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Home My WebLink About10-0487 FLED r" 71 AIRY Jeffrey L. Goodman, Esquire Mail Code: 20-536-ARO 2 Aldwyn Lane Villanova, PA 19085 (610) 520-6952 Attorney I.D. 62689 Sovereign Bank, successor in interest to Waypoint Bank 2 Aldwyn Lane Villanova PA 19085 Harris F. Bink 17 Stone Spring Lane Camp Hill, PA 17011 And Kathleen T. Bink 17 Stone Spring Lane Camp Hill PA 17011 V. 2010Jif ;t122 F' "N 1* 02 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff : NO. -Y97 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a ]as demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, ]a corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. St NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO . ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO CUMBERLAND COUNTY PENNSYLVANIA LAWYER REFERRAL SERVICE PROTHONOTARY S PENNSYLVANIA BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE CARLISE, PA 17013 e 717-240-6195 7 s-C (2 L/. R--A-ta3 &"$ P.O. BOX 186 HARRISBURG, PA 17108 800-692-7375 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 AN 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 CLAIlVIED 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 OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANYT PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REUQEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECFEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Jeffrey L. Goodman, Esquire Mail Code: 20-536-ARO 2 Aldwyn Lane Villanova, PA 19085 (610) 520-6952 Attorney I.D. 62689 Attorney for Plaintiff Sovereign Bank, successor in interest to Waypoint Bank 2 Aldwyn Lane Villanova PA 19085 Plaintiff Harris F. Bink 17 Stone Spring Lane Camp Hill, PA 17011 And Kathleen T. Bink 17 Stone Spring Lane Camp Hill PA 17011 V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Sovereign Bank, successor in interest to Waypoint Bank, a corporation organized and existing under state law, with offices for the conduct of business at 2 Aldwyn Lane, Villanova PA 19085. 2. Defendants, Harrison F. Bink and Kathleen T. Bink are the mortgagors and real owners of premises 133 South 32°d Street, Camp Hill, PA 17011, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Waypoint Bank on May 7, 2004, which mortgage is recorded on May 10, 2004 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1864, Page 4351, secured on premises 133 South 32"d Street, Camp Hill, PA 17011 a true and correct copy of the mortgage with legal description of which is attached hereto as Exhibit 1. 4. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 5. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made in conformity with the terms of the mortgage, from April 1, 2009 and each month thereafter, up to and including the present time. 6. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $ 598,621.40 Interest from 4/1/2009 to 12/21/2009 at $98.10740 per diem $ 28,943.05 Accrued late charges to 12/21/2009 $ 2,181.60 Attorney's Fee (5% of unpaid Principal balance) $ 29,931.07 Title Information Certificate $ 450.00 Photostats and Postage $ 50.00 Notarizations $ 10.00 Total $ 660,187.12 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs sale. If the mortgage is reinstated prior to the Sheriffs sale, reasonable attorney's fees will be charged based on work actually performed. 9. The original principal balance of the mortgaged involved in this action was ($ 681,000.00) , therefore this action does not come within the purview of Act 6 of 1974 10. The defendants involved in this action do not reside in the mortgaged premises and therefore are not eligible for the assistance made available through the Homeowners Mortgage Emergency Assistance Program. WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $660,187.12, plus per diem interest at $98.11 from December 22, 2009 to the date of judgment plus costs thereon. Goodman, Esquire for Plaintiff VERIFICATION JAMES PESAVENTO, VICE PRESIDENT, of full age, verifies that he is the agent for the plaintiff in the foregoing action; that he is authorized to make this verification on behalf of plaintiff; and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Pesavento, Vice President EXHIBIT I MORTGAGE/LEGAL DESCRIPTION RECORDATION Rme o BY. Waypow a w* Rah MOM aeeond Stroet PA.001711 Hardobarp.PA 17106 WHEN RECORDED MAIL TO: wsSll" llsdc dh Bald otser Boukvard MAL ATOP uo-M IWIsbrrrp, PA 17111 nGuGita ' «lEGLER DEEDS OOUNTY it, fie, 10 RP1 6 21 SEND TAX NOTICES TO: a° ooW at<.et P 131 1711 tlerdabara. PA 17106 EM HWOM A USEruev OM ENO CMSTRUCTM fAMOAGE THIS MORTGAGE SECURES FUTURE ADVANCES THIS MORTGAGE darted May 7, 20K IS made Sad emended bob veen Manson F. BMk OW Kathleen T. Oink, whose sddrses M 17 Stone Spft Low, Cam FMK, PA 17011 (roArred to below as "Grantor") and Waypob t Bank, whose address fa 235 North Seoortd Street, PA. Box 1711, HtNllsbtlrp, PA 17106 "fetred Io below as "Lender'). GRANT OF MORT"OL For V0110 a Grador pants. 6np irss, aft, rarnrsya, 01Jpra, ' 01 nkaecuti, conkme and arsalpepss to !.ender aN or GAU t & rght, its, and Net to and b the NO,!p desuatbe setl properly,t?pa?t? WN d aoAtIM or subsegtanay erecMd or ~ iwldpo, ftwmmank and iirtlaas; AN 8110016, larrea, a1epR, PasMese. and ways; aieessrrrMls, d srnry, eR l m*$. pduMpss, Mranank, Mredleaarsts, and apptalsrseuoss eaNUdo q a arypNsd atstdds appulsraat IMSSns , and Ma nwerala.r and W1 oe wlMs swpaot t tester rghh, walerooesese and ditch paplud MetOok t dkh or it V d0l W atd(tetO? Walk M !s ttse wal es nsatfsra, oar de?r?o?t a thla M the orLpW Ael icy seat Ck here fit which k aAtsohed to this NNNTpape sett trtsde a part or The Real Property or its address le.oomi" known n 193 South 32nd Street, Borough of Camp Fill, PA trove ft RvWV. In ddlion, Gmalorr Waft to Landw a thilo ., Cor W ? sma* kWinlaftmoi lyR L Hants TM MORTOMIF, 1111CLAIDW TIE All PROPERir. M W4131 TO IWJRE (Al l tNilFll9lt TIE NOTE NI ilE ORIOINAt PIM noaro? ntct?uolNO TIE 11Nf1I11IlM M:t10 01Yt9a 1,0 t1I9CURE ANY Ally ALL llETW13N GRANroR ANO t.EINflR tJF AOIMLMtNT, OR ANY OP TIC IVLATO NDO/1TGAGE TM MM"GE IS OM MLMUTIOIM lNDlA "Iff C NITA N IMMfIM Al1Y BtlMlfi OF DWAIA.i PNAE7, TAO TIiPJAK NHAtL ALIIC IIE ON 7W POIIAWNG TQifAa: ltEllia AID r AND ALL Ot a PAVWff AND PERFORMANCE, E00 AS d W*11s pMWW In ft MagsRe, ( wftr SW pay b Dada All amounts mcmd by thb MOM at NW booome due and 4W *W parforaa M d Gardoes obladons under ais Moripeps, oongr NJC = MORTGAGE TMs f%Apps k a looratnroies mor[Me for Ihs purposes of Sacions 94134 and mA•. of to Uniam CpamsncW gods, me those sat m taw been adopted by NM OOmnrorMUM Of Penn IVINWA . PONNEpW AND MAWMANCE OF TIE PROPERTY. Gra & apnse that &wft TS poundon and use of the Property stal be powrned by the lolowkp pivWdorac Posmadee seat tbs. UhN Ita oommeaos of an Ewad of 0ek9A Graft Q) mmdn N poasesbn and co" of the P(operty; M user, opaab or menspe ImPmper?; use ter) octet to bank from Na'Propse yr. as Prop* to Wwftble =Mm and pr+Om * perform d mpd% mpbmmants, and maintenance Its v". necessary to promm CempNlma WNh 1101410MOM !Awe. Grantor rspnsesais and w&U* Nee ds r Nse hu been no us%psmeb%mowbobe Sub Mel by any person on, under, abaA or from the P00petlr, (yq fdarsq = 40 a prevlowy d adased to sera eohaowtsdpsd by Lender In , user. , MsnrrlsOkm- slonpe, IndmerM, dlspossd. NOON or NMee *am s Property by my prior ownm or coo "de of the Pmpe*. or (al patron rstaiep to such mdOak and {N s d iclosed to apt tersusl, r:arrlraotor, agent or oNssr wNwdsad rassr a tM slat s Haardoue Q= on. on, under. about or from Na Property; used ) apt s Ands" (1) Crrlnp the PMIo1! d tiMa dm% i y 1{ of al, d epoul. Mum or Neeelesed alma d say a no k wwbdpe d, or reasea b baUw that Nam lea been. Wree d or i4ck$m d may 9mkW mmW Laus, .) any Id rdma of any "**Alm Odmisacs on, under, about or i A" or -.aNrad ilrr-m or ddm d any Mad by any askaowtadpauf 'by Lender In unll i (1) New G1f+11 r nor lessssfar WA"Ub*^ owe, Me4 dYpoas d ornkass any i acW shd be conducted in oona>wanoe wtfn eM appMo?ls 8K 18a6 4 PG4 3 S I Low No: e8730of; 5 MORTGAGE (ContIMNCQ PegG 2 bdKA suds, and bw taws, Maddli om and ordflances. ktdudkp WNW brnNa m at En*onmwW Lave. GMVAor au(horlim t.WKW and Is ap * b aftr upon Iha P pwV in aWn such Mtapodbra and Ink. at eranbfa eapenas, sa Larder may doom gvmpfwa to dell 16 ft oompliana of Ow Pmpsrly with 16 aeoNon of In MwIM. Arty kapsolbrw or bate ands by L"cl r shall be far Leader's pupas ally and shq rat to cars toed b craab any msporab* or kbft on ft d Lm*w b Daft or b any olhsr poem The MPrsi *dk m and wwranks - Ift sit bmin m based on Orsriofls due b Mvsdodno In Property for tia does bride for Oftno or I? ocols u? W Wm M a0nss to Mdsm* so bold haOf corAtullon nrlaedar„ the sued 9rardor abknt, boat, imbales, darnW% PWWIW and 00090614 vhbt Larder any dk** Of ktdrti* PAW or Oft +piv any and all of this aeoNon of to Msrlpape or as a ovosgwnoa of any tart, gowaibn, nmwfabar, stomps, dlpael, aliame freatarwd mates oaarnNlp prbr b amdofs ownoaldp or InbW in bw Propsra. whodw ar not tw same vat or d ould haw bosn kr4m b i11r aim 1% pro*iont d his 1wNon atom Malpaps, I uft tln Obb1Nm b krdarrily, tttab sunAw its payment a the bdabNdrtem sad to salbWan y ten b m w of Ihs ion of Liss 7pape shit sw act be aKsded by Lend s w*60m d any interest In tw PiopsAy. wh*wordhwwbL Nis ftpw* ar any person of not caws, aonduot;pr:ps"irgr avarice nor commit, perrntt, at sulw any s1 19 of or waste on or to Its Properly. WINwui &W ft to gw*v y of to forapdrtp. Qadw will not www. or Cram to any offer W ?n oo a U remora, arty labor, ndm ds Qndudgd and 016L cod,, day, mod& sap, pawl or rook products w*mw Looses prior PAMW Of mel Of l condition nrbr si sholl of not dtmolsh at mmow any ktp+owmwht from to meal PMPsriy Without Looses pxlor wdan ca aatr lagrrownNri*; Lander may wq*9 Qndw b aorta s anpmwits satistootory to lender to MPbw such kwMwmo* with Mprownwnit of d leal s'gwh Wm Larrlbrb 1fi06t b Cram. Lonow and LmwsAs a"* ak ?apneadatlws may arYsr upon M Rani Pmpsry at all common" tkrwa to atitnW to Land" b i reaa and to kvtpsd to Pad propiAy77ffoar purposes of Gnnbfl ow9kno va " bnm ow owwbm of Itch Modpaps. COmPfanoe WO QwanworNd RoquMnwsrlb, C'rtnlor shd pmcr4*oontrrly wfb IN laws, ordr mmus, and rspultiora, now or hawfbr Is sheaf, d d 0overam aiat auihaNst sppbabN b the use or woapa oy ct , kCbft NOW failtt, No Amaloa» Wit WarttlANss Act. Qmmnlor atq oa+bst ht good Mlft ow suoh terry, adlnanoo, or i and wNhhald nontpiance durknp mW Prooadno, Lo p?psrq?r ru rrd Jso iQ LwK* am mq Grotor b pod ad q nNmi uwAtyly or a wf bw4 maaoiW adsMobry b Lander, b prdoot Lsndarlt klbrseL Duly fhelaOb Omnbr 40am mWwr to abandon of babe unhanded a Properly. firaraor did do d cow ads, in &dam b those sob set torch obwA In ft boom which from ute daaobr and at of the Properly are r-Pon rnbb Iraoeaaary to probd and proservs the I}ollody. TAXIMAND LIEW The kbwfrp WoNskxu rsklblp b the 111ras and lens on the t'roPoM ors part d ffie ifargaps PrgrminL - falndor shah pay whorl due (and In all swrda poor to daingr mh adl tads, Po lu Laxm„ 4*0 teas% aeesamen% water eharpee and ssaw service ml ow - baled apdad Or on aoWW Of fw Property, and attd pay uhm dw all ache for wok dons m or ter savlam andsred or mdwd WAR" b to Rw*. a add aw atakils11t w Propery fbe d awry cant itavlnp priority owr or sgwt b the ktbnM d I ands', raider fblt 14oo0a0a, elospt for fwa bats spsdNoaly aprsed b in wdwtp by Lander, and ar W for to ion of b>m and aasoattsrds not dw as alrNwr epeAW M the 1999 to faariat alnaraoh, Ib CarLaoL f?asrdor migr tathivold pstymsrtt d any Moo aplstralM. a ddra In wnwobon alNt a Good tech drepr;te owr tw bpp?rqq??, to brp n Lsndlfla kt1a?M b ms prepay to not k a ben ache a logW as a wuN d fit dor wNMn bftsn (14 days afar the fNa ado" or. it a Non Is fbd, OW (15) days AW 6adOr hall r Aft of 1tt1 . eemnio iM d C I II p Of ft Nan, ora?Nd by Loodsy dapod albs Luulw w* or & suf clad owpomb sit' bond or eta 1"m* sAbotwy b h as amount b dNalwgt ft ho pica MV *o* and eftoWbms, wr Ww dye bM oodd emm ao a Halt d a brodoalms orate WNW the ear. Many OOatato binsrbr Mall defend INN sad Larder and sbd ? mW advam p*mafi bft* a0M^d the Propsry. Mid mane La?dw as an addlNonal d0goo wx* wy awy bond furatelnd in tea oonbd pmosofts. EVIMI N ONWItarL Qwft Mrd upon de"nad furnlth b Lender sallsf"cb y evldanoe d pgmW d fl"i texas or aomarwrtf" and Mall mdwft ft appropriate OOwnamnial oftial b da wr b under at any *m a wrgbn /tatammt of to bran and &mums* apdnat tw halloo of Qosalnrctoa, « ratfcr shit ratty L.endsr at teed iNlam (IS) days b*m sty wodr is ooneasnoad, any as Am are 4anbha4 or any mWois am arppbd b the Property, 106Y madw*% ban. WOMW'Mft fare. Or otar ram WA be emadad on aooount of tw work, services. Or and wkit. Qadw va upon rtpuW at Lends tt vm b Lender *mum awAmoee 1aN4bobry b Lendw Q OrarAw ptn and wlPar the ccold wo LmPrownwnb, FROM" Od1ffME M WJVXM The ""ft Provlalom nfairtp b klWdrp to ROory as a W of this MorfMw MatalsrWM d IIMNranfte. flw4x dull procure go rtWhOd pddm Of firs WNW VA standard adonded oowatpa wdwmmrtb one bola for fu fd MISIRtlttb V" Waft all kWwvs mb an No peal Psapwr In an amount t jrft t b avdd aPPlbaW ookwrancs d"t*4 and with a slandad morbeQee daps In bw of I - i i . eator afro abo proouro and.md daht ? Oaiontl oww kwuraflce in such m on" araouris as LetWer "r In a1d4 ay rwtrrtat vih Lertdar irakt0 rt"aw ore d addNlwral katreda ' ktwaros pabiaa. AdMonally. Qranbr 1111111 mablaht bah 41W fnawarW% IadydYtp bW ad i ftd b humd, budwas intertlyfort fold beber kt &wm an Lends w# m pke. PoNcba dtaN be wdtbn ter such k1s11ar1os wontpaita and In such Conn as maybe fib' aO?spOabfa b Lender. (11randor oho ddwr b Lender oorflblloa oovwstpe tom each ktslsor 4 A -111 no a slpuldort that r or dlratnlstwd wftwut a minkaum at t?dW pithy wMlfm malice b Lender and not oor ikdn0 any kbft M IMI of 1M ktauw o in faro', of LerWar bs ?to Otw such notice. Each poloy alb so laftle an w ws m" d provkbnp oral Prsliary be loafed M an area d"abr the ODbodw a IhFFSdatdo Enbilgo mmor dsitW Of f#raalor or any etoar NP&Vft W Bi nd tra ilea, ?110?f' atanspenrad Apatoy a a WNW Wad tnaud area, BK 186 4 PG4 3 5 2 Loan No: 8Q73005835 MORTGAGE (Continued) Page 3 Gft'Aw aproes b obtain and rnalrttekt Fed" Food koala. I awllsble, wthkh 46 days after ado is 9MM by Lerhder that"prop ft is boated In A VwW flood Mad area, for the hA unpaid pdmolpd bakaa of Mo ban and any paler leas on h pmpry asmatrtp g. loan, up to ft awdmum policy torts at under the National Food bpuiame PMUIM or ate oMrwoe regt"d by Lshtdw, and to naktlatn such Msuranoe for the term of the ban. Appftdlart of Proceeds. GMRIGr SW PwM* nMY Lender of any loss or dameps to the Property. Lender rosy mob proof of k a If Onahtor talk to do so Win been (IQ dqs of #0 =matt. WhOw or not Landers eeou* k -L*WK am, at Lendeee,tortan, 100" and wbbt the prooeels of Irpunnhde and Mr POMMAW ire Propay. or ttw resloa t e and Np4r of 1110 ROPM04. if LLender *016 b wor to d to Mg Of my flipsir. p ape or race the denaped or desiroyd Imtprownanla In a owner atsitolay b teetder dMdl, upon aaMefday prod d each ehpendbm pay or rOMAthu a OraMO? tons the WOM& for the reasorabis cod of r** or waloMe- t Gwttor k oat in dskut under #* AiwV pe. Any peocesda whbh have rod been dsbureed YMa 100 day MMr th* noW and Milah Lender ho reel o mftd b the wwlr or Wloa o! OnP?pp?y ahU be aced iNl b pq any tepud?kq tip 4ead r urafer tAk Npype, ben b pay acarmd Mwast, amt Ihe asmsinder, t any. din be applied b Mw prk+obel nos at Ma kxbbbdnm. N Lender holds any proceeds after payment In ful d to kM Wnesa. such pmoteds did be paid to Aronson as 000 oft his Sub mWappear. TAX AND tfKNUW C8 MONVEL Upon repast by I slider and K61W to elm kw, prVtor shy pay to Larder each month on the day payments in dw under the Mop WO Do Nola Is Paid in K a Suns ('Escrow M MI b &*4wodrt of (a) at annual ku% apedd taxes, akseereoauntoea' nb, wafer aNxupeeand seweraeonsdarSles tahradapekelor on aocaNtt d the propMyand (b)asaalpw&M forpoVMdfro wth M del s e'- Std extended eawaoe rogeked utter thk Mortpape ('Escrow Mw". Lander may edahde tie amoaht at EwMw Funds oe'Na basis of oueeet data and a reasonable amide of Ma Etorow Neste. AN Eexow Funds dot be Mw by Lender and pay erns Eeorow Items when dus. Larder win oat dwo for holdro and 1w Eecnow Nock, wyul ig the account, or w? to ow Etarow Items, nefe.e Lender pays Godor kMad on the Eswow Funds and law M ' dIa terAW bntsiowA a dupe. Onrtor and Lsncw may ogres b wttkmp that k= shd M pod o n the Esaow Futile. tlMse as aaw?mtmentt Is rose or pap table mqukft aa', w to be paid, Loader slat oat M e pay Oramor any I -i - or stomps an on GpeMl FurAL The Eel ow Fur ls w MM* for be aawrhala bctsedd by to this MdmL the am" of the Wow Funds held by Lender. kW w wth to Eutaw mortttyr prgmre,ds d Escrow Brads prior to is doe dew a Ihe Mae, shat ea No amount d to pay ttio ft' q- Items when del. be eetoees din be, d OrafNor option. etlhar prompty aslhab b Oaanbr or cwdtad b OrsrMor M tt>I payasnb d Beaew Rwdr, t the amount ??tt tie Seem Funds held by Lender Is not sulldent to pay be Escrow Noma when del, (ke tior sihat pay b Lender any wr o W neoaseay b mate up tte ddokw In one or more payments as ntgubd by Lender. LF,NOMI E>IIDRlMiE6: (} sty ochre a prooesdlnp la conaaroed N+at wouw eetridy efNC Lerdery krewd kh to Popery or II fbaolor Isis to maw wffh any pwA*m Mafpape or any Added ooMw*, laoluft but not bftd to Qwk& hem to dedwpe or pay when due any amounts Oftnior Is of lfre rs #*W to dodwgo or pay under this Maloaoe or my Rddad Oocomeck Lander on Ow ftes blot may (but shat rat be oblpalad b) Me any adlen tint Lander deems . irtskasixp but not mow b deohewtt or pattnp d hum, tens. seohxty khleres10 wmvbwtoss an d other atlas, of any tome is or' pkged 0 n"Pw0V and payktp M cask for A 1u166 nldntab" std pnaerdtp tree Proper y. M such eopertdtlarre la med or paw by Lender for such papaws wit Ilhen ben - I d d the tab dwped under No Woe kom the me kwestd or paw by Lender b the date of IWWmW by Orartlor. M euoh ehQerwe -Vi- bsoaae t a site kukbtadnea and, al Lenders option, sit be powde on demand; (B) be adds to the bakroe of is Note and be -grog t-941 nnd be parable Mtn any kslataerht pgmtenbs £e become due MMr (n the term of any apptoobb kwaranoo. , cr (2) the h?akhlnp tent of In 1? or (C) be traded as a beloon pgnan t wN wi be due and paled No Nobis than ahww1s. such"shy be in addli m b Al otter 00 new obl red of b t.erteor Ibr aft such ehpenaae shall su.4xw Nat en0y of b' f3ramlor"a obtpaton WARRMSi1f; OBE OF TNTLE. The tolowkhp pmWdons tdOV b ownwft d the Pmpry area pat d tae MoApap .- Tlte. Grantor wsnwtb Vft (4) Oka *r holds good and msletabte tU of noad b the Rep uty In be skVb, No std eon of al sans and ancumbianoss otter Nan tics sel Iodh In go Red PrapeAy de crWon or In any Ob ktataattos ply, ?s atparl. or tr1M tie apMlon karwd In favor of, and accepted by, Lender M oorxactom Mtn Sus Marpape, and b) tbsuror tee !the 1jA doK power. and M Mw" to mmuo and de wr tit Magepe to Lender. oelsaes a TIM. blulOol b the erseptlon la Ns paeprspth show, Llhemrtbr warwmb and Sur idtetrww defnd is its b Nhe Properly apelnei the lawful claims of at persons. In Nat event any Notion or promft Is Commenced the questions lbradorti 116 or me kht1 of Lender under ttk MorlM% Qrodw that defend is adbn d ftoly% ehpeas. Grantor may be the rroa I pery in suoh prows%& but !.ender she be ehNts Io p'Mgt td In No pmoeslap and b be npn?rlbW kn the prox c lrp by oosnssi of Landers own choke, and owraor wit dduw, at otua to be ddvered, b Lender such I foal umenfe as Lender may mqued from the to torts to penae such prtdpolon. with GMAW wmwb or 1111*1op and rsph/etOns Of governments! aukwrttas ptoperty and Qfanbrs Use of the PropwtY 004"M MAtt an etdetnp applcabfe Isws, SwvWM W Re.1 - - egorte end Wirrad iss. AN repnsarhktons, wwmda, and Weemsak Mode by Orator In We Madpapi Ow su" Ma exaotdbn and datwwy of bla Mw pope, "I be coalkwIng in nalum, and dW wnskh In full Soros and afoot orbit such Mme as Oradoft khdeblednew ehd be pew M U. CANOE UTM. The Idowtsu Paohrktons reldno b condWra w prooeadbw area pelf of tiro Modbe ow hopeadifigs. It end GwW any prooeedkq in aoadeauabn Is AK Grantor 00 pom;Ay racy Lender Ns In real pally in tuoh' p t bk but such steps _n may be reuse b defend NM adbrt and obW obWn the award rd. Gl Qaalor my be a s audbe delivered to Leenderp such lftkuuiakhtanb and dwunw ftft n as may b? requested by Lwow k?aa ?tkn b *m to penal armor pwwpatom. AppNOWN of Not Proceeds. It ai or any y part of ft Pmpery Is condemned by emilm l domdn prooeedi ps or by any prooee ft or pwhw ktdebledness oftu Lander r In repair taloaton of nIltedt?'".. The no pmoseds offNNo aawwardm s0160 hoe mean aeweald Wyneht tOt W BK 1864FB43'53 txm No: 8873006M MORTGAGE (CorriihttedQ Page 4 WSK sarpsrm% and adorn kea Incurred by Lender In cornaobn wfth rie aondemrufba. 1M MI M OF TAXI. FM AND CHARM BY COMERWINITAL AllGgRtTM The Mawrp Prevt bm rokwkp b 9owaxnwkt lamas, fees and d"m me a pert a rik MortDw DAMM Taaa, Few end C WWL than request by Lander. Offinlor rid wisculs each dwunu* in addlNoa b Yia Mo toge mW tape whakwr crier &doa k eequeMad Lender to petrel end continue LendaA so on ft fieet Propary. Orerdw shall Ieknbtaas Under for a taxes, as charted below, bpdw wNh a e omm kamw In nc«dkp. perfeoltp or o fhb Mort me. M* dng Wmwut Itmddon d tones, tees, ducq „ and crier aatgee for raoordrp «wpkbrkp Ifcw MoApape. Tom. llw IoUowkrp ehwl OarnfMVle laces b wadi lfis seaMOfl eppMex (t) a wwft Luc uponthktlpeof Mwtpep«upona or eny Part of the lad"dwis seound by ft (t} t s Padpc Luc oWar WM* Oanlor k arNtodaed or to deduct from on the bdebbdrwss s6oteed by y wa Aa pspe: (? an* on rib type of Morlpsps dw?paapl. a-t ft t ender or the C= rie Prole; and (4) a spedlO tot On M or OW Porbn Of the Inftlednese at on p p Im a pladpal tnd fileted matte by Nof Tana M any to to wbbh ihk eeolbn apptres a .nacNd eubmgcsnt 101he dap of bk tul ells. Mk swn! cheK have the senw 6a at Evad Dskuk end Under may a:tetal6a cry or dal l16 aMlabk tsafedke foram d Defeat as Provid.d below uap6e Grsrttor sMfter (1) page Meo lex before M bapomes deftWi , or (a) cwb* Mw bx m ptawlaW abA L M Mw Texas and Lbrw ee'10 end *0 Is wit tender 00611 «a sdpakd banwap ON* bond or other sawly eaOMao" b Ladder. SWURRY MRIM M M FVMKiMG STATEM6f M The bIm* p provtatons roleft b Otb Mm *a as a mouthy %Tw wd are a part of mma#mc w Mlripid a a ? uM ?C.a xn?di a amended has Nma- b ilnu Rduns, mad Under 1tH6rrq. # by UddW. &a do Steil tales whatever acMoa k tequespd by Lander 10peal and a" = Lsndmtl saoetliy NdanM In Mw Wnk and Palyorwl Proputy. In adofn b nooordkq hit plagspe 1n sew ash roads. Lstvl6r may. d any tkea ad mwd Wier suMroda" Win f'arardOr. 0 AQtiad sfatetn6ttt GMnfor ahd Wmbu m Leader fora e?r onm kwarodr?? Muly ft o1ww"L Upon d*ul wdir IN, b sw 'sewn manner be na! 1Moparly? lrom Ih. ilpa de ck?nla sAd oaable tsy ifw+lonsl prey ea Pra O in a a and #A al it a aka renawbly aOr?b Orerfla and Lander and make M artMablo b Lstvkr ?lMhtn Ifvee (? dayselanara6rW pt anMpn demand from Lender b ifte aoQed permNbd by appNOablr Iavr. Agdlrfeeee. The INNIV addresses of tNtagtor (debtor) tnd Lander (eagrred peaty) ram wMch hdomallMOn ootv:srnktp the aeourgyr kMetaM OWWbyftM o latos may be d Wrad (esoh as mgtftd by the LWWm Dottmwdd oade) tare is *Ind on rie **pop of ft malt4ok ? RIfflifft ? M AL AWN0412ATI(M. The kkwkp provkimu Many to 4rber assn and additW twr)Ilir AmvWnaee. At any pares. Ord prom Mme b Ilme, vpon mqueal of LaWW, GROW W nmb6, stoatb and depwr, or will puce b be waft a mmulad or dskw@4 to I. #xW or b Lerkkh and Who Ngvabd by Lander. cause b be sod, fsowded. aofNsd, or rw6oad0d, es the OW may be, at sash laws end In suchdAm so pbm a, lamd6r away dram any and ail turdr m0rgapea. deeds Of kust, saourl4r deeds, eeaeMy aprearaenb, M of hxllwr asev aace, aafMorMe, ar?d dher doovamab as . In t sate optnla+ of i ender. be nselft ry a da64i0M Ln order b eNaokNtR oampbp, parteof. Were6p weasels a ptesente {t) 6ndtt?it under Uw Nap. INS Maripspei, turd MM Rsidad pocuaob. avt M "Jeri and swu* OreaMd by tltlt MOAyapa p Mtst and pd« hem an Il+a Property. vMtetlnr noes owltI ar fwa Wes 6bgttked by &;W Uelesc kw or Under Wm 10 W AV, (heplor shat wkiburm larwhfr kr all soak and eoq:aroas k?ournd In oonnsdon W% Mw Napa rN b IN set pea NOVIi. AdNBoad AuMwkdIoas. N G Mw has le do any of rit wisp twbned b M to pmosdrp pwoom pb, Lender may do so for and In ate nemw a 60ft atd of 90ki or'k elp6rua. For 4M pfmposee, ewdor krevacaW wAodm Laadw b make, mw*. ddlvw, ik. rso«d emd dO ON COW IMP as mayrba 8006OW or daminft In 1.? sop opkdotl, to aooanpIM- Mw tellers maned to in are p, "! 10 panonlph. v Is tnwwsbod and a nlt" as km hatekt o d rsgnke Lender to kke apr such aotkxts. 11" PMWOWAJWE- If *WdOr pays a to Indebtedness when due, and ori6twke pwix,l a d Mn ".I. fhb MOdls^ tmpoud won t3rarttor under e LOWK t6 MMOrM ad ddvar to tMgtMa< a avNsbp aaugwtlan of #6 MorbW and su Abb -111- 1 to of MnNnatbn d any kw, any m-wn bb lermkt l a An as debm*W by t.er4w tram &N Mnw. ROP* q. 6rat1101 WIN pay. If permMpd L' LM OF DW'AULT. Esah Of NO "DWIRM At Landerl6 opion, shall eottdgtte an E vat at DafaW under rile MwIpape: PWASSOI DeheAAL Granlw tae to mom cry ft," when due cedar the kdebtsdnm. a W pa EW P*VW e. Fau,e of Smdw W" 00 ttnw rrgt*W by ihk Ma 4ma b aw a am pwmm for Ism or kwxwm, or " Y b l d MNttp Of or b slbot dsolat9e of any WL 066 Depelfp. GrfHdOf tab to eomply va or to pettorm aty crier arm. **OWN ooaaad or o wmw ocnkkwd in We Martpaps or in betam,iNSett Lor?fderard a b ooteply 04111 or b pyrlortn any least, obNpsMOn, covsrMM or condMot =&%W in any outer sOrursenF Debut kl Favor of TWd f9Mlee. &)Q* Grantor ditM under may Wa. wdenalon of **A eeourfty aonerruatf. purohass or W a a eb?Y W obper pw oredNor or pereoet Nth may eeekday affect aqr at lfgvMOlle property or Gnnbrlr aaW b m« a^I'w Indd ?*bdnu6 form (Irantc?a ahslpapone under Mtk tYlatpape «any rMAhd doouantM. FA" I'lik ItIlL MY wr tm*. mpmerdmbm or ekbwmd maW or fvrnlslwd b Under by Ana lm or on oftrftft b do under ft MOripape or tke new Doctmwds ie *be or mWudhq In any matured re P04 althea now er at the Mme made or Wm Mwd or Wcom false er mtdsa ft at any Was riermw. 811864PG4354 MORTGAGE Loan No: 8873005896 (Con tiscQ Page 6 Dabdlva Coffde NUMIda. TW Morfgaga or any of ffw R*kd Doeumenk eeun so be in tub tome and etleot (tnpludlnp Wwo of any coMaleral doomed to crate a veld and paltcled secuAly (Merest or bn) at any time and W say reason. Deapr or The death of Graotfo, the kakwi y d Gmnfoy the aPpoldnwrM of a mookw for srry part of Qmdors aasbalneM?nMt of cmdit% any type of crrdbor workout, Of MN oommenoenent Of any Mooedng under any bon?knLpky a Inadveray laws by or ag** QMft CmAW or FWAqure ftooodNme. CommenoemW Of foreclosure or forlAn prooeedhAM wheMw by Judldet proaedhp, seu4l p, ropoesdasion or any oMrw nmlhod6 by Jay creditor d 8mnlor or by any povwnm&, t agency ape A any preps, nmVW krddbkdnsa. This inckudes st Wds6aeeM d any of GrN ftft socow t, indu ft deposit aoo0 wAii, web Lender. Howsver. MMe Event d Do" deal nd appy M Myra Is a good 6M dkpuis by Grader as b No vddy or roaiolwldreea of go dais wMoh k ft basis at Me ca dlor or toeteirtro pnicsoft and M Qmnbr ohm Lender weMlen soft of tfe Gmdlor or kddkaa proon ft and depo b Wier Lander nxft adeque N1wMswely bond for No oniAm b or 11 1 in - prooesdnp. In an anwunt deternMned by Leader.ln Ils aob dbarpon, as bft an eneeeh of ONrer AWeeneml. Any broach by Grantor under sire terms of any offer agroenud beiwren emr*w and Lander drat Is not remadled wfttrln any pekoe polod provided Mreroin, - A, cl g Nittrod lmkWn any ag "mW oonosr ft any Indeblednea or oMyr odlgdon d Granbr to Lander. whWw afddaro now or War. Emile Afftcft.!!!? Any" p" mob adows uM moped 19 Quamdor of &V of or Guva+Mor 0" or two ?Vdlonfr a f0vulovii Or dupuNe Will WOW d t??W4w. OW & we* of MN IndebNdness. M t w went of a decal Lando, at Its oplon, may, but siW cot be rogdmd to, permll Me Giism*4 oak b aaatam unwnwtonaly ft Gblgdons arising raider the puaanfy in a manner, addufty b Lander, and, In dotng so, cws eery Event d DWA Advom Branca. A malosid a" m change occurs In Owdor's InaneW WAIllon, or Lander bebva the prospod of payment or pwWffdnce of tndeblednesa Is Mnpairrd. Right to Care. M debt!, Wier Ihan a do" In paymded k cumbfe and M Grador has not been given a molds d a broach of Mw saris prov II at" of ision of fhIs Iftlaeg- eMlhhr ft precadlnp hWW nowt M my be peed M Grainer. filer mosiNnp wrMlon naft from Larder -IN -we ima arq Vie iy kip (t In Aiorr(Mon babe or M If I* villdent on ft dillou and ewealiMyn er cni polies anwd? oortpidlot d resemble and necessary slops ddldaril b produce Oornplarrce as soon as roescia" pnepcal. RrtaM AND RUM M ON DEFAULT. Upon the cocoas clan Evart d DdieuM and at any Mew Meander, Larder, at Landers option, may .01 any ore or more d the kleft 4;hb and ron m c lp, In addMon to any offer dMile or nm odles proVlded by kw: .AMbaelo Ntdebtadndea, Larder dM have ft rice at Its option, after oMM such nofoss as requiW by opplioabid law, to declare the orft fndebkdnesa iamedatsiy due and payable. wider Be efts. lh at any t? d the Mond Pmpw*. Larder aid few all the dptt and waydles of a secured pary Cmd Reels. Lander shall heua IN e4K VUff s #aft to Gadlor, to We poseoubn of the ProMry and collect No Rants, In" W smotaMs pad dta and uepold, and apply No rest proceeds, over and abovw Landers Goole, apdnd Ile 114 "ederea. In blisranoa of We ? ? roatN a or dher ire of My Rropary b mdse paynwnle d rent ar ask bds 4eda? to Larder. M Mw Rards aro Mtn inavooaby auMwrkes Lander b endase Instrtarynte roodiwd In paynyal ffyrod N 1ty tMme of Qador and b negaMd My came ant oolsd ere peooasds. plgnrynle by tanwrte or other caws. b larder b eeepenes b Larrdare demand dyI Mw obMgeMoe tar whbh Me aro Hyde, whslAu a not any props groarda far ffre demand eedsied. ldrdar may aroeroise under MMe wbpwpmpte aiMyr N?parson. by agar!. ar llrrouph a mceiv?er. no App" ReeelvR. Larder dye have ere Amt b km a m* w appobrbd b We possession of at or any pad of MN Property. wflh ft powu b praloot and pro"" Mw Proparty.6o apara' ON RVPNy prooodliv farotoeurr or sate, and b Cow ft ?y ism to P"W And to prooeeds, over cad above ere cost of 1h0 woatawelMp; air ifs I Wililiches The mo lva nayservewNhout bond if by t? a Irk% o b 8ppohMNnE d a mshw etrd cadet wluMyr wed ft epp6v M wtue d the Propwtyescads My YmorM by Dander deal not dlsqudy a Meson *am ewving as a rooeMr. JW W Foredewre. Lenrbr may GbW a Judiotd dears fcedodrp 6odoes Nrtuast ind or aq? tad d Mrs pmpwty. PGenow of Mw Prq". For Be pwpoee of poorukrp of ft Prepay. Grantor hudW aullmlift and ampowam any aMaiNy d say court d roowd lo the Gotamonwadgr d Prmy? y (w Lander Sad M Palo oletmin0 under or prbupf tench, to 510 an WNW" for 4111111" In any rwnftm oast an a add M eJeclment tar Of Me ttrrpergr and to appear for and oodn JudgMed so" Oranbr, and sow all pare altlairrp under or Wotgh Aewfor sonoowty by L"W a *WW au warm* and tiiwoupon a wrtdfpossealon may be Issued torMtrAlh any prior awi R or p np wpatroev slid be Red ~y by . It pwnftd by applabb law, Lander may famolae Grantors Interest In d or In wq pert of ft Perm* Prcparfy or Me anaift4ad x ro -Y vs. oalvrd from aarrohs of ere Aphis ptvAdodhahaeMile rrrtyttirp In Ito Iredabledrrass due to Lander after application of d Teaancy at atrtUrarrea. It QnarMa roreyMs? in possession of Via Propwty oiler the Propafy M eqd M f? OW above or Lander dierwks bw ma ached b poeseselon of tM upon d4WAl of QxWor, ftalar =d become A NNW N suMrsWm of Lender or the punihoser d i and Properly k,wwddWy 4m No dsemalid. nd or aPMcn. Our (t) pay a roedoaabie raedsi for to no d go Properly, or {!C vvtcats Ile Otbor Remedlee. Lander she hand offer rights and famedtes provided in thk Mortgage or Ctrs Mob crfavalobN al kw a In equfy. hereb In* e?bMrg?tde and eemsdies. Lend %p=%t All OarAor or any pmt h of Vis Propory logsMer ahaidpaWdy t? W b, , In am 8K ! 864PG4355 MORGE Loan No: 8873006895 (ContinueM Page 6 eepaahlesnlss. Leader ahd be wdbd b btd d any pd* sdo on an or any podlon d lr properly. halls d ode. Larder shin gtw 0malor reasonable notice d Nw Mme and place o la seta d the PdnoraM property «or 11u Erna attar which anY pdetb seta or aNner Inlerrded Ile PanonMProperly b b bs rgada. UaNSe olhsrwNe roOuNadby aPpMoabla taw. rsaso tale ado shill mean nolm Oven al 16mal lend (10J days before fro Mme of tae sab or Roam. Any sae of the Pascal Property may be made M oonXxx#dn wNh any sale of la HeM Propndy. EMNbn of RNaraee Ebolon by Lender b pwsw any mmoo shah nd o ckU pwota d amy alter remedy. and an Wedon !o mdse L*ae?1e riplat t«o bdarikimare d n to ioeta n OwAa dlua OnoW nude Mb kortgape, aasr Gdmb'a ties to palwin shad not altect Nolift enderlie Morgaae or olherwles shad be eonsawd a as to lmh or Wild to and romedNr avel able to Leader Ibbwlnp an End d Dok#At. or to any way b 6M or reshot the ft* and abMMy of o1w oo --- drecdy or ? do" GWAW No ' v °nt«. sung' or endow "or to proceed me" any Leads A1Mrrmya' Fags; b m em N Lander MdMubs anysul or melon to enlorn. any of the leans of ft fpspa, Lender OW be named b moover such sum ere the cowl may reasonable an allomeo'tea at ltd and upon any appml! r or not any court so lon is Mvolwed, and to Nm a" not prafiped bur, all memorable e30eraes Lander Mows Met in Landan'k epidan are neaaemary at any tlhr for tae p ? o b o l d n d M s IhbreM or lr erhfaramunl d is rtlhls sad beoonr a part a aim Mdebledrase palabb an dearand and ahaM boar khbrset at No Nob mb snm the dab or the rgrradllae Wall repaid EVemess covered by lb I gNdph Mdeds. wAlaout Amlalon, however subject to my Ands under gapMoafAs law. LenderY atlormys' Isss and Larders le" erpeneW wholm or not hn le a tawerit, khduarp 0ltarlaye' ides and srpaneas far barirrtuploy Rndu my aaorb b molly or veoals any adorWo slay or k walonl appeals, and arty a+=06m Ma?abd and Op"" hm posysrdAmernt ool and coat a sarr0hirrp reoarge, otAafmirp tale sepals (lnoludlrp Moslem SINVOYOW comb, in a dEon b r sues proMded by t, hale Mammas, to the chid W~ by epploabli law. 000 r 00 WIN pay any COW bylaw. Mmumb. 010T1CIM LJnige amrvnbe Plaided by dpplpMe law, noMw mquled b be gluaa wdw tilt Morba9e Mal be then M w ftv. and shall be ACM ware aolh * dely ered, when actually m*od by lslslsa wa (wins to mwNe wquMtid bar when deposled wAh s hoard a ad a • or, N ached, When deposlbd is hen Wad Aft ne K as tat are, enacted or rsphbad mall WORMS pr , 74 b the dawn near the bsdMnp of IllsMorqapa AM ooom d melons of foreoh, from the holder of say IM wtrbh has p"llij ever Us all Igle and nobs Phi M s21ta. I .8Idea 814% al esq., dbrd be acrd b Lendeb pidlMa, as shown seer the scamp a his MorlQlQ Any"* charge ie addopara ids +aoloes under ft Moo~ by plNnap *" wrMbn (oft b the olhsr prtbs. fhma d g as iaddwa. tAieae alasn p Mded by address. For nobs Pimples. 2ianlor Wm b heap Lander Mroraned at all any Grantor is domed to be nolos Qlven b an GeaarAors, r 0aM0 kw. l then ls more Men one 9raricr, any nobs *van by Lander to A00MONAL. R1tATM OOCUMBITLThe bnm'ftabbd DooamaaW aW also Include Landeft Oommbmt Lollar to Banower dated Apra S. ttlo0r`, abrp wlh al aebeagruerd addendrrra, aneenhdrharnls and modlAaa/ons, all d which stall swvkv cbalp, and the provisions lured are Iaapondad tw elm bL?selsnsraoe. ASWOWMr OF tONTtt. An AuVmmd of all dgtd, No and Iahmt M and to the Rants drum to real propety taken as colstenl ls mquled. M18lxLLANe01111 PROYd!<IOUL Tau following; uboeMs r msous provisions am a part of tie Matags: PAININd No i fo M mill"k IWN NoVaA a ,ratloa a bcona sea creme undo *nft and apeem ent of go pries as to the pW or parlessougtd b be durpd or bound by lr rbmlon cr am mac Mal eA`otlre Writes pan in wdMnp and agreed by kmaint. how RePonM. v the prgwrly is used for purposes afar Nan GmnWs raddonce. Grantor shill *Niah b Lender, upon mqual, a C a med side d d rhN aperafbp accede reaaved from the Prowry durlrp Gamrors prevhars boa yarn h duoh bum rd dell a Laden shall mqulre. Not opaa/rp Maeme" dial rran ad ash recepp iron the properly bra all cab emper tlfures made M cornmckm will Nee opualan or air Properly. CWft Hea dials. Owlon haadlrpe In lie Mortgage am tar convenience purposes only and are not to be used to kftw t or dNMp No Pine of ale Morbsoc sad Gallo Fauny?lh?aaMa. TM@ MQOW base aaepMd gr La me in NWIn ? «p law wo the hues of airs of " Man Is a wvA. Grantor agrees upon lanais request to wbmst to Nr Adsdsion a the court of Dauphin County, AM ad =seats) Lkft*. Al obApadons of Grantor under thls Morbape Mad be JoMt and awns, and all mfommes to Grantor shay men mach and sveryGrantor. This mesa that each Onion signlp below N mgmW * ford at *bm in 1Ns Mortgage. No Nfslver by Larder. Lender shall net are desmed b had Mashed any rrtfohts under cis ddorblpe Wntaa Juan wshw It Oven M warp sad diM by Lender. No dit or mobelon ca % pat of Lander M exeral fray may Alm slid cpente as a wow of moth drwb C arey cow roil. A wirer by L.eacW of a MvNdton of eras did not PmA dce or commum a WOW of Landsr?s dghtt ola plte b desrrad allot ooahplraos each sent praNygnh or any olhnf= of sic MwWp. No prior w" by Under. nor any ooadde of daaArp b0lMraala Le Whmw to nder and Grantor, Mal oonslbb a wusiwer any Of Lsndale rbW W of sa?y Of Greabr% a109Mlons as b ry IMM t ummallons, e of Lender Is mgrdred under lit Mefpdpe, Nu pradre of web epneerd by Ladder to any Msbaoe Mral not ommile Cmft mole consent n of subsegueM kWarroee whew such consent Is mpWd and M all saes such conwrd nay be grand or wiphhem M the SWWO lair. If a court d oampabM Jwbdlolon Ands any pmvblon of Nis l cAppe to be I mpat, NrMK «eanloro mbb a to person or dmuwAtmwm6 Himeaft,flis VW M OV shell not make to ofer DV pmvbbn Mead, swd4 or unadoros" so to any d ar , an err alt umsion e owndMp proNdorh ahaA a oaaldanw ahodgbd ao lNaraii l becomes toga, vrAd pfd smtppMbM. K lm alteadap hxpvMlon cannot be a moolMd< I MW be aonviderad d"W from Ws MorVage. unless otherwise regolnd by taw. to , Mveldtlt, or wanfcroabMly of arc pmAelon dills Mwl pa Mal not afoot the by , tadidly «? dry, oNar pmwdm d Fs Mcrspape. B(1864PG4356 MORTGAGE Loan No: 88nM8W (Continued) Page 7 M NW. There shall be no merger of to k*rM or ookle Coasted by ltds Mwtptpm wlh any oew Inlereet or sskb In to Properly at any Imo gaud by or for the bsrwlt of leader in any oapaclly, wWW lfw w Mm consent of loader. lluoMw 4allfteb. TM burrs of tds Mcdow dal be bkulkrp upon emator, and upon &vies hairs, trermond ropraerA*.Ift euoaeesas. and anion. and shelf be orftM hbb by tender and ge successes and u*w. Tom Is of the Fame. Tims k of tin manod in the performance of trb Martpape, ttfdve Jury. All 10 the MwWp hw*W w*ve IN rigid to any ft" bNd b any mom, p vi n p s era, of oowAwd" brought by aw pww = otwi pair. DEFNUFiM T w to mft capitalized words and forme shelf haw tw fdewing moon" when uad In 1W MaIM& Union mpecNoaly all Wad In ft ied ldit ocalwy. M pbherhale to dollar asounb shah awn amounts In kwM money d the Urid t"Wa of Ama . Wbrck and Mnas skpakr shelf kdurb be plum!. and theqMdell khckrdm is elngtiv, as ft ow+lsad mq? era 1- 4 - Words and W" not otorwbe defined In INIa Mwlpegs shall have to rhhankps alfdf?es to such terns in No Lkftm Oonmondd Oodw Aorrowar. The word 'Borrower' names Hwdoon F. M* and Kathleen T. Bkk and kwkWn all cadgruers and co--msbrs slgring to Noto. DdWL The wad Uektdr merge be Delad of bdh M thk Mmlpsge to No socbn itlad 9)miaull EArknnawatd L fUS. The wards SvikonmmMd here noon any and elf dab, 4sdwW and Joni alabAem, and oadkonoa aE to to prdmalfon d hhanen hemlMh or the emAronawd, indudnp wNhorA MmNdla? to CAmprM---9 p?w? and LkW Act d tM as amended, 42 US.C. Bsoon - wl, No end Ad of 1911% Pub. L No. Og dg0 ', lfhe llarmrrdous Matrkk Ta tietoaaoe Oonssrvalon and Reoowry Act. 42 U Baden SM. of aaq, or otw applb" dojo 49 USC. Baden bda+d Mere, Meador ro0 dons adopted Pwoumd lfhrdo. of D@ L The waft Tw d of Debu it mean any d ft ewnls of dvWA smt WM In Iii Morfg ge to yo a"* M doing ssow of #6 1010119000. Qaamto - The word "Qemdor' naara I lonison F. tdlnk and VAbleen T. Bunk. GW*tW. The %wd'Guaom W mean any pumynby rusty, or aooommodaen pay d any or of of the Indebbdnew Qu PO*. The word "GWAlydir ahlars ltd ttaaranly Mom liuamrulor b Lender. khdudkhg wtlho A lndkt0rh a tiwnanly d allor part d the Holifth as SdM%Aca. The wads liuand&A Sutislancee anon aotatds ttal, because of ttalr quanggr oorhoanbalfon dwmbd br tdwbus dh obd lm may amwmor posea p 1 a po-- itfmrd b gamer Mae or tw anNronaeat wM ierrF v MO pedal. skat, d%Possd o6 OmwdoA martufacg"*mwonbd or dgwwbe hamAerd. Tthe wada'14amredow used to M* wry tUxoaded asme and bduds sAhout l Male any uW sl hemavdow or t * VAWAm o% mdwkk or wade as udurlkhed bey or Isfad under the Emkownwiel Laws. The farm 1lauoardow Bubobww abo kftdoo, wow tlndlslfon, WORM and P*dwm b"roduds crony*adon lhorsdanded abs. kWfOVOMWW. The Word lmpmv&wW moons at P61M and *An Rea Properly, taarwftk a and oonsholon on ft fied?Property bdWbV% sass, enable homes agbrod on go toplecomento other I-111- Ckepe.. The ward Indeetednne moans all pdnckA* idrett, and COW amount, cc* w d vVeness payatrts under the Nob or RsMIW DOMnerA , top Ow wlfh al owev ale d, edrmto -a d, moontione ob oomdld ftw d and StAmtk tan a br the Nob or Rebid Dodumrdm and any amoanlt a pwided or advanoed by Lander b dbduW Granule db1141me hm or woos ea tnonrred by Lender b entoros Grantarb dblfgalons under sub Mw*pe, topetw wth bftwt on such amounts a prodldedin ihb Morip9 . Lender The wwrd % War' sauna llArAmM Bank . Its suooasws and aeslpra. MoApege. The word "NAOnpage' moue lee Mw*pe between Greater and Lender. Noll. The wad "Nate alas to pmndaay acid daded May 7, MIK In the OPt hW pry ONO" of SUlA N kom OM*or to Lender, bpeerer wNh all smolt of, aoftnNbnt at awdAoolone ot; smlrtaredngs aR eauwlddaw of. and ahollubw for lhs P 1r rots or spnement. NOTICE TO OPAWM- THE NOTE CONTANIS A VAtRMOLE uj jwM l<T pATE. Pme" hope fy. Tbs woads'T wsw d man H ogb*ren% MOM aril other articles of pereahad property now or haamter, owned by Qrador, and now or hamper =or dtlued b the Red Property; ?p Ow wllh M aoowlo - park, and wddllons b, al MPbOSMWk of. and IN eubatMr M for, any Of aweh propeft. and topetfw wu as Praaedm t kft willoxA MnhMabn all kanrance prooseds dad rdtm& of prem kw) from any sob or other dtlpoel en d the ft"*' Poop". The woad "Pnopw roam odAotwbr ter Red Pnopertyand the ft" M ft"v Red Properly. The words "Real Property' moan till red WePMy, Inlowls and dpfa6 acs hatwr clowbed In aria Lft%"e. RefaNd Doolewa t& The woft TAIakd DeoWMW mean all prondeawy win, well Weem eat. Isar sp"MorAs, OMMOMIW fir , phwhanlmm. sb' apreerrohds.morOM, dark of Mutt Nov* dads. oalalwd ahonfpapa, aid erg oNwr krctru wAN aproements and document. wtwther 00w or „awaliw addkp, roarkd In connedon w1h the Mdebbd O` Ranh. The word TAW means a1 preunt and Muse rants, revenues, kaome, bsum royalb% Web, and other bauelfts oofww from lfw Proparty. BK1864PG4357 MORTGAGE Moan No: 8878006835 (Continued) Pape 8 GRANTOR ACKNOWUMM IiIAVING READ ALL THE PR0111sKm OF THIS MORTGAGE, AID EACH GRANTOR AGREES To ITB EACH TERMS. THIS MORTGAGE E< GIVEN Mom sm AND R IS MOM THAT THIS MORTGAGE IS AND SMALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORMO To LAW. GRANTOR:- WK T. CER71RCATE OF RESIDENCE I hw*y awft that tN Pod" aftm of to a+ ftmo% rfllq? "N* . tNnl k fIckw. . M N.WM $SOW Strait, PA. Boos 7711, Hmds q, PA 17106 , . A « mm Iff Mo wgim INDIVIDUAL ACKNOWLEDGMENT COUNTY OF (/ll4?llJ I on Wk on dw of s0 b ebEwWiftld undo d t PtAp?h F. we (Or proWn) b the pa?aon whoa nanNt aWap*O 10 ba 111f7r11rtNflt, aad VW Nhyr AlOUtrd the Um Iof ttla OlMpoaa NIOIWII mftkwd. In w"m wmf*o.1 hmumo so my mm a" orAm No. pOTAA1M. BEM. PWM aW gkk of JAMEB A. MB1.k"S. Notr PvbNo ftm of Camp HK CwnbWW CMft PA MY comm(aba B"" " 0% am Bf i 864PG4358 SCHEDULE C D$SCRYPTION and RECITAL AM THAT CERTAIN lot or tract of ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follow.e? to wit.. SBGINNTNG at an iron yin on the eastern aide of South 32nd street at the co ne off pr arty now or formerly of John Keogh; thence along said 9 y line North 04 degrees 15 minutes West, a dlstanoe of 136.97 feet to an iron pin at the corner of a 15 feat wide alley= thence along said 155 feet wide allay, South 85 degrees 44, minu s Bast, a distance of 252.33 feet to an iron pin where said alley iiite*cte with another I5 :Feet pride. alley; thence along tho latter alley, South 04 degroas o9 minutes West, a distance of 93.45 feet to an iron pin at the corner of property now or formerly of John Keogh; thence along line of property now or formerly of Keogh, South 83 degrees 31 minutes West, a distance of 236.05 fee to in Iron pin, the place of 3380IHNINa. The foregoing description is drawn in accordance with a survey of D. P. Raffensper#ar. HAVING thereon erected a one story ofi-ce building known and numbered as 133 South 32nd Street. BEING the same premises which ?carry L, Rink and Jean F. Bink husband and wife and C. Kline Kunts and Pauline B. Kuntz, husband and wife bg Deed dated April 29, 1998 and retarded in Cumberland County, in Deed cok 176, page 484, conveyed unto Harrison F. Bink and Kathleen T. Bink., wife. husband an IN, I C:c ?v?i :ui to be recorded In Cumberland County PA Rawrder of Deeds O( ! 864PG4359 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FiLEL; Jody S Smith Chief Deputy 2010 X11 13: 2 29 r'` r Edward L Schorpp Solicitor csr? .K-,? u?tr> C! Sovereign Bank vs. Harris F. Bink Case Number 2010-487 SHERIFF'S RETURN OF SERVICE 01/25/2010 08:59 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2010 at 2059 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Harris F. Bink now known as Harrison F. Bink, by making known unto himself personally, at 765 Lancaster Avenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/25/2010 07:00 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2010 at 1900 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kathleen T. Bink, by making known unto herself personally, at 17 Stone Spring Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $85.40 January 26, 2010 SO A WE O NY/' ANDEE?N, SHERIFF ++ 1'n tcj GountySuite Shenff. Teleosoft. Inc. Jeffrey L. Goodman, Esquire 2 Aldwyn Lane 20-536-CM3 Villanova, PA 19085-1420 610-526-6313 Attorney I.D.# 62689 Attorney for Plaintiff Sovereign Bank Plaintiff VS. Harris F. Bink And Kathleen T. Bink Defendants TO THE PROTHONOTARY: : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No: 10487 Civil Term PRAECIPE Enter judgment in the sum of 667,349.15 in favor of the above named plaintiff and against the above named defendants for failure to file an answer in the above action in Mortgage Foreclosure within twenty (20) days from date of service of the Civil Action, and assess damages. I hereby certify that the correct addresses of plaintiff and defendant(s) are as follows: Plaintiff: 2 Aldwyn Lane Villanova PA 19085 cn C= ?:., Defendants: 765 Lancaster Avenue n Enola PA 17025 = © c, And -„ 17 Stone Spring Lane Camp Hill PA 17011 L. Goodman, Esquire v for Plaintiff c*d 78q 7z8- k-4?-o2.2e yaT hoL,ce- InaiLc Jeffrey L. Goodman, Esquire 2 Aldwyn Lane 20-536-CM3 Villanova, PA 19085-1420 610-526-6313 Attorney I.D.# 62689 Attorney for Plaintiff Sovereign Bank Plaintiff VS. Harris F. Bink And Kathleen T. Bink Defendants TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 10-487 Civil Term ASSESSMENT OF DAMAGES Kindly assess damages against the above named defendants as per Civil Action in Mortgage Foreclosure, as follows: Total per complaint $ 660,187.12 Additional interest on unpaid balances from 12/22/2009 to 3/4/2010 at $98.11 per diem $ 7,162.03 Total assessment $ 667,349.15 r' ey . Goodman, Esquire tt ey for Plaintiff AND NOW, to wit, this S!? day of 2010, damages are assessed as above. Pro Prothy Jeffrey L. Goodman, Esquire 2 Aldwyn Lane 20-536-CM3 Villanova, PA 19085-1420 610-526-6313 Attorney I.D.# 62689 Attorney for Plaintiff Sovereign Bank : Plaintiff VS. Harris F. Bink And Kathleen T. Bink Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 10487 Civil Term CERTIFICATION OF SERVICE Jeffrey L. Goodman, Esquire, hereby certifies that he is the attorney for the plaintiff herein; that Notice as provided in Rule 237.1 was given on February 18, 2010 and that the time limits provided for in that notice have expired as evidenced by the attached Exhibit I. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. fodman, Esquire Plaintiff DATED: March 4, 2010 Jeffrey L. Goodman, Esquire 2 Aldwyn Lane 20-536-CM3 Villanova, PA 19085-1420 610-526-6313 Attorney I.D.# 62689 Attorney for Plaintiff Sovereign Bank Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Harris F. Bink And Kathleen T. Bink Defendants No: 10487 Civil Term NON MILITARY AFFIDAVIT Jeffrey L. Goodman, Esquire hereby certifies that: 1. I am the attorney for the plaintiff herein. 2. The individuals involved in this action are the owner of the premises described in the mortgage underlying this action. 3. The procedures of my practice are designed to discover facts concerning the military status of the mortgagor(s) and/or real owner(s). 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendant(s) is/are not in the military. 6. On information and belief, named mortgagor(s) and real owner(s) is/are not incompetent nor a service member in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S. §4904 re at' / o y falsification to authorities. Odman, Esquire Plaintiff Dated: March 4, 2010 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS 1 Courthouse Square, Carlisle, PA 17013 Kathleen T. Bink 17 Stone Spring Lane Camp Hill PA 17011 Sovereign Bank Plaintiff vs. Harris F. Bink And Kathleen T. Bink Defendants David D. Buell, Prothonotary : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No: 10487 Civil Term Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $667,349.15 on March 4, 2010. David D. Buell Prothonotary ?X Judgment by Default Money Judgment F] Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration El Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney Jeffrey L. Goodman, Esquire at this telephone number: 610-526-6313. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary Harris F. Bink 765 Lancaster Avenue Enola PA 17025 Sovereign Bank Plaintiff VS. Harris F. Bink And Kathleen T. Bink Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 10-487 Civil Term Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $667,349.15 on March 4, 2010. David D. Buell Prothonotary ?X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings if you have any questions concerning this notice, please call: Attorney Jeffrey L. Goodman, Esquire at this telephone number: 610-526-6313. Jeffrey L. Goodman, Esquire 2 Aldwyn Lane 20-536-CM3 Villanova, PA 19085-1420 610-526-6313 Attorney I.D.# 62689 Sovereign Bank COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY Attorney for Plaintiff vs. Harris F. Bink And Kathleen T. Bink Defendants : No: 10-487 Civil 't'erm ~ ~ ..o ~ ~ '~ rn ~~ ~ .,' , ~ Ct,: A ~ ~~? ,K--~ ~~ ~~ ...J TO THE PROTHONOTARY: PRAECIPE TO ASSIGN JUDGMENT Kindly assign the Default Judgment in the above matter to PBE Companies, LLC. Dated: '3 ~d/4 ~/'~~~~_ r- % / ____-- By: . Goodman, Esquire Att rney for Plaintiff ~8.0o Pp ~-~( et co4o~rta SHERIFF'S•OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy F ' Richard VII Stewart Solicitor Sovereign Bank Case Number vs. 2010-487 Harris F. Bink (et al.) SHERIFF'S RETURN OF SERVICE 06/21/2010 07:43 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 1940 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 Harris F. & Kathleen T. Bink, located at, 133 South 32nd Street, Camp Hill, Cumberland County, Pennsylvania according to law. 06/21/20110 07:21 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 1919 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: Harris F. Bink, by making known unto, Harris F. Bink, personally, at, 765 Lancaster Avenue< Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06128/2010 05:46 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/28/10 at 1746 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. 09/08/20,10 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00o'clock A.M. He sold the same for the sum of $1.00 to Attorney Jeffrey Goodman, on behalf of PBE Companies, 2711 Centerville Road, Suite 400, Wilmington, DE 19808, being the buyer in this execution, paid' to Sheriff Ronny R. Anderson, the sum of $ SHERIFF COST: $888.87 SO ANSWERS, ,va November 09, 2010 RONN-q R ANDERSON, SHERIFF c Ccu ySAte Shuff. Te-o_.ot. inc. Ay C(??Py Jeffrey L. Goodman, Esquire Attorney for Plaintiff 2 Aldwyn Lane 20-536-CM3 Villanova, PA 19085-1420 610-520-6952 Attorney I.D.# 62689 Sovereign; Bank COURT OF COMMON PLEAS CUMBERLAND COU\'TY Plaintiff . NO: 10-487 Civil Term vs. Harris F. Bink And Kathleen T. Bink Defendants AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 JEFFREY L. GOODMAN, ESQUIRE, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was ailed the following information concerning the real property located at 1,33 South 32"a Street, Camp Hill, PA 17011: 1. Name and address of owne??) or reputed owner{) Harrison F. Bink a/k/a'Harris F..Bink - 765 Lancaster Avenue Enola PA 17025 Kathleen T. Bink 17 Stone Spring Lane Camp .Hill PA 17011 2: Name, and address of defendant(s) in the judgment: Harrison F. Bink a1k/a Harris F. Birik 765 Lancaster Avenue Enola PA 17025' Kathleen'T. Bink 17 Stone'Spring- Lane Camp Hill PA 17011 3. hTame.and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Belco Community Credit Union 449 Eisenhower Boulevard P.O. Box 82 Harrisburg PA 17108 4. Name and address of the last recorded holder of every mortgage of record: Sovereign Bank, successor in interest to Waypoint Bank 2 Aldwyn Lane Villanova PA 19085 .1\Tame and address of every.other person who has any record lien on the property: NONE 5. Name and .address of every other person who has any `record interest in the property and whose interest maybe affected by the sale: NONE i 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Cumberland County 13 N. `Hanover Street Carlisle PA 17013 Cumberland County Tax Claim Bweau 1 Courthouse Square Old. Courthouse Carlisle, PA 17013 PA Department of Welfare PO Box 267 Harrisburg PA 1710 Jeffrey L. Goodman, Esquire Attorney for Plaintiff 2 Aldwyn Lane 20-536-CM3 Villanova, PA 19085-1420 610=520-695 Attorney I.D.# 62689 Sovereiri'Banit COURT OF COMMON PLEAS CUMBERLAND COUl\'TY Plaintiff NO 10487 Civil Term VS. Harris F. Binh And Kathleen T. Bink .Defendants LEGAL DESCRIPTION ALL THAT CERTAIN W or teat of ground_situate in the Borough of Camp Hill, Gurnberland' County, Pennsylvania, amore particularly bounded and' described as follows, to wit: BEGIN NING at arr iron pin on the Eastern side of South 39nd St eet at the comer of property now or fommerty:of John Keogh; thence along said right of-way Iin% North did degrees 15 minutes West, a distance of 138.97 feet to an iron pin at th+e comer of a IS feet wide alley,, thence along said. 15 feet wide alley, South 85 degrees 44 minutes Fast, a distance of 2-34 feet to an iron pin where said alley intersects with another 15 feet wide alley; thence along the latter alley, South 04 degrees 09 rrninutes idlest, a distance of :9145 feet to an iron pin at, the comer of. Property now or formerly of John Keogh, thence along line of property now or formerly of Keogh, South 83 degrees 31 minutes West, a distance Qf236.0516et to an iron pin, the place of beginning. Trio foregoing description is drawn in fiance with a shy of D.P. Raftbnspor er: HAVINOthereon ere :cl a one- story offke :btWing lomown and ..num and as 133 South'32nd street. TAX PA)IM NtlMS01: 01-21-02734l Sovereign Bank Plaintiff VS. Harris F. Bink and Kathleen T. Bink Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 10-457 Civil Term NOTICE OF"SHERIFF'S SALE OF REAL PROPERTY TO: Harris F. Bink a/k/a Harrison F. Bink 765 Lancaster Avenue Enola PA 17025 77 ? THIS `OFFICE IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A.DEBT AND ANY INFORI9A7ION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANIMUP.7CY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO. BE AN ATTEMPT TO COLLECT A DEBT, BUT.ONLY,,ENFORCEMENT OFA LIENA.GAMST PROPERTY. The real estate and improvements, if any, located at. and known as .133 South 32nd Street, Camp Hitt, PA 11011 is scheduled 'to be sold,at the. Sherin Sale on,Seatember 8.2010 at 10:00 A:U. at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle PA 17013, to enforce the Court Judgment of 5667,349.15 obtained by Sovereign Bank (the mortgagee) against you. If the Sale is postponed, the property will be relisted for Sale. In the event the-sale is continued, an announcement willbe made at the said sale in compliance with PaY C.P. Rule 3129.3 NOTICE OF OWNERS RIGHTS YOUMAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take IMMEDIATE action: payments, late charges, :l. 'i'he sale will:be caneelled if you pay the mortgagee the back costs and reasonable attorney's fees due. To find outhow much you must pay, you may call 610= 526-6313, 2. You maybe able to stop the sale by filing a'petition asking theouft to strike or open the judgment, if the judgment was improperly entered. You may also ask`the ;Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. '.You nay contact an attorney to assert your rights. The sooner you contact one, the more ohan^c you ..will have of stopping the sale. (See notice on page two on how to obtain an attorney)' 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling 610-526-6313. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the 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 610=526-6313. 4. If the amount due from the buyer is not }paid to the Sheriff, you will remain the owner of the property as if the sale.never happened. 5. You have a .right to remain in the `property until the full amount due is paid to the Sheriff and.the, :Sheriff gives a deed to the, buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A - schedule of distribution of the money bid for:your house will be filed by the Sheriff on a date to be announced by the Sheriff. This -schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the -proposed distribution is wrong) are filed with the Sheriff within ten .(10) days after the Schedule of Distribution is posted: 71 '*i'ou may also. have other rights and defenses, or ways of getting your house 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 TIRE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer"Referral Service 717-249-3166 I1"ORTANT NOTICE: This property is sold at the direction of the plaintiff. 'It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Commonwealth Of Pennsylvania COUNTY OF CUMBERLAND Jeffrey L. Goodman, EsgWtre Attorney for Plaintiff 2: Aldwyn Lane 2p=S36-CM3 Villanova, PA 19085-1420 610-'520-6952 Attorney I.D-.# 62,689 i? Sovereign Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff NO: 10-487 Civil Term vs. Harris F. Bink and Kathleen T. Bink Defendants NO7[TCE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathleen T. Bink 17 Stone Spring Lane Camp Hill PA 17011 THIS ;OFFICE IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANRRUP CY, THIS IS NOTAND SHOULD NO BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEB;T,.BUT:ONLYENFORCEMENT OFA LIEA AGAIATST PROPERTY. The real estate and improvements, if any, located at:and known as 133 South 328' Street, Camp HiH, PA 17011 is scheduled to be sold at the Sheriffs Sale on September $, 2010 at 10:00 A-M. .at the Cumberland County Courthouse, 1 Couirthouse Square, Carlisle PA 17013, to enforce the Court Judgment of $667.349.15 obtained by sovereign Bank (the. mortgagee). against you. If the Sale is postponed, the property will be relisted for Sale. In the event the sale is continued, an announcement will be made at the said sale incompliance with i'a.&C.P. Rule 3129.3 NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take IMMEDIATE action: 1. The sale will. be cancelled if you pay the mortgagee the `back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may call 610- 526-6313., 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the-Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. `You may contact an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney) 1: If the Sheriffs Sale is not stopped, your property will be`sold to the highest bidder. You may find out the bid price by calling 610- 5?6-6313. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale willgo- 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 610=526-6313. 4. If the amount due from the buyer is not paid to the Sheriff, you will-remain the owner of the property as if the sale never happened. 5. You have a tight to remain in the property until the 'full amount due is paid to the Sheriff and the Sheriff gives :a deed to the;: buyer. At that time, the buyer may bring legal proceedings to evict you. .6." You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for -your house will be "filed by the Sheriff on a date to be announced by the Sheriff., This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution -is wrong) are. filed with the Sheriff within ten (10) days after the Schedule of Distribution is posted. 7. You may also have other rights and 'defenses, or ways of getting your house back if you act immediately after the ,We. YOU SHOULD TAKE THIS .PAPER TO YOUR LAWYER AT ONCE. IF YOU .DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FMID OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral' Service 717-24.9-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 800-990-9108; YWORTANT NOTIM This propertyis sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Commonwealth Of Pennsylvania COUNTY OF CUMBERLAND ` 4: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-487 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From HARRIS F. BINK and KAHTLEEN T. BINK (I) 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 $667,349.15 Interest from 3/5/10 to 9/8/10 @ 6% -- $20,623;60 Atty's Comm % L.L.$.50 Due Prothy $2.00 Atty Paid $217.90 Plaintiff Paid Date: 4/29/10 (Seal) REQUESTFNTG PARTY: Name: JEFFREY L. GOODMAN, ESQUIRE Address: 2 ALDWYN LANE 20-536-CM3 VILLANOVA, PA 19085-1420 Attorney for: PLAINTIFF Telephone: 610-520-6952 Supreme Court ID No. 62689 Other Costs David D. Buell, Protho otary By: Deputy On June 14, 2010 the Sheriff levied upon the defendant's interest in the real:property situated in Camp Hill Borough; Cumberland County, PA, Known and numbered as, 133 South 32A Street Camp Hill, more fully described on Exhibit "A" filed with this w ii and h3; this reference incorporated herein. Date: June 14, 201`0 By Rea state Coordinator 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: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' a Marie Coyne, EN-tor SWORN TO AND SUBSCRIBED before me this 30 da of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH. CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Writ '.0o, 2010-487 CI* Sovereign Bank: vs. Harris F Binh a/k/p !iarrison F. Birin, Katl,.ec_i T. Bink Atty.: Jefre` L. i-.oo;:rna'„ ALL TF,,',T CERTAIN lct or tract of ground sit.tz e in ttie Borough of Carnp F-I+il, Cumberlarnd Coutly' - Perin s '.,;ani.a, more particularly bounded and described as follo<?.-s, to wit: BEGININ.I ING a- air iron pin on the Eastern side of South 32nd Street at the tcrner o£ property tnou° or for;~nerly> of Joha- Keogh; thence, along said rigbt-ot :,gay line, Nni-ta 04 degrees .5 minutes `Nest, 2- dis- tance of 138.97 fee, w ar, iron pi.r-t at the corne. c_` a 1 ? feet x z e alley; ther•ce along said lo` feet wide alley, South 85 degrees -!4 minutes East. a distance, „ 25 .31 feet tip an iron pin where said alley intersects u'itl: another 15 feet wide alley; thence along the latter Glle;, South 04 de- green 09 jr inutes West, a disia- ce of 93 45 feet to an iron pin at tLe corner of property now or formerly cf John Keogb; thence along line of property r,ow or formerly of Keogh, South 33 degrees 3i minutes Wiest, a distance of 236.05 feet to an iron pin, the place of beginn=.ng. Ti-TF foregoing description is drawn in accordance with a survey of D. P. Raffonsporger. L -c. ,'JNG thereon e-e: tcd a one 8t0=?r iaG? ??l7id.i=1g ?n7Vv i,- 2R('i Illl{71° ? bered as 133 South 32=-d Street. TA;4 PARCEL NUM FR.: 01.21- 0273-4s1, The Patriot-News Co. X20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 14t;?Jah?ot-ilews Now you know CARLISLE PA 17013 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since That the printed notice or publication which issecurely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 f 07/16/10 07/23/10 ........ Sworn t d subscribed before e t 05,' y f August, 2010 A. D. e? Notary Public iw?3MMr IVtPV IaTH F P N14SVL ??`I4 Sh rri? N rint sseaA Lt?uv r 2 nK, r, Notayy pubiic My Cam uxpj Dauphin COU n ?sty Member, ro m ?aor?? ennsyivania A so 1 f)ar ,r 201, Of rotaries Writ No. 2010487 Civillfernr Sovereign Bank Vs Harris F. Bink a/k/a Harrison F. Bink Kathleen I Bink Atty: Jeftrey L. Goodman L THAT CERTAIN 1ni ,n V0 ,f ground '?uateinihel??,rou;hurt amE]Iiil.Cumbezland (?nmiv P?[n??l?anin.?n?xc?.uiicuLtrkMtrnctcYl :;? ?c?r??h;'L a> fullou.. lu u'IC. !'fLGINiNNING t an iron pi+r "r ih? fa-tarn <ide r,i ')uuth ?soJ Sifted A MC ,JIM of r J ,r ,,:v. or fi?nn? t} n, Inhn h ?,;h. tltien?e n-ht-oP?a.lrnz.5o h?d(1_re,'15 ?,ninne>?`ra a.li?l,u ,Jlz 1)7 loan iron ain at the wider of r , wo(e aJ)c?r: thence don, Said 15 feetww" a11. c. S, wh';' &e Lees -- minutes East, a distance -J 21 +if,a t,? an iron pin Where Said alley inilro. ?I 0I. are :her i5 feet wide aitey: thence ,.l?,m_ thz h,n?r:,Iley, South t4degeeSU9'n+„ut.,Wt'',t ,dicranc;ro[ 3,4i feel to an iron Pin at ?!c -m r , I w opcrt? -noii ca fn?crly cf John Ern ?11 11 nc? along 'I,ieofproperty now,, t'.'nnerlvni KL"gh, South degteas ?l ??,tz? 11aa, :, d6t a ?t ?f2?F.l)5 et to an iron piv. tt ? ,-,_,- r of ?. nnu?, THE-fore4oinp.d??r?t?i_m r.drautnn, onj,ma' vithasurwyADY Falionti? eJc JiAVING thereon a ;I;,, Ave aildine known and numbered as 63 South Ind Street. TAAPARCEL NUMBER: 01.21-0273-41 I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which PBE Companies LLC is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 29th day of A ril, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 487, at the suit of Sovereign Bank against Harris F & Kathleen T Bink is duly recorded as Instrument Number 201032785. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 10 day of A.D. -a6 1D ecor of Deeds ?Y Commission expires ? Fsst Nor d Jen.2ai4 1 w , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PBE COMPANIES, LLC, use Plaintiff and assignee of SOVEREIGN BANK, successor-in-interest to Waypoint Bank, Petitioner Civil Action V. No. 10-487 HARRISON F. BINK, Respondent and BINK PARTNERSHIP, INC., Additional Respondent ANSWER AND NEW MATTER PETITION TO FIX FAIR VALUE 17 7- I FNI AND NOW, this day of March, 2011, comes Harrison F. Bink, Respondent, and Bink Partnership, Inc.., Additional Respondent, by counsel Knupp Law Offices, LLC, and responds to the Petition to Fix Fair Value stating: 1. Denied. Respondents have no independent knowledge upon which to formulate a belief concerning the identity of the Petitioner. 2. Admitted. 3. Admitted. 4. Denied as stated. Proof of the suretyship is demanded. 5. The response to paragraph 4 is incorporated by reference. 6. Admitted. 7. Admitted. 8. Admitted. 1 r ti 9. Denied as stated. To the best of the knowledge and belief of the Respondents, the Bankruptcy Petition filed by Kathleen T. Bink is no longer in effect. Further, Respondents have no knowledge as to the reasons for the release by Petitioner of Kathleen T. Bink from further liability. 10. Admitted that a sheriffs sale occurred on September 8, 2010. 11. Denied. A copy of the Assignment, as required by Pennsylvania Rules of Civil Procedure, is not attached. Therefore, Respondents cannot formulate an opinion or judgment concerning the veracity of the averment. 12. Admitted upon information and belief. 13. Admitted upon information and belief; no copy of the conveyance, or recordation information is attached. 14. Admitted upon information and belief. 15. Admitted upon information and belief. 16. Admitted as to the payment. 17. Admitted. 18. Denied. The purpose of the filing of the Petition should not be to seek "liquidation value." Instead, 42 P.S.A. §8103(a) states, in part, "... the judgment creditor shall petition the Court to fix the fair market value of the real property sold." (Emphasis added). Further, New Matter is incorporated herein. 19. No response is needed to this averment NEW MATTER 20. As recently as late February, 2011, Manual J. Vales, IV, Senior Vice President of Sovereign, attempted to marketthis propertywithin the range of Five Hundred and Fifty ($550,000.00) to Five Hundred Seventy-Five Thousand Dollars ($575,000.00). 2 I r copy of an email exchange between him and Keith Sultzbaugh is attached hereto as Exhibit "1" and is incorporated by reference. 21. Part of the charges assessed against Respondents as costs (paragraph 17) involve appraisal fees for the amount of Three Thousand Eight Hundred Dollars ($3,800.00). 22. Despite incurring said appraisal fees, there is no mention made in this Petition of any appraisal of the property to determine its fair market value. WHEREFORE, Respondents respectfully request this Court to hold a hearing to fix the fair market value of the property in a sum in excess of the "liquidation value" of Three Hundred Eighty Thousand Dollars ($380,000.00). Respectfully submitted, KNUPP LAW OFFICES, LLC 4 -V-- Robert L. Knupp PO Box 630 407 North Front Street Harrisburg, PA 17108 (717/238-7151); FAX (717)238-7910 robert.knuppe-verizon.net 3 A t } Robert L. Knupp From: Harrison Bink [harrison@bink.net] Sent: Tuesday, March 08, 2011 7:58 AM To: robert.knupp@verizon.net Cc: 'Pat' Subject: I am forwarding this pursuant to our discussion I am forwarding this pursuant to our discussion From Keith [mailto:keith@apex-realtors.com] Sent: Monday, February 28, 20117:00 PM To: h?rrison@bink.net Subj : FW: Please give me an update From# Vales IV, Manuel J [maiIto: MVales@sovereignbank.com] Sent:;Monday, February 28, 20116:22 PM To: Kith Subject: FW: Please give me an update Keith; To elaborate on the previously sent email below. Please be advised that the asking price on the Bink 80149 in Camp Hill will be $550M-$575M. If you need to get into the property with any of your clients, we can arrange that with our property manager as previously noted. I wanted to be sure you had our Asking Price Range. We are not going into an exclusive at this time but will be taking offers from the 4 or so brokers who have called and indicted they have clients. If we do not get an acceptable offer price we will reassess and may then consider interviewing Brokers for a 6-month Exclusive Listing. So if one of your clients is interested in writing us an offer for us to consider then please feel free to do so. Caul with questions. Thanks Manny ksowt"`+E igff Manu I J. Vales, IV Senior Vice President Sovereign Santander i a' EXHIBIT a 4 The information contained in this message is the property of Sovereign Bank, PBE Companies, LLC and/or its direct and indirect subsidiaries and is intended only for the confidential use of the persons or entities to whom it is addressed. This message, together with any attachments, is proprietary and confidential and may contain inside information. If the reader of this message is not one of the addressees set forth above or has otherwise received it in error, the reader is hereby notified that any reading, disclosure, copying, distribution or taking of any action in reliance on the contents of this transmission is strictly prohibited and are directed o destroy this message, together with any attachments, and notify the sender at 401-752-1002, and any review, dissemination, use, or distribution of this message or any attachment(s) is prohibited. This message should not be forwarded to any other person without the consent of Manuel J. Vales, IV. Thank you Froi Vales IV, Manuel Sent: Thursday, February 17, 20117:44 PM To: 'K ith' Subj : FW: Please give me an update Keith If you need to bring any of your clients into the subject property- please advise of dates and I can have our properFty manager let you in. Thanks Manny Sow1wilf Manuel J. Vales, IV Seniors Vice President Sovereign I Santander The information contained in this message is the property of Sovereign Bank, PBE Companies, LLC and/or its direct and indirect subsidiaries and is intended only for the c nfidential use of the persons or entities to whom it is addressed. This message, together with any attachments, is proprietary and confidential and may contain nside information. If the reader of this message is not one of the addressees set forth above or has otherwise received it in error, the reader is hereby notified that any reading, disclosure, copying, distribution or taking of any action in reliance on the contents of this transmission is strictly prohibited and are directed to destroy this message, together with any attachments, and notify the sender at 401-752-1002, and any review, dissemination, use, or distribution of this message or any attachment(s) is prohibited. This message should not be forwarded to any other person without the consent of Manuel J. Vales, IV. Thank you Froi Vales IV, Manuel J Sent:IThursday, February 17, 20117:35 PM To: 'Keith' Subject: Please give me an update Keith-' Our asking price on the subject property located at 133 5 32nd Street will be in the range of $550M to $575iM. If your clients want to submit an offer please feel free to do so. Thanks Manny St}w'rci it Manuel J. Vales, IV Senio Vice President Sovel ign I Santander 2 The info ation contained in this message is the property of Sovereign Bank, PBE Companies, LLC and/or its direct and indirect subsidiaries and is intended only for the confidential use of the persons or entities to whom it is addressed. This message, together with any attachments, is proprietary and confidential and may contain i side information. If the reader of this message is not one of the addressees set forth above or has otherwise received it in error, the reader is hereby notified t at any reading, disclosure, copying, distribution or taking of any action in reliance on the contents of this transmission is strictly prohibited and are directed o destroy this message, together with any attachments, and notify the sender at 401-762-1002, and any review, dissemination, use, or distribution of this message or any attachment(s) is prohibited. This message should not be forwarded to any other person without the consent of Manuel J. Vales, IV. Thank you From Keith [mailto:keith@apex-realtors.com] Sent: Tuesday, February 15, 20116:24 PM To: Vales IV, Manuel 3 subject: Please give me an update Mr. Vales, please let me know the status of 133 S 32nd St, Camp Hill, Pa. Keith 5ultzbaugh, CCIM, President 6\6 Swk,t?vIf, jt5ffio1 lntf;rue_rta c.uTr- - Prr tri.v. Phone- (717) 307,APEX (2739) Cell: (717) 560.7426 Fax: (717) 307?2763 Keitt7 ape>( realtr?rs,corn ll?l P ? ?< +? 7t:n?o-G Ktnsa Su Iri ! ,,, Hi; PA 1I RE ALTO R.6 -keith Broker of Record License #RM421030 Certified Broker/Appraiser Certificate #BA003256L APEX ?roker License# RB066745 2008 -?Co-founded Apex Realtors "A full service real estate company." 2007 -(Approved as instructor for Real Estate Appraisal courses at the Institute of Real Estate Studies in Camp Hill. 2005 -',Celebrated 30 years in Commercial Real Estate 2004 -(Voted Harrisburg Magazine's "Reader's Choice for Commercial Realtor" Quote of the week: "Dreams get you started, discipline keeps you going. "- Anonymous The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above This message may be an agent-client communication, and, as such, is privileged and confidential. If the reader of this mess ge is not the intended recipient, you are hereby notified that you have received this document and all attachments in error, and that a by review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this e-mail Comm nication in error, please notify us immediately by e-mail, and delete the original message at once. Thank you. APEX Realtors, LLC 3 This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail, and delete or destroy the message. Thank you. r VERIFICATION 1, Harrison F. Sink, verify and state that the facts set forth in the within document are true and correct to the best of my ksiowledge, information and belief. I submit this Verification pursuant to 18 pa . C . S . A.. 54904 dealing With falser statements and relating to unsmorn verification to authorities. HAR'?IF. BI{?I? DATE: .L.._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PBE COMPANIES, LLC, use Plaintiff and assignee of SOVEREIGN BANK, successor-in-interest to Waypoint Bank, Petitioner V. HARRISON F. BINK, Respondent and BINK PARTNERSHIP, INC., Additional Respondent Civil Action No. 10-487 CERTIFICATE OF SERVICE On this /day of March, 2011, 1 hereby certify that the within Answer and New Matter have been served by United States First Class Mail, Postage Prepaid, on the following: Jack M. Seitz, Esquire Zachery J. Cohen, Esquire Lasavoy Vutz & Seitz, LLC 7535 Windsor Drive, Ste. 200 Allentown, PA 18195 Attorneys for PBE Companies, LLC KNUPP LAW OFFICES, LLC Robert L. Knupp PO Box 630 407 North Front Street Harrisburg, PA 17108 (717/238-7151); FAX (717)238-7910 robert. knupp(&-verizon. net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PBE COMPANIES, LLC, use plaintiff ) and assignee of SOVEREIGN BANK, ) successor-in-interest to Waypoint Bank, ) Petitioner ) V. ) HARRISON F. BINK, ) Respondent ) and ) BINK PARTNERSHIP, INC., ) Additional Respondent ) ORDER AND NOW, TO WIT, this 04- day of CIiL(' , 2011, upon consideration of the attached Petition, it is hereby Ordered that: 1. a Rule is issued upon the respondents to show cause why the petitioner is not entitled to the relief requested; 2. the Respondents shall file an answer to the petition within twenty (20) days of service; 3. the Petition shall be decided under Pa.R.Civ. P. No. 206.7; 4. depositions shall be completed within '/.S days of this date; 5. argument shall be held on 3 , a 0 I / in Courtroom L/ of the Cumberland County Court of Common Pleas i 15 a /n , Carlisle, Pennsylvania; and 6. the Petitioner shall provide notice of entry of this Order to all parties. BY THE COURT, ;+ak M . Seitz, E-57- aided Bink R rt-nership.7 d ???e „ Rarriwn F.'ink 3I ? o /0 - J. W U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PBE COMPANIES, LLC, use plaintiff and assignee of SOVEREIGN BANK, successor-in-interest to Waypoint Bank, Petitioner V. HARRISON F. BINK, Respondent and BINK PARTNERSHIP, INC., Additional Respondent Civil Action No. 2010-487 REPLY TO NEW MATTER r t CD CD ?- =, Petitioner, PBE Companies, LLC, as the assignee of Sovereign Bank (successor-in- interest by merger to Waypoint Bank), by and through its legal counsel Lesavoy Butz & Seitz LLC, replies to Respondents' New Matter as follows: 20. Denied as stated. Petitioner admits that Petitioner received advice from a realtor to list the property for $550,000 - $575,000, but Petitioner does believe the fair market value of the property is in that range. By way of further reply, the amount for which Petitioner sought to market the property does not control its fair market value, as asking price and fair market value do not coincide; moreover, Petitioner's effort to market the property at the designated price failed to attract a buyer, proving that the asking price was not an indication of the property's value. Petitioner requests strict proof of all averments not expressly admitted herein. 21. Admitted. 22. Denied as stated. Petitioner denies the Petition makes no mention of any appraisal. To the contrary, in Paragraph 18, the Petition states that the liquidation value of the property was no more than $380,000. Petitioner requests strict proof of all averments not expressly admitted herein. WHEREFORE, Petitioner respectfully requests that the Court (A) fix the gross value of the Subject Property at $380,000; (B).fix the priority claims for unpaid taxes and municipal charges against the Property at $27,088.36 and subtract them from the gross value of the Subject Property; (C) fix the costs and expenses Petitioner incurred in foreclosing on the Subject Property at $7,377.33 and subtract them from the gross value of the Subject Property; and (D) award such other relief as the Court deems just. LESAVOY BUTZ & SEITZ LLC Jack . e' , E uire k'4 A Att o. 026 Zacey. Cohen, Esquire Attorney No. 91119 One Windsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for PBE Companies, LLC 2 VERIFICATION I, James Pesavento, hereby state and verify that I am a Vice President of Sovereign Bank, which is affiliated with PBE Companies, LLC, that I am authorized to make this verification on behalf of Sovereign Bank, that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I make this verification on behalf of Sovereign Bank because many of the facts described in the Petition relate to Sovereign Bank. I understand that false statements herein are made subject to the penalties of 18 Pa.S.C. §4904 relating to unsworn falsification to authorities. Date: April, 2011 vento, V.P. 2 s 7Pesa Soverein Bank CERTIFICATE OF SERVICE I hereby certify that on April L!, 2011, 1 served a true and correct copy of Petitioner's Reply to New Matter by first class mail upon the following: Robert L. Knupp, Esq. 407 North Front Street P. O. Box 630 Harrisburg, PA 17108 Dated: April 17, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PBE COMPANIES, LLC, use plaintiff and assignee of SOVEREIGN BANK, successor-in-interest to Waypoint Bank, Petitioner V. HARRISON F. BINK, Respondent and BINK PARTNERSHIP, INC., Additional Respondent Civil Action No. 2010-487 ?rn ?r -t N x rn r.? PETITIONER'S UNCONTESTED MOTION FOR A CONTINUANCE 'HE MAY 3, 2011, ARGUMENT ON ITS PETITION TO FIX FAIR VALUE (?i " - c T o ter; Petitioner, PBE Companies, LLC, use plaintiff and assignee of Sovereign Bank, successor-in-interest to Waypoint Bank, by and through its attorneys Lesavoy Butz & Seitz LLC, respectfully submits this uncontested motion to continue the May 3, 2011 hearing scheduled on its Petition to Fix Fair Value, and in support thereof, avers as follows: I. The moving party is Petitioner, PBE Companies, LLC, with an address c/o James Pesavento, 235 North Second Street, Harrisburg, PA 17101. 21. On March 3, 2011, Petitioner filed a Petition to Fix Fair Value pertaining to the judgment entered in this case. 3? By Order of March 11, 2011, the Court scheduled argument on the Petition to Fix Fair Value for May 3, 2011. A true and correct copy of this Honorable Court's Order is attached hereto, made a part hereof, and marked as Exhibit A. 4. Counsel for both parties are unavailable on May 3, 2011, due to previously scheduled appearances elsewhere. a. Petitioner requests that argument on its Petition to Fix Fair Value be continued to the next lavailable argument date. Respondents concur with this request. RE, Petitioner requests that this Honorable Court continue the argument for May 3, 2011, on Plaintiff's Petition to Fix Fair Value to the next available date. LESAVOY BUTZ & SEITZ LLC `V Ja . Seitz, squire ey No. 026 ach en, Esquire Attorney No. 91119 One Windsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for PBE Companies, LLC use plaintiff and assignee of Sovereign Bank, successor-in-interest to Waypoint Bank 2 CERTIFICATION OF CONCURRENCE I, hereby certify that Robert L. Knupp, Esquire, counsel for Respondent and Additional Respondent, consents to the continuance of the May 3, 2011 argument. CERTIFICATE OF SERVICE T hereby certify that on April 25, 2011, I served a true and correct copy of Petitioner's Uncontested Motion for a Continuance of the May 3, 2011 Argument on it Petition to Fix Fair Value by facsimile and first class mail upon the following: Robert L. Knupp, Esquire 407 North Front Street P. O. Box 630 Harrisburg, PA 17108 Phone: (717) 238-7151 Facsimile: (717) 238-7910 Dated: April 25, 2011 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PBE COMPANIES, LLC, use plaintiff and ass?gnee of SOVEREIGN BANK, success r-in-interest to Waypoint Bank, Petitioner V. HARRISON F. BINK, Respondent and BINK PARTNERSHIP, INC., Additional Respondent ORDER t= c? Civil Action Y c? r 1 ?..? 1 r,'..°. Jrii r '? No. 2010-487 w AND NOW, TO WIT, this / day of , 2011, upon consideration of the attached Petition, it is hereby Ordered that: a Rule is issued upon the respondents to show cause why the_petitioner is not entitled to the relief requested; the Respondents shall file an answer to the petition within twenty (20) days of service; the Petition shall be decided under Pa.R.Civ. P. No. 206.7; 4. depositions shall be completed within 5/,S days of this date; argument shall be held on ?}' 3 a? D // in Courtroom y of the timberland County Court of Common Pleas R i /5 Q t , Carlisle, Pennsy vania; and (. the Petitioner shall provide notice of entry of this Order to all parties. k M. Seifz,857 . Fink Rrtnersh'ip, ,6+ k0rison F.-Bnk Cope 1? fil 3? ! p1C? . J: BY THE COURT, y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PBE COMPANIES, LLC, use plaintiff ) and assignee of SOVEREIGN BANK, ) successor-in-interest to Waypoint Bank, ) Petitioner ) V. ) HARRISON F. BINK, ) Respondent ) and ) BINK PARTNERSHIP, INC., ) Additional Respondent ) ORDER Civil Action No. 2010-487 c? w C c' `n cnr" ?o ? -7 AND NOW, this day of , 2011, upon consideration of Plaintiff's 4 2 ?/" - Uncontested Motion for a Continuance of the May 3, 2011 Argument, it is hereby ORDERED that the argument scheduled for May 3, 2011 on Plaintiff's Petition to Fix Fair Value is continued to J&2 A6-, 2011 in courtroom _ of the Cumberland County Court of Common Pleas at 3 106 a,ni,/p.m. Carlisle, Pennsylvania. BY THE COURT: ??olaerf L. I nupp, ado M . se it , &q 00pies Pao W 11 nM J. PBE COMPANIES, LLC, use plaintiff and assignee of SOVEREIGN BANK, successor-in-interest to Waypoint Bank, Petitioner VS. HARRISON F. BINK, Respondent and BINK PARTNERSHIP, INC., Additional Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-0487 CIVIL 7: C:7 IN RE: PETITION TO FIX FAIR VALUE BEFORE HESS. P.J. ORDER AND NOW, this 21' day of June, 2011, after hearing and review of the memoranda filed by the parties, the Court herewith fixes the fair market value of the property located at 133 South 32"d Street, Camp Hill, Pennsylvania 17011 at $495,000, less the stipulated amounts for taxes and foreclosure costs of $27,088.36, and $7,377.33, respectively. BY THE COURT, 4 / Hess, P. J. ?Jack M. Seitz, Esquire For the Petitioner Robert L. Knupp, Esquires ?l For Respondent and Additional Respondent 46 Q -).)t j 60 c,c, o? -0-u PPrIA6u° ( IN THE COURT OF COMMON PLEAS 061a- a P - 6 '1,,' OF CUMBERLAND COUNTY, PENNSYLVANIA C U, JQ, I a Kd 'w '7?17SLl IUCQ.+?t PBE COMPANIES, LLC, use plaintiff CIVIL ACTION -LAW and assignee of SOVEREIGN BANK, successor-in-interest to Waypoint Bank Plaintiff No. 10-0487 Civil VS. HARRISON F. BINK, and BINK PARTNERSHIP, INC. Defendants Deficiency Judgment ASSIGNMENT OF DEFICIENCY JUDGMENT The Plaintiff, PBE Companies, LLC, by and through its counsel, Jack M. Seitz, Esquire of Lesavoy Butz & Seitz LLC, use plaintiff and assignee of Sovereign Bank, successor-in-interest to Waypoint Bank has transferred, assigned, and set-over all of its right, title, and interest in and to the Deficiency Judgment entered in the subject matter to Sovereign Bank, N.A., without recourse.' Sovereign Bank, N.A. shall hereinafter be s stituted a the plaintiff in said matter. Dated: Z? LZ By: Plaintiff -$ R.5b ao? CLw vle?? b3 O?{