Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08-5032
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 MICHELE M. BRADFORD, ESQ., Id. No. 69849 ? JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 184788 WASHINGTON MUTUAL BANK, F.A. 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 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. 08- 503,2 Vivit-r" CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 184788 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 #: 184788 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 He #: 184788 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. File #: 184788 1. Plaintiff is WASHINGTON MUTUAL BANK, F.A. 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 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 No. 1954, Page 4523. A copy of the Mortgage is attached as Exhibit "A". 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 03/01/2008 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 #: 184788 6 The following amounts are due on the mortgage: Principal Balance $74,352.54 Interest $2,598.75 02/01/2008 through 08/20/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $305.13 05/31/2006 to 08/20/2008 Cost of Suit and Title Search 550.00 Subtotal $79,056.42 Escrow Credit ($1,725.77) Deficit $0.00 Subtotal ($1,725.77) TOTAL $77,330.65 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 #: 184788 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 $77,330.65, together with interest from 08/20/2008 at the rate of $13.75 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ?S RENCE . PHEL N, ESQUIRE rWNCIS S. HALLINA , ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 184788 ??baa 19 i?'?a JUN 15 Afl 11 07 Preparw By: Wanderval McKinney 8880 Freedom Crossing Trail i Jacksonville, FL 32256 Recording Requested by 8 When Recorded Return TO: US Recordings, Inc. Doc 2925 Country Drive i St. Paul MN 55117 113q "Pr%VM I'SE51 3 I-A"C-0 C-t' i 1JEWVILLE "p'fl 1-72-q Parcel Number: 30191683043 [Space Above This Liao For Recording MORTGAGE DEFINITIONS I I I /"on ft#30 /ZoLox-mull Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Insumment" means this document, which is dated May 31, 2006 , together with all Riders to this document. (B) "Borrower" is Jayme S Binder and Jody A Binder As -7-/ r Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Washington Mutual Bank, FA lender is a Bank PENNSYLVANIA - single Family - Fannie MaelFreddle Mae UNIFORM INSTRUMENT 4k-$(PA) 104071 Paps I of t s Init4 • VMP Mortpspa Solutions. Inc. (1001621. 2e1 BK 1954PG452S 0061186466 Form 3039 1101 E(HISITA t., organized and existing under the laws of the Uni ted States of Ameri ca Lender's address is 9451 Corbin Ave.. Northridge, CA 91324 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated May 31. 2006 The Note states that Borrower owes Lender Si xty Seven Thousand Si x Hundred Seventeen and 00/100--------------------------------------------------------- Dollars (U.S. S 67.617.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 1. 2026 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ? Adjustable Rate Rider Q Condominium Rider ? Second Home Rider Q Balloon Rider 0 Planned Unit Development Rider 014 Family Rider VA Rider 0 Biweekly Payment Rider ® Other(s) [specify] OWNER OCCUPANCY RIDER (M "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. Q) "Electronic Funds Transfer" Weans any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wine transfers, and automated clearingbouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Mbmilaneew Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 0061186466 In at-61FAI {0407) Page 2 of 16 Form 9039 1101 BK 19 5 4 PG 4 5 2 4 EXHIBITA 1 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (`) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Insmunent. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County (Type of Recording Jurisdictaa] of Cumberland ]Name of Recording Jurisdiction]: See legal description attached hereto and made a part hereof which currently has the address of 3 Lance Ct (Strsctl Newvi 11 a (city], Pennsylvania 17241 [zip code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the *Property.* 0061186466 Irk -64PA)ro4o7i Page 3of ie orm 3038 1101 BK 1954PG4525 EX I B I T A BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unenctimberad, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Chagas. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay fiords for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any chock or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are damned received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lefler shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 0061186466 M' 4k-6IPAt ?oawi Pays 4 of IS Fom+ 3038 1(tt1 e ,, '?'?y?"$'e i? 6K 1954PG4526 paid in M. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied fast to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fan& for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in frill, a stun (the 'Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Insau ment as a lien or encumbrance on the Property; (b) leasehold payments or ground rants on the Property, if any; (c) premiums for any and all insurance required by Leader under Section 5; and (d) Mortgage Insurance premiums, if any, or any sauna payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly fuunish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items tuiless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow hems at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect said hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Lander shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Furls, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Leader can agree in writing, however, that interest 0061186466 Md at-GWA) 104071 Pop s at to Form 3038 1101 BKI954PG4527 8CtitBf A shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. C"es; 1Lieas. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay thern in the manner provided in Section 3. 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, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Leander may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lander in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fee, hazards included within to tent "extended coverage,' and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentahees can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shalt not be exercised unreasonably. Leander may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time rernappings or smular changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees mVosed by the Federal Emergency Management Agency in connection with the review of any flood zone detentnlnation resulting from an objection by Borrower. 0061186465 BtPA> 404071 Pal. a or 10 Forn+ 3039 1101 flN 1954PG4528 &k11/81*r4 If Borrower fails to maintain any of the coverages described above, lender may obtain insurance coverage, at Lender's option and Borrower's expanse. Lender is under to obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lam, but aright or might not protect Borrower, Borrower's equity in the Property, or the concerns of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Leader under this Section 5 shall i become additional debt of Borrower s=uvd by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Leer as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Leader all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whexhar or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such irw rance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Larder's satisfaction, provided that such inspection shall be undertaken promptly. Larder may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is net ooonomically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lewder acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument. whether or not then due. 0061186466 fnpiW. GI-61PA) (0407) Ppo 7 of 16 em 3038 1101 AM161 A flK 1954PG4529' 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or conde oration proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as ttre work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loam application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under i this Security Insmiment (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Leader's interest in the Property and rights under this Security histrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sutras secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, diminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take artier under this Section 9, Leader does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs co liability for not taking any or all actions authorized under this Section 9. 0061186466 In %-61PA) lo4on P694 $0 rs orm 3038 1101 EMIBITA BK 1954PG4530 Any an== disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of i disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Leader agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of malting the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Leader can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage i Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to I maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insulter and the other patty (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insruatice, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed -captive reinsurance." Furtber: (a) Any such agreements wID not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Lean. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not e n ide Borrower to any refund. 4R-G(PA) 04071 0061186466 fail 4M: Page 9 of 16 norm 3039 1101 ,BK 1954PG4531 "XiYlg?? (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Ad of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Leander may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is nude in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Larder's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instntment, whether or not that due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not tten due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market vane of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Leader within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the patty against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 0061186466 fnh at"(PA) f04071 Page 10 of Is m 3039 1101 8K1954PG4532 dismissed with a ruling that, in L=W's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security htstnument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to continence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security 1wrume nt by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several LialA ft; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but doe not execute the Note (a "co-signer"): (a) is co-signing this Security In4trutnent only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lander, shall obtain Al of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. I 14. Loan Charges. Lander may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation foes. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender rosy not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by malting a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrt nne nt must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 0061186466 4%-61PA) 104071 Pope 11 of 3 orm 3038 1101 BK1954PG4533 a"1811 A have been given to Borrower when mailed by first class nail or when actually delivered to Borrower's notice address if sent by other weans. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address i unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Under until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word 'may' gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, header may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Tbose conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 0061186466 -GMA! 10407) Pop 1: of is orM 3039 1101 .BK I 954PG4534 Exri1e1rA agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue undhanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fortes, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's duck, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instntrnewaiity or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servieer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loath Servieer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servioer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security. Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has ratified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) 'Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 0061186466 4%•6(PA)1o4o71 Page 13 of I$ rm 3038 1101 8K 1954PG4535? Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentenoes 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 Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any 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 imowtedge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security InnArtmsent (but not prior to aoedawtion under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default most be cured; and (d) that failure to cure the default as specified may result in i acceleration of the scans secured by this Security harm ant, foreclosure by judicial proceeding and sale of the Property. Linder shall further Inform Borrower of the right to reinstate after acceleration and the right to asset In the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foredosun. IfC the default is st cured as specified, Leader, at its option may require immediate payment In fail of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judKW proceeding. Lender shall be entitled to collect all expenses incurred hi pursuing the remedies provided M this Section 22, including, but not limited to, attorneys' fns and coats of title evidence to the extant permitted by Applicable Law. 23. 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 i and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waives. 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 exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one i hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instume nt is tern to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 0061186466 M1Nb• at•61PA)104071 Pap 14 of 16 Form 3039 1/01 I 8K 1954PG4536 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: -PaME" C) -R$#V4ELDTMFER- S Birider -Borrower 1 Sea]) Jody Bi der -Borrower (:14? - (Seal) (sea) -Borrower -Borrower - (Seal) (Seal) -Borrower -Borrower - (Seal) -Borrower - (sew) -Borrower 0061186466 61PA! imn hoo 15 of is Form 3038 1101 I 8KI954PG4537 i COMMONWEALTH OF PENNSYLVANIA, 6 U"w-A 4 County ss: fi On this, the 3/ day of 19 C, y p b 0 (0 , before true, the undersigned officer, personally appeared L -j-&`M e S. je" a e c^d ?ao(y A- 4,jer known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/shehhey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMOMM LTIO OF PENNMVMIA NOTARIAL SEAL Pamela O. lteichelderfer, Notary public Greene Townahlp, fanidin County 1MV COM"11NIOn EOM JUno 03.2006 PANE?,n z', R? ?/GH?? c.-t?ER.FE M rJb!'G Tide of officer Certificate of Residence is f)1Ck--8 AIG1-4 the correct address of the within-named Mortgagee is V67 WRB I N Ave Nw2-rQ(Z'AGG, GA 9j32-q ?T Witness my hand this 3 t day of NLAY? 1-0 0 , do hereby certify that ?L Auj i/ I tlk '9 p' C N Agent of Mortgagee 0061186466 at-G(PA) toootl Pays tie of to - 3038 1101 I BK 1954PG4538 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 # 16 AND LOT # 17; File #: 184788 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. PARCEL NO: 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 LANCE COURT File #: 184788 VERIFICATION I hereby state that I am the 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 of the pleading, that f am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ttorney fo Plaint ff DATE: OF-OU p $' Do D ?} - C •* SHERIFF'S RETURN - REGULAR CASE NO: 2008-05032 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS BINDER JAYME S ET AL 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 BINDER JAYME S the DEFENDANT , at 1008:00 HOURS, on the 26th day of August 2008 at 3 LANCE COURT NEWVILLE, PA 17241 JAYME S 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 Service Affidavit Surcharge ? 1141 16 18.00 11-00 0 .00 10.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 08/27/2008 PHELAN HALLINAN SCHMIEG By: Age ?-7 Deputy Sheriff A. D. •? SHERIFF'S RETURN - REGULAR CASE NO: 2008-05032 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS BINDER JAYME S ET AL 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 BINDER JODY A the DEFENDANT , at 1008:00 HOURS, on the 26th day of August 2008 at 3 LANCE COURT NEWVILLE, PA 17241 by handing to JAYME S BINDER, ADULT IN CHARGE 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 ? q0 Service ? ors Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 00 .00 10.00 R. Thomas Kline .00 16.00 08/27/2008 PHELAN HALLINAN SCHMIEG By: ?G---- day Deputy Sheriff A. D. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 WASHINGTON MUTUAL BANK, F.A. VS. JAYME S. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5032-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter 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 - 08/21/2008 - 09/29/2008 TOTAL $77,330.65 550.00 $77,880.65 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Daniel G. Sc Attorney for DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS# 184788 PRO PR THY F Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 WASHINGTON MUTUAL BANK, F.A. VS. JAYME S. BINDER JODY A. BINDER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5032-CIVIL TERM 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 17241-9207. (c) that defendant JODY A. BINDER is over 18 years of age, and resides at 3 LANCE COURT, NEWVILLE, PA 17241-9207. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. r Daniel G. Schmieg quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: 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 WASHINGTON MUTUAL BANK, F.A. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v. JAYME S. BINDER JODY A. BINDER Defendant(s) TO: JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 NO. 08-5032-CIVIL TERM CUMBERLAND COUNTY DATE OF NOTICE: September 16, 2008 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. 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar ssoc 32 South Bedf Street Carlisle, 17013 (717 49-3166 PHS 4 184788 PHELAN HALLINAN & SCHMIEG, LLP By: 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 WASHINGTON MUTUAL BANK, F.A V. Plaintiff JAYME S. BINDER JODY A. BINDER Defendant(s) TO: JAYME S. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 DATE OF NOTICE: September 16, 2008 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. 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-5032-CIVIL TERM CUMBERLAND COUNTY Cumberland County Bar JASIN SEIM Legal Assistant 32 South Bedfor tr( Carlisle, P 7013 „ (717),249-3166 PHS 4 184788 C= -n -c° ire cI A <? -10 (Rule of Civil Procedure No. 236) - Revised WASHINGTON MUTUAL BANK, F.A. VS. JAYME S. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5032-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 2008. By: T?'AT T-- If you have any questions concerning this matter ase contact: **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIO VSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** quire SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT Daniel G. Schmieg Attorney or Party cling 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) PJLC.P. 3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. No. 08-5032-CIVII, TERM JAYME & BINDER JODY A. BINDER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $77,880.65 Interest from 9/30/08 TO 3/4/08 $1,996.80 and Costs (per diem -$12.80) Add'1 Costs $1,526.50 TOTAL $79,877.45 DANIEL G. HMIEG, ESQUIRE One Penn Center at Suburban Station 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 thL- sale . d Q? d V 4 U N_. ?v %oll C w Q w G k 1. x Z s oggg° t- e?N ? d d as WW r t? 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). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5032-CIVIL TERM 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: ( ) 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 unsworn falsification to authorities. -- --)a, S' DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ATTORNEY FOR PLAINTIFF 7 t ?, m ?• t? ` e? C'? k R : N t? ?, ?.'.?:` .'? ::.3 ?.?, ?' ?" -0- WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS JAYME S. BINDER CIVIL DIVISION JODY A. BINDER Defendant(s). NO. 08-5032-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCI MIEG, 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 17241-9207. 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 17241-9207 3 LANCE COURT NEWVILLE, PA 17241-9207 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 holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS as a nominee for GMAC Mortgage Corporation, d/b/a ditech.com MERS as a nominee for GMAC Mortgage Corporation, d/b/a ditech.com MERS as a nominee for GMAC Mortgage Corporation, d/b/a ditech.com P.O. Box 2026 Flint, MI 48501-2026 3200 Park Center Drive, Suite 150 Costa Mesa, CA 92626 3300 S.W. 34th Avenue, Suite 101 Ocala, FL 34474 5. Name and address of every other person who has any record lien on the property: L. . 4%. 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 3 LANCE COURT NEWVILLE, PA 17241-9207 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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 w4giTies. October 20, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C? ? Sri i p N M- I W WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. JAYME S. BINDER JODY A. BINDER Defendant(s). TO: JAYME S. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 October 20, 2008 CUMBERLAND COUNTY No. 08-5032-CIVIL TERM JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS ISNOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 3 LANCE COURT, NEWVILLE, PA 17241-9207, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $77,880.65 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) 5663-7000. 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. r 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 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 #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 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 Book 268, Page 4456. PREMISES BEING: 3 LANCE COURT, NEWVILLE, PA 17241-9207 PARCEL NO. 30-19-1683-043 rr: t -» •- ..,t . N J i" C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5032 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 and 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 $77,880.65 L.L. $.50 Interest from 9/30/08 to 3/04/08 (per diem - $12.80) - $1,996.80 and Costs Atty's Comm % Atty Paid $174.00 Plaintiff Paid Date: 10/22/08 (Seal) Due Prothy $2.00 Other Costs $1,526.50 /111Z rothonotary By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 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 Deputy 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 17241-9207 CUMBERLAND COUNTY No. 08-5032-CI1,7II. TERM ACCT. #184788 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 4, 2009 A SERVED Served and made known to ZO D 4 (+ _ 1(?(bE(L , Defendant, on the 3( St' day of bECEM O V, , 2002, at (P= A 5 , o'clock p.m., at 3 14w ee CST, N€W V 1 LLB , 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 E ?'?lSf3iF/vD 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: Description: Age 0 S Height 9q " Weight (46 Race W Sex AA Other I, 4W 4t D ( v10 L-1 -,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 Sheriffs 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 3 t 5fi day of DEcbmd".200 No By: BLEASE A MPT SERVICE AT LEAST 3 TEMS. INDICATE DATES & TEWES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STABS B NEVV RE R p 25 2012 .200at o'clock in., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2nd Attempt: Time: 3rd Attempt: 1 / Time: Sworn to and subscribed before me this day of 200. Notary: Attorney for Plaintiff DANIEL G. SCBMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ° a - r ors=.= ? .... 4 . ?, ? C y i", _ AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A. DEFENDANT(S) JAYME S. BINDER JODY A. BINDER SERVE JAYME S. BINDER AT: 3 LANCE COURT NEWVILLE, PA 17241-9207 CUMBERLAND COUNTY No. 08-5032-CIVIL TERM ACCT. #184788 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 4, 2009 SERVED Served and made known to ??V M E S • BIN 0 E1, , Defendant, on the 31 ST day of D htg&Q 200?, at (o'2 s , o'clock p .m., at 3 UnVCe GO RX 0 AIFW V t LLE . Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is 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: Description: Age 36S_' Height ?W Weight 14 D Race W Sex M Other I, DP4t.D MO -[ , 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 31St day of Notary- art'- R. 200 . By: PL E ATTE SERVICE AT LEAST 3 TIMES. INDICATE DATES & TMS OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED NOTARY PUBLIC On tl,(§T •{F 0k JERSEY , 200_, at o'clock _ in., Defendant NOT FOUND because: MY CgyMISSION EXPIRES lolzollu 1VIoved Unknown No Answer Vacant 1st Attempt: / / Time: 2"a Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCEMMG, 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 r C c.. s+? r m w :> C- n cJt w 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 V. CUMBERLAND County JAYME S. BINDER JODY A. BINDER No. 08-5032-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 August 21, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2. Judgment was entered on October 1, 2008 in the amount of $77,880.65. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. 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 4, 2009. 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 $74,352.54 Interest Through March 4, 2009 $5,478.24 Per Diem $13.75 Late Charges $305.13 Legal fees $1,325.00 Cost of Suit and Title $701.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $144.20 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 $182.67 TOTAL $82,489.28 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 Defendant on January 13, 2009 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. / Phelan Hallinan & Schmieg, LLP DATE: 4-f 1 BY: Michele M. Bradford, Esquire 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 (2151563-7000 WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JAYME S. BINDER JODY A. BINDER No. 08-5032-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 17241-9207. 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 Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. 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 Sheriffs 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, Plaintiffs interest very well maybe 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 an d Loan Association v. Street Road Shoppng 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: ? X-0 Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" 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 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 184788 WASHINGTON MUTUAL BANK, F.A. 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 Plaintiff V. JAYNE S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241 Defendants ATTORNEY FILE n C F14 6 o O 'IJ : rn - rn 7?. r, ; G t77 v? rv ? b c:; N Orn C-D X- ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 503a C;N;1 Tiro. CUMBERLAND COUNTY W. herebY Certi'y the within to be a true and correct COPY O "he r%rininal filed of record File N: 194798 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 YOt) DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A I.A v- YER. 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 N: 194788 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 File #: 184788 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. Fik #: 194789 1. Plaintiff is WASHINGTON MUTUAL BANK, F.A. 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 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 No. 1954, Page 4523. A copy of the Mortgage is attached as Exhibit "A". 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 03/01/2008 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 #: 194788 6. The following amounts are due on the mortgage: Principal Balance $74,352.54 Interest $2,598.75 02/01/2008 through 08/20/2008 Attomey's Fees $1,250.00 Cumulative Late Charges $305.13 05/31/2006 to 08/20/2008 Cost of Suit and Title Search 550.00 Subtotal $79,056.42 Escrow Credit ($1,725.77) Deficit $0.00 Subtotal ($1,725.77) TOTAL $77,330.65 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth abo1, e may be less than the amount demanded based on work actually performed. I'Ire attorney's fees requested are in conformity with the mortgage and Pennsylvania lam'. 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 f t the complexity of the action requires additional fees in excess of the amount deniarldleci the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judglenO 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 B: 184789 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 $77,330.65, together with interest from 08/20/2008 at the rate of $13.75 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 . 0-4 By: T y/s kCISV*rRMC E PH EL N, ESQUIRE S. HALLINA , ESQUIRE E DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File N: 184788 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 #16 AND LOT #17; Fi1C #: 184788 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. PARCEL NO: 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 LANCE COURT File #: 194788 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject. to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. homey fo Plain ff DATE:_ F'o;w -0- 8' Exhibit "B" helan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215 320-0007 Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. : CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS ATTORNEY FILE Copy JAYME S. BINDER PLEASE RMRWIVIL DIVISION 3 LANCE COURT NEWVILLE, PA 17241-9207 NO. 08-5032-CIVIL TERM JODY A. BINDER c Q o 3 LANCE COURT m r o NEWVII,LE, PA 17241-9207 r e --! ? PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Cn ATTORNEY FlLE RY o o TO THE PROTHONOTARY: PLEASE R N N Kindly enter judgment in favor of the Plaintiff and against JAYME S. BINDER and JODY AM 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 $77,330.65 Interest - 08121/2008 - 09/2912008 550,00 TOTAL ATTORNEY FlLE COPY $77,880.65 PLEASE RE UFW I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Daniel G. Sc Attorney for DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /o a? p PHS# 184799 PRO PROTHY Exhibit "C" c se's 'o$ G4 ?36? r U ~ p / E _ o L6 L 3ao0dlz W021d a3lIHW o o •O ° c a v U O O ' b tb L Nbr o Loa Lzt ooo y r ?0 N T M zo a G V Nlld ® C u e / b s o b v?Er' 6 g J oa g E t I F L W rr E c v o ? ,D Hrc y F 9b ? C N raj ? ; ? V W ?: n a QI . o o P y U T G W a?,yo i„ o E 3 W°?Ew o" E v b o ?d y E g y o p O Fru' ??6L d U a> Z v O "' a ?. a o w ? a? z b co w cl W.a y ? ?a x? o U b M y a Y o? q U c W o ka z tia o a F W. a, N Z ? b c e W V 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. DATE: r -? 107 By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff Court of Common Pleas Civil Division V. JAYME S. BINDER JODY A. BINDER CUMBERLAND County No. 08-5032-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 17241-9207 DATE: ! a Phelan Hallinan & chmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff i ` ?'' •-4. JAN 2 3 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JAYME S. BINDER JODY A. BINDER No. 08-5032-CIVIL TERM Defendants RULE AND NOW, this Z day of 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. -} r Rule Returnable un the day of ' C ,.?? ? .? s??:r Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 XJAYME micheleddphe.com S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 1297 IQS ?hZtlfcL 112 laloct 184788 A . WASHINGTON MUTUAL BANK, F.A. VS. JAYME S. BINDER JODY A. BINDER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-5032-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for WASHINGTON MUTUAL BANK, F.A. hereby verify that true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. 1Z - DATE: January 30, 2009 DANIEL G. SCHMIEG, E Attorney for Plaintiff V,40'8-4 (3311,01 o c .46 CyG y ZO y no R d d a V? ? A ly d d ? ?; ? d y W w O o rV/? a ?H C ? U ?o00 o- d ? N ? N tom,,, 0 0 ? ? o 0 a N •E", i. 7 "C t3 O d Nook`' C?c s' a H a e4 0 '? W ? cam- cn ? r, G o W ¢' Y o oa a o a• c a m U A w cpDe oA U? N d ?? U U a? t- O a? o'' f(7 A U 91 4.4 4) V.4 ?y CIA ? U W? ra O ?1 H O O 'Si 3? C? ? O ? O O 00 d O o W st 'p', A O' v z AV?UU W pp a M ?- l? A w ? 7 v _ CIS N O y ?o G ~ v A F s o v g 4J v v G 'a O ? O 1A =W ? o '00 ? f• p" ? O ? ? 7 y O x yy ? O Q ?ob?w o?? £N ?r?3,wo4 ova r ? O a u T U a, w a W ? Qo 0 uj ? a ?m U ? u r O r r ^ r 00 ? d V ? w -n . : ? , [- va ?; ?- ? W ,? ?-?., ? z: - {" ;z? t ? ? c? 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. Plaintiff Court of Common Pleas V. JAYME S. BINDER JODY A. BINDER Defendants Civil Division CUMBERLAND County No. 08-5032-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 16, 2009 was sent to the following individual on the date indicated below. JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 / / Phelan Hallinan & Schmieg, LLP DATE: 2-IV, 1) By: Michele M. Bradford, Esquire Attorney for Plaintiff ra ?J ?'_ r:r ? ?' ? t ?f ,' r?? '..: .c .. V:' ?1.. ? '?= ? 3> T7 -fit z ?-- `? ?„ 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 V. JAYME S. BINDER JODY A. BINDER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-5032-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE WASHINGTON MUTUAL BANK, F.A., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 21, 2009. 3. A Rule was entered by the Court on or about January 26, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on February 4, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: 2 / F l O By: Michele M. Bradford, Esquire Attorney for Plaintiff 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 V. JAYME S. BINDER JODY A. BINDER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-5032-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 21, 2009. A Rule was entered by the Court on or about January 26, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on February 4, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: Z !( ?7- /. S By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" ti JAN 2 3 20094 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff : Civil Division V. CUMBERLAND County JAYME S. BINDER JODY A. BINDER No. 08-5032-CIVIL TERM Defendants RULE AND NOW, this 2 day of 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. -?-? 1 ?` _ r c e !r lq In Z- t S C C Z L 4 ? C S :Z ; CL f Rule Returnable an ft day Of . BY THE L COPY FROM RECOAV wnsrW. F hie rm set my balk ?nd ON glot Wd?t?t {Al liiflp? ft AC 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.bradford(a)fedphe.com JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 184788 Exhibit "B" ATTORNEY FILE Copy PLEASE RETUfa 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 V. JAYME S. BINDER JODY A. BINDER Defendants ATTORNEY FOR PLAINTIFF 2 N 0 0 i M rn ? .- co va to PLEASE RETUR ? Civil Division W, CUMBERLAND County No. 08-5032-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 16, 2009 was sent to the following individual on the date indicated below. JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 DATE: 2-1V4 Phelan Hallinan & Schmieg, LLP By: C Michele M. Bradford, Esquire Attorney for Plaintiff 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 Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: 2 (? By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JAYME S. BINDER JODY A. BINDER No. 08-5032-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 Phelan Hallinan & Schmieg, LLP DATE: 2 /r<Jf By: C'/?f3 Michele M. Bradford, Esquire Attorney for Plaintiff ?_ ?) h,? C;: c ? ?_c? J '7') C: " !? 1i ^?-+ ; 77; g ?? ?,? -rf7? `?? ."' -.., J _,C i F , 2 6 2030 G? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division V. JAYME S. BINDER CUMBERLAND County JODY A. BINDER No. 08-5032-CIVIL TERM Defendants ORDER AND NOW, this Zb Aday of F4 . , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $74,352.54 Interest Through March 4, 2009 $5,478.24 Per Diem $13.75 Late Charges $305.13 Legal fees $1,325.00 Cost of Suit and Title $701.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $144.20 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium ! $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $0.00 ($0.00) $182.67 TOTAL $82,489.28 Plus interest from March 4, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 184788 T ab J i \ CE '? 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. 2008-5032 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 7,2008 at 1853 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 Jody A. Binder personally and wife of Jayme S. Binder, at 3 Lance Court, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2009 at 1956 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 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 22.06 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 21.60 Levy 15.00 Surcharge 30.00 Post Pone Sale 40.00 Law Journal Patriot: News Share of bills So Answers: R. Thomas Kline, Sheriff BY Real Estate Coordinator 431.00 487.55 15.52 1,125.23 r W' ifs C/L °70 < S 1 -7 i 19 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS JAYME S. BINDER CIVIL DIVISION JODY A. BINDER Defendant(s). NO. 08-5032-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 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 17241-9207. 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 1.7241-9207 3 LANCE COURT NEWVILLE, PA 17241-9207 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 holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS as a nominee for GMAC Mortgage Corporation, d/b/a ditech.com MERS as a nominee for GMAC Mortgage Corporation, d/b/a ditech.com MERS as a nominee for GMAC Mortgage Corporation, d/b/a ditech.com P.O. Box 2026 Flint, MI 48501-2026 3200 Park Center Drive, Suite 150 Costa Mesa, CA 92626 3300 S.W. 34th Avenue, Suite 101 Ocala, FL 34474 .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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 3 LANCE COURT NEWVILLE, PA 17241-9207 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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 t or' ies. October 20, 20081 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. JAYME S. BINDER JODY A. BINDER Defendant(s). CUMBERLAND COUNTY No. 08-5032-CIVIL TERM October 20, 2008 TO: JAYME S. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 "'THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED 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 ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 3 LANCE COURT, NEWVILLE, PA 17241-9207, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $77,880.65 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 Sheriff s 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 9,199-3, 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 #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 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 Book 268, Page 4456. PREMISES BEING: 3 LANCE COURT, NEWVILLE, PA 17241-9207 PARCEL NO. 30-19-1683-043 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-5032 Civil COUNTY OF CUMBERLAND) 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 and 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 $77,880.65 L.L. $.50 Interest from 9/30/08 to 3/04/08 (per diem - $12.80) -- $1,996.80 and Costs Atty's Comm % Due Prothy $2.00 Prot onotar (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 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 Atty Paid $174.00 Other Costs $1,526.50 Plaintiff Paid Date: 10/22/08 AIA or-2 A Real Estate Sale #3 On October 29, 2008 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 29, 2008 By: Real Estate Sergeant Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePatti* ot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss JosE!ph 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: REAL ESTATE SALE NO.3 01/21/09 Writ No. 2008-5032 Civil Term Washington Mutual Bank; F.A. 01/28/09 VS Jayme S. `Binder and Jody A. Binder 02/04/09 Attorney Daniel Schmieg LEGAL DESCRIPTION ........ . .... ' ' ' ' 4LLTHAT CERTAINPARCEL OFGROUND Sworn to an subs abed before 7this2?y of February, 2009 A.D. SITUATE IN THE TOWNSHIP OF NORTH Newton, CITY OF NEWVILLE, 4 CUMBERLAND COUNTY, , ( \1 COMMONWEALTH OF PENNSYLVANIA AS MORE FULLY DESCRIBED IN DEED Notary Public BOOK 112, PAGE 486, ID# 30191683043, BEING KNOWN AND DESIGNATED AS LOT 16, FINAL SUBDP4SION PLAN OF NORTH NEWTON HHJS PHASE I FILED IN PLAT BOOK 66, PAGE 97, RECORDED AUGUST 9, 1993, MORE PARTICULARLY COMMONWEALTH OF PENNSYLVANIA BOUNDED AND DESCRIBED AS Notar'al Seal FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE Sherrie L l(isne+, (Votary Public Clly Of Harnshurg Dauphin County NORTHERN DEDICATED RIGHT-OF-WAY , s Ex tsion w.m Expires My Commi Nov. 26, 2 01 1 LINE OF LANCE COURT AT THE DIVIDING LINE OF LOT #16 AND LOT #17, SAID Member. Pennsylvania Association of Notaries POINT ALSO BEING LOCATED 65.49 FEET WEST OF THE WESTERN EXTREMITY OF AN ARC CONNECTING THE NORTHERN DEDICATED RIGHT-0F-WAY LINE OF LANCE COM 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; THENCEBY Lti+lE OF LOT #15 NORTH 51 DEGREES 24 N94UTES 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 M DI TIES 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. CONTAINS 10,931 SQUARE FEET. TAX ID #: 30-19-1683-043 TITLE TO SAID PREMISES IS VESTED IN Jayme S. Bid and Jody A. Binder, as Temm in Comm, by Deed from Jayme S. Binder an( Jody A. 'Binder; formedy known as, Jody A Day, as Tenants in Common, dated 01/1312005 recorded 05117!2005 is Book 268, Page 4456. PREMISES BEING: 3 LANCE COURT 07 NEWVRJ4 FA 17241-M PARM NO. 30-1946"3 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWOWTO AND SUBSCRIBED before me this 3 day of Februa 13 2009 Notary NC7;AR,AL SEAL DEBORAH A COLLINS Notary Public CARL ISLE BORO, CUMBERLAND COUNT`( My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO, 3 Writ No. 2008-5032 Civil Washington Mutual Bank, F.A. V! Jayme S. Binder anti Jody A, Binder Atty.: Daniel Schmieg LEGAL 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-wav 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 are 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 3 7 degrees 49 minutes 48 seconds East 30.97 feet to a point at the dividing line of Lot # 16 and Lot ti 1. ^r 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 19-1683-04,. 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 Ol i 13/2005, recorded 05/17/2005 in. Book 268. Page 4456. PREMISES BEING. :$ i,AiNCE COURT, NEWVILLF, PA 17241 9207. . PARCEL NO 30-19-1683-04i PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. JAYME S. BINDER JODY A. BINDER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/05/2009 ($13.56 per diem) NO. 08-5032-CIVIL TERM CUMBERLAND COUNTY $82,489.28 $6,169.80 TOTAL $88,659.08 rney for Plaintiff 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 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., 1d. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ?j'Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 184788 ?o v ? ,? T N N O N ? + d Cl+ W f"' '"" ? N W P; Q Q., qua Llama wW ?? z ¢ ti M d M J O N Q 1?+ ? ~i d, Q1 00 a, C> p O Nov 00 r c ? - <N V? <C NCO M N aa,??Z ?N O W U MND? 0 O? c')N c- 'D O O? 02b 1..?? O O OZ Z 67Z a'Z .-? a W a z z, Z b z z z I'D z b b W b° a Oa P'a c ch a z?(n ?.o?? 1 KA a w a c ti a w w c??d w w t.. / wp W W y`a `s >w'?.???cp d W C O C7 H v y x CO cc 's 45 45 0 .- Q 7' p r3 cad c 0 4.) c° 7 d U ti U¢ V W W .d :? ? w q ti LI) " A ¢ p. QQQQQQQQQQn??QQ?Q lif ?-' [71 ((?'?? W C=zp V nc M as LEGAL DESCRIPTION ALL THAT CERTAIN PARCEL OF GROUND SITUATE IN THE TOWNSHIP OF NORTH Newton, CITY OF NF,WVI1,i.F, C1WBERLAND 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 1, 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 PONT; THENCE BY SAME BY A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND AN ARC LENGTI I 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. 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 Book 268, Page 4456. PREMISES BEING: 3 LANCE COURT, NEWVILLE, PA 17241-9207 PARCEL NO. 30-19-1683-043 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff V JAYME S. BINDER JODY A. BINDER Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5032-CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. r By: Attey for Plaintiff 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 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ® Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 alto ' I-,..? r WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 08-5032-CIVIL TERM JAYME S. BINDER JODY A. BINDER CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by the undersigned attorney, 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 17241-9207. Name and address of Owner(s) or reputed Owner(s): Name JAYME S. BINDER JODY A. BINDER Name and address of Defendant(s) in the judgment: Address (if address cannot be reasonably ascertained, please so indicate) 3 LANCE COURT NEWVILLE, PA 17241-9207 3 LANCE COURT NEWVILLE, PA 17241-9207 Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MFRS, INC. 3300 SW 34' AVENUE; SUITE 101 OCALA, FL 34474 MERS AS A NOMINEE FOR P.O. BOX 2026 GMAC MORTGAGE CORPORATION- FLINT, MI 48501-2026 DBA DITECH.COM GMAC MORTGAGE CORPORATION 3200 PARK CENTER DRIVE; SUITE 150 DBA DITECH.COM COSTA MESA, CA 92626 GMAC MORTGAGE CORPORATION 3451 HAMMOND AVENUE DBA DITECH.COM MAIL CODE 507-345-186 WATERLOO, IA 50702 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Namp and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name 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 TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare GMAC MORTGAGE CORPORATION DBA DITECH.COM GMAC MORTGAGE CORPORATION DBA DITECH.COM HOME CONNECTS GMAC MORTGAGE CORPORATION DBA DITECH.COM Address (if address cannot be reasonably ascertained, please indicate) 3 LANCE COURT NEWVILLE, PA 17241-9207 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 3451 HAMMOND AVENUE MAIL CODE 507-345-186 WATERLOO, IA 50702 3200 PARK CENTER DRIVE; SUITE 150 COSTA MESA, CA 92626 100 LAKESIDE DRIVE HORSHAM, PA 19044 1100 VIRGINIA DRIVE FORT WASHINGTON, PA 19034 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.A.: § 4904 relating to unsworn falsification to authorities. December 7, 2009 By: Att y for laintiff elan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 JQ Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 F,LE0 =F OTARY 2 GEC 14 Ail 9: 4 5 ?, . Frv 4 WASHINGTON MUTUAL BANK, F.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION JAYME S. BINDER JODY A. BINDER VS. : NO. 08-5032-CIVIL TERM : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JAYME S. BINDER JODY A. BINDER 3 LANCE COURT 3 LANCE COURT NEWVILLE, PA 17241-9207 NEWVILLE, PA 17241-9207 "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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 3 LANCE COURT, NEWVILLE, PA 17241-9207 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $82,489.28 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 Sheriff s Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff's 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. A 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-5032-CIVIL TERM WASHINGTON MUTUAL BANK, F.A. VS. JAYME S. BINDER JODY A. BINDER owner(s) of property situate in the Township of North Newton, Cumberland County, Pennsylvania, being (Municipality) 3 LANCE COURT, NEWVILLE, PA 17241-9207 Parcel No. 30-19-1683-043 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $82,489.28 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 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 #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. 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 Book 268, Page 4456. PREMISES BEING: 3 LANCE COURT, NEWVILLE, PA 17241-9207 PARCEL NO. 30-19-1683-043 nTAPY 240S DEC 14 =; 0: 45 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5032 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 and 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 $82,489.28 L.L. Interest from 3/5/09 ($13.56 per diem) -- $6,169.80 Atty's Comm % Due Prothy $2.00 Atty Paid $1320.73 Plaintiff Paid Date: 12/14/09 Other Costs (Seal) REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY WASHINGTON MUTUAL BANK, F.A. DEFENDANT JAYME S. BINDER JODY A. BINDER SERVE JODY A. BINDER AT: 3 LANCE COURT NEWVILLE, PA 17241-9207 PHS # 184788 o v SERVICE TEAM/ iin mil`` ? --4 1 Mrr M .,_.; COURT NO.: 08-5032-CI4TIERMt M2 -ch TYPE OF ACTION` t' - :i XX Notice of Sheriffs Sale SALE DATE: 06/02/2010 r) c? SERVED Served and made known to UO rclm , oj o , Defendant on the ? day of ??*/, 2040 at s;o'clock-. M., at 3 11 01C 1 149"s .E, AA , in the manner described below: Defendant personally served. Adult family membe with whom Defendant(s) reside(s). Relationship is wu5 8 A-04b Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. Other: Description: Age 30 S Height 5q" Weight 140 Race W Sex AA Other I, QWA-tb A46 W- , 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above KIMBERLY CURTY Sworn to and subscribed ' NOTARY PUBLIC before me this day STATE OF NEW JERSEY T4V 20Q10 . COMMISSION smRE5 MARCH 2013 of Not By: NOT SERVED On the day of , 200, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer _ Service Refused Other: Sworn to and subscribed before me this day of ()? By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Joni, Esq., Id. No. 81760 Jcnine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. N.202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Fsq., Id. No. 61791 Andrew L Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, FN, Id. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY WASHINGTON MUTUAL BANK, F.A. DEFENDANT JAYME S. BINDER JODY A. BINDER SERVE JAYME S. BINDER AT: 3 LANCE COURT NEWVILLE, PA 17241-9207 PHS # 184788 C ° `- SERVICE TEAM/ iin COURT NO.: 08-5032-CIV ' TE R11Qn , r -Ea C7 TYPE OF ACTION ' M XX Notice of Sheriffs Sale ? t",3 SALE DATE: 06/02/2010 p SERVED Served and made known to I"F- 5. ?040eR Defendant on the ??`day of AN?0-R 20'!Z, at (p;5;o'clock -P.M., at $ LAOXF- COvAT , NFWw? U64 P4, in the manner described below: ? Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. Other: Description: Age 30 S Height '1 t Weight (40 Race W Sex M Other I, ?D Mo LL-, 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 Sheriffs 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 ( 5f'- day of l , 20() d. Not By: On the day of , 200, at 1CIiiknY CURTY NOTARY PUBLIC STATE OF NEW )ERSEY outtSS1ON EXPIRES MARCH 7, 2013 (-bL? NOT SERVED o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer Service Refused Other: Sworn to and subscribed before me this - day - By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Muleahy, Esq., Id. No. 61791 Andrew L Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., L. No. 946211 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563.7000 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JAYME S. BINDER JODY A. BINDER No. 08-5032-CPAL TERIt ? _ F . Defendant(s) r ' o >= AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ,- CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party 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 Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hib ' * = t lZ Lawr ce T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ?? f ^ Attorney for Plaintiff l[? Date: 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. PHS # 184788 Eya, T mCL c =Y o c T CM l.m0a. C E fm ^ o c o LL ?? E E is E c ? E i5 l E cE rn /i pt???rp £ q EmEg p los- 8 H O Q dIZ 0311viv 6 ti LZ6000 VU z o , ? 10 ? E ? s w w E ?Y W 8$ f? ? 7 f1 O N Uy•- O C O v?E?w fC N C q'{ N- c°oE:1 c?r m c ? O ?'$ m S :s h ma C: F v ai W2 ; a C m ? ?Fw?L o 8Wq 8 ? d T = s? ?m 0) q CL 0 F- a5 u'S o 0 ° a L . 'VC Q 0 W t9 O v O v O v O ? M Q = t t C W p .+ O ? 'tea O m? m m V m p Q z o O CL w o v a c? - o 0 0 4E c O 5 c O c O IV c O Lu a cc U ?Qoi Q =Lu EL N F, 't O c C = . W N Vow ui Ulu Wf W OWZ W ct po W z a A > =_ c, N O m ti W a Z ? tu Q? fIZ ?;© t ey a m ? >< V a o W? C f cr a =a f tea w Otin' m ' ?. Z LL m zN ? W Va 0 ` $ UJui d o N, U' z - vs ? 40 c 0 E Z z 2- Q off, E t eC _$ ? a :E QC ? Z as < 0) at, W. v M, oG $ p? lk 0 4? =! s° z> z ? FM C GCS M-ti Vaa= e?i0 'fa: $ U Q3" =? Q . ? © . g 0 . LL. u . # f # % # i#t i c Z C r N M 'eF O tO P aD Os O T T T N M e? it W. O It- j J Z gHq $ n J 4 N O O to O 1?1 19 Ins O. O N "? r m Ce Cf) tC r a? ! ma: r otf ?' N d cN 3 c fl. c 0 U. Q c? 0a a I?- s 0 Gs L 300OCIZ Worm 031Ibw 0402 Ot NdV 9SZLLZV000 099010S W Z0 10%fdl? CC r i isc .1i ?W ? r. c .. ? ? a 0. cQk ss °?Y7 O " r" e vVg3 - O rs r p c N !A a i19; in c ) WJ ? U- O ?QC'?g 'L7 N Q Z ?t7N c r N It /V30- E M ? g N ? ?4DN c- 3 LLYYtt t '` s 7 ?' gg LLJ I CL g ? n N 'T 0 I d g p a 0 ?.s "'WASHINGTON MUTUAL BANK, F.A. Plaintiff v JAYME S. BINDER JODY A. BINDER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5032-CIVIL TERM CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by the undersigned attorney, 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 17241-9207. Name and address of Owner(s) or reputed Owner(s): 2. 3. Name Address (if address cannot be reasonably ascertained, please so indicate) JAYME S. BINDER 3 LANCE COURT C NEWVILLE, PA 17241-9207 JODY A. BINDER 3 LANCE COURT ` _ a? NEWVILLE, PA 17241-9207 o Name and address of Defendant(s) in the judgment: C; _.: Name Address (if address cannot be reasonably -- ascertained, please so indicate) Z? r_ SAME AS ABOVE CD Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS, INC. 3300 SW 34'$ AVENUE; SUITE 101 OCALA, FL 34474 MERS AS A NOMINEE FOR GMAC MORTGAGE CORPORATION_ DBA DITECH.COM GMAC MORTGAGE CORPORATION DBA DITECH.COM GMAC MORTGAGE CORPORATION DBA DITECH.COM CitiBank (South Dakota), N.A. CitiBank (South Dakota), N.A. Atlantic Credit and Financial, Inc. Atlantic Credit and Financial, Inc. P.O. BOX 2026 FLINT, MI 48501-2026 3200 PARK CENTER DRIVE; SUITE 150 COSTA MESA, CA 92626 3451 HAMMOND AVENUE MAIL CODE 507-345-186 WATERLOO, IA 50702 701 East 60th Street North Sioux Falls, SD 57117 C/o Brit J. Suttell, Esq. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 2727 Franklin Road Roanoke, VA 24014 C/o Frederic I. Weinberg, Esq. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 6. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare GMAC MORTGAGE CORPORATION DBA DITECH.COM GMAC MORTGAGE CORPORATION DBA DITECH.COM HOME CONNECTS GMAC MORTGAGE CORPORATION DBA DITECH.COM 3 LANCE COURT NEWVILLE, PA 17241-9207 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 3451 HAMMOND AVENUE MAIL CODE 507-345-186 WATERLOO, IA 50702 3200 PARK CENTER DRIVE; SUITE 150 COSTA MESA, CA 92626 100 LAKESIDE DRIVE HORSHAM, PA 19044 1100 VIRGINIA DRIVE FORT WASHINGTON, PA 19034 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.A. § 4904 relating to unworn falsification to authorities. By: r Attorney for Plaintiff 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 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 1,: 4 f .. t.,~ ~. ~~ t.'~ rh, .~ ~i~3 ~- r, ry~p r ? ; ~ ~q Y l'"~ ~~ ~, ~3 1 €,,.i PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: VIVEK SRIVASTAVA, ESQUIRE ATTORNEY I.D. NO. 202331 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division JAYME S. BINDER CUMBERLAND County JODY A. BINDER Defendants No. 08-5032-CIVIL TERM EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, PHELAN HALLINAN & SCHMIEG, LLP, petitions this Honorable Court for a two month postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: A Sheriff s Sale of the mortgaged property known as 3 Lance Court, Newville, PA 17241-9207 involved herein has been scheduled for October 6, 2010. 2. Plaintiff wishes to postpone the Sheriff sale in accordance with a voluntary "moratorium" on foreclosures sales. The purpose of said moratorium is to hopefully avoid the necessity of the foreclosure and allow for a possible workout of the default. Unless the court grants this order to postpone the Sheriff sale, the Plaintiff will have to re-advertise the property in furtherance of Pa.R.C.P. 3129.2 which will result in additional costs to the parties. 184788 4. A brief postponement of the Sheriff's Sale will not prejudice Defendants and will, in fact, inure to their benefit. WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to December 8, 2010. PHELAN AN & SCHMIEG, LLP VNEK S ASTAVA, ESQUIRE ATTORNEY FOR PLAINTIFF 184788 PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: VNEK SRNASTAVA, ESQUIRE ATTORNEY I.D. NO. 202331 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 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. 08-5032-CNII, TERM PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case sub judice, a Sheriffs Sale of the mortgaged premises lrnown as 3 Lance Court, Newville, PA 17241-9207 has been scheduled for October 6, 2010. However, a two month postponement is requested in observance of the foreclosure moratorium. Inasmuch as the postponement will inure to the benefit of the Defendants, Defendants will not be injured by the granting of the relief requested. Accordingly, Plaintiff respectfully requests a two month continuance of the Sheriffs Sale of the mortgaged premises to the December 8, 2010 sale. RESPECTFUL SUBMITTED: PHELAN AN & SCHMIEG, LLP VNEK ASTAVA, ESQUIltE ATTORNEY FOR PLAINTIFF 184788 VERIFICATION Vivek Srivastava, Esquire, hereby states that he is the attorney for the plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Emergency Motion for Postponement of Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: October 4, 2010 VIVEK S$~VA, ESQUIRE ATTORNE OR PLAINTIFF 184788 PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: VIVEK SRIVASTAVA, ESQUIRE ATTORNEY I.D. NO. 202331 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. JAYME S. BINDER JODY A. BINDER ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County Defendants No. 08-5032-CIVIL TERM CERTIFICATION OF SERVICE I, Vivek Srivastava, Esquire, hereby certify that a copy of the Emergency Motion for Postponement of Sheriff's Sale, Memorandum of Law in Support thereof, and Certification of Service has been sent to the individuals indicated below on October 4, 2010: JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 VIVLK SRIVASTAVA, ESQUIRE ATTORNEY FOR PLAINTIFF 184788 ~. ,~ t r ~~~~-~F~~ ~w GF Tt'~' €'~~~ ~ ~~'t~rOT~'~RY opp:{~ \} 111i 19 r cc: WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff vs. Civil Division JAYME S. BINDER CUMBERLAND County JODY A. BINDER Defendants No. 08-5032-CIVIL TERM ORDER AND NOW, this S~ day of October, 2010, after consideration of Plaintiff s Emergency Motion for Postponement of Sheriff s Sale of the mortgaged property, it is hereby ORDERED that the said sale of 3 Lance Court, Newville, PA 17241-9207, is hereby extended two months to the regularly scheduled Sheriff's Sale dated December 8, 2010. No further advertising or additional notice to lienholders or Defendants is required. However the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendants via first class mail. ~vek Srivastava, Esquire ~/'Jayme S. Binder ~ Jody A. Binder rCumberland County Sheriff.. =,iJ $ox 184788 OCT 05 2010 -~,,,; BY THE COURT: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff P THE PROTHON,O ^, Jody S Smith ?}! SEC AN V Chief Deputy' Richard W Stewart CUMBERLAtiO uou Ty Solicitor PENNSYLVANIA Washington Mutual Bank, F.A. Case Number vs. 2008-5032 Jody A. Binder (et al.) SHERIFF'S RETURN OF SERVICE 04/05/2010 08:50 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 2047 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 Jody A. Binder & Jayme S. Binder, located at 3 Lance Court, Newville, Cumberland County, Pennsylvania according to law. 04/05/2010 08:50 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 2047 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jody A. Binder, by making known unto, Jayme S. Binder, husband of defendant, at 3 Lance Court, Newville, Cumberland County Pennsylvania it,, contents and at the same time handing to him personally the said true and correct copy of the same. 04/05/2010 08:50 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 2047 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jayme S. Binder, by making known unto, Jayme S. Binder, personally, at 3 Lance Court, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/28/2010 Property sale postponed to 8/4/2010. 07/30/2010 Property sale postponed to 10/6/2010. 10/06/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010 12/03/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 12/3/10. SHERIFF COST: $689.99 December 03, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF a.0a P?. Cam. 0/0 jsa/ tc CoutrycSwe Sher# Tele;soft _ h`:a. WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 08-5032-CIVIL TERM JAYME S. BINDER CUMBERLAND COUNTY JODY A. BINDER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JAYME S. BINDER JODY A. BINDER 3 LANCE COURT 3 LANCE COURT NEWVILLE, PA 17241-9207 NEWVILLE, PA 17241-9207 * *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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 3 LANCE COURT, NEWVILLE, PA 17241-9207 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $82,489.28 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff's 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-5032-CIVIL TERM WASHINGTON MUTUAL BANK, F.A. VS. JAYME S. BINDER JODY A. BINDER owner(s) of property situate in the Township of North Newton, Cumberland County, Pennsylvania, being (Municipality) 3 LANCE COURT, NEWVILLE, PA 17241-9207 Parcel No. 30-19-1683-043 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $82,489.28 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 i 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 ME'q=S 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. 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 Book 268, Page 4456. PREMISES BEING: 3 LANCE COURT, NEWVILLE, PA 17241-9207 PARCEL NO. 30-19-1683-043 WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS PWntiff CIVIL DIVISION V. , NO. 08-5032-CIVIL TERM JAYME S. BINDER , JODY A. BINDER CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the datethe Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 3 LANCE COURT, NEWVILLE, PA 17241-9207. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JAYME S. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) None. 1. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS, INC. 3300 SW 3e AVENUE; SUITE 101 OCALA, FL 34474 MERS AS A NOMINEE FOR GMAC MORTGAGE CORPORATION_ DBA DITECH.COM GMAC MORTGAGE CORPORATION DBA DITECH.COM GMAC MORTGAGE CORPORATION DBA DITECH.COM P.O. BOX 2026 FLINT, MI 48501-2026 3200 PARK CENTER DRIVE; SUITE 150 COSTA MESA, CA 92626 3451 HAMMOND AVENUE MAIL CODE 507-345-186 WATERLOO, IA 50702 i. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of evey other person who has any record interest in the property and whose interest may be affected by the sale Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare GMAC MORTGAGE CORPORATION DBA DITECH.COM GMAC MORTGAGE CORPORATION DBA DITECH.COM HOME CONNECTS GMAC MORTGAGE CORPORATION DBA DITECH.COM 3 LANCE COURT NEWVILLE, PA 17241-9207 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 3451 HAMMOND AVENUE MAIL CODE 507-345-186 WATERLOO, IA 50702 3200 PARK CENTER DRIVE; SUITE 150 COSTA MESA, CA 92626 100 LAKESIDE DRIVE HORSHAM, PA 19044 1100 VIRGINIA DRIVE FORT WASHINGTON, PA 19034 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or reformation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A:.4: 1904 relating to unsworn falsification to authorities. December 7, 2009 By: ` AHfor laintiff elan allinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 D Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 JH Andrew C. Bramblett, Esq., Id. No. 208375 rr WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5032 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 and 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 $82,489.28 L.L. Interest from 3/5/09 ($13.56 per diem) -- $6,169.80 Atty's Comm % Due Prothy $2.00 Atty Paid $1320.73 Plaintiff Paid Date: 12/14/09 Other Costs (Seal) By: - Long, Prothonotary,, Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF 'Ws F- 9 EGO-C'Aw l ? TISjy Wits , t tyre utito set my haivi ? of sad rt at CNE40, ft. Telephone: 215-563-7000 Supreme Court ID No. 206779 On March 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA, Known and numbered, 3 Lance Court, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ?c Real Estate Coordinator b t Q V L 1330 b001 ?? 33183H5 3Hi ],J)--JO PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L-1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 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. Writ No. 2006-5032 civil isa Marie Coyn ditor Washington Mutual Bank, F.A. Vs. Jody A. Binder Jayme S Binder Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 08-5032-CIVIL, WASHINGTON MUTUAL BANK, F.A. vs. JAYME S. BINDER, JODY A. BINDER, owners of property situate in the Cumber- land County, Pennsylvania, being 3 LANCE COURT, NEWVILLE, PA 17241-9207. Parcel No. 30-19-1683-043. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $82,489- .28. SWORN TO AND SUBSCRIBED before me this day of Aril 2010 _aQ Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PubNc FA?L LE BOROUGH. CUMBERLAND COUNTY y Commh Wm Explns Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: Writ No. 2008-5032 Civil Term Washington Mutual Bank, F.A. Vs. Jody A. Binder Jayme S Binder Atty: Daniel G schmieg By virtue of a Writ of Execution NO, 08-5032- CIVIL TERM WASHINGTON MUTUAL BANK, F.A. vs. JAYME S. BINDER JODY A. BINDER owner(s) of property situate in the Cumberland County, Pennsylvania, being 3 LANCE COURT, NEWVILLE, PA 17241-9207 Parcel No. 30-19-1683-043 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $82,489,28 the Pahiot-Netus Now you know Sworn to and subscribed before me this 18 clay of May, 2010 A. D_ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Klsner, Notary Public Lower Paxton Twp,, Dauphin County M Commisslort Npy 26, 2011 Member, Pennsylvania Assoclatlon of Notaries 04/16/10 04123110 04/30/10 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY ' WASHINGTON MUTUAL BANK,F.A. PHS#184788 DEFENDANT SERVICE TEAM/lxh JAYME S.BINDER COURT NO.:08-5032-CIVIL TERM JODY A.BINDER SERVE JAYME S.BINDER AT: TYPE OF ACTION 3 LANCE COURT XX Notice of Sheriffs Sale NEWVILLE,PA 17241-9207 SALE DATE: June 5,2013 t7. ry M SERVED Served and made known to JAYME S.BINDER,Defendant on the (b'day of MAW4 ,20( 4:SS,o'clock P.M.,at 3 UFNeE Q0 Q11"UAI PA ,in the manner described below: =70 /Defendant personally served. C> qr _Adult family member with whom Defendant(s)reside(s). Relationship is �, � C:)- _Adult in charge of Defendant's residence who refused to give name or relationship. =_ _Manager/Clerk of place of lodging in which Defendant(s)reside(s). DC= at Agent or person in charge of Defendant's office or usual place of business. -i _ an officer of said Defendant's company. Other: Description: Age NI OR Height _5#9` Weight�Race AJ Sex-M Other I 1 011,11 Mull a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to enalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. r DATE: 3 ifs r3 NAME: PRINTED NAME: Ronald Moll Process Scrvcr TITLE: NOT SERVED On the ' day of 20 at oclock_.M.,I,• a competent adult hereby state thatD-eTendant 1�6'T FOUND because: _Vacant _Does Not-Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY WASHINGTON MUTUAL BANK,F.A. PHS#18478S DEFENDANT SERVICE TEAM/lxh JAYME S.BINDER COURT NO.:08-5032-CIVIL TERM JODY A.BINDER SERVE JODY A.BINDER AT: TYPE OF ACTION 3 LANCE COURT XX Notice of Sheriffs Sale NEWVILLE,PA 17241-9207 SALE DATE: June 5,2013 SERVED czi 16 of ACY /1�'da a Served and made known to JODY A.BINDER,Defendant on the_ y _>20 l3,at-0 X m�,o'clock .M.,at 3 LA0JCE C�w,Qr� /VEWJIU.�r P� ,in the manner described below: �rn � M Defendant personally served. `L7 rn ✓Adult family member with whom Defendant(s)reside(s). C7 Relationship is $ t' --qcD _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). =p :X_ Agent or person in charge of Defendant's office or usual place of business. C:)_-,f _ an officer of said Defendant's company. - - _Other: r � Description: Age_11 Height .S f Weight 145' Race 0) Sex M Other I Ronald Moll a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: 3 /G 13 NAME:' Ronald Moll PRINTED NAME: Process Saver TITLE: NOT SERVED On the day of .20_,at o clock ' .M.,.I, a competent adult hereby state than bTendant NOT FOUND ecaue: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 ry SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-1OFFICE Sheriff '`` THE PROTHOfiOTARY Jody S Smith V", 2013 JIB, -2 PM 2; 4-6 Chief Deputy Richard W Stewart 4 PtN CUMBERLAIQ BOUNTY Solicitor OFFICE OF THE SPERIFF PEN,NsYLVANIA Washington Mutual Bank, F.A. Case Number iod's. 2008-5032 Jody V5. Binder(et al.) SHERIFF'S RETURN OF SERVICE 03/26/2013 06.11 PM-Deputy Valerie Weary, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 3 Lance Court, North Newton Township, Newville, PA 17241, Cumberland County. 04/05/2013 03:13 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Jayme S Binder at 3 Lance Court, North Newton Township, Newville, PA 17241, Cumberland County. 04/05/2013 03:13 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Jayme Binder-Husband, who accepted as"Adult Person in Charge"for Jody A. Binder at 3 Lance Court, North Newton Township, Newville, PA 17241, Cumberland County. 05/09/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned"stayed", per letter of instruction from Attorney. SHERIFF COST: $137.31 SO ANSWERS, 6Z July 01, 2013 RbNW R ANDERSON, SHERIFF Awl' (c)Caunty$Lfite Slipriff,Trleosoft,inc. WASHINGTON MUTUAL BANK,F.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 08-5032-CIVIL TERM JAYME S. BINDER JODY A. BINDER Defendant(s) CUMBERLAND COUNTY PHS # 184788 AFFIDAVIT PURSUANT TO RULE 3129.1 WASHINGTON MUTUAL BANK,F.A.,Plaintiff in the above action,by the undersigned attorney,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 17241-9207. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JAYME S.BINDER 3 LANCE COURT NEWVILLE,PA 17241-9207 JODY A.BINDER 3 LANCE COURT NEWVILLE,PA 17241-9207 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) JAYME S.BINDER 3 LANCE COURT NEWVILLE,PA 17241-9207 JODY A.BINDER 3 LANCE COURT NEWVILLE,PA 17241-9207 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) CITIBANK(SOUTH DAKOTA)N.A 701 E.60TH STREET N SIOUX FALLS,SD 57104-0432 CITIBANK(SOUTH DAKOTA)N.A 1060 ANDREW DRIVE C/O BRITTANY JAN SUTTELL,ESQUIRE STE 170 WEST CHESTER,PA 19380 ATLANTIC CREDIT AND FINANCIAL,INC. 2727 FRANKLIN ROAD ROANOKE,VA 24014 ATLANTIC CREDIT AND FINANCIAL,INC. 1001 E HECTOR STREET C/O FREDERIC IVAN WEINBERG,ESQUIRE STE 220 CONSHOHOCKEN,PA 19428 ATLANTIC CREDIT AND FINANCIAL,INC. 1001 E HECTOR STREET C/O JOEL M FLINK,ESQUIRE STE 220 CONSHOHOCKEN,PA 19428 4. Name and address of last recorded holder of every mortgage of record: Name• Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name 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 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 Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 3 LANCE COURT NEWVILLE,PA 17241-9207 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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 stateme s herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to autho ' i . Date: By: //-7- 7 P flan alli an, LP Allison F.Zucke an,Esq.,Id.No.309519 Attorney f mtiff WASHINGTON MUTUAL BANK,F.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 08-5032-CIVIL TERM JAYME S. BINDER and JODY A. BINDER Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 "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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate)at 3 LANCE COURT,NEWVILLE,PA 17241-9207 is scheduled to be sold at the Sheriffs Sale on 06/05/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$82,489.28 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff's 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN PARCEL OF GROUND SITUATE IN the Township of North Newton, 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 are connecting the Northern dedicated right-of-way line of Lance Court and the Western dedicated right-of-way line of James Drive; 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. TITLE TO SAID PREMISES 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 Book 268, Page 4456. PREMISES BEING:3 LANCE COURT,NEWVMLE,PA 17241-9207 PARCEL NO.30-19-1683-043 R SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-5032-CIVIL TERM WASHINGTON MUTUAL BANK, F.A. vs. JAYME S. BINDER JODY A. BINDER owner(s) of property situate in the Township of North Newton, Cumberland County, Pennsylvania, being (Municipality) 3 LANCE COURT,NEWVILLE, PA 17241-9207 Parcel No. 30-19-1683-043 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $82,489.28 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 08-5032 Civil COUNTY OF CUMBERLAND) 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 AND 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: $82,489.28 L.L.: Interest from 3/5/2009 to Date of Sale($13.56 per diem) -- $21,072.24 Atty's Comm: Due Prothy:$2.25 Atty Paid:$x.03 9, R;L_ Other Costs: Plaintiff Paid: Date: 1/23/13 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ALLISON F.ZUCKERMAN,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORD In Testimony�,fhereof,I here unto set my hand Supreme Court ID No.309519 and the beol Of said Co rt :1) k at Carlisle,Pa. This—12&day of 20 I-_? On March 12, 2013 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, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Real Estate Coordinator �Z :g V hZ Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 r 1-1E PIWTHON 2014 JUN 1 U 4110; 30 CUMBERLAND COUNT PENNSYLVANIA Attorney For Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff v. JAYME S. BINDER JODY A. BINDER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 08 -5032 -CIVIL TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute BAYVIEW LOAN SERVICING LLC as successor Plaintiff for the originally named Plaintiff. Date: The material facts on which the right of succession and substitution are based as follows: BAYVIEW LOAN SERVICING LLC is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 03/26/2014 in Instrument No. 201406120 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. 6/6/11' PH # 678705 By: Mario J. Hanyon, Esq., Id. No.20 Attorney for Plaintiff opt l°p Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff v. JAYME S. BINDER JODY A. BINDER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 08 -5032 -CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above -captioned matter to the use of BAYVIEW LOAN SERVICING LLC, located 4425 PONCE DE LEON BLVD. 5TH FLOOR- MAIL ROOM CORAL GABLES , FL 33146 Date: PH # 678705 //( PHELAN HALLINAN, LLP By: MaL Mario J 1 Hanyon, Esq., Id. No.2/039 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff v. JAYME S. BINDER JODY A. BINDER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 08 -5032 -CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of BAYVIEW LOAN SERVICING LLC. Date: PH # 678705 tql PHELAN HALLINAN, LLP By: Mario J. Hanyon, Esq., Id. No.2039`3 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff v. JAYME S. BINDER JODY A. BINDER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 08 -5032 -CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to BAYVIEW LOAN SERVICING LLC, Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: JAYME S. BINDER JODY A. BINDER 3 LANCE COURT NEWVILLE, PA 17241-9207 Date: PHELAN HALLINAN, LLP By: Mario J. Hanyon, Esq., Id. No.2 Attorney for Plaintiff