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Home My WebLink About07-3411 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 155391 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 V. Plaintiff JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07 -3y1I (2iu; C CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 155391 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 155391 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 File #: 155391 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. File #: 155391 1. Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/31/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1954, Page: 4523. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2007 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 #: 155391 6 The following amounts are due on the mortgage: Principal Balance $66,693.68 Interest $1,874.16 01/01/2007 through 06/01/2007 (Per Diem $12.33) Attorney's Fees $1,325.00 Cumulative Late Charges $102.84 05/31/2006 to 06/01/2007 Cost of Suit and Title Search 750.00 Subtotal $70,745.68 Escrow Credit ($555.22) Deficit $0.00 Subtotal $555.22 TOTAL $70,190.46 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 155391 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $70,190.46, together with interest from 06/01/2007 at the rate of $12.33 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 By: /s/Francis S. HallinanLAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 155391 LEGAL DESCRIPTION ALL THAT CERTAIN PARCEL OF GROUND SITUATE IN THE TOWNSHIP OF North NEWTON, CITY OF NEWVILLE, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 112, PAGE 486, ID# 30191683043, BEING KNOWN AND DESIGNATED AS Lot 16, FINAL SUBDIVISION Plan OF North NEWTON HILLS PHASE I, FILED IN PLAT BOOK 66, PAGE 97, RECORDED August 9, 1993, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE Northern DEDICATED RIGHT-OF-WAY LINE OF LANCE COURT AT THE DIVIDING LINE OF Lot #16 AND Lot #17, SAID POINT ALSO BEING LOCATED 65.49 FEET West OF THE Western EXTREMITY OF AN ARC CONNECTING THE Northern DEDICATED RIGHT-OF-WAY LINE OF LANCE COURT AND THE Western DEDICATED RIGHT-OF-WAY LINE OF JAMES DRIVER; THENCE BY THE Northern DEDICATED RIGHT-OF-WAY LINE OF LANCE COURT South 65 DEGREES 15 MINUTES 00 SECONDS West 58.13 FEET TO A POINT; THENCE BY SAME BY A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND AN ARC LENGTH OF 23.26 FEET TO A POINT; THENCE BY LINE OF Lot #15 North 51 DEGREES 24 MINUTES 22 SECONDS West 105.17 FEET TO A POINT; THENCE BY OTHER LANDS OF North NEWTON HILLS North 52 DEGREES 47 MINUTES 21 SECONDS East 90.31 FEET TO A POINT; THENCE BY SAME North 37 DEGREES 49 MINUTES 48 SECONDS East 30.97 FEET TO A POINT AT THE DIVIDING LINE OF Lot File #: 155391 #16 AND Lot #17; THENCE BY LINE OF Lot #17 South 33 DEGREES 36 MINUTES 42 SECONDS East 78.36 FEET TO A POINT; THENCE BY SAME South 24 DEGREES 45 MINUTES 00 SECONDS East 45.00 FEET TO A POINT; THE PLACE OF BEGINNING. CONTAINING 10,931 SQUARE FEET. TAX ID #: 30-19-1683-043 BY FEE SIMPLE DEED FROM JAYME S. BINDER AND JODY A. BINDER, FORMERLY KNOWN AS JODY A. DAY, AS T/C AS SET FORTH IN DEED BOOK 268, PAGE 4456 AND RECORDED ON 5/17/2005, CUMBERLAND COUNTY RECORDS. PROPERTY BEING: 3 LANE COURT File #: 155391 V# VERIFICATION hereby states that he/she is V of WASHINGTON MUTUAL BANK, mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE:J(A,VLP- (I Zooq Company: WASHINGTON MUTUAL BANK Loan: 155391 ? b t, o .13 tlo SHERIFF'S RETURN - REGULAR CASE*NO: 2007-03411 P r COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK N A VS BINDER JAYME S ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BINDER JAYME S the DEFENDANT , at 1834:00 HOURS, on the 15th day of June 2007 at 3 LANCE COURT NEWVILLE, PA 17241 JAYME BINDER 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 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 n .00 38.56 Sworn and Subscibed to before me this day So Answers: f R. Thomas Kline 06/19/2007 PHELAN HALL ZSMIEG By: Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CP#SE NO: 2007-03411 P dr COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK N A VS BINDER JAYME S ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BINDER JODY A was served upon DEFENDANT the at 1834:00 HOURS, on the 15th day of June , 2007 at 3 LANCE COURT NEWVILLE, PA 17241 JAYME BINDER, HUSBAND 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: So Answers: Docketing Service Affidavit 6.00 .00 00 Surcharge 10.00 R. Thomas Kline .00 16.00 06/19/2007 PHELAN HALLIN CH EG C% Sworn and Subscibed to By: before me this day eputy Sherif of A.D. . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE MILWAUKEE, WI 53224 V. Plaintiff, JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3411 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAYME S. BINDER and JODY A. BINDER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 6/2/07 to 9/5/07 TOTAL $70,190.46 $1,183.68 $71,374.14 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 155391 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff' Vs. JAYME S. BINDER JODY A. BINDER Defendants TO: JAYME S. BINDER 3 LANCE COURT NEWVILLE, PA 17241 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-3411-CIVIL TERM DATE OF NOTICE: JULY 6.2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Ir'l CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET r_ CARLISLE PA 17013 (800)990-9108 S. HALLINAN, ESQUIRE for Plaintiff • PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (21.5 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff Vs. JAYME S. BINDER JODY A. BINDER Defendants TO: JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 DATE OF NOTICE: J1 11-Y 6.2007 : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY NO. 07-3411-CVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE wt CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S. HALLINAN, ESQUIRE for Plaintiff • PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 07-3411 JAYME S. BINDER JODY A. BINDER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAYME S. BINDER is over 18 years of age and resides at, 3 LANCE COURT, NEWVILLE, PA 17241. (c) that defendant JODY A. BINDER is over 18 years of age, and resides at, 3 LANCE COURT, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. L? . DANIEL G. SCHM G, ESQU Attorney for Plaintiff p. X. 40 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. Plaintiff, CIVIL DIVISION V. JAYME S. BINDER JODY A. BINDER CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 07-3411 Defendant(s). DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on q '1 /20017. By. s - Oka If you have any questions concerning this matter, please contact: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. JAYME S. BINDER JODY A. BINDER Defendant(s). No. 07-3411 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/5/07 to MARCH 5, 2008 (per diem -$11.73) Add'l Costs TOTAL $71,374.14 $2,134.86 and Costs $1,701.50 $75,210.50 XIM-up H" Llaa??Q- DANIEL G. SCHMIE , E=One Penn Center at Suburbn 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not .be sold in the absence of a representative of the plaintiff at-the Sheriff's Sale. The sale must be. postponed or stayed in the event that a representative of the plaintiff is not present at the.sale. 155391 V o v HQ ? V d ?V F a c; e 0 A dC?a o ? w o 0 'w d M rf? ut? r-I *lD a? as 7 4 W LEGAL DESCRIPTION ALL THAT CERTAIN PARCEL OF GROUND SITUATE IN THE TOWNSHIP OF North NEWTON, CITY OF NEWVILLE, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 112, PAGE 486, ID# 30191683043, BEING KNOWN AND DESIGNATED AS Lot 16, FINAL SUBDIVISION Plan OF North NEWTON HILLS PHASE I, FILED IN PLAT BOOK 66, PAGE 97, RECORDED August 9, 1993, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE Northern DEDICATED RIGHT-OF-WAY LINE OF LANCE COURT AT THE DIVIDING LINE OF Lot #16 AND Lot #17, SAID POINT ALSO BEING LOCATED 65.49 FEET West OF THE Western EXTREMITY OF AN ARC CONNECTING THE Northern DEDICATED RIGHT-OF-WAY LINE OF LANCE COURT AND THE Westem DEDICATED RIGHT-OF-WAY LINE OF JAMES DRIVER; THENCE BY THE Northern DEDICATED RIGHT-OF-WAY LINE OF LANCE COURT South 65 DEGREES 15 MINUTES 00 SECONDS West 58.13 FEET TO A POINT; THENCE BY SAME BY A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND AN ARC LENGTH OF 23.26 FEET TO A POINT; THENCE BY LINE OF Lot # 15 North 51 DEGREES 24 MINUTES 22 SECONDS West 105.17 FEET TO A POINT; THENCE BY OTHER LANDS OF North NEWTON HILLS North 52 DEGREES 47 MINUTES 21 SECONDS East 90.31 FEET TO A POINT; THENCE BY SAME North 37 DEGREES 49 MINUTES 48 SECONDS East 30.97 FEET TO A POINT AT THE DIVIDING LINE OF Lot #16 AND Lot #17; THENCE BY LINE OF Lot #17 South 33 DEGREES 36 MINUTES 42 SECONDS East 78.36 FEET TO A POINT; THENCE BY SAME South 24 DEGREES 45 MINUTES 00 SECONDS East 45.00 FEET TO A POINT; THE PLACE OF BEGINNING. CONTAINING 10,931 SQUARE FEET. TAX ID #: 30-19-1683-043 BY FEE SIMPLE DEED FROM JAYME S. BINDER AND JODY A. BINDER, FORMERLY KNOWN AS JODY A. DAY, AS T/C AS SET FORTH IN DEED BOOK 268, PAGE 4456 AND RECORDED ON 5/17/2005, CUMBERLAND COUNTY RECORDS. TITLE TO SAID PREMISES IS VESTED IN JAYME S. BINDER AND JODY A. BINDER, AS TENANTS IN COMMON, BY DEED FROM JAYME S. BINDER AND JODY A. BINDER, FORMERLY KNOWN AS JODY A. DAY, AS TENANTS IN COMMON, DATED 01/13/2005, RECORDED 05/17/2005, IN DEED BOOK 268, PAGE 4456. PREMISES: 3 LANCE COURT, NEWVILLE, PA 17241 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. JAYME S. BINDER JODY A. BINDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3411 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK. F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .3 LANCE COURT, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 3 LANCE COURT NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded hold Name MERS AS A NOMINEE FOR GMAC MORTGAGE CORPORATION, D/B/A DITECH.COM ,r of every mortgage of record: Last Known Address (if address cannot be reasonably ascertained, please indicate) 3200 PARK CENTER DRIVE, STE.150 COSTA MESA, CA 92626 MERS AS A NOMINEE FOR GMAC PO BOX 2026 MORTGAGE CORPORATION, D/B/A FLINT, MI 48501-2026 DITECH.COM 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 3 LANCE COURT NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Boa 2675 Harrisburg, PA 17105 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPT. 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. . September 5, 2007 L2M id H, DATE DANIEL G. SCHMI G, ESQU Attorney for Plaintiff T} ? ?y ? , ??: WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. JAYME S. BINDER JODY A. BINDER Defendant(s). CUMBERLAND COUNTY No. 07-3411 September 5, 2007 TO: JAYME S. BINDER 3 LANCE COURT NEWVILLE, PA 17241 JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY" Your house (real estate) at, 3 LANCE COURT, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH S. 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71,374.14 obtained by WASHINGTON MUTUAL BANK. F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. JAYME S. BINDER JODY A. BINDER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3411 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff CIy %` t SPA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3411 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From JAYME S. BINDER & JODY A. BINDER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,374.14 L.L. $.50 Interest FROM 9/5/07 TO 3/5/08 (PER DIEM - $11.73) - $2,134.14 Atty's Comm % Due Prothy $2.00 Atty Paid $173.56 Plaintiff Paid Date: SEPTEMBER 14, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Other Costs $1,701.50 liepury PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JAYME S. BINDER JODY A. BINDER No. 07-3411 CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 8, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 7, 2007 in the amount of $71,374.14. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 5, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $75,024.69 Interest Through March 5, 2008 $2,165.55 Per Diem $12.33 Late Charges $128.55 Legal fees $1,325.00 Cost of Suit and Title $1,149.00 Sheriffs Sale Costs $0.00 Property Inspections $55.20 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $0.00 TOTAL $79,847.99 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on January 11, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. g, LLP P rm DATE: By : is elire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JAYME S. BINDER JODY A. BINDER No. 07-3411 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JAYME S. BINDER and JODY A. BINDER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 3 LANCE COURT, NEWVILLE, PA 17241. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: mieg, LLP By: Iff i s squire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHEI.AN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 155391 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE IMP- G &" '04 rebY V 0® to t)-v *A%0' coo 0A T0004 0?9 Filc #: 155391 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 155391 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE e rvDel eb , ? ue 50 e acs IQ , o? me warn coo t ?; ;Otd co ottedt 'xi ed o119a11e Filc N: 155391 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 MAY BE AISLE 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 #: 155391 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 c# 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 Pile #: 155391 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. Filc #: 155391 1. Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/31/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1954, Page: 4523. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 02/01/2007 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 #: 155391 6. The following amounts are due on the mortgage: Principal Balance $66,693.68 Interest $1,874.16 01 /01 /2007 through 06/0112007 (Per Diem $12.33) Attorney's Fees $1,325.00 Cumulative Late Charges $102.84 05/31/2006 to 06/01/2007 Cost of Suit and Title Search 750.00 Subtotal $70,745.68 Escrow Credit ($555.22) Deficit $0.00 Subtotal 555.22 TOTAL $70,190.46 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File N: 15539t 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency, 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $70,190.46, together with interest from 06/01/2007 at the rate of $12.33 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 ? By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File ii; 155391 LEGAL DESCRIPTION ALL THAT CERTAIN PARCEL OF GROUND SITUATE IN THE TOWNSHIP OF North NEWTON, CITY OF NEWVILI.E, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 112, PAGE 486, ID# 30191683043, BEING KNOWN AND DESIGNATED AS Lot 16, FINAL SUBDIVISION Plan OF North NEWTON HILLS PHASE I, FILED IN PLAT BOOK 66, PAGE 97, RECORDED August 9, 1993, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE Northern DEDICATED RIGHT-OF-WAY LINE OF LANCE COURT AT THE DIVIDING LINE OF Lot #16 AND Lot #17, SAID POINT ALSO BEING LOCATED 65.49 FEET West OF THE Western EXTREMITY OF AN ARC CONNECTING THE Northern DEDICATED RIGHT-OF-WAY LINE OF LANCE COURT AND THE Western DEDICATED RIGHT-OF-WAY LINE OF JAMES DRIVER; THENCE BY THE Northern DEDICATED RIGHT-OF-WAY LINE OF LANCE COURT South 65 DEGREES 15 MINUTES 00 SECONDS West 58.13 FEET TO A POINT; THENCE BY SAME BY A CURVE TO THE LEFT HAVING A ,RADIUS OF 50.00 FEET AND AN ARC LENGTH OF 23.26 FEET TO A POINT; THENCE BY LINE OF Lot # 15 North 51 DEGREES 24 MINUTES 22 SECONDS West 105.17 FEET TO A POINT; THENCE BY OTHER LANDS OF North NEWTON HILLS North 52 DEGREES 47 MINUTES 21 SECONDS East 90.31 FEET TO A POINT; THENCE BY SAME North 37 DEGREES 49 MINUTES 48 SECONDS East 30.97 FEET TO A POINT AT THE DIVIDING LINE OF Lot File N: 155391 #16 AND Lot #17; THENCE BYLINE OF Lot #17 South 33 DEGREES 36 MINUTES 42 SECONDS East 78.36 FEET TO A POINT; THENCE BY SAME South 24 DEGREES 45 MINUTES 00 SECONDS East 45.00 FEET TO A POINT; THE PLACE OF BEGINNING. CONTAINING 10,931 SQUARE FEET. TAX ID #: 30-19-1683-043 BY FEE SIMPLE DEED FROM JAYME S. BINDER AND JODY A. BINDER, FORMERLY KNOWN AS JODY A. DAY, AS T/C AS SET FORTH IN DEED BOOK 268, PAGE 4456 AND RECORDED ON 5/17/2005, CUMBERLAND COUNTY RECORDS. PROPERTY BEING: 3 LANE COURT File N: 155391 VERIFICATION Ank 44 hereby states that he/she is Jip- of WASHINGTON MUTUAL BANK, mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE:J(• n.e (,ZW-q Company: WASHINGTON MUTUAL BANK Loan: 155391 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. ,. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUrM 1400 PHILADELPHIA, PA 19103-1914 (215) $63-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION NO. 07-3411 JAYME S. BINDER JODY A. BINDER 'CJ 'P 3 LANCE COURT Gl) M ` = ± m NEWVILLE, PA 17241 i ro Defendant(s). -c7 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T&;: ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAYME S. BINWER and JODY A. BINDER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint interest from 6/2/07 to 9/5/07 TOTAL $70,190.46 $1,183.68 $71,374.14 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 155391 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey January 10, 2008 JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 RE: WASHINGTON MUTUAL BANK, F.A. vs. JAYME S. BINDER and JODY A. BINDER Premises Address: 3 LANCE COURT NEWVILLE, PA 17241 CUMBERLAND County CCP, No. 07-3411 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Wednesday, January 16, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Por y o , d , Es quire an Hall' & Schmieg, LLP Enclosure 0 0 Y a a _w U Q a 0 N .a U 0 a 0 b ? ? H b G ? zeo 8 .2 E N ° ? E v? ,• B ? y ? ? ?? ? 4 a311tlW OdIZ WO21 ± ? xg E tl £ - 300 g ( r. 80 L NVf 0 L08 M?000- , + YU z o G Ls o %A3NLd AWMM?- ' u 0 0 V1 y C Or va?Ey y `w g a E ? °jOo -r ° v v a ° ? a a u g ? .9 0 w q ? e w o ° o a a o •??Ey U ? R M_ u 0 U p G P b d U Z a b a 0 W) W a z ? a y ? N 0. °w y Q a ? b ? as c ? a c z ? ao c v' ° o a z o z ? m ? E y za o° Q? .Nr .Mr `? V'1 J VERIFICATION Michele M. Bradford, 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 to Reassess Damages are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. el HaVan chmieg, LLP DATE: By: the e M, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division VS. CUMBERLAND County JAYME S. BINDER JODY A. BINDER No. 07-3411 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 el hmieg, LLP DATE: By: is ele e tBrUi(b,Esquire Attorney for Plaintiff .--, ?" ? "? . t -xl ` ? fi « , '- i r? ?,i ?? ? { ... - ? ?? ti `. tooa 2 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. JAYME S. BINDER JODY A. BINDER Court of Common Pleas Civil Division CUMBERLAND County No. 07-3411 CIVIL TERM Defendants RULE AND NOW, this day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the day of 2008, at ?5 . in Ik& Main 714.2 COAIZAt. Courtroom of the Cumberland County Courthouse, Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordnfedphe.com JAYME N. 13INDEK JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 155391 ice= k?? rV i'' ?? ?4?::. ?'? r , "1ex. F'y. r-,yy cam' .. C? 4e.. AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A. DEFENDANT(S) JAYME S. BINDER JODY A. BINDER SERVE JODY A. BINDER AT 3 LANCE COURT NEWVILLE, PA 17241 SERVED CUMBERLAND COUNTY No. 07-3411 ACCT. #155391 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 5, 2008 Served and made known to :10 by A _ 'g 1 N DFRDeef`endant, on the _ 02 (gf day of S.PPrE./Gt Q W ,200-7, at ;! o'clock ?.m., at 3 -F}NC? t=61(Q'Tt /VF-W VlQ F , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Name and Relationship is ???M? ?? NOE?Q / Id sPjll? Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: u Description: Ag/e) ??S Height -5 Weight 140 Race W Sex Al Other 1, u-n ("w ice- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 2 t day of SEWT , 200 7 Notary : P CO ?SCNA - $F ?3ayl LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE FNC3TA-RIAL S E A L ATTEMPTED. h J. S?j-oq - N otrv, 1u 1sc h. NOT SERVED On the t," I 0; 11` 200at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1s` Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200-• One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 oil > ?r ... -- ? _, s?..? w a.-- PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff VS. JAYME S. BINDER JODY A. BINDER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-3411 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of February 8, 2008 was sent to the following individual on the date indicated below.. JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 ieg, LLP DATE: By: elte!?M' SB'ra&LIA-squire Mi Attorney for Plaintiff Q 7 f`-- _? ? : ? ? "<' ,. ? WASHINGTON MUTUAL BANK, F.A., VS. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3411 Civil Term JAYME S. BINDER and JODY A. BINDER, Defendants Dear Sir: ENTRY OF APPEARANCE AS LOCAL COUNSEL I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on February 8, 2008 at 8:45 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: February 7, 2008 < , -? a?fiale F. S gha t Supreme Court I.D. 9"373 10 West High Street Carlisle, PA 17013 (717) 241-4311 cc: Michele M. Bradford, Esquire Jayme S. Binder Jody A. Binder C CPO -n ct3 co SALE DATE: MARCH 5, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. No.: 07-3411 VS. JAYME S. BINDER JODY A. BINDER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 3 LANCE COURT, NEWVILLE, PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, Attorney for Plaintiff January 29, 2008 rl'IE £Q L6 Y 3n O J J a a w x 0 C7 o?n? go ? 3U U 7 >"C; ?aCa Uw•? a ti PC ? zoo W S w ° w O 5 L 3000 diZ WONA Q311VW O £ fi N LOSLAL0Z00 h t i7 + eon A3NLd I° •°- `? C ® C Z V a a? O Q ??• w O 0 ? ° ? u U W I g LY. ? •> O A Q A Q ?YY.r"oo A w O M E-4 A A tp IS " > 0 "?' 1?1 O O C 0- ° gg.0 e? O O O • _ Z1 9pp ' W N S -o o w ? ..N w ago z o ? O = s" a ??gy ¢ w a o ;ba ? w p" Cw7 ? ? O ?v H CQ7 CQ7 i U z u W > p ` m 0 -o U a a 'd Lcl F~ u W a w 0 0 cdN H•? C7? C7 o zz w U y A y w ?? al 0 N O U a "s w w M >, I v 3o w wAN w W ?p d o O [ ? w? N s E" ¢ ? c y ?3 ?N ?? ?• a3 E?U O W .? a o ? ?' u U aria oo`OO zU zNV P? x C14 z z C> w '° CQ a ?a ¢ w'o? Ln OF- Cs:GO ? z e z° O A O U c U?o Sa d Aa 00 MU 0 ti ?a CL4 "4 ' ' Z d ? a o? O_ N en ? to 00 C, F f£ G c? ?, -mot fn?? t '1% IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JAYME S. BINDER JODY A. BINDER No. 07-3411 CIVIL TERM Defendants ORDER AND NOW, this?day of , 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $75,024.69 Interest Through March 5, 2008 $2,165.55 Per Diem $12.33 Late Charges $128.55 Legal fees $1,325.00 Cost of Suit and Title $1,149.00 Sheriffs Sale Costs $0.00 Property Inspections $55.20 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 ,or , 101J. Suspense/Misc. Credits Escrow Deficit TOTAL ($0.00) $0.00 $79,847.99 Plus interest from March 5, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is c in the above figure. -? BY Tl A ichele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford( feduhe.com ?AYME S. BINDER J ODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 155391 /V.J `d ? "l 4? te,3 81:8 WV 8- 83A 90OZ "?ja i"; -r' "IDIIJ Washington Mutual Bank, F.A. VS Jayme S. Binder and Jody A. Binder In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-3411 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2007 at 1845 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Jayme S. Binder and Jody A. Binder, by making known unto Jayme Binder, personally and husband of Jody A. Binder at 3 Lance Court, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1414 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jayme S. Binder and Jody A. Binder located at 3 Lance Court, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jayme S. Binder and Jody A. Binder by regular mail to their last known address of 3 Lance Court, Newville, PA 17241. These letters were mailed under the date of January 8, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 21.96 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Mileage 21.12 Surcharge 30.00 Law Library .50 Prothonotary 2.00 Share of Bills 15.93 Law Journal 455.00 Patriot News 525.59 $1147.10 So Answ s: R. Thomas Kline, Sheriff BV4 sr?AL Real Estat ergeant 3/o S/0 Z WASHINGTON MUTUAL BANK, F.A. V. Plaintiff, JAYME S. BINDER JODY A. BINDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3411 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,3 LANCE COURT, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name JAYME S. BINDER JODY A. BINDER Last Known Address (if address cannot be reasonably ascertained, please indicate) 3 LANCE COURT NEWVILLE, PA 17241 3 LANCE COURT NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None 4. Name and address of last recorded hold Name MERS AS A NOMINEE FOR GMAC MORTGAGE CORPORATION, DB/A DITECH.COM Last Known Address (if address cannot be reasonably ascertained, please indicate) -r of every mortgage of record: Last Known Address (if address cannot be reasonably ascertained, please indicate) 3200 PARK CENTER DRIVE, STE. 150 COSTA MESA, CA 92626 MERS AS A NOMINEE FOR GMAC PO BOX 2026 MORTGAGE CORPORATION, DB/A FLINT, MI 48501-2026 DITECH.COM 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 3 LANCE COURT NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPT. 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 5, 2007 LP H DATE DANIEL G. SCHMI A,G, SQU Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. JAYME S. BINDER JODY A. BINDER Defendant(s). CUMBERLAND COUNTY No. 07-3411 September 5, 2007 TO: JAYME S. BINDER 3 LANCE COURT NEWVILLE, PA 17241 JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 3 LANCE COURT, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008, at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71,374.14 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN PARCEL OF GROUND SITUATE IN THE TOWNSHIP OF North NEWTON, CITY OF NEWVILLE, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 112, PAGE 486, ID# 30191683043, BEING KNOWN AND DESIGNATED AS Lot 16, FINAL SUBDIVISION Plan OF North NEWTON HILLS PHASE I, FILED IN PLAT BOOK 66, PAGE 97, RECORDED August 9, 1993, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE Northern DEDICATED RIGHT-OF-WAY LINE OF LANCE COURT AT THE DIVIDING LINE OF Lot #16 AND Lot #17, SAID POINT ALSO BEING LOCATED 65.49 FEET West OF THE Western EXTREMITY OF AN ARC CONNECTING THE Northern DEDICATED RIGHT-OF-WAY LINE OF LANCE COURT AND THE Western DEDICATED RIGHT-OF-WAY LINE OF JAMES DRIVER; THENCE BY THE Northern DEDICATED RIGHT-OF-WAY LINE OF LANCE COURT South 65 DEGREES 15 MINUTES 00 SECONDS West 58.13 FEET TO A POINT; THENCE BY SAME BY A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND AN ARC LENGTH OF 23.26 FEET TO A POINT; THENCE BY LINE OF Lot # IS North 51 DEGREES 24 MINUTES 22 SECONDS West 105.17 FEET TO A POINT; THENCE BY OTHER LANDS OF North NEWTON HILLS North 52 DEGREES 47 MINUTES 21. SECONDS East 90.31 FEET TO A POINT; THENCE BY SAME North 37 DEGREES 49 MINUTES 48 SECONDS East 30.97 FEET TO A POINT AT THE DIVIDING LINE OF Lot #16 AND Lot #17; THENCE BY LINE OF Lot #17 South 33 DEGREES 36 MINUTES 42 SECONDS East 78.36 FEET TO A POINT; THENCE BY SAME South 24 DEGREES 45 MINUTES 00 SECONDS East 45.00 FEET TO A POINT; THE PLACE OF BEGINNING. CONTAINING 10,931 SQUARE FEET. TAX ID #: 30-19-1683-043 BY FEE SIMPLE DEED FROM JAYME S. BINDER AND JODY A. BINDER, FORMERLY KNOWN AS JODY A. DAY, AS T/C AS SET FORTH IN DEED BOOK 268, PAGE 4456 AND RECORDED ON 5/17/2005, CUMBERLAND COUNTY RECORDS. TITLE TO SAID PREMISES IS VESTED IN JAYME S. BINDER AND JODY A. BINDER, AS TENANTS IN COMMON, BY DEED FROM JAYME S. BINDER AND JODY A. BINDER, FORMERLY KNOWN AS JODY A. DAY, AS TENANTS IN COMMON, DATED 01/13/2005, RECORDED 05/17/2005, IN DEED BOOK 268, PAGE 4456. PREMISES: 3 LANCE COURT, NEWVILLE, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3411 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From JAYME S. BINDER & JODY A. BINDER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,374.14 L.L. $.50 Interest FROM 9/5/07 TO 3/5/08 (PER DIEM - $11.73) - $2,134.14 Atty's Comm % Due Prothy $2.00 Atty Paid $173.56 Plaintiff Paid Date: SEPTEMBER 14, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Other Costs $1,701.50 imputy Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # Ol On October 26, 2007 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA Known and numbered as 3 Lance Court, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 26, 2007 By? Real Estat ergeant • he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*otjwXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 .......... Sworn to ubscribed beform his 2 of February, 2008 A.D. l COMMONWEALTH OF PFN-`!SYLVANIA Notaria; ter;,! Sho* L Kisner, Public CIYOfHarrisburg, D:r r+trin County cbm*sim ExPfi - '' 40v. 262011 MNnber, Pennsylvania A. ,?1-auon of Notaries rAftemms"awl VMj*10, ft*W 6* F. A. VS J"me S. Binder wW Jody A. Bhtdw Att wnoy Daniei'S g ALL IW C6IWIAIN PARCEL OF GROUND SITUM IN THE TOWNSHIP OF North NEWTON, CITY OF NE9AT I,E, CUMBERLAND COUNTY, COMMONWEALTH OF PVQ4SYLVANIA, AS MM FULLY DESCIUM IN DEED BOOK 112, PAGE 486, W# 30191683043, BEING KNOWN AND DESIGNA't"ED AS Lot 16, FINAL SUBDMSION Plan OF Not NEWTON HITS PHASE L FRED IN PLOT BOOK, 66, PAGE 97, RECORDED August 9, 1993, MORE PxZn CULARLY BOUNDED AND SAS FtxW+S, To WIT. BEGDKIING AT A POW ON THE NoABan , DEDICATED RIGHT-OF-WAY LINE OF LANCE COR1ItT AT DIVIDING LINE OF Lot #16 AND Lot #17, SAID POINT ALSO BEING LOCATED 6" FEET West OF THE Vesum EX'T'REMITY OF AN ARC CONNECTING THE Nortbem DEDICAM RIGHT LINE OF LANCB C01JA7 ,AMID t)F OF AM RIGHT'-OF- WAY LIT DRIVER; IMPa BY THE Nasthem DEDICATED' RIG*T-CJF-WADI ,LINE OF LANCE COURT South 65 D11bS 15 MINUTES 00 SECONDS West 58.13 FEET TO A POINT`. T MNM BY SAME BY A EVE TO THE LEFT HAVM ArWSDIUS Of 50.00 FEET ANDAN ARC LENGTH OF 23?6 FEET TO A POINT, THENCE BY LINE OF Lot #15 Nash 51 DEGRW 24 MINUTES 22 SECONDS West 105.17TMAPOW .U04C BY OI'HER LA OF Not AV ION HILLS North 52 Dl 47 MINUTES 21 `SECONDS pa $031 FEET TO A POINT. Two* ` Sw No*,*, IA m 0 )?TYJ A 1? _ of LINE of Lo*16 AND Lot#17; THENCE Lot #17 South 33 DEGREES 36 MINUTES 42 SECONDS East 78.36 FEET TO A' POWP, TWrE BY SAME Somh 24 DEGREES 45 MJNM 00 SECONDS Fast 45.00 FEET TO APOWT;T HfiK ACE OF BEG'NWG. CONTAINING 10,931 SQUAREFEET- TAX ID #: 3().19-1683-043 BY FEE SIDLE DEED FWM JAYNE S. BINDER AND JODY A. $, fMMY KNOWN AS MY A. DAY, AS TIC AS SET FOM IN TDfK) 6 71.206, PAGE 44MAANI 5r CIIMBBRIJtJ?! 'IIDIlN TITLE To SAID JAYME S. BINDER t NDER, AS TENANTS IN 601, BY DEED FROM JAYW S. BJNW AND JODY A BII`IDFR, SLY KNOWN AS JODY A. DAY, AS TENANTS IN `tob&M, DATED 01113!2005, RECORDED 05117/2005, IN D® BOOK 268, PAGE 4456. MMRS: 3 LANCE COURT, NEWVRJZ PA 172x11 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ida Marie AND SUBSCRIBED before me this 8 day of Februar, 2008 KZ Notary 7? NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 1 Writ No. 2007-3411 Civil Washington Mutual Bank, F. A. VS. Jayme S. Binder and Jody A. Binder Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN parcel of ground situate in the Township of North Newton, City of Newville, Cum- berland County, Commonwealth of Pennsylvania, as more fully described in Deed Book 112, Page 486, ID# 30191683043, being known and designated as Lot 16, Final Subdi- vision Plan of north Newton Hills Phase I, filed in Plat Book 66, Page 97, recorded August 9, 1993, more particularly bounded and described as follows, to wit: BEGINNING AT A POINT on the Northern dedicated right-of-way line of Lance Court at the dividing line of Lot # 16 and Lot # 17, said point also being located 65.49 feet west of the Western extremity of an arc connecting the northern dedicated right-of-way line of Lance Court and the Western dedicated right-of-way line of James Driver; THENCE by the Northern dedi- cated right-of-way line of Lance Court South 65 degrees 15 minutes 00 seconds West 58.13 feet to a point; thence by same by a curve to the left having a radius of 50.00 feet and an arc length of 23.26 feet to a point; thence by line of Lot # 15 North 51 degrees 24 minutes 22 seconds West 105.17 feet to a point; thence by other lands of North Newton Hills North 52 degrees 47 minutes 21 seconds East 90.31 feet to a point; thence by same North 37 degrees 49 minutes 48 seconds East 30.97 feet to a point at the dividing line of Lot# 16 and Lot# 17; thence by line of Lot # 17 South 33 degrees 36 minutes 42 seconds East 78.36 feet to a point; thence by same South 24 degrees 45 minutes 00 seconds East 45.00 feet to a point; the place of Beginning. CONTAINING 10,931 SQUARE FEET. TAX ID #: 30-19-1683-043. BY fee simple deed from Jayme S. Binder and Jody A. Binder, formerly known as Jody A. Day, as t/c as set forth in Deed Book 268, Page 4456 and recorded on 5/17/2005, Cum- berland County Records. TITLE TO SAID PREMISES IS VESTED IN Jayme S. Binder and Jody A. Binder, as tenants in com- mon, by deed from Jayme S. Binder and Jody A. Binder, formerly known as Jody A. Day, as tenants in com- mon, dated 01/13/2005, recorded 05/17/2005, in Deed Book 268, Page 4456. PREMISES: 3 LANCE COURT, NEWVILLE, PA 17241. s 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 Washington Mutual Bank, F.A. Plaintiff Jayme S. Binder Jody A. Binder vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 07-3411 CIVIL TERM Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X 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: --- -.? Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 155391 i; aQ T ?c 5 ? .S ^t V ?", ' td7