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HomeMy WebLinkAbout11-5680FAC1iems\11470 Members l st\FILES\Current\150 Bingaman\I 1470.150.complaint Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS I ST FEDERAL CREDIT UNION, Plaintiff V. ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants FILED-O FICE GP THE PROTHONOTARY 2011 JUL 14 PM 3: 6 2 CUMBERLAND COUNTY PENNSYLVANIA & FALLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - S6g0 CIVIL TERM : IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 cL* aN 2-3s Q4k PSI 3S3 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the promissory note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), within thirty (30) days after receipt of this notice, disputes, in writing, the validity of the debt or some portion thereof. 4. If the Debtor(s) notifies the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor(s) by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor(s) makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor(s) by the Creditor's law firm. 6. Written request should be addressed to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 THIS DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT UNION, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - CIVIL TERM ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants : IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes the Plaintiff, MEMBERS 1st FEDERAL CREDIT UNION, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Members 1st Federal Credit Union ("Plaintiff'), is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendants, Kelly H. Bingaman and Robert E. Bingaman, Jr., ("Defendants"), are adult individuals residing at Lot 35, Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, and have a mailing address of 2250 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendants are the owners of the real property located at Lot 35, Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 ("Real Property"), and more fully described in a certain deed recorded in the Recorder of Deeds Office of Cumberland County, Instrument No. 200831550, which is encumbered by the Mortgage described below. I 4. On or about June 12, 2002, Defendants executed a promissory note (the "Note") with Plaintiff in the amount of $191,500.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. As security for the performance of their obligations under the Note, Defendants, as Mortgagors, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real Property (the "Mortgage"). A true and correct copy of the Mortgage containing a complete legal description of the Real Property is attached hereto and incorporated as Exhibit "B." 6. The Mortgage has not been assigned. 7. Defendants are the owners of the Real Property, and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 8. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 9. Plaintiff provided Defendants with notice of the period in which Defendants' default may be cured, but Defendants have failed to cure their default. 10. As authorized under the Mortgage, the loan obligation to Plaintiff from the Defendants has been accelerated. 11. The total sum due and owing from Defendants under the Note, as of July 15, 2011, is itemized as follows: Principal: $151,921.24 Late Fees: $384.12 Interest as of July 15, 2011: $5,725.16 Court Costs and Fees (estimated): $500.00* Attorney Fees: $15,192.12 Total as of July 15, 2011: $173,722.64 Plus interest accruing at $29.14 per day from July 15, 2011, until paid in full. *To be determined by the Cumberland County Sheriff. 12. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and Attorney Fees listed above should additional services be requested and/or costs/charges/fees be incurred as a result of the collection of the money owed and foreclosure of the Real Property. 13. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c) (collectively, the "Notice"), Plaintiff sent notices of intention to foreclose mortgage and of the mortgage assistance program dated March 17, 2011, to Defendants by certified mail, return receipt requested. WHEREFORE, Plaintiff demands judgment against Defendants under the Note in the amount of $173,722.64, plus interest from July 15, 2011, at the rate of $29.14 per day until the debt is paid in full. MARTSON LAW OFFICES By: (3,44 S rZ Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: J? y 1 l '2011 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members l' Federal Credit Union. Any information obtained will be used for that purpose. EXHIBIT "A" NOTE June 12, 2002 MECHANICSBURG Pennsylvania [Date] [City] [State] LOT 35 CANTERBURY DRIVE MECHANICSBURG,PA 17055 [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 191, 500.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is MEMBERS 1ST FEDERAL CREDIT UNION, Federal Credi t union I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.0000 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1St day of each month beginning on February 1, 2003 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on July 1, 2032 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P 0 BOX..40 MECHANCISBURG, PA 17055 or at a different place if required by the Note Holder. (B) Amount of MontWy Payments My monthly payment will be in the amount of U.S. $1, 280.45 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. BINGAMAN114803 114803 MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ® 5N (ooos) MW 05100 Form 3200 1 /01 ® VMP MORTGAGE FORMS - (800)521-7291< P Page 1 of 3 Initials: I 1=1 1201 am Nil S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the frill amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. BINGAMAN114803 114803 5N (0005) Paps 2 of 3 0 Form 3 /01 Initlsls: 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) K L H . BIN AN -Borrower ROBERT E. B INGAMA JR . -Borrower OF __ -(Seal) -Borrower -(Seal) -Borrower _ (Seal) -Borrower -(Seal) -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] BINGAMAN114803 114803 0 -5N (0005) Papa 3 of 3 Form 3200 1/01 EXHIBIT "B" -a- 5q a lv Prepared By: Gwen R. Stoner Parcel Number: Return To: [Space Above This Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated June 12. 2002 together with all Riders to this document. (B) "Borrower" is KELLY H. BINGAMAN and ROBERT E. BINGAMAN JR. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is MEMBERS 1ST FEDERAL CREDIT UNION Lender is a Federal Credit Union BINGAMAN114803 114803 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT (Ck-6(PA) (ooo8) Page 1 of 16 MW 08ftI0 Initiala:_ VMP MORTGAGE FORMS - (800)521-7291 ROSERT P. ?1EGLER "1) \y'?F Ev _i. 0F DEEDS i-; C UN'TY l ?., - `02 JUN 18 fln 8 52 0 Form 3039 1 /01 ¦II??IY? BK f=LdIS organized and existing under the laws of THE UNITED STATES OF AMERICA Lender's address is P.O. BOX 40, MECHANICSBURG, PA 17055 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated June 12, 2002 The Note states that Borrower owes Lender One Hundred Ninety One Thousand Five Hundred and no/100 Dollars (U.S. $191, 500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 1, 2032 (E) "Property'' means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? 1-4 Family Rider ? VA Rider ? Biweekly Payment Rider ? Other(s) [specify] (Ii) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (.n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. W) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third parry (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (Nn "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (1) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. BINGAMAN114803 114803 K96 0 ®-6(PA) (ooo6) initials: KGB ® Page 2 of 16 Form 3039 1/01 BK11QcP il016 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]: SCHEDULE "A" ATTACHED which currently has the address of LOT 35 CANTERBURY DRIVE MECHANICSBURG ("Property Address"): [Street] [city], Pennsylvania 17055 [zip code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BINGAMAN114803 114803 Kµ'd 0 Initials: KIM 6(PA) (oooe) Page 3 of 16 Form 3039 1/01 8K 1 7 6'- f` 10 17 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U. S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be BINGAMAN114803 114803 ><o 0 Initials:?_ 4D®6(PA) (oooe) Page 4 of 16 Form 3039 1/01 BK176 1018 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest B I NGAMAN114803 114803 }{µ p ®-6(PA) tooom tnitiata ® Page 5 of 16 Form 3039 1/01 BKli`e?DI 1,11019 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. BINGAMAN114803 114803 Kk Init.w REl R 40-6(PA) (oooa) Page 6 of 16 Form 3039 1101 BK 17 6 -2- 20 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. BINGAMAN114803 114803 KtO Initiele rEga_ ®® 6(PA) (oooe) Page 7 of 16 Form 3039 1/01 BX1762F-1 IG2I 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. BINGAMAN114803 114803 K115 0 Initials:IZ ? ®® 6(PA) (ooo8) Page 8 of 16 Form 3039 1/01 BK17b2PUG 1022 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other pai-ties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. BINGAMAN114803 114803 X46 0 Initials: i$ ?® 6(PA) (ooos) Page 9 of 16 Form 3039 1/01 BK 1 7be_P6 1023 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be BINGAMAN114803 114803 Xo 0 dM-6(PA) (0008) Page 10 of 16 initisis:AE$ Form 3039 7/07 ® 8K176?1'-1 G1024 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to BINGAMAN114803 114803 *?X#6 0 Initials: f? dM 61PA) (ooos) Page 11 of 16 Form 3039 1/01 I /0216 ! QS have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or B I NGAMAN114803 114803 Initials: Gp ®®6(PA) (oooe) Page 12 of 16 Form 3039 1/01 BK %62- IS7 D2" 6 4, - agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loam Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. BINGAMAN114803 114803 111? 0 ®-WA) tome) Initials ® Page 13 of 16 Form 3039 1/01 BK 17 b PGG 10 2 7 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BINGAMAN114803 114803 40 0 Initials: RER_ (-6(PA) (00o6) Pape 14 of 16 Form 3039 1/01 BK1762PG 102a- 4 4 r BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: A Al) 61 (Seal) KELLY . BING AN -Borrower BINGAMAN114803 = -CPA) (ooos) _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower 114803 Page 15 of 16 (Seal) ROBERT E. B I NGAM JR . -Borrower 0 Form 3039 1/01 _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower BK1762PG1029 Certificate of Residence I, TINA M LERICHER , do hereby certify that the correct address of the within-named Mortgagee is P. 0. BOX 40, MECHANICSBURG, PA 17055 Witness my hand this 12TH day of JUNE 2002 Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the 12TH day of JUNE 2002 , before me, the undersigned officer, personally appeared KELLY H. BINGAMAN and ROBERT E. BINGAMAN JR. known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ota ea ' JoN F. Whrd, Notary Public Can HE Boro, Cumbedand County NV Cbmmisslon Expires Oct. 9, 203 des O!/ I Certify this to be recordJde of Officer In Cumberland County PA BIN , 03 114803 0 r.. nKqrU L d e 6 of 16 Initials 1? 0 Form 3039 1/01 10 I, Cca n 5u m to C-45 , as an employee of Members 1111 Federal Credit Union, acknowledge I have the authority to execute this Verification on behalf of Members I' Federal Credit Union and certify that the foregoing Complaint in Mortgage Foreclosure is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. MEMBERS 13T FEDERAL CREDIT UNION MQeaW1470MWbasl%vnz 1soa 11470.1S0.wOMM SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson c r Sheriff - I- ' g4t?YS?fit"Utttj,?r?? Jody S Smith Chief Deputy Richard W Stewart f ?^? Solicitor u si :. E I•, L AN U (? f 1 OFFICE u'.iFF !t ?trr 5' } , i t 74;J L Members 1st FCU vs. Robert E. Bingaman, Jr. (et al.) Case Number 2011-5680 SHERIFF'S RETURN OF SERVICE 07/28/2011 05:11 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 28, 2011 at 1711 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kelly H. Bingaman, by making known unto Drew Bingaman, Son of Defendant at 2250 Canterbury Drive, Lot 35, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. AMANDA COBAUGH, DE 08/15/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Robert E. Bingaman Jr., but was unable to locate him irj his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Robert E. Bingaman Jr. Deputies were advised, Robert E. Bingaman Jr. moved from this residence four years ago. To date The Camp Hill Postmaster has been unable to provide a good forwarding address for Robert E. Bingaman Jr. SHERIFF COST: $74.44 SO ANSWERS, August 15, 2011 4RONR-91-???? ERSON, SHERIFF (c) CountyS"ItP Shenff. 7eleo oft. Inc Yoffie & Yoffe, P.C. Jeffrey N. Yoffe, Esq. 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 Attorney ID # 52933 Ph: (717) 975-1838 Fax: (717) 975-1912 ,?.:Wt MEMBERS 11T FEDERAL CREDIT UNION, r? L .:Ull u' 31 i lU: t? ` 11BERLAND COUNT" PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 201 1-5680 ROBERT E. BINGAMAN, .1R., and KELLY H. BINGAMAN Defendants IN MORTGAGE FORECLOSURE ANSWER OF KELLY H. BINGAMAN TO COMPLAINT 1. Admitted. 2. Admitted only as to Kelly H. Bingaman. Robert E. Bingaman, Jr. is not living at the address indicated. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The mortgage was assigned to Midwest Loan Services. 7. Admitted. 8. Admitted that demand for payment was made. It is Denied Kelly H. Bingaman "refused" payment, although, it is Admitted Kelly H. Bingaman is behind in her payments. 9. It is Admitted Kelly H. Bingaman failed to cure any default. After reasonable investigation, Kelly H. Bingaman is without knowledge or information sufficient to form a belief as to whether Robert E. Bingaman, Jr. cured any default. The same is therefore Denied. 10. After reasonable investigation, Kelly H. Bingaman is without knowledge or information sufficient to form a belief as to whether the loan has been accelerated. The same is therefore Denied. 11. It is Denied the Attorney fees owing are $15,192.12. The reasonable cost of said fees is an amount far less than $15,192.12. After reasonable investigation, Kelly H. Bingaman is without knowledge or information sufficient to form a belief as to how much is owed for principal, late fees, interest and court costs and fees. Accordingly, all amounts for those items alleged in paragraph 11 are Denied. 12. No response required. 13. Admitted only as to Kelly H. Bingaman. After reasonable investigation, Kelly H. Bingaman is without knowledge or information sufficient to form a belief as to whether the alleged notices were sent to Robert E. Bingaman, Jr. The same is therefore Denied. WHEREFORE, Kelly H. Bingaman requests that the complaint be dismissed. Date: ', bo/zo u Yoffe & Yoffe, P.C. effrey . Yoffe, sq. Attorney for Kelly H. Bingaman 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-5680 ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN Defendants : IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the attached answer on the below individual. Service was accomplished by mailing the same to the address indicated. Martson Law Offices Attn: Christopher E. Rice, Esq. Ten East High Street Carlisle, PA 17013-3093 Yoffe & Yoffe, P.C. Date: 0 30/ ZO /( By frey N. 'offe, Esq. Attorney for Kelly H. Bingaman 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff V. ROBERT E. BIINGAMAN, JR., and KELLY H. BINGAMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-5680 IN MORTGAGE FORECLOSURE VERIFICATION 1 hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Answer are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: t. 028, J?fl /?[?G1?1k' ?/ KEL H. BIN MAN e F'\Clients\11470 Members Ist\FILES\Current\150 Bingaman\l 1470.150.affidavitl.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff r n }„ FILE.O-OFF ICE r; ?.'k? THE PROTHONOTAI 2011 SEP 26 Aid 10' 45 rOPENNSYLVANIA r l MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff V. ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 5680 CIVIL TERM : IN MORTGAGE FORECLOSURE AFFIDAVIT OF DAN SUMMERS COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I, Dan Summers, Collection Manager for Members 1"Federal Credit Union ("Members 1 st"), being duly sworn according to law, hereby deposes and states as follows: 1. As Collections Manager for Members 15`, I manage the collections of monies owed to Members 1 s` by Defendants Robert E. Bingaman, Jr. and Kelly H. Bingaman ("Defendants") under the promissory note executed between Members 1 s` and Defendants on June 12, 2002 ("Note"). 2. As security for the performance of their obligations under the Note, Defendants, as Mortgagors, made, executed and delivered to Members 1 S`, as Mortgagee, a mortgage upon the real property located at Lot 35, Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, that is recorded as Instrument No. 200831550 in the Recorder of Deeds Office of Cumberland County(the "Mortgage"). 3. The Mortgage has not been assigned to Midwest Loan Services or anyone else. 4. Midwest Loan Services provides services to Members V, which includes collecting payments and maintaining escrow accounts. 5. Members I" continues to be the holder of the Note and Mortgage. 6. The statements made herein are made on the basis of my personal knowledge. y Dan Summers Sworn to and subscribed before me CoMMDNN MTH OF P"SYLVAW this 2-2 day of 6WJjnrn bcr , 2011. Nmft seat Laura L. Hoke, Notary Public Upper Allen TWP., Cumberland County MY CW9WM An. 25, 2015 Notary Public dk? MAR OF WrAm CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit of Dan Summers was served this date by depositing same in the Post Office at Carlisle, PA, First Class Mail, postage prepaid, addressed as follows: Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 MARTSON LAW OFFICES By: / l Ma Price Ten IS; High Street Carlisle, PA 17013 (717) 243-3341 Dated: 9'/? 6-e-111 This is a debt collecting firm attempting to collect a debt for Members V Federal Credit Union. Any information obtained will be used for that purpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 20H O'N 20 A" Richard W Stewart Solicitor Members 1st FCU vs. Robert E. Bingaman, Jr. (et al.) OFFJ ?F :;E *?4E E , F l'Ut BERLA;?j E 0 'E NHS y Case Number 2011-5680 SHERIFF'S RETURN OF SERVICE 09/28/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Robert E. Bingaman Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 10/03/2011 11:40 AM - York County Return: And now October 3, 2011 at 1140 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert E. Bingaman Jr. by making known unto himself personally, at 386 Lewisberry Road, New Cumberland, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 October 18, 2011 SO ANSWERS, RbNI'V R ANDERSON, SHERIFF +.c) GountySuito Sheriff. Teleosofl. Inc. Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS Is" FEDERAL CREDIT UNION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants : NO. 2011 - 5680 CIVIL TERM IN MORTGAGE FORECLOSURE TO ROBERT E. BINGAMAN, JR.: NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the y ?]? day of k+'c-der , 2011, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $173,722.64, plus interest from July 15, 2011, at the rate of $29.14 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiff s Complaint. Date: -7, o7(Jl? ', W 3wip Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Robert E. Bingaman, Jr. 386 Lewisberry Road New Cumberland, PA 17070 FILED-OFFICE F:1C1ients\11470 Members l stTILES\Current\150 Bingaman\11470.150.pra.default.Robert.wpd OF THE PROTHONOTARY Christopher E. Rice, Esquire 2011 NOV -7 AM 9: 53 Attorney I.D. No. 90916 CUMBERLAND COUNTY R. Christopher VanLandingham, Esquire PENNSYLVANIA Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS I ST FEDERAL CREDIT UNION, Plaintiff V. ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 5680 CIVIL TERM IN MORTGAGE FORECLOSURE PRAECIPE Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Robert E. Bingaman, Jr. in the amount of $173,722.64, plus interest from July 15, 2011, at the rate of $29.14 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that written notice of intention to file this Praecipe was mailed to Robert E. Bingaman, Jr. on October 24, 2011, which date is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. MARTSON LAW OFFICES By: 0"?'/ 5 /?___ Christopher E. Rice, Esquire I.D. Number 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street J Carlisle, PA 17013 g1q.()ood y (717) 243-3341 ?yG59 Dated: Attorneys for Plaintiff fio4%c C *.4)ie" Christopher. E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2011 - 5680 CIVIL TERM ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, : Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND } Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, Defendant Robert E. Bingaman, Jr., above named is not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is: 386 Lewisberry Road, New Cumberland, PA 17070. Said Defendant's place of employment is unknown. Sworn to and subscribed before me this day of November, 2011. ?&w V,7, 04C.-Ov N ublic Christopher E. Rice, Esquire COMMONWEALTH OF PENNSVLVANIA Notattal ssai Mary M. Price, Notary Pubk Cadwe Born, Cumberland County GWrIrn111bn .18,201S M ANIFS OF NOT Request for Military Status Department of Defense Manpower Data Center 4D Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Nov-04-2011 11:35:15 Namet First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency BINGAMAN ROBERT Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). A01 A- Mary M. Snavely-Dixon, Director Department of :Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://uww.defenselink mil/faq/pis/PC09SIaDR html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dindc.osd.mil/appj/scra/popreport.do 11/4/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:GV3MVLCVCM https://www.dmdc.osd.mil/appj/scra/popreport.do 11/4/2011 Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011 - 5680 CIVIL TERM ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants : IN MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against Defendant Robert E. Bingaman, Jr. was given to him by mail on October 24, 2011. e-, 49 4 5- 2 Christopher E. Rice, Esquire Sworn to and subscribed before me this ? day of November, 2011. V&'4 (?? mmwN r TH OF PENNSYLVANIA YZ -1 NOW" Seal No ublic Mary m. price, Not3n Public CarlWe Born, Cumberland County l y CwMraeloo . 16, 2015 MEMBER, PENNSYIVANlA ASSOGTATION OF NOTARIES r CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert E. Bingaman, Jr. 386 Lewisberry Road New Cumberland, PA 17070 MARTSON LAW OFFICES By M ry . Price 10 E t High Street Carlisle, PA 17013 Dated: ///7/?/ This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union. Any information obtained will be used for that purpose. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) 4 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next- Argument Court.) r) --------------------------------------------------------------------------------------------------------------------- C c= -O3 . -,,y -- CAPTION OF CASE (entire caption must be stated in full) ._. 2 Ca o r*t i -` Members 1st Federal Credit Union Uri r- C VS. Cc,- ?T E. Bingaman, Jr, and Kelly H. Bingaman Robert No. 2011-5680 Civil rm- 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary judgment against Defendant Kelly H. Bingaman 2. Identify all counsel who will argue cases: (a) for plaintiffs: Christopher E. Rice, Esquire/Martson Law Offices, 10 East High St., Carlisle, PA 17013 (Name and Address) (b) for defendants: Jeffrey N. Yoffe, Esquire, 214 Senate Avenue, Suite 404, Camp Hill, PA 17011 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 16, 2011 Signature Christopher E. Rice, Esquire Print your name Plaintiff November 23, 2011 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. F.\Clients\11470 Members ISt\FILES\Current\150 Hingaman\I 1470.150.mot2.sj.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff = ?? -v dC; aR0T1H0,N0T,`;R'i' 2011 NOY 23 AM 8: 36 CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants NO. 2011 - 5680 CIVIL TERM IN MORTGAGE FORECLOSURE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT KELLY H. BINGAMAN AND NOW COMES, Plaintiff, Members 1St Federal Credit Union, by and through its attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER and moves as follows: 1. Plaintiff, Members 1" Federal Credit Union ("Plaintiff'), filed a Complaint in mortgage foreclosure ("Complaint") against Defendants Kelly H. Bingaman and Robert E. Bingaman, Jr. on July 14, 2011. 2. On November 7, 2011, default judgment was entered against Defendant Robert E. Bingaman in the amount of $173,722.64, plus interest from July 15, 2011, for failure to file an Answer to Plaintiff s Complaint. 3. Defendant Kelly H. Bingaman ("Respondent") filed an Answer to Plaintiffs Complaint ("Answer") on or about August 30, 2011. 4. The pleadings are now closed. 5. This case has not been listed for trial, and this Motion will not unreasonably delay trial. 6. There is no genuine issue of any material fact as to a necessary element of the cause of action or defense that could be established by additional discovery or expert report. 7. "In an action for mortgage foreclosure, the entry of summary judgment is proper if the mortgagors admit that the mortgage is in default, that they have failed to pay interest on the obligation, and that the recorded mortgage is in the specified amount." Cunningham v. McWilliams, 714 A.2d 1054, 1057 (Pa. Super. Ct. 1998). 8. By Answer to Plaintiff's Complaint, Respondent has admitted the following relevant facts: a. Defendants are the owners of the real property located at Lot 35, Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 ("Real Property"), and more fully described in a certain deed recorded in the Recorder of Deeds Office of Cumberland County, Instrument No. 200831550, which is encumbered by the Mortgage described below. b. On or about June 12, 2002, Defendants executed a promissory note (the "Note") with Plaintiff in the amount of $191,500.00. A true and correct copy of the Note is attached [to the Complaint] as Exhibit "A" and is incorporated herein by reference. C. As security for the performance of their obligations under the Note, Defendants, as Mortgagors, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real Property (the "Mortgage"). A true and correct copy of the Mortgage containing a complete legal description of the Real Property is attached [to the Complaint] and incorporated as Exhibit "B." d. Defendants are the owners of the Real Property, and Plaintiff knows of no other persons holding an ownership interest in the Real Property. e. Plaintiff has made demand for payment of all sums due and owing [under the Note] . f. Respondent "is behind in her payments." g. Plaintiff provided [Respondent] with notice of the period in which Defendants' default may be cured, but [Respondent has] failed to cure [her] default. h. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c) (collectively, the "Notice"), Plaintiff sent notices of intention to foreclose mortgage and of the mortgage assistance program dated March 17, 2011, to [Respondent] by certified mail, return receipt requested. 9. The only material facts that have not been admitted by Respondent are that the Mortgage has not been assigned and the correct amount due and owing under the Note. 10. Respondent contends that Plaintiff assigned the Mortgage to Midwest Loan Services, however, the Affidavit of Dan Summers, Collection Manager for Members 1"Federal Credit Union, which was filed on September 26, 2011, ("Affidavit") and made part of the record, states that "[t]he Mortgage has not been assigned to Midwest Loan Services or anyone else," and that "Midwest Loan Services provides services to Members I", which includes collecting payments and maintaining escrow accounts." A true and correct copy of theAffidavit is attached hereto and incorporated herein as Exhibit "A." 11. Respondent states that she does not know the amount owed under the Note. 12. A Defendant does not have to admit the amount owed in order for a Plaintiff to receive summaryjudgment in a mortgage foreclosure action. "In an action on a note or bond secured by a mortgage, a plaintiff presents a prima facie case by showing `the execution and delivery of the [note] and its nonpayment...."' Corestates Bank N.A. v. Cutillo, 723 A.2d 1053, 1056 (pa.Super. 1999) citing Philadelphia Workingmen's Say. Loan & Bldg. Ass'n v. Wurzel, 355 Pa. 86, 90, 49 A.2d 55, 57 (1946). 13. The Respondent has admitted all of the necessary elements of a prima facie case as described in paragraph 12 above. WHEREFORE, Plaintiff, Members 1 st Federal Credit Union, respectfully moves that summary judgment be entered in its favor and against Defendant Kelly H. Bingaman, in the amount of $173,722.64, plus interest from July 15, 2011, at the rate of $29.14 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter. Respectfully submitted, By: MARTSON LAW OFFICES 2'e? /- (;, /?7 Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: Attorneys for Plaintiff This is a debt collecting firm for Members Pt Federal Credit Union. Any information obtained will be used for that purpose. EXHIBIT "A" FAClients\I 1470 Members IsAFILESTurrent\l50Bingaman\I1470.I50.a idavitl.wpd Christopher E. Rice, Esquire 2011 SEP 26 AN 10' Attorney I.D. No. 90916 S R. Christopher VanLandingham, Esquire CUMBERLAND COUNTY Attorney I.D. No. 307424 PENNSYLVANIA MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2011 - 5680 CIVIL TERM ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT OF DAN SUMMERS COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I, Dan Summers, Collection Manager for Members 1' Federal Credit Union ("Members 1st"), being duly sworn according to law, hereby deposes and states as follows: 1. As Collections Manager for Members 1', I manage the collections of monies owed to Members l' by Defendants Robert E. Bingaman, Jr. and Kelly H. Bingaman ("Defendants") under the promissory note executed between Members 1' and Defendants on June 12, 2002 ("Note") 2. As security for the performance of their obligations under the Note, Defendants, as Mortgagors, made, executed and delivered to Members 1 S`, as Mortgagee, a mortgage upon the real -OFFICE or THEL RO HOIIOTAR Y property located at Lot 35, Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 1 . 17055, that is recorded as Instrument No. 200831550 in the Recorder of Deeds Office of Cumberland County(the "Mortgage"). 3. The Mortgage has not been assigned to Midwest Loan Services or anyone else. 4. Midwest Loan Services provides services to Members 1St, which includes collecting payments and maintaining escrow accounts. 5. Members 1" continues to be the holder of the Note and Mortgage. 6. The statements made herein are made on the basis of my personal knowledge. G`)4/ 9x??? Dan Summers Sworn to and subscribed before me COMMONWEALTH OF PBft- LVWA this ZZ day of 5 can b r , 2011. NoOftSeN Laura L Hoke, Notary pubk I An Upper Alan TWp., CWWWW d County r?Y ComrnN?lOn )m. 2% 2015 Notary Public " CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit of Dan Summers was served this date by depositing same in the Post Office at Carlisle, PA, First Class Mail, postage prepaid, addressed as follows: Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 MARTSON LAW OFFICES By: Majy J. Price Ten EYst High Street Carlisle, PA 17013 (717) 243-3341 Dated: 914 a/l/ This is a debt collecting firm attempting to collect a debt for Members V Federal Credit Union. Any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Motion for Summary Judgment was served this date by depositing same in the Post Office at Carlisle, PA, First Class Mail, postage prepaid, addressed as follows: Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 Robert E. Bingaman, Jr. 386 Lewisberry Road New Cumberland, PA 17070 MARTSON LAW OFFICES By: V&,4) A ai,? M Price Ten aHigh Street Carlisle, PA 17013 (717) 243-3341 Dated: / 11?/` j This is a debt collecting firm attempting to collect a debt for Members 1" Federal Credit Union. Any information obtained will be used for that purpose. IP F \Oents\l 1470 Members I st\FILES\Current\150 Bingaman\I 1470.150.stipl.wpd OF THFEI P OHCNC1TARY Christopher E. Rice, Esquire 2011 DEC 27 AM II: 20 Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire CUMBERLAND COUNTY Attorney I.D. No. 307424 PENNSYLVANIA MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA. 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011 - 5680 CIVIL TERM ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants : IN MORTGAGE FORECLOSURE ORDER AND NOW, this 2I' day of December, 2b11, after consideration of the attached Stipulation entered into by the attorneys, judgment is herby entered in favor of Plaintiff and against Defendant Kelly H. Bingaman in the amount of $158,030.52 plus attorney fees in the amount of $6,500.00, costs of suit, and interest from July 15, 2011 at the rate of $29.14 per day until the debt is paid in full. 7COURT/, J. Distribute to: R. Christopher VanLandingham, Esquire 10 E. High Street Carlisle, PA 17013 r/ ?C ` 8,y) j Qn?CcN Sr . e°vl v e lort Ct Mtes-,,en( ""Jeffrey N. Yoffe, Esquire 21 Senate Avenue, Suite 404 Camp Hill, PA 17011 II i km s' 1LtCJ-C?i" r'r F:1ClimsU 1470 MeaMslstWUES%CLnemll5O Biogmo111470.IS0.uipl.wpd 1 i DEC 15 PM 2: C 3 ?j Christopher E. Rice, Esquire Attorney I.D. No. 90916 CUMBERLA14D CUUa f R. Christopher Vanl,andingham, Esquire P E N N S Y LVA I11 A Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILRO & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA. 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants i NO. 2011 - 5680 CIVIL TERM IN MORT? AGE FORECLOSURE AND NOW, this (50,day of December, 2011, respective parties, hereby stipulate and agree, with fi; Stipulation, that judgment be entered in favor of Plaintiffs in the amount of $158,030.52 plus attorney fees in the interest from July 15, 2011, at the rate of $29.14 per undersigned also stipulate and agree that the attached Ord any further action. e undersigned, as attorneys for their power and authority to execute this l against Defendant Kelly H. Bingaman zount of $6,500.00, costs of suit, and y until the debt is paid in full. The may be executed by this Court without R. C 'stopher VanLandingham, Esquire Attorney for Plaintiff C 12,1 4ZO/I rey -N. Yoffe, Esquire, Attorney for Defe dant Kelly H. Bingaman CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Stipulation was served this date by depositing same in the Post Office at Carlisle, PA, F6t Class Mail, postage prepaid, addressed as follows: Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 1'011 Robert E. Bingaman, Jr. 386 Lewisberry Road New Cumberland, PA 17070 MARTSON LAW OFFICES By: Mary . Price Ten E st High Street Carlisl , PA 17013 (717) 43-3341 Dated: 1-2-l"11-111 This is a debt collecting firm attempting to collect debt for Members 1st Federal Credit Union. Any information obtained will be used for that purpose. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-5680 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS IsT FEDERAL CREDIT UNION, Plaintiff (s) From ROBERT E. BINGAMAN, JR. AND KELLY H. BINGAMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $158,030.52 L.L.: $.50 Interest FROM JULY 15, 2011, AT $29.14 PER DAY Atty's Comm: % Due Prothy: $2.25 Arty Paid: ,$258.88 Other Costs: $6,500.00 Plaintiff Paid: Date: 2/23/12 David D. Buell, Prothonotary (Seah Deputy REQUESTING PARTY: Name: CHRISTOPHER E. RICE, ESQUIRE Address: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916 F:\Clients\ 1 1470 Members 1 stTlLES\Current\ l50 Bingaman\1 1470.150. pra.exec.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FILED-OFFICE THE PR0Tf1 ,, -41, 2012 FEB 23 AM 9: 21+ CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 5680 CIVIL TERM IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION UPON A JUDGMENT TO THE PROTHONOTARY: Please issue writ of execution upon a judgment entered by default against Defendant Robert E. Bingaman, Jr. and by Order of Court against Kelly H. Bingaman in the above matter, (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Defendant Robert E. Bingaman, Jr. and Defendant Kelly H. Bingaman; (3) and enter this writ in the judgment index against Defendant Robert E. Bingaman, Jr. and Defendant Kelly H. Bingaman; as a lis pendens against real property in Cumberland County, Pennsylvania, owned by Robert E. Bingaman, Jr. and Kelly H. Bingaman, and located at Lot 35, Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 (a copy of the legal description is attached hereto); (4) Amount due $158,030.52 Interest from July 15, 2011, at $29.14 per day $ Attorneys' fees Costs to be added $6,500.00** * To be determined by the Sheriff of York County, Pennsylvania. * * Plaintiff reserves the right to increase attorney fees against Defendant Robert E. Bingaman, Jr. to $15,192.12 per the default judgment. (5) Please attach the Affidavit Pursuant to Rule 3129.1 that Plaintiff prepared and is being filed simultaneously with this Praecipe. Certification I certify that: (a) (b) ag. 5b Pd e-?? qN C0F 37. YY It ee 9. 00 u 10.00` ,a a sg', gg ? Date: 0-/N,31P.1 c 41-,4- 0f ?'x ?ssUe? This Praecipe is based upon a judgment entered by default against Robert E. Bingaman, Jr. and by Order of Court against Kelly H. Bingaman, and Notice will be served at least thirty days prior to the date of the sheriff's sale of real property pursuant to Rule 3129.2. MARTSON LAW OFFICES By. Christopher E. Rice, Esquire Attorney I.D. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. 302424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union. Any information obtained will be used for that purpose. DOCKET NO. 2011 - 5680 LEGAL DESCRIPTION ALL, that certain piece, parcel or lot of land situate in Upper Allen Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Canterbury Drive (50.00 feet wide), said point being located at the Southeastern corner of Lot No. 32 of Canterbury Estates/Strock Tract and on the centerline of a 25.00 foot wide public access utility easement; then along the Eastern boundary line of said Lot No. 32, and along centerline of said 25.00 foot wide public access utility easement North 05 degrees 49 minutes 26 seconds East, for a distance of 148.93 feet, to a point; then North 21 degrees 49 minutes 25 seconds East, and continuing along the centerline of said 25.00 foot wide public access utility easement, for a distance of 26.37 feet, to a point at the Southwestern corner of lot No. 36; then along lot No. 36, and passing through said 25.00 foot wide public access utility easement, South 41 degrees 28 minutes 57 seconds East, for a distance of 171.10 feet, to a point on the Northern right-of-way line of Canterbury Drive (50.00 feet wide); then along said right-of-way line on the arc of a circle curving to the right, having a radius of 180.99 feet, and an arc length of 149.43 feet to a point and the place of BEGINNING. This piece, parcel or lot of land is known and numbered as Lot No. 35 on the Final Subdivision Plan for Canterbury Estates, Phase 1, which is recorded in Cumberland County Plan Book 54, page 8. AND any and all improvements erected thereon. ar , Uur 2012 FEB 23 AM 9: 24 Christopher E. Rice, Esquire CUMBERLAND COUNT Attorney I.D. No. 90916 PENNSYLVANIA R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011 - 5680 CIVIL TERM IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1 S` Federal Credit Union, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution Upon a Default Judgment was filed the following information concerning the real property located at Lot 35, Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 (see legal description attached hereto): 1. Name and address of owners: Robert E. Bingaman, Jr. 386 Lewisberry Road New Cumberland, PA 17070 Kelly H. Bingaman Lot 35, 2250 Canterbury Drive Mechanicsburg PA, 17055 2. Names and addresses of Defendants in the judgment: Robert E. Bingaman, Jr. 386 Lewisberry Road New Cumberland, PA 17070 Kelly H. Bingaman Lot 35, 2250 Canterbury Drive Mechanicsburg PA, 17055 Kelly H. Bingaman c/o Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: James C. Costopoulos 10 Courthouse Avenue, Suite 103 Carlisle, PA 17013 Palisades Collection, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 4. Name and address of the last recorded holder of every mortgage of record: None. 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person or whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to unsworn falsification to authorities. MARTSON LAW OFFICES By 57 Christopher E. Rice, Esquire Attorney I.D. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. 302424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ,2? 31AZI Attorneys for Plaintiff DOCKET NO. 2011 - 5680 LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land situate in Upper Allen Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Canterbury Drive (50.00 feet wide), said point being located at the Southeastern corner of Lot No. 32 of Canterbury Estates/Strock Tract and on the centerline of a 25.00 foot wide public access utility easement; then along the Eastern boundary line of said Lot No. 32, and along centerline of said 25.00 foot wide public access utility easement North 05 degrees 49 minutes 26 seconds East, for a distance of 148.93 feet, to a point; then North 21 degrees 49 minutes 25 seconds East, and continuing along the centerline of said 25.00 foot wide public access utility easement, for a distance of 26.37 feet, to a point at the Southwestern corner of lot No. 36; then along lot No. 36, and passing through said 25.00 foot wide public access utility easement, South 41 degrees 28 minutes 57 seconds East, for a distance of 171.10 feet, to a point on the Northern right-of-way line of Canterbury Drive (50.00 feet wide); then along said right-of=way line on the arc of a circle curving to the right, having a radius of 180.99 feet, and an arc length of 149.43 feet to a point and the place of BEGINNING. This piece, parcel or lot of land is known and numbered as Lot No. 35 on the Final Subdivision Plan for Canterbury Estates, Phase 1, which is recorded in Cumberland County Plan Book 54, page 8. AND any and all improvements erected thereon. F:\Clients\11470 Members1stTILES\CUrrent\150 Bingatnan\l 1470.150.notl.wpd r = .?? P PCTHC,N 0 , , Christopher E. Rice, Esquire 2312 FEB 23 Ali 9: 24 Attorney I.D. No. 90916 CUMBERLAND COUNTY R. Christopher VanLandingham, Esquire PENNSYLVANIA Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff V. ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 5680 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE that the Sheriff's Sale of Real Property (Real Estate) will be held on June 6, 2012, by the Cumberland County Sheriff's Office, at the Cumberland County Courthouse, located at One Courthouse Square, Carlisle, PA 17013, at 10:00 a.m., prevailing local time. 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 LEGAL DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is Lot 35, Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. THE? JUDGMENT under or pursuant to which the property is being sold is docketed to: Members 1 sl Federal Credit Union v. Robert E. Bingaman, Jr. and Kelly H. Bingaman, No. 2011 - 5680, Court of Common Pleas, Cumberland County. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE Robert E. Bingaman, Jr. and Kelly H. Bingaman. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of the 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 Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held, sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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 NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 By: Date: MARTSON LAW OFFICES Christopher E. Rice, Esquire I.D. 90916 R. Christopher VanLandingham, Esquire I.D. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members V Federal Credit Union. Any information obtained will be used for that purpose. DOCKET NO.2011- 5680 LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land situate in Upper Allen Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Canterbury Drive (50.00 feet wide), said point being located at the Southeastern corner of Lot No. 32 of Canterbury Estates/Strock Tract and on the centerline of a 25.00 foot wide public access utility easement; then along the Eastern boundary line of said Lot No. 32, and along centerline of said 25.00 foot wide public access utility easement North 05 degrees 49 minutes 26 seconds East, for a distance of 148.93 feet, to a point; then North 21 degrees 49 minutes 25 seconds East, and continuing along the centerline of said 25.00 foot wide public access utility easement, for a distance of 26.37 feet, to a point at the Southwestern corner of lot No. 36; then along lot No. 36, and passing through said 25.00 foot wide public access utility easement, South 41 degrees 28 minutes 57 seconds East, for a distance of 171.10 feet, to a point on the Northern right-of-way line of Canterbury Drive (50.00 feet wide); then along said right-of=way line on the arc of a circle curving to the right, having a radius of 180.99 feet, and an arc length of 149.43 feet to a point and the place of BEGINNING. This piece, parcel or lot of land is known and numbered as Lot No. 35 on the Final Subdivision Plan for Canterbury Estates, Phase 1, which is recorded in Cumberland County Plan Book 54, page 8. AND any and all improvements erected thereon. Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff r'. _ vUJ fOCcRL 1" GNN:- e'€ ' MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff V. ROBERT E. BINGAMAN, JR., and KELLY H. BINGAMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 5680 CIVIL TERM : IN MORTGAGE FORECLOSURE AFFIDAVIT I, R. Christopher VanLandingham, Esquire, counsel for Plaintiff in the above action, hereby certify that Notice of Sheriff's Sale of Lot No. 35, 2250 Canterbury Drive, Upper Allen Township, Mechanicsburg, Cumbrland County, Pennsylvania 17055 was served by regular mail at the address set forth in the Affidavit Pursuant to Pa. R.C.P. 3129.1, with the return address of the Plaintiff appearing thereon, to the following: James C. Costopoulos 10 Courthouse Avenue, Suite 103 Carlisle, PA 17013 Palisades Collection, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 There are attached hereto as Exhibit "A, Certificates of Mailing, U.S. Postal Service Form 3817, confirming mailing to such entities. MARTSON LAW OFFICES By: R Christopher VanLandingham, Esquire Sworn to and subscribed before me this day of April, 2012, f /! No a ublic Wr C.kLTM OF pEN14 Lv 1A COMMON -- Notarlal5eai May M, Price, MotarY Public carve Born, ? g, 2015 My u, nSSrJC[ATtON OF NOTARIES MEMBER, PENN", U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix poste Received From: MARTSON LAW OFFICES post, Pon ! 10 East High Street I, gal LO 1 ar is e, L0 One piece of ordinary mail addressed to: James C. Costopoulos 10 Courthouse Avenue, Suite 103 G <-; r) 170 Carlisle, PA MAY BE USED FOR DOMESTIC AN INT NATIQdAL IL,OOE. FOR INSURANCE - POSTMASTF 0: PS FORM 3817 j • MAY 1978 y k i }• U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, SNOT t,' PROVIDE FOR INSURANCE-POSTMASTER Received From: t f ?, MARTSMI LAW 1 E t High treet Carlislc PA 1701 One piece of ordinary mail addressed to: Palisades Collection, LLC C lo pot a er Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 PS Form 3817, January 2001 E)V1.S0d SrIl r M.t'j t, s 9'• U C ¦ a i CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert E. Bingaman, Jr. 386 Lewisberry Road New Cumberland, PA 17070 Kelly H. Bingaman Lot 35, 2250 Canterbury Drive Mechanicsburg PA, 17055 MARTSON LAW OFFICES By: arr M . Price ?????? Dated: