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HomeMy WebLinkAbout01-1088PNC BANK, NATIONAL ASSOCIATION Plaintiff CHARLES E. B1NGMAN AND CONNIE L. BINGMAN Defendants 1N THE COURT OF COMMON PLEAS CUMBERLANDCOLrNTY, PENNSYLVANIA NO. Or- CONFESSION OF JUDGMENT CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in tbSs action, I appear for the Defendants and confess judgment in favor of the Plaintiff and agah~st Defendants as follows: Principal Other authorized items: Interest to January 31, 2001 Attorney's Commission $ 78,166.14 $ 2,943.17 $ 8,110.93 TOTAL $ 89,220.24 Date: Respectfully submitted, SAIDIS, SHIflFF, FLOWER & L1NDSAY S~:uplreM~eL~doebu~°~5E~;e 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 PNC BANK, NATIONAL ASSOCIATION : 1N THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI~ CHARLES E. BINGMAN AND CONNIE L. B1NGMAN Defendants CONFESSION OF JUDGMENT CWIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is PNC Bank, National Association, 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011. 2. The names and last known address of the Defendants are Charles E. Bingman and Connie L. Bingman, 712 Hilltop Drive, New Cumberland, Pennsylvania 17070. 3. Defendants executed and delivered to Plaintiff a Promissory Note ("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Defendant is in default of Defendant's obligations to make payment to Plaintiff as required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note. A copy of Plaintiffs demand is attached hereto as Exhibit "B" and made a part hereof. 5. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. There has not been any assignment of the Note. 7. Judgment has not been entered on the Note in any jurisdiction. 8. The amount due to Plaintiff as a result of Defendants' default is as follows: Principal Interest to January 31, 2001 Attomey's Commission TOTAL 9. $78,166.14 $ 2,943.17 $ 8,110.93 $89,220.24 Interest continues to accrue at the default rate provided in the Note WHEREFORE, Plaintiff demands judgment against Defendants, Charles E. Bingman and Connie L. Bingman, as authorized by the warrant of attorney contained in the Note for Eighty Nine Thousand Two Hundred Twenty and 24/100 ($89,220.24) Dollars, plus interest from and including the date of this Complaint and judgment entered hereon at the default rate provided in the Note, additional legal fees and costs of suit. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 ,~p iJ--E~l 11:22 PNC BANK ?177302373 P.02 PROMISSORy NOTE may ~ m ~ ~i~ ~m ~ ~ ~ ma~ ~ Len~, w B~t~ ~ ~ ~m~y ~ Or ~ ~form W~n d~e any ~ ~m, ~, ~ ~ (d) Any r~d~ 3 s~ mad~ ~ ~(~ ~ ~nO~ by ~ or ~ ~s t~ ~ ~d ~ ~ L~ ~ ~ d~ ~d ~n ~wer ~ pay ~ ~m. ~ ~, ~, et ~ ~, ~y ~, if ~ u~ ~ law. i~ ~ ~ ~ an ~ ~y. ~ ~ ~, ~( L~ ~1 am~m. T~ I~,,s~ ~ any P~ ~ ~ ~. Len~ ~ any a~ma~ ~y ~ fHu~afl~, a~, and ~ ~ ~r~ c~on ~. IF ~ w~ pay a~y ~ ~, iff ~ ~ ~ ~ su~ ~ ~ ~w- ffJ~ is ~ ~ ca~ ~ ~&~, LO~ ~ ~y ~ t~o enf~ any d ~ ~ m ~ ~ ~ ~ w~ ~ ~n ~ ~ ~ ~ e~ ~ N~, ~ me ~ ~ a~ ~w, ~,~ ~n~ may ~ ~ ~n ~f ~ ~-~nr M ~ n~ to any~ ~e, ~n ~ ~ ws~ whom ~ ~ ~ESS~ ~ ~. ~ER ~BY I~V~LY ~TH~S ANO ~WER~ ~ A~ ~ T~ ~TA~ r~-i~-2k~O1 11: 24 PNC BANK ?177~0~37~ P. 03 (Conun~d) NOTE. ~ ~ W~S ~ R~ ~ ~Y ~ ~ ~ ~ TO A ~RI~ IN ~N~ION W~ AN TOTAL P.03 Camp Hill, PA 17011 E-mail: eri¢.krimmal~pncbank-cgm . Assistant Vice President (717) 730-2492 Tel (717) 730-2373 Fax Certified and Regular Mail PNC Capital Recovery Corp. September 28, 2000 Mr. Charles E. Bingmun Modem Concepts, Inc. d/b/a Sun Capsule 734 State Street Lemoyne, PA 17043 Ms. Connie L. Bingman 712 Hilltop Drive New Cumberland, PA 17070 Obligor/Obligation Nos.: 30934705-600712209 ($96,000 Loan) 30934705-601000666 ($176,000 Loan) Dear Mr. Bingmun: Dear Modem Concepts, Inc: Dear Ms. Bingman: As you know, you are obligated to PNC Bank, National Association ("PNC") for the above-referenced loan accounts (the "Loans"), as evidenced by certain Notes, Commemial Guaranties, and other related loan documents (the "Loan Documents"). As you also know, you are in default under the Loans and Loan Documents for your failure to make payments when due to PNC, which constitutes an Event of Default under the Loans and Loan Documents. As a result of the above Event of Default, all liabilities and obligations under the Loan and Loan Documents have been accelerated and all liabilities and obligations under the Loan and Loan Documents are immediately due and payable to PNC. As of this date the amount due under the Loan and Loan Documents is as follows: Obligor/Obligation Nos.: 30934705-600712209 ($96,000 Loan) Principal $78,166.14 nterest to 12/11/00 1,504.70 Total $79,670.84 plus satisfaction fees and costs Per Diem $17.91 December 11, 2000 Page 2 . Obligor/Obligation Nos.: 30934705-601000666 ($176,000 Loan) Principal $164,332.32 Interest to 12/11/00 4,023.69 Total $168,356.01 plus satisfaction fees and costs Per Diem $36.52 Please be advised that pursuant to the terms of the Loan Documents you ate hereby notified that PNC has exercised its fight to increase the interest rate on the above two (2) loan accounts by five percent (5%) percentage points effective this date. Please be advised that unless payment in f~ll is immediately delivered to PNC Bank, National Association at 4242 Carlisle Pike, Camp Hill, PA 17011, in the form ora eashier~ cheek or money order, PNC shall take all action it deen~ appropriate to collect the above sums due and owing, preserve, protect and enforce its rights under the Loan and Loan Documents. Very t~uly yours, PNC Capital Recovery Corp. Eric D. Krimmel Assistant Vice President Certified Mail Nos.: Z 231 540 961 Z 231 540 962 Z 23 i 540 963 CC: Regular Mail SENDER: · Complete eem$ I a~ci/or ~ for adcJilional se~'ices. also wish to receive th~ following services (for extra fee): 1. E~ Addressee's Ad( 2. E~ Restricted Oetiw Received ~y: (,~rm~ Name) 3 Article Addressed Consult postmaster for ( 4b Service Type ~ Registered ~Retum Recei¢ for Merchandise ~ CC 8, Addressee's Address (Only d reques and fee/S pa/d) SENDER: I i also wish to receive the =AItach;h~StOrmr~;r'ercnr°f!hemaiipiece~r°nrhebac~rSCaced°eS~'Of I ~ F~, Addressee s Addr~ A~ic!e Adcressed to: ~.,~ ~ ~..~,,.z :'/¢,, &,,,.,.X' Form 3811, Oecember 1994 ~_J Regstere¢ ~enif / 2---/~-~¢ $ Addressees ,~ddress (Only,f 'equestec SENDER: 3 Aqic,e Addressed Oomestl¢ Re[u:' Receip~ PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. : CHARLES E. BINGMAN AND CONNIE L.: CONFESS/ON OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendants : VERIFICATION I, Eric Krimmel, Assistant Vice President, for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing pleading are Irue and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. PNC BANK, NATIONAL ASSOCIATION Date: By: Eric Kfirnmel Assistant Vice President PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA NO. CHARLES E. B1NGMAN AND CONNIE L. : CONFESSION OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendants : CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association., is 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011; and that the last known address of the Defendants, Charles E. Bingman and Connie L. Bingrnan, is 712 Hilltop Drive, New Cumberland, Pennsylvania 17070. Date: ~l~( By: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ~ldb. ebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. ~, - ~C~g~ G'o'~ ~ CHARLES E. B1NGMAN AND CONNIE L.: CONFESSION OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendants : TO: NOTICE Charles E. Bingman and Connie L. Bingman, Defendants Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: KARL M. LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717) 737-3405 Prothonotary PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHARLES E. BINGMAN AND CONNIE L.: CONFESSION OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendants : ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of PNC Bank, National Association, Plaintiff in the above captioned matter. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ~K/~ar . Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 PNC BANK, NATIONAL ASSOCIATION : 1N THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHARLES E. BINGMAN AND CONNIE L. : CONFESSION OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendmats : AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendants, Charles E. Bingman and Connie L. Bingman, in the above-captioned action are not presently on active or nonactive military status. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Supreme Court 1D #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-1088 : CHARLES E. BINGMAN AND CONNIE L.: CONFESSION OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendants : : : AMOUNT DUE: $89,220.24 : INTEREST FROM Febmary 1, 2001: ATTY. COMM.: COSTS: TO BE ADDED TO BE ADDED TO BE ADDED PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter. (1) directed to the sheriff of Cumberland County; (2) against Charles E. Bingman and Connie L. Bingman, 712 Hilltop Drive, New Cumberland, Pennsylvania, Defendant; and (3) against N/A , Garnishee; (4) and index this writ against Charles E. Bingman and Connie L. Bingman, 712 Hilltop Drive, New Cumberland, Pennsylvania, Defendant; and (b) against N/A , as Garnishee and levy upon and attach as required the following: as a lis pendens against all that certain l~act of Real Estate and improvements erected thereon known and numbered as 734 State Street, Lemoyne Borough, Cumberland County, Pennsylvania 17043 and as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof. (5) Amount due: Interest from 2/01/01 Attorneys fees Costs $89,220.24 at the default rate set forth in the Change of Terms Agreemem (to be added) (to be added) (to be added) Certification I certify that (a) Notice will be served at least thirty days prior to the date of the Sheriff's sale of real property pursuant to Rule 2958.2. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & L1NDSAY Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 73%3405 Attorney for Plaintiff EXHIBIT "A' LECAL DESCRIFTION ALL THAT CERTAIN tract of land situate in tile rlorough of Lemoyr~e, County of Cumberland, State of Pennsylvania, bounded and described as follows, to wit: BECI NNING al a pm at a point at ti~e intersection o[ tile soulh side of Sta~e Road witi~ the dividing line between Lot No. 74 and Lot No. 75 on the hereinafter mentioned plan o~ lots; thence along the south side of State Road North fifty-nine degrees East (North 59 degrees 00 minutes 00 seconds ~st) a distance of thirty- five (35) fee~ [o a pin at the intersection of the south side of State Road and the dividing line between Lot No. 75 and ~ot No. 76 on said pia~ of lots; thence along the dividing line between Lot No. 75 and Lot No. 76 South thirty-one degrees Easy (South 31 degrees 0O uunu~s 00 seconds East) a distance of one imndred ~wenty- two and eighty-five one-lmndredll~s (122.85) feet ~o a pm at the iotersection of the dividing Hne between Lot No, 75 and Lot No. 76 and the north side of an a[tey; thence along the !loI'~h side o~ said alley Sou~h six~ydour degrees twenty minutes West ~Soud~ 64 degrees 20 minutes 00 seconds West) a distance of d~irty-five and fifteen one-hundredd~s (35.15) fee~ to a pin at the intersection of the dividing line between ~o~ No. 74 and ~o~ No. 75 and the north side of said alleT; thence along the dividing [ine between Lo~ No. 74 and Lot No. 75 North thirty-one degrees West (North 3t degrees 00 minutes 00 seconds West) a distance of one hundred nineteen and fifty-eight one-hundredths (119.55) feet ~o a pin, the point and ptace. of BEGINNING. HAVING THEREON ERECFED a single £rame building known and numbered as 734 State Street, Lemoyne, Pennsylvania. DE!NG ALL OF LOT NO. 75, Plan 6 o[ North Riverton as recorded in Cumberland County Recorder of Deeds Office in Plan Book 1, Page 101. aeco~~ - Exhibit "A" PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUIVlBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01~1088 : CHARLES E. BINGMAN AND CONNIE L.: CONFESSION OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendants : NOTICE UNDER RULE 29S8.2 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Charles E. Bingman and Connie L. Bingman A judgment in the mount of $89,220.24 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgmem contained in a written agreement or other paper allegedly signed by you. The court has issued a Writ of Execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgmem. The sheriff's sale has been scheduled for September 5, 2001 at 10:00 a.m. You may have legal rights to defeat the judgmem or to prevent or delay the sheriff's sale. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 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 SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County BarAssociation 2 Liberty Avenue Carlisle, PA17013 (717)249-3166 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-1088 CHARLES E. BINGMAN AND CONNIE L.: CONFESSION OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendants : AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of ail that certain tract of Real Estate and improvements erected thereon known and numbered as 734 State Street, Lemoyne Borough, Cumberland County, Pennsylvania 17043. 1. Name and ad&ess of owners or reputed owners: Charles E. Bingman 712 Hilltop Drive New Cumberland, PA 17070 Connie L. Bingman 712 Hilltop Drive New Cumberland, PA 17070 2. Name and ad&ess of defendants in the judgment: Charles E. Bingman 712 Hilltop Drive New Cumberland, PA 17070 Connie L. Bingman 712 Hilltop Drive New Cumberland, PA 17070 3. Name and ad&ess of every judgment creditor (other than the Plainfiffherein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiffherein) of every mortgage of record: None 5. Name and ad&ess of every other person who has any record lien on the property: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 Cumberland County Tax Claim Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Domestic relations 13 North Hanover Street Carlisle, PA 17013 I, Karl M. Ledebohm, Esquire, attorney for the Plaintiff, PNC Bank, National Association, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements heroin are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Respectfully submi~ed Date: SAIDIS, SHUFF, FLOWER & LINDSAY By: ~l~.~L!.~ebo~~e'~ Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attomey for Plaintiff PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-1088 : CHARLES E. BINGMAN AND CONNIE L.: CONFESSION OF JUDGMENT BINGMAN : CiVIL ACTION o LAW Defendants : NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129.2 NOTICE IS HEREBY GiVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Toby L, Coy and Angela M. Coy: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 Cumberiand County tax Claim Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 You are hereby notified that on September 5, 2001 at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of PNC Bank, National Association v. Charles E. Bingman and Connie L. Bingman, No. 01-1088 in the amount of Eighty Nine Thousand Two Hundred Twenty and 24/100 Dollars ($89,220.24) plus interest from February 1, 2001 at the default rate provided in the Note, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, real estate of Charles E. Bingman and Connie L. Bingman known as all that certain tract of Real Estate and improvements erected thereon known and numbered as 734 State Street, Lemoyne Borough, Cumberland County, Pennsylvania 17043. A description of said real estate is attached hereto. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Date: Respectfully submitted SAIDIS, SHUFF, FLOWER & LINDSAY BY: sKarupl ¢~m~°~n~,~ 1~2 e~-- SAIDIS, SHUFF & MASLAND 2109 Market S~eet Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff I~XHILHT "A' LEGAL D E$CRH:~T'ION ALL THAT CERTAIN tr,~ct of land s~tuate in Ihe i~orough Of L~moyne, County of Cumberland, State of Pennsylvnnin, bounded anti described L]EC;INNING at a pin at a ,,,aoh',t at tl~e intersection of the soulh ,mide ~f Slate Road wiH~ the dividing line b~ween Lot No. 74 and Lo~ No. 75 on the hereinafter degrees East (Nortl~ 59 ciegrees 00 minutes 00 seconds East) a distance of thirty- five (35) feet lo n pin at H~e ime~ection of tl~e south side of State Road and dividing line between LoC No. Y5 and Lot No. ~6 on said plan of lots; thence a]ong the dividing {h~e between Lot No 75 and Lot No. 76 South tl~irty.one degrees two and eighty-five one-hundredths ('122.85) leer to a pin at the intersection of the dividing line between Lot No. 75 and Lot No. 76 and the north side of an alley; thence along d~e north s/de of said alley South sixty.four degrees twenty minutes West (So~tl~ 64 degrees 20 minutes 00 seconds West) a distance of d~irty-five and /i/teen one-i~undredd~s (35.15) [ee~ ~o a pin at the intersect/on o~ the dividing llne beCweer~ Lot No. 74 ~nd Lot No. 75 and the north side o[said alley;/hence along the dividing line betwee~ Lot No. 74 and Lot No. 75 North thirty-one degrees West (North 31 ciegrees 00 mi,mutes 00 seconds West) a distance ot one hundred nineteen and/i~cy-eighC one-hundredths (219.58) feet to a ~in, the ~oint nnd place oi BEGINNING. t-i,,\VING TFIER~ON fZRaC'TaD a single flame building known and numbe, ed ns 7~4 State Sire~t, I~e,'no) ne, , e~:nsylvania. [3EiNG ALL OF LOT NO. 75, Plan 6 of Nortl~ Riverton as recorded Ctu'nberiand County Recorder of Deeds Office in Plan Book 1, Page · ao~aed in ~ ~fflce for the r~cor~j~ . ~ and ~erlane Coun~a( Exhibit "A" PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-1088 : CHARLES E. BINGMAN AND CONNIE L.: CONFESSION OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendants : NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Reai Property (real estate) will be held: DATE: September 5, 2001 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: all that certain tract of Real Estate and improvements erected thereon known and numbered as 734 State Street, Lemoyne Borough, Cumberland County, Pennsylvania 17043. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. Charles E. Bingrnan and Connie L. Bingman, No. 01-1088, in the amount of Eighty Nine Thousand Two Hundred Twenty and 24/100 Dollars ($89,220.24), plus interest from February 1, 2001, at the default rate set forth in the Note, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Charles E. Bingman and Connie L. Bingman. A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff&this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE TIlE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific mmrn date is desired, such date must be obtained from the Court Admin/stmtofs Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff EXHIBIT "A" LEGAL DESCRIIYrlON ALt. THAT CERTAIN trnct of land situate h'~ the Borough of [.e. rnoyne, County of Cul'nberland, Slate o[ Pennsylvania, bounded ac~d described as follows, to wit BEGINNING at a pin at a point at d~e intersection of lhe soulh side of Slale Road with the dividing line between rot No. 74 and Lot No. 75 on the hereinafter mentioned plan o[ lots; thence along the south side of State Road North fifty-nine degrees East (North 59 degrees 00 minutes 00 seconds ~ast) ~ distance o[ thirty- five (35) fee~ Io a pin at the intet~ection of the south side of State Road and the dividing line between Lot No. 75 and Lot No. 76 on said plan of lots; thence along the divkHng line between Lot No. 75 and Lot No. 76 South thirty-one degrees Eas~ (5outh 3'1 degrees 00 minutes 00 seconds East) a distance of one hundred twenty- two and eighty-five one-hundredlhs (122.85) feet to a pm at the intersection of the dlvkHng line between Lot No. 75 and Lot No. 76 and the north side of an alley; thence along the north side of sak~ alley South sixty-four degrees twenty z~inutes West (South 64 degrees 20 minutes 00 seconds West) a d/stance o[ thirty-five ami ~ifteen one-hundredths (35.15) fee~ to a ph~ at the intersection of the d~viding line between Lot No. 74 and Lot No. 75 and the north side o[ said alley; thence a/ong the d~viding Ih~e between Lot No. 74 and Lot No. 75 North thirty-one degrees West (North 3~ degrees 00 tab,utes 00 seconds West) a distanc~ of one hundred nineteen and [iffy-eigh~ one-hundredths (129.58)/eet to n ph~, the point and place of BEGINNING. I-lAVING Tf-IEREON ERECT'ED a single [rame building known and numbered as 734 State Street, bemo),ne, Pennsylvania. BEING ALL OF LOT NO. 75, Plan 6 of North Riverton as recorded in Cumberland County Recorder of Deeds Office in Plan Book 1, Page 101. . .r~ a~a ~land Coun~J/ Exhibit "A" PNC BANK, NATIONAL ASSOCIATION Plaintiff CHARLES E. B1NGMAN AND CONNIE L BINGMAN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1088 CONFESSION OF JUDGMENT CIVIL ACTION - LAW RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) AND NOW, this 30th day of March, 2001, I, Karl M. Ledebohm, Esquire, of the firm of SAIDIS, SHUFF, FLOWER & LINDSAY attorneys for PNC Bank, National Association, Plaintiff, hereby certify that I served the persons listed below whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Notice to Lienholders Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mall, first class, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my remm address. Copies of these certificates of mailing are attached hereto and marked as Exhibit "A". PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Respectfully submitted, SAIDIS, SHUFF & MAS~Nt~ ~Karl M. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaimiff CERTIFICATE OF MAILING Saidis, Shuff, Flower & Lindsay -- 2109 Market Street -- CampHill, PA 17011 -~ PNC Bank, National Association 4242 Carlisl~ik~ '::; CERTIFICATE OF MAILING Saidis, Shrift; Flower & Lindsay _ 2109 Market Street Camp Hill, PA 17011 Cumberland County Tax Claim Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Sa/dis, Shuff, Flower & Lindsay 2109 Market Street · Camp Hill, PA 17011 ...... Cumberland County Domestic Relations 13 North Hanover Street Oarlisle, PA 17013 PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-1088 : CHARLES E. BINGMAN AND CONNIE L.: CONFESSION OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendants : AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of all that certain tract of Real Estate and improvements erected thereon known and numbered as 734 State Street, Lemoyne Borough, Cumberland County, Pennsylvania 17043. 1. Name and address of owners or reputed owners: Charles E. Bingrnan 712 Hilltop Drive New Cumberland, PA 17070 Connie L. Bingrnan 712 Hilltop Drive New Cumberland, PA 17070 Connie L. Bingman 1173 Draymore Court Hummelstown, PA 17036 2. Name and address of defendants in the judgment: Charles E. Bingman 712 Hilltop Drive New Cumberland, PA 17070 Connie L. Bingman 712 Hilltop Drive New Cumberland, PA 17070 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiffherein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 Cumberland County Tax Claim Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Domestic relations 13 North Hanover Street Carlisle, PA 17013 I, Karl M. Ledebohm, Esquire, attorney for the Plaintiff, PNC Bank, National Association, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Respectfully submitted Date: SAIDIS, SHUFF, FLOWER & LINDSAY By: jM ~~~d e~bo~, Es~q~e~p--~.~ Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-1088 : CHARLES E. BINGMAN AND CONNIE L.: CONFESSION OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendants : AMENDED NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129.2 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judpjnent or tax liens against the real estate of Charles E. Bingman and Connie L. Bingman: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 Cumberland County tax Claim Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 You are hereby notified that on September 5, 2001 at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of PNC Bank, National Association v. Charles E. Bingman and Connie L. Bingman, No. 01-1088 in the amount of Eighty Nine Thousand Two Hundred Twenty and 24/100 Dollars ($89,220.24) plus interest from February 1, 2001 at the default rate provided in the Note, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, real estate of Charles E. Bingman and Connie L. Bingman known as all that certain tract of Real Estate and improvements erected thereon known and numbered as 734 State Street, Lemoyne Borough, Cumberland County, Pennsylvania 17043. A description of said real estate is attached hereto. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold aga'mst said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Date: Respectfully submitted SAIDIS, SHUFF, FLOWER & LINDSAY By: /~~/~jF?)~ /Karl M./Ledebohm, Esquire [ Supreme Court ID #59012 SAIDIS, SHUFF & MASLAND 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff PNC Bank, National Association VS Charles E. Bingman and Connie L. Bingman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1088 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Connie L. Bingman, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. And Now: May 25, 2001 at 1:50 P.M., served the within Real Estate Writ, Notice & Description upon Connie L. Bingman by personally handing to her one true attested copy of the original Real Estate Writ, Notice & Description and making known to her the contents thereof at 1173 Draymore Court, Hummelstown, PA 17036. So answers: J.R. Lotwick, Sheriff of Dauphin County, PA. Kathy Clarke, Deputy Sheriff, who being duly sworn according to law, states on July 09, 2001 at 4:14 P.M., EDST, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description on the property of Charles E. Bingman and Connie L. Bingman located at 734 State Street, Lemoyne, Cumberland County, Pennsylvania 17043, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a pendency of the action to one of the within named defendants, to wit: Connie L. Bingman, by regular mail to her last known address of 1173 Draymore Court, Hummelstown, PA 17036. This letter was mailed under the date of July 11, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for one of the within named defendants, to wit: Charles E. Bingman, but was unable to locate him at 712 Hilltop Drive, New Cumberland, Pennsylvania. A request for an address change from the New Cumberland Post Office revealed there is no forwarding address information on file for the defendant, Charles E. Bingman. R, Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in tile following manner: The Sheriff mailed a pendency of the action to one of the within named defendants, to wit: Charles E. Bingman, by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only, to his last known address of 712 Hilltop Drive, New Cumberland, PA 17070. This letter was mailed under the date of July 20, 2001. The unopened letter was returned to the Sheriffs Office on July 25,200l with the reason checked "Not Deliverable as Addressed, Unable to Forward." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants, to wit: Charles E. Bingman, by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only, to his last known address of P.O. Box 38123, Baltimore, Maryland 21231. This letter was mailed under the date of September 24, 2001. Letter was received by defendant on September 28, 2001. The return receipt card, signed by Charles Bingman, was received by the Cumberland County Sheriff's Office on October 01, 2001. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for the sum orS1.00 to Attorney Karl Ledebohm for Land Holding, Inc. It being the highest bid and best price received for the same, Land Holding, Inc. of 620 Liberty Avenue, 3rd Floor, Pittsburgh, PA 15222, being the buyer in this execution paid Sheriff R. Thomas Kline the sam of $1,033.68, it being costs. Sheriff's Costs: Docketing $30.00 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.94 Certified Mail 4.27 Levy 15.00 Surcharge 30.00 Out of County 9.00 Dauphin County 29.25 Postpone Sale 20.00 Law Journal 386.30 Patriot News 318.99 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed 27.50 Poundage 20.27 $1,033.68 Sworn and Subscribed to Before Me This Z_~' ~ Day of ~ R. Thomas Kline, Sheriff eal Estate ~eputy ?NC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS PIa'mfiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-1088 CHARLES E. BINGMAN AND CONNIE L.: CONFESSION OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendants : AMENDED AFFIDAVIT PtJRSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of all that certain tract of Real Estate and improvements erected thereon known and numbered as 734 State Street, Lemoyne Borough, Cumberland County, Pennsylvania 17043. 1. Name and address of owners or reputed owners: Charles E, Bingman 712 Hilltop Drive New Cumberland, PA 17070 Connie L. Bingman 712 Hilltop Drive New Cumberland, PA 17070 Connie L, Bingman 1173 Draymore Court Hummelsto~a, PA 17036 2. Name and address of defendants in the judgment: Charles E. Bingman 712 Hilltop Drive New Cumberland, PA 17070 Connie L. Bingman 712 Hilltop Drive New Cumberland, PA 17070 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 Cumberland County Tax Claim Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PN'C BANK, NATIONAL ASSOCIATION Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1088 CHARLES E. BINGMAN AND CONNIE L.: CONFESSION OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendants : AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Walt of Execution was filed the following information concerning the real property consisting of all that certain tract of Real Estate and improvements erected thereon known and numbered as 734 State Street, Lemoyne Borough, Cumberland County, Pennsylvania 17043. !. Name and address of owaaers or reputed owners: Charles E. Bingrnan 712 Hilltop Drive New Cumberland, PA 17070 Connie L. Bingman 712 Hilltop Drive New Cumberland, PA 17070 Connie L. Bingrnan 1173 Draymore Court Hummelstown, PA 17036 2. Name and address of defendants in the judgment: Charles E. Bingman 712 Hilltop Drive New Cumberland, PA 17070 Connie L. Bingman 712 Hilltop Drive New Cumberland, PA 17070 3. Name and address of every judgment creditor (other than the Plaintiffhemin) whose judgrnent is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 Cumberland County Tax Claim Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 , 6.' Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Curnbefland County Domestic relations 13 North Hanover Street Carlisle, PA 17013 I, Karl M. Ledebohm, Esquire, attorney for the Plaintiff, PNC Bank, National Association, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belie£. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Respectfully submitted Date: SAIDIS, SHUFF, FLOWER & LINDSAY K~rlM. Led , ~ q ' Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff PNc BANK, NATIONAL ASSOCIATION Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1088 CHARLES E. BINGMAN AND CONNIE L.: CONFESSION OF JUDGMENT BINGMAN : CIVIL ACTION - LAW Defendants : ' ' · AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of all that certain tract of Real Estate and improvements erected thereon known and numbered as 734 State Street, Lemoyne Borough, Cumberland County, Pennsylvania 17043. 1. Name and address of owners or reputed owners: Charles E. Bingman 712 Hilltop Drive New Cumberland, PA 17070 Connie L. Bingman 712 Hilltop Drive New Cumberland, PA 17070 2. Name and address of defendants in the judgment: Charles E. Bingman 712 Hilltop Drive New Cumberland, PA 17070 Connie L. Bingman 712 Hilltop Drive New Cumberland, PA 17070 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 Cumberland County Tax Claim Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 71 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected bythe sale: Cumberland County Domestic relations 13 North Hanover Street Carlisle, PA 17013 I, Karl M. Ledebohm, Esquire, attorney for the Plaintiff, PNC Bank, National Association, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. 1 understand that false'' ~tatements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities, Respectfully submitted Date: SA/DIS, SHUFF, FLOWER & LINDSAY e Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-1088 : CHARLES E. BINGMAN AND CONNIE L.: CONFESSIONOF JUDGMENT BINGMAN : CWIL ACTION - LAW Defendants : NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: September 5, 2001 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: all that certain tract of Real Estate and improvements erected thereon known and numbered as 734 State Street, Lemoyne Borough, Cumberland County, Pennsylvania 17043. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. Charles E. Bingman and Connie L. Bingman, No. 01-1088, in the amount of Eighty Nine Thousand Two Hundred Twenty and 24/100 Dollars ($89,220.24), plus interest from February 1, 2001, at the default rate set forth in the Note, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Charles E. Bingman and Connie L. Bingman. A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriffof this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may~ be obta/ned from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these fights. If you wish to exemise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware ora legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrators Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto, ~ · Date: SAIDIS, SHUFF, FLOWER & LINDSAY Karl~ M. Ledebohm, Esquii:e Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff I~XHIBIT "A" LEGAL DE$CRIIrFION ALt. THAT CERTAIN tract of iand situate in the 13orough of Lemoyne, County of Cumberland, State o{ Pennsy~vama, bounded and described as follows, DEC;INNING at a pm at a point at tile intersection o[ the soulh side of State Road wid~ ~he dividing line between ~ot No. 74 and Lot No. 75 on tl~e her~innfter mentioned ~an of lots; thence along ~he south side of State Road North fifty-nin~ degree~ East (Nurtl~ 59 degrees 00 minutes 00 seconds East) a distance of thirty- Hve (35) fee~ ~o a pm at the m~ersection o[ the south side o[ State Road and tl~e dividing line between Lot No. 75 ~nd Lot No. 76 on said plan o{ lots; H~ence along the dividing line bet~een Lo~ No 75 and Lot No, 76 South thirty-one degrees Eas~ (Swath 31 degrees O0 minutus O0 seconds East) a dislance of one hundred twenty- dividing line betwee~ Lot No. 75 and Lot No. 76 and the north side of an alley; thence along the nor!h side of said alley South sixty-four degrees twenty minutes West (South 64 degrees 20 minutes 00 seconds West) a diatance of thirty-fiv~ anti fifteen one-hundredths (35.15) feet [o a pin at the intersecHon of the dividing line between Lot No. 74 and ~ot No. 75 and H~e north ~ide of faid aHeT; thenca along the dividillg line between Lot No, 74 and Lot No. 75 North ihirty-one degrees West (North 3I degrees 00 minutes 00 seconds Wes0 a distance of one hundred mneteen and fil:y.eighe one-hundredths (119.5B) feet to a pin, the point and place of BEGINNING. NAVING THEREON ER'~CTED a sil,,gie frame buiIdic~g kc~ov.;r~ acid . numbered as 734 Stale Street, L.err~oyne, Pennsylvania, Exh/bit "A" COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due from WRIT OF EXECUTION and/or A'rI'ACHMENT NO. 01-1088 CIVIL CIVIL ACTION - LAW COUNTY: PNC Bank, National Association PLAINTIFF(S) Charles E. Bingman and Connie L. Bingman, 712 Hilltop Drive, New Cumberland, PA (~) You are directed to levy upon the property of the defendant(s) and to sell DEFENDANT(S) See Leqal Description (2) You am also directed to attach the properly 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/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any properly 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 $89,220.24 L.L, $. 50 Interest Feb~]~r~ 1, 200~. Due Pmthy_ $1.00 Atty's Corem % Other Costs Atty Paid $31.75 Plaintiff Paid Date: April 3, 2001 EQUESTING PARTY: ~me Karl M. Ledebohm, Esq. Idress: 2109 Market Street CanTp Hill, PA 17011 )rney for: Plaintiff ;phone: 717-737-3405 reme Court ID No, 59012 Curtis R. Long Prothonotary, Civil Division REAL ESTATE SALE No.~ ,,,i ~ 12~ 2o01 the sneritt levied upon the interest in the real properly situated in ~.c,~,~ Cum~rland County, Pa., kn~:, ~ ~umber~ as: ~g ~~. ~~ and more tu~r~ ~escr~Oed on ~hibit "A" flied witt this writ and by this reference incorporated herein. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, 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 20, 2'1, AUGUST 3, 2001 Affiant farther 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. RE~L ESTATE $ALE ~O. a Writ No. 2001~1088 Civil PNC Bank, National Association Charlea E. Btagman and Co~le L. Blngman Atty.: Kaxl M. Ledebohm EXHIBIT LEGAL DES, CR~PTION ALL THAT CERTAIN tract of situate ta the Borough of Lemoyne. County of Cumberland, State of Pe~m- sylvm~a, bounded and described as follows, to wit: BEGINNING at a pR1 at a point at the l~ltersection of the south side of State Road with the dividing lJn~e SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST, 2001_ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 cimulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31st day(s) of July and the 7th day(s) of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in MJsce,~aneous Book "M", volUmepUBLiCATiON14, Page 317, ~ ~/ COPY ~wnr,~ t~ and ~t~le,~J [,,~',~,=~lz~hi~s/21st/~,f/'A//~ 2001 A.D. N~',,~y~' commission expires JuDe 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 317,49 Probating same Notary Fee(s) $ 1.50 Total $ 318.99 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general race{pt of the aforesaid notice and publication costs and certifies that the same have STATE OF PENNSYLVANIA, ~ COUNTY OF CUMBERLANDt ss. Robert P Ziegler I, ............................................................................. Recorder of Deeds in and for said County and State do'hereby certify that the Sheriffs Deed in which Land Holding Inc .................................................................................... is the grantee 5th the same having been sold to said grantee on the ............................................... day of December 2001 ........................................ A. D,,; ..... , under and by virtue o[ a writ Execution 3rd ................................................ ~ued on ~e ..................................... April 2001 day of .......................... A.D., ..... ~ out of the Court of Comman PI~ of said County'as of Civil 2001 .................................................................................. Term, ...... No.~ ___i?_ ...... , nt ,he .olt of _Y~_~__~I~__~_ ................................................... Charles E Bingman & Connie L ................................... aga nsf .................................................... 249 3082 duly recorded in Sheriff's Deed Book No ............. , Page ............. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this. ........ ~. ~,~,C.. day Re~rcter of ~, Cum~rlan~ ~u~. My ~mi~ Ex,res t~ F ~ ~nday of Jan.