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HomeMy WebLinkAbout05-6376 PHELAN HALLINAN & SCHMIEG, LLP 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM ell,) ~LCy-SUrt v. NO. oS - b371:. CUMBERLAND COUNTY TRAVIS L HURST 1262 HUNTERS RIDGE DRIVE MECHANICSBURG, P A 17055 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 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, 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 MAYBE 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 127533 . File #: 127533 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. ~ L Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: WASHINGTON MUTUAL BANK 11200 WEST PARKLAND A VK MILWAUKEE, WI 53224 2. The name(s) and last known addressees) of the Defendant(s) are: TRAVIS L. HURST 1262 HUNTERS RIDGE DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On OS/25/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1614, Page: 727. By Assignment of Mortgage recorded 07/25/03 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 699, Page 4278. 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 07/01/2005 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. File #: 127533 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2005 through 12/13/2005 (Per Diem $19.23) Attorney's Fees Cumulative Late Charges OS/25/2000 to 12113/2005 Cost of Suit and Title Search Subtotal $82,578.95 3,769.08 1,250.00 0.00 $ 550.00 $ 88,148.03 Escrow Credit Deficit Subtotal 0.00 232.15 $ 232.15 TOTAL $ 88,380.18 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 Sheriff's 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 $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 88,380.18, together with interest from 12/13/2005 at the rate of$19.23 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. PHELAN HALLINAN & SCHMIEG, LLP ~p>. A ?~Jt<~ By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 127533 LEGAL DESCRIPTION ALL that certain Unit, being Unit No. 1262 (the 'Unit'), of Timber Chase II, A Townhome Condominium (the 'Condominium'), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase II, A Townhome Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 573, Page 35 and Right of Way Plan Book 11, Page 139 respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. BEING part of the same premises which Walter L. Kile and Jessie M. Kile, husband and wife, by deed dated June 11,1997 and recorded in the Office of the Cumberland County Recorder of Deeds in Deed Book 159, Page 758, granted and conveyed unto Timber Chase Associates, a Pennsylvania limited partnership, Grantor herein. PROPERTY BEING: 1262 HUNTERS RIDGE DRIVE File #: 127533 VF.RTFJCA TION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief Furthermore, it is cOWlSel'S intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to WlSwom falsification to authorities. -b/ JiL- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: I.!J--/; 3 /5 , , D {(.;\. lI't il t) }:) 1t . ___I if\ C'\ ~ ". " - If{ - .J.::: \)' ...:t r- - --0 -J ('l 4) 9--: p- Ut ~ ,>, v- - 1: "' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-6376 v. TRAVIS L. HURST Defendant ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW comes, Travis L. Hurst, by and through his attorneys, McNees Wallace & Nurick LLC and files this Answer to Plaintiff's Complaint in Mortgage Foreclosure, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendant has made regular monthly payments and did not receive notice of any default until he received Plaintiff's Complaint. 6. Denied. Defendant's Answer to Paragraph 5 is incorporated herein as if fully set forth. By way of further answer, Plaintiff's averments in Paragraph 6 in no way reflect the payments that Defendant has made since July 1, 2005. 7. Denied. The averments set forth in Paragraph 7 are legal conclusions to which no response is required. To the extent that a response is required, said averments are denied. ~.~ -li 8. Denied. The averments set forth in Paragraph 8 are legal conclusions to which no response is required. To the extent that a response is required, said averments are denied. 9. Denied. The averments set forth in Paragraph 9 are legal conclusions to which no response is required. To the extent that a response is required, said averments are denied. WHEREFORE, Defendant, Travis L. Hurst, respectfully requests that Plaintiff's Complaint in Mortgage Foreclosure be dismissed. Respectfully submitted, McNEES WALLACE & NURICK LLC r D. C or LD. No. 66378 Pamela L. Purdy LD. No. 85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (fax) Attorneys for Defendant Dated: January 18, 2006 -. CERTIFICATE OF SERVICE I certify that I have this day served the foregoing document on the person indicated below by first-class mail: Francis S. Hallinan, Esquire One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Dated: January 18, 2006 '-- c.' .' '11 -.-1 -1: lil c:) ::1: SHERIFF'S RETURN - OUT OF COUNTY . . CASE NO: 2005-06376 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HURST TRAVIS L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HURST TRAVIS L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 6th , 2006 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co 6.00 9.00 10.00 41.10 .00 66.10 01/06/2006 PHELAN HALLINAN So answ~J':'.s_":'-'r""" ~" ~7':--~~1.:.._ c/ ' R. Thomas Kline , Sheriff of Cumberland County o SCHMIEG Sworn and subscribed to before me this .-1 ..1.'1'" day of (It,~ / I cc2lJ7)~?/.D., ~ /lh~ p~otar . . CASE NO: 2005-06376 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HURST TRAVIS L WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HURST TRAVIS L the DEFENDANT , at 1130:00 HOURS, on the 22nd day of December, 2005 at RED LOBSTER CARLISLE PIKE MECHANICSBURG, PA 17055 TRAVIS L HURST by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 18.00 12.48 .37 10.00 .00 40.85 Sworn and Subscribed to before me this ),/(5: day of A.D. So Answers: ?~~~,.. 'f / ,,-,,^~..' ,.?---:;;:< """:~.J:;'::';'---,yA'.......f" '''','..''' R. Thomas Kline 01/06/2006 PHELAN HALLINAN SCHMIEG BY:~~v~ Deputy heriff - . In The Court of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems Ine VS. Travis L. Hurst No. 05-6376 civil Now, December 16. 2005 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~"J<t':~ Sheriff of Cumberland County, PA Affidavit of Service j) EC'E~I7E", Now, 2~ , 20cS , at "J.' So o'clock /-l, M. served the . F"""1,vA.( <: t.<<- C' 04f!7 ~ o<?f' T within Molf'T Fo{'~ COI'f/,,4"Pr,<--T?'1Pc'?' .,;) =5-_303 T OI9Ifi.i.~C: k4y /-IC/ft'J'7"If~orH<:~ oP 7W~ t:?(;'7'~)-r;CJ4.d'r upon . "\.TIf'A",,"J L, /--/<.4i',5 T '~/JhS .c.. NcA"J~ L/~- ?v/r-H Hrf /,?orht'r.: .oA/r~.r ~y ~;r- atbL/q7 /fat.Lf/'-G ,tf'0/,2~ c:;v"p~~-WJ4c4e6-, ~ -r7..;w/ by handing to!YM'i.. ~~C K/h' dc-HS-r a 7/f"4/~ copy of the original c::'~ and made known to IJ,4RL. Zptf /r'l17 M. /!.)7" the contents thereof, So answers, ~1~.. ~~ ~~~ Af:p<l"r-!. Sheriff of F/f';'1/f4<<:' ~-<- County, PA t7c:PVTY &</.5" /lLL"K/Oc..r __SuI IlichonfO. McCIuly. -.y P.- ~....,F_County Mv~ ElqlirooJon. 29. 2007 COSTS SERVICE :MILEAGE AFFIDAVIT Lf/. I {) $ .JIfW- $ Sworn an.d s~scribed ,before me this cd /-41day of ,&t Il/, il.v--~ xt-. 'lh /71 (~~7 (/)~'L/ ,20 tf)S- (j/ (0 PRARCTPR FOR J.TSTINr: CASR FOR ARr:TJMRNT Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff Court of Common Pleas Civil Division vs. : Cumberland County Travis L. Hurst 1262 Hunters Ridge Drive Mechanicsburg, PA 17055 Defendant : No. 05.6376 CIVIL TERM TO THE PROTHONOTARY OF CUMBERI,AND COUNTY: Please list the within matter for the next Argument Court I. State matter to be argucd (i.e., plaintiffs motion for new trial, defcndant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgmcnt 2. Identify counsel who will argue casc: (a) Shectal R. Shah.Jani, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Blvd., Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (b) Debra D. Cantor, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 3. I will notify all parties in writing within two days that this case has been listed for argument 4. Argument Court Datc: Date: ?\ ">\ \00 . ("~ e:- / .-:-, / (;:J j ....~""l . PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 91298 One Penn Center at Suburban Station ]6]7 John F. Kennedy Boulevard Suite ]400 Philadelphia, PA 19103-18]4 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22]02 Plaintiff Court of Common Pleas Civil Division vs. : Cumberland County Travis L. Hurst 1262 Hunters Ridge Drive Mechanicsburg, P A 17055 Defendant : No, 05-6376 CIVIL TERM MOTION FOR SUMMARY .mOr.MFNT Plaintiff respectfully requests that the Court enter an Order !,'fanting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: I. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in = judgment in this mortgage foreclosure action. 3. Defendant, Travis L Hurst, has filed an Answer to the Complaint in which he has effectively admitted all of the allegations of the Complaint, as is further addrcssed 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 Plaintifrs Mortgage Foreclosure Complaint and Defendant's Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 5. Defendant has failed to sustain his burden of presenting facts, which contradict the averments of Plaintiffs Complaint 6. Defendant admitted in paragraph three of his Answer that he executed the Mortgage and that the Mortgage has been assigned to Plaintiff A true and correct copy of the Mortgage is attached hereto, made part hereof, and marked Exhibit A 7. By Assignment of Mortgage recorded July 25, 2003, the Mortgage was assi6'Yled to Mortgage Electronic Registration Systems, Inc., which Assignment is recorded in Assignment of Mortgage Book No. 699, Page 4278. A true and correct copy of the Assignment is attached hereto, made part hereof, and marked Exhibit AI. 8. The Mortgage is due for the July I, 2005 payment, a period in excess often (10) months. An Affidavit confinning the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit R 9. Defendant's default is also evidenced by Plaintiffs loan history, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit E. 10. The last payment applied to the Defendant's mortgage was on or around July 16, 2005. Plaintiff applied this payment to Defendant's account for the delinquent June 2005 payment, as is evidenced by the attached loan history on Defendant's account (see Exhibit E). Defendant did not tender another payment and the account remains due and owing for the July I, 2005 payment Plaintiff has not received any payments after that date. Furthermore, Defendant has not provided proof of any payments he might have made. II. 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 F. 12. Defendant is not eligible for the Homeowners' Emergency Mortgage Assistance Program, Act 91 of 1983, because the Mortgage is insured by the Federal Housing Authority. 35 PS (i1680AOlc(a)(3). 13. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its . , forcclosure action, executing on its anticipated judgment, listing the propcrty for Sheriffs Sale, and ensuring thc conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief 14. Defendant has the right to reinstate the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in = judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, PH LAN HALLINAN & SCHMIEG, LLP By: Sheetal R. Shah-Jam, Attorney for Plaintiff < . EXHIBIT A ,.9> j))J7.. Ft"'1Jfc....,..e;C4~.... Qi?" \-'\'/\) C:~.\ , \ : .. 11/()6;{ 9()7 ----.... -' HGGCLT ;-:. i~IECU:: ORIGlNAl fiECOf\QEH OF DEEG CUMBERUNiJ COUNTY '00 PlRY 30 fin lOt WHEN RECORDED MAIL TO: NORTH AMERICAN MORTGAGE COMPAN~ P.O. BOX 808031 PETAlUMA, CA 94975-8031 Parcel Number: FlNAl REVIEW AU 052 ~ l-\ <6'-\\\ 050tJ.; (Space Above This Line For Ruot'ding Datal Commonwealth of Pennsylvania MFPA A10 FHA Cose No. MORTGAGE 441-6271004-734 5890382-702 THIS MORTGAGE ("Security Instrument") is given on MAY 25TH, 2000 The Mortgagor is TRAV I S L. HURST ("Borrower"). This Security Instrument is given to NORTH AMER I CAN MORTGAGE COMPANY which is organized and existing under the laws of DELAWARE and whose address is 3883 AIRWAY DRIVE, SANTA ROSA, CA 95403 ("Lender"). Borrower owes Lender the principal sum of EIGHTY SIX THOUSAND EIGHT HUNDRED THIRTY FOUR AND 00/100 Dollars (U,S.$ 86 834.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JUNE 01, 2030 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under. paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security FHA Pennsylvania Mortgage - .f196 G\-4R(~A.\ \....\1~ VMP MORTGAGE FO~M5 - 1800152,~7291 h". \ ~1 ~ \1'l\t\1lo\~ iN 11l~11~1~ 1111111~111~ WII ~I~ 11!1111111~1 I ~I~l~ Ill~ ~1111111111111111111 PduX~~jl~AGE ji~jr Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property located in CUMBERU\NO County, Pennsylvania: THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF, which has the address of Pennsylvania 11056 1262 HUNTERS RIDGE DRIVE, MECHANICSaURG (Zip (},del ("Property Address"); [Street, City}. TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtellllnces and fixtures now or hereafter a part of the property. All replacements and additiollB shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property: BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencum hered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims ;"..'! demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenant" with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2, Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charge<;, a sum for (a) taxes and special8Sn"ssments levied or to be levied against the Property, (b) leasehold payments or ground rents On the Property, and (c) premiums forinsurance required under paragr~ph 4. In anyyearin which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (;) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge illBtead of a mortgage insurance premium if this Security Instrument is 4Dt-4R(PA) ()\l121 ...". 2 ~I 8 InItials: JL):I- l/ .BooK1Bi<! PAGE 728 c' held by the Secretary, in a reasonable amount to bedetermined by the Secretary, Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds.' Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 D.S.C. Section 2601 et seq. and implementing regulations, 24 CPR Part 3500, as they may be amended from time to time ("RE:lWA "), except that the cushion or reserve permitted by RESP A for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Itemsexceed the amounts permitted to be held by RESP A, Lender shall account to Borrower for the excess funds as required by RESP A.If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESP A. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment 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 foreclosure sale of the Property or its acquisition by Lender,Borrower's account snall be credited with any balance remaining for all installments for items (a), (b), and (c), . 3. Application of Payments. All payments under paragraphs I and 2shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, toamortizstionof the. principal oftheNote; and Fifth, tolatecharges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure at! improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires, Borrower shall also insure all improvements on the Property, whether nOW in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. Allor any part of the maurance proceeds may be applied by Lender, at its option, either (aJ to the 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 prepayment o,f p~incjpal, or (b) to the restoration or repair of the damaged Property. Any application of theproceeds to the prmclpal shall not extend Or postpone the due date of the monthly payments which are referred to 10 paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outitandingindebtedness under the Note and this Security Instrumentshall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. ~-4R(PAJ 18lil12) Pig_ J of 8 InW.I" ;I.tli v liood514 rAGE 729 5. Occupancy, Preservation, Maintenance and Protection of the Property; Bnrrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unleBS extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, theleasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6, Condemnation, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of -the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrumentshall be paid to the entity legally entitled thereto. 7, Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shan pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2 Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender rocei pts evidenci ng these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder olthe lien an agreement satisfactory to Lender subordinating the lien to thisSecunty Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10daysofthe givingofnotice. ~-4A(JJA) (89121 PIli' . ..f 8 rnitlals:J LIJ- v aocK1514fAGE 730 8, Fees. Lender may collect fees and charges authorized by the Secretary, 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in fuJl of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in fuJl any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument, (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) ofthe Garn- St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) Allor part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchsser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary, In many circumstsnces regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment infuU.and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are' not determined to be eligible for insuraoce under the National Housing Act within 60 days from the date hereof, Lel\der may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary, 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Noteor this Security Instrument, This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if; (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. I L Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or Q-4R(PA) {9~12\ p.,.5 of 8. Initlollls: ..tJlI4-- p .\lOOKi6i;!fAGE 731 refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. . 12. Successors and Assigns Bound; Joint and Several Liability; Co-,Sjgners. The covenants and agreements of this Securi ty Instrumentshall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, gfllnt and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay tbesums secured by this Security Instrument; and (cl agrees that lAnder and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower providedforin this Security Instrumentahall be given by delivering it . or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be gi ven by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided fodn this Security Instrument shall be deemed tn have been given to Borrower or Lender when given as provided in this paragraph. . 14. Governjng Law; Severability, This Security Instrument shall be governed by Federal law and the law of the jurisdiCtion in which the Property is located, In the event that any provision Or clause of this Security Instrumentor the Noteconflicls with applicable law, such confJictshall not affect other provisions of this Security Instrument or the Note which can be given effect without the confJictingprovision. To this end the provisions of this Security IllStrumentand the Note are declared to be severable, 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security. Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to.do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use. or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Properrty. . Borrower shall promptly give Lender written notice ofany investigation, claim, demand, lawsuit or other action by any governmental Or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, If Borrower learns, Or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. AIl used in this paragraph 16. "Hazardous Substances" are thOOe substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing ..beatos or formaldehyde, and radioactive materials. AIl~ in this paragraph 16, "Environmental Law' meallB federal laws and laws of the jurisdiction where the Property;s located that relate to health, safetfor environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows; 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shal~ coll7Ctand receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. ThiS assignment of rents constitutes an absolute assignment and not an assignment for additional security only. G\-4RlPA) (ilQ12l Pall. 6 of 8 Initials: .sooX!611,AGE 732 M2PA If Lender gives notice of breach to Borrower: (al all rents received by Borrower shall be held by Borrower as trusteefor benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and {c} each tenant ofthe Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under !his paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower, However, Lender or a judicially appointed receiver may do so at any timethereis a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rentsof the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collectallexpenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs oftitleevidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in fuJI under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U,S.c. 3751 et ssq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise availableto a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall.discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment,levy and sale, and homestead cxemption, 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bide:: ng at a sheriff' ssale or other sale pursuant to thisSecuri ty Instrument. 22. Purchase Money Mortgage. ;f any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Securit? !nstrumentshall be a purchase money mortgage. 23. Interest Rate After Judgment. ;lorrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortg,<;e foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security InstruIlIent. if one or more riders are executed by Borrower and recorded together with this Security Instrument, th" covenants of each such rider shall be incorporated into and shall a~end an? supplement the covenanu: and a;;reements of this Security Instrument as if therider{s) were a part of thIS Secuflty Instrument. [Check appllcable.1 JOx( es} 1. ~ Condominium Rider B Growing Equity Rider D Other [specifyI o Planned Unit Development Ride. Graduated Payment Rider G\-4R(PA) (QQUJ P... 7 1)' 6 In'tI"" :t tJi " BooK:!.Sl~rAGE 733 BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any ricler{s) executed by Borrower and recorded with it. Witnesses: ftav..;, 07. ~ / TRAVIS L. HURST (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower ~Botrower ,(Seal) (Seal) ~Barrower -Borrower (Seal) (Seal) -Borrower -Borrower Certificate of Residence I, StaCl-V L. myer that the correct address o~ the within-named Lender is , do hereby certify 3883 AIRWAY DRIVE, SANTA ROSA, CA 95403 Witness my hand this 2-[; day of rYlOj , 'lro:J '-~.~ . Agent of Lender County ss: . before me, the undersigned officer, COMMONWEALTH OF PENNSY~NIA, On this, the ~ day of personally appeared TRAV I S L. HURS CUMBERL~Q , 20bU known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument and acknowledged that executed the same for the purpo herein contained. IN WITNESS WHEREOF. I hereunto set my hand an ficial seal. My Commission Expires; NOTARIAL SEAL MargaretA.~, NOIal)l Public Mechanlcobu'll,.CtJmbertand County M. Commission Expires Oct 1, 2001 CD\ -4RlPAl (9g121 ':S{f>'_;.>o-~;; .......'~:;~:/.': ,ltc-. Ii <, ,.", - :"~'~"\.'(f'I..;;f.tl.~f r".: _~~." ~", .,~. .0. '....... JSft., T.t! f Off. "\' ~,,,,,~._ta,;:.,..-,," 'L.. 1 eo lc:e:t ;;;/1< .. Wi '.~"1'r:" .', ,,:..-!; '. " i~'!I: ,.iG.;; '~~f,..J...:"~", ~" . PI,. 8 0' 8 ..-:.;-:.." . . \ r :~ :;!'/ ~ .~~j;,~~.~... ~ \ ~ _ 1.J<"''}~'" P?~N;' ~ ~ ; . .. : 'O,,~j" or;; : ... ~-=:I .~'\ r. '\ '7 :'0" ~ -"Jo .ci1 ;.. . ~ ~ ..f (, '-.'11..' -.. l'~/'. i Boo:~_S:H fAGE ?JA /:. ..,.SYl~~~::.'.,.' , ~ ~,') ........ \'fI," . r' ~\ltav.\'.!;,l- ,,',...,.tll\'" . . EXHIBIT Al v !>L 7175997794 J CONRAD 141013 -3~ t. J INSTRUMENTPREPAREDBY~~ HINGTON MUTUAL BANK. FA. UCCESSOR TO NORTH AMERICAN MORTGAGI; COMPANY 3883 AJRWAY DRIVE SANTA ROSA, CA 95403 WHEN RECORDED RETURN m HOMESlDE LENDING 7301 BAYMEADOWS WAY JACKSONVillE, FL 32256 ATTN: TANGERINE HARRISON MR-RA 5890382 - 702 A10 f~~I7GJo - :., ::~EGL~R ~.. ::;~ of nEED~ .:i\LANf) COUNTY- 03 ,'UL 25 Af'lll 28 ASSIGNMENT OF MORTGAGE POOL #: 505551 Original Mortg;: ~Je Amount $ ~6,834.00 That WASHINGTON MUTUAL BANK, FA, SUCCESSOR TO NORTH AMERICAN MORTGAGE COMh\IlY .... ....._._~,- .- (ASSIGNOR), for valuable consideration paid to MORTGAGE ELECTRONIC REGISTRATION SYSTeMS INC. -.- --. WASHINGTON MUTUAL BANK, FA, SUCCESSOR TO NORTH AMERICAN MORT43AGE COMPANY ......,-_. ......,,~ its successors and aSSigns P,O. BOX 2026, FUNT, M148501-2026 (ASSIGNEE), the recept whereof is hereby acknowledged, does hereby assign, transfer, set over, and deliVflr unto the Aa'llgnee, its successors I nd assign THAT certain mortgage dated May 25, 2000 made by TRAVIS HURST to NORTH AMERICAN MORTGAGE COMPANY Recorded In CUMBERLAND COunty, State of Pennsylvania ~ IOOgage Book Page 727 , Instrument No . recorded Oil May 30, 2000 together wfth all right, tlUe and interest In and to the property covered by said mortgage; the promissory note dated May 25, 2000 , secured thereby and all monies, both of princiJaI and Interest, due ar <:1 to become due pursuant to the provisions of said mortgage and nole and the benelil of al rights. powers, conYer ,;nts, and agreemeiiE ~pm;J;;) ;hlf rorth. its successcrs and assigns. as norr Illee for 1614 Tax parcelldenUflcation number Property Address 1262 HUNTERS RIDGE DRIVE, MECHANICS8U~G. PA 17055 TO HAVE AND TO HOLD, the S<lme unto the Assignee and Its SuccellSOrs and assign:, forever. P. 0, BOX 2026 4318 MILl Ell- 1\-. fUNT, Ml ~........--- ay: 1~e- PA2 03102 HSL02A MIN 100054100001746404 PJ.<.E 1 MERS PHONE: HIB8-679-6377 eook699 PAGE 4278 . . EXHIBIT B PLAINTIFF S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF fY;IrrlJeylt COUNTY OF VcJ{oC"L ) ss. ) (}ypc; f))/e?1 , being duly sworn acc~rding t~ law, deposes and says: L I am employed in the capacity of {As/. 10'(1' J?~J{lo",fat Fidelity National Foreclosure Solutions, officers of Washington Mutual Bank, successor to Washington Mutual Home Loans, Inc, mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that fonns the basis of the instant foreclosure action and am authorized to give this Affidavit 3. I am the custodian ofrecords for the within matter. 4. All proper payments made by Defendant have been credited to Defendant accounts. 5. Defendant mortgage payments due July I, 2005 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $82,578.95 Interest $3,769.08 June 1,2005 through December 13, 2005 (Per Diem $1923) Attorney s Fees $1,250.00 Cumulative Late Charges $0.00 May 25,2000 to December 13, 2005 Cost of Suit and Title Search $550.00 Subtotal $88,148.03 Escrow Credit $0.00 Escrow Deficit $232.15 TOTAL $88,380.18 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 10. Pl"""ff prop"dy =d=<O' i. ill,rt,,,,, " pro<o" ;" i"'cr~ C. Name: 07C; fJ//07 . TItle. f6Jl J;7r e f?Z3ded- Washington Mutual Bank SWORN TO AND SUBSCRIBED BEFO METHIS lollc DAY OF ,t 1U ,2006. ~~\\\~~ ~ tt~At\( \&~'-- N TAR P tic .',,",C:;' RA(.:'1EL PATRICE BAHR , . ,,"14RY PUBLIC. MINI>ESOTA . ,~y COMMISSION '... EXPIRES JAN. 31.2010 ,"',:i'" File Name and Number: Travis L Hurst. Account No. 8484170504 EXHIBIT C PHELAN HALLINAN & SCHMIEG, LLP 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. TRAVIS L. HURST 1262 HUNTERS RIDGE DRIVE MECHANICSBURG, P A 17055 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 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 TIllS 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 127533 File #: 127533 IF THIS IS THE F1RST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFF1CE, 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: WASHINGTON MUTUAL BANK 1 ]200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known addressees) of the Defendant(s) are: TRAVIS L HURST 1262 HUNTERS RIDGE DRIVE MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On OS/25/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1614, Page: 727. By Assignment of Mortgage recorded 07/25/03 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 699, Page 4278. 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 07/01/2005 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. File #: 127533 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2005 through 12113/2005 (per Diem $19.23) Attorney's Fees Cumulative Late Charges OS/25/2000 to 12113/2005 Cost of Suit and Title Search Subtotal $82,578.95 3,769.08 1,250.00 0.00 $ 550.00 $ 88,148.03 Escrow Credit Deficit Subtotal 0.00 232.15 $ 232.1 5 TOTAL $ 88,380.18 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 Sheriff's 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 $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 88,380.18, together with interest from 12/13/2005 at the rate of$19.23 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. PHELAN HALLINAN & SCHMIEG, LLP ~ ~/? // . ~. 4- rt'~ By: /slFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #; 127533 LEGAL DESCRIPTION ALL that certain Unit, being Unit No. 1262 ( the 'Unit'), of Timber Chase n, A Townhome Condominium (the 'Condominium'), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase II, A Townhome Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 573, Page 35 and Right of Way Plan Book 11, Page 139 respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. BEING part of the same premises which Walter L Kile and Jessie M. Kile, husband and wife, by deed dated June 11, 1997 and recorded in the Office of the Cumberland County Recorder of Deeds in Deed Book 159, Page 758, granted and conveyed unto Timber Chase Associates, a Pennsylvania limited partnership, Grantor herein. PROPERTY BEING: 1262 HUNTERS RIDGE DRIVE File #: 127533 VRRfFJCA nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowedfor the filing onthe pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon infonnation supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is COWlSel'S intention to substitute a verification from Plaintiff as soon as it is received by COWlSel . 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. ~! JJzL- FRANCIS S. HALUNAN, ESQUIRE Attorney for Plaintiff DATE: I~! 3/5 , , ~ EXHIBIT D I MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-6376 v. TRAVIS L. HURST Defendant ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW comes, Travis L. Hurst, by and through his attorneys, McNees Wallace & Nurick LLC and files this Answer to Plaintiffs Complaint in Mortgage Foreclosure, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendant has made regular monthly payments and did not receive notice of any default until he received Plaintiffs Complaint 6. Denied. Defendant's Answer to Paragraph 5 is incorporated herein as if fully set forth. By way of further answer, Plaintiffs averments in Paragraph 6 in no way reflect the payments that Defendant has made since July 1, 2005. 7. Denied. The averments set forth in Paragraph 7 are legal conclusions to which no response is required. To the extent that a response is required, said averments are denied. 8. Denied. The averments set forth in Paragraph 8 are legal conclusions to which no response is required. To the extent that a response is required, said averments are denied. 9. Denied. The averments set forth in Paragraph 9 are legal conclusions to which no response is required. To the extent that a response is required, said averments are denied. WHEREFORE, Defendant, Travis L. Hurst, respectfully requests that Plaintiff's Complaint in Mortgage Foreclosure be dismissed. Respectfully submitted, McNEES WALLACE & NURICK LLC By r D. C or I.D. No. 66378 Pamela L. Purdy I.D. No. 85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232,8000 (717) 237-5300 (fax) Attorneys for Defendant Dated: January 18, 2006 CERTIFICATE OF SERVICE I certify that I have this day served the foregoing document on the person indicated below by first-class mail: Francis S. Hallinan, Esquire One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Dated: January 18, 2006 EXHIBIT E SERl 8484170504 TRAVIS L HURST CUSTOMER SERV I CE INV N63/001 01/30/06 1 5 : 35: 24 208-62-8654 0 TYPE F.H.A. MAN F 000~00-0000 IR 8.50000 BR 00 717-728-4635 1262 HUNTERS RIDGE D MECHANICSBURG PA 17055 B 717-369-4944 < RE I NFl GURES . ] AD : 6453.29 TO: PHELAN HA >: 12/06/05 ----~HIST----------------------* LOAN HISTORY *--------------~~-~----~---(MORE) PROC-DT DUE-DT TRAN TRAN~DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 07-23-04 06-04 172 PAYMENT 1,600.00 75.15 592,53 123.47 83,575,69 888,63 07-16-04 06-04 152 LATE CHARGE ASSESSMENT 0.00 0,00 0.00 0,00 31.65-1 LATE CHARGE 07-06-04 06-05 310 MORTGAGE INSURANCE DISBURSEMENT 34.76- 0.00 0,00 34.76- 765.16 301 MISCELLANEOUS ESCROW DISBURSEMENT 0.00 0.00 88.10 799.92 '* 17.70 1 LATE CHARGE PAYEE = F.H.A. 07-03-04 07-04 88.10 ---* PF2 FOR ADDL MESSAGES *-~-~-----~-~-----~--------------------------------- ACTIVE FORECLOSURE LOAN ~ LH FORECLOSURE. F/C STOP _ d 001 DAYS TO PROJECTED LEGAL DATE LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT CUSTOMER SERVICE INV N63/001 01/30/06 15:35:24 208-62-8654 0 TYPE F.H.A. MAN F 000~00-0000 IR 8,50000 BR 00 717-728-4635 1262 HUNTERS RIDGE D MECHANICSBURG PA 17055 B 717-369-4944 < REIN FIGURES. lAD: 6453.29 TD: PHELAN HA >: 12/06/05 ----~HIST----~-----------------* LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN~DESCR I PTION TRAN~EFFECTI VE-DATE TRAN~AMT PR I NC IPAL INTEREST ESCRDW AMOUNT /CD/DESCR I PTI ON 5.17 172 PAYMENT 75.69 591,99 123.47 83,500.00 1,012.10 ---* PF2 FOR ADDL MESSAGES *------------~------~~----------------------________ ACTIVE FORECLOSURE LOAN 12 ltl FORECLOSURE, F/C STOP ~ ~ 001 DAYS TO PROJECTED LEGAL DATE SERl 8484170504 TRAVIS L HURST 08-26~04 03-04 937.41~ 08-16-04 08-04 0.00 08-06-04 06-05 34.76- ~ 07-23-04 07-04 0.00 314 LIEN DISBURSEMENT 0.00 0.00 937,41~ PAYEE = 370410609 39.93 152 LATE CHARGE ASSESSMENT 0,00 0.00 0.00 31,65-1 LATE CHARGE 310 MORTGAGE INSURANCE DISBURSEMENT 0,00 0.00 34.76- PAYEE = F.H,A. 977.34 LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT CUSTOMER SERVICE INV N63/001 01/30/06 15:35:24 208-62-8654 0 TYPE F.H.A. MAN F 000~00-0000 IR 8.50000 BR 00 717~728-4635 1262 HUNTERS RIDGE D MECHANICSBURG PA 17055 B 717~369-4944 < RE I NFl GURES , I AD: 6453.29 TO: PHELAN HA >: 12/06/05 ~----HIST-------~------~~-----~* LOAN HISTORY *---------~----------------(MoRE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN~EFFECTIVE-DATE TRAN-AMT PR I NC I PAL I NTEREST ESCROW AMOUNT /CD/DESCR I PT ION 09-20-04 10-04 172 PAYMENT 8.90 0.00 09-20~04 09-04 172 PAYMENT 0.00 76.76 590,92 83,347,02 09-20-04 08-04 172 PAYMENT 1,691.20 76.22 591.46 123.47 83,423.78 128.64 09-16-04 08-04 152 LATE CHARGE ASSESSMENT 0.00 0.00 0,00 0,00 31.65-1 LATE CHARGE 09-03-04 06-05 310 MORTGAGE INSURANCE DISBURSEMENT 34.76- 0.00 0.00 34.76- PAYEE = F.H.A. ---* PF2 FOR ADoL MESSAGES *-~-------~-------~----------------_________________ ACTIVE FORECLOSURE LOAN 12 ltl FORECLOSURE, F/C STOP _ 1 001 DAYS TO PROJECTED LEGAL DATE SERl 8484170504 TRAVIS L HURST 0,00 0.00 8,90 8 PROPERTY INSPECTION 123.47 252.11 108,90 I LATE CHARGE LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT CUSTOMER SERVICE INV N63/001 01/30/06 15:35:24 208-62-8654 0 TYPE F.H.A. MAN F 000-00-0000 IR 8.50000 BR 00 717-728-4635 1262 HUNTERS RIDGE 0 MECHANICSBURG PA 17055 B 717-369-4944 < REIN FIGURES, IAO: 6453.29 TO: PHELAN HA >: 12/06/05 ----~HIST----~-------~-----~---* LOAN HISTORY *~~-------~----------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN~EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 1 1 -16-04 10-04 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0,00 32.17-1 LATE CHARGE 1 1~05-04 06-05 310 MORTGAGE INSURANCE DISBURSEMENT 34,76- 0.00 0.00 34,76~ 182.59 152 LATE CHARGE ASSESSMENT 0,00 0.00 0.00 31.65-1 LATE CHARGE 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 34.76- 217,35 10-06~04 00-00 601 MISCELLANEOUS CORPORATE DISBURSEMENT 12.00 0.00 0.00 0.00 12.00 3RD REC CORP ADV ---* PF2 FOR ADDL MESSAGES *------------------------------------_______________ ACTIVE FORECLOSURE LOAN L2 lH FORECLOSURE. F/C STOP _ ~ 001 DAYS TO PROJECTED LEGAL DATE SER1 8484170504 TRAVIS L HURST PAYEE = F.H.A. 10-18~04 10-04 0.00 10-06~04 06-05 34.76- PAYEE = F,H,A. LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT CUSTOMER SERVICE INV N63/001 01/30/06 15:35:24 208~62-8654 0 TYPE F.H.A, MAN F 000~00-0000 IR 8,50000 BR 00 717-728-4635 1262 HUNTERS RIDGE 0 MECHANICSBURG PA 17055 B 717-369-4944 < RE I NFl GURES. I AD: 6453,29 TO: PHELAN HA >: 12/06/05 ----~HIST-----~~~----~~~~----~~* LOAN HISTORY *------~-------~~-~----~~--(MORE) PROC-DT DUE-DT TRAN TRAN DESCRl PTlON TRAN~EFFECT I VE-DATE TRAN~AMT PR I NC I PAL 1 NTEREST ESCROW AMOUNT/CD/DESCR I PT ION 1 1-27~04 12-04 175 PRINCIPAL PAYMENT 22.98 22.98 0.00 83 , 1 68 .88 1 1-27~04 12-04 172 PAYMENT 17,80 0.00 11-27-04 11-04 172 PAYMENT 0.00 77.85 589,83 83,191.86 11 -27~04 10-04 172 PAYMENT 1,659.22 77.31 590.37 83,269.71 SER 1 8484170504 TRAVIS L HURST 0.00 0.00 0.00 17.80 8 PROPERTY INSPECTION 136.57 442.63 123,47 306.06 63.82 1 LATE CHARGE ~--* PF2 FOR ADDL MESSAGES *-~-~----------~--~---------________________________ ACTIVE FORECLOSURE LOAN 12 lH FORECLOSURE. F/C STOP = ~ 001 DAYS TO PROJECTED LEGAL DATE LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT CUSTOMER SERVICE INVN63/001 01/30/06 15:35:24 208~62-8654 0 TYPE F.H.A. MAN F 000-00-0000 IR 8.50000 BR 00 717~728-4635 1262 HUNTERS RIDGE D MECHANICSBURG PA 17055 B 717-369-4944 < REIN FIGURES. IAO: 6453,29 TO: PHELAN HA >: 12/06/05 -----HIST----~-------~-~-------* LOAN HISTORY *---------------~----------(MORE) PROC~DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 01-18~05 12-04 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 32.17~1 LATE CHARGE 01-06~05 06-05 310 MORTGAGE INSURANCE DISBURSEMENT 34.76- 0,00 0.00 34.76~ 373.11 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 766 MISCELLANEOUS REPAYMENT 0.00 0.00 0.00 12.00 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 34,76- 407.87 ---* PF2 FOR ADDL MESSAGES *--------------------~------------------------------ ACTIVE FORECLOSURE LOAN l2 lU FORECLOSURE. F/C STOP = J 001 DAYS TO PROJECTED LEGAL DATE SER1 8484170504 TRAVIS L HURST PAYEE = F.H.A, 12-16~04 12-04 0.00 12~07-04 00-00 12.00 12-04-04 06-05 34.76- 32.17~1 LATE CHARGE 3RD REC CORP ADV PAYEE = F.H.A. LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT , CUSTOMER SERVICE INV N63/001 01/30/06 15:35:24 208~62~8654 0 TYPE F.H.A. MAN F 000-00-0000 IR 8.50000 BR 00 717-728-4635 1262 HUNTERS RIDGE 0 MECHANICSBURG PA 17055 B 717-369-4944 < REIN FIGURES. lAD: 6453,29 TO: PHELAN HA >: 12/06/05 -----HIST----------~-----------* lOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT IRilli TRAN,-DESCR I PTlDN TRAN""EFFECTI VE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/QESCRI PTI ON 02-04-05 06-05 310 MORTGAGE INSURANCE DISBURSEMENT 34.76- 0.00 0.00 34.76~ 611.49 175 PRINCIPAL PAYMENT 27 , 16 0 .00 82,984,03 01-28-05 01-05 172 PAYMENT 0.00 79,12 588,56 83,011.19 01-28-05 12-04 172 PAYMENT 1,672.84 78.57 589.11 136,57 83,090.31 509,68 ---* PF2 FOR ADDl MESSAGES *-~---------~-------------~------------------------- ACTIVE FORECLOSURE LOAN l2 ltl FORECLOSURE. F/C STOP = ~ 001 DAYS TO PROJECTED LEGAL DATE SERl 8484170504 TRAVIS L HURST 01-28-05 02-05 27.16 PAYEE = F.H,A. 0.00 136.57 646.25 64.34 1 LATE CHARGE LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT , CUSTOMER SERV ICE INV N63/001 01/30/06 1 5 : 35 ,24 208~62-8654 0 TYPE F.H,A, MAN F 000~00~0000 IR 8.50000 BR 00 717-728-4635 1262 HUNTERS RIDGE D MECHANICSBURG PA 17055 B 717~369-4944 < REIN FIGURES. lAO, 6453.29 TO, PHELAN HA >: 12/06/05 ----~HIST------------~~~-----~~* LOAN HISTORY *~------~------------------(MORE) PROC-DT DUE DT TRAN TRAN DESCR I PT!ON TRAN EFFECT! VE DATE AMOUNT/CD/DESCRIPTION SERI 8484170504 TRAVIS L HURST TRAN AMT PRINCIPAL INTEREST ESCROW 03-08~05 03-05 173 PAYMENT 0.00 0.00 0,00 0.00 32,17 1 LATE CHARGE 32 . 1 7~ SUSPENSE 02-16~05 02-05 0.00 172 PAYMENT 79.88 587.80 136.57 82.904,15 713.30 03-04~05 06-05 310 MORTGAGE INSURANCE DISBURSEMENT 34.76- 0,00 0.00 34.76~ 576,73 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 03-07~05 02-.05 845,32 41.07 SUSPENSE PAYEE = F.H.A. 32,17-1 LATE CHARGE ---* PF2 FOR ADDL MESSAGES *------------------------------------~----__________ ACTIVE FORECLOSURE LOAN 12 lH FORECLOSURE, F/C STOP _ ~ 001 DAYS TO PROJECTED LEGAL DATE LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT SERl 8484170504 TRAVIS L HURST CUSTOMER SERV 1 CE INV N63/001 01/30/06 15: 35: 24 208~62-8654 0 TYPE F.H.A. MAN F 000~00-0000 lR 8.50000 BR 00 717-728-4635 1262 HUNTERS RIDGE D MECHANICSBURG PA 17055 B 717~369~4944 < REIN FIGURES, lAD: 6453.29 TO: PHELAN HA >: 12/06/05 ~---~HIST--------------------~~* LOAN HISTORY *~-~-~-~---------------~--~(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN~EFFECTIVE-DATE TRAN~AMT PR INC IPAL I NTEREST ESCROW AMOUNT/CD/DESCR I PTlON 437.10 04-18-05 03-05 152 LATE CHARGE ASSESSMENT 0.00 0.00 0,00 0,00 32.17~1 LATE CHARGE 04-04~05 06-05 310 MORTGAGE INSURANCE DISBURSEMENT 34,76- 0,00 0.00 34,76- PAYEE = F,H.A. 678,54 03-16-05 03-05 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 03-08~05 03-05 173 PAYMENT 0.00 0.00 0,00 0.00 32.17-1 LATE CHARGE 8.90 8 PROPERTY INSPECTION 8.90- SUSPENSE ---* PF2 FOR ADDL MESSAGES *-~-~-----~-~~----~-~~----~~~-----~~-~-------------- ACTIVE FORECLOSURE LOAN l2 lti FORECLOSURE. F/C STOP = } 001 DAYS TO PROJECTED LEGALLPATE LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT , SER 1 84841 70&04 TRAV IS L HURST CUSTOMER SERVICE INVN63/001 01/30/06 15:35:24 208~62"8654 0 TYPE F.H.A. MAN F 000-00-0000 IR 8,50000 BR 00 717~728-463& 1262 HUNTERS RIDGE 0 MECHANICSBURG FA 17055 B 717-369-4944 < RE I NFl GURES . I AO ; 6453.29 TO: PHELAN HA >: 12/06/05 -----HIST---------------------~* LOAN HISTORY *----~----~------~~-----~--(MDRE) PRoc-cn OUE-OT TRAN TRAN-DESCR I PTlON TRAN-EFFECT I VE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CO/DESCRIPTION 64.34- SUSPENSE 05-09-05 04-05 0.00 172 PAYMENT 81.01 82,742.70 05-09-05 03-05 172 PAYMENT 1,700.00 80.44 &87.24 82,823.71 05-0&-05 06-05 310 MORTGAGE 34.76- 0.00 586.67 136.57 675,48 136.57 &38.91 INSURANCE DISBURSEMENT 0.00 34.76- 40:2.34 91.50 SUSPENSE PAYEE = F,H.A. 04-20-05 04-0& 313 TAX DISBURSEMENT 241,44- 0.00 0.00 241 .44~ PAYEE = 370410208 ---* PF2 FOR ADDL MESSAGES *---------~----------------------------------------- ACTIVE FORECLOSURE LOAN 12 lH FORECLOSURE, F/C STOP = ~ 001 DAYS TO PROJECTED LEGAL DATE LOAN PAST DUE Z MONTHS PROCESSING ~TES ARE PRESENT CUSTOMER SERViCE INV N63/001 01/30/06 15:35:24 208-62-8654 0 TYPE F.H,A. MAN F OOO-OO~OOOO IR 8.50000 BR 00 717-728-4635 1262 HUNTERS RIDGE D MECHANICSBURG PA 17055 B 717-369-4944 < RE I NFl GURES . I AD: 6453 ,29 TO: PHELAN HA >: 12/06/05 ----~HIST----~~~----~~~~----~~~* LOAN HISTORY *~~------~~----~~-~-------~(MORE) PROC-DT DUE__DT TRAN TRAN"DESCR I PTION TRAN~EFFECTI VE-DATE TRAN-AMT PR I NCI PAL I NTEREST ESCROW AMOUNT /CD/DESCR I PTI ON 05-17-05 05-05 173 PAYMENT 0.00 0.00 05-17-05 05-05 173 PAYMENT 0.00 0.00 SERI 8484170504 TRAVIS L HURST 0.00 0.00 0.00 0,00 18.26 I LATE CHARGE 18,26- SUSPENSE 05-16~05 05-05 152 LATE CHARGE ASSESSMENT 0,00 05-10~05 05-05 0,00 0.00 0,00 0.00 173 PAYMENT 0.00 0.00 0,00 32.17~1 LATE CHARGE 8,90 8 PROPERTY INSPECTION 8.90- SUSPENSE 05-10-05 05-05 173 PAYMENT 0.00 0.00 0.00 0.00 64.34 1 LATE CHARGE ---* PF2 FOR ADDL MESSAGES *---------------------------------------____________ ACTIVE FORECLOSURE LOAN ~ lH FORECLOSURE. F/C STOP = ~ 001 DAYS TO PR01ECTED LEGAL~QATE LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT SERl 8484\70504 TRAVIS L HURST CUSTOMER SERVICE lNVN63/001 01/30/06 15:35:24 208~62-8654 0 TYPE F.H.A. MAN F 000-00-0000 IR 8,50000 BR 00 717~728-4635 1262 HUNTERS RIDGE D MECHAN I CSBURG PA 17055 B 717~369-4944 < RE INF I GURES. lAD: 6453.29 TO: PHELAN HA >: 1 2/06/05 ----NH1ST-----------------~~---* LOAN HISTORY *--------~-----------------(MORE) PROC-DT DUE-DT TRAN TRAN~DESCR 1 PT 1.0N TRAN~EFFECT I VE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CO/DESCRIPTION 742.93 06-16-05 06-05 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 06-08-05 06-05 173 PAYMENT 0.00 0.00 0.00 0.00 32.17-1 LATE CHARGE 0.75 1 LATE CHARGE 0,75- SUSPENSE 06-07~05 05-05 805,00 172 PAYMENT 81.59 586.09 136,57 82 ,661. 1 1 777 ,29 06-04~05 06-05 310 MORTGAGE INSURANCE DISBURSEMENT 34.76- 0,00 0.00 34,76- 640,72 ---* PF2 FOR ADDL MESSAGES *-~-~----------------------------------------------- ACTIVE FORECLOSURE LOAN 12 lU FORECLOSURE. F/C STOP = d 001 DAYS TO PROJECTED LEGAL QATE 0.75 SUSPENSE PAYEE = F,H.A. LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT SER\ 8484170504 TRAVIS L HURST CUSTOMER SERVICE lNV N63/001 01/30/06 15:35:24 208-62-8654 0 TYPE F.H.A. MAN F 000~00-0000 IR 8.50000 BR 00 717-728-4635 1262 HUNTERS RIDGE 0 MECHANICSBURG PA 17055 B 717-369-4944 < REIN FIGURES. lAO, 6453.29 TO: PHELAN HA ): 12/06/05 ----NHIST-----~~-------~-------* LOAN HISTORY *--------~~-------~--------(MORE) PROC-DT DUE-DT TRAN TRANc'DE5CRIPTION TRAN-EFFECT1VE-DATE TRAN~AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 07-19-05 07-05 173 PAYMENT 0.00 0.00 07-18~05 07-05 0.00 07-18-05 07-05 0.00 07-16-05 06-05 805.00 0.75 880.25 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 173 PAYMENT 0.00 172 PAYMENT 82.18 585.52 136.57 82,578.95 879.50 07-02-05 06-06 310 MORTGAGE INSURANCE DISBURSEMENT 34,36- 0.00 0.00 34.36- PAYEE = F.H.A. ---* PF2 FOR ADDL MESSAGES *--------------------------------------------------- ACTIVE FORECLOSURE LOAN ~ ltl FORECLOSURE, F/C STOP = ~ 00\ DAYS TO PROJECTED LEGAL DATE 0.00 0,75- SUSPENSE 32.17~1 LATE CHARGE 0.00 0,00 0.75 SUSPENSE LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT SER 1 84841 70504 TRAVIS L HURST CUSTOMER SERVICE INV N63/001 01/30/06 15:35:24 208~62-8654 0 TYPE FcH.A. MAN F 000-00-0000 IR 8.50000 BR 00 717-728-4635 1262 HUNTERS RIDGE D MECHANICSBURG PA 17055 B 717-369~4944 < RE IN FIGURES. I AO:8453. 29 TO: PHELAN HA >: 12/08/05 ----NHIST--~---------~-----~---* LDAN HISTORY *~-----~-------~---------~-(MORE) PROC-DT DUE"CDT TRAN TRAN-,-QESCR I PIlON TRAN-EFFECT] VE-OATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 08-19-05 07-05 161 ESCROW ADVANCE 129.07 0.00 0.00 129,07 08-19-05 08-05 314 LIEN DISBURSEMENT 974,96- 0,00 0.00 974.96- 129.07~ 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 32.17-1 LATE CHARGE 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 34,36~ 845.89 PAYEE = 370410609 08-16-05 07-05 0,00 08-02-05 06-06 34.36- PAYEE = F.H.A. 07-19-05 07-05 173 PAYMENT 0,00 0,00 0.00 0.00 ---* PF2 FOR ADDL MESSAGES *--------------------~------------------------------ ACTIVE FORECLOSURE LOAN l2 lU FORECLOSURE. F/C STOP = ~ 00\ DAYS TO PROJECTED LEGAL DATE LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT SERl 8484170504 TRAVIS L HURST CUSTOMER SERVICf, I NVN63/00 I 01/30/06 15: 35: 24 208-62-8654 0 TVPE F.H.A. MAN F 000-00-0000 IR 8,50000 BR 00 717~728-4635 1262 HUNTERS RIDGE 0 MECHANICSBURG PA 17055 B 717-369-4944 < REIN FIGURES. IAO: 6453.29 TO: PHELAN HA >: 12/06/05 ----~HIST------~-------~---~~--* LOAN HISTORY *--------~--------~--------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN~EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CO/DESCRIPTION 10-05-05 07-05 161 ESCROW ADVANCE 34.36 0.00 0.00 34.36 10-05~05 06-06 310 MORTGAGE INSURANCE DISBURSEMENT 34.36- 0.00 0,00 34,36- 197.79~ 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 161 ESCROW ADVANCE 0,00 0.00 34,36 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 34.36- 163.43- ---* PF2 FOR ADDL MESSAGES *--------------------------------------------------- ACTIVE FORECLOSURE LOAN l2 lH FORECLOSURE, F/C STOP _ ~ 001 DAYS TO PROJECTED LEGAL PATE PAYEE = F.H.A, 09-16~05 07-05 0.00 09-03~05 07-05 34.36 09-03-05 06-06 34,36- 32.17~1 LATE CHARGE PAYEE = F.H.A. LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT CUSTOMER SERV ICE INV N63/001 01/30/06 15: 35: 24 208~62~8654 0 TYPE F.H.A. MAN F 000~00-0000 IR 8,50000 BR 00 717~728-4635 1262 HUNTERS RIDGE 0 MECHANICSBURG PA 17055 B 717~369-4944 < REI NFl GURES , I AD : 6453 .29 TO: PHELAN HA >: 1 2/06/05 ----~HIST----~~~---~-~-~-~---~~* LOAN HISTORY *~~----~~~~~---~~~------~--(MORE) PROC-DT DUE-DT IRAN TRAN-DESGRI PTIDN TRAN~EFFECT I VE-DATE TRAN-AMT PR I NC IPAL I NIEREST ESCROW AMOUNT/CD/DESCR I PT ION 12-05~05 06-06 310 MORTGAGE INSURANCE DISBURSEMENT 34,36- 0.00 0,00 34.36~ 266.51~ 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 161 ESCROW ADVANCE 0.00 0.00 34.36 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 34.36~ 2.32 . I 5~ 10-17~05 07-05 152 LATE CHARGE ASSESSMENT 0,00 0,00 0.00 0.00 32.17-1 LATE CHARGE ---* PF2 FOR ADDL MESSAGES *----~---------------------------___________________ ACTIVE FORECLOSURE LOAN 12 lH FORECLOSURE. F/C STOP. = d 001 DAYS TO PROJECTED LEGAL DATE SERI 8484170504 TRAVIS L HURST PAYEE = F,H,A. 11-16-05 07-05 0.00 11-04-05 07-05 34.36 11-04-05 06-06 34.36- 32.33-1 LATE CHARGE PAYEE = F,H.A. LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT CUSTOMER SERVI CE INV N63/001 01/30/06 1 S: 35: 24 208-62-8654 0 TYPE F.H.A. MAN F 000~00-0000 IR 8.50000 BR 00 717~728-4635 1262 HUNTERS RIDGE D MECHANICSBURG PA 17055 B 717-369-4944 < REIN FIGURES, lAD: 6453.29 TO: PHELAN HA >: 12/06/05 ~---~HIST--------------------~-* LOAN HISTORY *~------------------------~(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTI VE-DATE TRAN~AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 01-17-06 07-05 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 01-05~06 07-05 161 ESCROW ADVANCE 34.36 0.00 0,00 34.36 01-05-06 06-06 310 MORTGAGE INSURANCE DISBURSEMENT 34.36- 0.00 0,00 34.36~ 300,87~ 152 LATE CHARGE ASSESSMENT 0,00 0.00 0.00 161 ESCROW ADVANCE 0,00 0.00 SERl 8484170504 TRAVIS L HURST 32.33~1 LATE CHARGE PAYEE = F.H,A. 12-16~05 07-05 0,00 12-05-05 07-05 34.36 32,33~1 LATE CHARGE 34.36 ---* PF2 FOR ADDL MESSAGES *-------------------------__________________________ ACTIVE FORECLOSURE LOAN l2 lH FORECLOSURE. F/C STOP = ~ 001 DAYS TO PROJECTED LEGAL DATE LOAN PAST DUE Z MONTHS PROCESSING NOTES ARE PRESENT EXHIBIT F Washington Mutual P.O. Box 44118 Jacksonville, FL 32231-4118 8484170504 7100 4047 5100 2469 1605 September 15, 2005 001123 TRAVIS L HURST 1262 HUNTERS RIDGE DR MECHANICSBURG PA 17050 WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RE: 8484170504 1 1262 Hunters Ridge Dr. Mechanicsburg PAl 7055 PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED NOTICE OF COLLECTION ACTIVITY Dear Borrower: The records of Washington Mutual Bank indicate that as of the date of this letter, you have failed to make the re<J,uired monthly payments under the terms of your Note ("Note") and related Mortgage or Deed of Trust, whIChever is applicable ("Security Instrument") since 07/01/2005. The total amount presently due and owing ("Total Amount Due") consists of the following: Principal & Interest Payment:$ Escrow: Accumulated Unpaid Late Charges: Outstanding Fees Total: Corporate Advance: Credits: Total Amount Due:$ 2003.04 409.71 109.67 8.90 0.00 0.00 253132 The terms of the Note and Security Instrument require you to pay each monthly payment and any related late charge and other fees when due. This correspondence will serve to notify you that you are in default under the terms of your Note and Security Instrument because of your failure to pay the above mentioned Monthly Payments, related late charges and fees when due. You may cure this default within thirty (30) days from the date of this letter by paying to Washington Mutual Bank the total amount due plus any addItional monthly payments and late charges falfing due within this thirty day period. Failure to cure sucli default within the 30-day penod will result in Washington Mutual declaring the entire outstanding principal balance, accrued interest and any other fees and charges due under the terms of the Note and Security Instrument to be immediately due ("Acceleration"). If this amount is not immediately paid at such time, Washington Mutual may exercise its remedies available under the terms of the Note and Secunty Instrument and applicable law, including the commencement of foreclosure proceedings which may result in the sale of your property. After acceleration, you will have the right to assert any grounds you may have to prove the non-existence of a default. You may also reinstate your loan. In addition, you will have the right in any related foreclosure proceedings to assert any defense to acceleration, the foreclosure litigation and, if applicable. the eventual sale of your property pursuant to a court order or trustee power of sale. We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. Please contact our office immediately to discuss your account status. Our toll free number is 1-866-926-8937. Sincerely. Collection Department C0823 VFRIFWATlON 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. 94904 relating to unsworn falsification to authorities. >h\10~ Date . , Sheetal R. Shah-Jani, Attorney for Plaintiff -c,.." '-", -': \..j --el- I I ~~~ -<\ ~.. .. ," '.' C' " PHELAN HALLINAN & SCHMIEG, LLP By: SHEET AL R. SHAH-JANI, ESQUIRE Identification No. 91298 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2151 561-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff Court of Common Pleas Civil Division vs. : Cumberland County Travis L. Hurst 1262 Hunters Ridge Drive Mechanicsburg, PA 17055 Defendant : No. 05-6376 CIVIL TERM CFRTTFWATTON OF SFRVWF I hereby certifY that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support thereof, Order, Certification of Service, Praecipe for Argument, and Attached Exhibits were sent via first class mail to the person on the date listed below: Debra D. Cantor, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, P A 171 08 ~\~\ \ O(P \ ' --, Date: Sheetal R. Shah-Jani Attorney for Plaintif c:; r:..::: . - ~ c: \..0 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-6376 v. TRAVIS L. HURST Defendant DEFENDANT'S MOTION FOR CONTINUANCE AND NOW, comes Defendant, Travis L. Hurst, by and through his counsel, McNees Wallace & Nurick LLC, and requests a continuance of argument court scheduled for May 17, 2006 as follows: 1. The instant action is a mortgage foreclosure on real property located at 1262 Hunters Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, 2, On April 4, 2006, Plaintiff filed a Motion for Summary Judgment in this action, 3. On May 5, 2006, Defendant filed his Answer to Motion for Summary Judgment. 4. This matter is scheduled for Argument Court on May 17, 2006. 5, The home located at 1262 Hunters Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 has been sold, 6, The settlement on this house is scheduled for May 25, 2006, 7. Plaintiff has been provided with a copy of the Sales Agreement as well as verification of mortgage approval for the buyers of the home, Therefore, foreclosure will be unnecessary as there are sufficient funds to pay any outstanding mortgage obligation against the home from the settlement proceeds. 8, Plaintiff has agreed to provide payoff information in a timely fashion, 9, Plaintiffs counsel was contacted regarding this Motion and concurs with this request. WHEREFORE, Defendant, Travis L. Hurst, is requesting that the Argument set for May 17, 2006 be scheduled for the following Argument Court as it is believed that due to the home sale this issue will be moot. Respectfully submitted, McNEES WALLACE & NURICK LLC By o 1.0, No, 100 Pine Street P,O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (fax) Attorneys for Defendant Dated: May 5,2006 CERTIFICATE OF SERVICE I certify that I have this day served the foregoing document on the person indicated below by first-class mail: Sheetal R. Shah-Jani, Esquire PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Dated: May 5,2006 () c ~ l1' ~rp z ~:!:~ zs.> (j) .':. -<., ~C' ~Q, >~ ~ r-.) c:>> c:>> CJ" :s :;po -< f CJ1 ~ ~:D ~.~ ->IT ~ O~ - ~ ~ ~ ..."J MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-6376 v, TRAVIS L. HURST Defendant DEFENDANT'S RESPONSE TO MOTION FOR SUMMARY JUDGMENT Defendant respectfully requests this Honorable Court enter an Order denying Summary Judgment as follows: 1. Denied. It is denied that there are no material issues of fact in dispute. In fact, the reasonableness of attorneys' fees and costs in this matter is in dispute, 2. Admitted, 3. Admitted in part, denied in part, While it is admitted that Defendant, Travis L. Hurst, has filed an Answer to the Complaint, the contents of the Answer speak for themselves, The remaining portions of this averment are denied. 4. Admitted in part, denied in part. It is admitted that Defendant denied paragraph 5 and 6 of the Complaint. The remainder of this averment is denied, 5. Denied. This is a legal conclusion to which no responsive pleading is required. 6. Admitted. 7. Admitted, 8. Admitted in part, denied in part. It is admitted that the mortgage is overdue for a period in excess of ten (10) months. The accuracy of the contents of Exhibit A are specifically denied. 9, Denied, After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and, therefore, the averments are denied. 10. Admitted. 11. Denied. This is a legal averment to which no responsive pleading is required. By way of further answer, Defendant did not receive this notice of a collection activity, as he was not in possession of the home at the time that it was mailed, He did, however, subsequently learn of the foreclosure proceeding, 12. Admitted, 13, Denied, It is denied that Plaintitrs request for attorneys' fees is reasonable. 14. Admitted. WHEREFORE, Defendant respectfully requests that the Motion for Summary Judgment be denied. Respectfully submitted, McNE ra 0, C to 1.0. No. 66 100 Pine Street P,O, Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (fax) By Dated: May 5.2006 Attorneys for Defendant 2 VERIFICATION Subject to the penalties of 18 Pa. C,S,A, ~ 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my infonnation and belief, Dated: May 5,2006 CERTIFICATE OF SERVICE I certify that I have this day served the foregoing document on the person indicated below by first-class mail: Sheetal R. Shah-Jani, Esquire PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Dated: May 5, 2006 (') ..... ~ <=> r; = C7"o 'S.. :z ~:!J ""On} ~P' :I> :"II -< F;:; zc C/)...;;~: I =.a~ ~ti U1 0 ~o -0 g~ ~c :z c - ~ .. ~ w w .. .. o~ # MAY 1 1 'UU~\L rr-' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 05-6376 v. TRAVIS L. HURST Defendant ORDER AND NOW, this " day of May, 2006, upon consideration of Defendant's Motion for Continuance, the Motion for Continuance is hereby GRANTED, and the Argument scheduled for May 17, 2006 is continued, and rescheduled fOr the July 2006 Argument Court session, BY THE COURT: 4;1, J. ... ..... -. 'VINIfA1ASNN3d l\lNnO~l O;;'flil!jtiV~no e Z :8 Wd ,,). VW 9DOl ).l:fvlONOl-ilOcd 3Hl :10 301:1:1D-G31H PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S, HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division Defendant(s) Cumberland County /p3 ,]L. No. 05-6%-7 Civil Term vs, Travis 1. Hurst PRAECIPE TO THE PROTHONOTARY: _Please mark the above referenced case Discontinued and Ended without prejudice. X Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:-S\~ \O-.D rJ~ S- l4MJL ' Francis S. Hallinan, Esquire Attorney for Plaintiff PHS # 127533 -, , ~ C ~:~ t-- r-;> r::::? \C.:'.';,;:' C7' <- S ....'~ o -Tl .-< ~~ -( ), '(~:~' -:::; } ...., '".j w ~ -"'" t~f.i; 5j :< .;-