West Street Carlisle, PA 17013 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 02-5999 I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment and Argument Praecipe were sent via first class mail to the person on the date listed below: Curtis Thompson, Pro Se 325 N. West Street Carlisle, PA 17013 Date: --44?2 BY: Attorney for A t. n' PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 015) 563-7000 First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff VS. Curtis W. Thompson 325 N. West Street Carlisle, PA 17013 Defendant T Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 02-5999 Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendant, Curtis W. Thompson, has filed an Answer to the Complaint in which he has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In his Answer, Defendant denies paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendant's Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. Defendant admitted in paragraph three of his Answer that he executed the Mortgage and that the Mortgage has been assigned to Plaintiff. True and correct copies of the Mortgage and Note are attached hereto, made part hereof, and marked Exhibits A and A1, respectively. 6. By Assignment of Mortgage recorded December 8, 1997, the Mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No.563, Page 764. A true and correct copy of the Assignment to Plaintiff is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 7. Plaintiff has provided an updated Affidavit, reflecting the due date, current figures and amounts due and owing by the Defendant on the Mortgage loan. A true and correct copy is attached hereto, made part hereof, and marked as Exhibit B. 8. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendant a letter notifying him of his default and of Plaintiffs intent to foreclose. A true and correct copy of the letter is attached hereto, made part hereof, and marked Exhibit E. 9. Defendant is not eligible for Act 91 of 1983 because the Defendant is more than 24 months in arrears on the mortgage. Nevertheless, Plaintiff sent Defendant notice pursuant to Act 91 of 1983. A true and correct copy of the Notice of Homeowner's Emergency Mortgage Assistance Program is attached hereto, made part hereof, and marked as Exhibit E. 10. Plaintiff provided Defendant with a reinstatement quote on August 23, 2005, but Defendant has failed to cure his arrears. A true and correct copy of Plaintiffs reinstatement quote is attached hereto, made part hereof, and marked as Exhibit F. 11. On or about February 7, 2006 and March 16, 2006, Plaintiff sent Defendant a copy of the loan history per his request. True and correct copies of the February 7, 2006 and March 16, 2006 letters are attached hereto, made part hereof, and marked Exhibit G. 12. The Mortgage was initially due for the December 5, 2000 payment. The Defendant made payments through the Chapter 13 bankruptcy, but failed to bring the account current. The Mortgage is now due for the March 5, 2004 payment, a period in excess of four (4) years. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 13. Defendant filed a Chapter 13 bankruptcy in the Middle District of Pennsylvania on January 3, 2003 at docket number 1-03-00052, as evidenced by the bankruptcy docket attached hereto, made part hereof, and marked as Exhibit H. 14. On or about September 30, 2004, Bankruptcy Court Judge, The Honorable Mary D. France entered a wage attachment Order against the wages of Defendant. The wage attachment ordered payments of $474.68 per bi weekly pay period, reduced to $219.09 per bi weekly pay period after five (5) months. A true and correct copy of the wage attachment Order is attached hereto, made part hereof, and marked Exhibit I. 15. On July 6, 2005, Bankruptcy Court Judge, The Honorable Mary D. France, entered an Order vacating the automatic stay provisions of Defendant's Chapter 13 Bankruptcy as to allow Plaintiff to proceed with its mortgage foreclosure action. Plaintiff filed a Motion for Relief as the reduced payments of $219.09 per bi weekly pay period was insufficient to cover a full monthly mortgage payment of $474.68. A true and correct copy of the July 6, 2005 Order is attached hereto, made part hereof, and marked Exhibit J. 16. Although Defendant alleges in paragraph eight (8) of his Answer that Plaintiff violated or ignored the payment terms set forth by the Bankruptcy Court, Defendant's letter of August 30, 2005 acknowledges the error in the wage attachment of September 30, 2004 and accepts responsibility for the error. A true and correct copy of Defendant's August 30, 2005 letter is attached hereto, made part hereof, and marked Exhibit K. 17. Throughout Defendant's bankruptcy, Plaintiff properly credited all payments received from both the Defendant and the Bankruptcy Trustee. The Bankruptcy Trustee received $6,983.13, as is evidenced by the Trustee's Report (see Exhibit M), which was disbursed to Plaintiff and properly credited. A true and correct copy of Plaintiff s loan history evidencing Defendant's default is attached hereto, made part hereof, and marked as Exhibit L. A true and correct copy of the Bankruptcy Trustee's Report is attached hereto, made part hereof, and marked Exhibit M. 18. No material facts have changed, other than the amount of the in rem judgment sought by the Plaintiff. In spite of making the bankruptcy payments, the Defendant remains in default and summary judgment in favor of Plaintiff is appropriate. Since a mortgage lien survives bankruptcy, Plaintiff is rightfully entitled to move forward with its Motion for Summary Judgment. Bankruptcy Code, 11 U.S.C.A. § 506(d). 19. On or about September 19, 2005, Plaintiff requested that Defendant complete financial worksheet in order to be considered for alternatives to foreclosure. A true and correct copy of Plaintiff s September 19, 2005 letter is attached hereto, made part hereof, and marked Exhibit N. On or about September 29, 2005, Defendant returned the completed financial worksheet. Plaintiff reviewed the worksheet and attempted to reach settlement with Defendant, but was unable to agree to terms. Because Defendant failed to take the necessary affirmative steps to cure the delinquency, Plaintiff was left with no alternative but to foreclose in order to recover its unjust financial losses. 20. Defendant has failed to sustain his burden of presenting facts, which contradict the averments of Plaintiffs Complaint. 21. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. 22. Defendant has the right to reinstate the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for Plaintiff's Affidavit in support of the Motion for Summary Judgment (see Exhibit B). Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP BY: CkLm?? - _ Sheetal R. Shah-Jan E Auire Attorney for Plaintiff EXHIBIT A r ' Rewd and nrecut" to•- 10101 po"w Food Park 322441110r olne JsMotwiffiN lIll II Illl?l , r IM678 65-0000465 moyrya .001M7 (Space Above Tlds Line For Rcwrftg Data) : Loan Numbers 53000046 MOR'rGAGE THIS MORTGAGE ("Security InsimmenC7 is given on The mortgagor is cuRna M IU MEW ("Borrower"). This Security Instrument is given to Eaulcr.ras Coraaraam p.. which is organized and existing under Ida laws of Panrrartvanla , and whose address is epwliartMtrtn Maw 9uaa3A wlvaMa tarot- ((.ender"). Borrower owes hcndcr the principal soon of FIfrY-FIVE 'CHOUSAND 17WO HUNDRED FIM Dollars (U.S. S . 55-250110 ). This deb( is evidenced by Borrower's note dated lite some dale as this Security Instrument ("Note'), which provides for moulldy payments, with the full debt, if not paid earner, due and payable on Fdauarp 5. 2027 . This Security Instrument secures to Lender: (a) the repeymat of the debt evidenced by the Note, with interest, and all renewals, extensions and nadifrcatioaa; (b) the payment of all other auto. with interest, advanced under paragraph 7 to prolecl Ilse security of this Security Instrument; will (c) lite pexforinance of Boroweei; covenants and agreements under this Security Irslnnne nt and the Nee. For this purpose, Borrower does hereby mortgage, grant and convey to Larder ilia following described property located in CUMBRRIAND County, SEE ATrAcIlED MiIDIT A". : which has the address of tic N wcvt 4T T CM LQ 1- PA 17nin (Street, City. Slate, Zip Code] ("property Address"); TOGETHER with all lite improvements now or herea0er erected on the property and all asscmats, rights, appurtenances, and all fixtures now or heresiler a part of ilia property. All replacements and additions shall also be covered by this Security Instrument. All of file foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS Hunt Borrower is lnwfidly seised of lite estate hereby conveyed and has the right to mortgage, grant and convey the Property and brat the Properly is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally die title to the Property against all claing and demands, subject to encumbrances of record. 7111S SECURITY INSTRUMENT combines uniform covenants for national use and non-unifortu rwvapants with limited variations by Jurisdiction 10 oonstitule a uniforot Security instrument covering real property, UNIFORM COVENANTS. Borrower and Leader covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by Uro Note and any prepayment and into charges due under the Note. Form "78 PA ISO Mig. (10/96) Pogo Irofb -2- 2. Funds for Taxes and Insurance. Subject to applicable taw or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under Use Note, until lit Note Is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as it lien on lite Property; (b) yearly leaselald payments or ground rents on the Properly, if any; (c) yearly hazard of property insurance premiums; (d) yearly flood Insurance premiums, if any; (e) yearly nuxlgnge insurance premmiums, if any; and (p any sums payable by Borrower to Lender, in accordance with ilia provisions of paragraph S. in lieu of llte payment of mortgage insurance premiums. These items are called "Escrow ]tuns." Lender may, at any line, collect and [told Funds in an ausoun( not to exceed ilia maximum amount a lender for a federally related mortgage loan may required for Borrower's escrow account cinder the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. 2601 at seq. ('RESPA"), unless another law that apglies to llte Funds ads a lesser amount. If so, Lender assay, at any those, collect and hold Funds in an amount not to exceed the leaser amount. Lender may eslimale the amount of Funds due on ilia basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held In au institution whose deposits are insured by a federal agency, Inslnunenlallty, or emtily (including Lender, if Lender is such an institution) or in any Federal tiouue loan Bank. Lender shall apply ilia Funds to pay ilia Escrow Items. Lender may not charge Borrower for holding and applying cite Fouls, annually asalycing line escrow account, or verifying Hue Escrow Items, unless Lender pays Borrower interest on tike Funds and applicable law permits Lender to make such a charge. }however. Lender may require Borrower to pay a ome•Hane charge for an iadependeml real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on site Funds. Borrower and Lender may agree ten writing, however, thaluuerest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of llte Funds, showing credits and debits to llte Funds and the purpose for which each debit to ilia Funds was made. The Funds are pledged as additional security for all sums secured by this Security tnstrulmnt. if the Funds held by leader exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with ilia requirements of applicable law. If ilia amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, (.ender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amomt necessary to make up the deficiency. Borrower shall make up [lie deficiency In no more Ilan twelve monthly payments, at Lender's sole discretion. Upon paynteal in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If. tinder paragraph 21, Lender shall acquire or sell Ilse Properly, Lender, prior to llte acquisition or sale of ilia Property, shall apply, any Funds held by Lender at Ilse time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under Ilse Note; second, to amounts payable under paragraph 2; third, to interest disc; fourth, to principal due; and last, to any late charges due under the Nola. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property ('Property Taxes") which may'atlain priority over this Security insfmnicstt, and leasclald payments or ground reins, if any. Borrower shall pay these obligations in llte manner provided in paragraph 2, or if not (aid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lcrdcr all notices of aoso nis to be paid under this paragraph. If Borrower makes these payments directly. Borrower shall promptly furnish to Lender receipts evidencing Hse payuselus. lit llte event Borrower fails to pay any date and payable Property Taxes, Leader may, in its sole discretion, pay such charges and add (lie amounts thereof to ilia principal amount of late loan secured by the Security Instrument on which inhered shall accrue at Ilse contract rate set forth in Ile Note. Borrower shall promptly discharge any licit which has priority over this Security Instrument unless Borrower: (a) agrees in writing to lite payment of the obligation secured by like licit in a manner acceptable to Lender; (b) co icsts in good failh the lien by, or defends against enforcement of the lien in, legal proceedings which in lite L.eadees opinion operate to prevent Hie enforcement of the lien or forfeiture of any part of the Property; or (c) secures from llte holder of Ilse lien an agreement satisfactory to Lender subordinating the lieu to this Security instnsmatt. If Lender determines that any part of Ile Property is subject to a lien whicit may attain priority over this Security Instrument, Leader assay give Borrower a notice identifying the lien. Borrower shall satisfy lie lien or lake one or more of the actiou set forth above within III days of like giving of mice. 3. Iliturd or Property Insurance. Borrower shall keep ilia improvements now existing or hereafter erected on ilia Property Insured against loss by fire, hazards included within ilia term "extended coverage', and may ether hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in Ilse amounts and for Ilse periods that Lender requires. The insurance carrier providing slue insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. In the event Borrower fails to maintain hazard insurance (including any required flood insurance) in an smount sufficient to satisfy, all indebtedness, fees, and charges owed Lender (in addition to payment of all lints and charges which may have priority over Lender's interest in the property). Lender may, in its sole discretion, obtain such insurance staining Lender as the sole beneficiary (single interest coverage). Lender may add any premiums paid for such insurance to lie principal amount of lite loan secured by this Seutrily lus(nament on which interest sitall accrue at Ilia contract rate set forth in flu Note. if Ilurrower fails to maintain coverage described above, Lender may, at Lcudees option, obtain coverage to project Lender's rights in the Properly in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall inciudc: a standard nnorgago clause. Lender shall have llte right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums said renewal notices. In the event of loss, Borrower shall give prompt notice 10 flue insurance carrier and Lender. Lender may snake proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of ilia Property damaged, if the restoration or repair is economically feasible and Lender's secitrity is not lessened. if flu restoration or repair is not economically feasible or Lender's security would be lessened, flue insurance proceeds shall be applied to the sums secured by Lids Security Instrument, whether or not then due, with any excess paid to Borrower. If Burrower abandons the Properly, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Under may collect ilia insurance pros reds. Lender may use lhe-proceeds to repair or restore ilia Property or to pay sums secured by this Security Instnuneat, whether or not Ilaem disc. The 30-day period will begin when the notice is given. Fain 0472 P. (WIWI P.p 2 d6 O i '3- Unless Lender and Dorrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone Ilse due dale of the ttwolidy paynants referred to in paragraphs 1 and 2 or change lite amount of Ilia payments. if under paragraph 21 (tic Properly is acquired by Lender, llorrowees rights to any insurance policies and proceeds reselling from damage to the Properly prior to ilia acquisiliest shall pass to Lender to Ilse extent of lire sutns secured by this Security Insinnttent Immediately prior to the acquisitiou. 6. Occupancy, Pmservallun, Maintenance and Protection of the Propertyp Borrower's Loan Applicatlun Lessehulds. Borrower shall occupy, establish, and use ilia Property as Borrower's principal residence within sixty days after file execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year alter the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower stall not destroy, damage or impair llte Properly, allow the Property to deteriorate, or commit waste on the Properly. Borrower shall be in default if oily forfeiture action or proceeding, whether civil or criminal, is began that in Lender's good faith Judgment could result [u forfeiturc of the Properly or otherwise materially impair die lieu created by this Security Instrument or Lender's security interest. Borrower may sue such a default and teinetsle, as provided in paragraph 18, by cursing lite action or proceeding to be dismissed with a ruling Ilut, in Lender's good faith delennination, precludes forfeiture of the Borrower's interest to llte Properly or other material impairment of Ilse lien created by this Security lnNrument or Lender's security interest. Borrower shall be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Leiter (or failed to provide Lender with oily material inforttalion) in connection ivitlt the loan evidenced by lire Note, inclydling, but not limited lo, representalions concerning Borrower's occupancy of ilia Properly as a principal residence. If (his Security Instrument is on a leasehold, Borrower shall comply with all fine provisions of Ibe lease. If Borrower acquires fee title to the Properly, the leasehold and flue fee title shall not merge unless Lender agrees to floe merger in writing. 7. Protection of Lender's Rights (u the Properly; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security hnuslsunhenl, or there is a legal proceeding that may significantly aflecl Lender's rights in the Property (including without limitation a proceeding in bankruptcy, probate, condemnation or to enforce other laws slid regulations), (lien Lender may do and pay for whatever is necessary to protect the value of (lie Property and Lender's rights in Ilse Property. It addition. Grantor (Mortgagor) covenants at all times to do all filings necessary to defend Not title to all of the said property, but the Beneficiary (Mortgagee) shall have llte right at any little to intervene in any suit affecling such title std to employ independent counsel in connteclion with any suirlo which it may be a puny by intervention or otherwise, and upon demand Grantor (Mortgagor) agrees either (1) to pay llte Beneficiary all reasonable expenses paid or incurred by it in respect to any such suit affecting title to ally such property, or affecting the Deraftcary's (Mortgagee's) liens or rights hereunder, including, reasonable fees to lies Beneficiary's (Mortgagee's) attorneys or (2) to permit tine addition of such expenses, costs, and attorney's fees to Ilia principal balance of rite Wets) segued by this Deed of Trust (Mortgage) oil which-inleresl shall accrue on the Note rate. Lender's actions may include paying any sums secured by a licit wldch.has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering oil Ilia Property to make repairs. Although Lender may take action under this paragraph 7, lender does not have to do so. Any summits disbursed by Lender under this paragraph 7 shall become: additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts ihall bear interest front llte dale of disbursement at the Note rate and shalt be payable, with interest, upon notice front Lender to Borrower requesting payment. I. Mortgage insurance. If Lender required mortgage insurance as a condition of tttakinlg the loan secured by this Security Inslnmtet, Borrower stall pay the premiums required to maintain the mortgage insurance in effect until such tittle its file requiremet for line insurance terminates in accordance with Borrower's and Levees written agreement or applicable haw. If, for any reason, floe mortgage insurance coverage required by Lender lapses or ceases to be let effect, Borrower shall pray the premiums required to obtain coverage substantially equivalent to lire mortgage insurance previously in effeci, a( a cost substantially equivalent to lite cost to Borrower of ilia mortgage insurance previously lit effect, from am alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available. Borrower shall pay to Lender each month a sum equal to one-twelflb of the yearly mortgage insurance premium being paid by Borrower when late insurance coverage lapsed or ceased to be in effect. Leader will accept, title and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payttuens may no longer be required, at (he option of Lender, if mortgage insurance coverage (in flue amount and for (he period that lender requires) provided by se. Insurer approved by Lender again becomes available and is obtained. Borrower s1tail pay ilia preudums required to maintain mortgage insurance in effect, or to provide a loss reserve, until Ilse requirement for mortgage insurance ends in accordance wills ally written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of flue Properly. Lender shall give Borrower notice at llte lime of or prior to an inspection specifying reasonable cause for the iuspection. toe. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection wills any condemnation or other taking of any part of Ilia Properly, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In flue event of a total taking of she Property, llte proceeds shall be applied to the sums secured by this Security Instrument whether or not then due, with any excess paid to Borrower. In the event of a pnpdis[ Inking of the Properly, unless Borrower and Lender otherwise agree in writing, lite suns secured by this Security Instrumentl shall be reduced by Ilse amount of (lie proceeds tmulliptied by like following fraction: (a) Ilia total amount of ilia sums secured immediately before floe taking, divided by (b) the fair ttaarkcl value of the Properly immediately before the taking. Any baiante sisal[ be paid to Borrower. If the Properly is abandoned by Borrower, or if, after notice by Lender to Borrower that Ilia condemnor offers to make an award or settle a claim for damages, ilnrrower fails to respond to Lender within 30 days after Ilia dale ilia notice is given, Lender is authorized so collect and apply tla proceeds, at its option, either for restoradoai or repair of lute Property or to the sums secured by this Security Instrument, whether or not then due. Unless Leader said Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone lite due date of the ntoutddy payments referred to in paragraphs I and 2 or change llte amount of such payments. Form #479 Pa (10/96) . . Page 3 of 6 i .4- if. Borrower Not Redeasedl Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the wens secured by flats Security Instrument granted by Lender to any successor in Interest of Borrower shalt not operate to release the liability of the original Borrower slid Borrower's suecessors fit interest. Leader slamit not be required to commence proceedings against tiny successor or Interest or ramie to extend tittle for payunut or otherwise modify amortization of tho sums secured by this Security Instrontenl by reason of any denand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or randy shall no( be a waiver of or preclude the exercise of any right or remedy. 12. Successors ono Assigns Hound; Joint and Several Liability; Co-stgners. The covenants and agreements of this Security Instrument sled`11 bind and benefit Cite successors and assigns of Lender and Borrower, subject to llte provisions of paragraph 17. Borrawees covenants and agreements shall be joint sold several. Any Borrower who co-signs this Security Instrument but does not execute the Nola: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's Interest in the Property under the terms of this Security Inslnunenl, (b) is not personally obligated to pay tide suns secured by this Security Instrument. and (c) agrees that Lender and arry other Borrower pray agree to extend, modify, forbear or make any other accommodations with regard to slue terms of this Security Instrument or lire Note without that Borrower's consent. 13. Lean Charges. If ilia loan secured by this Security Instrument is subject to a law which acts maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected In connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce lie charge to lire permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing lire principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, tine reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Insttumeni shall be given by delivering it or by mailing It by first class unless applicable law requires use of another inethod. Tlx: notice shall be directed to cite Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Leader's address stated herein or any filter address Lender designates by notice to Borrower. Any notice provided for to this Security Instrument shall be deemed to have been given to Borrower or lender when given as provided in this paragraph. 15. Governing Irwi Severabilhty. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Prope" is located. In the event that any provision or clause of this Security lastrunew or slue Note conflicts with applicable law, such conflict shall not affect other provisions of this security Instrument or file Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given are conformed copy of the Note and of Iris Security Instrument. 17. Transfer of the Property or a Beneficial loterest In Borrower. If all or any part of the Property at an interest therein is sold or transferral by Borrower (or if beneficial interest in Borrower is sold or transferred and Borrower is not a natural person or persons but is a corporation, partnership, trust or other legal entity) without Lender's prior written consent, excluding (a) the creation of a lien or encuuubtance subordinate to this Security Instrument which does not relate to a transfer of rights of occupancy in the property, (b) the creation of a purchase stoney security interest for household appliatxxs, (c) a transfer by devise, descent or by operation of law upon lie death of a joint tenant or (d) sue grant of any lessehold Interest of twee years or less not containing an option to purchase, Lender may, at Leader's option, declare all slue sums secured by this Security Instrument to be Immediately due and payable. If Lender exercises such option to accelerate, Lender shalt mail Borrower notice of acceleration in accordance with paragraph 14 laereaf. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared dire. It Borrower falls to pay such sums prior to file expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 21 hereof. Lender may consent to a sale or transfer if: (1) Borrower causes to be subrnined to Lender information required by Lender to evaluate (lie transferee as If a new loan were being made to the transferee; (2) Lender reasonably determines Iha Lender's security will not be impaired and that the risk of a breach of any covenant or agrcentent in this Security instrument is acceptable, (3) interest will be payable on the suns secured by this Security Instrument at it rate acceptable to lender, (4) changes In the terms of the Note and this Security Instrument required by lender are made, including, for example, periodic adjustment in the interest rate, a different final payment date for the loan, and addition of unpaid interest to principal; and (S) the transferee signs an assumption agreement tuft is acceptable to lender and that obligates ilia transferee to keep all ilia promises and agreements made in the Note and in this Security Instrument, as modified if required by lender. To the extent permitted by applicable law, Lender also may charge a reasonable fee as a condition to lender's consent to any sale or transfer. Borrower will continue to be obligated under the Note and this Security lnstr anent unless Lender releases Borrower in writing. 18. Borrower's Right (o Reinstate. If Borrower meets certain conditions, Borrower shalt have true right In have enforcement of this Security instrument discontinued at any time prior to ilia earlier of: (a) S days (or such other period as applicable law may specify for reinslnternem) before sale of lire Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Jpstrunreni. Those conditions are drat Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and slue Note had no acceleration occurred; (b) cures any default of any oiler covenants or agreements; (c) pays all expenses incurred in enforcing this Security instrument, including, but no( limited lo, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in ilia Property and Borrower's obligation to pay ilia sums secured by this Security instrument shall continue unchanged. Upon reinstateatent by Borrower, ids Security instrument and the obligations secured hereby slwll remain fully effective as if no acceleration had occurred. However, This right to reinstate shall not apply in ilia case of acceleration under paragraph 17. Form N4711 Pa (10/96) Paled 4 of b • 4b .5- 19, Sale of Note; Change of Loan Servicer. The Note or is partial interest in the Note (logedier with this Security Instrument) may be cold one or more lines without prior notice to Borrower. A sale may result in a change in the emtily (known as lire "Loan Servicer") that collects monthly payments due tinder the Note and this Security Instrument. Titers also may be one or more changes of Ilse Loan Servicer unrelated to a sale of lire Note. If there is a change of lire Loan Servicer, Doriower will be given written notice of Ilse change iti accordance with paragraph 14 above slid applicable law. The notice will slate de name and address of ilia new Loan Servicer slid lime address to which payments should be made. (lie notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit tiro presence, use, disposal, storage, or release of stay I lazardous Substances on or In lire Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that Is in violation of any Enviroan ie tal Law. The preceding two sentences shall' not apply to ilia presence, use, or storage on the Property of small quantities of Hazardous Substances (list are generally recognized to be appropriate to normal residential uses and to dnainlerance of the Properly. Dorrower sbmil promptly give Lender written notice of aoy investigation, claim, demand, lawsuit or other action by ally govertmmeminl or regodalory agency or private party involving the Properly soul any Ha7aMous Substance or Euvironoawtai Law of which Borrower has actual knolmiedge. If Borrower learns, or is notified by any goverunemtal or regulatory authority, that any removal or other rentedialion of any Hazardous Stillslauce affecting lire Property is necessary, Borrower shall promptly lake all necessary neanicdial actions in accordance with Environmental Law. As used in this paragraph 20, 1 lazardous Substances" are those substances defraed as toxic or hazardous substances by Environmental Law and fire following substances: gasoline, kerosene, other flammable or toxic petrateum products, toxic pesticides and herbicides, volatile solvents, material containing asbestos or formaldehyde, and radioactive materials. As used In this paragraph 20, "Environmentaf Law" means federal laws and tine laws of lie jurisdiction where lire Property is located that relate to health, safety or ervironmremal protection. NOWUNWOiIM COVENANTS. Borrower soil Lender further covenant and agree as follows: 21. Acceleration, Remedies. Leader shall give notice to Borrower prior to acceleration following Hurrower's breach of any covenant or agreement in this Security insiniment (but net prior to acceleration under paragraph 17 unless applicable law provides otherwise). Leader shall notify Borrower of, among other things: (a) the default; (b) the action required to care the default; (c) when the default most be cared; and (d) that failure to care Ilia default as specified may result In acceleralion of the wins secured by this Security lastniment, foreclosure by judicial proceeding and male of the Properly. Leader shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-existesice of a default or any other defense of Burrower to acceleration and foreclosure. If the default 1s not cured as specified, Leader at Its option may require immediate payment in full of all smut secured by this Security Instrument without further demand and nosy foreclose this Security instrument by judicial proceeding. Lender shall he entitled to collect all expenses bettt!'i i d in pursuing Ilse remedies provided In this paragraph 21, Including, but not limited to, attorney's fees and So •(ille_pvloVi Ace to flit extent permitted by applicable law, 22. Release. Upon payment of all sunts secured by this Security insinimenl, Leader so. lst{tiarge thic'Senrrily instnmrent without charge to Borrower. Borrower shall pay any recordation costs. - `n 23. Waivers. Borrower, to the extent permitted by applicable law, waives slid releases #ii-error or defects in proceedings to enforce this Security Instrument, and hereby waives Ile benefit of any present or Juhrie Tajvs.(xdviding for stay of execration, extelsion of titre, exem)tion from allachutelt, levy and sale, and homestead excApllan:- . I4. Reinstatement Period. Borrower's time to reinslale provided in paragraph 18 shall exlesxl to'uog•?iouf pilot 1o die commencement of bidding at a sheriffs sale or other sale pursuant to this Security lnslrsmtAil. 25. Purchase Money Mortgages if any of tine debt secured by this Security instrument is lent to Borrower to acquire title to the Properly, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees flint Ilse Interest rate payable after a judgment is entered oil else Note or in an action of norlgage foreclosure stall be Ilse rate payable from time to time under (lie Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agrecusents of each such rider shall be incorporated into and shall ameud and wpplernew the covenants and agredneuts of (Ilia Security Instrument as if the rider(s) were a part of this Security Instrument. (Check applicable box(es.) ? Adjuslabte Rate Rider ? Condominium Rider ? 14 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ® Other(s) (Wecify) ? Second Home Rider SEE ATTACHED EXHIBIT'A'. rr 28. Conformity With Laws. if any provision of this Mortgage (Decd of Trust) is found to be in violation of any law, rule or regulation which affects ilia validity and/or enforceability of the Note and/or Mortgage (Deed of Trust), Ilia( provision shall be deemed modified to comply wills applicable law, rule, or regulation. Form 0479 Ps (10196) Page 5 of 6 BY SIGNING BELOW, Borrower gtxepl vvf Gomm to the lam and covenants contained In this Setaaity Isstrualem gad in my rider(s) executed by Borrower Gad recorded with it. AA ?i1 ? (SEAL) Witness 8o CURTiS W. THOMPS N R (SEAL) Witness Borrower (SEAL) Witness •:• •? Borrower 1 hereby ccstiry that the precise address of the Lender (Mortgagee) is so lwmilron Met _ suNe 3A AAanrown Pmnsrlruita tetot- . On behalf of the Lender. By Title: COMMONWEALTH OF PENNSYLVAN/A, AMMV AM C y ss: Oa lkls; the m&' day of i '. • ,warnv. t>ts>' . before me, the undersigned officer, personally appeared known Is me (or smisfadorily ) to be lire person(s) whose nomjL_ subscribed to the within instrument end acknowledged that _bjbjenecwed the same for the purposes herein contained. ;1? lVl7'Ia18S1): REOF, I have hereunto set my hand and official seal. Q My Ccaemiasltitil&l)lres•. Notow sew Gosh A MOW, Notary Publlo r ••e. ClaabarMnd ? fsolnyAFd 17, Title of Officer (Space Below This Use Reserved For AcknewledgiewAl EqurftdN Corporation of P94, , cost Hamilton Mail, ?,. Suite 3A Allentown, PennsylvanM 18101- Form #479 Pa (10196) Page 6 of 6 k Loan Number: 53000046 NOTE Januarv 30, 1997 ALLENTOWN Pennsylvania Dale City 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. S 55250.00 (this amount will be called 'principal"), plus interest, to tine order of the Lefler. The Lcnder is irr Credit Cwpgralinn of Pa. 1 understand that the Lender may transfer this Note. 'llic bender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the 'Note Holder'. L 1NTEREST I will pay interest at a yearly rate of 9.750 6/%. Interest will he charged on Wa/ poll of pirincipal which has not horn paid. interest will be clurged beginning on February 4. 1997. mid continuing until the full amount of principal has been laid. Subject to applicable law, the No4c ogler shall be entillal to interest at the yearly role an any mortgage werewage (anoumt post due) including, without limitation, circumstances in which a petition in bankruptcy, wage-earner, or otha insolvency proceeding is filed designating are as debtor. 3. PAYMENTS Such principal and interest shall be payable in 3W successive monthly installments with the first such instalhnent in [fie amount of S 489.64 due on the 5th day of M.UdL IM said 159 subsequent monthly installments of S 474.68 shall be due on lie 5th day of code succeeding moth thereaQa. 1 will make these payments every mend, anti] I have laid all of the principal and intacsl and any otter charges, described below, that 1 may owe under this Note. If, our February 5. 2ff17 I still owe amounts under this Note,1 will pay all those amounts, in full, on that date. Time is of die essence of this Note. I will make my monody payments at P.O. Box 44132, Jacksonville, Florida 32231 or at a different plate if required by Qtc Note I folder. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Return Check Charge In the event that a check used to nuke any payment required by this Note is relumed unpaid by the payor bank for insufficient finds at credit, I agree to pry you a 510.00 fee for your additional costs incurred in processing such check. This change will be required whether or not the returned check causes my payment to be late. (B) Gate Charges for Overdue Payments If the Note I folder has not received Ilse full amount of any of my monthly payments by the end of 10 calendar days of cr the date it is Joe, I will pays late charge to (lie Note Holder. the amount of the chnge will be 5 4Y. of my overdue payment, but two lass than U.S. S ?173 and not more than U.S. S 23.73 1 will pay this late charge only once oil any pate laymcal. (C) Default If I do not posy the full amount of each monthly paymatt by the date stated in Section 3 above, I will be in default Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in Ibll as described above, the Note Holder will still have the right to do so if I am in default at a lata time. (D) Natlce Ymm Note fielder If I am in default, the Note Holder may send me a written notice telling me that if I do not Ply the overdue arount by a certain date the Note Ifolder may require me to pay immediately the full amount of principal which has not Men paid and all die interest (list 1 owe on that amount. That date must be at least 30 days alter the date on which the notice is mailed to me or, if it is not mailed, 30 days ana the date on which it is delivered to me. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Hotelier will have the right to be paid back for all of its costs and expenses to the extent not prohibited by applicable law. Those expases include, for example, reasonable attorneys' few. 5. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note 1 folder under this Note, a Mortgage, dated ]anuanr?0 1997 protects the Note I folder from possible losses which might result if I do not keep the promise wliidd I rake in this Note. That Mortgage describes low and under what conditions 1 may be required to make hnnediate payment in full of all amounts that I owe under [his Notc. 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE I have the right to make payments of ppacilitat at any time before they are (Inc. A payment of principal only is known as a 'prelayment". When 1 make a lwgm rnent, 1 will lctl the Notc [folder in a leper that 1 am doing so. A pepaymcnd of all of ilia unpaid principal is known as a 'full prepayment'. A prepayment of only part of the unpaid principal is known as a "partial prepay ne t". 1 may make a full prepayment or partial pcpnaymient at any time, however, die Lender may charge me a pxepsyanan charge equivalent to 3 months interest daring-the first three years of the loan at the rate set forth above on the armwnt of the principal balance prepaid. 1112 Note I polder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no delays in the due doles or changes in the amounts of my monthly payments unless the Note I folder agrees in writing to those delays or changes. I may make a full prepayment at anytime. If f choose to makes partial prepayment, the Note 1 [older may require me to make the prepayment oil the same day that one of my monthly payments is due. "Ilse Note holder may also require that the amount of my partial prepayment be equal to the amount of prin6pel that would have been part of my next one or more monthly payments. 7. BORROWER'S WAIVERS I %vnive my rights to require the Note I folder to do certain things. Thane things are: (A) to demnnd paytuett of amounts due (known as "pesenhnent'), (B) to give notice that amounts due have no( been paid (known as 'notice of dishonor'); (C) to obtain an official certification of nonpayment (known as a 'protest') Anyone else who agrees to keep the promises made in this Note, or who agrees to drake payments to the Nose Ifolder if I fail to keep my promises wider this Note, or who signs this Note to transfer it to someone else also waives these rights. 7 hex persons are known as 'guarantors, sureties and endorsers.' Fenn #433 Pennsylvania (10196) II I 111111111111111111 Page I of 2 All First Mortgages 3 Second Martgagcs over $50,00( 40012%26 136673 6530000465 NoN + 4 c ?+ '2- 11. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it be wed tail addressed to me at the Property Address in the Security Instrument. A notice will be delivered or mailed to me at a different address if I give the Note fioWer a notice of my different address. Any notice that must be given to the Note f folder under this Note will be given by mailing it by certilled nail to the Note I louder at the address stated in Section 3 above. A notice will be mailed to the Now Ifuldet at a different address if I am gives a notice of that different address. 9. RESPONSIBIUTY OF PERSONS UNDER THUS NOTE If more than am person sits this Now. each of us is fully and personally obligated to pay the IWI amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or edlorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note !folder may calbrcc its rights under this Note against each of us individually "against all of us togepux. 77nis means that any one of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of trey promises made in this Note. Any person who takes over the rights or obligations of a guarantor, avrety, or adorser of this Note (as described in Section 7 above) is also obligated to beep all of the promises mode in this Note. 10. LOAN CHARGES . I understand and believe that Una lending transaction complies with Pennsylvania usury, lending, general obligation, and real property laws of Pennsylvania, unless preempted by Federal law, however, if any interest or other charges in connection with this lading transaction are ever determined to exceed tiro maximum amount permitted by law, f understand and agree flat: (i) the amount of the interest or other charges payable by me pursuant to this lending transaction shall be reduced to the maximum amount permitted by law, and (ii) any excess amount previously collected from me in connection with ibis lending transaction which exceeded the maximum amount permitted by low, will be credited spine the outstanding principal balance. If the outstanding principal balance has already been nywwid, dw excess amount paid will be refunded to me. All fees, charges, goods, things in action at any other stuns or things of value (collectively, the 'Additional Sumer') paid at payable by me, whether pursuant to this Note, tie btarlgage/(kCd of Trust or any other doevrncmt or instrument in my way pertaining to this landing trawction, or otherwise with respect to this lending transaction, which, udder the laws of Pennsylvania, may be deemed to be interest with respect to this landing transaction, shall, for the purpose of any laws of Pennsylvania which may limit the maximum amount of interest to be charged with respect to this leading transaction, be payable by me as, and shall be deemed to be, additional interest, and for stlch purposes only, the interest rate of this lending transaction (ail defined in this Note) shall be deemed to be increased by the Additional Sums. I acknowledge that the p noc*9 includes closing costs listed an the lass Closing Statement and/or the Itemization of Amount Finseced (unless such less are paid by me m each or by check at clown) and deem such costs to be reasonable and specifically agree to pay them. 1 also acknowledge and understand that the loan origination fee, if any, and any other prepaid finance charges am fWly earned at the time the loan is trade and are net redbndable. tl. CONFORMITY WTM LAWS If ary provision of this Note is found to be in violation of any law, rule, or regulation, that provision shall be dterned modified to comply with applicable law. 10, 12 DEFAULT DISCLOSURE If yew do not meet your contract obligations, you may lase your houm k47 - J-? W. 4L:n?? norr-av- -1 CURTIS W. THOMPSO Borrower Borrower (.Sign Original only) corm 9433 (10196) Page 2 of 2 EXHIBIT A2 33???C-- THIS ZHSTRZ vFYT PwwaRan HY, Loan ETo_ 53000046 10 1 DaJ411Tned Park Blvd. Jac envsxle, PIOtida 32236.0508 LI)tJb. ;., ; : •? , •: laid UtIm"11 'r u;i<IbLY'1. KNOM ALL JUM By T$wa P;2s2NTe. N'CX*jvj(.(.F, 46140A ''RIA•0505 ob this 4th day of February, 1997, the x"CrMcKpWatfinofl'a. located at 10401 D-OWWOod park sivd., .7ackswvi,11s, Fl. 32256-0505 Hereafter designated as Assignor ter and in Consideration-of the sum of One Dollar ($1.00) and other goad and valuable consideration, the receipt, whereat is hereby acknowledged dose by these presents harsby grant, bargain, sell, assign, transfer and net over unto -nw a&* Ki3swAuadsUOA' a corporation organised tinder the laws of the U with its principal office at 111 E WACXFR DR., STE c' Amk- hereinafter designated as Assignee, all of its right,.titla and mereat ae holder thereof, in and to the following described mortgage (a), the, property therein described and the indebtedness thereby secured: Executed byacwaaw. Payable to., RQUIC"A c Cap.nsor arpa. O ` Bearing date of: J aw+rs 34, 4997 amount Secureg&",80 Recorded on in Hook 1364 page of the office of the Recorder of Dee or the County of CUMS ` CRUM commonwealth of Pennsylvania. Property: SSE XXLON FM LEGAL D22CkIPT;0Ei Together with the note or obligation described in said mortgage(=) endorsed to the Assignee this date, and all Moneya due and to become due thereon, with interest. TO HAvE AJD TO HOLD the same unto the Assignee and to the aucCesaolre, legal representatives and aasigno of the Aeeignee zorever, subject however to the right and equity of redemption, +h if any theta be, of the maker(s) of the ortgage hereinabove described, their heirs and assigns forever. Legal Deecriptlon on Mortgaged property AU- TW CBRI'AZN LOT or (, Ta'nq TW BpAp(? of Cm z=, CLVMBRLA.lp rA BWZMXM AT A P Bi0 PoMr AND AL1lMIM AS ECUMS, TO WZT_ murM as PROP y ON = MW a= 4CW NORM RMT &MOM, SASD Pone 2BIG AT COMM Or ETt M R. NMZWM AN, Mrs M, 223 VMI MR= AL4iG MW AN OMMY AAILROAp7E1 OcNp T A[,C.,• 100 MEET' TO 6Ai1DS NoN Oa EOaMBBV,Y w P&i? "'i 01- GBORM K. WON AND AMAML M.M LAWS M A Y DIROCrZO(Q, 15 Fail 1t? GAE®S DZRECl'Lm. loo rxer To S2E al1.Sr 8I26 I HIS H2rsi TH9" ALONG SA= LAWS sa •A NAY "ALP OP AA FRAME bit c iMC "0.23,5 ; . JN = TUC a n"a w 6009 563 PAGE 7634 corm *976 PA (Rev. 11190) D (Continued on reverse •ide) birlasPp? 97-1 437-418 . Asslwa IVT ON K0WMmas (Ca ntA,nuftd) 92XM = 1"10 91WB4 AM C "M PSMISIM WHIM RAYED it. 2WMpSM, III AND BY aMar.4M IR RMMW MW Hoppt 3t1J( PAM 521 ? IN 2%. Olr R. ,,C., 02MEW (><= CbRTLS N. TBW . BE7WEEN: t^- W O '°R^,f AP r4. :y ??j£, * ; Anf arty NaL' "1`'?P, the said Squt hMC0rVmjjogofY.. b ?Y xe"cl by y its ate proeealper to or7Cba liareto affixed and these preaento to iceze this 4th day of pebruary, 1997. (Corporate seal) xq" odie Corp at a of pa. Attest. T. Robinson t ?COP9? DR X Rubs a T?tyha thi moth dayy of Febig ?y, °• 8 ?! Coe Plea iC o the r9t$te gC?plriaa, Z9ereo,,g re me, the: Le Pe;i1?on Mho eaieCS *54191"l- trd Peaxed both i am 9atiu are VY .fie aw w Nhenet t a t as owl Ce` oreaa ?; q? that t1u'Ox de ?' iere t?ea that Directorauch corporation made by virtue of t nlui' fwCS a dsotue'?d MY Coelmiaoion expires: f NANCY L MQM tate 7ftn? BmWWgyg A,Fm9 Notary Pubig L. v d -Aortas at r+arge I here N4 CCUMM S ? Cf) 1?a f Mea of the Assignee A-Y?' ?j,-,•? l?io1"Didi r tioa oC Jackio pp??? p °g??d• g le, Flozlda 32256 PoF7a 0276 $'A (Rev. S1 G,CI?4. s t ` ! r• .% K s .ounry 86 Dirt • :Y ' ? i , ' +'f : ?; .eLOOinrdaa for Cy°flf°a for tha ncordyq of Da.4s saps nlargny County. Pa T I. 1 r)Ey/i ;?Qa_ yt t,004* -Ili VOL t6diMA, PA iFR; `r tit l? BOOK 563 PACE 765 .... EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY ninGMF.NT STATE OF Utah COUNTY OF Salt Lake ss. Dustin Stephenson-, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Document Control Officer at Select Portfolio Servicing, Inc., mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendant have been credited to Defendant accounts. 5. Defendant's mortgage payments due March 5, 2004 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage are correctly stated as follows: Principal Balance Interest February 5, 2004 through February 29, 2008 Per Diem $13.92 Escrow Advance Suspense Balance Late Charges NSF Fees BPOs/Appraisals Property Inspections Outstanding Attorney Costs and Fees TOTAL $52,120.16 $20,108.33 $6,895.13 -$1,662.99 $93.76 $20.00 $225.00 $10.00 $3,049.49 $80,858.88 7. Mortgagor has failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendant and to the severe detriment of Plaintiff. accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its interests. NameDUSTIN S PHENSON Title: Document Control Officer Select Portfolio Servicing Inc. SWORN TO AND SUBSCRIBED BEFORE ME THIS /JaDAY OF 114x., c 4 2008. NOTARY P LIC NOTARY PUBLIC ELLE NELSON 3815 South West Temple Salt alt Lake City, Utah 84116 My Commission Expires May 30, 2011 STATE OF UTAH File Name and Number: Curtis Thompson. Account No. 8530000465 EXHIBIT C FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 03/01/97 (EQCC HOME EQUITY LOAN TRUST 1997-1) 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 TERM V. Plaintiff NO. 02- CUMBERLAND COUNTY CURTIS W. THOMPSON 325 N. WEST STREET CARLISLE, PA 17013 0 C F11%) Defendant(s) -0 ?L ~ mfr i- t CIVEL ACTION - LAW CO.E c COMPLAINT IN MORTGAGE FORECLOSURE NOTICE rso **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND -;&Y? INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. C-) -' C7 a CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-31661 Loan #: 8530000465 - Y ' 4b 4 ? r FILECWY IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS. UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 03/01/97 (EQCC HOME EQUITY LOAN TRUST 1997-1) 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 2. The name(s) and last known address(es) of the Defendant(s) are: CURTIS W. THOMPSON 325 N. WEST STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/30/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUICREDIT CORPORATION OF PA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1364, Page 342. By Assignment of Mortgage recorded 12/08/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 563, Page 764. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage dne 12/05/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $53,825.75 Interest 11,216.40 11105100 through 12/01/02 (Per Diem $14.38) Attorney's Fees 1,250.00 Cumulative Late Charges 284.76 01/30/97 to 12/01/02 Cost of Suit and Title Search $50.00 Subtotal $67,126.91 Escrow Credit 0.00 Deficit 1.043.36 Subtotal 1$ ,043.36 TOTAL $68,170.27 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 10. Notice of Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, is not required as the mortgagor is more than 24 months in arrears on the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $68,170.27, together with interest from 12/01/02 at the rate of $14.38 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, LLP By: /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL deaf to to be aistvernd site 1a d a morose src9" r Cessb mom Cowshg raeaeyMwis bewdw aad &= Mows, ElaAb lxmv184G at s pdvt w dw 6m AkvfftM Wet3mvMmM PW bft w cw ww OfPv pOlF *CFm L ID6i=aa od M iK U46ko % bb MN t mft almsaid bob Ism =duly WKS1 m kd m eset ww err e[ ?gMa Caw r; deww glee lum bn& ka swiN"rdtwa - s,115" b bob of t'oww X bowo ssd AnuWs ML Bows, bs wi?r, i..o? sieii iae?b is s, ?? .e.IN *ftd*M 9wW di.a(Mwu Wrt 3P -1; Aeosa• •iMAW rMtj s mf f%ra Wag abogtr l'S*&#s dw pbM« ANC. $enl¦`lbeeeee;oroelni dM>wMless?ofs trasreiwd? hw*t IM 0 oil! lQKG'tlt?3A1MR PRR ?rMieie Aayma4 N. 71wepmwjl, AL MW Ca* W. Tbomvm% by &dr iced aedod VJM mW ?risi tM1A+i tie !w Aoeorderr s?DMd? Otli?a. Cs?sierieti CiwWr Oad iid¦t ?iX pr?:? ?rsn?t oM eersayod ws VERIFICATION MATT FEENEY hereby states that he is DOCUMENT CONTROL OFFICER of FAIRBANKS CAPITAL CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Matt Feeney DATE: EXHIBIT D ?00508-18 16.39 L 7.17-7,7- 18 >> 56 •76 6 P 1/5 + 031 e l t?i? (,E 9c.C. Wes. ? .t5?? -?I ?AuAm-cr %?-PI \?64t ?Oow CIVIL ACTION - LAW , C i&RESPONSE fN MUlt rGA,GE FORECLOSURE ?? 813 Plaintiff is: First Hank National Association Trust IYA dated 03/01/97 (EQCC Home Equi?y Lol. CD ` _. - Il Trust 1997-1) _ -! 338 South Warminister Road Hatboro, PA 19040 :7i 2. Defendants is: - ' i •y Curtis W. Thompson _K 325 North West Street Carlisle, PA 17013 who is the mortgagor and roan owner of the property herinafter described. 3. Agrees. 4. Defendant acknowledges and identifies premises subject to said mortgage as described. 5. Disagrees. Defendant was making regular mortgage payments as per Cours Order dated 30 September 2004. Upon consideration of a motion for wage attachment, it appeared to be the desire of the defendant and the trustee in bankruptcy to effect a wage attachment on defendants wages. As such, it was Hereby Ordered and Decreed that such wake attachment be issued against the wages of Curtis W. Thompson, at the rate of $474.68 ppr bi weekly pay period for five months, with all payments going directly to mortgage company. At the end of 5 months, the defendant's wages were to be attached in the amount of $474.68 per month, or 219 perbi-wcgkly nay period. In addition, it was hereby ordered and decreed that a wage attachment be issued at the rate of 512416,per bi-week y nA_=___net. d ($269.00 per month) and mailed directly to Charles J. Dehart, III, Trustee in Bankruptcy, P.O. Box 410, Ilummelstown, Pennsylvaiua 17036. Said Wage Attachment was sent directly to the defendant's employer c/o Jodie Bowman, Personnel Supervisor, 131 Main Capitol Building Rouse Box 202020, Harrisburg, PA 17120-2020, and is to stay in place until the defendant's Chapter 13 Plan is completed, until the defendant is no longer employed with the ('ornmonwealth of PA, or until Court orders said wage attachment be ceased. Said order was approved and signed by Mary D. France, Bankruptcy Judge. 1005-08-19 10:35 LRO 717-787-6118 >> 215 568.7616 P 2/7 CIVIL ACTION - LAW RESPONSE IN MORTGAGE FORECLOSURE (AMENDED) 2 Plaintiff is: First Bank National Association Trust U/A Dated 03/01/97(F.QC(' Home Equity Loan Trust 1997-1) 338 South Warminister Road Hatboro, PA 19040 Defendant is: Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Who is the mortgagor and real owner ol`the property hereinafter described. 3. Agrees. 4. 5 Defendant acknowledges and identifies premises subject to said mortgage foreclosure as described. Disagree. Defendant was/is making regular mortgage payments as per Court Order dated 30 September 2004. Upon consideration of a motion for wage attachment, it appeared to be the desire of the Defendant and the trustee in bankruptcy to eftect a wake attachment on defendants wages. As such, it was Hereby Ordered and Decreed that such wage attachment be issued against the wages of Curtis W. Thompson, at the rate of 5474.68 aaer bi-weekly pay period for five months, with all payments going directly to mortgage company. At the end of 5 months, the delendaant's wages were to he attached in the amount of $474.68 per month, or $219 per bi-weekly pay period. Tn addition, it was hereby ordered and decreed that a wage attachment be issued at the rate of 124.16 pct- hi-weekly ($269.00 per month) and mailed directly to Charles J. Dehart, TIT, Trustee in Bankruptcy, 11.0. [lox 410, Hummelstown, Pennsylvania 17036. Said Wage Attachment was sent directly to the defendant's employer c/o Jodie bowman, Personnel Supervisor, 131 Main Capitol building House Box 202020, 1 larrisburg, PA 1 7 1 20-2020, and is to stay in place until the defendant's Chapter 13 Plan is completed, until the defendant is no longer employed with the Commonwealth of PA, or until Court orders said wage attachment be ceased. Said onlir was approved and signed by Mary D. France, Bankruptcy Judge. 6. To the best Defendant's knowledge all payments were made to the mortgage company and bankruptcy trustee as stipulated and is not in default of mortgage payments. 1_005-08-19 10:35 LRO 717-787-6118 >> 215 568.7616 P 3/7 7. Mortgage Company refused to accept mortgage payments its st.ipulattA by the Bankruptcy Court. 8. To the best of Detendant's knowledge, mortgage will fully violated or otherwise ignored the payment terms set forth in the bankruptcy Court ordered agreement. Therefore, if the Mortgage is reinstated prior to the Foreclosure Sale, the Defendant should not be orde.?red to pay Plaintiffs attorney fees. 9. Plaintiff is in violation of the 30 September 2004 Bankruptcy Court Order Case No. 1-03- 00052. 10. Plainti(Trefused it reasonable attempt to resolve any mortgage payment deficiencies. i I . To the best of Defendant's knowledge, mortgage and bankruptcy payments are still being sent to the Mortgage Company and trustee Charles J. Dehart 111 as per the Court. Order. 12. L)cfcndant has asked and was denied a copy _ol' a payment history from the moment of inception to the present o('said mortgage, and to this date has still not received a copy of requested payment history of said mortgage. 13. Plainti(l'reliuses and has denied Defendant necessary documentation that reflects the amount of money paid to the principal of said mortgage. 14. Defendant believes that said mortgage evolved as a result of'predatory lending practices that may now be illegal. 15, Defendant raises no point of contention regarding Act 6 of 1974. 16. Defendant can not confirm or deny receipt of a Combined Notice mailed by regular or certified mail as required by 35 P.S. § 1680.403.c. 17. Defendant raises no point of contention regarding the Notice of homeowner's emergency Mortgage Assistance Program, Act 91 of 1983. Wherefore, Defendant respectfully prays that the Cumberland County Court of Common Pleas dismiss the Plaintifl's demand to foreclose the mortgage and sell the Defendant's property located at 325 North West Street. In addition, the Defendant respectfully request that the Cumberland County Court of common Pleas dismiss the Plaintif!'s demand to collect interest ITurn 12/01/02 at the rate of $14.38 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ol'the mortgaged property. Wherefore, Defendant respeciliully requests that the Cumberland County Court of Common Pleas order an independent audit be conducted of the Defendant's mortgage payments born the moment oi'inception until the present with the cost of said audit to be charged to the Mortgage Company. It is furthered requested that a copy of said audit be presentees to the Bankruptcy Court 2 1-005-08-19 10:35 LRO 717-787-6118 >> 21.5 568.7616 P 4/7 and the Cumberland County Court. of Common Pleas. Said audit is to include the landings from two Class Action Suits against. two mortgage companies (Fairbanks Capitol, and Equicrcdit) that purchased the loan over the pest years, Wherefore, the Defendant respectfully requests that the Cumberland County Court of Common Pleas grant relief so that the Defendant can make reasonable arrangements to resume mortgage payments. In addition, the Defendant request that the Cumberland County Court of Common Pleas order the said Mortgage Company to absorb all costs related to this proceeding and any other necessary relict. Respectfully Submitted, Curtis W. 'Thompson August 19, 20015 Dc cndant and Owner of property located at 325 North West St. Carlisle, PA 17013 Sworn and Subscribed To Before Me This 19th Day of August, 2005 otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARGARET A. WERES, Notary Public City of Harrisburg, Dauphin County My Commission Expires Dec. 23, 2007 !005-08-19 10:35 LRO 717-787-6118 ib 215 568.7616 P 5/7 IN THE UNTIED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CURTIS W. THOMPSON CASE NO. 1- 03-00052 CHAPTER 13 ORDER -40?T 0 4 . AT Harrisburg, in said District, this J(' day of Oij 2004; UPON consideration of the foregoing motion for wage attachment, and it appearing that it is the desire of the debtor and the trustee in bankruptcy to effect such a wage attachment, it is HEREBY ORDERED AND DECREED that a wage attachment be and hereby is issued against the wages of Curtis W. Thompson, at the rate of $124.16 Der biweekly pax Period ($269.00 per month), to be mailed directly to Charles J. Dellart, M Trustee in Bankruptcy, P. O. Box 410, Hummelstown, Pennsylvania 17036. Said Wage Attachment will be sent to the debtor's employer, Jodie Bowman, Personnel Supervisor, 131 Main Capitol Building, House Box 202020, Harrisburg, PA 17120-2020 and shall stay in place until the debtor's Chapter 13 Plan is completed, until the debtor is no longer employed with the Commonwealth of PA, or until Court orders said wage attachment be ceased. FILED RPA SEP 3 0 Clerk. U.S. Banktup court, BY THE COURT: .° MARY D. FRANCE y of Bankruptcy Judge o - too 1_005-08-19 10:35 0 LRO 717-787-6118 *21'5 568.7616 P 6/7 m4 IN THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CURTIS W. THOMPSON CASE NO. 1- 03-00052 CHAPTER 13 ORDER AT Harrisburg, in said District, this day of 2004; UPON consideration of the foregoing motion for wage attachment, and it appearing that it is the desire of the debtor and the trustee in bankruptcy to effect such a wage attachment, it is HEREBY ORDERED AND DECREED that a wage attachment be and hereby is issued against the wages of Curtis W. Thompson, at the rate of 5474.68 per bi-weekly pay period for the next five months of his plan, with all payments going directly to the mortgage company. At the end of 5 months, the debtor's wages are to be attached in the amount of $474.68 per month, or $219.09 ner bi-weekly nay period. Said Wage Attachment will be sent directly to the debtor's employer c/o Jodie Bowman, Personnel Supervisor, 131 Main Capitol Building House Box 202020, Harrisburg, PA 17120-2020, 0 4 and shall stay in place until the debtor's chapter 13 Plan is completed, until the debtor -4 no longer employed with the Commonwealth of PA, or until Court orders said wage Cn' attachment be ceased. FILED r AA? a uric' SEP Cleric, U.S. Bankrup,. Goir.? BY THE COURT: ?o MARY D. FRANCE Bankruptcy Judge '005-08-19 10:35 PERSONNEL DEPARTMENT OFFICE OF CHIEF CLERK Pause of ?eprtsentafivrs C:UMMONWEALTH OF PENNSYLVANIA HARRISBURCT October 21, 2004 Curtis W. Thompson 325 North West. St.rcct PO Box 457 Carlisle, PA 1701:3 Dear Mr. 'Thompson: ROOM 131 MAIN CAPITOL. BUILDING HARRISSURa PEMSrivANw 1 fuo-mo (717) 78.3-307 I have received two Orders of Attachment of Wages from the United States Bankruptcy Court (copies attached). The orders request a total deduction of $598.84 from your biweekly pay. Therefore, beginning with your paycheck dated November 9, 2004, the amount of $598.84 will be deducted from your biweekly paycheck and will continue until the end of March 2005. Beginning with your paycheck dated April 12, 2005, the amount. will be reduced to $343.25 until we receive further notification from the Court.. if you have any questions, please contact the Personnel Office at 783-3097. Sincerely, J is Bowman Personnel Supervisor Attachment: Court Order cc: Scott Brubaker, Director of Staffing and Administration Earl Mosley. Director of Personnel Alexis Brown, Comptroller Personnel File LRO 717-787-6118 >> 215 568.7616 P 7/7 (D o"HI W ON RECYCLED PPM Fairbanks Capital Corp. PO Box 1900 Hatboro PA 19040 Address Service Requested April 30, 2002 42 00013 FCB043002 CURTL4 THOMPSON PO BOX 457 CARLISLE PA 17013-0457 if II III Mill 111111111111111 111 RE: Loan No. 8530000465 FROM: Fairbanks Capital Corp. 42 00013 FCB043002 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOU HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"? YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with one of the consumer credit counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR IN THE NEXT (30) DP}YS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the country in which the property is located are set forth at the end of this notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this notice. (See following pages for specific information about the nature of your default) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one ofthe designated consumer credit counseling agencies listed at the end ofthis notice. Only consumer credit counseling agencies have applications from the Homeowner's Emergency Mortgage Assistance Program. They will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirement s set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) *853000046500013* 42 00013 FCB043002 HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date): NATURE OF THE DEFAULT- The Mortgage debt held by the above lender on your property located at: 325 N W ST CARLISLE PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: Total Payments Due: $9,493.60 Late Charges: $261.03 Recoverable Borrower Fees: $0.00 Escrow Advances: $1,030.00 Other Fees: $0.00 Less Amount Suspended: $0.00 Total Amount of Delinquency: $10,784.63 HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, AS NOTED ABOVE, TOGETHER WITH ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: The Loan Servicing Center Remittance Processing P.O. Box 79157 Phoenix AZ 85062 IF YOU DO NOT CURE THE DEFAULT - If you do NOT cure the default with in THIRTY (30) DAYS of the date of this notice, the lender intends to exercise its richts to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may not lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also 'attends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attomev' s fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid balance and all other sums due under the note foreclosure proceedings have begun, - If you have not cured the default within t he THIRTY (30) DAY period and the mort am . Curing your default in the matter set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months after the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: NAME OF LENDER: Fairbanks Capital Corp. ADDRESS: P.O. Box 65250 SALT LAKE CITY UT 84165-0250 PHONE NUMBER: 1-800-201-3438 FAX NUMBER: (801) 293-2600 CONTACT PERSON: Miranda Reed EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at this time. ASSUMPTION OF MORTGAGE -You may (with lender's written consent) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Fairbanks Capital Corp. PO Box 1900 Hatboro PA 19040 Address Service Requested April 30, 2002 43 000 13 FCB043002 CURTIS THOMPSON 325 N WEST ST CARLISLE PA 17013-1961 111111111111111 of I I 1111 11 1111 111 11111111 111 ll llllllrllllll llll RE: Loan No. 8530000465 FROM: Fairbanks Capital Corp. 43 CC013 FCB043002 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOU HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with one of the consumer credit counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR IN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the country in which the property is located are set forth at the end of this notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this notice. (See following pages for specific information about the nature of your default) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications from the Homeowner's Emergency Mortgage Assistance Program. They will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirement s set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) ??I !!I ICI N? Iii ? I?! ?4N IINII ICI IIII III *8530000465CC013* 43 000 13 FCB043002 HOW TO CURE YOUR MORTGAGE DEFAULT Brim= it uo to date): NATURE OF THE DEFAULT- The Mortgage debt held by the above lender on your property located at: 325 N W ST CARLISLE PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: Total Payments Due: $9,493.60 Late Charges: $261.03 Recoverable Borrower Fees: $0.00 Escrow Advances: $1,030.00 Other Fees: $0.00 Less Amount Suspended: $0.00 Total Amount of Delinquency: $10,784.63 HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days ofthe date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, AS NOTED ABOVE, TOGETHER WITH ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made Payable and sent to: The Loan Servicing Center Remittance Processing P.O. Box 79157 Phoenix AZ 85062 IF YOU DO NOT CURE THE DEFAULT - If you do NOT cure the default with in THIRTY (30) DAYS of the date of this notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may not lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose mmn your mortgaged nrouerty. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY Period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid balance and all other sums due under the note. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you may still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs sale. You may do so by Paving the total amount then Past due plus any late or other charges then due reasonable attorney's fees and cost connected wi th the foreclosure We and any other costs connected with the Sheriffs sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the matter set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale ofthe mortgaged property could be held would be approximately six (6) months after the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: NAME OF LENDER: Fairbanks Capital Corp. ADDRESS: P.O. Box 65250 SALT LAKE CITY UT 84165-0250 PHONE NUMBER: 1-800-201-3438 FAX NUMBER: (801) 293-2600 CONTACT PERSON: Miranda Reed EFFECT' OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at this time. ASSUMPTION OF MORTGAGE - You may (with lender's written consent) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements ofthe mortgage are satisfied. E?I?iBIT ?' NJ PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution(a-,fedphe.com Raymond J. Begley Supervisor - Foreclosure Resolution Dept. August 23, 2005 VIA E-MAIL Curtis Thompson cthompso(cDpahouse.net Re: Select Portfolio Servicing Inc. vs. Curtis Thompson 325 N. West Street, Carlisle, PA 97013 Acct#: 8530000465 To Whom It May Concern: Representing Lenders in Pennsylvania & New Jersey In accordance with your recent request, please find a reinstatement figure in the amount of $13,653.69, which is the amount needed to bring the above account current with Select Portfolio Servicing Inc. Funds must be received ON OR BEFORE September 16, 2005 to allow processing and mailing to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Only certified funds purchased from a bank or money orders. • All checks must be made payable to the mortgage company stated above, and forwarded to Phelan Hallinan & Schmieg, LLP. • Include account number on the check for proper identification. • It is possible that additional expenditures may be incurred, by either the mortgage company or this firm, in the interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution a,fedphe.com Raymond J. Begley Representing Lenders in Supervisor - Foreclosure Resolution Dept. Pennsylvania & New Jersey Reinstatement Figure NAME: THOMPSON, CURTIS ACCT. 8530000465 DATE: 8/23/05 Good Through 9/16/05 Total Payment Amount NSF Fees $9,018.92 $20.00 Late Charges Escrow Advance Suspense Outstanding Costs & Fees TOTAL $93.76 $2,638.32 -$803.80 $2,686.49 $13,653.691 PLEASE READ THE ATTACHED LETTER BEFORE in 2w PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolutionn fedphe.com PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENT! ***THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE COMPLETE TO THE BEST OF YOUR ABILITY*** Date: Name on Mortgage: Loan Number: Property Address: Mailing Address: (If different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! ***PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE errGUTcn*** 't .? , _ _ _ - f ? x t _ T ?, i. f ) 4 t N ?. ? ?, -. `' P ? - 'r - _ ? _ ? y _j ? r ?: ? .:. _L__ .5 -i. .. s ? ? ? Y'. _ - - - [ - s _ - Y: _ - L - ti - - _ > ?_ _ _ ? ..) .'. PHELAN ; . (s A i__. iv I N A i V.. __ 2r SC I--I I E G 1617 JFK Boulevard Suite 1400 19103-1814 Phone 215-320-5115 Fax: 215-563-4298 Email: phyllis.levin(a),fedphe.com Phyllis Levin Legal Assistant February 7, 2006 Via Regular and Certified Mail: 7660 3901 9849 0384 0820 Curtis W. Thompson 325 North West Street P.O. Box 457 Carlisle, PA 17013 Re: First National Association Trust vs. Curtis W. Thompson Cumberland County No. 02-5999 Dear Mr. Thompson: Representing Lenders in Pennsylvania and New Jersey rk t COPY erti'}ioi A , it Number SUZER S ?ECORD In reply to your letter dated January 21, 2005 as requested attached please find payment spread sheet showing all the payments that have been applied to your account and the current principal balance. Please review and advise within 10 days if you are willing to accept the offer our client presented in our letter of January 9, 2006. Please feel free to contact me if I can be of any further assistance in this matter. yours, /pl & Schmieg, LLP Curtis W. Thompson 325 North West Street P.O. Box 457 Carlisle, PA 17013 Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. 1617 JFK Boulevard Suite 1400 19103-1814 Phone 215-320-5115 Fax: 215-563-4298 Email: phyllis.levina?edphe.com Phyllis Levin Legal Assistant March 16, 2006 Curtis W. Thompson 325 North West Street P.O. Box 457 Carlisle, PA 17013 Re: First National Association Trust vs. Curtis W. Thompson Cumberland County No. 02-5999 Dear Mr. Thompson: Repre%mting Lender in Pennsylvania and New Jersey "/1'r , tv pt* I am in receipt of your letter dated March 12, 2006 wherein you requested the payment history of your account from inception. Enclosed please find copy of my letter dated February 7, 2006 as well as the payment history which I previously sent to you on that date. Please review, as I am sure it will give you all the information your in need of. Feel free to contact me if I can be of any further assistance in this matter. & Schmieg, LLP /pl Please be advised that this firm is a debt collector atterripting to collect a debt. Any infonnnation received will be used for that purpose. if you have received a discharge in bankruptcy, and this debt was not reatrrmred, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. EXHIBIT H USBC PAM - LIVE - VERSION 3.1.71, - Docket Report Page 1 of 6 CREDS, 34111eld, PlnCnfrmd, DISMISSED, PreACT U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:03-bk-00052-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date .Filed: 01/03/2003 Date Terminated: 09/09/2005 Date Dismissed: 09/09/2005 Debtor Curtis W Thompson 325 N WEST STREET PO BOX 457 CARLISLE, PA 17013 SSN: xxx-xx-7821 Trustee Charles J. DeHart, III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 Asst. U.S. Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717 221-4515 represented by Lawrence G Frank 2023 North Second Street Harrisburg, PA 17102 717 234-7455 Fax : 717 234-7470 Email: lawrencefrank@earthlink.net Filing Date # Docket Text 01/03/2003 1 VOLUNTARY PETITION under chapter 13, [DD], ORIGINAL NIBS DOCKET ENTRY #1 (Entered: 01/03/2003) 01/03/2003 2 NOTICE of intent to dismiss case unless missing documents are filed: due by 01/18/03 Re: Item # 1 [Rescheduled], [DD], ORIGINAL NIBS DOCKET ENTRY #2 (Entered: 01/03/2003) 01/15/2003 3 MOTION for extension of time to file Schedules Re: Item # 2, [CA], ORIGINAL NIBS DOCKET ENTRY #3 (Entered: 01/16/2003) 01/16/2003 4 ORDER extending time for filing Schedules: due by 02/03/03 Re: Item # 3 [Complied] [Entered: 01/16/03], [CA] This entry cancels the previous due date. Re: Item # 2, [CA], https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?1087071643931 I I-L-889-0-1 4/11/2008 USBC PAM - LIVE - VERSION 3.1.71, - Docket Report Page 2 of 6 ORIGINAL NIBS DOCKET ENTRY #4 (Entered: 01/16/2003) 01/31/2003 5 Schedules, Statements, Plan & Summary and all missing documents Re: Item # 4, [CA], ORIGINAL NIBS DOCKET ENTRY #5 (Entered: 02/03 /2 003 ) 01/31/2003 6 Ch. 13 Plan Re: Item # 5, [CA], ORIGINAL NIBS DOCKET ENTRY #6 (Entered: 02/03/2003) 02/10/2003 7 CERTIFICATE of Mailing of Notice of 341 Meeting. Objections to the plan are due 15 days after meeting held. , [AUT], ORIGINAL NIBS DOCKET ENTRY #7 (Entered: 02/10/2003) 03/03/2003 8 OBJECTION to plan by First Bank National Association Trust U/A Dated 03/01/97 [EQCC Home Equity Loan Trust 1997-1] Re: Item # 6 [Disposed], [KZ], ORIGINAL NIBS DOCKET ENTRY #8 (Entered: 03/03/2003) 03/07/2003 9 CORRESPONDENCE SETTING HEARING on 04/08/03 at 09:00 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 8 [Rescheduled], [KZ], ORIGINAL NIBS DOCKET ENTRY #9 (Entered: 03/07/2003) 03/12/2003 10 Amendment to Schedule[s]: F. Fee paid. Receipt #592813, $20.00. Re: Item # 5, [CA], ORIGINAL NIBS DOCKET ENTRY #10 (Entered : 03/12/2003) 03/14/2003 11 341 meeting held., [CA], ORIGINAL NIBS DOCKET ENTRY #11 (Entered: 03/14/2003) 03/21/2003 12 CORRESPONDENCE from debtors' counsel requesting the hearing set for April 8, 2003 at 9:00 a.m. to be rescheduled. Re: Item # 9, [DR], ORIGINAL NIBS DOCKET ENTRY #12 (Entered: 03/21/2003) 03/27/2003 13 CORRESPONDENCE RESCHEDULING HEARING [JUDGE FRANCE] on 04/28/03 at 10:00 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 9, [KZ], ORIGINAL NIBS DOCKET ENTRY #13 (Entered: 03/27/2003) 04/10/2003 14 TRANSFER [ASSIGNMENT] of claim #3 of Bony Elt Student Loan Consol Ctr [Great Lakes Educational Loan Services, Inc.] in the amount of $56,354.92 to Educational Credit Management Corporation [ECMC] with Waiver of Service, [KZ], ORIGINAL NIBS DOCKET ENTRY #14 (Entered: 04/10/2003) https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl? 108707164393111-L_889_0-1 4/11/2008 USBC PAM - LIVE - VERSION 3.1.71, - Docket Report Page 3 of 6 04/28/2003 15 PROCEEDING MEMO re hearing held. Arrears to First Bank National Association Trust to be paid through the Plan. Objection stipulated to on the record. Re: Item # 8 [Entered: 04/28/03], [EW] This entry disposes of motion. Re: Item # 8, [KZ], ORIGINAL NIBS DOCKET ENTRY #15 (Entered: 04/28/2003) 05/07/2003 16 Order Confirming Chapter 13 Plan (RE: related document(s)6 ). (Zimmerman, Karen) (Entered: 05/07/2003) 09/26/2003 17 Stipulation by debtor and Ch. 13 trustee re: increasing chapter 13 plan payments Filed by Charles J. Dehart III. (KZ) (Entered: 09/26/2003) 09/30/2003 18 Order approving Stipulation (RE: related document(s)[ 17] ). (KZ) (Entered: 09/30/2003) 07/13/2004 19 Motion for Relief from Stay. Filing fee due in the amount of $ 150.00 Filed by Judith Romano of Federman & Phelan on behalf of First Bank National Association Trust. (KZ) (Entered: 07/14/2004) 07/14/2004 Receipt of Motion for Relief from Stay Filing Fee. Receipt Number 610951 Fee Amount $ 150 (RE: related document(s)[19] ). (KZ) (Entered: 07/14/2004) 07/14/2004 20 Order (RE: related document(s)[19] ). Answers are due on: 7/29/2004. Hearing scheduled for 8/4/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (KZ) (Entered: 07/14/2004) 07/20/2004 21 Answer to Motion for Relief from Automatic Stay Filed by Lawrence G. Frank on behalf of Curtis W Thompson (RE: related document(s) [19] ). (NP) (Entered: 07/21/2004) 07/21/2004 22 Certificate of Service Filed by Judith Romano of Federman & Phelan on behalf of First Bank National Association Trust (RE: related document(s)[ 19], 20 ). (KZ) (Entered: 07/21/2004) 08/04/2004 23 Proceeding Memo re Hearing held. Continued at request of movant. Movant to notify opposing counsel in writing and copy the court.(RE: related document(s)[ 191, 20 ). Hearing rescheduled for 9/8/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (JG) (Entered: 08/04/2004) 08/05/2004 24 Correspondence filed by Judith Romano of Federman & Phelan on behalf of First Bank NA Trust confirming rescheduled hearing date on September 8, 2004 at 9:00 a.m. (RE: related document(s)23 ). (JG) (Entered: 08/06/2004) https:Hecf.pamb.uscourts. gov/cgi-bin/DktRpt.pl? 108707164393111-L_889_0-1 4/11/2008 USBC PAM - LIVE - VERSION 3.1.7L - Docket Report Page 4 of 6 08/10/2004 25 Motion to Dismiss Case for material default and hearing notice to parties. Filed by Trustee. Hearing scheduled for 9/9/2004 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (dehart, III(ds), Charles) (Entered: 08/10/2004) 09/08/2004 26 Proceeding Memo re: hearing held on Motion of First Bank National Trust for relief from stay. Settled - Stipulation be filed within 30 days, order to be entered; (RE: related document(s)[ 19], [21 ] ). Stipulation due 10/8/2004. (EW) (Entered: 09/09/2004) 09/21/2004 27 Stipulation by debtor and Ch. 13 trustee Filed by Trustee (RE: related document(s)25 ). (Attachments: # 1_ Proposed Order)(dehart,111(ds), Charles) (Entered: 09/21/2004) 09/22/2004 28 Order approving Stipulation (RE: related document(s)27 ). (Attachments: # 1 Certificate of Service) (CA) (Entered: 09/22/2004) 09/29/2004 29 Motion for Wage Attachment Order Filed by Lawrence G. Frank on behalf of Curtis W Thompson. (RCP) Modified Filed Date changed from 9130104. on 9/30/2004 (DP). (Entered: 09/30/2004) 09/29/2004 31 Motion to pay secured creditor Flagastar Bank, FSB Filed by Lawrence G. Frank on behalf of Curtis W Thompson. (RCP) (Entered: 09/30/2004) 09/30/2004 30 Order Granting Motion for Wage Attachment Order (RE: related document(s)[29] ). (RCP) Additional attachment(s) added on 9/30/2004 (DP). (Entered: 09/30/2004) 09/30/2004 32 Order Granting Motion to pay secured creditor (RE: related document (s)[31] ). (Attachments: # 1 Certificate of Service) (RCP) (Entered: 09/30/2004) 09/30/2004 33 Corrective Entry: previous attachment omitted/incorrect/incomplete (RE: related document(s)30 ). (RCP) (Entered: 09/30/2004) 10/07/2004 34 Stipulation in Settlement between Curtis W. Thompson and Lawrence G. Frank, Esquire Filed by Jay B Jones of Federman and Phelan LLP on behalf of First Bank National Association Trust (RE: related document(s)[19] ). (Attachments: # 1 Proposed Order) (Jones, Jay) (Entered: 10/07/2004) 10/08/2004 35 Order approving Stipulation (RE: related document(s)26, 34 ). (Attachments: # 1 Certificate of Service) (CA) (Entered: 10/08/2004) 03/30/2005 36 Motion to Withdraw as Attorney Filed by Lawrence G Frank on https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?108707164393111-L 889 0-1 4/11/2008 USBG PAM - LIVE - VERSION 3.1.7L - Docket Report Page 5 of 6 behalf of Curtis W Thompson. (Attachments: # 1 Proposed Order) (Frank, Lawrence) (Entered: 03/30/2005) 03/31/2005 37 Notice to Parties: (RE: related document(s)36 ). Hearing scheduled for 4/18/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (Attachments: # 1 Certificate of Service) (CA) (Entered: 03/31/2005) 04/18/2005 38 Proceeding Memo re hearing held on Motion of Lawrence G. Frank to withdraw as counsel for the Debtor. Motion granted, order to be signed. (RE: related document(s)36, 37). (EW) (Entered: 04/18/2005) 04/18/2005 39 Order Granting Motion To Withdraw As Attorney (RE: related document(s)36 ). (Attachments: #1 Certificate of Service) (CA) (Entered: 04/19/2005) 06/23/2005 40 Certificate of Default of the Stipulation in Settlement Filed by Jay B Jones of Phelan Hallinan & Schmieg, LLP on behalf of First Bank National Association Trust (RE: related document(s)34 ). (Attachments: # 1 Exhibit, Default Letterff 2 Exhibit, Stipulation# 3 Proposed Order # 4 Certificate of Service) (Jones, Jay) (Entered: 06/23/2005) 07/06/2005 41 Order re: Certificate of Default and Granting Relief from Stay (RE: related document(s)35, 40, 34 ). (Attachments: # 1 Certificate of Service) (CA) (Entered: 07/06/2005) 09/08/2005 42 Motion to withdraw Chapter 13 Proceeding Filed by Lawrence G Frank on behalf of Curtis W Thompson (RE: related document(s)1 ). (Attachments: # 1 Proposed Order) (Frank, Lawrence) (Entered: 09/08/2005) 09/09/2005 43 Order Dismissing Case (RE: related document(s)42 ). (CA) (Entered: 09/09/2005) 09/11/2005 44 BNC Certificate of Mailing. (RE: related document(s)43 ). Service Date 09/11/2005. (Admin.) (Entered: 09/12/2005) 11/29/2005 45 Final Report Final Report Filed by Trustee. (dehart, III(ck), Charles) (Entered: 11/29/2005) PACER Service Center https:Hecfpamb.uscourts.gov/cgi-bin/DktRpt.pl?l 08707164393111-L-889-0-1 4/11/2008 USBC •P'AM - LIVE - VERSION 3.1.7L - Docket Report Transaction Receipt 04/11/2008 14:38:43 P CER Client A fp0039 Login: Code: 1:03-bk-00052-MDF Fil or Ent: Docket Search filed Doc From: 0 Doc To: Description: Report Criteria: 99999999 Tenn: included Format: HTML Billable P : Cost: 0.24 ages Page 6 of 6 https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?108707164393111-L 889 0-1 4/11/2008 EXHIBIT I .0 4, IN THE UNITEM STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RIi: CURTIS W. THOMPSON CASE NO. 1- 03-00052 CHAPTER 13 ORDER AT Harrisburg, in said District, this `-? day of 44all 2004; UPON consideration of the foregoing motion for wage attachment, and it appearing that it is the desire of the debtor and the trustee in bankruptcy to effect such a wage attachment, it is HEREBY ORDERED AND DECREED that a wage attachment be and hereby is issued against the wages of Curtis W. Thompson, at the rate of 5474.68 per bi-weekly pay period for the next five months of his plan, with all payments going directly to the mortgage company. At the end of 5 months, the debtor's wages are to be attached in the amount of-S474.68 per month , or $219.09 oer bi-weekly nay period . Said Wage Attachment will be sent directly to the debtor's employer c/o Jodie Bowman, Personnel Supervisor, 131 Main Capitol Building House Box 202020, Harrisburg, PA 17120-20201 0 and shall stay in place until the debtor's Chapter 13 Plan is completed, until "the debtor no longer employed with the Commonwealth of PA, or until Court orders said wage o, attachment be ceased. c? BY THE COURT: w ON WRYaF MARY D. FRANCE Bankruptcy Judge _ FILED FA SEr Clerk, 13.5. Ba?alo?r,Go??:: 4?. UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Curtis W. Thompson BANKRUPTCY NO. 103-bk-00052 Debtor First Bank National Association Trust U/A Dated March 1, 1997 (EQCC Home Equity Loan Trust 1997-1) Movant CHAPTER 13 V. Curtis W. Thompson a/k/a Curtis Thompson Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of First Bank National Association Trust U/A Dated March 1, 1997 (EQCC Home Equity Loan Trust 1997-1) (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 325 North West Street, Carlisle, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. By the COUrt, (Ji) This electronic order as signed and filed on the same date. Dated: July 6, 2005 EXHIBIT K CURTIS W. THOMPSON 325 North West Street P.O. Box 457 Carlisle, PA 17013 (717)787-9516 August 30, 2005 Kevin C. Mole One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Re: Debtor Curtis W. Thompson a/k/a Curtis Thompson/ Bankruptcy No. 1-03-00052 MDE Dear Kevin Mole: This communication acknowledges receipt of your notice dated August 9, 2005. I appreciate you alerting me to this concern. In an effort to remedy this circumstance, please take into consideration the following recommendations. As of June 6, 2005, your records reflect a delinquency on my account for $557.10. I am prepared to make that payment within ten (10) days of the date of this letter. In addition, I understand that the Court Order signed by Bankruptcy Judge Mary France authorizing a monthly payment of $219.09 did not cover the full amount of the monthly mortgage payment. I am prepared to accept a court order that stipulates I send the full monthly mortgage payment of $474.68 plus 237.34 until all fees, costs, and penalties are satisfied. I would expect this payment to commence no later than October 11, 2005. In addition, please consider a loan modification. I recommend adding the delinquency arrears to the mortgage amount, increasing the monthly mortgage amount to $500, and reducing the interest rate. With that said, I sincerely regret the delinquency this matter created for Select Portfolio Servicing, Inc. It was my understanding that the September 30, 2005 Bankruptcy Court Order would satisfy all delinquency concerns related to my account. This matter was an oversight on my part that I take full responsibility. Please know that I want this remedy to resolve your immediate concern. Once this issue is resolved, I can focus getting my current bankruptcy satisfied and discharged in the near future. I know this matter creates an accounting problem, and I pray for your understanding and cooperation in resolving this financial dilemma. Therefore, it is my hope that you will consider this remedy before taking steps to foreclose on my property. Thank you for your attention to this concern. I expect to receive a communication from you soon. Sincerely, j . Curtis W. Thompson EXHIBIT L z of O? ?N Y? O ao 2` N N mo?g? €? ? M1 W L E o via ??n - - -- -- -- -- - -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - - 3r _t Hl 11 »» » »" » »» a» »a »» 'I ?» F _: 9 M E M O 11 12? gN AM "a » 8 ?n w 9v » aF ? " F R ;; w all El ' „a a „ a a s a ? a - - SR I 1 ; 92 B - - - - - - - - - - - - - - 3 a - - - - - - - - - - - - - - - - - - - - - - d° I M » »» » »» »» » » I 'a 'l »» » »» »» »» »» »» »» »» '» » » »» » »» »» »» »» &» »» »» »' »» »» »» »» »' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i I< S » » »» »» » »' ?» »» »» »» »» »» »» »» - »» » 1 »" »» »» »' »» »» »» »» »» »» »» »» »» »» »» »' t i I I I [ V « F F K,' FR , F,' F? F ? .,F +F F F ..F F F .{ a . .. 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R 8 8 s a s x A s IE EE MI R M E R O O M x 1 1 1 H ] -- - -- - -- -- -- -- -- -- - . I l A A 1 9 A A -E e Q E S U i S g?j 3 S 3 x ? x ? ? ? z ?i ?? s s a ? a q 3 ? s « S E' S S x S i i i x ?S S s 8 ? ? : ; -?s ? 8 s ? $ Sa a s a z? aa a a « g a a Z v of Yf 2 ? N O J ?_ ab sca°? v9i ? ? 3 n F EXHIBIT M I a UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT PENNSYLVANIA IN THE MATTER OF: P 4 PAGE 1 CHAPTER 13 CASE NO. 10300052 CURTIS W THOMPSON ) DATE FILED: 01/03/2002 DATE CONFIRMED: 05/07/2003 PO BOX 457 ) DATE CONCLUDED: 11/21/2005 CARLISLE, PA 17013 DEBTOR (S) ) ----------------------------------------------- CHAPTER 13 STANDING TRUSTEE'S FINAL REPORT DISMISSED AFTER CONFIRMATION Pursuant to 11 U.S.C. Section 1302(b)(1) and Rule 2015(2), the Trustee has maintained detailed reports of receipts and disbursements which are as follows ----------------------------------------- -------------------------------------- Amount Paid Claim Creditor's Name Allowed to Date Balance Due ----------------------------------------- -------------------------------------- PRIORITY 000 LAWRENCE G. FRANK, ESQUIRE 0.00 0.00 ------------- 0.00 UNSECURED 201 AMERICREDIT FINANCIAL SERVICES 11,057.18 0.00 202 ECMC 56,354.92 0.00 203 THERESA BARRETT MALE, ESQUIRE 3,028.68 0.00 ------------- 0.00 REFUND TO DEBTOR 999 " CURTIS THOMPSON 0.00 0.00 DEBTOR ATTORNEY 001 PRO SE SECURED ARREARAGES 101 FAIRBANKS CAPITAL CORPORATION 0.00 0.00 0.00 ------------- 0.00 14,847.47 6,983.13 ------------- 6,983.13 0.00 11,057.18 56,354.92 3,028.68 0.00 0.00 7,864.34 -------------------------------------------------------------------------------- TOTAL RECEIPTS DISBURSED TRUSTEE FEES CASH ON HAND 7,269.84 6,983.13 286.71 0.00 ----------------------------------------------- i UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT PENNSYLVANIA IN THE MATTER OF: PAGE 2 CHAPTER 13 CASE NO. 10300052 CURTIS W THOMPSON ) DATE FILED: 01/03/2002 DATE CONFIRMED: 05/07/2003 PO BOX 457 ) DATE CONCLUDED: 11/21/2005 CARLISLE, PA 17013 DEBTOR (S) ) ----------------------------------------------- CHAPTER 13 STANDING TRUSTEE'S FINAL REPORT DISMISSED AFTER CONFIRMATION WHEREFORE, the Trustee prays that a Final Decree be entered discharging him/her as Trustee and releasing the Trustee and the Trustee's surety from any and all liability on account of the within proceedings, and closing the estate, and for such other relief as is just. Pursuant to FRBP 5009, I certify the case has been fully administered. /s/ CHARLES J. DEHART, III P.O. BOX 410 HUMMELSTOWN, PA 17036 PRINTED 11/21/05 EXHIBIT N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 215-563-7000 Fax: 215-563-4491 Email: maureen.bemer(a,fedphe.com Maureen Berner Representing Lenders in Litigation Department, Ext. 1395 Pennsylvania and New Jersey September 19, 2005 Via Regular and Certified Mail: 7160 3901 9 8 66815 85 Curtis W. Thompson Mr 3 25 North West Street '© `? 6[a8y 385 P.O. Box 457 Carlisle, PA 17013 Re: First National Association Trust vs. Curtis W. Thompson Cumberland County, No.02-5999 Dear Mr. Thompson: Plaintiff is in receipt of your letter requesting loan modification. Please be advised that we are currently awaiting the loan history in order to review your payment dispute. In order to review for a settlement possibility, Plaintiff needs further information. Accordingly, please complete the attached workout documentation providing the requested information and return the documents to my attention on or before October 3, 2005. Please be advised if these documents are not received on or before said date, Plaintiff will proceed with foreclosure. If you have any questions or concerns regarding the same, please feel free to contact me. Thank you. Maureen Berner for Phelan Hallinan & Schmieg, LLP Sheetal R. Shah-Jani, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 0/01 Date '?r - ka?? Sheetal R. Shah-Jani, s ire Attorney for Plaintiff ??" ? ?: -_ ?, ?t S Court of Common Pleas Civil Division No. 02-5999 Civil Term Cum e?rland County Attention: Cumberland County Prothonotary Office, Janie First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff Curtis W. Thompson 325 North West St. Carlisle, PA 17013 Defendant CIVIL ACTION - LAW AMENDED COUNTER-COMPLAINT WITH NEW MATTER TO CIVIL COMPLAINT IN MORTGAGE FORECLOSURE Court of Common Pleas Civil Division Cumberland County No. 02-5999 First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff VS. Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Defendant RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Defendant respectfully requests that the Court enter an Order dismissing a grant for summary judgment in favor of the Plaintiff in the above-captioned matter and in support thereof avers as follows: There are major material issues of fact in dispute regarding the loan processed for defendant. As a matter of fact the purported mortgage and note and the actions taken by Plaintiff contain unfair trade practices and predatory lending practices as outlined in two class action suits against mortgage companies (Equi-Credit Corporation and Fairbanks Capitol) that held title to a mortgage lien for property located at 325 North West Street Carlisle, PA that resulted in settlements against the mortgage companies. (Samuel v. Equi-Credit Corporation C.A. No. 00-6196 (E.D. Pa). And Curry v. Fairbanks Capital Corporation, No. 03-12219 (D. Mass. 2003), (Case No. 03-10895-dpw United States District Court of Massachusetts). Both loan companies were charged by the Federal Trade Commission for unfair and predatory lending practices which resulted in a $40 million class action suit of which Defendant was a party. 2. Defendant is unaware of any legal action seeking a rem judgment in this mortgage foreclosure action. 3. Defendant disagrees that an admission to all allegations related to the Complaint by Plaintiff. Defendant only agrees that a loan was entered into only to discover later that the loan process was unfair, deceitful, and predatory. 4. Defendant admits that mortgage loan was a result of predatory lending practices outlined in Samuel v. Equi-Credit Corporation and Curry v. Fairbanks Capital Corporation. 5. Defendant was unaware of predatory lending practices in processing loan agreement and is unaware of any loan agreed to with First Bank National Association Trust. To the best of Defendant's knowledge this bank does not exist. Attempts to contact bank were unsuccessful and all communications were forwarded to Fairbanks Capitol Corporation in Salt Lake City Utah. 6. Defendant makes no contention regarding the Assignment of Mortgage Book No. 563, page 764. 7. Defendant disagrees with Plaintiff's affidavit reflecting figures and amounts due and owing to Plaintiff. 8. Defendant makes no contention regarding Act 6 of 1974 at this time and further contests the legality of processed loan 9. Defendant was eligible for Act 91 of 1983 when the loan was considered in default. Plaintiff never provided Defendant an opportunity to remedy alleged default. 10. Defendant disagrees with reinstatement quote on August 23, 2005 but payment history was not an accurate and true representation of loan payments made by Defendant. 11. Defendant disagrees that a copy of loan history was true and accurate. Loan history does not reflect payment made by the Pennsylvania Housing Finance Agency in the amount $4013.13, bankruptcy payments to Fairbanks Capital $6983.13, PA House of Representatives payments $4161.00 and Select Portfolio Servicing payments $20061.00. 12. Defendant agrees that Chapter 13 bankruptcy in the Middle District of Pennsylvania was filed docket number 1-03-00052. 13. Defendant agrees that a court order was issued to garnish Defendant's wages. 2 Garnished payments were not sent in payment to alleged loan. 14. Plaintiff alleges that Defendant dismissed and disregarded mortgage payment arrangement ordered by the Honorable Mary D France. 15. Defendant ignored and violated payment terms set forth by the Bankruptcy Court and accepts responsibility for error. Defendant alleges that Plaintiff accepted the payment arrangements set forth in the Bankruptcy proceeding and should be held accountable. 16. Defendant disagrees that Bankruptcy payments were properly accredited to Plaintiffs loan history. 17. Defendant disagrees that Plaintiff is rightfully entitled to move forward with its Motion for Summary Judgment. 18. Defendant has no knowledge of a discussion regarding the terms offered as a remedy to this delinquent mortgage. Exhibit B 19. Defendant offered to resolved loan delinquency as detailed in Exhibit B. 20. Defendant has presented overwhelming evidence that this loan was a result of a predatory lending scheme which contradicts the averments of Plaintiff's Complaint. 21. Defendant prays that the Honorable Court will deny request attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriff's sale, and ensuring the conveyance of clear title is reasonable. 22. As of October 10/21/05, Plaintiff is no longer accepting communications at their address. Plaintiff is in fact referring all communications to Fairbanks Capital Corporation. It should be noted that Fairbanks Capital is doing business as Select Portfolio Servicing. 23. Defendant has no knowledge of Plaintiff's whereabouts. Exhibit A 24. Defendant has no knowledge of Plaintiff's address. 25. Defendant alleges that Plaintiff is not an active National Bank as of August 31, 2005. 26. Defendant was not sent an "Act 91" notice giving the borrower 30 days to meet the lender or a consumer credit agency listed in the notice. 27. Defendant alleges that Fairbanks Capital Corporation uses unfair, deceptive, and illegal banking practices by mis-servicing residential mortgages that it owns or services for another entity. 28. Defendant alleges that Fairbanks Capital Corporation routinely seeks to collect and does collect "late charges," "inspection fees", "recoverable borrower fees," "corporate legal cost advances," unnecessary hazard insurances premiums and other fees and charges that are not legally due under the contract in Pennsylvania law concerning collection of fees, costs and charges. The fees, costs and charges are demanded and collected in the context of reinstatement agreements and in other contents, such as reinstatement demands, foreclosure and loan payoffs. 29. Defendant alleges that Fairbanks Capital Corporation victimizes Pennsylvania residential mortgagors with its practice of force placing hazard insurance covering properties, securing loans owned or serviced by Fairbanks Capital and charging its consumer customers unnecessary and excessive insurance premiums. The improper charging of insurance often results in placing the consumers in default of the terms of their mortgages, resulting in further improper and unauthorized fees and charges to their escrow accounts, which are controlled by Fairbanks Capital Corporation. 30. Defendant alleges that Fairbanks Capital Corporation charging of and collecting such fees, costs, and charges are prohibited by the uniform mortgage loan documents that govern the transactions between Fairbanks Capital Corporation and its consumer customers as well as the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. section 2270.1 et seq ("FCEUA"), constituting unfair and deceptive acts and practices under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. section 201-1 et seq. ("CPL"). These laws prohibit creditors and debt collectors from engaging in abusive, deceptive and unfair collection practices. 31. Defendant alleges that Fairbanks Capital Corporation paid $40 million settlement to resolve their widespread loan servicing abuses to consumers whose loans were serviced by Fairbanks Capital Corporation between January 1, 1999 and December 10, 2003. Plaintiff refuses to provide a payment history from Equi-Credit, to Fairbanks Capital Corporation, to Select Portfolio Servicing. 32. Defendant alleges and has reason to believe that Equi-Credit it doing business as First Bank National Association Trust, 338 South Warminister Road, Hatboro, PA 19040. 33. Defendant alleges that Select Portfolio Servicing Inc. has not complied with all of the requirements of the Fairbanks Capital Corporation and Federal Trade Commission Consent Order in November 2003. 34. Defendant alleges that Plaintiff s loan was equity based and not the Defendant's income 4 or ability to pay. 35. Defendant alleges that high attorney's fees and points were financed in the loan by Equi- Credit Corporation, and Fairbanks Capital Corporation that resulted in class actin suits against both. 36. Defendant alleges that Plaintiff violated the Federal Truth in Lending Act (TILA) by not disclosing that the mortgage broker fee was not disclosed as a finance charge. Failure to disclose the broker fee was a TILA violation, and the defendant has a right to rescind the mortgage even though the plaintiff was the assignee and not the original lender. 37. Defendant alleges that mortgage was not 24 months in arrears. Therefore, it was necessary for the Plaintiff to send an "Act 91 " notice which would give the Defendant 30 days to meet the lender or a consumer credit agency listed in the notice. 38. Defendant alleges that Select Portfolio Servicing has entered into an agreement to refund hundreds of thousands of dollars to homeowners due to predatory servicing practices. 39. Defendant alleges that the Federal Trade Commission charged Fairbanks Capital Corporation with defrauding 280 thousand homeowners. Fairbanks Capital paid out a settlement of $40 million and changed its name to Select Portfolio Servicing. 40. Defendant alleges that Plaintiff is charging over inflated lawyers fees to push the amount owed so high that it will make it hard or impossible for Defendant to confirmation in a Chapter 13 Bankruptcy. 41. Defendant has referred this matter to the Federal Trade Commission, Consumer Response Center, 600 Pennsylvania Avenue N.W., Washington, D.C. 20580. Case Number 595293. 42. Defendant contests amount owed to Plaintiff is inaccurate. Exhibit C 43. Defendant contends that the Pennsylvania Housing Finance Agency paid amount covering mortgage arrears that are not reflected in defendants accounting history. 44. Defendant offered payment arrangement that was not given an answer. Exhibit B Wherefore, Defendant respectfully requests that the Honorable Court dismiss Plaintiff's request for rem judgment in its favor for the amount due plus interest and costs as prayed for Plaintiff s Affidavit in support of the Motion for Summary Judgment. In addition, Defendant respectfully prays that the Cumberland County Court of Common Pleas grant the following relief: 1. Motion to grant Defendant more time to retain the services of an attorney to review the original loan documents and address all predatory lending allegations and discrepancies that were revealed in the Equi-Credit Corporation, and Fairbansk class action suits. 2. The dismissal of First Bank National Association Trust, 338 Warminister Road, Hatboro, PA 19040 as a defendant in this matter. 3. Resolution remedy to include dismissal, rescission, or renegotiation of the entire mortgage and note. 4. Costs of litigation for the Plaintiff s attorneys. 5. Relief for breach of contract, unjust enrichment, breach fiduciary duty. 6. Court ordered independent accounting of Defendants escrow and mortgage accounts controlled by Equi-Credit, Fairbanks Capital, and Select Portfolio Servicing. 7. Any other relief the court deems just and proper. Respectfully Submitted, Curtis W. Thompson WAZ 0100 _ C"? ' Date Defen ant and Owner of property located At 325 North West St. Carlisle, PA 17013 6 VINV IASN V3d AMOO ( M)o 9z "8 W 9- NF fI a1Jt14 CIVIL ACTION - LAW AMENDED COUNTER-COMPLAINT WITH NEW MATTER TO CIVIL COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is: First Bank National Association Trust U/A Dated 03/01/97(EQCC Home Equity Loan Trust 1997-1) 338 South Warminister Road Hatboro, PA 19040 Defendant is: Curtis W. Thompson 325 North West Street Carlisle, PA 17013 AND NOW, comes Curtis W. Thompson (hereinafter referred to as "Defendant"), respectfully makes the following complaint regarding the Plaintiffs attempt to foreclose on Defendant's property located at 325 N. West St., Carlisle, PA 17013. Plaintiff filed a complaint in the Cumberland County Court of Common Pleas (No 02-5999) in July 2005. Defendant filed a response to that complaint on August 18, 2005 in the Cumberland County Court of Common Pleas. Defendant alleges the following: 1. Plaintiff is: First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Wanminister Road Hatboro, PA 19040 2. Defendant is: Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Who is the mortgagor and real owner of the property hereinafter described. 3. This is an action for rescission of an illegal and void Mortgage and Note to real estate located at 325 N. West St., Carlisle, PA 17013. The purported mortgage and note and the actions taken by Plaintiff contain unfair trade practices and predatory lending practices as outlined two class action suits against mortgage companies (Equi-Credit Corporation and Fairbanks Capitol) that held title to a mortgage lien for property located at 325 N. West St. Carlisle, PA that resulted in settlements against the mortgage companies. (Samuel v. Equi-Credit Corporation C.A. No. 00-6196 (E.D. Pa). and Curry v. Fairbanks Capital Corporation, No. 03- 12219 (D. Mass. 2003), (Case No. 03-10895-dpw United States District Court of Massachusetts) 4. Plaintiff purports to execute a Mortgage and Note, loan number 8530000465. The said purported mortgage and note were never consummated by signing therein. Plaintiff never gave the defendant a signed copy of the purported mortgage and note. 5. Plaintiff failed and/or refuses to provide defendant with copies of important documents, including the complete mortgage and note, which would explain his Consumer rights, as well as other rights, including but not limited to, the right to cancel the contract and the Federal Truth in Lending Disclosures, and payment Histories from Equi-Credit, and Fairbanks Capitol Mortgage companies. 6. Plaintiff also intentionally failed and/or refused to provide Defendant various Disclosures that would indicate to defendant that the mortgage contracts with Equi-Credit Corporation and Fairbanks Capitol Corporation was void and illegal. 7. Plaintiff s attorney and/or collections officer did not furnish defendant with copies of numerous important settlement documents, or loan history. Especially, those from Equi-Credit, and Fairbanks Capitol. 10. Plaintiff caused to be filed into the records of the Court of Common Pleas, Carlisle, Pennsylvania, a foreclosure with no documents purported to be the mortgage or note purported to be executed by the Defendant. 11. Defendant needs loan documentation that shows money paid on the principal through bankruptcy proceeds and mortgage loan payments. 12. To the best of defendants knowledge, Defendant did not agree to an "interest" only loan. 13. Defendant has no documentation that this loan exists. 14. Defendant has no documents that shows how this loan evolved from American Mortgage Reduction Camp Hill, PA, to Equi-Credit Corporation Jacksonville FL, to Fairbanks Capitol Salt Lake City Ut, to First Bank National Association Trust, Hatboro, PA. 2 15. Defendant believes that the mortgage amount owed to the Plaintiff is inaccurate due to allegations presented by the Federal Trade Commission, and predatory mortgage lending practices of a non-bank home equity lender. 16. Plaintiff accepted money towards a mortgage payment during the month of August 16, 2005 for approximately $368.00. 17. Plaintiff failed to disclose in or with the disclosure statements, because no disclosure statements were given, the amount of the balance to which the mortgage rate was applied and an explanation of how that balance was determined and further failed to disclose the fact that the balance is determined without first deducting all credits and payments made and payments as required by Title 12 Code of Federal Regulations, Section 226.4 et seq. 18. Defendant believes that the mortgage principal balance remaining does not reflect mortgage payments on the principal from the moment of inception to the present. 19. Plaintiff did not specify in their original foreclosure complaint the date of the mortgage, the parties thereto, and the time and place of recording. 20. Plaintiff fails to acknowledge that the Defendant's mortgage loan was in an active bankruptcy when Plaintiff filed a foreclosure complaint. 21. To the best of Defendant's knowledge, bankruptcy payments are still being made to Plaintiff. 22. Plaintiff has not provided the Defendant with an itemized bill for lawyer's fees charged to the Defendant. 23. Plaintiff continues to misrepresent the amount of money owed by Defendant and has provided no information to the Defendant that supports their claim. 24. Plaintiff continues to demonstrate predatory lending practices by inflating lawyer's fees and the amount of mortgage still outstanding 25. Plaintiff mortgage payments do not reflect a $5,000 mortgage payment paid by the Pennsylvania Housing Finance Agency. 26. The Defendant alleges that the Federal Trade Commission charged Fairbanks Capital Corporation with defrauding 280 thousand homeowners. Fairbanks Capital paid out a settlement of $40 million and changed its name to Select Portfolio Servicing. 3 26. Defendant alleges that Fairbanks Capitol, who settled a class action suit for predatory lending, is now doing business as Select Portfolio Servicing. 27. Select Portfolio Servicing has entered into an agreement to refund hundreds of thousands of dollars to homeowners due to predatory servicing practices. 28. Plaintiff violated the federal Truth in Lending Act (TILA) by not disclosing That the mortgage broker fee was not disclosed as a finance charge. Failure to disclose the broker fee was a TILA violation, and the defendant has a right to rescind the mortgage even though the plaintiff was the assignee And not the original lender. 29. Defendant's loan was not 24 months in arrears. Therefore, it was necessary for the Plaintiff to send an "Act 91" notice which would give the Defendant 30 days to meet the lender or a consumer credit agency listed on the notice. Wherefore, Defendant respectfully prays that the Cumberland County Court of Common Pleas grant the following relief. Motion to grant Defendant more time to procure the services of an attorney to review the original loan documents and address all predatory lending discrepancies that were revealed in the Equi-Credit Corporation, and Fairbanks class action suits. 2. Rescission of the entire Mortgage and note. 3. Recommendation to re-negotiate a loan agreement between Plaintiff and Defendant. 4. Cost of litigation for the Plaintiff s attorneys. 5. Any other relief the court deems just and proper. Qwyj - S. ao 08 Date Respectfully Submitted, Curtis W. Thompson De en ant and Owner of property located at 325 North West St. Carlisle, PA 17013 4 My, 84? January 21, 2006 Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Phelan Hallinan & Schmieg, LLP Attn: Maureen Berner, Litigation Department 1617 John F. Kennedy Boulevard Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Re: First Nation Association Trust vs. Curtis W. Thompson Cumberland County, No. 02-5999 Dear Ms. Berner: COPY tct I have reviewed your communication and will accept an offer to begin monthly mortgage payments in the amount of $478.68. This is certainly a reasonable mortgage payment arrangement and one that I recommended early. I can begin making payments on later than 30 days after an agreement has been reached with the plaintiff. Although I agree in part to your offer, please know that I have serious concerns about the history of this mortgage that have not been resolved. These issues will require the services of an attorney representing my defense against your foreclosure action. The following issues concern me: The plaintiff no longer receives communications at 338 South Warminister Road Hatboro, PA 19040 and has in fact forwarded all communications to Fairbanks Capital in Salt Lake City Utah. It is my understanding that Fairbanks Capital is no longer servicing the loan and that Select Portfolio Servicing (SPS) is managing the account. Furthermore, it is my understanding that Credit Suisse First Boston (CSFB), New York is the new owner of SPS formerly known as Fairbanks Capital Corp. 2. My records reflect the following estimated payment amounts: Pennsylvania Housing Finance Agency $ 4013.13 Bankruptcy Case Report amount paid to Fairbanks Capital $ 6983.13 PA House of Representative payments $ 4161.00 Select Portfolio Servicing payments $20061.00 $35,218.26 (aprox.) With respect to your offer for a resolution, please know that I am not in an adversarial mode regarding this issue. I want to resolve this matter legally. In the interim please provide me with the principal balance owed on this loan. In addition, I need information regarding how much was paid to the principal and interest of this loan. Your attention to this matter is appreciated. Sincerely, Curtis W. Thompson March 27, 2006 Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Phelan, Hallinan, & Schmieg Attn: Phyllis Levin One Penn Center at Suburban Station 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 Dear Ms. Levin: As a follow up to your request for a recommendation that resolves my delinquent mortgage, please know that I accept an offer to begin monthly mortgage payments in the amount of $478.68. Although I accept this offer in principal, I am asking that you take into consideration the following: 1. A temporary withdrawal of the proceedings to foreclosure on the property located at 325 North West Street, Carlisle, PA 17013. 2. A fair reduction in the principal amount owed on the mortgage. 3. Credit for money already paid on the mortgage against the principal. ($35,218.26 approx) thus a reduction of the principal from $53,000 to $17,781.74. 4. I will agree to pay a monthly mortgage of $478.68 for six years. This payment will total $34,464.96. This will bring the total amount of money paid on the mortgage to $69,683.22. 5. In exchange for this arrangement, I will begin payment on this mortgage no later than 30 days from the execution of the contract. 6. In view of this settlement, I will require the services of an attorney at my expense to ensure that the payment arrangement is legal, and void of any predatory lending practices. My objective with this mortgage resolution is to ensure complete and legal accuracy of my financial responsibility regarding this matter. In the interim please provide me with the payment history of this loan when it was serviced by Equi Credit and Fairbanks Capital. With regard to your offer for a resolution, please know that I am not in an adversarial mode regarding this matter. I have an ability to pay and want to pay. With that said, I will appreciate your kind attention and consideration of this resolution. Sincerely, Curtis W. Thompson March 12, 2006 Curtis W. Thompson 325 North West St. Carlisle, PA 17013 Phelan, Hallinan, & Schmieg Attn: Phyllis Levin One Penn Center at Suburban Station 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 Dear Ms. Levin: C? I have reviewed your communication and will accept an offer to begin monthly mortgage payments in the amount of $478.68. Although I accept your offer, I still have serious concerns about the history of this mortgage and will require the services of an attorney representing my interest and defense to the "predatory lending" charges against Equi Credit and Fairbanks Capital. With that said, I will need the payment history of this loan when it was serviced by Equi Credit and Fairbanks Capital respectively. This information is essential when determining the amount owed on this loan. In addition, my records reflect the following: Pennsylvania Housing Finance Agency $4013.13 Bankruptcy payments to Fairbanks Capital $6983.13 PA House of Representatives payments $4161.00 Select Portfolio Servicing payments $20061.00 My objective is to ensure the accuracy of what my financial responsibility regarding this matter. I will need for an attorney to review any agreements. Again, thank you for alerting me to your client's position. I am anxious to resolve this matter when possible. Sincerely, Curtis W. Thompson Encls CERTIFICATE OF SERVICE I, Curtis W. Thompson, hereby certify that on June 5, 2008 I served copies of my amended counter-complaint with new matter to civil complaint in mortgage foreclosure on the following parties by way of United States Mail: First Bank National Association Trust 338 South Warminister Road Hatboro, PA 19040 2. Sheetal R. Shah-Jani, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Blvd. - Suite 1400 Philadelphia, PA 19103 Date C . Thompson 325 North West St. Carlisle, PA 17013 A ? eoAla ft-? 2 FAIR3S?3 1,7l040a041 1904 VS ll/ FORWARD TIME EX4= RTN TO SEND :FAIRBANKS CAPITAL CORP PO BOX 6%Q50 SALT LAKE CITY UT 64165-0x50 RETURN TO SENDER . - L I • f ? 3s ?- ?5 CERTIFICATE OF SERVICE I, Curtis W. Thompson, hereby certify that on June 10, 2008 I served copies of my amended response and counter-complaint with new matter to civil complaint in mortgage foreclosure on the following parties by way of United States Mail: 1. First Bank National Association Truster 338 South Warminister Road Hatboro, PA 19040 'rw 0 -sg99 2. Sheetal R. Shah-Jani, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Blvd. - Suite 1400 Philadelphia, PA 19103 QLLx i,no Date 4t 33fi ?.,. ? ?aaeQ, \A e v 3a b n- WI Curtis W. Thompson 325 North West St. Carlisle, PA 17013 , It O j j} 33 44 to i"F 1 fV co CIVIL ACTION - LAW AMENDED RESPONSE & COUNTER-COMPLAINT WITH NEW MATTER TO CIVIL COMPLAINT IN MORTGAGE FORECLOSURE Court of Common Pleas Civil Division Cumberland County No. 02-5999 First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff VS. Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Defendant AMENDED COUNTER COMPLAINT AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Defendant respectfully requests that the Court enter an Order dismissing a grant for summary judgment in favor of the Plaintiff in the above-captioned matter and in support thereof avers as follows: 1. There are major material issues of fact in dispute regarding the loan processed for defendant. As a matter of fact the purported mortgage and note and the actions taken by Plaintiff contain unfair trade practices and predatory lending practices as outlined in several class action suits against mortgage companies (Equi-Credit Corporation, Select Portfolio Services and Fairbanks Capitol) that held title to a mortgage lien for property located at 325 North West Street Carlisle, PA that resulted in settlements against the mortgage companies. (Samuel v. Equi-Credit Corporation C.A. No. 00-6196 (E.D. Pa), Orr v. Equi-credit Corporation of PA No 01-256 (W.D.PA) No 2:02 -CV-2394-ER (E.D. PA. 2002. And Curry v. Fairbanks Capital Corporation, No. 03-12219 (D. Mass. 2003), (Case No. 03- 10895-dpw United States District Court of Massachusetts). Both loan companies were charged by the Federal Trade Commission for unfair and predatory lending practices in connection with refinanced loans in Pennsylvania which resulted in a $40 million class action suit of which Defendant qualifies as a party. 2. Defendant is unaware of any legal action seeking a rem judgment in this mortgage foreclosure action. 3. Defendant disagrees that an admission to all allegations related to the Complaint by Plaintiff. Defendant only agrees that a loan was entered into only to discover later that the loan process was unfair, deceitful, and predatory. 4. In the matter of Mildred Samuel v. Equi-Credit Corporation, U.S. Bank National Association a class action complaint was filed seeking relief from predatory mortgage lending practices of a non-bank home equity lender, Equi-Credit Corporation ("Equi-Credit"), a wholly owned subsidiary of Bank of America. These practices violated numerous federal and state consumer protection laws. The specific predatory practices challenged include the following: 1. Equi-credit relies almost exclusively on brokers to obtain loan applications from homeowners. Because of Equi-Credit's policies and practices, its loans include excessive fees to the brokers. The broker fees paid by Equi-Credit from its customer's loans are in reality compensation from Equi-Credit to the brokers for the referral of business, and are not based on valid enforceable broker contacts established between a broker and a consumer prior to the broker obtaining credit information and applying for loans on the consumer's behalf. Equi-Credit does not require brokers to submit a written broker fee agreement with the loan application. The only point at which a written "broker agreement" is obtained is at the loan closing, as part of the loan contract, so that the consumer has no meaningful opportunity to decide whether to engage a broker and pay him a separate fee. 2. A "bait and switch" lending scheme whereby homeowners are induced to apply for home improvement financing, that Equi- Credit arranges and offers only a first mortgage refinancing loan, dictating the amounts to be included in the mortgage loans without regard to the amount sought by the borrower, so that Equi-Credit and its brokers can make a more expensive loan and obtain a first position lien on borrower's home. 3. Equi-Credit's high-cost loans are frequently made to borrowers who lack the reasonable ability to repay the loans, and therefore put the borrowers at high risk of losing their homes. Defendant alleges that mortgage loan was a result of predatory lending practices outlined in Samuel v. Equi-Credit Corporation U.S. Bank National Association, Trustee, Orr v. Equi-Credit, Curry v. Fairbanks Capital Corporation, and Select Portfolio Servicing, Inc. (Formerly Fairbanks Capital corp), a Utah corporation, SPS Holding Corp.) (Formerly Fairbanks Capital Holding Corp.), a Delaware corporation, and Thomas D. Basmajian, 2 5. Defendant was unaware of predatory lending practices in processing loan agreement and is unaware of any loan agreed to with First Bank National Association Trust. To the best of Defendant's knowledge this bank does not exist. Attempts to contact bank were unsuccessful and all communications were forwarded to Fairbanks Capitol Corporation in Salt Lake City Utah. 6. Defendant's response and counter claim is based on the following federal and state consumer protection laws: the Truth in Lending Act, 15 U.S.C. 1601 et seq. ("TILA"), the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. 1602 et seq. ("HOEPA" ), the Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et seq.("RESPA"), the Equal Credit Opportunity Act, 15 U.S.C. 1691 et seq. (ECOA"), the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. 201-1 et seq. ("CPL" or "UDAP"), the Pennsylvania Credit Services Act., 73 P.S. 2181-2192 ("CSA"), the Pennsylvania Home Improvement Finance Act, 73 P.S. 500-101 et seq.("HIFA"), the Pennsylvania Loan Interest and Protection Law, known as Act No. 6 of 1974, 41 P. S. 101 et seq. ("Act 6") and under other Pennsylvania statutory and common law. 7. In the matter of Orr v. Equi-Credit defendant alleges as a matter of fact that Equi- Credit exploited and corrupted the loan broker - client relationship by entering into secret agreements with mortgage (American Mortgage Reduction, Camp Hill, PA, which is no longer in business) to pay (the) loan broker significant fees to persuade defendant to accept Equi-Credit loans. In exchange for hefty referral fees, the broker abandoned their duties to search for favorable loans for defendant, and instead, channeled the defendant into Equi-Credit loans. Note: In Pennsylvania lawsuit (Orr v. Equi-Credit) lender was alleged to have paid kickbacks to brokers for services. In a 14 count class action suit it was alleged that Equi-Credit paid loan brokers thousands of dollars in illegal referral fees to funnel their residential mortgage clients to Equi-Credit. The suit affected thousands of Pennsylvania homeowners who obtained their first or second mortgages from Equi-Credit. The broker fees were then passed on to borrowers in the form of higher finance charges and/or higher loan amounts. Furthermore, it was alleged that Equi-Credit Corporation targeted minorities in low-income neighborhoods who were considered high-risk borrowers. It should be noted that Defendant was under employed and was in an active bankruptcy and is a minority As a result, Equi-Credit violated the TILA, the Equal Credit Opportunity Act, the Real Estate Settlement and Procedures Act, the Homeowner and Equity Protection Act. 3 Defendant seeks equitable relief in the form of rescission of their mortgages, plus statutory damages, actual damages, treble damages, punitive damages, attorneys' fees and costs. 9. Defendant alleges as fact that Equi-Credit markets itself as a "pioneer" in the so- called subprime lending industry, with more than forty years of "tradition." see www.EquiCredit.com. 10. Defendant alleges as fact that Equi-Credit specializes in making loans to consumers with below average credit histories. As an industry, subprime lending has experienced tremendous growth in recent years. From 1993 to 1998, subprime-refinancing lending increased 890 percent, while refinancing by prime lender grew by only 2.5 percent. R. Scheesele, 1998 HMDA Highlights, U.S. Department of Housing and Urban Development (September 1999) 11. Defendant alleges as fact that Equi-Credit and its parent company U.S. Bank National Association packages its loans to consumers and issues mortgage-back securities to raise additional capital for its operations. For example, the Prospectus Supplement shows a pooling by Equi-Credit of 12,781 mortgage loans from 48 states, including 1,343 from Pennsylvania. The total principal balance of the loans was $825,683,542.96. Prospectus Supplement at S-21, 22. 12. In the matter of the United States of America v. Select Portfolio Servicing, Inc (formerly Fairbanks Capital Corp.) A Utah Corporation, SPS HOLDING CORP. (Formerly Fairbanks Capital Holding Corp.), A Delaware corporation, and THOMAS D. BASMAJIAN the Defendant alleges as fact in dispute that a claim upon which relief may be granted against Plaintiff under Sections 5 (a), 5(m)(1)(A), and 13(b) of the FTC Act, 15 U.S.C 45(a), 45(m)(1)(A), and 53(b); the FDCPA, 15 U.S.C 1692 et seq., as amended; the FORA, 15 U.S.C. 1681 et seq., as amended; Sections 6 and 16 and of the RESPA, 12 U.S.C. 2605 and 2614 ; and Section 3500.21of Regulation X, 24 C.F.R. Pt. 3500.21. Furthermore predatory lending practices by the Plaintiff have in fact affected commerce in Pennsylvania as well as throughout the Nation. Commerce is defined in section 4 of the FTC Act, 15 U.S.C. 44. 13. Defendant disagrees with Plaintiff's affidavit reflecting figures and amounts due and owing to Plaintiff. 14. Defendant was eligible for Act 91 of 1983 when the loan was considered in default. Plaintiff never provided Defendant an opportunity to remedy alleged default. 4 15. Defendant disagrees with reinstatement quote on August 23, 2005 that payment history was not an accurate and true representation of loan payments made by Defendant. 16. Defendant disagrees that a copy of loan history was true and accurate. Loan history does not reflect payment made by the Pennsylvania Housing Finance Agency in the amount $4013.13, bankruptcy payments to Fairbanks Capital $6983.13, PA House of Representatives payments $4161.00 and Select Portfolio Servicing payments $20061.00. 17. Defendant agrees that Chapter 13 bankruptcy in the Middle District of Pennsylvania was filed docket number 1-03-00052. 18. Defendant agrees that a court order was issued to garnish Defendant's wages. Garnished payments were not sent in payment to alleged loan. 19. Plaintiff alleges that Defendant dismissed and disregarded mortgage payment arrangement ordered by the Honorable Mary D France. When in fact it was the Plaintiff who disregarded mortgage payment arrangement, thereby violating a court ordered bankruptcy order. 20. Plaintiff ignored and violated payment terms set forth by the Bankruptcy Court and accepts responsibility for the error. Defendant alleges that Plaintiff accepted the payment arrangements set forth in the Bankruptcy proceeding and should be held accountable. 21. Defendant disagrees that Bankruptcy payments were properly accredited to Plaintiffs loan history. When in fact the bankruptcy payments were accredited to lawyer accounts and not the Defendant's mortgage account 22. Defendant disagrees that Plaintiff is rightfully entitled to move forward with its Motion for Summary Judgment. 23. Defendant has no knowledge of a discussion regarding the terms offered as a remedy to this delinquent mortgage. Exhibit B 24. Defendant offered to resolved loan delinquency as detailed in Exhibit B. 25. Defendant has presented overwhelming evidence that this loan was a result of a predatory lending scheme, which contradicts the averments of Plaintiff's Complaint. 5 26. Defendant disagrees that the with Plaintiff's request for attorney's fees in preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriff's sale, and ensuring the conveyance of clear title is reasonable. 27.. As of October 10/21/05, Plaintiff (U.S. Bank National Association) is no longer accepting communications at their address. Plaintiff is in fact referring all communications to Fairbanks Capital Corporation. It should be noted that Fairbanks Capital is doing business as Select Portfolio Servicing. 28. Defendant has no knowledge of Plaintiff's whereabouts. Exhibit A 29. Defendant has no knowledge of Plaintiff's address. 30. Defendant alleges that Plaintiff is not an active National Bank as of August 31, 2005. 31. Defendant was not sent an "Act 91" notice giving the borrower 30 days to meet the lender or a consumer credit agency listed in the notice. 32. Defendant alleges that Fairbanks Capital Corporation uses unfair, deceptive, and illegal banking practices by mis-servicing residential mortgages that it owns or services for another entity. 33. Defendant alleges that Fairbanks Capital Corporation routinely seeks to collect and does collect "late charges," "inspection fees", "recoverable borrower fees," "corporate legal cost advances," unnecessary hazard insurances premiums and other fees and charges that are not legally due under the contract in Pennsylvania law concerning collection of fees, costs and charges. The fees, costs and charges are demanded and collected in the context of reinstatement agreements and in other contents, such as reinstatement demands, foreclosure and loan payoffs. 34. Defendant alleges that Fairbanks Capital Corporation victimizes Pennsylvania residential mortgagors with its practice of force placing hazard insurance covering properties, securing loans owned or serviced by Fairbanks Capital and charging its consumer customers unnecessary and excessive insurance premiums. The improper charging of insurance often results in placing the consumers in default of the terms of their mortgages, resulting in further improper and unauthorized fees and charges to their escrow accounts, which are controlled by Fairbanks Capital Corporation. 6 35. Defendant alleges that Plaintiff unnecessarily pays Defendant's real estate tax assessment so they can add the amount to the loan principal, thereby, accelerating the loan into further arrears. 36. Defendant alleges that Fairbanks Capital Corporation charging of and collecting such fees, costs, and charges are prohibited by the uniform mortgage loan documents that govern the transactions between Fairbanks Capital Corporation and its consumer customers as well as the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. section 2270.1 et seq ("FCEUA"), constituting unfair and deceptive acts and practices under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. section 201-1 et seq. ("CPL"). These laws prohibit creditors and debt collectors from engaging in abusive, deceptive and unfair collection practices. 31. Defendant alleges that Fairbanks Capital Corporation paid $40 million settlement to resolve their widespread loan servicing abuses to consumers whose loans were serviced by Fairbanks Capital Corporation between January 1, 1999 and December 10, 2003. Plaintiff refuses to provide a payment history from Equi- Credit, to Fairbanks Capital Corporation, to Select Portfolio Servicing. 38. Defendant alleges and has reason to believe that Equi-Credit is doing business as First Bank National Association Trust, 338 South Warminster Road, Hatboro, PA 19040. 39. Defendant alleges that Select Portfolio Servicing Inc. has not complied with all of the requirements of the Fairbanks Capital Corporation and Federal Trade Commission Consent Order in November 2003. 40. Defendant alleges that Plaintiff s loan was equity based and not the Defendant's income or ability to pay. 41. Defendant alleges that high attorney's fees and points were financed in the loan by Equi-Credit Corporation, and Fairbanks Capital Corporation that resulted in Class action suits against both 42. Defendant alleges that Plaintiff violated the Federal Truth in Lending Act (TILA) by not disclosing that the mortgage broker fee was not disclosed as a finance charge. Failure to disclose the broker fee was a TILA violation, and the defendant has a right to rescind the mortgage even though the plaintiff was the assignee and not the original lender. 7 43. Defendant alleges that mortgage was not 24 months in arrears. Therefore, it was necessary for the Plaintiff to send an "Act 91" notice that would give the Defendant 30 days to meet the lender or a consumer credit agency listed in the notice. Defendant has not received any settlement offer 44. Defendant alleges that Select Portfolio Servicing has entered into an agreement to refund hundreds of thousands of dollars to homeowners due to predatory servicing practices. 45. Defendant alleges that the Federal Trade Commission charged Fairbanks Capital Corporation with defrauding 280 thousand homeowners. Fairbanks Capital paid out a settlement of $40 million and changed its name to Select Portfolio Servicing. 46. Defendant alleges that Plaintiff is charging over inflated lawyers fees to push the amount owed so high that it will make it hard or impossible for Defendant to be granted confirmation in a Chapter 13 Bankruptcy. 47. Defendant has referred this matter to the Federal Trade Commission, Consumer Response Center, 600 Pennsylvania Avenue N.W., Washington, D.C. 20580. Case Number 595293. 48. Defendant contests amount owed to Plaintiff is inaccurate. Exhibit C 49. Defendant contends that the Pennsylvania Housing Finance Agency paid amount covering mortgage arrears that are not reflected in Plaintiff's accounting history. 50. Defendant offered payment arrangement that was not given an answer. Exhibit B 51. Defendant alleges that attorney for Plaintiff (Sheetal R. Shah-Jani, Esquire of Phelan, Hallinan, & Schmieg) is pursuing a foreclosure suit in direct violation of the Fair Debt Collection Practices. In Kaltenbach v. Richards, 464 F. 3D 524 (56, Circuit 2006) The Fifth Circuit of Appeals ruled that a party who satisfies a statute's general definition of a debt collection is subject to the entire Fair Debts Collections Practices Act even when enforcing a security interest. Wherefore, Defendant respectfully requests that the Honorable Court dismiss Plaintiff's request for rem judgment in its favor for the amount due plus interest and costs as prayed for in Plaintiff's Affidavit in support of the Motion for Summary Judgment. In addition, Defendant respectfully prays that the Cumberland County Court of Common Pleas grant the following relief: 1. Motion to grant Defendant more time to retain the services of an attorney to review the original loan documents and address all predatory lending allegations and discrepancies that were revealed in the Equi-Credit Corporation, and Fairbanks class action suits. 2. The dismissal of First Bank National Association Trust, 338 Warminister Road, Hatboro, PA 19040 as a defendant in this matter. 3. Resolution remedy to include dismissal, rescission, or renegotiation of the entire mortgage and note. 4. Costs of litigation for the Defendant's attorneys. 5. Relief for breach of contract, unjust enrichment, breach of fiduciary duty. 6. Court ordered independent accounting of Defendants escrow and mortgage accounts controlled by Equi-Credit, Fairbanks Capital, and Select Portfolio Servicing. 7. Issue an Order declaring the First Bank National Association Trust U/A as described above are in violation of the statutes and regulations set forth above. 8. Issue an Order declaring that the Plaintiff was a cooperative partner that engaged in a pattern or practice of extending credit to consumers based on the consumers' collateral without regard to the consumers' repayment ability. 9. Issue an Order enjoining the Plaintiff from continuing to engage in the illegal, unfair and deceptive practices described above. 10. Issue an Order enjoining the Plaintiff from initiating or continuing foreclosure proceedings with respect to Defendant's home. 11. Treble damages. 12. Hold Sheetal R. Shah-Jani, Esquire of Phelan, Hallinan, & Schmieg, LLP liable for filing a mortgage foreclosure action that is in direct violation of the Fair Debt Collection Practices Act and award damages as deemed appropriate. 13. Any other relief the court deems just and proper. Respectfully Submitted, Curtis W. Thompson Q??O?abo? Date Defendant and Owner of property located At 325 North West St. Carlisle, PA 17013 9 co y? lw?' CIVIL ACTION - LAW AMENDED RESPONSE & COUNTER-COMPLAINT WITH NEW MATTER TO CIVIL COMPLAINT IN MORTGAGE FORECLOSURE Court of Common Pleas Civil Division Cumberland County No. 02-5999 First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff VS. Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Defendant AMENDED COUNTER COMPLAINT AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Defendant respectfully requests that the Court enter an Order dismissing a grant for summary judgment in favor of the Plaintiff in the above-captioned matter and in support thereof avers as follows: 1. There are major material issues of fact in dispute regarding the loan processed for defendant. As a matter of fact the purported mortgage and note and the actions taken by Plaintiff contain unfair trade practices and predatory lending practices as outlined in several class action suits against mortgage companies (Equi-Credit Corporation, Select Portfolio Services and Fairbanks Capitol) that held title to a mortgage lien for property located at 325 North West Street Carlisle, PA that resulted in settlements against the mortgage companies. (Samuel v. Equi-Credit Corporation C.A. No. 00-6196 (E.D. Pa), Orr v. Equi-credit Corporation of PA No 01-256 (W.D.PA) No 2:02 -CV- 2394-ER (E.D. PA. 2002. And Curry v. Fairbanks Capital Corporation, No. 03-12219 (D. Mass. 2003), (Case No. 03-10895- dpw United States District Court of Massachusetts). Both loan companies were charged by the Federal Trade Commission for unfair and predatory lending practices in connection with refinanced loans in Pennsylvania which resulted in a $40 million class action suit of which Defendant qualifies as a party. 2. Defendant alleges that Plaintiff is an entity of Fairbanks Capitol, Inc. Defendant alleges that Plaintiff as an entity of Fairbanks Capitol Inc. violated several federal laws, including the FTC Act, the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Real Estate Settlement Procedures Act (RESPA) enforced by HUD. 4. Defendant alleges that First National Bank Trust Association (Fairbanks Capitol, Inc) violated several provisions of the FDCPA, in connection with collecting loans that were in default when Fairbanks obtained them. Specifically, the Defendant alleges that Plaintiff falsely represented the character, amount, and legal status of his debt; communicated or threatened to communicate credit information which was known or which should have been known to be false, including the failure to communicate that a debt was disputed; used false representations or deceptive means to collect or attempt to collect a debt, or to obtain information concerning a consumer; collected amounts not authorized by the agreement or permitted by law; and failed to validate debts. 5. Defendant alleges that Sheetal R. Shah-Jani, Esquire of Phelan, Hallinan, & Schmieg (Attorney for Plaintiff) is in liable for pursuing a foreclosure suit they know to be deceptive in direct violation of the Fair Debt Collection Practices Act.. Note: In Kaltenbach v. Richards, 464 F. 3D 524 (5 h Cir. 2006), the Fifth Circuit of Appeals Court ruled that a party who satisfies a statute's general definition of a debt collector is subject to the entire FDCPA even when enforcing a security interest. Wherefore, Defendant respectfully requests that the Honorable Court dismiss Plaintiff's request for rem judgment in its favor for the amount due plus interest and costs as prayed for in Plaintiff's Affidavit in support of the Motion for Summary Judgment. In addition, Defendant respectfully prays that the Cumberland County Court of Common Pleas grant the following relief 1. The dismissal of First Bank National Association Trust, 338 Warminister Road, Hatboro, PA 19040 as a Plaintiff in this matter. 2. Resolution remedy to include dismissal, rescission, or renegotiation of the entire mortgage and note. 3. Costs of litigation for the Defendant's attorneys. 4. Relief for breach of contract, unjust enrichment, breach of fiduciary duty. 5. Court ordered independent accounting of Defendants escrow and mortgage accounts controlled by Equi-Credit, Fairbanks Capital, and Select Portfolio Servicing. 2 6. Issue an Order declaring the First Bank National Association Trust U/A as described above are in violation of the statutes and regulations set forth above. 7. Issue an Order declaring that the Plaintiff was a cooperative partner that engaged in a pattern or practice of extending credit to consumers based on the consumers' collateral without regard to the consumers' repayment ability. 8. Issue an Order enjoining the Plaintiff from continuing to engage in the illegal, unfair and deceptive practices described above. 9. Issue an Order enjoining the Plaintiff from initiating or continuing foreclosure proceedings with respect to Defendant's home. 10. Treble damages. 11. Hold Sheetal R. Shah-Jani, Esquire of Phelan, Hallinan, & Schmieg, LLP liable for filing a mortgage foreclosure action that is in direct violation of the Fair Debt Collection Practices Act and award damages as deemed appropriate. 12. Any other relief the court deems just and proper. b 6e Respectfully Submitted, o ?,oo Curtis W. Thompson De en ant and Owner of prop y located At 325 North West St. Carlisle, PA 17013 3 rg. cc, CIVIL ACTION - LAW AMENDED RESPONSE & COUNTER-COMPLAINT WITH NEW MATTER TO CIVIL COMPLAINT IN MORTGAGE FORECLOSURE Court of Common Pleas Civil Division Cumberland County No. 02-5999 First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff VS. Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Defendant AMENDED COUNTER COMPLAINT AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Defendant respectfully requests that the Court enter an Order dismissing a grant for summary judgment in favor of the Plaintiff in the above-captioned matter and in support thereof avers as follows: There are major material issues of fact in dispute regarding the loan processed for defendant. As a matter of fact the purported mortgage and note and the actions taken by Plaintiff contain unfair trade practices and predatory lending practices as outlined in several class action suits against mortgage companies (Equi-Credit Corporation, Select Portfolio Services and Fairbanks Capitol) that held title to a mortgage lien for property located at 325 North West Street Carlisle, PA that resulted in settlements against the mortgage companies. (Samuel v. Equi-Credit Corporation C.A. No. 00-6196 (E.D. Pa), Orr v. Equi-credit Corporation of PA No 01-256 (W.D.PA) No 2:02 -CV- 2394-ER (E.D. PA. 2002. And Curry v. Fairbanks Capital Corporation, No. 03-12219 (D. Mass. 2003, (Case No. 03-10895- dpw United States District Court of Massachusetts). Both loan companies were charged by the Federal Trade Commission for unfair and predatory lending practices in connection with refinanced loans in Pennsylvania which resulted in a $40 million class action suit of which Defendant qualifies as a party. 2. Defendant alleges that Plaintiff is an entity of Fairbanks Capitol, Inc. 3. Defendant alleges that Plaintiff as an entity of Fairbanks Capitol Inc. violated several federal laws, including the FTC Act, the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Real Estate Settlement Procedures Act (RESPA) enforced by HUD. 4. Defendant alleges that First National Bank Trust Association (Fairbanks Capitol, Inc) violated several provisions of the FDCPA, in connection with collecting loans that were in default when Fairbanks obtained them. Specifically, the Defendant alleges that Plaintiff falsely represented the character, amount, and legal status of his debt; communicated or threatened to communicate credit information which was known or which should have been known to be false, including the failure to communicate that a debt was disputed; used false representations or deceptive means to collect or attempt to collect a debt, or to obtain information concerning a consumer; collected amounts not authorized by the agreement or permitted by law; and failed to validate debts. 5. Defendant alleges that mortgage loan evolved through mortgage broker (American Mortgage Reduction (Camp Hill, PA) to Equi- Credit Corp, Fairbanks Capital, Inc, and Select Portfolio Services. 6. Defendant alleges that First national Association Trust is in collaboration with and is doing business as a fraudulent front for Equi- Credit Corp, Fairbanks Capital, Inc, and Select Portfolio services. 7. Defendant alleges that as of this date, Plaintiff's whereabouts, and address are unknown due to return mail receipt. Exhibit A 8. Defendant alleges that First Bank National Association Trust is a fraudulent institution doing business for Fairbanks Capital 9. Defendant alleges that Sheetal R. Shah-Jani, Esquire of Phelan, Hallinan, & Schmieg (Attorney for Plaintiff) is liable for pursuing a mortgage foreclosure suit they know to be deceptive in direct violation of the Fair Debt Collection Practices Act. Note: In Kaltenbach v. Richards, 464 F. 3D 524 (5t' Cir. 2006), the Fifth Circuit of Appeals Court ruled that a party who satisfies a statute's general definition of a debt collector is subject to the entire FDCPA even when enforcing a security interest. 2 10. Defendant alleges that Plaintiff engaged in predatory lending while mortgage was in an active bankruptcy until September 2005 when lawyers for Plaintiff filed a Mortgage foreclosure complaint dated August 9, 2005. Exhibit B 11. Defendant alleges that wages were garnished during bankruptcy proceeding until October 11, 2005 and was therefore not in arrears. Exhibit C. 12. Defendant alleges that Plaintiff engaged in predatory lending by violating a bankruptcy court order. Exhibit D & D1. Wherefore, Defendant respectfully requests that the Honorable Court dismiss Plaintiff's request for rem judgment in its favor for the amount due plus interest and costs as prayed for in Plaintiff's Affidavit in support of the Motion for Summary Judgment. In addition, Defendant respectfully prays that the Cumberland County Court of Common Pleas grant the following relief: 1. The dismissal of First Bank National Association Trust, 338 Warminster Road, Hatboro, PA 19040 as a Plaintiff in this matter. 2. Resolution remedy to include dismissal, rescission, or renegotiation of the entire mortgage and note. 3. Costs of litigation for the Defendant's attorneys. 4. Relief for breach of contract, unjust enrichment, breach of fiduciary duty. 5. Court ordered independent accounting of Defendants escrow and mortgage accounts controlled by Equi-Credit, Fairbanks Capital, and Select Portfolio Servicing. 6. Issue an Order declaring the First Bank National Association Trust U/A as described above are in violation of the statutes and regulations set forth above. 7. Issue an Order declaring that the Plaintiff was a cooperative partner that engaged in a pattern or practice of extending credit to consumers based on the consumers' collateral without regard to the consumers' repayment ability. 8. Issue an Order enjoining the Plaintiff from continuing to engage in the illegal, unfair and deceptive practices described above. 9. Issue an Order enjoining the Plaintiff from initiating or continuing foreclosure proceedings with respect to Defendant's home. 10. Treble damages. 11. Hold Sheetal R. Shah-Jani, Esquire of Phelan, Hallinan, & Schmieg, LLP liable for filing a mortgage foreclosure action that is in direct violation of the Fair Debt Collection Practices Act and award damages as deemed appropriate. 12. Any other relief the court deems just and proper. Respectfully Submitted, Curtis W. Thompson Date Defendant and Owner of property located At 325 North West St. Carlisle, PA 17013 3 10. Defendant alleges that Plaintiff engaged in predatory lending while mortgage was in an active bankruptcy until September 2005 when lawyers for Plaintiff filed a Mortgage foreclosure complaint dated August 9, 2005. Exhibit B 11. Defendant alleges that wages were garnished during bankruptcy proceeding until October 11, 2005 and was therefore not in arrears. Exhibit C. 12. Defendant alleges that Plaintiff engaged in predatory lending by violating a bankruptcy court order. Exhibit D & D 1. 13. Defendant alleges that First Bank National Trust Association has not shown proof that they owned the mortgage on property located at 325 N. West Street, Carlisle, PA, when law suit was filed. 14. Defendant alleges that mortgage note was not legally transferred or assigned to First Bank National Trust Association. 15. Defendant alleges that mortgage loan has changed multiple times, and as such Plaintiff has in fact maintained inaccurate and complete records regarding Defendant's mortgage note. Wherefore, Defendant respectfully requests that the Honorable Court dismiss Plaintiff's request for rem judgment in its favor for the amount due plus interest and costs as prayed for in Plaintiff's Affidavit in support of the Motion for Summary Judgment. In addition, Defendant respectfully prays that the Cumberland County Court of Common Pleas grant the following relief 1. The dismissal of First Bank National Association Trust, 338 Warminster Road, Hatboro, PA 19040 as a Plaintiff in this matter. 2. Resolution remedy to include dismissal, rescission, or renegotiation of the entire mortgage and note. 3. Costs of litigation for the Defendant's attorneys. 4. Relief for breach of contract, unjust enrichment, breach of fiduciary duty. 5. Court ordered independent accounting of Defendants escrow and mortgage accounts controlled by Equi-Credit, Fairbanks Capital, and Select Portfolio Servicing. 6. Issue an Order declaring the First Bank National Association Trust U/A as described above are in violation of the statutes and regulations set forth above. 7. Issue an Order declaring that the Plaintiff was a cooperative partner that engaged in a pattern or practice of extending credit to consumers based on the consumers' collateral without regard to the consumers' repayment ability. 8. Issue an Order enjoining the Plaintiff from continuing to engage in the illegal, unfair and deceptive practices described above. 9. Issue an Order enjoining the Plaintiff from initiating or continuing foreclosure proceedings with respect to Defendant's home. 10. Treble damages. 11. Hold Sheetal R. Shah-Jani, Esquire of Phelan, Hallinan, & Schmieg, LLP liable for filing a mortgage foreclosure action that is in direct violation of the Fair Debt Collection Practices Act and award damages as deemed appropriate. 3 12. Dismiss this home foreclosure suit because Plaintiff's can not prove they own the mortgage when the law suit was filed. 13. Any other relief the court deems just and proper. Respectfully Submitted, Curtis W. Thompson 411v.-4_1 ? -0 o o ? rvzt' W. 9,? Date De en t and Owner of property located At 325 North West St. Carlisle, PA 17013 W r r o Y o DCo - oom0 2 ?? 2 N^^? o a ° ? C) Mama a?rrr o 6 a) $? o 0 4? o a ?P Ln O l N O .? 2 O ry mw vl rut() O Oha 0 W < P a 0 q -qzo ++ Z )^U 7' W I : as m 0 < O J Nay ? 0 OXH 7Wa y Z O Q F- a . PWUGH ? .? NU H HViN W f-•:?C1fiW a Z,O Y (0 Act Q mccmx..) • m¢aa 1 Ha< -j aOILO¢ LiL • - a V) ;r f, T t f.? (r) aK• tri r I r G a PHELAN, HALLINAN AND SCHMIEG .By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-1000 FIRST BANK NATIONAL ASSOCIATION TRUST : COURT OF COMMON PLEAS U/A DATED 3/1/97 (EQCC HOME EQUITY LOAN TRUST 1997-1) : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. NO. 02-5999 CURTIS THOMPSON Defendants TO: CURTIS THOMPSON 326 NORTH WEST STREET CARLISLE, PA 17013 DATE OF NOTICE: sg uq 9,2001-5 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY. OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER; THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR. NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 r R , ?,o ilL FRANCIS S. N, ESQUIRE Attorneys for Plaintiff Plaintiff is FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 03/01/97 (EQCC HOME EQUITY LOAN TRUST 1997-1) 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 2. The name(s) and last known address(es) of the Defendant(s) are: CURTIS W. THOMPSON 325 N. WEST STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/30/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUICREDIT CORPORATION OF PA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1364, Page 342. By Assignment of Mortgage recorded 12/08/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 563, Page 764. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/05/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $53,825.75 Interest 11,216.40 11105100 through 12/01/02 (Per Diem $14.38) Attorney's Fees 1,250.00 Cumulative Late Charges 284.76 01/30/97 to 12/01/02 Cost of Suit and Title Search 550.00 Subtotal $67,126.91 Escrow Credit 0.00 Deficit 1.043.36 Subtotal 1-,043.-36 TOTAL $68,170.27 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. Notice of Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, is not required as the mortgagor is more than 24 months in arrears on the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $68,170.27, together with interest from 12/01/02 at the rate of $14.38 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE AND PHE By: 1 rands S Hallman FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff AtLL tbtt aexm bt o(jx=ad x tasia is tb& Uormb otCtflk r Cma aim Csuuiys ramyhssis bvnsdcd *od Amoibed i glows, mift NGAUOIIltIl'1G.AsOWofdrEaitAkafNwth ^llotSat4xdApar# kft st{ears. OrPo+o mAYotftwkB.PAW== om tth M. R?e6irww,? ?i wplt tbase+r stork sdd Ivi is arr ssttal!' "tb da?i m ? asw ar st ?f+?s?is Rs?dra? Ca??r;?bseaslojsdd lrad? 1as swtMtydln?dics,t3!!Nt 4a lyds of C.ar??LDrwrs.s?d Arer?+r M. &w itswt?Y?wataiwelatlilr?bis.a 10 memo* 9a¦rWsatl4wtlklwm*W ;*A*ft.im*fTmtAw ?d Kottl? 1A?ort fit, lSO?b? dw ?rr[Ml4C. Bs+?i?lke?ecat-cr+?tlri drsata{teCa Gsowe iwdli?r0 naa?w Mnown? P1?3aitlwrrVt Z?R . C??>w;?p inG'mshm l MmomtrMiel ni symmd ii. Tbmpmvo,, M sd Cwib W. T Wwpmm4 b-w dish dad 3.tod **A*4 mid mw dw lwm4 k be now do •iDw& imca.t oubwwd cw* DWI s &30X ps.Aw pa s"d em"y "m VERIFICATION MATT FEENEY hereby states that he is DOCUMENT CONTROL OFFICER of FAIRBANKS CAPITAL CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ??" Ze'- Matt Feeney DATE: l 2 15 G c? IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS-OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 61 PERSONNEL DEPARTMENT OFFICE OF CHIEF CLERK III poust II E XP$PxC ?S t E$ COMMONWEALTH OF PENNSYLVANIA HARRISBURG September 28, 2005 Curtis W. Thompson 325 North West Street PO Box 457 Carlisle, PA 17013 Dear Curtis: ROOM 131 MAIN CAPITOL BUILDING HARRISBURG, PENNSYLVANIA 17120-2020 (717) 783-3097 As per the attached Court Order from the United States Bankruptcy Court, your bankruptcy wage attachment has been dismissed. Therefore, your wage attachment of $343.25 will be discontinued beginning with your October 11, 2005 paycheck. If you have any further questions, please call the Personnel Office at 783-3097. Sincerely, Jodie Bowman Personnel Supervisor JLB/gw cc: Scott Brubaker, Director of Staffing & Administration Earl Mosley, Director of Personnel Alexis A. Brown, Comptroller Personnel File ® PRINTED ON RECYCLED PAPER IN THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CURTIS W. THOMPSON, Debtor CASE NO. 1- 03-bk-00052 CHAPTER 13 Upon consideration of the foregoing motion to dismiss, good reason appearing therefore, pursuant to Section 1307(b) of the Bankruptcy Code, it is Hereby Ordered and Decreed that the above-captioned proceeding be and hereby is dismissed. By the CamY, J1A'R7? This elednonic order ismgned and filed on the same date. N . _J ^W, '. V L-{ JJ? ) .. VLn Dated: September 9, 2005 066013 PERSONNEL DEPARTMENT OFFICE OF CHIEF CLERK 1- 9 'must of ?tyrzaentafivrs COMMONWEALTH OF PENNSYLVANIA HARRISBURG October 21, 2004 Curtis W. Thompson 325 North West Street PO Box 457 Carlisle, PA 17013 Dear Mr. Thompson: ROOM 131 MAIN CAPITOL BUILDING HARRISBURG, PENNSYLVANIA 17120-2020 (717) 783-3097 I have received two Orders of Attachment of Wages from the United States Bankruptcy Court (copies attached). The orders request a total deduction of $598.84 from your biweekly pay. Therefore, beginning with your paycheck dated November 9, 2004, the amount of $598.84 will be deducted from your biweekly paycheck and will continue until the end of March 2005. Beginning with your paycheck dated April 12, 2005, the amount will'be reduced to $343.25 until we receive further notification from the Court. If you have any questions, please contact the Personnel Office at 783-3097. Sincerely, die Bowman Personnel Supervisor Attachment: Court Order cc: Scott Brubaker, Director of Staffing and Administration Earl Mosley, Director of Personnel Alexis Brown, Comptroller Personnel File ® PRIMED ON RECYCLED PAPER IN THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA INRE: CURTIS W. THOMPSON CASE NO. 1- 03-00052 CHAPTER 13 ORDER T 0 4 7W? AT Harrisburg, in said District, this J(? day of (? 2004; UPON consideration of the foregoing motion for wage attachment, and it appearing that it is the desire of the debtor and the trustee in bankruptcy to effect such a wage attachment, it is HEREBY ORDERED AND DECREED that a wage attachment be and hereby is issued against the wages of Curtis W. Thompson, at the rate of $124.16 per bi-weekly pay period ($269.00 per month), to be mailed directly to Charles J. DeHart, EET Trustee in Bankruptcy, P. O. Box 410, Hummelstown, Pennsylvania 17036. Said Wage Attachment will be sent to the debtor's employer, Jodie Bowman, Personnel Supervisor, 131 Main Capitol Building, House Box 202020, Harrisburg, PA 17120-2020 and shall stay in place until the debtor's Chapter 13 Plan is completed, until the debtor is no longer employed with the Commonwealth of PA, or until Court orders said wage attachment be ceased. FILED waRRPAURG SEP30 Clerk, U.S. Bankrup Court BY THE COURT: o x. ?iAfiY Q: Fft4NC - ti MARY D. FRANCE 0) - Bankruptcy Judge 0 C, - IN THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA INRE: CURTIS W. THOMPSON CASE NO. 1- 03-00052 CHAPTER 13 go' 041,9& AT Harrisburg, in said District, this day of ZJA a?".,gA I I- 2004; UPON consideration of the foregoing motion for wage attachment, and it appearing that it is the desire of the debtor and the trustee in bankruptcy to effect such a wage attachment, it is HEREBY ORDERED AND DECREED that a wage attachment be and hereby is issued against the wages of Curtis W. Thompson, at the rate of $474.68 per bi-weekly pay period for the next five months of his plan, with all payments going directly to the mortgage company. At the end of 5 months, the debtor's wages are to be attached in the amount of $474.68 per month, or $219.09 per bi-weekly pay period . Said Wage Attachment will be sent directly to the debtor's employer c/o Jodie Bowman, Personnel Supervisor, 131 Main Capitol Building House Box 202020, Harrisburg, PA 17120-2020, 0 and shall stay in place until the debtor's Chapter 13 Plan is completed, until the debtor -I no. longer employed with the Commonwealth of PA, or until Court orders said wage c, attachment be ceased. FILED HARRISBURG SEP 3 Clerk, U.S. Ban€,ru'+t Court 0 BY THE COURT: 41 MARY D. FRANCE Bankruptcy Judge UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT PENNSYLVANIA IN THE MATTER OF: CURTIS W'THOMPSON PO BOX 457 CARLISLE, PA 17013 PAGE 2 CHAPTER 13 CASE NO. 10300052 DATE FILED: 01/03/2002 DATE CONFIRMED: 05/07/2003 DATE CONCLUDED: 11/16/2005 DEBTOR (S) ) -------------) CHAPTER 13 STANDING TRUSTEE'S FINAL REPORT DISMISSED AFTER CONFIRMATION WHEREFORE, the Trustee prays that a Final Decree be entered discharging him/her as Trustee and releasing the Trustee and the Trustee's surety from any and all liability on account of the within proceedings, and closing the estate, and for such other relief as is just. Pursuant to FRBP 5004, I certify the case has been fully administered. /s/ CHARLES J. DEHART, III P.O. BOX 410 HUMMELSTOWN, PA 17036 PRINTED 11/16/05 at 21- J 1/ CERTIFICATE OF SERVICE I Curtis W. Thompson, hereby certify that on Q ucrQ, I ( t? 0 O a- I served copies of an Amended Counter-Complaint with w matter to Summary Judgment Civil Complaint in Mortgage Foreclosure on the following parties by way of U.S. mail: Court of Common Pleas Civil Division Cumberland County No. 02-5999 First Bank National Association Trust U/A 338 South Warminster Road Hatboro, PA 19040 Sheetal R. Shah-Jani, Esquire 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103-1814 W Q?a I ? aoo % L A '_ L AL"aw?__? Efate e r•o can -t? LIT ?-- Lr C ' M eryi % al j jal CIVIL ACTION - LAW MOTION TO DISMISS SUMMARY JUDGMENT CIVIL COMPLAINT IN MORTGAGE FORECLOSURE Court of Common Pleas Civil Division Cumberland County No. 02-5999 First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff VS. Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Defendant MOTION TO DISMISS Comes now, Curtis W. Thompson, Defendant, respectfully requests this Honorable Court to Dismiss Plaintiff's mortgage foreclosure lawsuit in favor of Defendant and in support therefore avers the following: 1. Plaintiff's whereabouts' and address are unknown to Defendant due to return mail receipt. 2. Defendant has no mortgage or loan agreement with Plaintiff. 3. Plaintiff is in collaboration with and is doing business as a fraudulent business front for Equi-credit Corp, and Fairbanks Capital (Select Portfolio Services). Both were found liable in a lawsuit alleging they engaged in predatory lending. 4. Plaintiff is in fact a fraudulent institution doing business for Fairbanks Capital. Note: Fairbanks Capital settled a lawsuit with the Federal Trade Commission and Housing and Urban Development on behalf of consumers for $40 million. 5. Plaintiff's attorney, Sheetal R. Shah-Jani, Esquire of Phelan, Hallinan, & Schmieg is legally liable for pursuing a mortgage foreclosure suit they know to be deceptive in direct violation of the Fair Debt Collection Practices Act. Note: In Kaltenbach v. Richards, 464 F. 3D 524 (5 h Cir. 2006), the Fifth Circuit of Appeals Court ruled that a party who satisfies a statue's general definition of a debt collector is subject to the entire FDCPA even when enforcing a security interest. 6. Plaintiff violated a court order by filing a mortgage foreclosure lawsuit against defendant still in an active bankruptcy proceeding. ? , . 7. Plaintiff refused to accept Defendant's bankruptcy court ordered mortgage payments. Note: Defendant's wages were being garnished in compliance with said court order. 8. Plaintiff has not shown legal documented proof that they owned the mortgage on property located at 325 N. West Street, Carlisle, PA, when lawsuit was filed. 9. Plaintiff's mortgage loan note was not legally transferred or assigned to First Bank National Trust Association. 10. Plaintiff s mortgage loan note with Defendant has changed multiple times, and as such Plaintiff has in fact failed to maintain accurate and complete records regarding Defendant's mortgage note while engaging in questionable predatory lending business practices. D to W.?i Curtis W. Thompson, Pro e Defendant 2 CERTIFICATE OF SERVICE I Curtis W. Thompson, hereby certify that on 2k WVJL, W. -a 0 0 a I served copies of a Motion To Dismiss to Summary Judgment Civil Complaint in Mortgage Foreclosure on the following parties by way of U.S. mail: . Court of Common Pleas Civil Division Cumberland County No. 02-5999 First Bank National Association Trust U/A 338 South Warminster Road Hatboro, PA 19040 Sheetal R. Shah-Jani, Esquire 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103-1814 QUnu-' a1, a00% Date ruA-?? U), V?vvr? S1 ure C3 C _ r13 J?r7"'t ` ..• !rn c r Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 igoldberg@ssbc-law.com PA ID #46782 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK ASSOCIATION TRUST U/A, Plaintiff V. CURTIS W. THOMPSON, Defendant CIVIL TERM (LAW) NO. 02-5999 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel for the Defendant in the above-captioned case. Ily submitted, Date: ,;I"oho"L1-1 ber , j ney ID N 782Esquire 0 Lingles Road, Suite 106 Harrisburg, 17110 (717)703-3 0 Attorney for Defendant CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the day of , 2008, served a copy of the foregoing Entry of Appearance, by first-class mail, postage prepaid, upon the following: Joseph P. Schalk, Esquire Phelan Hallinan & Schmieg 107 N. Front Street Harrisburg, PA 17101 Attorney for Plaintiff 11 Cs -TI CD .. w.9 1? ..?L.J PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street' Suite 115 Harrisburg, PA 17101 (215)563-7000 First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff vs. Curtis W. Thompson 325 N. West Street Carlisle, PA 17013 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 02-5999 AND NOW, This day of , 2008 it is hereby agreed by and between, Wells Fargo Bank, N.A. (hereinafter "Plaintiff'), by and through its counsel, Joseph P. Schalk, Esquire and Curtis W. Thompson (hereinafter "Defendant") by and through their counsel, Joseph Goldberg, Esquire as follows: WHEREAS, Defendant is the owner of the property located at 325 N. West Street, Carlisle, PA (hereinafter the "Property"); WHEREAS, Plaintiff filed a Complaint in Mortgage Foreclosure on December 18, 2002; Jul-15.2C08 04:11 PM PHELAN HALLINAN SCHMIEG 717 234 1549 W iF,REAS, Defendant filed au Answer and New Matter in response to the Complaint in Mortgage Foreclosure on August 18, 2005; WHERAS, Plaintiff(xled a Motion For Summary Judgment with a Brief in Support of the stone on June 5, 2008; WHEREAS, Defendant, then Pro Se, filed numerous pleadings in response to the Motion for Siunmary Judgment beginning June 5, 2008 and continuing through July 3, 2008; WHEREAS, the Parties to this Stipulation are desirous of resolving all issues raised in the underlying Foreclosure Action, Plaintiff and Defendant agree as follows: 1. The oral argument scheduled on Plaintiffs Motion for Summary Judgment for July 9, 2008 was postponed by agreement in order to allow newly retained counsel for the Defendant to file a formal response within forty-five (45) days. 2. Defendant, through counsel, agrees to withdraw all Pro Be pleadings filed between June 5, 2008 and July 3, 2008 by no later than August 15, 2008. 3. Upon filing of a proper Response to the Motion for Summary Judgment, Plaintiff or Defendant may file a Praecipe for Argument with the Court unless other a settlement is reached prior to that time. 4. This Stipulation may be executed in counterpart. Date: 817109 Date: -? 3(4 ?epk P. $Ihalk, Esquire 4 PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff VS. Curtis W. Thompson 325 N. West Street Carlisle, PA 17013 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 02-5999 I hereby certify a true and correct copy of the Stipulation Resolving Various Pro Se Pleadings and proposed Order was served by regular mail on counsel for Defendant on the date listed below: Joseph Goldberg, Esquire 2080 Linglestown Road Harrisburg, PA 17110 Date: 0,'!!!) Ncnaix, Vsquire for Plaintiff ?` -mss l :,. SV f', C 'L T w Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA ID #46782 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK ASSOCIATION TRUST U/A, CIVIL TERM (LAW) Plaintiff V. CURTIS W. THOMPSON, NO. 02-5999 Defendant PRAECIPE TO WITHDRAW PLEADINGS AND OTHER PRO SE FILINGS OF THE DEFENDANT TO THE PROTHONOTARY: Pursuant to the Stipulation of the parties herein, please strike the following pleadings and other documents filed pro se by the Defendant: 1. June 5 (or June 5), 2008 - Response to Plaintiffs Motion for Summary Judgment 2. June 6, 2008 - Amended Counter-Complaint with New Metter to Civil Complaint in Mortgage Foreclosure 3. June 10, 2008 - Amended Counter Complaint and Response to Plaintiffs Motion for Summary Judgment 4. June 16, 2008 - Amended Counter Complaint and Response to Plaintiff's Motion for Summary Judgment 5. June 20, 2008 - Motion to Dismiss Date: f-/) -0'0-- Respectfully submitted JW"old g, Esquire A ney ID N9,.)(6782 2080 Lingle n Road, Suite 106 Harrisburg, OA*1 7110 (717)703-3600 Attorney for Defendant PHELAN HALLINAN & SCHMIEG,1.1,11 BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 ?15) 563-7t?nn First Bank National Association Trust U/A Dated 43/01./97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff vs. Curtis W. Thompson 325 N. West Street Carlisle, PA 17413 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 02-5999 STIPULATION RESOLVING VARIOUS PRO) fill Pt EAnTNGS AND NOW, This 771 day of Awj . , 2008 it is hereby agreed by and between, Wells Fargo Bank, N.A. (hereinafter "Nlaintifr'), by and through its counsel, Joseph 11. Schalk, Esquire and Curtis W. Thompson (hereinafter "Defendant") by and through their counsel. Joseph Goldberg, Esquire as follows: WHEREAS, Defendant is the owner of the property located at 325 N. West Street, Carlisle, PA (hereinafter the "Property"); WHEREAS, Plaintiff filed a Complaint in Mortgage Foreclosure on December 18, 2002; .- v V-T. I3 t 11 1 tl{.L7'111 iY1LL11VUI Jot k'ILLL1 113 La't 1J)4P WHBRW, Defendant filed an Answer and New Matter in response to.the Complaint in Mortgage Foreclosure on August 18,2005; WHERAS, Plaintiff tiled a Motion Cor Summary Judgment with a Brief in Support of the same on June 5, 2008; WHEREAS, Defendant, then Pro Se, filed numerous pleadings in response to the Motion for Summary Judgment beginning June 5, 2008 and continuing through July 3, 2008; 't HMAS, the Parties to this Stipulation are desirous of resolving all issues raised in the underlying Foreclosure Action, Plaintif and Defendannt a" as follows: 1. The oral ruguunent scheduled on PlaindIrs Motion for Summary Judgment for July 9, 2008 was postponed by agreement in order to allow newly retained counsel for the Defendant to file a formal response within forty-five (45) days. 2. Defendant, through counsel, agrees to withdraw all Pro Se pleadings filed between June 5, 2008 and July 3, 2008 by no later than August 15, 2008. 3. Upon filing of a proper Response to tie Motion for Summary Judgment, Plaintiff or Defendant may file a Praecipe for Argument with the Court unless other a settlement is reached prior to that time. 4. This Stipulation may be execrated in counterpart. Date: . Ob Date: I rL r,,? 314 isep P. hhalk, Esquire A ff v tier V k; nti fti CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the/ (? day of 2008 1 Aw_? I served a copy of the foregoing Praecipe to Strike Pleadings and Other Pro Se Filings of Defendant, by first-class mail, postage prepaid, upon the following: Joseph P. Schalk, Esquire Phelan Hallinan & Schmieg 107 N. Front Street Harrisburg, PA 17101 Attorney for Plaintiff C ? '?`?` ? _ J 1,. . '?~ ````' ? 'fi`t ' ?> t,'- ... ? ti.- ?'7 \ "F^y ?e,?,. M °-.-?. ?` ru =:?r 1. AUG 18 2008, IN THE COURT OF COMMON PLEAS OF CUMEBRLAND COUNTY, PENNSYLVANIA First Bank National Association Trust U/A Dated Court of Common Pleas 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Civil Division Hatboro, PA 19040 Plaintiff Cumberland County VS. No. 02-5999 Curtis W. Thompson 325 N. West Street Carlisle, PA 17013 Defendant AND NOW, this 2)' day of Af w, 61, , 2008, the attached Stipulation is hereby made an Order of Court and it is hereby ORDERED AND DECREED that the Stipulation is hereby approved. BY THE COURT: i C .g WV ZZ 99V goon PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. -------------------------------------------------------------------- First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff vs. Curtis W. Thompson 325 N. West Street Carlisle, PA 17013 Defendant : Court of Common Pleas : Civil Division Cumberland County : No. 02-5999 State matter to be argued: Plaintiffs Motion for Summary Jud ent 2. Identify counsel who will argue case: (a) for plaintiff. Joseph P. Schalk, Esquire Address: Phelan Hallinan & Schmieg, LLP 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (b) for defendant: Joseph K. Goldberg, Esquire Address: 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 3, 2008 Date: 10.10 -CA B Jo P. chalk, Esquire Attorney for Plaintiff ' '' ? '? ?`? ? _ ?- aa. ?' ? -?.. ?.. -,? ? J is PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff vs. Curtis W. Thompson 325 N. West Street Carlisle, PA 17013 Defendant -On n f W ? Attorney for Plaint'W : Court of Common Pleas : Civil Division : Cumberland County : No. 02-5999 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Argument Praecipe were sent via first class mail to the person on the date listed below: Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 Date: B P Jo P. chalk, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff VS. Curtis W. Thompson 325 N. West Street Carlisle, PA 17013 Defendant Court of Common Pleas : Civil Division : Cumberland County No. 02-5999 AND NOW, this c3 a? day of , 2008 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, Curtis W. Thompson, for $80,858.88 plus interest from February 29, 2008 at the rate of $13.92 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. B 01 J. SO ;Ol t";V C- 330 BOOZ Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 03/01/97 (EQCC HOME EQUITY LOAN TRUST 1997-1) VS. CURTIS W. THOMPSON 325 NORTH WEST STREET CARLISLE, PA 17013 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 02-5999 PRAECIPE TO ASSESS DAMAGES PURSUANT TO COURT ORDER TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against CURTIS W. THOMPSON, Defendant(s) in accordance with the Court's Order dated 12/03/08. As set forth in Order Interest - 02/29/08 TO 12/03/08 TOTAL DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS# 64656 $80,858.88 back- $3,883.68 $84,742.56 Daniel G. Schmieg, Esquire Attorney for Plaintiff PRO PROTHY Q?+ kro P?+PSI . ... G ?C?SCo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Bank National Association Trust U/A Dated 03/01197 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro,.PA 19040 Plaintiff VS. Curtis W. Thompson 325 N. West Street Carlisle, PA 17013 Defendant : Court of Common Pleas : Civil Division Cumberland Country : No. 02-5999 AND NOW, this 5 °{ day of Z, 2008 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that plaintiff is entitled to Summary Judgment as. a matter of law, and it. is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, Curtis W. Thompson, for $80,858.8.8 plus interest from February 29, 2008 at the rate of $13.92 per diem and other costs and charges collectible under the mortgage, for foreclosure and sane of the mortgaged property. n ?=1i 1 , i a ti€tw Sot mi; m -e CgA# W- P t? d ec?er vv1*- 'Age B OURT: J. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 03/01/97 (EQCC HOME EQUITY LOAN TRUST 1997-1) VS. CURTIS W. THOMPSON Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 02-5999 VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CURTIS W. THOMPSON is over 18 years of age and resides at 325 NORTH WEST STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. t Daniel G. Schmieg, Esquire Attorney for Plaintiff 17-1 ' co (Rule of Civil Procedure No. 236) - Revised FIRST BANK NATIONAL ASSOCIATION CUMBERLAND COUNTY TRUST U/A DATED 03/01/97 (EQCC HOME EQUITY LOAN TRUST 1997-1) COURT OF COMMON PLEAS VS. CURTIS W. THOMPSON 325 NORTH WEST STREET CARLISLE, PA 17013 : CIVIL DIVISION : NO. 02-5999 Notice is given that a Judgment in the above captioned matter has been entered against you on bsr-, /y , 2008. By: DEPUTY oft If you have any questions concerning this matter please contact: Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE INBANWRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire, Id. No. 32227 Francis S. Hallinan, Esquire, Id. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 3/01/97 (EQCC HOME EQUITY LOAN TRUST 1997-1) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION vs. CURTIS W. THOMPSON No. 02-5999 WITHDRAWAL OF APPEARANCE To the Prothonotary: Kindly withdraw my appearance on behalf of Plaintiff, FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 3/01/97 (EQCC HOME EQUITY LOAN TRUST 1997- 1), in the above captioned action. PHELAN HALLINAN & SSCHMIEG, LLP Date: ' / D 5 By: 7 a LAWRENCE T. HELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Cam. ?' .v -ry nz o Q IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FIRST BANK NATIONAL ASSOCIATION TRUST U/A DATED 03/01/97 (EQCC HOME EQUITY LOAN TRUST 1997-1) Plaintiff, V. CURTIS W. THOMPSON, Defendant. DOCKET NO. 02-5999 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned counsel on behalf of the Plaintiff in the above captioned matter, superseding current counsel, Phelan, Hallinan & Schmieg, LLP, Lawrence T. Phelan and Francis S. Hallinan, Esquires. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY. Barbara A. Fein, Esquire Attorney I.D. No. 53002 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Dated: January 16, 2009 yr C r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST BANK NATIONAL ASSOCIATION, Trust U/A Dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), Plaintiff, V. CURTIS W. THOMPSON, Defendant. COURT OF COMMON PLEAS NO. 02-5999 PRAECIPE TO ISSUE WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County, against Curtis W. Thompson, Defendant(s), and real property situated at 325 North West Street, Borough of Carlisle, Cumberland County, Pennsylvania. AMOUNT DUE INTEREST calculated at the legal rate of 6% (per diem rate of $13.Aq) from Fe6va.ry x9,2008 through the date on which the property is sold at Sheriffs Sale. SUBTOTAL February 24, 2009 $ 60, W.88 Barbara A. Fein, Esquire Attorney I.D. No. 53002 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Of r ?Q ?w a° rr.; -) ?S Ul O O0 ? a w THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 425 Commerce Drive, Suite 100 File No. 08-15202 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff FIRST BANK NATIONAL ASSOCIATION, Trust U/A Dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5999 V. CURTIS W. THOMPSON, Defendant. AFFIDAVIT UNDER PA. RCP RULE 3129 First Bank National Association, Trust U/A dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 325 North West Street, Borough of Carlisle, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. Name and address of each Owner and/or Reputed Owner: Curtis W. Thompson 325 N. West Street, Carlisle, PA 17013 c/o Joseph K. Golberg, Esquire 2080 Linglestown Road, Suite 106, Harrisburg, PA 17110 2. Name and address of each Defendant named in the judgment: Curtis W. Thompson 325 N. West Street, Carlisle, PA 17013 c/o Joseph K. Golberg, Esquire 2080 Linglestown Road, Suite 106, Harrisburg, PA 17110 46 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17103 U.S. Treasury Dept. 601 Market Street Philadelphia, PA 19106 U.S. Treasury Dept. Federal Building 1001 Liberty Ave. Pittsburgh, PA 15222 Carlisle Borough Sewer System Authority 53 West South Street Carlisle, PA 17013 Carlisle Borough Water Authority 53 West South Street Carlisle, PA 17013 Stepehn Hietsch, Tax Collector 53 West South Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: First Bank National Association, Trustee, Plaintiff c/o Select Portfolio Servicing, Inc. 3815 South West Temple Salt Lake City, UT 84115 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg PA 17105 Pennsylvania Housing Finance Agency 211 N. Front Street PO Box 8029 Harrisburg, PA 17105 5. Name and address of every other person or entity which has any record lien on the property: None. 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 325 North West Street Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St P.O. Box 320 Carlisle PA 17013 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance ATTN: Sheriffs Sale Section PO Box 218230 Harrisburg, PA 17128-1230 The Internal Revenue Service Special Procedures Branch Federated Investors Tower Thirteenth Fl., Suite 1300 1001 Liberty Ave. Pittsburgh, PA 15222 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 24, 2009 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff € -- -=: _ y? f..,} C.J i ._. ? : _;_ ?",,: i ? v i.. CERTIFICATE TO SHERIFF (Please check appropriate square in each section) SHERIFF'S OFFICE Cumberland County Court House I Courthouse Square, Carlisle, PA 17013 FIRST BANK NATIONAL ASSOCIATION, Trust U/A Dated 3/1/97 (EQCC Home COURT OF COMMON PLEAS Equity Loan Trust 1997-1), CUMBERLAND COUNTY Plaintiff, V. CURTIS W. THOMPSON Defendant(s). NO. 02-5999 I HEREBY CERTIFY THAT: 1 2. 3. The judgment entered in the above matter is based on a mortgage foreclosure action. The Defendant(s) own the property being exposed to sale as: [X] An Individual The Defendant(s) is (are): [X] Resident in the Commonwealth of Pennsylvania Dated: February 24, 2009 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 l? r? ?-C} ?„ E .. f "^? :.i IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FIRST BANK NATIONAL ASSOCIATION, Trust U/A Dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), Plaintiff, V. CURTIS W. THOMPSON, Defendant. NO. 02-5999 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the attorney of record for the Plaintiff, First Bank National Association, Trust U/A dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), in this action against real property and I further certify that this property is: [X] That the Plaintiff has complied in all respects with Section 403 of the HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 which may include but is not limited to: (a) Service of notice on Defendant (b) Expiration of thirty days since the service of the Notice (c) Defendant's failure to request or to appear at a face-to- face meeting with the Mortgagee or with a Consumer Credit Counseling Agency (d) Defendant's failure to file an application for financial assistance with the Pennsylvania Housing Finance Agency I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any false statements given herein. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: !?6, - - X Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 r? -TI CYI J THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff FIRST BANK NATIONAL ASSOCIATION, Trust U/A Dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), Plaintiff, V. CURTIS W. THOMPSON, Defendant. File No. 08-15202 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5999 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Curtis W. Thompson 325 N. West Street, Carlisle, PA 17013 c/o Joseph K. Golberg, Esquire 2080 Linglestown Road, Suite 106, Harrisburg, PA 17110 The house at 325 North West Street, within the Borough of Carlisle, Cumberland County, is scheduled to be sold by the Cumberland County Sheriffs Department on June 10, 2009 at the Cumberland County Court House, I Courthouse Square, Carlisle, Pennsylvania, to enforce the Court judgment of $84,742.56 obtained by Plaintiff, First Bank National Association, Trust U/A dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), against you. i NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Jessica McVittie at (215) 653-7450. 2 You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to so the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Jessica McVittie at (215) 653-7450, or by calling the Cumberland County Sheriffs Department at (717) 240-6100. 2. You may be able to petition the Court to set aside the sale if the sale bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call Jessica McVittie at (215) 653-7450 or by calling the Cumberland County Sheriff s Department at (717) 240-6100. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution date. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 (800) 990-9108 ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the East side of North West Street, said point being at comer of property of Frank E. Robinson and Ella M. Robinson, his wife; thence along said lands in an Easterly direction, 100 feet to lands now or formerly of Pennsylvania Railroad Company; thence along said lands in a :Southerly direction, 15 feet to lands of George K. Brown and Amanda M. Brown, his wife; thence along said lands in a Westerly direction, 100 feet to the East side of North West Street; thence along the East side of North West Street, 15 feet to the place of beginning. HAVING thereon erected the Southern half of a frame dwelling house known as o. 325 North West Street Carlisle, Pennsylvania. Tax Map #20-1798, Parcel 059 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5999 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST BANK NATIONAL ASSOCIATION, Trust U?A Dated 3/01/07 (EQCC Home Equity Loan Trust 1997-1), Plaintiff (s) From CURTIS W. THOMPSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $80,858.88 L.L. $.50 Interest calculated at the legal rate of 6% (per diem rate of $13.29) from 2/29/08 through the date on which the property is sold at Sheriffs Sale Atty's Comm % Due Prothy $2.00 Atty Paid $127.45 Other Costs Plaintiff Paid Date: 2/25/09 urtis R. Long, Prothono (Seal) By: Deputy REQUESTING PARTY: Name: BARBARA A. FEIN, ESQUIRE Address: 425 COMMERCE DRIVE, SUITE 100 FORT WASHINGTON, PA 19034 FORT WASHINGTON, PA 19034 Attorney for: PLAINTIFF Telephone: 215-653-7450 Supreme Court ID No. 53002 Is THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 File No. 08-15202 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff FIRST BANK NATIONAL ASSOCIATION, Ttruste U/A Dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5999 V. CURTIS W. THOMPSON, Defendant. AFFIDAVIT OF SERVICE I, Jessica McVittie, paralegal to Barbara A. Fein, Esquire, Attorney for the Plaintiff, First Bank National Association, Trust U/A dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), hereby certify that I have served a true and correct copy of the Notice of Sheriffs Sale of Real Property on the Defendant, Curtis W. Thompson on March 16, 2009, by certified mail, postage pre- paid, and evidenced by the return receipt executed by the Defendant, Curtis W. Thompson, originals of which are attached hereto. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Q Imir?1. D Sworn to before me this day of 114rrA , 20!?j. Jes*[ca McVittie, Paralegal to Barbara A. Fein, Esquire Attorney for Plaintiff VGY Publi NOTARIAL SEAL JOHN A. LARUE, III, Notary Public Upper Dublin Twp., County of Montgomery My Commission Expires March 28,201o cc. Cumberland County Sheriffs Department. 3/19/20094:05 PM r - --------- Track & Confirm Search Results Label/Receipt Number: 70051150 0000 9706 5991 Status: Delivered Your item was delivered at 7:04 AM on March 16, 2009 in CARLISLE, PA 17013. (A*ftWr0&ft 4?tietrtliriswri?4allrs Home I Help 13 n In Track & Confirm FACIs Enter LaWWReceipt Number. NOt7llbor" 00tiars -- Track & Confine by email Get current event information or updates for your item sent to you or others by email. I 0 SAO Mep Contact u? F rims Govt servk es AM Privacy Policv Tema or use Netional d Premier Accounts te.?i?atrwr t?• Copy %Odt 1999-2007 LISPS. M Rights Reserved. No FEAR Act EEO Data FOW tlrosar,?i 1?a a+rbt yi; j t r r t D }y11/a IltMlrr41lt?sil9 tMlitilti? atum" 41010we"10t>1111w -94owdI0 Yaw ArO76, ad bgr(t+FltMdNo" R DlIMd Miiwtrl? 116 t>l? 1MIM9 ti?ld b tM b?lE d't'i1e ? plllf9R ?' qfl t1f131?? ? . 11. Is dd-w) aldiSwsdlfeNwltfiamawl9 tM1? #. At101 ktr>rr dea N MMr dMNery addrMS batow: 13 NO CUR1`W. THOMPSON 325 N. WEST STREET CARLISLE, PA 17013 W O P-11 I Mall Q?(7.i1Mer?11?4/MRfla?MII: Q*IiluwdUa Mock +. 0*?w0ftftd D Va. $ _ T 7B 5 1141 oad0 97,06 5991 http://trkcnfrml.smi.usps.com/PTSIntemetWeb/h terUbelhxpii y.do 1 ?-- . c '1 rv ? d 4° =' :.?. --a S ?i iV c.,, '?? - ; ?' ?O Y T Y' ` "" C??? --^t ''' CC 4a :r THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff FIRST BANK NATIONAL ASSOCIATION, Ttruste U/A Dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), Plaintiff, V. CURTIS W. THOMPSON, Defendant. File No. 08-15202 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5999 AFFIDAVIT OF SERVICE I, Jessica McVittie, Paralegal to Barbara A. Fein, Esquire, Attorney for the Plaintiff, First Bank National Association, Trust U/A dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), hereby certify that I have served a true and correct copy of the Notice of Sheriffs Sale of Real Property on the Defendant, Curtis W. Thompson on March 16, 2009, pursuant to Pennsylvania R.C.P. 440, by certified mail, postage pre-paid, and evidenced by the return receipt executed by an employee of the Defendant's Attorney, Joseph K. Goldberg, Esquire, originals of which are attached hereto. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Sworn to befor me this j day of /j4/tA , 2009 . 1?, " a[ , ary Publi NOTARIAL JOHN A. LARUE, III, Notary Public Upper Dublin Twp., County of Montgomery My Commission Expires March 28, 2010 BY: Qlk ktW J ica McVittie, Paralegal to Barbara A. Fein, Esquire Attorney for Plaintiff cc. Cumberland County Sheriff's Department. ,.._, 1M l111w1 ?r M ?NM?NMf. yetr e?iMIM? td? Nil1 X E]..AOW 'D AMOM !M?{h! allun? t1w aid to 1 o A- by As d Ntrrny C. d 1ldlralyd. Q Is ddWwyoddowrdlNw?+l'f?mmn if M Ylo f. M®b !oc r M Ys. ~ ddowv md6 s bdow: 13No P- CURTISW- . TriOMPSON CIO JOSEPH K. GOLDBERC., ESQUIRE j 2080 UNGLESTOWN ROAD, SUITE 106 l & ? SWAM MARRISBURG, PA 17110 lro"w Md col md D mod a raw tlro*i *I- Pi Ift - CJ bmWad Md n CAM 4. Fa?a M&MY7:0Ms ftO o w• Z' 70.05 1160 05.00 9796 5984 ei I. PMwv 2 ti ?o rNs lMM?n i - F W Y L r'1 . 1 -V Lu .. ° --1 L THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff FIRST BANK NATIONAL ASSOCIATION, Ttruste U/A Dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), Plaintiff, V. CURTIS W. THOMPSON, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5999 ASSIGNMENT OF JUDGMENT TO THE PROTHONOTARY: File No. 08-15202 Kindly assign the judgement entered on December 3, 2008, in the amount of $84,742.56, to the use of "EquiCredit Corporation ofAmerica", whose address is c/o Select Portfolio Servicing, Inc. 3815 South West Temple, Salt Lake City UT 84115, the successor in interest to Plaintiff, First Bank National Association, Trust U/A dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1). Attached is a true and correct copy of the Assignment of Mortgage evidencing the transfer of Plaintiffs interest. (Exhibit "A" appended hereto). Dated: May 6, 2009 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff cc. Cumberland County Sheriff's Department i(GC4 °' , . "EGLEP, Recording Requested By: RE,,OF OErCI EquiCredit Corporation ; .. ,,L>'IND, 00UNTY When Recorded Return To: 7 L? :. Hf9 11 Michelle Williams - EquiCredit Corporation 9000 Southaide Blvd. Bldg 400 4th FL Jacksonville, FL 32256- CORPORATE ASSIGMIM OF XORTGAGE 1=151MIN CUMBERLAND COUNTY, PENNSYLVANIA SELLER'S SERVICINGM: 8330000485 " MMPSON' EQIUI01 Date of Assignment: 04/27/2004 Assignor: FIRST BANK NATIONAL ASSOCIATION, TR U/A DTD 03/01/97 (EQCC HOME EQUITY LOAN. TRUST 1997-1) BY EQUICREDIT CORPORATION OF AMERICA, ATTORNEY-IN-FACT, at 9000 SOUTHSIDE BLVD, BLDG 400, 4TH FLOOR, JACKSONVILLE, FL 32256 Assignee: EQUICREDIT CORPORATION OF AMERICA at 10401 DEERWOOD PARK BLVD., JACKSONVILLE, FL 32256 Date of Mortgage/Deed of Trust/Security Deed: 01/30/1997 Executed By: CURTIS W.,THOMPSON, UNMARRIED To: EQUICREDIT CORPORATION OF PA Recorded 02/06/1997 in Book/Reel/Liber 1364 Page/Folio 342 In CUMBERLAND COUNTY, PENNSYLVANIA Borough of CARLISLE. I do certify that the precise address of EQUICREDIT CORPORATION OF AMERICA is 10401 od,Berk Bt Jacksonville, FL 32256 Attested ed By By: : /H'-/? -Assigned by EQUICREDIT CORPORATION OF PA TO FIRST BANK NATIONAL ASSOCIATION TR U/A DTD 3/01/97 ( HOME EQUITY LOAN TRUST 1997-1) Recorded 12/08/1997 in Book/Reel/Liber 563 Page/Folio 764 Property Address: 325 WEST STREET CARLISLE, PA 17013, situated in the Borough of CARLISLE, County of Cumberland, in the Commonwealth of Pennsylvania. KNOW ALL MEN BY THESE PRESENTS that in consideration of the sum of TEN and NO/100ths DOLLARS and other good and valuable consideration, paid to the above named Assignor, the receipt and sufficiency of which is hereby acknowledged, said Assignor hereby assigns unto the above-named Assignee, the said mortgage together with the Note or Notes or other evidence of indebtedness (the "Note"), said note having an original principal sum of $55,250.00 with interest, secured thereby, together with all moneys now owing or that may hereafter become due or owing in respect thereof, and the full benefit of all the powers and of all the covenants and provisos therein contained, and the said assignor hereby grants and conveys unto the said assignee, the assignor's beneficial interest under the Security Instrument. TO HAVE AND TO HOLD the said Security Instrument and Note, and also the said property unto the said assignee forever, subject to the terms contained in said Security Instrument and Note. Furthermore, I do certify that the precise address of the within named Assignee is at 10401 DEERWOOD PARK BLVD., JACKSONVILLE, FL 32256. EqulCredit Corporation of America, a Delaware corporation, is executing this Assignment by and through its duly authorised corporate officer by authority granted it pursuant to a certain Limited Power of Attorney executed by First Bank National Association, in its designated fiduciary capacity. First Bank National Association, TR U/a DTD 03/01/97 (EQCC Home Equity Loan Trust 1997-1) by EquiCredit Corporation of Americ A torney-in-Fact, Poa reed onBk. Pg-LZ7 On April 27, 2004 By/:fl.(17A D./ b?VIS, ASST. VICE PRESIDENT KLH/2004042UNS GENERIC CVMEIERLANO PA BAT: 77335 KAPAMOR1 EXHIB IT "A" BOOK 708 PACE 40197 X7, 40 4,9,y 10G+O q,Z.r Page 2 Corporate Assignment of Mortgage STATE OF Florida COUNTY OF Duval ON April 27, 2004, before me, Patricia L. Duke, a Notary Public in and for the County of Duval County, State of Florida, personally appeared D. DAVIS, ASST. VICE PRESIDENT of EquiCredit Corporation of America, Attorney-in-Fact, Poa recd on Bk. Pg.//76, 9000 SOUTHSIDE BLVD BLDG 400, 4TH FLOOR, as a mrille, FL 32256, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) ac ex cuted the in t t 6Velfii? L. Duke Notary Expires: 01/21/2007 #DD 152360 MY C010I8 A#D0152360 y3* EXPIRES: January 21, 2007 OW4WTMuadpWWySwi (This area for notarial seal) E uiCredit Cor ration of America KL 40426A0a6 GENERIC CUMBERLAND PA SAT: 773306300aW65 KAPAMDR7 -c;r!:i 17;/ tliist?to be d CoulityrPA BOOK 708 PALE O.% 2Q09 MAY I ! PB 4'. 04 moo?i?? CK!--i 707y2, R„?. ?rps3 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff FIRST BANK NATIONAL ASSOCIATION, Ttruste U/A Dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), Plaintiff, V. CURTIS W. THOMPSON, Defendant. File No. 08-15202 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5999 CERTIFICATION OF NOTICES OF SALE TO LIENHOLDERS I, Jessica McVittie, Paralegal to Barbara A. Fein, Esquire, attorney for Plaintiff, hereby certify that upon information and belief, diligent efforts have been made to identify all persons/entities having mortgages, judgments, liens, or other interest in the subject premises of the foreclosure proceeding, and that such persons/entities have been sent Notices of Sheriffs Sale (attached hereto as Exhibit "A") and that said Notices were duly served upon them in accordance with Pennsylvania Rule of Civil Procedure Rule 3129. (Proof of mailing with a postmark date of May 4, 2009, is appended hereto and incorporated herein by reference as Exhibit 'B"). I declare under penalty of perjury that the foregoing is true and correct. May 7, 2009 THE LAW OFFICES OF BARBARA A. FEIN, P.C. 1?4 ) ni ?? P BY: Jessi McVittie, Paralegal to Barbara A. Fein, Esquire Attorney for Plaintiff cc. Cumberland County Sherijfs Department. BARBARA A. FEIN ATTORNEY-AT-LAW SUITE 100, 425 COMMERCE DRIVE FORT WASHINGTON, PA 19034 (215) 653-7450 FAX (215) 6543-7454 NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE TO: All Parties in Interest and Claimants OWNER(S): Curtis W. Thompson PROPERTY: 325 North West Street Improvements: Two Story, Attached, Single Family Residential Dwelling Cumberland County CCP No. 02-5999 Borough of Carlisle County of Cumberland, PA Please be advised that the above captioned property (and any improvements thereon) is scheduled to be sold by the Cumberland County Sheriffs Department on June 10, 2009 at the Cumberland County Court House, l Courthouse Square, Carlisle, Pennsylvania. This sale is scheduled pursuant to a judgment entered in the amount of $84,742.56in the Court of Common Pleas for Cumberland County. Our records indicate that you may hold a mortgage or judgment on the property which may be extinguished (removed) by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You may call the You may call the Cumberland County Sheriffs Department at (717) 240-6100 for the date on which the distribution schedule will be posted. Sincerely, THE LAW OFFICES OF BARBARA A. FEIN, P.C. e)04? , - Barbara A. Fein, Esquire Attorney for Plaintiff r ; Dated: 9'?Cq EXHIBIT File No. 08-15202 "A" ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the East side of North West Street, said point being at comer of property of Frank E. Robinson and Ella M. Robinson, his wife; thence along said lands in an Easterly direction, 100 feet to lands now or formerly of Pennsylvania Railroad Company; thence along said lands in a Southerly direction, 15 feet to lands of George K. Brown and Amanda M. Brown, his wife; thence along said lands in a Westerly direction, 100 feet to the East side of North West Street; thence along the East side of North West Street, 15 feet to the place of beginning. HAVING thereon erected the Southern half of a frame dwelling house known as o. 325 North West Street Carlisle, Pennsylvania. Tax Map #20-1798, Parcel 059 rl -3 ,A- 90 tA > W N CD Ada g ? M d ? tTl °'z z a M w LA OV ON c'! Z -, o ?? ?R ?:?(-D .rte °v?ce v G r-? "'3 GL C? O O o ,? CD 0 z co CD (D ;g ?r 0 a? ? Cr 'R "ter b?, ?? aap b z N CA CD CD aq --4 CD 4?, 0 -4 Sr 8 LA CD (D V] R W (D W !D ?.' W N "a CD O N G ? N c: d C a a b<? co a' tb o o ?r? 7 C ~a O y ? O a ??T9 N N N N N A :p 0 ? ? N N N ? 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C O?t M R p a H ? ? m W ° f? fl $pEl 7Y' Ei a? d N y a? 0 b ? u oh N N 0 0 N N 0 0 `TI NY aD ? H C ? A f7 H ? d C b ? oC? f??D A N 0 O b Ow0 N c CD ? ? ? p cD ??„?a IrD Oc CD nx CD 7 a ? oa ° cD o ? ?a C CD < y C G. r m y ??a ^y° o ?0 ??..CD CL 5 Y ? ? n k C N o)-o W vr- V O C1 N w O M A t0 OF THE 2009 MAY I I F?j 4* 04 7 CA,' J Ji'wt PENNSYLV" ' w CIVIL ACTION - LAW AMENDED RESPONSE & COUNTER-COMPLAINT WITH NEW MATTER TO CIVIL COMPLAINT IN MORTGAGE FORECLOSURE Court of Common Pleas Civil Division Cumberland County No. 02-5999 First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff VS. Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Defendant AMENDED COUNTER COMPLAINT AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Defendant respectfully requests that the Court enter an Order dismissing a grant for summary judgment in favor of the Plaintiff in the above-captioned matter and in support thereof avers as follows: There are major material issues of fact in dispute regarding the loan processed for defendant. As a matter of fact the purported mortgage and note and the actions taken by Plaintiff contain unfair trade practices and predatory lending practices as outlined in several class action suits against mortgage companies (Equi-Credit Corporation, Select Portfolio Services and Fairbanks Capitol) that held title to a mortgage lien for property located at 325 North West Street Carlisle, PA that resulted in settlements against the mortgage companies. (Samuel v. Equi-Credit Corporation C.A. No. 00-6196 (E.D. Pa), Orr v. Equi-credit Corporation of PA No 01-256 (W.D.PA) No 2:02 -CV- 2394-ER (E.D. PA. 2002. And Curry v. Fairbanks Capital Corporation, No. 03-12219 (D. Mass. 2003), (Case No. 03-10895- dpw United States District Court of Massachusetts). Both loan companies were charged by the Federal Trade Commission for unfair and predatory lending practices in connection with refinanced loans in Pennsylvania which resulted in a $40 million class action suit of which Defendant qualifies as a party. 2. Defendant alleges that Plaintiff is an entity of Fairbanks Capitol, Inc. 3. Defendant alleges that Plaintiff as an entity of Fairbanks Capitol Inc. violated several federal laws, including the FTC Act, the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Real Estate Settlement Procedures Act (RESPA) enforced by HUD. 4. Defendant alleges that First National Bank Trust Association (Fairbanks Capitol, Inc) violated several provisions of the FDCPA, in connection with collecting loans that were in default when Fairbanks obtained them. Specifically, the Defendant alleges that Plaintiff falsely represented the character, amount, and legal status of his debt; communicated or threatened to communicate credit information which was known or which should have been known to be false, including the failure to communicate that a debt was disputed; used false representations or deceptive means to collect or attempt to collect a debt, or to obtain information concerning a consumer; collected amounts not authorized by the agreement or permitted by law; and failed to validate debts. 5. Defendant alleges that Sheetal R. Shah-Jani, Esquire of Phelan, Hallinan, & Schmieg (Attorney for Plaintiff) is in liable for pursuing a foreclosure suit they know to be deceptive in direct violation of the Fair Debt Collection Practices Act.. Note: In Kaltenbach v. Richards, 464 F. 3D 524 (5`h Cir. 2006), the Fifth Circuit of Appeals Court ruled that a party who satisfies a statute's general definition of a debt collector is subject to the entire FDCPA even when enforcing a security interest. Wherefore, Defendant respectfully requests that the Honorable Court dismiss Plaintiff's request for rem judgment in its favor for the amount due plus interest and costs as prayed for in Plaintiffs Affidavit in support of the Motion for Summary Judgment. In addition, Defendant respectfully prays that the Cumberland County Court of Common Pleas grant the following relief: 1. The dismissal of First Bank National Association Trust, 338 Warminster Road, Hatboro, PA 19040 as a Plaintiff in this matter. 2. Resolution remedy to include dismissal, rescission, or renegotiation of the entire mortgage and note. 3. Costs of litigation for the Defendant's attorneys. 4. Relief for breach of contract, unjust enrichment, breach of fiduciary duty. 5. Court ordered independent accounting of Defendants escrow and mortgage accounts controlled by Equi-Credit, Fairbanks Capital, and Select Portfolio Servicing. 2 f 6. Issue an Order declaring the First Bank National Association Trust U/A as described above are in violation of the statutes and regulations set forth above. 7. Issue an Order declaring that the Plaintiff was a cooperative partner that engaged in a pattern or practice of extending credit to consumers based on the consumers' collateral without regard to the consumers' repayment ability. 8. Issue an Order enjoining the Plaintiff from continuing to engage in the illegal, unfair and deceptive practices described above. 9. Issue an Order enjoining the Plaintiff from initiating or continuing foreclosure proceedings with respect to Defendant's home. 10. Treble damages. 11. Hold Sheetal R. Shah-Jani, Esquire of Phelan, Hallinan, & Schmieg, LLP liable for filing a mortgage foreclosure action that is in direct violation of the Fair Debt Collection Practices Act and award damages as deemed appropriate. 12. Any other relief the court deems just and proper. o aoo g to Respectfully Submitted, Curtis W. Thompson De en ant and Owner of prop y located At 325 North West St. Carlisle, PA 17013 3 too 4? & CIVIL ACTION - LAW AMENDED RESPONSE & COUNTER-COMPLAINT WITH NEW MATTER TO CIVIL COMPLAINT IN MORTGAGE FORECLOSURE Court of Common Pleas Civil Division Cumberland County No. 02-5999 First Bank National Association Trust U/A Dated 03/01/97 (EQCC Home Equity Loan Trust 1997-1) 338 South Warminster Road Hatboro, PA 19040 Plaintiff VS. Curtis W. Thompson 325 North West Street Carlisle, PA 17013 Defendant AMENDED COUNTER COMPLAINT AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Defendant respectfully requests that the Court enter an Order dismissing a grant for summary judgment in favor of the Plaintiff in the above-captioned matter and in support thereof avers as follows: 1. There are major material issues of fact in dispute regarding the loan processed for defendant. As a matter of fact the purported mortgage and note and the actions taken by Plaintiff contain unfair trade practices and predatory lending practices as outlined in several class action suits against mortgage companies (Equi-Credit Corporation, Select Portfolio Services and Fairbanks Capitol) that held title to a mortgage lien for property located at 325 North West Street Carlisle, PA that resulted in settlements against the mortgage companies. (Samuel v. Equi-Credit Corporation C.A. No. 00-6196 (E.D. Pa), Orr v. Equi-credit Corporation of PA No 01-256 (W.D.PA) No 2:02 -CV-2394-ER (E.D. PA. 2002. And Curry v. Fairbanks Capital Corporation, No. 03-12219 (D. Mass. 2003), (Case No. 03- 10895-dpw United States District Court of Massachusetts). Both loan companies were charged by the Federal Trade Commission for unfair and predatory lending practices in connection with refinanced loans in Pennsylvania which resulted in a $40 million class action suit of which Defendant qualifies as a party. 5. Defendant was unaware of predatory lending practices in processing loan agreement and is unaware of any loan agreed to with First Bank National Association Trust. To the best of Defendant's knowledge this bank does not exist. Attempts to contact bank were unsuccessful and all communications were forwarded to Fairbanks Capitol Corporation in Salt Lake City Utah. 6. Defendant's response and counter claim is based on the following federal and state consumer protection laws: the Truth in Lending Act, 15 U.S.C. 1601 et seq. ("TILA"), the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. 1602 et seq. ("HOEPA"), the Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et seq.("RESPA"), the Equal Credit Opportunity Act, 15 U.S.C. 1691 et seq. (ECOA"), the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P. S. 201-1 et seq. ("CPL" or "UDAP"), the Pennsylvania Credit Services Act., 73 P.S. 2181-2192 ("CSA"), the Pennsylvania Home Improvement Finance Act, 73 P.S. 500-101 et seq.("HIFA"), the Pennsylvania Loan Interest and Protection Law, known as Act No. 6 of 1974, 41 P. S. 101 et seq. ("Act 6") and under other Pennsylvania statutory and common law. 7. In the matter of Orr v. Equi-Credit defendant alleges as a matter of fact that Equi- Credit exploited and corrupted the loan broker - client relationship by entering into secret agreements with mortgage (American Mortgage Reduction, Camp Hill, PA, which is no longer in business) to pay (the) loan broker significant fees to persuade defendant to accept Equi-Credit loans. In exchange for hefty referral fees, the broker abandoned their duties to search for favorable loans for defendant, and instead, channeled the defendant into Equi-Credit loans. Note: In Pennsylvania lawsuit (Orr v. Equi-Credit) lender was alleged to have paid kickbacks to brokers for services. In a 14 count class action suit it was alleged that Equi-Credit paid loan brokers thousands of dollars in illegal referral fees to funnel their residential mortgage clients to Equi-Credit. The suit affected thousands of Pennsylvania homeowners who obtained their first or second mortgages from Equi-Credit. The broker fees were then passed on to borrowers in the form of higher finance charges and/or higher loan amounts. Furthermore, it was alleged that Equi-Credit Corporation targeted minorities in low-income neighborhoods who were considered high-risk borrowers. It should be noted that Defendant was under employed and was in an active bankruptcy and is a minority As a result, Equi-Credit violated the TILA, the Equal Credit Opportunity Act, the Real Estate Settlement and Procedures Act, the Homeowner and Equity Protection Act. 8. Defendant seeks equitable relief in the form of rescission of their mortgages, plus statutory damages, actual damages, treble damages, punitive damages, attorneys' fees and costs. 9. Defendant alleges as fact that Equi-Credit markets itself as a "pioneer" in the so- called subprime lending industry, with more than forty years of "tradition." see www.EquiCredit.com. 10. Defendant alleges as fact that Equi-Credit specializes in making loans to consumers with below average credit histories. As an industry, subprime lending has experienced tremendous growth in recent years. From 1993 to 1998, subprime-refinancing lending increased 890 percent, while refinancing by prime lender grew by only 2.5 percent. R. Scheesele, 1998 HMDA Highlights, U.S. Department of Housing and Urban Development (September 1999) 11. Defendant alleges as fact that Equi-Credit and its parent company U.S. Bank National Association packages its loans to consumers and issues mortgage-back securities to raise additional capital for its operations. For example, the Prospectus Supplement shows a pooling by Equi-Credit of 12,781 mortgage loans from 48 states, including 1,343 from Pennsylvania. The total principal balance of the loans was $825,683,542.96. Prospectus Supplement at 5-21, 22. 12. In the matter of the United States of America v. Select Portfolio Servicing, Inc (formerly Fairbanks Capital Corp.) A Utah Corporation, SPS HOLDING CORP. (Formerly Fairbanks Capital Holding Corp.), A Delaware corporation, and THOMAS D. BASMAKAN the Defendant alleges as fact in dispute that a claim upon which relief may be granted against Plaintiff under Sections 5 (a), 5(m)(1)(A), and 13(b) of the FTC Act, 15 U.S.C 45(a), 45(m)(1)(A), and 53(b); the FDCPA, 15 U.S.C 1692 et seq., as amended; the FCRA, 15 U.S.C. 1681 et seq., as amended; Sections 6 and 16 and of the RESPA, 12 U.S.C. 2605 and 2614 ; and Section 3500.21of Regulation X, 24 C.F.R. Pt. 3500.21. Furthermore predatory lending practices by the Plaintiff have in fact affected commerce in Pennsylvania as well as throughout the Nation. Commerce is defined in section 4 of the FTC Act, 15 U.S.C. 44. 13. Defendant disagrees with Plaintiff's affidavit reflecting figures and amounts due and owing to Plaintiff. 14. Defendant was eligible for Act 91 of 1983 when the loan was considered in default. Plaintiff never provided Defendant an opportunity to remedy alleged default. 4 15. Defendant disagrees with reinstatement quote on August 23, 2005 that payment history was not an accurate and true representation of loan payments made by Defendant. 16. Defendant disagrees that a copy of loan history was true and accurate. Loan history does not reflect payment made by the Pennsylvania Housing Finance Agency in the amount $4013.13, bankruptcy payments to Fairbanks Capital $6983.13, PA House of Representatives payments $4161.00 and Select Portfolio Servicing payments $20061.00. 17. Defendant agrees that Chapter 13 bankruptcy in the Middle District of Pennsylvania was filed docket number 1-03-00052. 18. Defendant agrees that a court order was issued to garnish Defendant's wages. Garnished payments were not sent in payment to alleged loan. 19. Plaintiff alleges that Defendant dismissed and disregarded mortgage payment arrangement ordered by the Honorable Mary D France. When in fact it was the Plaintiff who disregarded mortgage payment arrangement, thereby violating a court, ordered bankruptcy order. 20. Plaintiff ignored and violated payment terms set forth by the Bankruptcy Court and accepts responsibility for the error. Defendant alleges that Plaintiff accepted the payment arrangements set forth in the Bankruptcy proceeding and should be held accountable. 21. Defendant disagrees that Bankruptcy payments were properly accredited to Plaintiffs loan history. When in fact the bankruptcy payments were accredited to lawyer accounts and not the Defendant's mortgage account 22. Defendant disagrees that Plaintiff is rightfully entitled to move forward with its Motion for Summary Judgment. 23. Defendant has no knowledge of a discussion regarding the terms offered as a remedy to this delinquent mortgage. Exhibit B 24. Defendant offered to resolved loan delinquency as detailed in Exhibit B. 25. Defendant has presented overwhelming evidence that this loan was a result of a predatory lending scheme, which contradicts the averments of Plaintiff's Complaint. 5 26. Defendant disagrees that the with Plaintiff's request for attorney's fees in preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. 27.. As of October 10/21/05, Plaintiff (U.S. Bank National Association) is no longer accepting communications at their address. Plaintiff is in fact referring all communications to Fairbanks Capital Corporation. It should be noted that Fairbanks Capital is doing business as Select Portfolio Servicing. 28. Defendant has no knowledge of Plaintiffs whereabouts. Exhibit A 29. Defendant has no knowledge of Plaintiff s address. 30. Defendant alleges that Plaintiff is not an active National Bank as of August 31, 2005. 31. Defendant was not sent an "Act 91" notice giving the borrower 30 days to meet the lender or a consumer credit agency listed in the notice. 32. Defendant alleges that Fairbanks Capital Corporation uses unfair, deceptive, and illegal banking practices by mis-servicing residential mortgages that it owns or services for another entity. 33. Defendant alleges that Fairbanks Capital Corporation routinely seeks to collect and does collect "late charges," "inspection fees", "recoverable borrower fees," "corporate legal cost advances," unnecessary hazard insurances premiums and other fees and charges that are not legally due under the contract in Pennsylvania law concerning collection of fees, costs and charges. The fees, costs and charges are demanded and collected in the context of reinstatement agreements and in other contents, such as reinstatement demands, foreclosure and loan payoffs. 34. Defendant alleges that Fairbanks Capital Corporation victimizes Pennsylvania residential mortgagors with its practice of force placing hazard insurance covering properties, securing loans owned or serviced by Fairbanks Capital and charging its consumer customers unnecessary and excessive insurance premiums. The improper charging of insurance often results in placing the consumers in default of the terms of their mortgages, resulting in further improper and unauthorized fees and charges to their escrow accounts, which are controlled by Fairbanks Capital Corporation. 6 35. Defendant alleges that Plaintiff unnecessarily pays Defendant's real estate tax assessment so they can add the amount to the loan principal, thereby, accelerating the loan into further arrears. 36. Defendant alleges that Fairbanks Capital Corporation charging of and collecting such fees, costs, and charges are prohibited by the uniform mortgage loan documents that govern the transactions between Fairbanks Capital Corporation and its consumer customers as well as the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. section 2270.1 et seq ("FCEUA"), constituting unfair and deceptive acts and practices under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P. S. section 201-1 et seq. ("CPL"). These laws prohibit creditors and debt collectors from engaging in abusive, deceptive and unfair collection practices. 31. Defendant alleges that Fairbanks Capital Corporation paid $40 million settlement to resolve their widespread loan servicing abuses to consumers whose loans were serviced by Fairbanks Capital Corporation between January 1, 1999 and December 10, 2003. Plaintiff refuses to provide a payment history from Equi- Credit, to Fairbanks Capital Corporation, to Select Portfolio Servicing. 38. Defendant alleges and has reason to believe that Equi-Credit is doing business as First Bank National Association Trust, 338 South Warminister Road, Hatboro, PA 19040. 39. Defendant alleges that Select Portfolio Servicing Inc. has not complied with all of the requirements of the Fairbanks Capital Corporation and Federal Trade Commission Consent Order in November 2003. 40. Defendant alleges that Plaintiff s loan was equity based and not the Defendant's income or ability to pay. 41. Defendant alleges that high attorney's fees and points were financed in the loan by Equi-Credit Corporation, and Fairbanks Capital Corporation that resulted in Class action suits against both 42. Defendant alleges that Plaintiff violated the Federal Truth in Lending Act (TILA) by not disclosing that the mortgage broker fee was not disclosed as a finance charge. Failure to disclose the broker fee was a TILA violation, and the defendant has a right to rescind the mortgage even though the plaintiff was the assignee and not the original lender. 7 43. Defendant alleges that mortgage was not 24 months in arrears. Therefore, it was necessary for the Plaintiff to send an "Act 91" notice that would give the Defendant 30 days to meet the lender or a consumer credit agency listed in the notice. Defendant has not received any settlement offer 44. Defendant alleges that Select Portfolio Servicing has entered into an agreement to refund hundreds of thousands of dollars to homeowners due to predatory servicing practices. 45. Defendant alleges that the Federal Trade Commission charged Fairbanks Capital Corporation with defrauding 280 thousand homeowners. Fairbanks Capital paid out a settlement of $40 million and changed its name to Select Portfolio Servicing. 46. Defendant alleges that Plaintiff is charging over inflated lawyers fees to push the amount owed so high that it will make it hard or impossible for Defendant to be granted confirmation in a Chapter 13 Bankruptcy. 47. Defendant has referred this matter to the Federal Trade Commission, Consumer Response Center, 600 Pennsylvania Avenue N.W., Washington, D.C. 20580. Case Number 595293. 48. Defendant contests amount owed to Plaintiff is inaccurate. Exhibit C 49. Defendant contends that the Pennsylvania Housing Finance Agency paid amount covering mortgage arrears that are not reflected in Plaintiff s accounting history. 50. Defendant offered payment arrangement that was not given an answer. Exhibit B 51. Defendant alleges that attorney for Plaintiff (Sheetal R. Shah-Jani, Esquire of Phelan, Hallinan, & Schmieg) is pursuing a foreclosure suit in direct violation of the Fair Debt Collection Practices. In Kaltenbach v. Richards, 464 F. 3D 524 (5d' Circuit 2006) The Fifth Circuit of Appeals ruled that a party who satisfies a statute's general definition of a debt collection is subject to the entire Fair Debts Collections Practices Act even when enforcing a security interest. 8 Wherefore, Defendant respectfully requests that the Honorable Court dismiss Plaintiff's request for rem judgment in its favor for the amount due plus interest and costs as prayed for in Plaintiff s Affidavit in support of the Motion for Summary Judgment. In addition, Defendant respectfully prays that the Cumberland County Court of Common Pleas grant the following relief: 1. Motion to grant Defendant more time to retain the services of an attorney to review the original loan documents and address all predatory lending allegations and discrepancies that were revealed in the Equi-Credit Corporation, and Fairbanks class action suits. 2. The dismissal of First Bank National Association Trust, 338 Warminister Road, Hatboro, PA 19040 as a defendant in this matter. 3. Resolution remedy to include dismissal, rescission, or renegotiation of the entire mortgage and note. 4. Costs of litigation for the Defendant's attorneys. 5. Relief for breach of contract, unjust enrichment, breach of fiduciary duty. 6. Court ordered independent accounting of Defendants escrow and mortgage accounts controlled by Equi-Credit, Fairbanks Capital, and Select Portfolio Servicing. 7. Issue an Order declaring the First Bank National Association Trust U/A as described above are in violation of the statutes and regulations set forth above. 8. Issue an Order declaring that the Plaintiff was a cooperative partner that engaged in a pattern or practice of extending credit to consumers based on the consumers' collateral without regard to the consumers' repayment ability. 9. Issue an Order enjoining the Plaintiff from continuing to engage in the illegal, unfair and deceptive practices described above. 10. Issue an Order enjoining the Plaintiff from initiating or continuing foreclosure proceedings with respect to Defendant's home. 11. Treble damages. 12. Hold Sheetal R. Shah-Jani, Esquire of Phelan, Hallinan, & Schmieg, LLP liable for filing a mortgage foreclosure action that is in direct violation of the Fair Debt Collection Practices Act and award damages as deemed appropriate. 13. Any other relief the court deems just and proper. Respectfully Submitted, Curtis W. Thompson gv„ts_. ?O?abo ? Date 11I ?? Defendant and Owner of property located At 325 North West St. Carlisle, PA 17013 9 co CERTIFICATE OF SERVICE I, Curtis W. Thompson, hereby certify that on June 10, 2008 I served copies of my amended response and counter-complaint with new matter to civil complaint in mortgage foreclosure on the following parties by way of United States Mail: 1. First Bank National Association Trust Q, 338 South Warminister Road Hatboro, PA 19040 `lea dZ-5999 2. Sheetal R. Shah-Jani, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Blvd. - Suite 1400 Philadelphia, PA 19103 Date v C ?y W . 3a b n- W? Curtis W. Thompson 325 North West St. Carlisle, PA 17013 { R t x y may.;, OD co -c 2. Defendant is unaware of any legal action seeking a rem judgment in this mortgage foreclosure action. 3. Defendant disagrees that an admission to all allegations related to the Complaint by Plaintiff. Defendant only agrees that a loan was entered into only to discover later that the loan process was unfair, deceitful, and predatory. 4. In the matter of Mildred Samuel v. Equi-Credit Corporation, U.S. Bank National Association a class action complaint was filed seeking relief from predatory mortgage lending practices of a non-bank home equity lender, Equi-Credit Corporation ("Equi-Credit"), a wholly owned subsidiary of Bank of America. These practices violated numerous federal and state consumer protection laws. The specific predatory practices challenged include the following: 1. Equi-credit relies almost exclusively on brokers to obtain loan applications from homeowners. Because of Equti-Credit's policies and practices, its loans include excessive fees to the brokers. The broker fees paid by Equi-Credit from its customer's loans are in reality compensation from Equi-Credit to the brokers for the referral of business, and are not based on valid enforceable broker contacts established between a broker and a consumer prior to the broker obtaining credit information and applying for loans on the consumer's behalf. Equi-Credit does not require brokers to submit a written broker fee agreement with the loan application. The only point at which a written "broker agreement" is obtained is at the loan closing, as part of the loan contract, so that the consumer has no meaningful opportunity to decide whether to engage a broker and pay him a separate fee. 2. A "bait and switch" lending scheme whereby homeowners are induced to apply for home improvement financing, that Equi- Credit arranges and offers only a first mortgage refinancing loan, dictating the amounts to be included in the mortgage loans without regard to the amount sought by the borrower, so that Equi-Credit and its brokers can make a more expensive loan and obtain a first position lien on borrower's home. 3. Equi-Credit's high-cost loans are frequently made to borrowers who lack the reasonable ability to repay the loans, and therefore put the borrowers at high risk of losing their homes. Defendant alleges that mortgage loan was a result of predatory lending practices outlined in Samuel v. Equi-Credit Corporation U.S. Bank National Association, Trustee, Orr v. Equi-Credit, Curry v. Fairbanks Capital Corporation, and Select Portfolio Servicing, Inc. (Formerly Fairbanks Capital corp), a Utah corporation, SPS Holding Corp.) (Formerly Fairbanks Capital Holding Corp.), a Delaware corporation, and Thomas D. Basmajian, 2 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5999 Civil Term First Bank National Association, Trust U/A Dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1) VS Curtis W. Thompson William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 10, 2009 at 1939 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit, Curtis W. Thompson, by making known unto Curtis W. Thompson, personally, at, 325 N. West Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0900 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Curtis W. Thompson, located at, 325 N. West Street, Carlisle, Cumberland County Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Curtis W. Thompson, by regular mail to his last known address of 325 N. West Street, Carlisle PA 17013. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 14.91 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 9.00 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 228.71 RLED-?-Y.'r;E Share of Bills 15.43 Post Pone Sale 40.00 2Qu9 Cr'T 12 PM 11: 11 760.55 a r Y So Ans ers R. Thomas Kline, Sheriff By A 1% 1??& 0 u Real Estate oordinator ck. 11 -2 '7 ?r 317;? 9 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 Jacqueline F. McNally, Esq. / I.D. No. 201332 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff FIRST BANK NATIONAL ASSOCIATION, Trust U/A Dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), Plaintiff, V. CURTIS W. THOMPSON, Defendant. File No. 08-15202 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5999 AFFIDAVIT UNDER PA. RCP RULE 3129 First Bank National Association, Trust U/A dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 325 North West Street, Borough of Carlisle, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: Curtis W. Thompson 325 N. West Street, Carlisle, PA 17013 c/o Joseph K. Golberg, Esquire 2080 Linglestown Road, Suite 106, Harrisburg, PA 17110 2. Name and address of each Defendant named in the judgment: Curtis W. Thompson 325 N. West Street, Carlisle, PA 17013 c/o Joseph K. Golberg, Esquire 2080 Linglestown Road, Suite 106, Harrisburg, PA 17110 11 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17103 U.S. Treasury Dept. 601 Market Street Philadelphia, PA 19106 U.S. Treasury Dept. Federal Building 1001 Liberty Ave. Pittsburgh, PA 15222 Carlisle Borough Sewer System Authority 53 West South Street Carlisle, PA 17013 Carlisle Borough Water Authority 53 West South Street Carlisle, PA 17013 Stepehn Hietsch, Tax Collector 53 West South Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: First Bank National Association, Trustee, Plaintiff c/o Select Portfolio Servicing, Inc. 3815 South West Temple Salt Lake City, UT 84115 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg PA 17105 Pennsylvania Housing Finance Agency 211 N. Front Street PO Box 8029 Harrisburg, PA 17105 5. Name and address of every other person or entity which has any record lien on the property: None. 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 325 North West Street Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St P.O. Box 320 Carlisle PA 17013 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance ATTN: Sheriffs Sale Section PO Box 218230 Harrisburg, PA 17128-1230 The Internal Revenue Service Special Procedures Branch Federated Investors Tower Thirteenth Fl., Suite 1300 1001 Liberty Ave. Pittsburgh, PA 15222 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 24, 2009 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff it By:.*; +; Feb-27-09 1:32PM; Page 2 T 'HE LAW OFFICES OF BARBARA A. FEIN, P. C. larbara A. Fein, Esquire / I.D. No. 53002 :risten I Little, Esquire / I.D. No. 79992 acqueline F. McNally, Esq. / T.D. No. 201332 ,25 Commerce Drive, Suite 100 'ort Washington, PA 19034 215) 653-7450 Utornev for Plaintiff FIRST BANK NATIONAL ASSOCIATION, Trust U/A Dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), Plaintiff, V. CURTIS W. THOMPSON, Defendant. File No. 08-15102 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-5999 NOTICE OF SHERIFF'S SALE OF REAL PRUPER'I'Y TO_ Curtis W. Thompson 325 N. West Street, Carlisle, PA 17013 c/o Joseph K. Golberg, Esquire 2080 Linglestown Road, Suite 106, Harrisburg, PA 17110 The house at 325 North West Street, within the Borough of Carlisle, Cumberland County, is scheduled to be sold by the Cumberland County Sheriffs Department on June 10, 2009 at the Cumberland County Court House, I Courthouse Square, Carlisle, Pennsylvania, to enforcethe Court judgment of $80,858.88 obtained by Plaintiff, First Batik National Association, Trust U/A dated 3l1l97 (EQCC Home Equity Loan Trust 1997-1), against you. Sent By:.*; • +; Feb-27-09 1:32PM; Page 3/5 P NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late harges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call essica McVittie at (215) 653-7450. 2 You may be able to stop the sale by filing a petition asking the Court to strike or open Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the for good cause. 3. You may also be able to stog, the sale through other legal proceedings. You may need attorney to assert your rights. The sooner you contact one, the morechance you will have of pping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE XQUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHED"S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. ou may find out the price bid by calling Jessica McVittie at (215) 653-7450, or by calling the timberland County Sheriffs Department at (717) 240-6100. 2. You may be able to petition the Court to set aside the sale if the sale bid price was inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the To find out if this has happened, you may call Jessica McVittie at (215) 653-7450 or by calling Cumberland County Sheriff s Department at (717) 240-6100. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the miff and the Shcriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings evict you. 6. You may be. entitled to a share of the money which was; paid for your house. A iedule of distribution of the money bid for your house will be filed by the Cumberland County eriff on or about thirty (30) days. This schedule will state who will be receiving that money. The racy will be paid out in accordance with this schedule unless exceptions (reasons why the >posed distribution is wrong) are filed with. the Sheriff within ten (10) days after the distribution Sent By:.*; +; Feb-27-09 1:32PM; Page 4/5 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1W YOU DO NOT HAVE LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE AN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER..IF YOU CANNOT FFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO;PROVIDE YOU WITH ORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SLRVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service (717) 249-3166 Cumberland County Bar Association 32 South Bedford Stree(Carlisle, P A 17013 (800) 990-9108 ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the East side of North West Street, said point being at comer of property of Frank E. Robinson and Ella M. Robinson, his wife; thence along said lands in an Easterly direction, 100 feet to lands now or formerly of Pennsylvania Railroad Company; thence along said lands in a Southerly direction, 15 feet to lands of George K. Brown and Amanda M. Brown, his wife; thence along said lands in a Westerly direction, 100 feet to the East side of North West Street; thence along the East side of North West Street, 15 feet to the place of beginning. HAVING thereon erected the Southern half of a frame dwelling house known as o. 325 North West Street Carlisle, Pennsylvania. Tax Map #20-1798, Parcel 059 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5999 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST BANK NATIONAL ASSOCIATION, Trust U?A Dated 3/01/07 (EQCC Home Equity Loan Trust 1997-1), Plaintiff (s) From CURTIS W. THOMPSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $80,858.88 L.L. $.50 Interest calculated at the legal rate of 6% (per diem rate of $13.29) from 2/29/08 through the date on which the property is sold at Sheriffs Sale Atty's Comm % Due Prothy $2.00 Atty Paid $127.45 Other Costs Plaintiff Paid Date: 2/25/09 (Seal) urtis R. L 5,rot*honot7 By: Deputy REQUESTING PARTY: Name: BARBARA A. FEIN, ESQUIRE Address: 425 COMMERCE DRIVE, SUITE 100 FORT WASHINGTON, PA 19034 FORT WASHINGTON, PA 19034 Attorney for: PLAINTIFF Telephone : 215-653-7450 Supreme Court ID No. 53002 Real Estate Sale # 62 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as 325 North West Street, Carlisle, More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 BY: I 8S :8 V LG qJJ Hit) tr QV PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 1, May 8, and May 15, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWORN TO AND SUBSIMBED before me this day of May. 2009 J Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RAAiL NWAM 4AL3 NO. 62 Writ No. 2002-5999 Civil First Bank National Association, Trust U/A Dated 3/l/97 (EQCC Home Equity Loan Trust 1997-1) VS. Curtis W, Thompson Atty.: Barbara A. Fein ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the East side of North West Street, said point being at corner of property of Frank E. Robinson and Ella M. Robinson, his wife; thence along said lands in an Easterly direction, 100 feet to lands now or formerly of Pennsylva- nia Railroad Company; thence along said lands in a Southerly direction, 15 feet to lands of George K. Brown and Amanda M. Brown, his wife; thence along said lands in a Westerly direction, 100 feet to the East side of North West Street; thence along the East side of North West Street, 15 feet to the place of beginning. HAVING thereon erected the Southern half of a frame dwelling house known as no. 325 North West Street Carlisle, Pennsylvania. Tax Map #20-1798, Parcel 059. .,The Patriot-News Co. 812 Market St. r Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4epI&A'A'AlAiot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 .ifiA_'• rM 1'.? . . . . . . . . . . . . . Sworn d ,54ti§?ribed before mie)his 12 day of May, 2009 A.D. v Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kww, Notary public Of Harrisburg, Dauphin County anrnission Expires Nov 28, 2011 Member, Pennsylvania Association of Notaries Real Estate Sale No. 62 Writ No. 200E-5999 Civil Term First Bank National Association, Trust U/A Dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1) VS Curtis W. Thompson Attorney Barbara A. Fein LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the East side of North West Street, said point being at corner of property of Frank E. Robinson and Ella M. Robinson, his wife; thence along said lands in an Easterly direction, 100 feet to lands now or formerly of Pennsylvania Railroad Company; thence along said lands in a Southerly direction, 15 feet to lands of George K. Brown . and Amanda M. Brown, his wife; thence along said lands in a Westerly direction, 100 feet to the East side of North West Street; thence along the East side of North West Street, 15 feet to the place of beginning. HAVING thereon erected the Southern half of a frame dwelling house known as o. 325 North West Street Carlisle, Pennsylvania. Tax Map #20-1798, Parcel 059 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen D. Little, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 Phone (215) 653-7450 /Fax (215) 643-7454 Email: generalinfo@loba£com Attorneys for Plaintiff EQUICREDIT CORPORATION OF AMERICA, Successor to FIRST BANK NATIONAL ASSOCIATION, Ttruste U/A Dated 3/1/97 (EQCC Home Equity Loan Trust 1997-1), Plaintiff, V. CURTIS W. THOMPSON, Defendant. File No. 08-15202 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.02-5999 PRAECIPE TO WITHDRAW / VACATE JUDGMENT AND TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: (`~ N C` o C_~ .? o -R !i7~ ~ ' ms T . e ` r= , o ~ ~a N -< Kindly withdraw /vacate the judgment entered in the above captioned mortgage foreclosure action. Then please mark the matter settled, discontinued and ended without prejudice to Plaintiff. March 5, 2010 THE LAW OFFIC~S OF BARBARA A. FEIN, P.C. '~ BY: Barbara A. ein, Esquire $8.0o Po A~ Attorney fo Plaintiff (!,k,~' 7oZ.S71 Attorney I. . No. 53002 ~ 02387(og