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Home My WebLink About03-6472MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. JOHN P. HIPPENSTEEL AND LORI A. NICKEL Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE 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 the 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 claim in the Complaint of 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENC1A DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. JOHN P. HIPPENSTEEL AND LORI A. NICKEL, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. JOHN P. HIPPENSTEEL AND LORI A. NICKEL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC., herein after referred to as MERS, is the owner of legal title to the Mortgage subject to the Mortgage to this action and nominee for Washington Mutual Bank, FA, which is the owner of the entire beneficial interest in the Mortgage, with an address of P.O. Box 1169, Milwaukee, Wisconsin 53224. Defendant, JOHN P. HIPPENSTEEL, is an adult individual, whose last known address is 5 MIDLAND DRIVE, SOUTH MIDDLETON TOWNSHIP AflK/A MT. HOLLY SPRINGS, PENNSYLVANIA 17065. Defendant, LORI A. NICKEL, is an adult individual, whose last known address is 5 MIDLAND DRIVE, SOUTH MIDDLETON TOWNSHIP AflK/A MT. HOLLY SPRINGS, PENNSYLVANIA 17065. On or about, April 26, 2002, the said Defendants, executed and delivered a Mortgage Note in the sum of $108,097.00 payable to AURORA FINANCIAL GROUP, INC., which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants, made, executed, and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1757, Page 3146 conveying to original Mortgagee the subject premises. Mortgage Electronic Registration Systems, Inc. is acting solely as nominee for Washington Mutual Bank, FA its Successors and Assigns. The Said Mortgage is attached hereto as Exhibit "B". The land subject to the Mortgage is: 5 MIDLAND DRIVE, SOUTH MIDDLETON TOWNSHIP A/K/A MT. HOLLY SPRINGS, PENNSYLVANIA 17065 and is more particularly described in Exhibit "C' attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July 01, 2003 and all subsequent installments thereon, and the following mounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $107,014.08 Interest at $21.98 per day From 06/01/2003 To 01/01/2004 ( based on contract rate of 7.500%) $5,385.10 Accumulated Late Charges $120.92 Late Charges $30.23 From 07/01/2003 to 01/01/2004 $241.84 Escrow Balance $295.95 Attomey'sFeeat5% of Pfincipal Balance TOTAL $5,350.70 $118,408.59 **Together with interest at the per diem rate noted above after January 01, 2004 and other charges and costs to date of Sheriff's Sale. 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 Sherifff s Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.500% ($21.98 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described.By: P ALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Not II!11111111111 Multismte NOTE [ ..^ c..o. April 26th, 2002 Loan ID: 80601 '~' ~ ~ ~ ~g M ~e ~ of thh Nme, ~d ~e ~n's s~ ~ ~. "~" and ils ~__ __?'~s_ amd a~si~, 2. IR)RROW~R'S PROMISK TO ['AY; ~-i-tac. F.,ST In m~m for a loan n~ved from L~nde~, Bon'm,,~' promises to pay the principal sum of Dollars (U.S. S 108, 097.00 ), plu~ inte~, to tbe ~ of L--n~.r. lnt~'esl will be ~ ( ?. 500 %) per ~- until the f~ll amoun~ of pt~.cipal hns bee~ i~tid. 4. MANNgR OF PAYMENT ().) 'Fime Bo~o,~' shall m~kg & payment of pfincipa~ and int~'~st to ~ on tbe fi~ day of each mon~ beginn~mt on Ju~'~~. 1st , 2002 . Any principal nnd inte~n~ mmnlning on tbe fl~st day of Hay by ~ to ~. (O ~ · ~ N~. [~ ~le ~] 6. BORROWER'S FAILUR~ TO PAY (M Late CIm~e for Overdue P~ymema If Lender h~ no~ received the fall monthly ~ requital by the Sea~ity 4(C) of ~ Note, ~ ~ ~ of fi~ ~ ~ys a~ ~ pxym~t ~ d~, ~ of Fo~ r ~m ( 4.0 0 0 ~) of t~ ~ ~ of ~ ~. (B) ~lt ~11 ~ ~= ~ of ~ ~faul~. ~b N~ ~ ~ ~tho~ ~ ~ If ~ h~ ~i~ ~ ~ ~ ~1, ~ ~ ~. ~y ~ ~ m ~y ~s ~ I~. S~ ~ ~ ~ ~ ~i~ f~ ~d~ of ~m ~ t~ ~ me ~ ~ ~ of th~ N~. 7. WAIVE~ ~ ~y ~ ~obli~r ~is Nme~ ri~p~ ~ ~i~ of . 8. GIYINO Og U~ ~l~le law ~ n d~ff~ ~, ~y ~i~ ~ ~ ~ ~ m ~ u~ th~ N~ w~l ~ ~i~ ~ ~) ~ ~ a ~ ~ if ~ [~ g]~ a ~ of th~ d[~ ~. ~. O~GA~ONS Og ~ ~ ~S ~ ~ ~li~K m ~ ~ ,h~ Any ~ ~ ,-~-- ~ ~ ~i~, ~ing or ~of~ No~, b ~ ~11~ m ~ ~ ~ ~ ~ ~ ~b N~ ~ ~ ~f~ia fi~ u~ ~b ~y all of t~ ~ o~ u~ ~ Nme. BY SIGNING BI'OW, Bort~.~r stzepts and ag~es to Ihe te~m and t~,v,-nnm, t~ta~ned in t~ . (~al) (seal) RETURN TO : AURORA FINANCIAL GROUP INC 9 EVES DRIVE, SUITE 190 t{ARLTON, NJ 08053 Parcel Number: ~A~ No. MORTGAGE 441-688219~ 80601 MIN 10007640000~806017 THIS MORTGAGE("SecuH~ Instmme~t')isgiveno~ April 26th, 2002 The Mo.ga~oris JOHN P. HIPPENSTEEL, A Single Man and LORI A. NICKEL, A Single Woman ORIGi,, L ('Borrower"). This Securily In~tmmant is givea to Mo,gage Blectroolc Regis~ration Sysl~ns, lnc, ("MERS"). (solely as eomine~ for Lender. ~ hereinafle~ defiaed, and Lender's successot~ and assigas), as monl~ee. MERS is orglmlzlM ami existing under the laws of Delaware, and has an addzess and ~elephone number of P.O. Box 2026, Flint, MI 48.50t-202~. tel. (888) 157g-MERS. AURORA FINANCIAL GROUP, INC. ('Ler~l~'*)isol'j~Ju'~l~Jande,v, itJng tm~'?rl:l~lawlof THE STATE O~ N~ JE~EY ,~ h~f 9 EVES DR. SUITE 190, ~RLTON, ~J 08053 . ~ o~ ~r ~ pd~ ~m ~ One Hundred Eigh~ Thousand Ninety Seven and no/100. ~ll~ (U.~. $ 108,097.00 ). 4~ .4N(PA) IOI0:'1 7/01 This delx is evidem:ed by Borrower's ncXe ~ the sam~ date as this ~-,',,rity las~ruraem ('Note'), which provides for monthly payments, with the full debt, if not paid c~rlier, due amd puyablc on ~la~, 1st, 2032 . This Security Instmmant seoJras to Lender:. (a) the repaTmem of the de. bt ev~ by the Note, with imerest, a~d all reoewals, extensions and modifications of thc NOte; (b) the puym~lt of ali ~ sums, with hi~, advL_,~ed__ under pur~.~,h 7 to pmtec~ th~, security of this Security lnstrumel~, and (¢) th~ perfo~ of Borrow~'s covenants and ~r~mcn~s und~ this S~-urlty Insuvment ~md I!~ Note. For this purpose, Borrower does hen~ mortgage, grant and convey to MER$ (solely as nomin~ for Lender and l.~ud~r's succ~,~rs and aasi~ns) sad to the _succe~__~,~ors and assigns of M£RS, the following d~soribud property locked in CUMBERLAND County, Pormsylvanla: §§ 2t4tnu §-2642-038 SEE ATTACHED LEGAL DESCRIPTION ) which has the addre~ of ,' 5 MIDLAND DRIVE IStr~ SOUTH NIDDLETON T~P. IC~l, Pennsylvania 17065 IZipCod~! ('iVopuny Addr s'); TOGETHER WITH all the impmvetoents now or Imv. af~er em:ied on th~ ?~oper~y, and all easements, ol~.,,n~nanc~s and f'utto~s now or hercoftor a pan of the property. All replacements and ndditioas shall also he cowrud by this Security Instnunent. All of the forgoing is ~fen'ud to in this Security Instrument as the 'Property.' Bo~ower undemands and ag~as tl~ MERS holds only k-.gel title to the iritor'~ls granted by ~,,..,wer in ~s S~urily Instrument; bul. if ueues~ry to comply with law or custom, MEltS. (as nominee for Lender and Lender's F_____.c,>~s_ and assi~nO, has the right: ~o esu~cise any or all of those interests, indudln~, but no~ limimi to, the right to foreclose and sell the Property; ~d to taka any ~ required of Lender including, but not limimd to, ~leming or ~nc~lin~ this Security BORROWER COVENANTS thai Borrower is lawfolly seized of the asta~e hm'chy conveynd and has the right to mortgage. ~ and mnvey ~e Propesly and that the Property is unmcombeted. ~ for encumbrances of record. Bonxnver v,~u,~..is and will defond genorelly the title 1o tim Property agalnsl ell claims ~md a,,.,,,-,ds, subjecl to any encumbrances of record. THIS .~CURITY INSTRUMENT combines unlfo~n covenants for nallonal use hud non-uniform corning,, with limited varlalioos by jurisdiction to constitute a uniform security iastmment ~,edng real prolmly. 11~i~'4NIPA! IO,Oa P~ 2 o, '0 { EII(1757P 3 Borrower and LemJe£ cove~am and agree as follows: UNIFORM COVENANTS. 1, lma}~mmt et lmri~dpal, Int~,-~i ami Late Clmrge. Betrayer shall pay when due the princlpai of, ami intcr~ on, the d~b~ evidenced by the Note a~d laJe charges due unde~ the Nme. 2. Monthly Paymmt o~ Tam, Insurance and OUter Charges. Borrower shall include b~ each monthly payment, together with th,' principal nnd interest ~s set foa~h in the Note nnd stay l~te char~es, a sum for (a) taxes and speebl assessments levied or to be levied against the Property, (b) payments or ground xents on the Property, and (e) p~emiums for insurance required under paragraph 4. In any year in wh~b tho Lettder must pay a mortgage insurance premium to the Secretary of Housin8 and Urban Development ("Secrctmy"). or in any year in which such pr0mJum w~uld have been required if Lender mill held the Secu~y instrument, each monthly payment shall also include either:. (i) a sum for tho annual mortgage insurance premium Io be paid by Lender to the Secreta~, or (ii) a nto~thly charge instead of a mortgage insurance p~nJum if this Securit~ Instrument is held by the Sectwtary, in a reasonable amount to be de,trained by the Secretary. Except for the monthly charge by the Securing, these items are called 'Escrow Items" and the sums paid to Lender are called "Escrow Funds. ' I..gnder may, at any time. co]leer and hold amounts for Escrow Items in an aggregate amount not to e~___~,~t__ the maximum amount that may be required for Borrower's escrow accounl under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et ~/. and implementing regul~ons, 24 CFR Pa~ 3.500, as th=y may be amended from time to time ("RESPA'), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account trmy not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for ~ Items exceed the amounts pennined to be held by RESPA, Lender shall account to Borrower for the exce~,.s funds as required by RESPA. If the amounts of funds hem by ~ at mn), time afc not sufficient to pay lite Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional __te~__,_,'ity for all sums secux~ed by this Security Instrument. If Borrower to"riders to Lender the full payment of a]J such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mozTgage insurance premium instaJIment that Lender has not become obligated to pay to the Secretary. and Lender shall promptly refund any excess funds to Borrower. immediately prior to a fo~closure sale of the Pmpe~y or its acquisition by I..encle~, Bom)wor's account shall be credited with any baJance remaining for ,,ti installments for items (a), (b), and (c). 3. &pplieation of l~nnents. All payments under panagraphs I and 2 sludl be applled by Lem~__r as follows: First, to the mortgage insm'ance premium to be pa~f by Lender m the Secreta~ or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second. to any taxes, special assessments, leasehold payments or ap~,ap.d ~ents, and fire. flood and Fourth, to anmttization of the principal of the Note; and FiDh. to la~e char~es due under the Note. 4. Fire, lqood and Other Haznrd Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequcutly erected, apb.st any hazards, casualties, and contingencies, including fire, For which Lender ~uires insurance. This insurance shall be mninta~e~d in the amounts and for ~he periods that Lender requires. Borrower shall alen insure all improvane~ts tm the Pmpany, whether now in ezistcoee or subsequently eretxed, against loss by flnod~ to the e.,xte~ required by the Sen~ary. All inasr]nt:e shall be carried with companies approved by Lender. The iosumnce policie~ and any louewais shall he held by Le~er and shall include loss payablo clauses in favor of, and in a form n___ry:eptabl,~ to, Lender. In the event of Io~, Borrower shall give Lendo' immediate notice by mail. Lmder may mak~ proof of loss if not made prmnptly by Borro~mr. Each insurance company conosmod is hereby m~horlzed nd di ~vec_L,~_ to mak~ paymem for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or noy part of the insuren~ prootm~ may be applied by Lm~ler. at its option, either (a) to th~ reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepaymm~t of princlpai, or (b) to the rostor~tiou or z~pair of the ,qnn~o~d Property. Any application oftbe prnoands to the principal shall not extend or postpone the due d~,. of the monthly paynmUs which ~ referred to in poragrmph 2, or chrome the amount of such paymcots. Any ~__~e~__ insurenc~ ImX:eed. over an nmooux requized to pay all outstandin~ indebtedness und~ the Nm*, and this Security lasmunent shall be paid to the entity l~aily entitled thereto. In the event of forenlosure of Ibis Security Inslroment or oth~ transrm' of title to the Property that extinguishes the indebtodnese, all right, fide and intet*es~ of Borrower in and to iosuraace policies in force shall pass to th,. porclmsm'. S, OCculmmcy, Prasawmion, bhintmmnce m~d ~n or the Propm~, BoFrower'm Loun Apldicttlon; Leneebolds. Borrower shall occupy, asi~lish, md use ~he l~{)efly as Bon~ower's lmrlncJpal ~idence wi~in sixty day~ al~*r the execution of {his S~ori{y Ynstmme~ (or within six{), days of a later sale or transfer of Ihe Property) and shall continue to occupy the Propa~/ as Borrow~'s pllncipal reeidm~ for az lea~ one year after ~he dam of occupancy, unless I.~_,~ d~erminee {hat mquiprmmt will cenr~ und,- hardship los Borrower. or unless e~tuafin~ cirour~4anoss exisi which am beyond Borrow~"s coulrol. Borrowu' shall n~ify Lender of any exlouuafin~ circum.~u.__~e~__ F,~.~,~F shall not commit wasto or de~. d~ os substamjally cbun~e Ihe Prol~ o~ aik)w the Prop~ to d~c, n~.sonable w~Y and tent ew~cepted. Lmxier may im~! the Property if the Pt~ is vacant or abaedoned or the Iom~ is in default. ! ~J~l~r my tal0e reasonable action to prom and I)nSc~ such v~n_~ or abandoned Pro~y. Borrower shall also be in default if Borrower. durinl~ the loan applicat~ou proeess, ~ave ma~ally false or inaccurate information or stalcro~llts to L~llder (or ~lJled to pfovide ~ w~ih any rna~ infonnatlon) in cormectino with the Joan evidenced by the N(Xe, includinL but noz limited to, repr~nqatio~ concemin8 Borrower's occupancy of the Property as t princlpai t~sidence. If this =q~_J*rity Insml~ is on a leseebuJd, Borrower shall comply with the proYJsions of the lease, if BOZTOWer acquire.q fee t|ile to the PTOI~, the leasehold and fee title shall not he me,ed unless Lendm' agrees to the m~er in writin8. 6. Con* t -'* The proceeds of my award or claim fda- anm*~eS, di~ct or consequentlai, in connection with any co~ou or other takins of any pan of the P~, or for couvF/anco in place of c~Jon, m~ heral)y las|g~ned and shail he paid to Lender to tim extont of the ~ull entouM of Ihe indelxednesa that remains unpaM under the Nole and this Security InsmlmeM. Lender *bm!! apply such pr,~.-a~ to the reduction of die indelx .edenss undm' the Noto and this '-q~--~--;PZ Instrument, first to any delinquent am~m_~_ applied in the osder provided in paralp.t,h 3. and then to prepayme~ of principal. Any applicallon of the ~s to the principal shall nol extend or pcoq)one the due date of dm monthly paymcots, ~ttich m'o icfcn~d to in l~ph 2. or chen&,e the ammm! of such payments. ~ r, xoeas ~pr~_s ovm' ~n amount required to pay all outstanding indebtedness undm* lhe Note and this instmmant shall he paid to the enlity legally entitled thereto. d~d;4NfPA) m02~ ,...,~ d *o I '1757P 31 ti. 9 '7. Charges to B~wer and FYotection or Lender's Rights in t~ ~. ~ shall ~y th~ obli~s ~ time di~ly to ~ ~tily ~i~ is ~ ~ ~nt. If failure to ~y ~ld If ~ f~ls m ~ t~ ~s ~ ~ ~y~ ~ ~ ~g~ 2, or f~ls ~o~ ~y o~r ~ts ~ ~ ~tai~ in ~ ~fity lnstm~, or t~ is a p~in$ ~ ~ si~fly aff~ ~'s ~m in ~e ~ (s~ n a p~in$ in ~, ~ ~n or to ~ Im or m~lii~s), I~ ~ ~ do ~ ~ ~at~ I~, h~ ~ ~ ~ it~ ~ti~ h ~h 2. Any ~ dis~ ~ ~r u~ lhis ~ph ~1 ~ ~ ~dlti~ ~bt ~ ~ ~ ~,~ ~ this ~ty l~t. ~ ~ms ~1 ~ inte~l ~ t~ ~ of dls~t, ~ ~ N~ ~ ~ ~ ~ ~on of ~, ~1 ~ im~iat~y d~ ~d ~y~le. ~ ~MI piomFtly di~e ny li~ ~ich hn ~ity o~ this ~fi~ I~m~ unl~ ~r: (~ ~ in ~ti~ ~ ~ ~t of t~ ~i~ ~u~ ~ ~o li~ in a m~ to ~r; (b) ~u in g~ f~ lbo li~ by. ~ ~s ~t ~f~ of tho ~ in, p~gs whi~ in ~ ~r's ~on o~ m p~ ~ ~t of ~e li~; ~ (c) Instm~t. If ~ ~i~ ~ ny ~ of ~e ~ is sub~ to a li~ ~i~ ~ att~n p~ty s~y ~ li~ or t~ ~ m ~ of t~ ~i~ ~ ~ ~ve wi~n 10 ~ of ~ ~v~g of ~. 8. ~. ~ ~ ~11~ f~ ~ ~ ~tho~ ~ t~ ~. 9. O~ for ~h of ~, (a) ~a~. ~ ~y, e~ ~ lim~ ~ ~lnti~ ~ ~ ~ ~, h ~ ~ of ~t ~, ~m ~e ~y~t in ~1 of MI ~ms ~ ~ ~is 1~ if: (i) ~ ~1~ ~ ~lins to ~y in ~il ~y ~My ~y~t ~ui~ by ~is ~ty I~ ~i~ lo ~ on t~ ~ d~ of ~e ~t ~ly ~y~t, ~ (ii) ~ ~ts ~ ~ling, ~r a ~ of ~i~y ~s, t0 ~ffo~ ~y ~ obl~a~ ~ in ~ ~ty im~t. (b} Sab ~ C~ A~I. ~ ~i, if ~i~ ~ ~ble I~ (~ud~ ~i~ ~1(~ of ~ O~t. O~n ~ i~ti~ ~ of !~, 12 1701j-3(~) ~ with ~ ~ ~d of I~ ~, ~i~ ~am ~ in ~11 of su~ ~ by ~s ~ In~m~l if: (D All ~ ~ of t~ ~y, ~ a ~ff~d im~ in a ~ ~ ~1 ~ ~, is ~ oro~ t~ (~ ~ ~ ~ ~ ~), ~ ~ lb ~r or ~ d~ ~ ~ ~ ~y ~t h~ or ~ ~, ~ (c) ~ Woi~. if ci~ ~ ~ ~M ~ ~ to ~i~ im~i~o ~ in ~1, ~t ~ ~ m ~u~ ~h p~s, ~ ~ ~t ~ive i~ ~u ~ ~ to ~;/~ (d) Relulmions oF HUD Se:r~sry. In many circ-ms~lnccs re~ulatinns issu~ by the will limit t _~er's righu, in the case of payment defaults, m require immediate payment in full and for~lo~ if not paid. This Security l~tram~t does not authorize __~ee_!eration or for~Jo~re if not pamltted by regahtiom of the Sectary. (e) Mor~gnge Not Insured. Borrows' agre~ that if this Security insmm~m and the Note m'e not determined to he eligible for hsorance under rite National Honsing Acl within 60 days from the dzt¢ her~f. Lender nuy, at its option, rcquJre immediate payment in full of all sums secured by this Security In~rumant. A wdttm stamnent of any authorized age~ of the S~cremy dami subsequent to 60 days from the dMe hereof, declining to insure this Security Instrument and thc Note, shall he deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when th= unavailability of insurance i-s solely due to Lender's failure to remit a mortgage Jmuren~ premium to the Sec~tmT. 10. Reine~tement. Borrov~r has a fight to be reinstated if Lende~ has required Jmmedia~ paymem in full bee_ _=,se of Borrower's faflurc to pay an mount due und~ the Note or this Security Instrument. This fight applies even after foreclosure pw,,w~ngs are instituted. To reinstnte the Security Insmtmeot. Borrower shall tender in a lump sum all ammm~ required to bring Bormwor'a account current including, lo the extent they am obligations of Bo,~ower trader this __q~,__,fity Instnmamt, foreclosure cusps and Upon reinstatement by Borrower, this Seenrity instrument and the obligations that it sec]res shall remain in effcct as if Lender had not required immediate payment in full. Howevm-, Lender is not required permit mi·statement if: (i) Lender has ac~ reinAtnt,,ment al~r the ~t of foreclosure pr,~,~__ings within two years immediately p__~__ing the comr~r.d,~,...(t of a current foreclosure p _r,?'~4ing, (ii) minsmement will preclude foreclosure on differem grounds in the future, or (iii) reinsLMement will adve~ely affect the priority of the lien created by this =_qeo__,rity instrttment. 11. Borrower Not Rebaned; Forbearance By Lender Not · Wdvor. Extension of the time of payn-feot or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in imerut of Bo,,,.,,,cer shall not ·pea'ate to release the liability of the original Borrowm' or Borrower's P,*~,~¢ in inlmuL Lender shall not he reqttJmd to conunen~ proeeedinss against any s,_~A-~sor in interest or refusu to extend time for payment or otherwise modify amortizafiom of the sums secumt by this Security In,*rumem by reason of any demand m,,dn by the original BmTowex or Borrower's m_, _,_?e_?_ to rs in interest. Any for'nearam:e by Lender in exercising my fight or r*rn~dy shall not he a waiver of or preclode the exereise or' ny right or remedy. 12. Snocassoes and Aasigns Bo·mi; Joim and Several Llobility; Co-S~ The cov*Aqm, s and agmenJerfs of this ~.nfity hlsKmnmnt shall b}ud Ired benefit ti~ successors and assigm of Lc·dm' mid Bo,,,,wer, subject to the provisions of paragraph 9(b). Borrower's covenants and qreements shall he juim and several. Any Borrower u, bo co-signs this __q,~,__,fity Instrument bul does not ca·cum the Note: (a) is co-signing this Security Imtrmnent only to mortgage, grant and convey that Bom:mm"s Interest in the Property under the re·us of this Security Instrument; (b) is not personalfy obligated to pay the sums secured by this ~_q,~o_,rity lnstrumem; and (c) agrees that Lender and any other Borrower may agree to ex'tend, modify, fur;nero- or make any ____seeommodufio~s with tw, ard to the lento of this ~_q,~,_ ,_*Jty lnsmnnent or the Note wig·ut that Borrow~'s consent. P/F~ ~' t-I 13. Notices. Any notice m Bon'ower pmvicled for in this Security Instrument shall he given by delivering it or by mailing it by first class mail unless applicable law reClnl~'s use of another method. The notice shell be dlreeted to the Property Address or any other aJdrms Borrower designates by notice to Lender. Any no~ice to l..ander shall be given by fitat class mail to Lender's address g~4 herein or any address Lender designates by notice to Berrower. Any notice provided for in ti~ See~ty instrmnant shah be dsemed to tk~,e been given to Borrower or Lender when given as provkled in (his para~ral~. 14. OoveF~ting Law; Seveenbility, This Security Instrument shall be governed by F_f~l__e~ law and the law of the juriscfiction in which the Prope~y is located. In th~ event (hat any provision or clause of this Security Instrument or the Note conflicts w~th applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect w~thont the conflicting provision. To this end th~ provisions of this Seenri~ Instrument and the Note m'e deelfn~d to be severable. IS. flOITOWUdS Copy. Borrower shall be given one conformed copy of the Note and of this Seenrity Instmmont. 16. Hazardous Substances. Borrower shall not cause or l~rmit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Properly. BorrOwer shall not do. nor allow anyone else to do. anything affecting the Property that is in violation of any Environmental Law. The p __r,~__ing two sentoncus shall not apply lo the prasonce, use, or stoFa~e on the Properly of ~=maH quantities of Hazardous Substances that are 8e~.relly recognizcd to be appropriate to zy:mnal resicicmial uses and to maintenance of the Property. Bormwor shah promptly give Lender wtitten notice of any investigation, claim, demand, lawsuit or' other action by any governmental or regnlmory agency or private party involving the Properly and any Haz. a-dous Substance or Environmental Law of which Enn, ower has actual knowledge. If ]k)rrower learns, or is notified by any govemmontnl or regulatorly authority, that any ~moval or other remediatlon of any Hazardous Substm~as alTectin8 the Property is necessary, Borrower shall promptly take ah remedial actions in a:cordonce with Environmonlai Law. As -__~ in this paragraph 16. 'Hazardous Substances' L,~ those substances defined as toxic or heza~ous substances by Environmental Law and the following substances: gasoline, kerosene, mher flmnmable or toxic petrolemn products, toxic pesticidas and herbicides, volatile solvents, materials comalnin8 ashestus or formaldchyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or enviroron,ntal protection. NON-LTNIFOP,31 COVENANTS. Borrower and Lender forther covenm~t mad agree es follows: 17. A=~ment of Rm~. Bormw~ unconditionally assigns and transfers to I.ender all the mots and revenues of the Property. BotFow,"r authorizes Loncler or Leflder's aBents to collect the rems and revenuns and here~y directs paf-h tenant of the Properly to pay the tents to Lender or Lender's agents. Llowever, prior to Lender's notice to lkmower of BorFowor's breach of any covenant or agroemem in the Secm'ity Instrument, Bot~'owor shall collect and receive all rents and revennas of the Property as trustee for tbs benefit of Lender and Bonower. This assignment of rents constitutes an absolute assignment mai not an assignment for additional security only. If Lender gives notice of breach to Bo~ov,,~: (a) all rents received by BotTowet shah be held by Borrower as trustee foF benefit of Lender only, to be applied to the sums secutnd by the Security Instrument; (b) Leader shall be entitled to collect and receive all of the rents of the Property; and (c) each .{ tcnant of the PropeRy shall pa~ all rents due and unpaid to Lender or Lender's aBent on l~'s w"]tten demand to the tenant. Borrower has not execumJ my prior assi~nmant of *he rents and has not and will not p~form any ant that would pliant Lender from exercising its rights under this im'qraph 17. Lender shall not be required to enter upon, !,alfa control of or maintain the Property before or after giving notice of breac.h to Borrower. However, Lender or a judicially a~olnted receiver may do ~o at any time there is a btzach. Any application of rents chh!! not cat~ or waive any degatdt or invalidate &ay other fight or remedy of Lender. This ~igmnant of rents of tim Pmparty simll terminate when the debt secured by the Security Instrument is paid in full. lg. lroredoen~ ~. If Lender requires hnlMdinte Imyment In full hurler imragraph 9, Lender may foreckm this Security lsmnmm~ by Judicial prneasdinL Lender shall be entitled to enllef:~ nil expeneas JBcuM bi Immin~ the ranedlas provided in this [mrl~r~ph 18, Including., but not limited to, attomep' fees and costs or title evidence. If the Lender's interest in this Security instr~ment is hdd by the Secretory and the Sor~4ary requiru hnmedJate pa~uent in full uudu' l~rqruph 9, th Secretory my Invoke the noaJudJcinl power of sale p~vidud in the Sin~e Fandly MoffBqe Foredasure Ac~ or 1~94 (,Act,') (Il u.s.c. 3751 et s~/.) by requesting u fortdmur~ C,mutbS$On~,' de~ under th Act to commence foreclosure and to sell the Propart.v as prnvJded in the ~kt~. Nothing in the port, ding senteune simll deprive the 8eer~nry of any dBMs otherwbe arniinble to a Lender under ~ Parngrnl~ 16 or al~lkable hw. 19. R~mne. Up~ pnymmt of all sums secured by this Security Inst~t, this $eo. trity lastmment and tl~ estate ennvayed ~ terminate end beeoma void. ~ such oeenr~nee, h~d_., shall disdmrge and satisfy this $ecority Inm~m~t witho~t ehnr~ to Borrox~r. Bo.o,s~' shall pay any reeordathm go~t~. 20. Waivers. Borrower, to the extent permitted by applicabl~ law, waives and releases any error or defe~ts Jn _proee~___~ngs to enfotre this ,~enrity Instrument, and hereby waiv~ the benefit of any prmem or fl;tufa lawa providing for stay of execution, extension of tim~. ~pfion from attw. hment, ]evy nnd .~le, 21. R,' ' ' .v,t Period. Borrower's time to reip~ate provided in Im'a~raph 10 shall extend to one hour prior to the ~omn~,~n~.,d of bidding at a sheriff's ~ or other sale pursuant to this Security Ir,~nml~nt. 22. Pm.id Monay M~'lff, nge. If any of the debt s~eured by mis __~?,__,rity lastmment is lent to ikm~oweF to anquir~ title to the Properly. this Securit~ lnsmnnem ~ be a pm*chase money mortgage. 23. hmmst Rule After Judt, amnt. Ik)Frewer agreas that the mterest rate payable after a judgment is entered oa the Note or in an action of mo~gage foreck)sure shall be the tare payable from time to time under the Nme. 24. Ridefl to thb Securi~ ]mtrument. If one or mor~ ~ ~ _~x____~ted by Borrower and recorded together w/th this S~'m'ity Ingtnmm~, the covenants of tach such rider shall be ~ into and shall amend and supplement the cove-,-,,t,, and agreements of this Security Insmnnent as if the rider(s) ~ a part of this Security Insmnnent. [Check applieabln box(m)]. ~ Condominium Rider ~ Growing F.,quily Rider [] Offer [six. fyI [=--] Planned Unit I~velopment RiderI I Graduated Payment Rider LEr_4~ I)Ea¢R! PTION 757 3153 BY $1GNIN(I BF. LOW, Borrower acc~ts and a~es to ~h~ terms contained in ~his Security Ins~rumeal ~d in any rider(s) cx~--uted by Borrower and r~orded wilh it. Wimess~s:. LORI A. NICKEL -Bor~w~ .... (s.m) 4~-4N(PA) ~O~OZ) C~ of R~dme~ I. F~R I E NOCI?O , do hereby ce~ify that ~~of~he~hln-~is 9 EVES DR. SUITE 190 ~LTON, NJ 08053 wim~ my ~ ~[~ 26th ~yof April , 2002 Agem o! COMMONWEALTH OF PENNSYLVANIA, On this, 26th dayof April , 2002 , befo~ me, ~heund~signed officer, p~momdly app~ JOHN P. HIPPENSTEEL and LOR! A. NICKEL Imown to me (or misractorily proven) to bc the person $ whose nmnes are subscribed to the within ~ and acknowledged dmt THEY ~t~d ~ ~ for the purposes he~in coma'med. IN WITNESS WHERBOF, ! ltemunto se~ my hand and off*rial smd. My Commission Expires: Tid~ of Ofl'~.~ File No. 02-185 Exhibit "A" ALL THAT CERTAIN lot of land together with the dwelling house erected thereon situate in South Middleton Township, Cumberland County, Pennsylvania, numbered and described in accordance with the Final Subdivision Plan for Midland Woods prepared by Stephen G. Fisher, Professional Land Surveyor, dated July 1, 1985, a eopy of which is recorded in the hereinafter named Reeorder's Offiee in Plan Book $0, Page 106, which Plan is incorporated herein by reference, ns follows: LOT NO. 5, which has a mailing address of $ Midland Drive, Mt. Holly Springs, Pennsylvania 17065. BEING THE SAME PREMISES which WILLIAM L. $CHREIBER and BARBARA N. SCHREIBER, husband and wife; and TODD A. JEWELL, equitable owner by Deed dated 4/24/02 and Intended for Immediate recording in the Office of the Recordw of Deeds in and for Cumberland, Pennsylvania, granted and conveyed unto JOHN P. HIPPENSTEEL, SINGLE MALE and LORI A. NICKEL, SINGLE WOMAN, Mortgagor(s) hernia. [ ('crd,'y this to bc recorded I:', ,r'm~bcrland C'ounty PA COMPANY NAME: VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. Dated 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. B ~ Ti e~ ~ SHERIFF'S RETURN - CASE NO: 2003-06472 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HIPPENSTEEL JOHN P ET AL REGULAR HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon HIPPENSTEEL JOHN P DEFENDANT , at 1529:00 HOURS, at 5 MIDLAND DRIVE MT HOLLY SPRINGS, PA 17065 by handing to JOHN P HIPPENSTEEL a true and attested copy of COMPLAINT - MORT FORE the on the 26th day of December together with law, 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before So Answers: R. Thomas Kline 12/29/2003 PURCELL KRUG HALLER By: Deputy Sh~if f SHERIFF'S RETURN CASE NO: 2003-06472 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HIPPENSTEEL JOHN P ET AL - REGULAR HAROLD WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE NICKEL LORI A DEFENDANT , at 1529:00 HOURS, at 5 MIDLAND DRIVE MT HOLLY SPRINGS, PA 17065 LORI A NICKEL a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 26th day of December , by handing to together with MORT FORE 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /2 ~ day of ~P ~r~. 2~ ~ A.D. ~ 'Prothonotary! ~ So Answers: R. Thomas Kline 12/29/2003 PURCELL KRUG HALLER By: Deputy Sh~/ri f f MORTGAGE ELECTRONICS REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA Plaintiff JOHN P. HIPPENSTEEL and LORI A. NICKEL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6472 Civil CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO: NOTICE TO PLEAD Mortgage Electronic Registration Systems, Inc. c/o Washington Mutual Bank, FA c/o Leon P. Haller, Esquire 1719 N. Front Street Harrisburg, PA 17102 You are hereby notified to plead to the encl~d New Mailer within twenty (20)~days fi.om service bereofor a default judgmem may be entered against you. Dated: GODFREY &)~P.C. P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 Attorneys for Defendants MORTGAGE ELECTRONICS REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA Plaintiff JOHN P. HIPPENSTEEL and LORI A. NICKEL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6472 Civil CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE DEFENDANTS' ANSWER WITH NEW MATTER AND NOW THIS ~ofFeb~ 2004, Defendants, John P. Hippensteel and Lori A. Nickel, by and through their attorneys, Godfrey & Courtney, P.C., answers the corresponding numbered paragraphs of Plaintiff's Complaint as follows: I. Denied. At, er reasonable investigation, Defendants are without sufficient knowledge to either admit or deny the allegations contained in paragraph 1. Strict proof thereof is demanded at the time oftrlal. 2. Admitted. 3. Admitted in part; denied in part. It is admitted that the Defendants executed a Mortgage Note on April 26, 2002. The remaining allegations are denied since the written documents speak for themselves. Strict proof thereof is demanded at the time of trial. 4. Admitted in part; denied in part. It is admitted that Defendants executed a Mortgage, which was recorded in Mortgage Book 1757, Page 3146. Al~er reasonable investigation, Defendants are without sufficient knowledge to either admit or deny the remaining allegations contained in paragraph 4. Strict proof thereof is demanded at the time of trial. 5. Denied. Paragraph 5 is denied as a conclusion of law to which no response is required. To the extent that an answer may be required, it is only admitted that Defendants own the property located at 5 Midland Drive, Mt. Holly Springs, Pennsylvania 17065. Strict proof thereof is demanded at the time of trial. 6. Admitted. 7. Denied. Paragraph 7 is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response may be required, Defendants have requested on several occasions from the Plaintiffa reinstatement balance so that they can make paymem. Plaintiff has cominually refused to provide Defendants with a reinstatemem amount as required by the Mortgage. Furthermore, Plaintiffs are not entitled to attorney fees, interest, and/or late charges since Plaintiffhas breached the terms and conditions of the Mortgage and Mortgage Note. Accordingly, Defendants are not in default. Strict proof thereof is demanded at the time of trial. 8. Admitted. 9. Denied. Paragraph 9 is denied as a conclusion of law to which no responsive pleading is required. 10. Admitted. 11. Denied. Paragraph 11 is denied as a conclusion of law to which no responsive pleading is required. Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants pray that the Foreclosure Complaint be dismissed and that they be awarded costs of defense, including attorney fees, and that they may have such other relief as may be just and appropriate. NEW MATTER By way of further answer and defense, Defendant avers the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 12. Plaintiffs cause of action is barred by the applicable statute of limitations. 13. The amount of attorney fees is unreasonable and not a customary charge and does not accurately reflect the actual legal expenses incurred by Plaintiff. Furthermore, Plainfiffhas violated paragraph 6(c) by charging an unreasonable amount. 14. Plaintiffhas accelerated the loan in violation of paragraph 6(b) of the Mortgage Note. 15. Plaintiffs claim is barred since it has in had faith failed and refused to provide Defendants with a reinstatement as required by Paragraph 10 of the Mortgage. Accordingly, Plaintiffs are not entitled to any late charges, interest or increased attorney fees at, er January 23, 2004, the date Defendants requested reinstatement. WHEREFORE, Defendants pray that the Foreclosure Complaint be dismissed and that they be awarded costs of defense, including attorney fees, and that they may have such other relief as may he just and appropriate. GODFREY & COU~~C. By , ~ AttomeiffI.D. No. 77052 P.O. Box 6280 Harrisburg, PA 17112 (717) 540~3900 Attorneys for Defendant CERTIFICATE OF SERVICE AND NOW, this ~__~day of ~l~r~/~~, 2004, I, E. Ralph Godfrey, Esquire, of Godfrey & Courtney, P.C., attorneys for Defendant, hereby certify that I served a copy of the within Defendants' Answer and New Matter this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Leon P. Hailer, Esquire 1719 N. Front Street Harrisburg, PA 17102 MORTGAGE ELECTRONICS REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA Plaintiff JOHN P. HIPPENSTEEL and : LORI A. NICKEL : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6472 Civil CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE TO ENTER APPEARANCE Please enter the appearance orE. RALPH GODFREy, Esquire ofGodfi'ey & Courtney, P.C. as counsel of record for the Defendants in the above-referenced m~atter. Dated: GODFREy & COURNTEY, P.C. By: . ~dph ~odI?ey, Esquire Attorney ID# 77052 P.O. Box 6280 Harrisburg, PA 17112 717-540-3900 CERTIFICATE OF SERVICE I, E. Ralph Godfi'ey, Esquire, hereby certify that I served a copy of the foregoing Praecipe to Enter Appearance by m~Jling a copy thereof on this q t~day of February 2004, to: Leon P. Haller, Esquire 1719 N. Front Street Harrisburg, PA 17102 E. Ralph Cnbd~r~,'~squireTM ! () MORTGAGE ELECTRONICS REGISTRATION SYSTEMS, INC., c/o Washington Mutual Bank, FA, Plaintiff VS. JOHN P. HIPPENSTEEL and LORI A. NICKEL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-6472 Civil CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PLAINTIFF'S REPLY TO NEW MATTER The averments set forth in Paragraphs 1 through 11 of the Plaintiff's Complaint are incorporated herein by reference. 12. 13. Denied as a conclusion of law to which no responsive averment is required. Denied. It is specifically denied that the attorney's fees are unreasonable or not a customary charge and do not accurately reflect the legal expenses incurred by Plaintiff, As the Plaintiff explained in Paragraph 7 of its Complaint, it will only seek to collect the five percent commission in the event of a third party purchaser at the Sheriffs Sale. Otherwise, the Plainfiff will seek to collect only its actual attomey's fees and costs incurred. Furthermore, the Defendants' Pleadings have made this matter litigated, which will only increase the Plaintiff's fees. 14. Denied as a conclusion of law to which no responsive averment is required. 15. Denied as a conclusion of law to which no responsive averment is required. In further response, itemized reinstatement figures have been provided on at least two different occasions. Prior to retaining counsel, the Defendants contacted Plaintiffs counsel's office and requested reinstatement figures. Reinstatement figures were sent directly to the Defendants on February 6, 2004. Subsequently, the same information was provided to defense counsel by letter dated February 11, 2004, after the Defendants' Answer with New Matter was received by Plaintiff's counsel. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant the relief requested in the Plaintiff's Complaint. Respectfully submitted, Leon P. Hailer, Esquire Attomey ID #15700 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Dated: 31/lO¢ Attorneys for Plaintiff VERIFICATION I, JILL M. WINEKA, ESQUIRE, Attorney for the Plaintiff, Mortgage Electronic Registration Systems, Inc. c/o Washington Mutual Bank, FA, verify that the statements made in the foregoing Plaintiff's Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Owing to time constraints and the distance of our client's offices, counsel is signing this Verification based upon information and documents within counsel's possession and of public record. Jill ~/~ Wineka, Esquire CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Hailer, do hereby certify that I served a true and correct copy of Plaintiff's Reply to New Matter upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: E. Ralph Godfrey, Esquire P. O. Box 6280 Harrisburg, PA 17112 Attorney for Defendants, John Hippensteel and Lori Nickel / Barbara A. Shadel Dated: .~ / I I ~ L~ (fcl\wamu\hippensteel\reply to nm)