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HomeMy WebLinkAbout08-6132 MID PENN BANK, Plaintiff V. HARRISON F. BINK and KATHLEEN T. BINK, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- LoIS1 CIVIL TERM CIVIL ACTION - LAW ACTION IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9106 (717) 249-3166 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes p6ginas, debe tomar accibn dentro de los prbximos veinte (20) dlas despu6s de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mcis aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9106 (717) 249-3166 I MID PENN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. .0-9- 413.E CIVIL TERM V. HARRISON F. BINK and KATHLEEN T. BINK, husband and wife, Defendants CIVIL ACTION - LAW ACTION IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes the Plaintiff, Mid Penn Bank, by and through its attorneys Johnson, Duffie, Stewart & Weidner and files this Complaint and in support thereof avers as follows: 1. Plaintiff, Mid Penn Bank (sometimes called herein "Mortgagee") is a state banking institution, having an office located at 349 Union Street, Millersburg, Pennsylvania, 17061. 2. Defendants Harrison F. Bink and Kathleen T. Bink (sometimes called herein "Mortgagors"), are adult individuals who are believed to both reside at 17 Stone Spring Lane, Camp Hill, Pennsylvania 17011. 3. However, it is also believed and averred that Defendant Harrison F. Bink also resides at 111 North 17"' Street, Camp Hill, PA 17011. 4. At all times material to this cause of action, the Mortgagors have been the owner of a tract of land and the buildings thereon hereinafter called the "land" located at 17 Stone Spring Lane, Camp Hill, Pennsylvania 17011. 5. The land is described in Exhibit A attached hereto and incorporated herein. On March 21, 2007, in consideration of an agreement that the Mortgagee to extend loans from time to time to the Mortgagors, the Mortgagors executed to Mortgagee a Home Equity Line of Credit Note secured by an Open Ended Mortgage on the land obligating Mortgagors to repay the Mortgagee principal sums advanced to the Mortgagors with interest on the sums advanced at a ratio of 0.250 percent in excess of the Base Rate on Corporate Loans posted by at Least 75% of the USA's Thirty Largest Banks known as the Wall Street Journal Prime Rate as established each month, payments made in monthly installments as set forth in the Note. 6. The Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, at Instrument Number 200806129. 7. A copy of the Mortgage is attached hereto as Exhibit B and a copy of the Note is attached hereto as Exhibit C. 8. The Defendant Mortgagors, Harrison F. and Kathleen T. Bink, are in default on the Mortgage in that they have failed to make payments as required from and after April 2008. 9. The Defendants are the present real owners of the land. 10. Under the terms of the Mortgage, the Defendants are also obligated to pay to Plaintiff the expenses of collection including reasonable attorney's fees. 11. The usual and customary charge by attorneys for the collection of a delinquent mortgage is five percent (5%) of the unpaid balance of the Mortgage. 12. The amount due the Plaintiff under the Mortgage is computed as follows: Principal Balance: $60,081.47 Interest Balance $1,687.99 Late Charges $550.62 5% attorney's commission $3,116.00 TOTAL $65.436.08 WHEREFORE, the Plaintiff, Mid Penn Bank, demands judgment against the Defendants, Harrison F. Bink and Kathleen T. Bink, husband and wife, in the amount of Sixty-Five Thousand Four Hundred Seventy-Eight Dollars and seventy-four cents ($65,478.74), together with interest thereon as set forth in the Note from April 1, 2008, and the costs of this suit. JOHNSON, DUFFIE, STEWART & WEIDNER By: Eli abeth . Snover Attorney . No. 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717)761-4540 F: (717)761-3015 eds@jdsw.com Attorneys for Plaintiff Mortgagee 09f'8/2008 "4:29 FAX 7117 761 3015 JOM IR 008/008 VERIRCAT?4N I, Gregory Scheer, Collections Manager for Mid Penn Bank verify that I am authorized to make the statements herein and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Dated: C1? $ Gregory c ALL THAT CERTAIN tract or parcel of land and premises, situate, lying end being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point, which is the northern most corner of land now or formerly of Patel and running thence; North 61 degrees 15 minutes 00 seconds East 311.94 feet, crossing a private road known as Stone Spring Lane to a point on the westerly edge of the Conodoguinet Creek, then along the westerly edge of said creek South 19 degrees 39 minutes 29 seconds East 120.80 feet to a point which is the northernmost corner of lend now or formerly of Shoemaker (No. 16 Stone Spring Lane) then along the northerly line of said Shoemaker South 61 degrees 15 minutes 00 seconds West 292.30 feet to a point (which is the easterly corner of Patel) then along the easterly line of Patel, North 29 degrees 17 minutes 36 seconds West 119.28 feet to a point which is the place of BEGINNING. CONTAINING thereon a single family dwelling and a detached building/garage and being known as Number 17 Stone Spring Lane. Subject to all easements or rights-of-way for public or private utilities as indicated on a p1st entitled "Plan of Properties for Vacating Private right-of-way for Patel, Frederick, Shoemaker," prepared by Dale B. Stipe, registered surveyor, and recorded at Cumberland County Miscellaneous Book 592, Page 1146. BEING the same premises which Burris Ward and Janis K. Ward (formerly known as Janis K. Pretz), husband and wife, did convey to Harrison F. Bink and Kathleen T. Bink by Deed dated June 30, 2000 and recorded in the Cumberland County Court of Common Pleas at Deed Book TOGETHER with the right to the within Grantees, said Conodoguinet Creek road extending over o described tract was formerly a part and connecting Bridge Road leading to the Carlisle Pike. their heirs and assigns, to the use of the ther adjoining lands of which the within with a private road now known as Orr's TOGETHER with the right to the within Grantees, their heirs and assigns, to the use of the 40 feet wide private road between the property hereby conveyed and the property adjoining on the South of Benjamin F. Zimmerman and now or late of Frances S. Pigman and to the use of the 40 feet wide private roadway to the rear thereof now unopened and connecting roads as set forth in former deeds with the Carlisle Pike. EXHIBIT A Prepared $y: MID PENN BANK 4098 DERRY STREET HARRISBURG, PA 17111 717-558-2144 Return To. MID PENN BANK 4098 DERRY STREET HARRISBURG, PA 17111 717.558-2144 Parcel Number: 10.20.1846.189 Premises: 17 STONE SPRING LANE, CAMP HILL, PA 17011 COunty of CUM13ERLANDNNSYLVANIA I SS I Robert P Ziegler, Recorder, do hereby Certify that the foregoing is a true and fitness mylt?lnd o al aoaf thb Da of • ecoMer of sods My Commission Expires, 1st Monday, January 2010 Commonwealth of Pennsylvania Space Above This Line For Recording Data OPEN-END MORTGAGE This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is .03.21:20!17....... • • . • . • . • • • • • • • . • • • • • ................. The parties and their addresses are: MORTGAGOR: HARRISON F. BINK AND KATHLEEN C. BINK AKA KATHLEEN T BINK 17 STONE SPRING LANE CAMP HILL, PA 17011 ? If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: MID PENN BANK ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF PENNSYLVANIA 4098 DERRY STREET HARRISBURG, PA 17111 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's PENNSYLVANIA - HOME EQUITY LINE OF CREDIT MORTGAGE (NOT FOR FNMA, FHLMC, FHA OR VA USE) ?) M_ !Page T o -L-8) aso 1994 Bankers Systems, Inc„ St. Cloud, MN Form OCP•REMTG-PA 9/8/2005 EXHIBIT i performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described property: PROPERTY SITUATED IN HAMPDEN TWP AS DESCRIBED IN CUMBERLAND COUNTY DEED BOOK #225, PAGE 31 TAX PARCEL #10.20.1846- 189 The property is located in I;UMBE13100 .............................. at 17 STONE SPRING LANE (County) CAMP HU Pennsylvania 17011 (Address) (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). RL4,13MUM OBLIGATION LE%M. The total principal amount secured by this Security Instrument at any one time shall not exceed $ 1.00,00.0.0U ......................... This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A- Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (You must specocally identify the debt(s) secured and you should include the final maturity date of such debt(s).} HOME EQUITY LINE OF CREDIT IN THE NAME OF HARRISON F & KATHLEEN C BINK, IN THE AMOUNT OF 5100,000.00, DATED MARCH 21, 2007 3. 4. B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. t? (page 2 0 8) ® ©1994 Bankers Systems, Inc., St. Cloud, MN Form OCP•RENITG-PA 918/2005 S C. All other obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Mortgagor's principal dwelling that is created by this Security Instrument. 5. MORTGAGE COVENANTS. Mortgagor agrees that the covenants in this section are material obligations under th.- Secured Debt and this Security Instrument. If Mortgagor breaches any covenant in this section, Lender may refuse to make additional extensions of credit and reduce the credit limit. By not exercising either remedy on Mortgagor's breach, Lender does not waive Lender's right to later consider the event a breach if it happens again. Payments. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees to make all payments when due and to perform or comply with all covenants. Mortgagor also agrees not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written approval. Claims Against Title. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. Property Condition, Alterations and Inspection. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor' will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. Authority to Perform. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall 1page .3 or ?j® 01994 Bankers Systems, Inc., St. Cloud, MN Form OCP-AEMTG•PA 9/8/2005 not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. Leaseholds; Condominiums; Planned Unit Developments. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development, Condemnation. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent . domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. Insurance. Mortgagor shall keep Property insured against loss by tire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be.paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. Financial Reports and Additional Documents. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. (Page 4 of-al r 0 01994 Bankers Systsms, Inc., St. Cloud, MN Form OCP-REMTG-PA 91812005 7. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. 8. DEFAULT. Mortgagor will be in default if any of the following occur: Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt that is an open end home equity plan. Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make a payment when due. Property. Any action or inaction by the Borrower or Mortgagor occurs that adversely affects the Property or Lender's rights in the Property. Thin includes, but is not limited to, the following: (a) Mortgagor fails to maintain required insurance on the Property; (b) Mortgagor transfers the Property; (c) Mortgagor commits waste or otherwise destructively uses or fails to maintain the Property such that the action or inaction adversely affects Lender's security; (d) Mortgagor fails to pay taxes on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is senior to the lien of this Security Instrument; (e) a sole Mortgagor dies; (f) if more than one Mortgagor, any Mortgagor dies and Lender's security is adversely affected; (g) the Property is taken through eminent domain; (h) a judgment is filed against Mortgagor and subjects Mortgagor and the Property to action that adversely affects Lender's interest; or (i) a prior Iienholder forecloses on the Property and as a result, Lender's interest is adversely affected. Executive Officers. Any Borrower is an executive officer of Lender or an affiliate and such Borrower becomes indebted to Lender or another lender in an aggregate amount greater than the amount permitted under federal laws and regulations. 9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security Instrument, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure, or other notices and may establish time schedules for foreclosure actions. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are tiled shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it happens again. 10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Mortgagor breaches any covenant in this Security Instrument, Mortgagor agrees to pay all expenses Lender incurs in performing such covenants or protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred for inspecting, preserving, or otherwise protecting the Property and Lender's security interest. These expenses are payable on demand and will bear interest from the date of payment until paid in full at the highest rate of interest in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal (Rage 5 of Ek45&?® ©7994 Bsnkors Systems, Inc., St. Cloud, MN Farm OCP•REMTG•PA 9/812006 )/08/2008 9:06:55 AM CUMBERLAND COUNTY Incf ?t ?nnnnaaoo o expenses. To the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 ct seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance meams any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agrcement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 13. JOINT AND MIMUAL LIABILITY; CO-SIGNIERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. (page 6 of ) ?re.® 01994 Ba OlCers Systems, Inc., St. Cloud, MN Form OCP-REMTG-PA 9/6/2005 9/08/2008 9:06:55 AM CUMBERLAND COUNTY inst.# 2onansi 29 - Par,,, A of o 14. SEVERABILITY, INTERPRETATION. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 15. NOTICE. Unless otherwise iequired by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 16. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property, 17. LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. 18. APPLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to the extent required by the laws of the jurisdiction where the Property is located, and applicable federal laws and regulations. Any provision that appoints Lender as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). Lender, by exercising any of its rights under this Security Instrument, does so for the sole benefit of Lender. 19. RIDERS. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] ? Assignment of Leases and Rents ? Other ....... . . . . ..... . . . • , . , 20. ? PURCHASE MONEY. This Security Instrument secur s advances !by, •? used in whole or in part to acquire the Property. Accordingly, this curity Instgiif hfft'?nd the lien hereunder, is and shall be construed as a urehase money ort wi.. all ` ` c priorities and benefits thereof under the laws f the Common al gig 21. I4 NOTICE TO BORROWER: TATS DOCUMENT CO gi= 9 3 VARIABLE INTEREST RATE. 22. ? ADDITIONAL TERMS. E,XJ5?-?? ®7994 Bankers Systems, Inc., St. Cloud, MN Form OCP-REMTG-PA 918/2006 n _ (page 7 oL8J 9108/2008 9:06:55 AM CUMBERLAND COUNTY Inct * 9110xnRI70 - P.- 7 of 0 717-939-2629 MID PENN BANK PAGE 02/20 MID PENN BANK HARRISON F. BINK; KATHLEEN T. BINK Loan Number-LL 4098 DERRY STREET 17 STONE SPRING LANE Agreannent Date HARRISBURG, PA 17111 CAMP HILL, PA 17011 Credit Limit I 'Ma Maturity Date Q Lander Borrower HOME EQUITY LINE OE CREDIT t. DEFINITIONS. In this Agreement, these tams have the following 6. ? MINIMIUM BALANCE. 1 agree to maintain a principal meanings. balance outstanding during the term of this Agreement of at least A. Pronouns. The pronouns I,' "me' and 'my' refer to oil P Borrowers signing this Agreement, jointly and Individually, and each other person or legal entity that agrees to pal' this Agreement. .Y cu, and 'your' refer to the Lender, or any person or legal entity that acquires an Interest In the Una of Credit. H tU1? gAa nwnt. Agraementrefers to this HOME EQUIR LINE OF G and any sxtenslons, renewals, modifications or substitutions of it. C. Willing Cyob. Billing Cycle means the Interval between the drys or dates of regular periodic statements. D. Credit Limit. Credit Limit means the maximum amount of principal you will permit me to owe you under this Uns of Credit, at any one time. My Credit Limit In stated at the top of this Agreement E. Line of Credit. Line of Credt refers to this transaction generally, ineluding obligations and duties wising from the tams of all documents prepared or submitted for this transaction such as applications, security agreements, disclosures, and this Agreement. F. Lean Account Bohnoe. Loan Account Balance means the sum of the unpaid principal balance advanced under the terms of this Agreement, finance charges, fees, and other charges that we due, and other amounts advanced to me or ethers under the tame of this Line or Credit. G. Property. Property means any real or personal property that secures my obligations under this Una of Credit. (-rams. once'. 7. CREDIT LIMIT. Subject to the tams and conditions of this Agreement, I may borrow on this Line of Credit up to the Credit Urrdt_ I agree not to request or obtain an advance that will cause the unpaid principal of my Loan Account Balance to exceed the Credit Limit I understand that you will not ordinarily grant a request for an advance that would cause the unpaid principal of my Loan Account Balance to be greater than the Credt Umit, but that you may, at your option, grant such a request without obligating yourselves to do so in the future. My Credit Limit will not be increased if I overdraw the Line of Credit. H 1 exceed the Credit Urnit, I agree to pay the amount by which the unpaid principal of my Loan Account Balance exceeds the Credit Umit immediately, even if you have not yet billed me. Any sums in excess of the Crack Uhnit will not be secured by the Property, union they we for accrued but unpaid interest or expenditures made pursuant to the security irstrumant securing the Property, B. COMPUTATION OF FINANCE CHARGES. Finance charges begin to accrue immediately when you make an advance to me. Finance charges will be computed as follows: TO FIGURE THE FINANCE CHARGE FOR EACH BILLBIG CYCLE, A DAILY PERIODIC RATE IS MULTIPLIED BY THE AVERAGE DAILY BALANCE OF MY LOAN ACCOUNT BALANCE. YOU THEN MULTIPLY THAT AMOUNT BY THE NUMBER OF DAYS IN THE BILLING &CLE TO FIGURE THE AVERAGE DAILY BALANCE, YOU FIRST TAKE MY LOAN ACCOUNT BALANCE AT THE BEGINNING OF EACH DAY, AND ADD ANY NEW ADVANCIB, AND SUBTRACT ANY PAYMENTS OR CREDIT'S THAT APPLY TO DEBT REPAYMENT, AND ANY UNPAID FINANCE CHARGES, FEES, AND CHARGES. THIS GIVES YOU THE DAILY BALANCE THEN, YOU ADD UP ALL THE DAILY BALANCES FOR THE BILLING CYCLE AND DIVIDE THE TOTAL BY THE NUMBER OF DAYS IN THE WILLING CYCLE. THIS GiYES YOU THE AVERAGE DAILY BALANCE. Other important tams are defined throughout this Agreement. 2. PROMISE TO PAY. 1 promise to pay to you or your order, at your address, or at such other location as you may designate, so much of the Credit Limit as may be advanced under this Agreement, plus finance charges, fees, charges, costs, and expenses as described in this Une of Credit. 3. AGREEMENT TERM. This Agreement begins on the Agreement Date and continues until the Maturity Date. The Draw Period Is the period during the term of this Agreement that I may request advances. I may not request advancer during the Repayment Period, Periodic minimum payments are required duri • Draw Period and Repayment Parted. The Draw Period 1? and begins nVyWornont Date. The Repayment Period will then continue for 4. ADVANCES. I may request advances by the following methods: A. I% i write a CHECK Q, PERIODIC RATE AND ANNUAL PERCENTAGE RATE. The perio d in calculating the FINANCE CHARGE in 1a a oriespondng ANNUAL PERCENTAGE RATE is %. The annual percentage rate includes interest and not other costs. 10. VARIABLE RATE. The annual percentage rote may change. It will be based on the value of the Index described as the. THE BASE RATE ON CORPORATE LOANS POSTED BY AT LEAST 75% OF THE USA'S THIRTY LARGEST BANKS KNOWN AS THE WALL STREET JOURNAL PRIME RATE pits 0,250 percentage points. B. Q 1 draw my transaction account below b A_ IN p„Bpy. This rats will be rounded (Triggering Balance). Transaction account number MR& DU1 4 ? rm L r M ,a1 IN P R4 .FIX EN13N, RY MAIL D. 0 I make a purchose or withdrawal with my E. ? I authorize you to make a payment to a third person or another account. You will make the advance by advancing the amount directly to me, depositing it in my traroao$on account, or by paying a designated third person or account. You will record the amount as an advance and increase my Loan Account Balance. 9. ADVANCE LIMITATIONS. You do not have to make any advances during any period in which 1 have a right to cancel. My ability to request and access advances is oleo subject to the following additional limitations. A. ? Initial Advaaca. On an Initial Advance of i I will receive B_ Mm"um Advance. Subject to the limitations contained in No A aement, when I request an advance: Y}U WILLADVANCE?EXACTLY THE AMOUNT 1 REQUEST. C. O Maximum Ame urt of Advances. I may not request ndvenoes totaling mom then = per D. ? Maxime n Number of Advances. I may not regvext more than advances per B. Rate Changes, The annual percentage rate may Mansura If the Index rate Increases. An Index rate increase will result in a higher finance charge and It may have the effect of Increasing my periodic Minimum Payment. A decrease in the Index rate will have the opposite affect as ? effete 6R1 fRS?'Pllamnafilffs'`$I°`Iease '?r UEXfh7 al percentage rate can ijp(+pprr???,qq????}}..cress t01 after remaining fixed for 1 AOLInJ [LLD. If the Index rate changes mom frequently then the annual percentage rote, you will use the index rate in affect on the day you adjust the annual percentage rote to determine the new annual percentage rate. In such a case, you will ignore any changes in the Index rate that occur between onnual percentage rate adjustments. C. ? Cerryever. Any annual percentage rate Increases or decreases not implemented by you either because cif periodic, annual or lifetime rata ceps, or because of a statutory limitation, may be serried over to subsequent rate adjustmant periods end may be implemented to the externt not offset by opposite movement in the Index rate. If this occurs, the annual percentage rate will not relate to the Index rate in the manna described. When you have adjusted the annual percentage rate to take advantage of all Increases or decreases in the Index rate, the initial relationship between the Index rate and the annual percentage rate will resume. D. Rats Change Limitatbns. Annual percentage rata changes are ¦ubjectto the following limitations. Initial discount or premium rates are net taken into consideration In applying Interest rate limitations. 111 ? Periodic Units. The ANNUAL. PERCENTAGE RATE cannot increase by more than percentage points 10 or decrease by more then percentage points) 121 It Lifetime Floor. The §MbVL PERCENTAGE RATE will never be lower.than: Home Equity Variable Draw Repay Agreement ORM HE-V-DR 2120/2 02000 Bankers Systems, Inc., ST. CLOUD, MN _ _- (page t) EXHIBIT C 18? Lifetime Cap. The A?1r{ %PERCENTAGE RATE will never be higher than: l-t u?! 11. FEES AND CHARGES. I agree to pay, or have paid, the teas and charges listed in the FEES APPENDIX that eppows at the and of this Agreement. 17. Q NEGATIVE AMORTIZATION. Under some circumstances, my payments will not cover the finance charges that accrue and negative ama. dw an will occur. Negative amortization will increase the amount that I owe you and reduce my equity in my home. In the event that negative amortization occurs, the unpaid portion will be: 12. PAYMENT DATE. During the term of this Agreement, a Minimum Payment MR be due on or before the Payment Delta Indicated on my periodic statement for any Billing Cycle In which there is an outst?dipg?hs?Anee on my account. My Minimum Payments will be due: UUIIYY?I ?tf{?L?Y 13. MINIMUM PAYMENT. On or before each Payment Dace, I agree to make a payment of at )seat the Minimum Payment amount. During the Draw Period, the Minimum Payment will equal the following: THE AMOUNT OF ACCRUED FINANCE CHARGES ON THE LAST DAY OF THE BILLING CYCLE. During the Repayment Period, the Minimum Payment will equal the following: P J Awaapo. The Minimum Payment will be rounded 19-M S. ? Peymeat of Balance. If my Loon'Account Balance at the and of a Billing Cycle In Ise then t my Minimum Payment will equal the entire outstanding Loan Account Balms. C. Psymsnt of Maturity. On the Maturity Date I must pay the entire outstanding Loan Account Balance. 14. PRINCIPAL REDUCTION. A. O Draw Period. During the Draw Period, the Minimum Payment ? will not reduce ? may not fully repay the principal balance outstanding on my Loan Account Balance. 0. O Repeymwrt Period. During the Repayment Period, the Minimum Payment O wig not reduce O may not fully repay the principal balance outstanding an my Loan Accent Balance. 15. 0 FINAL PAYMENT. At maturity, 1 ? may hew to ? will repay the antis outstanding Loan Account Balance In a single payment. At that time you may, but era not obligated to, refinance this Una of Credit. If you do refinance this Una of Crack at maturity, I understand that I may have to pay some or all of the closing costs normally associated with a new loan. 16. ADDITIONAL PAYMENT TERMS. If my Loan Account Balance on a Payment Date is Ina then the Minimum Payment amount, I muat pay only the amount necessary to reduce my Loan Account Balance to zero or to any required Minimum Balance. if i otherwise fell to fully pay the Minimum Payment amount, you may, but are not required t0, advance money to me to make the payment. An the terns of this Agreement will apply to such an advance, Subject to any required Minimum Balance, I con pay off all or port of what I owe at any time. I must continue to make my periodic Minimum Payment so long as I owe any amount. Unless ot+arwha agreed or required by applicable law, payments and other credits will be applied first to any ehwges I owe otherthan principal and finance charges, then to any finance ehergesthat we due, and finally to principal. No late change will be eesnsed on any payment when the only delinquency is due to late fees mooned on earlier payments and tha payment is otherwise a full payment. 18. SECURITY. You have secured my obligations under this Una of Credit by taking a At.lpterest Iby way of a soperata security instrument dated ' UUU`` In the foil swin Prap..rt?yy THE DWELLING AND REAL PROPERTY OCATED AT;7 STONE SPRING LANE, CAMP HILL, PA, 17011 Property scouring any other loans that 1 have with you may also secure this Agreement. 19, PROPERTY INSURANCE. I will Irmure or retain Insurance coverage on tha Property and abide by the insurance requirements of any security instrument securing this Una of Credit. 1 may ebtain property tltsurence from anyone 1 want twf M reasonably acceptable fe You. It 1 Vol the Insurance from or lbrough you, I wig pay • for of coverage. 20. COMMISSIONS. 1 understand and agree that you for your affiliate) wn1 earn commisslons or fan an any insurance products, and may earn such foes on other services that I buy through you or your affiliate. 21. DEFAULT. I will be in default it env of the following occur. A. Payments. 1 1*0 to make a payment as required by this Agreemant, B. Property. My action or In¦oton adversely offsets the Property or your rights in the Property. C. lei Fraud. I engage in fraud or material misrepresentation in connection with this Una at Credit. 22. REMEDIES. After I default, and after you give any legally required notice and opportunity to cure, you miry at your option do any of the following: A. T¦rnin¦fien and Acceleration. You may terminate this Una of Credit and make all or any part of the amount owing by the terms of this Agreement Immediately due. 8. Advances. You may temporarily or permanently prohibit any additional advances. C. CraM Unit. You may temporarily or permanently reduce the Credit Limit, D. Additional Security. YOU may demand additional security or additional parties to be obligated to pay this Agreement, E. Insurance Bengt. You may make a claim for any and all insurance benefits or refunds that may be available on my defoult, F. Payments Made On My Behalf. You may make amounts advanced on my behalf Immediately due, and you may add these amounts to the Loan Account Balance. 0. 30taee6. You may use any and all remedies you have under applicable low or any agreement securing this Agreement. Except as otherwise required by law, by choosing a remedy you do not give up your right to use another remedy. You do not wane a default H you choose not to use • remedy, By electing net to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continuo or occurs again. 23. COLLECTION EXPEN8E8 AND ATTORNEYS' FEES. On or after default, to the extant permitted by low, I agree to pay the following: ALL EXPENSES OF COLLECTION, ENFORCEMENT OR PROTECTION OF YOUR RIGHTS AND REMEDIES UNDER THIS AGREEMENT. EXPENSES INCLUDE, BUT ARE NOT UNITED TO, ATTORNEYS' FEES, COURT COSTS AND OTHER LEW EXPENSES. THESE EXPENSES ARE DUE AND PAYABLE IMMEDIATELY. IF NOT PAID IMMEDIATELY, THESE EXPENSES WILL BEAR INTEREBT FROM THE DATE OF PAYMENT UNTIL PAID IN FULL AT THE HIGHEST INTEREST RATE IN EFFECT AS PROVIDED FOR IN THE TERMS OF THIS AGREEMENT. ALL FEES AND EXPENSES WILL BE SECURED BY THE PROPERTY I HAVE WANTED TO YOU, IF ANY. TO THE EXTENT PERMITTED BY THE UNITED STATES BANKRUPTCY =I, I AMEE TO PAY THE REASONABLE ATTORNEYS' FEES YOU INCUR TO COLLECT THIS DEBT AS AWARDED BY ANY COURT EXERCISING JURISDICTION UNDER THE BANKRUPTCY CODE. 24. SUSPENSION OF CREDIT AND REDUCTION OF CREDIT LIMIT. You may temporarily prohibit me from obtaining adds lonal advances or reduce my Crack Limit during any period in which any of the following are In effect. A. The value of the Property securing this Una of Crack declines significantly below its appraised value for purposes of this Lino of Credit: B. You reasonably believe that 1 will not be able to maet the repayment requirements under my Line of Creak due to a material change In my financial circumstanees; C. I em in default of a material obligation under this Una of Crack. I understand, that you consider as of my obligations to be material. Categories of obligations that you consider material Hama Equity variable ace Repay Agreement FOR E•V•DR VZOM004 02000 Bankers Systems, Inc., ST. CLOUD, MN Ipnge 2) , include, but are not gmitad to: my obligation to not commit fraud or misrepresentation In connection with this Line of Credit; my obligation to meet the repayment tam. of this Una of Credit; my obligation to not advorsely affect the Property or your rights In the Property: my obligation to pay fees and charges: my advance obligations; my obligation to fulfil the terms of the instrument securing this Agreement, and slur other security k.truments on the Property; my obligation to notify you; and my obligation to provide you with information; D. Government action prevents you from imposing the annual percentage rate provided for In thin Agreement; E. The priority of your sawrity Interest Is adversely affected by government action to the extent that the value of the security interest Is leas than 120 percent of my Crock Unlit; F. The maximum annual percentage rote allowed under this Agreement is reached; 0. You are notified by a regulatory agency that continued advances constitute an unsafe and unsound practice; or H. Any Borrower requests a suspension of credit privileges. In order to relrntste my credit privileges under the original tams of this Agreement, I must send you a written request to that affect My credit privileges will only be relmnstod if you determine that" condition which caused you to prohibit additional extensions and/or reduce the Credit Limit no longer exists. If appraisal or credit report few are Incurred In making this determination, you may Of allowed by applicable low) rdrarge me such fees. If credit privileges wee suspended at my request, they need not be reinstated unims all borrowers request reinstatement. 25. SET-OFF. You may Set-off any amount due and payable under the terms of this Agreement against my right to receive money from you, unless prohibited try oppg o law. For example, your right of set-off will not apply If I may obtain credit under this Agreement by using a credit card. 26. AMENDMENTS. Generally, the terms of this Agreement cannot be changed. You may, however, make the following changes: A. You may make changes that I agree to in writing at the time of the change. B. You may make changes that will unequivocally benefit me. C. You may make Insignificant changes. D. You may change the Index and margin if the original Index becomes unavailable. Arty now Index will have an hMorical movement substantially similar to the original Index, and together with the new margin, produce an annual percentage rate Substantially similar to the rata in effect et the time the original Index become unavailable, E. You may make Changes that are described elsewhere in this Agreement 27. TERMINATION. I may terminate this Una of Credit at any time upon written notice to you. Termination by ono Borrower terminates the Una of Credit for all Bonowers.'Tormination will not affect my obligation to repay advances made prior to the termination, net will It after my duties to perform under the terms of an Instrument securing this Agreement until such instrument In released. Upon termination I will return to you any remaining Samoa devices In my possession that were issued or used in connection with the Line of Crack. 26. WAIVERS AND CONSENT. To the extent not prohibited by law and except for any required notice of right to ours for the falfurn to make a required payment, I waive protest, presentment for payment, demand, notice of ecceleradon, notice of intent to accelerate and notice of dishonor. To the extant not prohibited by law, I and any other party to this Una of Credit, also consent to the following actions the% you may take, and waive defenses that may be available based on thane actions, or based an the Status of a party to this Una of Credit. A. You may renew or extend payments on this Agreement, regardless of the number of such renewals or extension.. 8. You may reaeso any Borrower or other person who maybe liable for the Indebtedness under this Agreement. C. You.may release, substitute or impair arty Property sawring this Agreement. D. You may invoke your right of set-off. No delay or forbearance on your pert in exareising any of your rights or remedies will be construed as a weNer by you, unless Such waiver is can writing and is signed by you. 26. TAX DEDUCTIBB.ITY. I should consult a tax advisor regarding the dedtictibility of interest and charges under this Una of Credit. 30. PERIODIC STATEMENTS. If I have an outstanding balance on my account or have any account activity, you will Send m¦ a periodic statement at the and of am* Billing Cycle. This periodic statement will reflect, among other things, credit advances, finance ehwgos, other charges, payments made, other credits, my previous account balance end my new account-balance. The periodic statement will also identify my Minimum Payment for the cycle and the date it is due (Payment Date). 31. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. My obligation to pay this Line of Credit Is independent of the obligation of any other person who has also agreed to pay It. You may sue me alone, or anyone else who Is obligated an this Una of Credit, or any number of us together, to collets on this Una of Credit. Extending this Una of Credit or new obligations under this Una of Cradle, vdll not effect my duty under this Line of Credit and I will Still be obligated to pay this Una of Credit. The duties and benefits of this Una of Crack will bind end benefit the successors and assigns of you and me. 32. INTEGRATION AND SEVERABLRY. This Agreement is the complete and final expression of the egresnumt. If any provision of this Agreement is unenforceable, than the unenforceable provision will be s¦verod and the remaining provisions will still be enforceable. 33. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings we for convenience only and ere not to be used to Interpret or define the terms of this Agreement. 34. NOTICE. FINANCIAL REPORTS, AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice wig be given by delivering It or mailing It by first claw mall to the appropriate party's address above, or to any other address designated in writing. Notice to one Borrower will be deemed to be notice to all Borrowers. I will inform you in writing of any change in my name, address or other application information. I will proWda you any financial statement or Information you request. All financial statements and Information I give you will be oorreet and complete. I agree to sign, d*lver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my Obligations under this Una of Credit and to confirm your lien atatus on any Property, Time Is of the essence. 35. CREW MPORMATION. I spree to supply you with whatever Information you reasonOlY furl you need to decide whether to continue this Una of Credit. You will make requests for this Information without undue frequency, and wlil give me reasonable time in which to supply the information. 26. APPUCASLE LAW. This Agrasment is governed by: THE LAWS OF PENNSYLVANIA, THE UNITED STATES OF AMERICA AND, TO THE EXTENT REQUIRED, BY THE LAWS OF THE JURISDICTION WHERE THE PROPERTY IS LOCATED. 37. OTHER TERMS. If chocked, the following addenda are attached to and made a part of this Agreement: A. ? Automatic Whhdrswd 0. ? Conversion Option C. ? Crack Insurance D. ? I10*1 Rote E. ? Preferred Rate F. ? 36. ADDITIONAL TERMS. NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE I AGREE TO PAY ALL COSTS OF TERMINATING MID PENN BANICS SECURITY INTEREST. E. You may enter Into any, sales or repurchases of this Agreement to any person In any amounts and I waive notice of such sales at repurchase. F. I agree that any Borrower Is authorked to modify the terms of this Agreement or any other Line of Credit document G. You may inform any party who guarantew this Una of Credit of any loan accommodations, renewals, extensions, modifications, substitutions, or future advances. Home Equity Variable ass Repay Agreement FORM HE-V-DR ^-- 02000 Bankers Systems, inc.. ST. CLOUD, MN (page 3) s r? PAGE 05125 1IONATURES. I understand that terms following a O only apply if chocked. By signing, I agree to the terms of this Agreement and acknowledge receipt of a copy of this Agreement, BORROWER: RISON F. BINK KA HLEEN T. RINK tFnl 1CIMB A ER9 ER MY SELLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about my rights and your responsibilities under the Fair Credit 9iak,g Act, Notify You In Cass of Errors of Questions About My Bill If I think my bill is wrong, or If i used mare information about a transaction an my bill, I will write you st the address listed on my bill. I will write to you as soon es possible, You must hear from me no Ister then 60 days after you sent me the first bill an which the error or problem appeared, 1 can telephone you, but doing so will not preserve my rights. In my letter, I wig give you the following information: le) My name and account number, (b) The dollar amount of the suspected error, (c) Describe the error and explain, if I ash, why 1 believe there In an error. If I need more information, I will describe the item i em not sure about. If 1 have suthorizsd you m pay my bill automatically from my savings, checking, share draft or other account, 1 am stop the payment on any amount 1 think in wrong. To stop the payment my latter must reach you three business days before the automatic payment is scheduled to occur. My Rights and Your Rawnsibil)tlss After You Receive My Written Notice You must acknowledge my letter within 30 days, unless you have corrected the error by then. Within 90 days, you must either correct the error or explain why you begave the big was correct. After you receive my letter, you cannot try to collect any amount I question, or report me as delinquent You can continue to bill me for the amount I question, Including finance charges, and you can apply any unpaid amount against my Credit Limit, I do not have to pay any questioned amount while you are investigating, but i am 3100 obligated to pay the parts of my bill that are not in question. If you find that you made a mistake on my bill. I will not have to pay any finance charges related to env questioned amount. if you didn't make e mistake, I may have to pay finance charges, and I will have to make up any missed payments on the questioned amount In either case, you will send me a statement of the amount I owe and the date that it is due. If I fail to pay the amount that you fhihk I owe, you may report me es delinquent. However, it your explanation does not satisfy me and I write to you within ten days telling you that I st01 refuse to pay, you must tell anyone you report me to that I have a question about my bill. And, you must tell me the name of anyone you reported me to. You must tell anyone you report me to that the matter has been settled between us when it finally is. It you don't follow these rules, you can't collect tho first ISO of the questioned amount, even If my bill was correct. Special Rule for Cradle Card Purchases 111 have a problem with the quality of property or services that I purchased with a credit card, and I have tried in good frith to correct the problem with the merchant, I may haw the right not to pus the remaining amount due on the property or services. There are two limitations on this right: (a) I must haw made the purchase in my home state or, it net within my horns state within 100 miles of my current mailing address; and lb) The purchase pries must have been more than 050. These limitations do not apply it you own or aerate the merchant, or If you mailed me the advertisement for the property or services, FEES APPENDIX OTHER CHARGES LATE CHARGE: 10.000% OF THE LATE AMOUNT WITH A MIN OF420.00 IF MORE THAN 15 DAYS LATE. RETURNED CHECK CHARGE: I AGREE TO PAY A FEE NOT TO EXCEED !20.01) FOR EACH CHECK. NEGOTIABLE ORDER OF WITHDRAWAL OR DRAFT I ISSUE IN CONNECTION WITH THIS LINE OF CREDIT THAT IS RETURNED BECAUSE IT HAS BEEN DISHONORED. STOP PAYMENT CHARGE: #25.00 ANNUAL MAINTENANCE FEE: 26.00 OVERDRAFT TRANSFER FEE 5.00 MANUAL TRANSACTION FEE: 5.00 OFFICIAL: 46.60 TITLE SEARCH: 45.00 FLOOD SEARCH: 11.00 HAZARD INSURANCE: 400.00 ANNUALiPOC REAL ESTATE TAXES: 2714.61 ANNUALIPOC F-BitlSiM Home Equity Variable Draw Repay groement FORM H /2012 32000 Bankers Systems, Inc., ST. CLOUD, MN ? ? _ _ _ (pope 4) 98429/2908 09:17 717-939-2629 MID PENN BANK PAGE 13/29 r COMBINED ACT 91/ACT 6 NOTICE DATE: June 19, 2008 HOMEOWNER'S NAME (S): Harrison F Bink Kathleen T Bink Property Address (es): 17 Stone Spring Lane Camp Hill, PA 17011 CREDITOR: Mid Penn Bank, 349 Union St. Millersburg, PA 17061 LOAN ACCT. Number: 100005396 YOUR MORTGAGE IS-IN DEFAULT FOR THE REASONS SET FORTH IN THIS NO'T'ICE YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR HOME IF YOU WANT TO SAYE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTIONNOW BYEITHER::. . 1. ' CUAM6 THEDEF'AULT'-This notice explains the nature of the defaulf.atid-your ' riglit to protect your interest`in your home (See Section 403 of the Act of January 30, 1974 (P. L. 13, No. -6),41 P. S. Section 403); OR 2. ,APPLY.UVG TTO TIDE HOMEOIWNBR'S EMERGENCYMORT AGiE ASSISTANCE PROGRAMFOR FEVANCL4L ASSISTANCE WHICHCANSAW YOUR HOME FROM FORECLOSURE AND !YELP YOUMA,B•E' PVTUBE MORTGAGE PAYMENTS--Read this notice to find out how the program works. You must Wrest with a Consumer Credit CounselingAgtncy within 30 days of the date of this notice im order to apply. See Act of Deccnnber 23, 1983 (P. L. 385, No. 91),35 P. S. Section 1680.2ole -1680.409c. If you need more information, call the Pennsylvania Housing Finance Agency at 1-(800)- 342-2397. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUA.R VTVI 0 EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INN.EDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. "-PUEDES SERAEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDME R SU E11POTECA. EXHIBIT 08;29/2008 99:47 717-939-2629 MID PENN BANK PAGE 14/26 r EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOUMAYBE ELIGIBLE FOR FINANC,fAL ASSISTANCE WHICH CANSAYE YOUR HOME FR OM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSIS'T'ANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. PLEASE READ ALL OF THIS NOTICE. IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for dirty-days (30 days) from the date of this Notice. During that time you must arrange and atbexad a "fact-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. TIUS MEETAVG MUST OCCVX WITHIN TON NEXT (30) DAYS. HOW TO CONTACT THE CREDI'T'OR: Name of Creditor: Mid Pecan Bank Address: 349 Union Street Miliersbarg, PA 17061 Phone Number: 717-939-1966 ' Contact Person: Scott D. Washinger CONSUMER CREDIT" COUNSELING AGENCY-If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty-days (30 days) after the date of this meeting. The names and addresses of designated consumer credit counseling agencies for the county in which the property is located are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. Advise your creditor immediately of your intentions. APPLICATIONS FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth in this Notice. If you have tried and are unable to resolve this problem with the creditor, you have the right to apply for financial assistance flom the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sip and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed on the attachment. Only consumer credit counseling agencies have applications for the program and they will 2 08429/2008 99:x•7 717-939-2629 MID PENN BANK PAGE 15/20 assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-days (30 days) of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSIS'T'ANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance ate very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty-days (60 days) to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LCOATED AT 2101 NORTH FRONT STREET, POST OFFICE BOIL 80299 HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800 342 2397 (TOLL FREE NUMBER). PERSONS WITH EWPAIRED HEARING CAN CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT--The MORTGAGE debt held by the above creditor on your property located at 17 Stone Spring Lane Camp Hill, PA 17011 is seriously in default because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Payments of Principal and Interest: $1.174.41 Escrow charges: - - $ . Late charges: $499.27 Attorney Fees/cogs: Other charges (explain): $5L LO Two years of annual maintenance fees not paid. XQ,TA AMOUNT PAST DUE: $1,723.68 3 08/29/2008 69:47 717-939-2629 MID PENN BANK PAGE 16/20 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the creditor plus any additional monthly payments and late charges which may fall due after the date of this notice and date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Mid j!00tL Bank 5-49 Union Street 1VliliersbuM PA, 06i IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the creditor intends to exercise Its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the creditor also intends to instruct its attorneys to start a lawsuit to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the creditor refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the creditor even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the creditor, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYperi64 you will not be required to pay attorney's fees. OTHER CREDITOR REMEDIES--The creditor may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sherift s Sale. You may do so by paying the total ari ount plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale and by performing any other requirements under the mortgage. EARLIEST POSSIBLE SHERDTIS SALE DATE--It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately three months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly w1w the required payment or action will be by contacting the creditor. If money is due, 4 `0812912208 09:47 717-939-2629 MID PENN BANK PAGE 17/20 AV S=h payment must be in cash, cashier's check, certified check or money order made payable to the creditor at the address set forth above. EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sate will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the SherifFs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the creditor at any time. OTHER RIGHTS THAT YOU HAVE--You have additional rights to help protect your interest in the property: YOU ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INS'T'ITUTION TO PAY OFF THIS DEBT. * TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENT'S OF THE MORTGAGE ARE SATISFIED, CONTACT THE CREDITOR TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE CREDITOR. 09,418/2008 15:39 717-939-2629 MID PENN BANK yla i _ K O . . 1. N V -4 n M = -m ~ m O _ K' a m Z a o _ - 10 A ? _ J O .14 O 11 EXHIBIT --E- 0:V ? O CD D g• W O C tS' 4Z- PAGE 03/08 to it W ;p -b A 4 O s 'I 1 I 1 G -1+ O N C3 C3 C m _ Ili" CP w an bra O M a y • ? ?.ia ? mm 7007 2680 0001 0876 8181 X9618/2008 15:39 717-939-2629 'I . EXHIBIT MID PENN BANK PAGE 04/08 i -?? C ? 1. I • O s. W V O A F+ 1+ O C3 ? 2 ? cr 3 ox = 3 G = j -rt G 13 to b -IN -•' .. c m ' ..a cb Ea Q z - • • X. ? ? • = r ?1 V . .? Ot r .p µ . i. OG am ; x 14 .O Q p i .. p O .• f: a Anz -`' cao m .7 FA. a ! -ism ' as ?• 7 107 2680 0001 087h 8198 114 00 . inn C12) R) 111 - 0 d LO ?p F t? -+C SHERIFF'S RETURN - REGULAR CASE NO: 2008-06132 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MID PENN BANK VS BINK HARRISON F ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BINK HARRISON F the DEFENDANT at 0013:55 HOURS, on the 28th day of October , 2008 at 133 S 32ND STREET CAMP HILL, PA 17011 HARRISON BINK DEFENDANT by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Additional Comments DEFENDANT SERVED AT HIS BUSINESS ADDRESS. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.00 Affidavit .00 Surcharge 10.00 R. Thomas Klinee" .00 42.00 11/06/2008 JOHNSON DUFFIE STEWART WEID R Sworn and Subscibed to By: before me this day Deputy 'Sheriff of A.D. SHERIFF'S RETURN - REGULAR f CASE NO: 2008-06132 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MID PENN BANK VS BINK HARRISON F ET AL WILLIAM CLINE Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BINK KATHLEEN T was served upon the DEFENDANT , at 0020:01 HOURS, on the 31st day of October , 2008 at 17 STONE SPRING LANE CAMP HILL, PA 17011 by handing to KATHLEEN BINK DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff or Deputy Sheriff of Sheriff's Costs: Docketing Service Affidavit Surcharge 11111 fO S 9- 6.00 15.00 .00 10.00 .00 31.00 So Answers: +rwsL R. Thomas Kline Sworn and Subscibed to before me this day 11/06/2008 JOHNSON DUFFIE STEWART WEIDNER By: Deputy Sheriff of A. D. Johnson, Duffle, Stewart & Weidner By: Elizabeth D. Snover, Esquire I . D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com MID PENN BANK, Plaintiff V. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6132 CIVIL TERM CIVIL ACTION - LAW HARRISON F. BINK and KATHLEEN T. RINK, husband and wife, Defendants ACTION IN MORTGAGE FORECLOSURE PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter judgment by default in favor of the Plaintiff, and against the Defendants, Harrison Bink and Kathleen Bink individually, in the amount of Sixty Five Thousand Four Hundred Thirty- Six Dollars and eight cents ($65,436.08), together with interest and the costs of this suit, by reason of the failure of the Defendants to enter an appearance or to file an Answer within 20 days of the date of service of the Complaint endorsed with a notice to defend. It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant, Kathleen Bink at her residence on November 20, 2008 and to Defendant Harrison Bink at his residence on November 17, 2008; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid notices, together with certificates of service, are attached hereto. JOHNSON, DUFFIE, STEWART & WEIDNER Dated: 6 Z' ?2 VO By:. E ' beth D. Snover CERTIFICATE OF SERVICE AND NOW, the 12th day of December, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the parties of record by causing same to be deposited in the United States Mail, certified mail return receipt requested, in Lemoyne, Pennsylvania, addressed as follows: Kathleen Bink 17 Stone Spring Lane Camp Hill, PA 17011 Harrison Bink 133 S. 32nd Street Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabet . Snover MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-6132 CIVIL TERM HARRISON F. BINK and KATHLEEN T. BINK, husband and wife, Defendants CIVIL ACTION - LAW ACTION IN MORTGAGE FORECLOSURE IMPORTANT 10 DAY NOTICE TO: Harrison Bink 133 S. 32"d Street Camp Hill, PA 17011 DATE OF NOTICE: November 17, 2008 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. Cumberland County Bar Association 32 Bedford Street Carlisle, PA (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER By . ZA It P EI' a eth D. Snover A ney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has following, by depositing the same in the United States Lemoyne, Pennsylvania, for first class mail and certified m 2008: Harrison Bink 133S.32 Id Street Camp Hill, PA 17011 been duly served upon the Mail, postage prepaid, in ail delivery on November 17, JOHNSON, DUFFIE, STEWART & WEIDNER By: ENzabetyp" . Snover Attorn for Plaintiff MID PENN BANK, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6132 CIVIL TERM CIVIL ACTION - LAW HARRISON F. BINK and KATHLEEN T. RINK, husband and wife, ACTION IN MORTGAGE FORECLOSURE Defendants IMPORTANT 10 DAY NOTICE TO: Kathleen Bink 17 Stone Spring Lane Camp Hill, PA 17011 DATE OF NOTICE: November 20, 2008 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. Cumberland County Bar Association 32 Bedford Street Carlisle, PA (717) 249-3166 JOHNSON, DUFFLE, STEWART & WEIDNER By Eliza 0h D. Snover Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a copy of the following, by depositing the same in the Lemoyne, Pennsylvania, for first class mail 2008: Kathleen Bink 17 Stone Spring Lane Camp Hill, PA 17011 foregoing has been duly served upon the United States Mail, postage prepaid, in and certified mail delivery on November 20, JOHNSON, DUFFIE, STEWART & WEIDNER /??j I ? / 7 By: Elizabeth Snover Attorney or Plaintiff MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. HARRISON F. BINK and KATHLEEN T. RINK, husband and wife, Defendants NO. 08-6132 CIVIL TERM CIVIL ACTION - LAW ACTION IN MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: I certify that the addresses of the Defendants are as follows: Kathleen Bink 17 Stone Spring Lane Camp Hill, PA 17011 Harrison Bink 133 S. 32nd Street Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabe D. Snover Attorn for Mid Penn Bank MID PENN BANK, Plaintiff V. HARRISON F. BINK and KATHLEEN T. BINK, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6132 CIVIL TERM CIVIL ACTION - LAW ACTION IN MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I, Elizabeth D. Snover, attorney for Plaintiff in the above-captioned action, being duly sworn according to law, swear that to the best of my knowledge and belief, Harrison Bink and Kathleen Bink , the Defendants in the above-captioned action, are not a members of the United States Military and/or Armed Services. JOHNSON, DUFFIE, STEWART & WEIDNER By: 2IW44 Elizab D. Snover Attorneys for Mid Penn Bank O R' '? V 00 6' r`) ' 1 I MID PENN BANK, Plaintiff V. HARRISON F. BINK and KATHLEEN T. BINK, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6132 CIVIL TERM CIVIL ACTION - LAW ACTION IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT- Pa.R.C.P. 236 To: Kathleen Bink 17 Stone Spring Lane Camp Hill, PA 17011 Harrison Bink 133S.32 "d Street Camp Hill, PA 17011 NOTICE IS HEREBY GIVEN THAT A JUDGMENT OF $65,436.08 PLUS INTEREST AND COSTS IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. P o otar, MID PENN BANK, Plaintiff V. HARRISON F. BINK and KATHLEEN T. BINK, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6132 CIVIL TERM CIVIL ACTION - LAW ACTION IN MORTGAGE FORECLOSURE JUDGMENT AND NOW, this day of 2008, judgment in the amount of $65,336.08, together with interest and the costs of this suit is entered in favor of the Plaintiff against the Defendants, Kathleen Bink and Harrison Bink. Pr otary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CORRECTED PRAECIPE FOR WRIT OF EXECUTION Caption: MID PENN BANK V. KATHLEEN T. BINK & HARRISON F. BINK, husband and wife [ ]Confessed Judgment [ X ]Other File No. ••9939,63 Amount Due $65,336.08 with interest 5.5% from 04/01/08 to 05/01/08. interest of 5.25% from 05/02/08 to 11/03/08 and 5% interest from 11/04/08 to 12/15/08 plus Judgment interest Atty's Comm. Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest ? Levpon and sell all that certain and costs, upon the following described property of the defendant (s) tract of real estate situate in Camp Hill Borou& Cumberland County Pennsylvania owned by the Defendants Kathleen T Bink & Harrison F Bink as more fully described in Exhibit "A" attached hereto and made a part hereof by reference. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personally list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). [ X ] (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date ©Z'2?~0 ! Signature: Print Name: Eli eth D. Snover Address: 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109 Attorney for: Mid Penn Bank Telephone: (717)737-4442 Supreme Court ID No: 200997 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying end being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point, which is the northern most corner of land now or formerly of Patel and running thence; North 61 degrees 15 minutes 00 seconds East 311.94 feet, crossing a private road known as Stone Spring Lane to a point on the westerly edge of the Conodoguinet Creek, then along the westerly edge of said creek South 19 degrees 39 minutes 29 seconds East 120.80 feet to a point which is the northernmost corner of lend now or formerly of Shoemaker (No. 16 Stone Spring Lane) then along the northerly line of said Shoemaker South 61 degrees 15 minutes 00 seconds West 292.30 feet to a point (which is the easterly corner of Patel) then along the easterly line of Patel, North 29 degrees 17 minutes 36 seconds West 119.28 feet to a point which is the place of BEGINNING. CONTAINING thereon a single family dwelling and a detached building/garage and being known as Number 17 Stone Spring Lane. Subject to all easements or rights-of-way for public or private utilities as indicated on a p1st entitled "Plan of Properties for Vacating Private right-of-way for Patel, Frederick, Shoemaker," prepared by Dale B. Stipe, registered surveyor, and recorded at Cumberland County Miscellaneous Book 592, Page 1146. BEING the same premises which Burris Ward and Janis K. Ward (formerly known as Janis K. Pretz), husband and wife, did convey to Harrison F. Bink and Kathleen T. Bink by Deed dated June 30, 2000 and recorded in the Cumberland County Court of Common Pleas at Deed Book TOGETHER with the right to the within Grantees, their heirs and assigns, to the use of the said Conodoguinet Creek road extending over other adjoining lands of which the within described tract was formerly a part and connecting with a private road now known as Orr's Bridge Road leading to the Carlisle Pike. TOGETHER with the right to the within Grantees, their heirs and assigns, to the use of the 40 feet wide private road between the property hereby conveyed and the property adjoining on the South of Benjamin F. Zimmerman and now or late of Frances S. Pigman and to the use of the 40 feet wide private roadway to the rear thereof now unopened and connecting roads as set forth in former deeds with the Carlisle Pike. EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: MID PENN BANK V. KATHLEEN T. BINK & HARRISON F. BINK, husband and wife TO THE PROTHONOTARY OF THE SAID COURT: [ ]Confessed Judgment [ X ]Other 03 _to 112A File No. Amount Due $65,336.08 with interest 5.5% from 04/01/08 to 05/01/08, interest of 5.25% from 05/02/08 to 11/03/08 and 5% interest from 11/04/08 to 12/15/08 plus judgment interest Atty's Comm. Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Levy upon and sell all that certain tract of real estate situate in Upper Allen Township Cumberland Coun Pennsylvania owned by the Defendant, Michael P. Schell, as more fully described in Exhibit "A" attached hereto and made a part hereof by reference. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personally list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). [ X ] (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 92-20-0 9 Signature: Print Name: Eli eth D. Snover Address: 301 Mar et Street, P.O. Box 109, Lemoyne, PA 17043-0109 Attorney for: Mid Penn Bank Telephone: (717)737-4442 Supreme Court ID No: 200997 m ? (?y1 C? oQ T gab -W 1 ..Q I . ALL THAT CERTAIN tract or parcel of land and premises, situate, lying end being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point, which is the northern most corner of land now or formerly of Patel and running thence; North 61 degrees 15 minutes 00 seconds East 311.94 feet, crossing a private road known as Stone Spring Lane to a point on the westerly edge of the Conodoguinet Creek, then along the westerly edge of said creek South 19 degrees 39 minutes 29 seconds East 120.80 feet to a point which is the northernmost corner of lend now or formerly of Shoemaker (No. 16 Stone Spring Lane) then along the northerly line of said Shoemaker South 61 degrees 15 minutes 00 seconds West 292.30 feet to a point (which is the easterly corner of Patel) then along the easterly line of Patel, North 29 degrees 17 minutes 36 seconds West 119.28 feet to a point which is the place of BEGINNING. CONTAINING thereon a single family dwelling and a detached building/garage and being known as Number 17 Stone Spring Lane. Subject to all easements or rights-of-way for public or private utilities as indicated on a p1 st entitled "Plan of Properties for Vacating Private right-of-way for Patel, Frederick, Shoemaker," prepared by Dale B. Stipe, registered surveyor, and recorded at Cumberland County Miscellaneous Book 592, Page 1146. BEING the same premises which Burris Ward and Janis K. Ward (formerly known as Janis K. Pretz), husband and wife, did convey to Harrison F. Bink and Kathleen T. Bink by Deed dated June 30, 2000 and recorded in the Cumberland County Court of Common Pleas at Deed Book TOGETHER with the right to the within Grantees, their heirs and assigns, to the use of the said Conodoguinet Creek road extending over other adjoining lands of which the within described tract was formerly a part and connecting with a private road now known as Orr's Bridge Road leading to the Carlisle Pike. TOGETHER with the right to the within Grantees, their heirs and assigns, to the use of the 40 feet wide private road between the property hereby conveyed and the property adjoining on the South of Benjamin F. Zimmerman and now or late of Frances S. Pigman and to the use of the 40 feet wide private roadway to the rear thereof now unopened and connecting roads as set forth in former deeds with the Carlisle Pike. EXHIBIT A Li Johnson, Duffle, Stewart & Weidner By: Elizabeth D. Snover, Esquire I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com MID PENN BANK, Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6132 CIVIL TERM V. HARRISON F. BINK and KATHLEEN T. BINK, husband and wife, Defendants CIVIL ACTION - LAW ACTION IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Mid Penn Bank, by its attorneys, Johnson, Duffie, Stewart & Weidner, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located in Camp Hill Borough, Cumberland County, Pennsylvania. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address: Harrison F. Bink and Kathleen 17 Stone Spring Lane T. Bink Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Name: Address: Harrison F. Bink and Kathleen 17 Stone Spring Lane T. Bink Camp Hill, PA 17011 • M 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: Waypoint Bank 449 Eisenhower Blvd Harrisburg, PA 17111 Mid Penn Bank 349 Union Street Millersburg, PA 17061 Cumberland County Tax Claim 1 Courthouse Sq. Bureau Old Courthouse Carlisle, PA 17013 Belco Community Credit Union 449 Eisenhower Blvd P.O. Box 82 Harrisburg, PA 17108 4. Name and address of the last recorded holder of every mortgage of record: Name: Address: Waypoint Bank 449 Eisenhower Blvd Harrisburg, PA 17111 Mid Penn Bank 349 Union Street Millersburg, PA 17061 5. Name and address of every other person who has any record lien on the property: Name: Address: Waypoint Bank Mid Penn Bank Cumberland County Tax Claim Bureau Belco Community Credit Union 449 Eisenhower Blvd Harrisburg, PA 17111 349 Union Street Millersburg, PA 17061 1 Courthouse Sq. Old Courthouse Carlisle, PA 17013 449 Eisenhower Blvd P.O. Box 82 Harrisburg, PA 17108 6. Name and address of every other person of whom the Plaintiff has knowledge who has any record interest in the property and whose interest may be affected by the sale: • Name: n/a Address: 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: n/a 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. §4904 relating to unsworn falsification to authorities. DATE: fdag, (9-0 ,2009 :336344 JOHNSON, DUFFIE, STEWART & WEIDNER BY: Elizabeth # Snover Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 200997 Attorneys for Plaintiff ?'? ?' C. v .?„? ? ?? ? _ ? 7 „r,, _ _ "1? l _ . ? a ;? {? -? r Johnson, Duffle, Stewart & Weidner By: Elizabeth D. Snover, Esquire I.D. No. 200997 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com MID PENN BANK, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6132 CIVIL TERM CIVIL ACTION - LAW HARRISON F. BINK and KATHLEEN T. BINK, husband and wife, ACTION IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: Harrison F. Bink and Kathleen T. Bink 17 Stone Spring Lane Camp Hill, PA 17011 Your real estate situate in Camp Hill Borough, Cumberland County, Pennsylvania, known as 17 Stone Spring Lane, Camp Hill, Pennsylvania, as described in Exhibit "A" attached hereto is scheduled to be sold at Sheriffs Sale on June 10, 2009, at. 10:00 a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $65,436.08 together with interest and the costs of this suit obtained by Mid Penn Bank against you. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference. THE LOCATION of your property to be sold is: 17 Stone Spring Lane, Camp Hill, Cumberland County, Pennsylvania. THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-6132 in the Court of Common Pleas of Cumberland County Pennsylvania The name and address of the owner or reputed owner of this property is: Kathleen T Bink and Harrison F. Bink, husband and wife 17 Stone Spring Lane Camp Hill Cumberland County Pennsylvania. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390. 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 canceled if you pay to the Sheriff of Cumberland County, the amount of the judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland County at (717) 240-6390. 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. f 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. 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 the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the 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 the Sheriff of Cumberland County at (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 may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale date. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the date of the filing of the schedule of distribution. 6. You may also have other rights and defenses, or ways of getting your property 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 O FFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9106 (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizab D. Snover Dated: February 27, 2009 Attorn s for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6132 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID PENN BANK, Plaintiff (s) From KATHLEEN T. BINK & HARRISON F. BINK (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 $65,336.08 L.L. $.50 Interest 5.5% from 4/01/08 to 5/01/08 - 5.25% from 5/02/08 to 11/03/08 and 5% from 11/04/08 to 12/15/08 plus judgment interest Atty's Comm % Due Prothy $2.00 Atty Paid $192.00 Other Costs Plaintiff Paid Date: 2/23/09 Curtis R. , Prothonota (Seal) By: Deputy REQUESTING PARTY: Name: ELIZABETH D. SNOVER, ESQUIRE Address: JOHNSON DUFFIE STEWART & WIEDNER 301 MARKET STREET PO BOX 109 LEMOYNE, PA 17043-0109 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 200997 03/02/2009 14:26 FAX 717 761 3015 JAS&W 2OOS/007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CORRECTED PRAECIPE FOR WRIT OF EXECUTION Caption: MID PENN BANK V. KATHLEEN T, BINK & HARRISON F. BINK, husband and wife [ ]Confessed Judgment [ X ]Other File No. _ 0-2837 Amount Due 565.336.08 with interest .5% from 04/01/08 to 05/01/08, interest of 5.25% from 05102)08 to 11/03108 and 5% interest from 11/04/08 to 12/15/0 plus iud ent interest Atty's Comm. Costs TO TIM PROTHONOTARY OF THE SAID COURT. The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Lew upon and sell all the ertain tract of real estate situate in Qmp Hill Borough, Cumberland County Penn lvania owned by the Qe ndants Kathleen T Bink & Harrison F. Bink as more full described in Exhibit "A" attached hereto and made a uart hereof by referencePRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personally list) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). [ X ] (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date o -7- 7~ Q / riat re: ?? Sig u Print Name' Eli eth I). Snover Address; 301 Market Street. P.O. Box 109, Lemoyne_ PA 17043-0109 Attorney for: Mid Penn Bank Telephone: _ f717?737-4442 Supreme Court ID No: 200997 In the Court of Common Pleas of CumberlandCounty, Pennsylvania Writ No. 2008-6132 Civil Term Mid Penn Bank Vs Harrison F. Bink and Kathleen T. Bink RLEr??1 _„-E CF IFz ZnjIj OCT 12 A' I I - ; 2 Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 9, 2009 at 1330 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: Harrison F. Bink and Kathleen T. Bink, by making known unto, Harrison F. Bink, personally, at, 111 N. 17th Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 9, 2009 at 1035 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: Kathleen T. Bink, by making known unto, Kathleen T. Bink, personally, at, 17 Stone Spring Lane, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1214 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 Harrison F. Bink and Kathleen T. Bink, located at, 17 Stone Spring Lane, Camp Hill, 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: Harrison F. Bink and Kathleen T. Bink, by regular mail to their last known address 17 Stone Spring Lane, Camp Hill, PA 17011. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 21.45 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 26.10 Levy 15.00 Surcharge 30.00 Law Journal 491.00 Patriot News 392.63 Share of Bills 15.43 Post Pone Sale 40.00 1,094.11 So Ans er R. Thomas Kline, Sheriff By7 Real Nf7aie Coordinator 7,Z lf-15" „ Johnson, Duffle, Stewart & Weidner By: Elizabeth D. Snover, Esquire I.D. No. 200997 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com MID PENN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6132 CIVIL TERM V. CIVIL ACTION - LAW HARRISON F. BINK and KATHLEEN T. BINK, husband and wife, Defendants ACTION IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Mid Penn Bank, by its attorneys, Johnson, Duffle, Stewart & Weidner, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located in Camp Hill Borough, Cumberland County, Pennsylvania. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address: Harrison F. Bink and Kathleen 17 Stone Spring Lane T. Bink Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Name: Address: Harrison F. Bink and Kathleen 17 Stone Spring Lane T. Bink Camp Hill, PA 17011 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: Waypoint Bank 449 Eisenhower Blvd Harrisburg, PA 17111 Mid Penn Bank Cumberland County Tax Claim Bureau Belco Community Credit Union 349 Union Street Millersburg, PA 17061 1 Courthouse Sq. Old Courthouse Carlisle, PA 17013 449 Eisenhower Blvd P.O. Box 82 Harrisburg, PA 17108 4. Name and address of the last recorded holder of every mortgage of record: Name: Address: Waypoint Bank 449 Eisenhower Blvd Harrisburg, PA 17111 Mid Penn Bank 349 Union Street Millersburg, PA 17061 5. Name and address of every other person who has any record lien on the property: Name: Address: Waypoint Bank Mid Penn Bank Cumberland County Tax Claim Bureau Belco Community Credit Union 449 Eisenhower Blvd Harrisburg, PA 17111 349 Union Street Millersburg, PA 17061 1 Courthouse Sq. Old Courthouse Carlisle, PA 17013 449 Eisenhower Blvd P.O. Box 82 Harrisburg, PA 17108 6. Name and address of every other person of whom the Plaintiff has knowledge who has any record interest in the property and whose interest may be affected by the sale: Name: n/a Address: 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: n/a 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. §4904 relating to unsworn falsification to authorities. DATE: p2 , 2009 :336344 JOHNSON, DUFFIE, STEWART & WEIDNER BY: Elizabeth (U. Snover Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 200997 Attorneys for Plaintiff 03/02/2003 '4:28 FAX; 717,761 3015 JD SUY 1a002/007 r Johnson, Duffie, Stewart & Weidner By: Elizabeth D. Snover, Esquire I.D. No. 200997 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com MID PENN BANK, Plaintiff V. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6132 CIVIL TERM CIVIL ACTION - LAW HARRISON F. BINK and ; KATHLEEN T. BINK, husband and wife, ACTION IN MORTGAGE FORECLOSURE Defendants NONCE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CML PROCEDURE 3129.2 TO, Harrison F. Bink and Kathleen T, Bink 17 Stone Spring Lane Camp Hill, PA 17011 Your real estate situate in Camp Hill Borough, Cumberland County, Pennsylvania, known as 17 Stone Spring Lane, Camp Hill, Pennsylvania, as described in Exhibit "A" attached hereto is scheduled to be sold at Sheriffs Sale on June 10, 2009, at. 10:00 a.m_ in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $65,436.06 together with interest and the costs of this suit obtained by Mid Penn Bank against you. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference. 03/02/2009 14:28 FAY, 717,761 3015 JDSMY 12003/007 THE LOCATION of your property to be sold is: 17 Stone Spring Lane Camp Hill Cumberland County, Pennsylvania. THE JUDGMENT under or pursuant to which your properly is being sold is docketed to, No. 2008-6132 in the Court of Common Pleas of Cumberland County, Pennsylvania. The name and address of the owner or reputed owner of this property is: Kathleen T Sink and Harrison F. Bink, husband and wife 17 Stone Spring Lane Camp Hill Cumberland County Pennsylvania. A SCHEDULE -OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390. 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 canceled if you pay to the Sheriff of Cumberland County, the amount of the judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland County at (717) 240-6390. 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- 03/02/2009 14:28 FAX', 717.761 3015 Jos &W Z004/007 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. 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 the Sheriff of Cumberland County at (717) 240-6390. 2_ You may be able to petition the Court to set aside the sale if the 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 the Sheriff of Cumberland County at (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 may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale date. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the date of the filing of the schedule of distribution. 6. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. .03/02/2009 14:22 FA:; 717,761 3015 J6S&V4 1a003/007 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 O FFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9106 (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER By: ED. 4 kab over Dated: February 27, 2009 Attorn s for Plaintiff ALL THAT CERTAIN tract or parcel of land and premises, situate, lying end being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point, which is the northern most corner of land now or formerly of Patel and running thence; North 61 degrees 15 minutes 00 seconds East 311.94 feet, crossing a private road known as Stone Spring Lane to a point on the westerly edge of the Conodoguinet Creek, then along the westerly edge of said creek South 19 degrees 39 minutes 29 seconds East 120.80 feet to a point which is the northernmost corner of lend now or formerly of Shoemaker (No. 16 Stone Spring Lane) then along the northerly line of said Shoemaker South 61 degrees 15 minutes 00 seconds West 292.30 feet to a point (which is the easterly corner of Patel) then along the easterly line of Patel, North 29 degrees 17 minutes 36 seconds West 119.28 feet to a point which is the place of BEGINNING. CONTAINING thereon a single family dwelling and a detached building/garage and being known as Number 17 Stone Spring Lane. Subject to all easements or rights-of-way for public or private utilities as indicated on a p1st entitled "Plan of Properties for Vacating Private right-of-way for Patel, Frederick, Shoemaker," prepared by Dale B. Stipe, registered surveyor, and recorded at Cumberland County Miscellaneous Book 592, Page 1146. BEING the same premises which Burris Ward and Janis K. Ward (formerly known as Janis K. Pretz), husband and wife, did convey to Harrison F. Bink and Kathleen T. Bink by Deed dated June 30, 2000 and recorded in the Cumberland County Court of Common Pleas at Deed Book TOGETHER with the right to the within Grantees, their heirs and assigns, to the use of the said Conodoguinet Creek road extending over other adjoining lands of which the within described tract was formerly a part and connecting with a private road now known as Orr's Bridge Road leading to the Carlisle Pike. TOGETHER with the right to the within Grantees, their heirs and assigns, to the use of the 40 feet wide private road between the property hereby conveyed and the property adjoining on the South of Benjamin F. Zimmerman and now or late of Frances S. Pigman and to the use of the 40 feet wide private roadway to the rear thereof now unopened and connecting roads as set forth in former deeds with the Carlisle Pike. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA NO 08-6132 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID PENN BANK, Plaintiff (s) From KATHLEEN T. BINK & HARRISON F. BINK (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 $65,336.08 L.L. $.50 Interest 5.5% from 4/01/08 to 5/01/08 - 5.25% from 5/02/08 to 11/03/08 and 5% from 11/04/08 to 12/15/08 plus judgment interest Atty's Comm % Due Prothy $2.00 Arty Paid $192.00 Other Costs Plaintiff Paid Date: 2/23/09 urtis R. L r thonot ry (Seal) By: REQUESTING PARTY: Deputy Name: ELIZABETH D. SNOVER, ESQUIRE Address: JOHNSON DUFFIE STEWART & WIEDNER 301 MARKET STREET PO BOX 109 LEMOYNE, PA 17043-0109 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 200997 Real Estate Sale # 86 On March 4, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 17 Stone Spring Lane, Camp Hill, More fully described on Exhibit "A" filed with- this writ and by this reference incorporated herein. Date: March 4, 2009 By: n S z 93 b00? ?.._ t7 , al PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 1, May 8, and May 15, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie SWURN TO AND SUBSCRIBED before me this day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 P&AL =TAT& SALZ NO. 86 Writ No. 2008-6132 Civil Mid Penn Bank VS. Harrison F. Bink and Kathleen T. Bink Atty.: Elizabeth D. Snover ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying end being in the Township of Hampden in the County of Cumber- land and Commonwealth of Pennsyl- vania, more particularly described as follows: BEGINNING at a point, which is the northern most corner of land now or formerly of Patel and running thence; North 61 degrees 15 minutes 00 seconds East 311.94 feet, crossing a private road known as Stone Spring Lane to a point on the westerly edge of the Conodoguinet Creek, then along the westerly edge of said creek South 19 degrees 39 minutes 29 seconds East 120.80 feet to a point wbioh is the northernmost corner of lend now or ftxmerly of Shoemaker (No. 16 Stone Wiring Lease) then along the northerly line of said Shoemaker South 61 degrees 15 minutes 00 seconds West 292.30 feet to a point (which is the easterly corner of Patel) then along the easterly line of Patel, North 29 degrees 17 minutes 36 seconds West 119.28 feet to a point which is the place of BEGINNING. CONTAINING thereon a single family dwelling and a detached building/garage and being known as Number 17 Stone Spring Lane. Subject to all easements or rights- of-way for public or private utilities as indicated on a p1st entitled Plan of Properties for Vacating Private right- of-way for Patel, Frederick, Shoe- maker," prepared by Dale B. Stipe, registered surveyor, and recorded at Cumberland County Miscellaneous Book 592, Page 1146. BEING the same premises which Burris Ward and Janis K. Ward (for- merly known as Janis K. Pretz), hus- band and wife, did convey to Harrison F. Bink and Kathleen T. Bink by Deed dated June 30, 2000 and recorded in the Cumberland County Court of Common Pleas at Deed Book TOGETHER with the right to the within Grantees, their heirs and assigns, to the use of the said Conodoguinet Creek road extending over other adjoining lands of which the within described tract was for- merly a part and connecting with a private road now known as Orr's Bridge Road leading to the Carlisle Pike. TOGETHER with the right to the within Grantees, their heirs and as- signs, to the use of the 40 feet wide private road between the property hereby conveyed and the property adjoining on the South of Benjamin F. Zimmerman and now or late of Frances S. Pigman and to the use of the 40 feet wide private roadway to the rear thereof now unopened and connecting roads as set forth in for- mer deeds with the Carlisle Pike. he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-•255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ?latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever s+nce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 r?\ 05/08109 Sworn to a scribed before me this 12 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANUI, Notarial Seal Sherrie L Kisser, Notary, Public i City Of Harrisburg, Dauphin Courty I My Cmvy&sim E)plm Nov. 26, 2011 Member. Penneyivanla Association of Notaries Real Estate Sale No. 86 Writ No. 2008-6132 Civil Term Mid Penn Bank VS Harrison F. Bink and Kathleen T. Bink Attorney Elizabeth D. Snover LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises. situate, lying end being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point, which is the northern Brost corner of land now or formerly of Patel and running thence; North 61 degrees 15 minutes 00 seconds East 311.94 feet, crossing a private road known as Stone Spring Lane to a point on the westerly edge of the Conodoguinet Creek, then along the westerly edge of said creek South 19 degrees 39 minutes 29 seconds East 120.80 feet to a point which is the northernmost confer of lend now or formerly of Shoemaker (No. 16 Stone Spring Lane) then along the northerly line of said Shoemaker South 61 degrees 15 minutes 00 seconds West 292.30 feet to a point (which is the easterly corner of Patel) then along the easterly line of Patel, North 29 degrees 17 minutes 36 seconds West 119.28 feet to a point which is the place of BEGINNING. CONTAINING thereon a single family dwelling and a detached building/garage and being known as Number 17 Stone Spring Lane. Subject to all easements or rights-of-way for public or private utilities as indicated on a plst entitled `Plan of Properties for Vacating Private right-of-way for Patel, Frederick, Shoemaker." prepared by Dale B. Stipe, registered surveyor. and recorded at Cumberland County Miscellaneous Book 592, Page 1146. BEING the same premises which Burris Ward and Janis K. Ward (formerly known as Janis K. Pretz) . husband and wife, did convey to Harrison F. Bink and Kathleen T. Bink by Deed dated June 30, 2000 and recorded in the Cumberland County Court of Common Pleas at Deed Book TOGETHER with the right to the within Grantees, their heirs and assigns, to the use of the said Conodoguinet Creek road extending over other adjoining lands of which the within described tract was formerly a part and connecting with a private road now known as Orr's Bridge Road leading to the Carlisle Pike. TOGETHER with the right to the within Grantees. their heirs and assigns, to the use of the 40 feet wide private road between the pt rperty hereby conveyed and the property adjoining on the South of Benjamin F. Zimmerman and now or late of Frances S. Pigman and to the use of the 40 feet wide private c:edway to the rear thereof now unopened and onnecting roads as set forth in former deeds r1ith the Carlisle Pike.