HomeMy WebLinkAbout12-4678
, 012 ,11JL 26 PM 12: 3 9
"UMSERLAND COB-
'PENNSYLVANIA
SOVEREIGN BANK, N.A., formerly known
as Sovereign Bank, successor to Waypoint Bank
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HARRISON F. BINK and KATHLEEN C. BINK
also known as Kathleen T. Bink, Husband and Wife
Defendant
NO. yV7 2012
: Civil Term
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A
WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT
FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY
OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE
SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
D!?? CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
Thomas A. Cap art, Esq
Attorney for Plaintiff
ID No. 57440
33 S. 7th Street, PO box 4060
Allentown, PA 18105
610-820-5450
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, N.A., formerly known as)
Sovereign Bank, successor to Waypoint Bank )
Plaintiff
VS.
HARRISON F. BINK and KATHLEEN C. )
BINK, a/k/a Kathleen T. Bink, Husband )
and Wife, )
Defendants )
COMPLAINT
NO.
MORTGAGE FORECLOSURE
AND NOW, comes the Plaintiff, Sovereign Bank, N.A., formerly known as
Sovereign Bank, successor to Waypoint Bank, by and through its attorneys, Gross
McGinley LLP and Thomas A. Capehart, Esquire, and avers a cause of action of
which the following is a statement:
1. The Plaintiff, Sovereign Bank, N.A., formerly known as Sovereign Bank,
successor to Waypoint Bank, is a Bank with a principal office located at 601 Penn
Street, Reading, Berks County, Pennsylvania 19601.
2. The Defendant, Harrison F. Bink, is an adult individual believed to be
currently residing at 111 North 17th Street, Camp Hill, Cumberland County,
Pennsylvania 17011.
3. The Defendant, Kathleen C. Bink, a/k/a Kathleen T. Bink, is an adult
individual believed to be currently residing at 17 Stone Spring Lane, Camp Hill,
Cumberland County, Pennsylvania 17011.
4. The Defendants are the owners of record of the premises known as 17
Stone Spring Lane, Camp Hill, Cumberland County, Pennsylvania, and more fully
described in Exhibit "A" which is attached hereto and incorporated herein (the
"Premises").
5. On February 6, 2003, the Defendants executed and delivered a
Mortgage to Plaintiff upon the Premises, which Mortgage was recorded on February
12, 2003, in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania,
in Mortgage Book 1795, Page 4522 et. seq. (the "Mortgage"). A true and correct copy
of the Mortgage is attached hereto, marked as Exhibit "B", and incorporated herein.
6. There have been no Assignments of the Mortgage by the Plaintiff.
7. The Mortgage was given as collateral security for a loan to the
Defendants as evidenced by a Promissory Note executed by the Defendants on
February 6, 2003 in the original principal amount of One Hundred Fifty Thousand
Dollars and 00/100 ($150,000.00) (the "Note"). A true and correct copy of the Note is
attached hereto and marked as Exhibit "C", and incorporated herein.
8. The Mortgage is in default because the Defendants have failed to make
monthly payments of principal and interest due under the terms of the Note and the
Mortgage since May, 2009.
9. Because of the aforesaid default, on or about May 4, 2012, an Act 6
Notice of Intent to Foreclose and Accelerate Mortgage was mailed to the Defendants
by certified mail, return receipt requested, wherein Plaintiff demanded that the
Defendants make a payment of $67,849.59, as required by the Mortgage in order to
cure the aforesaid default. A true and correct copy of the said Act 6 Notice is
attached hereto and marked as Exhibit "D", and incorporated herein.
10. A copy of the Verification Notice pursuant to the Fair Debt Collection
Practices Act, 15 U.S.C. Section 1692, is attached hereto, marked as Exhibit "E" and
incorporated herein.
11. The Defendants have failed to pay the amount demanded in the Act 6
Notice in order to cure the said default.
12. Pursuant to the Note, Plaintiff is permitted to recover reasonable
attorney's fees as part of this Mortgage Foreclosure Action. Plaintiff anticipates the
legal fees in this matter to be One Thousand Four Hundred, Ninety-eight Dollars and
Seventy-five Cents ($1,498.75).
13. As a result of the default which occurred in May of 2009, and since the
mailing of the Notice, the following amounts are now due pursuant to the terms of
the Mortgage:
(a) Principal
(b) Interest to 6/042012
(c) Late Charges
(d) Bankruptcy Attorney's
Fees
(e) Attorneys Fees & Costs
$69,162.33
10,522.39
3,053.19
3,894.20
1,498.75
(f) Satisfaction Fees 50.50
(g) Misc. Fees 1,177.60
TOTAL $89.358.96
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in its
favor and against the Defendants in the amount of $89,358.96, plus interest of $10.09
per day from June 4, 2012, late fees, escrow advances, costs of foreclosure and sale of
the mortgaged property and costs of this proceeding and reasonable attorney's fees as
provided in the Mortgage.
GROSS MCGINLEY LLP
By.
Thomas A. Capehart, Esquire
Attorney for Plaintiff
I. D. No. 57440
VERIFICATION
I, KAREN M. SWARTZ, state that I am a Foreclosure Specialist at Sovereign
Bank, N.A., Plaintiff in the within action, and as such, I am authorized to make this
Verification on behalf of the said Sovereign Bank, N.A., and verify that the statements
made in the foregoing document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904
relating to unworn falsification to authorities
Dated: 17 /,?/?Z'
T 7
Harrison & Kathleen Bink
ALL THAT CERTAIN tract or parcel of land and the premises, situate, lying and being in
the Township of Hampden in the County of Cumberland and Commonwealth of
Pennsylvania, more particularly described as follows:
BEGINNING at a point which is the northern most corner of land now or formerly of Pate
and running thence; North 61 degrees 15 minutes oo seconds East 311.94 feet, crossing a
private road known as Stone Spring Lane to a point on the westerly edge of the
Conodoguinet Creek, then along the westerly edge of said creek, South 19 degrees 39
minutes 29 seconds East 120.8o feet to a point which is the northernmost corner of land
now or formerly of Shoemaker (No. 16 Stone Spring Lane); thence along the northerly line
of said Shoemaker, South 61 degrees 15 minutes oo seconds West 202.30 feet to a point
(which is the easterly corner of Patel); thence along the easterly line of Patel, North 29
degrees 17 minutes 36 seconds West 119.28 feet to a point which is the place of
BEGINNING.
CONTAINING thereon a single family dwelling and a detached building/garage and being
known as 17 Stone Spring Lane
BEING THE SAME PREMISES WHICH Burris Ward and Janis K. Ward, formerly known
as Janis K. Pretz, husband and wife, by Deed dated June 30, 2ooo and recorded on July
10, 2000 in the Office for the Recording of Deeds in and for the County of Cumberland at
Deed Book Volume 225, page 31, granted and conveyed unto Harrison F. Bink and
Kathleen C. Bink, husband and wife, the within Mortgagors, their heirs and assigns.
EXHIBIT "A"
EXHIBIT "B"
(V? ?
OF DEEDS
c. LAND COUNTY
03 FEB 12 :Rid 8 29
Ga®em?eda of Fmosyhmis Spa Abe" This Um Far Remddlog Dab
MORTGAGE
i. DATE AND PARTIES. The date of this Mortpp (Security Imo) is .... k &?I?AT?X... R? 2QQ sad
the parties, their addresses ad tax identification numbers, if required, are as follows:
MORTGAGOR: HARRISON F BINK
KATHLEEN C BINK &je-, ? -n- T
? If cbwlwd, refer to the attached Addendum incorporated benzin, for additional Mortgagors, their ftmft es
and aclmawledgments.
LENDER:
WAYPOINT BANK
449 EISENHOWER.BLVD
HARRISBURG, PA 17111
2. CONVEYANCE. For good and valuable coosWeration, the moeipt add nrffxaeocy of which is acimoMledged,
and to segue the Secured Debt (ddimd below) and Mortgagor's performom u this Security Imttnm =,
Mortgagor grams. bargain, conveys and mortgages to Lender the foilowiag described property:
SEE.EKHIBIT A
The property is located is ..... q. 99J . ....................... at ..17..MR..P.M.TflIP .. Wl ...............
tcwmr>
................................................. , ........ llSk..k(?................... Pennsylvania .............. teat (W Cob)
Together with all rights, asemeats, appurtemnoes, royalties, mistral rights, oil sad gas rights, all water sad
riparian rights, ditches, and wsoer stock ad all existing and hours impruvm=, structures, fixam, and
replsoements that may now, or u any time in the futare, be part of the real estate described above (dl referred
to AS 'Property').
3.. MAXDRW OBLIGATION LOUT. The total principal amount staged by this Security Inpumeat at any
one time doll not eatceed $ ............. R, Q0Q,. Q................. This limitation of amount does not
iadvile ioleredt and other fees goal charges validly made pmwm to this Security Instrument.
4. SECURI®1D161 T. The term *Secured is ddb od D follows:
A. Debt incaned under the terms of all promissory nua(s), c ontraWs), /oeraaty(s) or other evidmoe of
debt described below ad all their exomdorq,,renewals, modiflcmdm or sukedudim. (Who
r>gfersa?cUt? elk dsbtr blow it is ncggerted tlrat you hwinde itsmr mck as bor o as' xm sr, note
avaorarts, urterat rarer, awntrwiry dates, etc.)
REAL ESTATE SECURE)D,CIASED END INSTALIMT LOAN
MATURITY DATE: 02/06/13
Pd nVMM . anooT EOIM ss011IT" e - CLOW EM a10T f011 /MIA. Na.IIC. FM 011 VA URI 4f+e? 10f B
6?r I O Im ftm n bc, at. CbW, MN fmm aFMC-,IT"A 7M2M
S
BK 1795PG4522
B. All obligations Mortgagor owes to Deader, which may later mime, to the extent not prohibited by law,
including, but not limited to, liabilities for overdrafts relating to any deposit account agnement
between Mompaor and Lender.
C. All additional ems advanced and expenses incurred by 1?ader for insuring, preserving or otherwise
Ong the Property and its value and nay other arms advanced and expenses incurred by 1.ender
under the terms of this security instrument.
This Security Instrimseot will not secure nay other debt if leader fails to give my required notice of the right .
of rescission.
S. PAYMENTS. Mortgagor agrees that all payments under the Second Debt will be paid when due and in
accordance with the terms of the Secured Debt and this Security Instrument.
6. WARRAN'T'Y OF TML E. Mortgagor warrants that Mortgagor is or will be lawfully seised of the estate
conveyed by this Security Instrument and has the right to grant, bargain, coma ey, sell, and mortgage the
Property. Mortgagor also warrants that the Property is nnencmmbexed, mept for marmbrances of record.
7. CLA1ffbTS AGAINST TITLE. Mortgagor will pay all tan. saw"MMts, liens, encumbrances, lease
payments, ground tents, utilities. and other charges relating to the Property when due, and provide to lender .
copies of all receipts on demand. Mortgagor agrees to make all paymeata when due ad cm* with all
Covenants of any prior secirity i on the Property.
8. DUE ON SALE OR ENCUMBRANCE. Lender any, at its option, declare the entire balance of the Secured
Debt to be immediately due and paymble upon the creation of, or contract for the creation of, any lien,
encumbrance, transfer or site of the Property. This right is subject to the restrictions imposed by federal law
(12 C.F.R. 591), as applicable.
9: PROPERTY CON»'M& Mortgagor will beep the Property in good condition and make all repairs that -are
reasonably necessary..
10. AUTHORITY TO PERFORM, If Mortgagor fails to perform any duty or any of the covenants contained in
this Security Inatruument, Leader may, without notice, perform or cause them to be perfi med.
11. ASSIGNbRINT OF LB,AMS AND REM. Mortgagor irrevocably grants, bacgsinm, conveys and
moitga es to header at additional security all the dgbt, tide and interest in and to nary and all obting or
fndrt leases, subleases, and any otter written or verbal agreemmes for rime use and oeeapanq of any pardon
of the Property. indnding AV eater, renewals, modem or submitutiona of such agreements and
rents, ismes and profits. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not
in default under the tests of this Security Imttument.
12. DEFAULT AND REMRDIES. Mortgagor will be in default if any poly obligated on the Secured Debt oils
to maloe payment when due. Mortgagor will be is default if a breach occurs under the terms of thii Security
Imtrtmo ffi or any other document execrated for the purpose of creating, sowing or guarantying the Seared
Debt. A good faith belief by I.eadar that LRmder at any time is insecure with respect to any pecan or entity
obligated on the Secured Debt or that the prosper of any payment or the value of the Property is Wp kW
EASiPb6 019" aM k SYMRW Me.. St Cloud. MN Form SFMCMTCrPA 716/2000
OW2 04) .
BK17'95PG4523
shall also constitme an event of default. Lander may accelerate the Secured Debt aubjec t to any notice
requirements of I endeQ to provide notice to Morip per as required by law. I ruder shall be entitled to all the
remedies provided by law, the teams of the Secured Debt, this Security Instromert and nay related documents.
All remedies are distinct, cumalsim and not exclusive, and the Lender is entitled to all remedies provided st
law or equity, whether or not exptesely set forth.
13. ERPUM ; ADVANCES ON COVENAM'S. Except when prohibited by law, Mortgagor agrees to pay all
Of T emder'a expemu s if MorWW breaches any covenant in this Security Instrument. Mortgagor will also pay
on demand any aesotmt•intatere 1 by Larder for insuring, inspecting, preserving or odse wife protecting the
Property and Ladder's security interest: These expenses will bear intend from the dale of the payment until
paid its full at the highest interest rate in etl<ec t as provided in the terse of the Secured Debt. MoetSugar agrees
to pay all costs and expares hu urred by Leader in colleotiag, enforcing or protecting Leader's rights and
remedies under this Security Instrument. This Security Insuvrow shall remain in effect until released.
14. INSURANCE. Matgagtx' shall keep property insured against lots by fire, hood, theft and other hazards and
tusks roarooably associated with the Property due to its type ad location. This insurance shall be maintained
in the amounts and for the periods that Lender requires ad shell hrlude a standard matpuge clause in favor
of Lender. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Leader's
approval, which shall not be unreasonably withheld.
1S. APPLICADLE LAW; SEVERABEIZIT; IMURPRETATZON. This Security Insavme c ui governed by
the laws of the jurisdiction in which I ruder is located, except to the.extert odwwite required by the laws of
the Jurisdiction where the Property is located. Any provision that appoints Leader a an is pot subject m
the provisions of 20 PaC.S.A. Section SWI at seq. (Chapter 56; Decedents, Be"
Fiduciaries
Leader, by exercising soy of its rights under this Security Instrument, does so for luesefn of:, return. -N Tiny
section of Security Instrument carrot be adorced according to its Lama, that section will;3e severed tod
wW am
the adoreeability of the remainder of this security Instrument. Whenever used, the sidgukz .
shall include the plral and the plural the s oom.
16.JOWr AND MNVMUAL LTABRM, COSIGNERS; SUCCESSORS AND AMGNS BOUND. All
dudes under this Security Imtcums et use joint and individual. If Martpxgw signs this Security Instrument but
does not sign an evidence of debt, Mortgagor does so only to mortgage Mottptgor's interest in the Property to
secure poYmeut of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured
Debt. If this Security Instrument secures a gnaauy between I erxder and Mortgagor. Mortgagor agrees to
waive my rights that may prevent Lender from bringing any action or claim against Mortgagor or any party
indebsod under the obligation. Mo tgsgor agrees that Lander and any party to this Security Instrument may
extend, modify or make arty dumps is the tams of this Security Instrument or aW evidence of debt without
Mortgagor's consent. The duties ad beeeft of this Security Instrument shill bind and benefit the anonsots
and taigas of Mortgagor and Leader.
17. WARMS. Except to the extent prohibited by law, Mortgagor waives any right to appraiteanent rdating to
the property.
r=A159r-ft' O 19Th er+ows fOWM me., rc O.W. MN F" WMCMTW M *15Mee
low a of q
BK 1795PG4524
? NOTICE TO BORROWER: THIS DOC(JMENT CONTAINS PROVISIONS FOR A
VARIABLE INTHREST RATE.
SIGNATUM& By tuning below, Mortgagor, mm ft to be legally bound hm by. Wm to the. tams 'and
covenmtt oontsined in this Security Ianrummt ad in any stachmeam. Mortpgor alto acknowledges receipt of a
copy of this Security 1puument on theed on page 1.
ACKNOWLEDGMENT:
KATHLEEN C BINK
;F . . ............ ...........
COMMONWEALTH OF ....?A .................................. COUNTY OF.. $Ni ................... ) ss.
audiv400 On this, the .. 6 th ..... day of . JIMPM...... NQ .. before me ..........
.. .. .. .
the imderaigaed officer, PersonailY Rgeared ... l$QN..rJl.K11!LW.. G.. ...
: 4s ? t .. • • • • • • • • • • • • • • • • • • ............................... known to me (or satisfr0ormy proven) to be the.
whose come(s) is aubtM*W to the within in? and ac.lamWgged thig he/she
„the same for the purposes therein
whmvof, I hereunto set my hand 1? seal. c \) .,
e Mx? a pyres:
:lk t w
f1v 11-P cc L
A1!: P?? ?
,,.... Mf? commltsia
PtIbNC . Ism
.... p..06..P...,.r 04...,x..... { ..............
It is hereby certified that the addr of the I eriderawithi aaased it: ?,YR.
.................................................................................................
F, , o 1986 9m* Ks SVUWM xw.. St. Cloud. MN Form SFMC4 rG-PA 7I AOD
6mw 4 of q
BKI7y5P9o;!)t:
EXHIBIT "C"
449 EISENHOWER BLVD
HARRISBURG, PA 17111
LLND "NAM AND ACCORDS
"You" nw m to Leader. Its armors and ass".
TSISSS FOLLOMINY A U AFFIY OILY W CEGI® L
NOTE - For vakw r "86 L 1 Pfondw to Pay te yes, or your order.
ONE HUNDRED FIFTY THOUSAND AM W/
KAIZLLEVA JOINK Loan NurnMr _
17 STONE SPRING LANE Date
CARP HILL, PA 17011 Maturity Dos
Loan Amount I
SOM011 EN'S RAISE AND AONESS Rwwwsl Of _
"1" includeswch Satowa shove. W40y and severily.
address above, the pinelpal sum of:
DoSw d 150,000-00
Pka Intwu Tram 02/06/2003 at tin rata of 5.09U % ow y err u dl UZ/UD/ZUIJ
? ADDITIONAL PNM ICE CMARSE - I also Was to pry a rwnmfwWMM fee M 1 , and it will be ?wid In cash. ? paid pro rate over 1M low arm.
? w o*AW from the pfaoaads E this fas is wWftW from the proceeds, the amount M Included in tin pfknaipal sum.)
PAYMENT - 1 will pay tbls now as follows:
Id ? Warest des:
PrOmical due: .
(bM This nobs has 120 y,,,.,,., TMs fkst payment wM be Inthe amount of $ 1,597.59 and wry M des 03/06/2003
MONTH tl+anaha.
A payment of s 1, 59pa7.59 we, be des an tin 6 th day of each
TM One ppmem of the aNke unpaid balansa of p*"d and Interest we, be des 02/06/2013
wTEIEST - hdaeat aoaruas on a DAILY basis. X91 SETUIEIEO CIEGI GMIIYE • 1 b • fan of i 25 - for each
? MNMIM PINANCE CHARGE - I agree to pay a n**nrm finance charge of OW I@ atun order tlbaobecause d It has b w war or drNt I Meua in ?i tins tam
at M rrd ean dahaafmd.
if 1 pay this ban off baton you have earned the much in ? POST41ATINSTY NTEEST - It imam we wow at the rate of %
fknrnCa a gas. n l e balsnw of this nob not paid at maturity. matur v by
Q? LATE DIA11131 - 1 apes so pat a late stage on Jury I wimb asn or payment: THE FINIFOS! OF THE Law N • REFINANCING
made more than 15 errs attar It Is des epsl to 10 % of the
wwom smourd, or s 20.00 . , amww. M GREATER
SECURITY - You have contain rights that mw affect my property as explained on papa 2. ThMibw is M not furdw secured.
(a) ® This bar is eaeu I by A MORTGAGE , dated 02/06/2003
IN ® Security Agleawnt - Air. a security Interest in the Proinny dew Nwd below. The dohs 1 am gHing you In thin Property and tin ob%4rtW* this
a" 0m amour" am page 2 of 00 agraerwnt.
17 STONE SPRING LANE
CAMP HILL, PA 17011
This Property we, be used for RESIDENTIAL Purpose.
ANNUAL PERCEIRAE! RATE PNANR GIMME AMOUNT PMMNCED TOTAL OF PAYMENTS 1 have On rlsht to bselw at thin
The armt el rrry mint The inn wawa *a Tim womm of area The amant 1 wit Ice pW wen Hma eats ft
M a tared rat. Great con asm AN.
I
1 paced to nw or on ay same. I has weft ad e01uAaRd aaNnmrm.
5.090 % * 41 710.80 s 150,000.00 If 191 710.80 YES'Ilmem
an kembati-.
My Payatrm SMsdtde we, be: NO - I do not want
ra,m ei of Pay,"w" Amaaa of fryrrwa WINn Pav mem An Due an Irrmizedon.
120 i 1, 597.59 03/06/2003 "a" reamers all
i a 40.50 R Ing Fees-
11 Nonfat/ Nascence
i
? This note has a danced feature. ? This nee to payable on dammd and ay d ckMwn as based on an emnied maturity of am year.
Ssaehy -1 am 9" a security Inamme In: ? ww ".*tion of so. proww)
? the goods or property, b" purchased.
D - TM annual paoanyape rate does not take into a eowt my
? collateral aanrrirto ether low with you mw also cactus alder Man. ?
ra0n
? my deposit aoaotrde and otlrer rights to the OaYMM of moray from you.
FrapaFno - If I coy oat this non vary. 1 ? may 30 wS not haw to pay a mkabaan fnwe charge.
? R 1 pay off this nos early, l wit not be ardklsd to a sho of part of tin addMwW finance charge.
ULM@ Grip -1 we, be charged a lsb charge on any paymad maft from than 15 days afar If is des ague, to 10 % of tM unpaid
.mm, or d 20.00 , whWwm is GREATER
? Aaaaarllsm - Somsene buying tin Poprty esetrkrg date o1 ISatI Cannot aaswm the reminder of Ve obligation on the original tams.
I an ate ruin wawar d mmmur fa aft adSSmal kdaeragen abed ttalaR arty no" Mel 0 balsa tin achadided tiler. ad Maras and punish.
CIEDIT MNURANCE - Craft SIN Irm -a and sneak dlsablky Insurance we not ITOWATION OF AMOUNT PONIOCEO
raquYed to obtain sacra, and will net be provided wdesa I apt and epee to pay AMOUNT GIVEN TO ME DIRECTLY 1
Nla addlladl can. San Notice of Proposed Insurance on page 2. AMOUNT PAID ON MY (LOAN) ACCOUNT i
Type A'arrdum Term i .
Credit Los AMOUNTS PAD TO OTHERS ON MY BEHALF:
Credit Disability b Insurance Companies
a
John Cradle um to Public Officials i
i
Nam of bataer f
® do not ware credit We kstrrm..
113 do i
r
10 do Sir do not want ermdt dkwbaq knarrenca. Om) PREPAID FINANCE CHARGE(S) i
10 do ? do not want gird aradt We i ouraoa.
10 eo , Anw mt Financed a 150,000.00
Dos q?3
x ,
?TK
cr /Xti- L • rGJ (/N.fC? DOD IAdd as kerns financed are subtract prapmkl finance chmpa.)
PROPI TTY NMiRAMCE -1 may bblaIn propedv Insurance from anyone I ward that
M acceptable to you. It 1 pt tin ins ranee from or through you I win pay
SIYMATUIEt - 1 AGREE TO THE TEIM1i SET OUR ON LASE 1 AID MYE 2 Of
a -for of coverage. THE ASRENIIR. I HAVE RSCE11Ef A GO" OF THIS DOCUIMM ON TODAY'S
SNYLE SITEIEST INSURANCE - I may obtain 040 irderat Insurance frw DATE.
anyone I want that Is acceptable to you. I 190 the insurance from Or through you 01111 - SEE NOTICE ON PAYE 2 WOW SNISRY.
I we, pay i for of Coverage.
? M
??
Sipnatwa
?
d
f0ptionall ow
.
Signed For Lender
/ /' /L . _ - ?
Title Spnagra4
SIMPLE NREREST NOTE. DISCLOSU I E. AND SE MM AGREEMENT CONSUMER LOAN - NOT FOR OPEN-1ND CREDIT
E av? , o tast, tap sw*m ayannu. tm, St. cbW. MN Farm ND@"WA 6/2712000 (wo t of 21
ADDITIONAL TEND OF THE NOTE
DEFIIMTNM • 'iV "no' or 'my' memo each Borrower who sign this note and
each other parson or legal aMIt Ikrc Wing guarantors. endorsm, and wx~
who agave to pay this note 009WW rafarrot mss 'us.). 'You- or "your' magna
the A ? uw succown and
iem and my' opwsm•nt securing this note Lwilll be - This
the I
The
mOHw d
C pop owerh t of drNa.urs.?onh101wt IM.hded mTi mum. o/ this
epwwoM. Tha hat det any part of thin note amhet be eMeroed who not Now
tlr lent d this weft. dr OMW m this note or any apraemam ? I this note
must be in wdlbhp and MVW by you and mo. Arty provision tMtippsi to vow n
IM?tsr Is Do m Estates provisions smal FlduNrr ei l?sode) $M I Section w5001 of Chap f your
rWft under this nom. Toole do so for Your ace buret'.
AND LOCATIBN • My none amd W*m Indicated an 0a0a t am n exact
Ipal roue and m1r_ prkwipal wa,, , . I we P.-do Yew vddh ot Nast 8D dap
notice Y prior to tfada h pev maM? p ban s? .appNa? first m any charges
I owe huller amen and bdsoat, trot m intonat trot le tlw and 1ieEy to
arirhee 'the Is due. Me him choler will be nnnad on env ceramist when the
RII / eymsm IK• l apM a t1A peyllem. I M e amgmt of my rmw p vroom end aspana an
ards w ban N whole ale in part at.aw tins. N 1 b
part, 1 east stN weir each IstN paynmant >n tlho oripirhNamount a r baW dim
mrhi this nom Is nit In full.
1h rosa on this ben will Iwvr sreasd the
N? • TM b hmamst fm and ether al
hUSSIY
ACCMJALtmEET110ET ni. adNawwNt MMarapTs Nit 1 will ow an this ban will be
edn/latd the beet not and aeaud Illed stated an paps t. For
kderast ealelll an. tM aeenal lestlhed vrB dstallhba tlm number of days b s
your. It no etrrwl qtr atatad, then you mw use any eaonabb souuW
nwthod for
HOST MTINBTY BEST btsmst will semn on tM prknbW balsnae
strapeKIU shot nw"mLWlrm at the ram solidified on paps 1. For purposes
IW N tbla loch b payara an damad, an OW dote you orb daweM for peymorhp
Ibl N this bat Is pwabla on dormad with alto we payohaM dote W, on tlr data
Ydo who for par m or on tM f" shsrnsta pumat data,
You wkft
Id On the data of the last scheduled peymon of principal; or
la On the data you ecaalasm the due dote Of VO loan idalrnd knouaam
ADVPMWROC OUli AND EEfANG - You will advance the ban orooeds by way
of ch" : wlro trslsmf, aeNt to an account or alts oond* don w You sd
1 slime. TM =h W will oaeur up- meswmmetbn of the bah end so Yw and
1 ogee, except that rw sdvalmbl wit char uMS efar three buaknen drop from
the acts of aahawhmatlen If the ban Is naeNdebN phrauarnt m MgMion z 114
C.P.N. 1226.
SEAL NTATE ON BgIOENCE SWJWY - N this ban In secured by real estate r
a rm. - . owl, panesnal the exlessue of a default and You nerrm On
for such a ' I A will be by applicole low, by on tw of row
s?epsr ?YWows met , it I the osew sly Inmlest cad. m the eaten not prohibited
net contrary to the teen of the separate security buefnwnt, by for
all T SublM to sly Wldtakm in the "MAL ESTATE Oft IIESN)ENCE
ICUMTY' perepe- 0 above, 1 wN be In default on this ben and any agesmat
asewirla this ben any eon or more of she fallowing ocean:
IW 1 fog to asks e in foot when due;
IN I dir. em dsobtad?t. or' p - rma brolvant:
lel 1 fag to keep arhy prenulss I hoes Once In crrwcdon with tds loan;
Idl 1fag h ? , a P WIN ~ Prembe on, any odor loco or sgeement 1 have
Id 1 nuke sly mitt" atefenhene ale pavlde any fbwmlmi bfarmetbn that is untrue
or klaeamam at the tau it is provided:
10 Any lea I of airs m osseot cry debt 1 am Mrouph court
w eat ON a narepeeeeegion:
{{??1 Imo, ame/ daaueyed a seeion;
IIIi) I fail jre nail *ad" eiak" wacky that you may squire:
III Ashy antsy Isuh w e prmasMp or tunporation) host had spread to pay
tole abaerw raergNulew, cab Ion buskhws of existence, or a
U1 lecome s ryouu to to N have dmieultY
the amour 1 oho you.
N srry ware N ddauk on this note or any security egrwn up . you nny
ahwebs romMANs spWW or as of w.
SECUFM' - SAM m any g?stbno In the 'REAL ESTATE ON IIESOmm
EWIMTY PafoI sbew. N 1 am In default on this loon or any pgrowo n
searrbrg this bal. yyweu may:
Id Mein lea .Wd peWpa, wend Interest and N otpw grow chortled 1 a" you
under this ben rmuagtely due; _
(b) Use ike right sart-o" n explained
(c) DanWld Foos ssapky or taw 0 W oblip ted to pay the Irwa far bothl jr,
Id) MMo n ?aNkau farrg ant' other lea wdy
sveMbb an fld 4M a" M kWRWM9 b"WIl N sheds that may be
to) Vw WIT ranaey yau haw arch atals or federal law: and
tH use any mindy given m You in may, sp m0 saw" this bar.
tat ?ydoz yra up yaulrbe?r
Of, clummin m fq of eprw OLrga M dowh v not
danatakir1*. You dot not OW lip yaN.dg ht m tlarrldN the oyes a d~ g it 0 mom
Cos. of COLLSCTION AND ATTOmmor I= - I ages to pay yell so
roanrrbla Caam YOY law to o01nd this debt or room on shy security. This
kNlbdw, W MS prolfsulmd by row, maamft aaarnen' fen. This
pfasisbn dot
sw apply s 1 fM s i ll " m N all ww dais fit row elder shy klflptc lever
oNaggNolbirwmrt?t Mm by N - Stated, N N such patNbn N of tdsim fit rbanNMf is filed
nodmi.
SET.OFP • I W" art Yaw MW eat off any amamt die and pwabla under this
lug any d gM I have to sosre motley from you.
m esdw dully from YOU, aware:
e1 Any dePeaN aonmlm we I have with You:
Ill) Any alpry owed m ate an an ham pmated to You Or in you possession for
ki repfo or and
igaaNaN N ddhr flbspsllon.
Aw erlfelrtt dw nit prpMa ahdNtnsem• numn ft total artisan of
which yau aw arhttlad m bmhNd pw111a1t lndr the ""ft of this hate at the tires
you ma o hr This ? rmardM row bWahoe the due lam fur whkh You pspm*
M ON dot to too" in- I from YOU is all wmrd by aosrafa who hall not
mormad m pay this nob, yaw rVA of wFoff wo mp* to mw 1 ta=t in the
ad to WW emhsfrme 1 CPA withdraw an my gob wgaNt N
411111
adaaesWlt. Your f?ht of m-off caw nee aPWV Is an atxofar at flthor abspafbn
whin imy_risA_ rise arhip in • npeNnMIW efh?es tv. N all does sot apply to
you will not be seeds for the drllrnar N soy shock Wan the dWWrr eaaurs
errata wu eat OR this debt any of my accounts. 1 spas m he
yea
hredm Nom any such deirw n a rasull at your emmm of pal dam at
OOTTM SICU M" - Any or Mamie q Seem" row Older debt I
one you else will scare +M tpwmrn of ".banw?ll.tirty _»
emsi roths dom
will not ever. this ken P awh r•mw O*N*d curd' sd you h1 to
provib anw wmhiad metre fit raaaisaian. Also, or.mt, saNabhs another
a.bt wit whet aoaw uls ben m
the swat roue' popsty Is rh hmrahaM
OSSBATIOM BIBBPSPEI/R - 1 wwwmuw dust
mepwbm of to oblip son of sry ether pormal.who bat all oproad to ON it.
You may, wMhsm notba. M!w me as any of as..?,give w aw You mw have
om a mORV n tthose ald? far now eo ns. and I who t1r be renew t or =this Is n
You way, without notice. 1M to you naufty intneat r, = or relewa
aonwy No ad 1 wB atM M .14 dim MW this ken.
WM11lw - I were Ion ale extant persdttea my few) dawnd, peearrho nt, protest,
mhos of dalhaW sM make etw
PKWJCIAL STATSM?1s - 1 it give you any find- 10 smtewats of informeton
that you ltd boenrssrlweema1. M flammfel stetawanb and'infarwtion 1 On You will
"woo M1Ean0OMEY LOAN - N this r o ft h. Money Loan. you mW Include the
PIMINd
ems c the solar an the cheek or draft for this ben. .
Eigs oe minl, Ing artws sywNro, Inc., &. CIw0. MN Form NDAe MA OR71t000
cover
from
d~. In addition to On nwA*m al- a of hi inn the a any MTY' paragraph, you mw IoMr EHbE notbe
d by loch:
scheme any ratp., Insurance, N 1 fall to do
dad m do soh. You aw dd me smart YOU
arM on Mat ahwnxht at the bhtoeN ram
avesahle
arnd shy' ml ad records tad mob It
he PropeRy, but in doing me you lney not
aw, env milled dbby flow. 0 t ioYPepMty ?YUmd?is
on the wfeawebn by giving We nNbo and
If sequbea Yv law.) You nay simply what you
rey m aprew and Own as the deft. N
of Ina b Iota Om what 1 a" you,
vat the ershoa No the extern prnMed by
T1MND PANTY AMBIMlMT
Tar tlo purposes of tha Ve hr tlhr orhabatNa, 9,, "mw' or 'my'
moor tlw paean alor" below and 'you' means ft Lorlder idsntlHad on
Papa 1. .
I "red m give vau • seowky 2m to"t in do ftpofty, that is do~ on
osp 1. 1 opm te On toot of this nom and aaxlly sprommar but I sn.ln no
way, poaamMy A" IN popow t of the debt. This meaty are E the ft - - r
MoWb, cry klfenwt In the assured Property may be used m salbfy the
Berrowees dot. I ages tkw you may, whoaut relsssbp me of the hopel"
from this Third Parry Apaanrnt sal wkhat thodoa or darnrd upon no,
ashterhd now anal to Noy ft $mN, renew N tlmb neuter ssowky
apwlrort oral N wag /irrhse and IN aw tone N hf m OrNmR Mir sews"
'?yHaym, mommin. it**. N release my oneky Hnebdhp gum orderl for On
orbe ON
I HAVE IlCWW COWLEM COPY OF TM NOTE AND SECUWrY
ASIlBlNT.
MAINE
x
NOTICE TO COBIOMII
You We oeWwal we har asked os deA am e- ametwiv
rase Yee b. M In bswssrN doesn't pay on Son Mt. You you saw dead to pay M you raw p, ad dtet you waWIN g to unapan ?
t thole
Imes is pay up es ao to assumed of to dNt v Bra b@WWdw Mat
set say. Yw son My NM M Pw INS IM N odbagn one. wMM bmlaesa
trio omsmr.
oesaet
The aoimr sem sesae ads Hoist hem yon wWom 1M wYlq to
Uam tlha rewoe - TM mdlbr ear ism 1M wawa aasaados mdrda osaen
Vow arse mom be and milpolook IM bswser. week oat soft Vale. a& N ate debt
b ewr b ddai. auk foK mw bo m hart M yw sod wood.
This saga to net 1116 sarrae art mrbw Yea gob for do dot.
Attach FTC••Pnesavatbn of Consumer Curies
ohd Damns' ltotea H APPSeabb
4mW* 2 of Z
in oll
ar dl revs
l
who net not"
it now other,
Ow debt is a
UM TGWMPID POOPSITy • Ihulsas Z.-.41 N few" aSfarrwr 1 npraeat this 1 0. 1
dety apairtet curer dale. 1 prw Is do alhamvar you
0r inmraeR and vow poky. 1 WE not do 0fifth p to
'oPweY in my possession !except N oladwd wW delivered to
psep repair end an k WAY for he Lta?iMd pwpom. 1 will
eewa cure dr "M -Ml is dha Ft , in a tM Flopnty to'
ssonr
emote, wblehrt your wctmn aaraM. 1 who pay as taxes and
MY Y Abe om due. I will inform you of oq Iass or
arty. doM of reasonable seem In order to
I property for a purpose that wit violets ony laws or subject
Ihnla r eeknus.
to buy iws" on the Pnopwty against do risks ad ter the
1 will none you w Iwe paves on any such pdicy. You relay
V on this ken If you egos Mat kmallrarhea pmossds may be
we the Praporey. I ages shot If 00' - I lrauuso"** do not
no u o b ueYeats In ply go difference. gA --do. The llii
it to d m will to sass
1 Will hasp the kwuam utg as dabte oeaed W this
ADDITIONAL TUMMi OF THE MCLWrY AONEEMENT
MODIFICATION AGREEMENT
Automatic Payment
This Modification Agreement is entered into this 6tday of FEBRUARY 2003 , by and
between HARRISON f BINK A KATHLEEN T BIRK of
17 STOM SPRING HILL, FA 17011 (-Bomwer-) and
WAYPOINT BANK Wk. Harris Savings Bank and York Federal Savings and Loan Association,
a federal savings bank, with its principal office at 235 North Second, Street, P. O. Box. 1711,
Harrisburg, Pennsylvania, 17105-1711 ("Lender").
Note Date 02/06/2003
Account Number
Loan Amount ONE HUNDRED FIFTY THOUSAND AND N01100
Dollars (S150,000.00 )
WITNESSETH the parties hereto intending to be legally bound hereby declare, promise and
agree as follows:
AMENDMENT TO AGREEMENT
The Annual Pie Rate of 5.090 % as provided in the Note will be inereaaed to 5.340 %
upon the Borrower(s) causing or allowing the automatic Loan Payment terms associated with their
active Waypomt checking account to terminate for any reason including Waypoint's action pursuant
to the account agreement. The Annual Percentage Rate Ineraase shall become effective the day after
Borrowers' account is closed or the Automatic Loan Payment stops or is stopped.
Except as modified herein, all of the tams and conditions of the Note shall remain in full force and effect,
shall not merge into this Agreement. This Modification Agreement shall be binding upon the parties hereto,
their heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first
above written.
Waypoint Bank:
r _
?syp Re emotive
w
W&Wint Bank Rep um ative
BORROWER
WrAmint Bank Represwtadw
BORROWER
VA ??i
EXHIBIT "D"
May 4, 2012
Via Certified Mail, Return Receipt Requested
and First Class Mall
Harrison F. Bink
111 North 17th Street
Camp Hill, PA 17011
Harrison F. Bink
17 Stone Spring Lane
Camp Hill, PA 17011
Kathleen C. Bink
17 Stone Spring Lane
Camp Hill, PA 17011
ACT 6 - NOTICE OF INTENTION TO FORECLOSE MORTGAGE
AND ACCELERATE MORTGAGE
The MORTGAGE held by Sovereign Bank, N.A., (hereinafter "Sovereign") on your property
located at 17 Stone Spring Lane, Camp Hill, Cumberland County, Pennsylvania
("Mortgaged Property"), IS IN SERIOUS DEFAULT because you have not made the
monthly payments of $1,616.03 for the months of May, 2009 through May, 2012. Late
charges (and other charges) have also accrued to this date in the amount of $8,226.94.
The total amount now required to cure this default, or in other words, get caught up in your
payments, as of the date of this letter, is $67,849.59.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to
Sovereign the above amount of $67,849.59, plus any additional monthly payments and
late charges which may fall due during this period. Such payment must be made either by
cash, cashier's check, certified check or money order, and made payable to Sovereign
Bank, 601 Penn Street, Reading, PA 19601. If you do not cure the default within THIRTY
(30) DAYS, Sovereign intends to exercise its right to accelerate the mortgage payments.
This means that whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to pay off the original mortgage in monthly
installments. If full payment of the amount of default is not made within THIRTY (30)
DAYS, Sovereign also intends to start a lawsuit to foreclose upon your Mortgaged
Property. If the mortgage is foreclosed your Mortgaged Property will be sold by the Sheriff
to pay off the mortgage debt. If you cure the default before Sovereign begins legal
proceedings against you, you will still have to pay the reasonable attorneys' fees, actually
incurred, up to $50.00. However, if legal proceedings are started against you, you will have
to pay the reasonable attomeys' fees even if they are over $50.00. Any attorneys' fees will
be added to whatever you owe Sovereign, which may also include Sovereign's reasonable
costs. If you cure the default within the thirty (30) day period, you will not be required to
pay attomeys' fees.
Sovereign may also sue you personally for the unpaid principal balance and all other sums
due under the mortgage.
If you have not cured the default within the thirty (30) day period and foreclosure
proceedings have begun, you still have the right to cure the default by paying off the full
accelerated amount due and owing, plus fees and costs, and prevent the sale at any time
up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total
accelerated amount due and owing, as well as the reasonable attorneys' fees and costs
connected with the foreclosure sale and perform any other requirements under the
mortgage. It is estimated that the earliest date that such a Sheriffs Sale could be held
would be approximately six months from now. A notice of the date of the Sheriffs Sale
will be sent to you before the sale. Of course, the amount needed to cure the default
will increase the longer you wait. You may find out at any time exactly what the required
payment will be by calling Sovereign at the following number: (800) 753-7366. This
payment must be in cash, cashier's check, certified check or money order and made
payable to Sovereign Bank at the address stated above.
You should realize that a Sheriffs Sale will end your ownership of the Mortgaged Property
and your right to remain in it. If you live in the Mortgage Property and continue to live in
the Mortgaged Property after the Sheriff's Sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the Mortgaged Property. YOU
HAVE THE RIGHT TO SELL THE MORTGAGED PROPERTY TO OBTAIN MONEY TO
PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER
LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO
SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER
OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT
ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEYS' FEES AND
COSTS ARE PAID PRIOR TO OR AT THE SALE, AND PROVIDED OTHER
REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT
SOVEREIGN TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD
PARTY ACTING ON YOUR BEHALF.
If you cure the default within thirty (30) days of the date of this letter, the mortgage will be
restored to the same position as if no default had occurred. However, you are not entitled
to this right to cure your default more than three times in any calendar year.
SOVEREIGN BANK
ATTN: Karen Swartz
601 Penn Street
Reading, PA 19601
(800) 753-7366
2
THIS LETTER IS FROM A DEBT COLLECTOR. THIS LETTER AND ANY OTHER
CORRESPONDENCE FROM THIS OFFICE IS AN ATTEMPT TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Very truly yours,
Thomas A. Capehart
TAC/jlk
00451448.DOCX
EXHIBIT "E"
MALCOLM J. GROSS
PAUL A. McGINLEY
HOWARD S. STEVENS
DONALD LaBARRE, JR.
J. JACKSON EATON, III
MICHAEL A. HENRY
PATRICK J. REILLY
ANNE K. MANLEY
SUSAN ELLIS WILW
VICTOR F. CAVACINI
THOMAS E. REILLY, JR.
STUART T. SHMOOKLER
JAMES A. RITTER
ROBERT A. ALPERT
ALLEN L TULLAR
RAYMOND J.DeRAYMOND
THOMAS A. CAPEHART
JOHN F. GROSS
KIMBERLY G. KRUPKA
KIMBERLY A. SPOTTS-KIMMEL
ANDREW H. RALSTON, JR.
CROSS
McOINLF?TP
www.amsmcoinley.com
Please reply to:
Allentown Office
33 South Seventh Street
P. 0. Box 4060
Allentown, PA 18105-4060
Telephone: 610-820-5450
Fax: 610-820-6006
May 4, 2012
To: Harrison F. Bink
111 North 17th Street
Camp Hill, PA 17011
Harrison F. Bink
17 Stone Spring Lane
Camp Hill, PA 17011
LOREN L. SPEZIALE'
MICHAEL J. BLUM "
SAMUEL E. COHEN-
EWALDE M. COOK
ROBERT G. VIDONI-
GRAIG M. SCHULTZ'
TYLER M. SMITH
OFCOUNSEL
MICHAEL J. PIOSA
'Also admitted in NY
'Also admitted in NJ
tAlso admitted in DC 8 MD
-Also admitted in MA
Kathleen C. Bink
17 Stone Spring Lane
Camp Hill, PA 17011
We have submitted the attached Act 6 - Notice of Intention to Foreclose Mortgage and Accelerate
Mortgage ("Notice") to you on behalf of our client, Sovereign Bank, N.A., successor in interest to Waypoint Bank
("Sovereign").
WE ARE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. SECTION
1692, TO PROVIDE YOU WITH THE FOLLOWING NOTICE:
The amount of the debt owed by you is $87,588.39, as of May 15, 2012.
Waypoint Bank is the original creditor for this debt.
You have thirty (30) days from the date of this Notice to dispute the validity of this debt. If you
fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is valid and the
amount of the debt is correct- If you notify us in writing that the debt or any portion thereof is disputed
by you, we will obtain verification of the debt from our client and provide such verification to you.
Please note that upon the expiration of the thirty (30) day period described above as well as in
the Act 6 Notice, the Bank may take action to enforce its rights to collect the amount owed, including,
but not limited to, filing a lawsuit against you. As such, you should expect that the Bank may proceed
with any action as set forth in the accompanying Act 6 Notice you have received with this letter.
Please note that if you have filed a petition in bankruptcy or if you have received a discharge in
bankruptcy, this notice is for informational purposes only and should not be considered as an attempt
to collect a debt, but only enforcement of the lien against property.
This letter is from a debt collector. This letter and any other correspondence from this office is
an attempt to collect a debt and any information obtained will be used for that purpose.
Sincerely,
__-Thom- -A Capehart_
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SOVEREIGN BANK, N.A., formerly known as
Sovereign Bank, successor to Waypoint Bank
Plaintiff
vs.
HARRISON F. BINK and KATHLEEN C. BINK,
also known as Kathleen T. Bink, Husband and Wife
Defendant
No. CIVIL r
.u 3
MW
Mortgage Foreclosure
Cl) N
in na
(")
:X C
Z :CD
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you
may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter
with your lender.
If you do not have a lawyer you must take the following steps to be eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact
MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and
request appointment of a legal representative, at no charge to you. Once you have been appointed a
legal representative, you must promptly meet with the legal representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
legal representative complete a financial worksheet in the format attached hereto, the legal
representative will prepare and file a Request for Conciliation Conference with the Court, which must be
filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do
so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative
of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage
foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to
be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service
for the appointment of a legal representative. However, you must provide your lawyer with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60)
days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work
out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Date 7f
Respectfully submitted:
omas ape art, q
Attorney for Plaintiff
33S.7 m Street, PO Box 4060
Allentown, PA 18105
610-820-5450
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different)
State: Zip:
Yes El No ? Listing date: Price: $
Realtor Phone:_
Yes ? No ?
City:
Phone Numbers: Home:
Cell:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender: _
Type of Loan:
Loan Number:
Second Mortgage Lender,
Type of Loan:
Loan Number:
How long?
How long?
Date You Closed Your Loan:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment: _
Primary Reason for Default:
State: Zip:
Home: Office:
Cell: Other:
State: Zip:
Office:
Other:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $_ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $_ $
Automobile #1: Model:_ Year:
Amount owed: Value:
Automobile #2: Model:_ Year:
Amount owed: Value:
Other transportation (automobiles boats motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
3.
Borrower Pay Days: Co-Borrower Pay Days:
Additional Income Description (not wages):
I . monthly amount:
2. monthly amount:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage
- Food
2'
Mortgage Utilities
Car Payment(s) Condo/Nei . Fees
Auto Insurance Med. not covered) I
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Day/Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
2
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes F-1 No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Servicing Company (Name):
Contact: Phone:
Phone:
I/We, , authorize the above
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/We
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature
Co-Borrower Signature
Date
Date
Please forward this document along with the following information to lender and
lender's counsel:
Proof of income
VJ Past 2 bank statements
V Proof of any expected income for the last 45 days
Copy of a current utility bill
Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
~~,~ntr of +:'it~bPr/,~~~
'G ~;; °.~
_ ~~ ..
pFfrCt~ ",r TKE Sr_R11~F
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
~: ~ (~ AUG 2 I AM E~~ 2 f
~.~~~~~~~~..fi~~~ C,i~~. ~ i °~,
F'~NtdSY~ ~"AMi
Sovereign Bank
vs. Case Numbe
Kathleen C. Bink (et al.) 2012-4678
SHERIFF'S RETURN OF SERVICE
08/06!2012 04:06 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on Augu 6,
2012 at 1606 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notic of
Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Harris n
F. Bink, by making known unto himself personally, at 765 Lancaster Avenue, Enola, Cumberland Cou ty,
Pennsylvania 17025 its contents and at the same time handing to him personally the said true and cor ect
copy of the same.
BITNER,
08/06/2012 05:25 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on Augu 6,
2012 at 1725 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notic of
Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Kathle n
C. Bink, by making known unto herself personally, at 17 Stone Spring Lane, Camp Hill, Cumberland
County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true
and correct copy of the same.
B
SHERIFF COST: $74.00
SO ANSWERS,
August 09, 2012
R ANDERSON, SHERIFF
tc) CountySuite Sheriff, Teleosoft: Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW ~ --
~, -_
SOVEREIGN BANK, N.A., formerly known as ) NO. 12-4678 __
Sovereign Bank, successor to Waypoint Bank ) , _ ~_ ` ~ : -
Plaintiff ) ' `-'~' ~~
vs. ) ...._~~~' .~
,.
...- ~ _
HARRISON F. BINK and KATHLEEN C.
BINK, a/k/a Kathleen T. Bink, Husband
and Wife, )
Defendants
MORTGAGE FORECLOSURE
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff and against Defendants Harrison F. Bink and Kathleen C.
Bink a/k.a Kathleen T. Bink, for want of failure to file a responsive pleading to Plaintiff s Mort~a~e
Foreclosure Complaint.
X Assess damages as follows:
Debt ~ $ 89,358.96
Interest from 6/4/2012 to 1,341.97
10/ 15/ 12 @ 10.09/day
Attorney's Commission
TOTAL $ 90,700.93
plus interest from 10/15/12 and costs
_X_ I certify that the foregoing assessment of damages is for specified amounts alleged to be due in
the complaint and is calculable as a sum certain from the complaint.
_X_ Pursuant to Pa. R.C.P. 237.1, I certify that written notice of the intention to file this Praecipe was
mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if
any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A
copy of the notice is attached.
~"~~
Date: ~'~% -=-1~~~~'`~ -
-~ Thomas A. Capehart, quire
Attorney for Plaintiff
I. D. No. 57440
33 S. 7th Street, PO Box 4060
Allentown, PA 18105-4060
(610) 820-5450 ~~ ~~~ G
~`~ ~O15~~~0
~~~~'~ a i ~~-
~~ ~~
~~h t~. r(I~a~~le ~
i
NOW, _ ~ -,
2012, JUDGMENT 1S~1T~,Q~~VE.
y -
/~ .
Prothonotary/Cler ivil ision
B•
Deputy
00484493.UOC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW
SOVEREIGN BANK, N.A., formerly known as
Sovereign Bank, successor to Waypoint Bank
Plaintiff
vs.
HARRISON F. BINK and KATHLEEN C.
BINK, a/k/a Kathleen T. Bink, Husband
and Wife,
Defendants
NO. 12-4678
MORTGAGE FORF,CLOSURE
DATE OF NOTICE: October 4, 201.2
TO: Harrison F. Bink
765 Lancaster Avenue
Enola, PA 17025
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU, WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
GROSS MCGINLEY, LLP
Thomas A. Capehart,°Esquire
Attorney for Plaintiff
I. D. No. 57440
33 S. 7`~ Street, PO Box 4060
Allentown, PA 18105-4060
(610) 820-5450
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW
SOVEREIGN BANK, N.A., formerly known as
Sovereign Bank, successor to Waypoint Bank
Plaintiff
vs.
HARRISON F. BINK and KATHLEEN C.
BINK, a/k/a Kathleen T. Bink, Husband
and Wife,
Defendants
NO. 12-4678
MORTGAGE FORECLOSURE
DATE OF NOTICE: October 4, 2012
TO: Kathleen C. Bink
a/k/a Kathleen T. Bink
17 Stone Spring Lane
Camp Hill, PA 17011
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU, WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
GROSS MCGINLEY, LLF
~~
Thomas A. Capehart, squire
Attorney for Plaintiff
I. D. No. 57440
33 S. 7~' Street, PO Box 4060
~482~8~.0« Allentown, PA 18105-4060
(610) 820-5450
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LEHIGH
ss:
Before me, the undersigned authority, personally appeared Thomas A. Capehart, Esquire, who
being duly sworn according to law, doth depose and say that he is the attorney for Sovereign Bank, N.A.,
formerly known as Sovereign Bank, successor to Waypoint Bank, and as such is authorized to make this
affidavit on its behalf and that to the best of his knowledge, information and belief, the Defendants,
Harrison F. Bink and Kathleen C. Bink, a/k/a Kathleen T. Bink, are not in the Military or Naval Service
of the United States or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of
1940 or its amendments. A Military Stahxs Report from the Department of Defense Manpower Data
Center ("DMDC"), completed on October 15, 2012, indicated that the DMDC does not possess any
information indicating the Defendants' status.
Thomas A. Capehart, quire
Sworn to and subscribed before me this
_~ day of October, 2012 A.D.
~rZ.~,
Notary
COMMQNWFAL"I'H OP PENNSYLVANIA
Ngtariel Seel
Debra K. Giotto, Notary Public
City of Allentown, Lehigh County
My Commission Expires Dec. 6, 2015
MEMBER, PENNSYLVANIA ASSOQATION Of NOTARIES
00484493.DOC
CERTIFICATION OF ADDRESSES
I, THOMAS A. CAPEHART, ESQUIRE, hereby certify that the precise address of the within-
named Plaintiff, Sovereign Bank, is 601 Penn Street, Reading, PA 19602 and the precise address of the
within-named Defendants, Harrison F. Birk is 765 Lancaster Avenue, Enola, PA 17025 and Kathleen C.
Bink, a/k/a Kathleen T. Bink is 17 Stone Spring Lane, Camp Hill, PA 17011.
~ .
----~=-l' L
Thomas A. Capehart, Esquire
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL, DIVISION -LAW
SOVEREIGN BANK, N.A., formerly known as
Sovereign Bank, successor to Waypoint Bank
Plaintiff
vs.
HARRISON F. BINK and KATHLEEN C;.
B[NK, a/k/a Kathleen T. Bink, Husband
and Wife,
Defendants
NO. 12-4678
MORTGAGE FORECLOSURE
(X) Notice is hereby given that a Default Judgment in the above-captioned matter has been entered
against you in the amount of $90,700.93, :plus interest from October 15, 2012 and costs, on
_ ~(''} . \ `~ , 2012.
(X) A copy of all documents filed with the Prothonotary in support of the within judgment are
enclosed.
~~ n
w~'
Prothonotary/Clerk, Civil Div..
by:
If you have any questions regarding this Notice, please contact the filing party:
Thomas A. Capehart, Esquire
Attorney for Plaintiff
I. D. No, 57440
33 S. 7`" Street, PO Box 4060
Allentown, PA 18105-4060
(610) 820-5450
(This Notice is given in accordance with Pa.R.C.P. 236).
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA
CIV1L DIVISION -LAW
SOVEREIGN BANK, N.A., f!k/a Sovereign Mortgage Foreclosure
Bank, successor to Waypoint Bank
Plaintiff File No. 2012-04678
vs
HARRISON F. BINK and KATHLEEN C.
BINK, a/k/a Kathleen T. Birk, Husband and
Wife
Defendants
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
The undersigned herby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate
original proceeding filed pursuant to Act 7 of 1996 as amended; and fro real property pursuant to Act
6 of 1974 as amended
Kindly issue Writ of Execution in the above matter to the Sheriff of CUIV~BERLAND County,
for debt, interest and costs, upon the following described property of the Defendant(s)17 Stone
Baring Lane. Camp Hill. Cumberland County. Pennsylvania.
GROSS MCGINLEY LLP
Date: ~~, - a 6 -! ,Z
(~,~k , Sam Q
~ '1'F. ~c~ LEA
103.'~S ~~
I(~ . 50
`t. 50 "
1b.50 "
a•So ~~
00486564.DOCX
a51 • a5 - ~~ ~ ny
Amount Due: $90,700.93
Interest: $ 1,442.87 @ $10.09/day from
10/15/12 to 3/6/12
Atty's Comm:
Costs:
Thomas A. Capehart, squire
Attorney for Plaintiff
Attorne~ I. D. #57440
33 S. 7 Street, PO Box 4060
Allentown, PA 18105-4060
(610) 820-5450
~a. a5 true ~
- 5'o t.1%
c~~o~~
~~aqv~
r~.,."~
C'^'.,
.J
E~. F
'
r
..~- ~' ~
~
:~ C`~y
~~;~ e~l/~~ls~
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA
C'iViL DIVISION -LAW
SOVEREIGN BANK, N.A., f/k/a Sovereign
Bank, successor to Waypoint Bank
Plaintiff
vs
HARRISON F. BINK and KATHLEEN C.
BINK, a/k/a Kathleen T. Bink, Husband and
Wife
Defendants
Mortgage Foreclosure
No. 2012-04678
AFFIDAVIT PURSUANT TO RULE 3129.1
~_ ..
~.
~.._
t _:~ .
r ~ ~-~=`,
%~
~ <...y ...
~.a ~
=
~
""~ --
..
-
I, Thomas A. Capehart, Esquire, attorney for Plaintiff in the above action, sets forth, as of the
date the Praecipe for Writ of Execution was filed, the following information concerning the real
property located at 17 Stone Spring Lane, Camp Hill, Cumberland County, Pennsylvania and more
particularly described in Exhibit "A" attached hereto:
1. The names and last known address of the Owners or Reputed Owners of the Property
is: Harrison F. Bink, 765 Lancaster Avenue, Enola, Pennsylvania 17025; and, Kathleen C. Bink,
a/k/a Kathleen T. Bink, 17 Stone Spring Lane, Camp Hill, Pennsylvania 17011.
2. The name and last known address of the Defendants in the judgment is: Harrison F.
Bink, 765 Lancaster Avenue, Enola, Pennsylvania 17025; and, Kathleen C. Bink, a/lc/a Kathleen T.
Bink, 17 Stone Spring Lane, Camp Hill, Pennsylvania 17011.
3. The name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold is:
a) Sovereign Bank N.A., formerly known as Sovereign Bank, successor to
Waypoint Bank, 601 Penn Street, Reading, PA 19601; $90,700.93; dated 10/18/12; No. 2012-04678-
Civil, Cumberland County records.
b) Mid Penn Bank, 349 Union Street, Millersburg, PA 17061; $65,336.08; dated
02/23/09; No. 2008-06132-Civil, Cumberland County records.
4. The names and last known addresses of the last recorded holders of every mortgage of
record are:
a) Sovereign Bank, N.A., formerly known as Sovereign Bank, successor to
Waypoint Bank, 601 Penn Street, Reading, Berks County, Pennsylvania 19601; $150,000.00;
recorded 02/12/03; Mortgage Book Volume 1795, Page 4522.
b) Mid Penn Bank, 4098 Derry Street, Harrisburg, Pennsylvania 17111:
$100,000.00; recorded 03/03/08; Instrument #200806129, Cumberland County Recorder of Deeds.
5. The names and last known addresses of other known persons who have any record lien
on the property are:
a) Pennsylvania Department of Revenue, Bweau of Compliance, Lien Section,
PO Box 280948, Harrisburg, PA 17128-0948; $5,081.55; dated 05/07/12; No. 2012-02850-Civil,
Cumberland County records.
b) Township of Hampden, 230 S. Sporting Hill Road, Mechanicsburg, PA 17055;
$1,249.50; dated 05/13/12; No. 2009-03044-Civil, Cumberland County records.
6. The name and address of any other persons who have a record interest in the property
and whose interest may be affected by the sale:
a) Cumberland County Tax Claim Bureau, 1 Courthouse Square, Room 106,
Carlisle, PA 17013.
b) Cumberland County Domestic Relations 13 N. Hanover Street, P.O. Box 320,
Carlisle, PA 17013.
c) Commonwealth of Pennsylvania, Department of Public Welfare, Bureau of
Child Support Enforcement, PO Box 2675, Harrisburg, PA 17105.
d) Commonwealth of Pennsylvania, Bureau of Individual Tax, Inheritance
Tax Division, 6tb Floor, Strawberry Square, Department #280601, Harrisburg, PA 17128.
e) Belco Community Credit Union, 449 Eisenhower BLVD, PO Box 82,
Harrisburg, PA 17108; $5,828.01; No. 2008-07316-Civil, Cumberland County records.
f) M&T Bank, One M&T Plaza, Buffalo, NY 14240; $27,925.27; dated
04/27/12; No. 2012-02598-Civil, Cumberland County records.
7. There are no other persons who have any interest in the property which may be
affected by the sale.
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
GROSS MCGINLEY LLP
Dated: O L L
Thomas A. Capehart, E~Ejuire
Attorney for Plaintiff
Attorne~ I. D. #57440
33 S. 7 Street, PO Box 4060
Allentown, PA 18105-4060
610-820-5450
00486564.DOCX
ALL THAT CERTAIN tract or parcel of land and the premises, situate, lying and being in the
Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point which is the northern most corner of land now or formerly of Pate and
running thence; North 61 degrees 15 minutes 00 seconds East 311.94 feet, crossing a private
road known as Stone Spring Lane to a point on the westerly edge of the Conodo~guinet Creek,
then along the westerly edge of said creek, South 19 degrees 39 minutes 29 secands East 120.80
feet to a point which is the northernmost corner of land now or formerly of Shoemaker (No. 16
Stone Spring Lane); thence along the northerly line of said Shoemaker, South 61 degrees 15
minutes 00 seconds West 202.30 feet to a point (which is the easterly corner of Patel); thence
along the easterly line of Patel, North 29 degrees 17 minutes 36 seconds West 119.28 feet to a
point which is the place of BEGINNING.
CONTAINING thereon a single family dwelling and a detached building/garage and being
known as 17 Stone Spring Lane
BEING THE SAME PREMISES WHICH Burns Ward and Janis K. Ward, formerly known as
Janis K. Pretz, husband and wife, by Deed dated June 30, 2000 and recorded on July 10, 2000 in
the Office for the Recording of Deeds in and for the County of Cumberland at Deed Book
Volume 225, page 31, granted and conveyed unto Harrison F. Bink and Kathleen C. Bink,
husband and wife, the within Mortgagors, their heirs and assigns.
EXHIBIT "A"
00486564.DOCX
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION -LAW
SOVEREIGN BANK, N.A., f/k/a Sovereign
Bank, successor to Waypoint Bank
Plaintiff
VS
HARRISON F. BINK and KATHLEEN C.
BINK, a/k/a Kathleen T. Bink, Husband and
Wife
Defendants
,.~
Mortgage Foreclosure -- ~ ~'
g~
r~~ s~-ti
No. 2012-04678 t ~~
~~
' ~y t~
41 '~~~
--' ~. s.
1 LJ
c-~
• ~~ ~:~
- c-
-~ ~.;
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
PURSUANT TO PA. R.C.P. 3129
TO: Harrison F. Bink Kathleen C. Bink
765 Lancaster Avenue a/k/a Kathleen T. Bink
Enola, PA 17025 17 Stone Spring Lane
Camp Hill, PA 17011
0
"~~
~r
c..
l t ,_
B "'
~5 ~, .
_.,r ~-
`-
~ ~'
~r
Your real estate located at 17 Stone Spring Lane, Camp Hill, Hampden Township,
Cumberland County, Pennsylvania is scheduled to be sold at a Sheriffs Sale on March 6, 2013 at
10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland
County, PA to enforce the court judgment of $90,700.93, plus interest from October 18, 2012 and
costs of this proceeding, obtained by SOVEREIGN BANK, N.A., formerly known as Sovereign
Bank, successor to Waypoint Bank.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to Sovereign Bank and/or its attorney, Thomas A.
Capehart, Esquire, the entire judgment amount, accrued interest, costs and reasonable attorney's fees
due. To find out how much you must pay, you may call (610) 820-5450.
2. You may be able to stop the sale by filing a Petition asking the Court to strike or open the
judgment if the judgment was improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See Notice on Page Three on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (610) 820-5450.
2. You maybe able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (610) 820-5450.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and
the Sheriff gives a deed to the buyer. At that time, the buyer will bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your real estate. A schedule
of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days
of the sale. This schedule will state who will be receiving the money. The money will be paid out in
accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after
the posting of the schedule of distribution.
7. You may also have other rights and defenses or ways of getting your real estate back if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717)240-6200
GROSS MCGINLEY LLP
Dated: /v Z.~ ~
00486564.DOCX
By:
Thomas A. Capehart, E uire
Attorney for Plaintiff
I. D. No. 57440
33 S. 7`s Street, PO Box 4060
Allentown, PA 18195-1014
ALL THAT CERTAIN tract or parcel of land and the premises, situate, lying and being in the
Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point which is the northern most corner of land now or formerly of Pate and
running thence; North 61 degrees 15 minutes 00 seconds East 311.94 feet, crossing a private
road known as Stone Spring Lane to a point on the westerly edge of the Conodoguinet Creek,
then along the westerly edge of said creek, South 19 degrees 39 minutes 29 seconds East 120.80
feet to a point which is the northernmost comer of land now or formerly of Shoemaker (No. 16
Stone Spring Lane); thence along the northerly line of said Shoemaker, South 61 degrees 15
minutes 00 seconds West 202.30 feet to a point (which is the easterly corner of Patel); thence
along the easterly line of Patel, North 29 degrees 17 minutes 36 seconds West 119.28 feet to a
point which is the place of BEGINNING.
CONTAINING thereon a single family dwelling and a detached building/garage and being
known as 17 Stone Spring Lane
BEING THE SAME PREMISES WHICH Burris Ward and Janis K. Ward, formerly known as
Janis K. Pretz, husband and wife, by Deed dated June 30, 2000 and recorded on July 10, 2000 in
the Office for the Recording of Deeds in and for the County of Cumberland at Deed Book
Volume 225, page 31, granted and conveyed unto Harrison F. Bink and Kathleen C. Bink,
husband and wife, the within Mortgagors, their heirs and assigns.
EXHIBIT "A"
00486564.DOCX
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 12-4678 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SOVEREIGN BANK, N.A., f/k/a SOVEREIGN BANK,
successor to WAYPOINT BANK, Plaintiff (s)
From HARRISON F. BINK and KATHLEEN C. BINK, a/k/a KATHLEEN T. BINK, husband
and wife
(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: $90,700.93 L.L.: $.50
Interest from 10/15/12 to 3/6/IZ @ $10.09/day -- $1,442.87
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $251.25 Other Costs:
Plaintiff Paid:
David D. Buell, Prothonotary
{~ealj
Deputy
REQUESTING PARTY':
Name: THOMAS A. CAPEHART, ESQUIRE
Address: GROSS MCGINLEY LLP
33 S. 7`h Street, PO Box 4060
Allentown, PA 18105-4060
Attorney for: PLAINTIFF
Telephone: 610-820-5450
Supreme Court ID No. 57440
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION-LAW
SOVEREIGN BANK, N.A., formerly known as) NO. 12-4678 rTj
Sovereign Bank, successor to Waypoint Bank
Plaintiff
<
VS.
<
HARRISON F. RINK and KATHLEEN C. )
BINK, a/k/a Kathleen T. Bink, Husband
and Wife,
Defendants MORTGAGE FORECLOSURE
MOTION FOR SPECIAL ORDER TO CONTINUE SHERIFF'S SALE OF REAL
PROPERTY THROUGH MORTGAGE FORECLOSURE
PURSUANT TO Pa.R.C.P. 3129.3(a)
AND NOW comes the Plaintiff, Sovereign Bank, N.A., formerly known as
Sovereign Bank, successor to Waypoint Bank, by and through its attorneys Gross
McGinley, LLP and Thomas A. Capebart, Esquire and moves as follows:
1. On July 26, 20128, Plaintiff, Sovereign Bank, N.A., formerly known
as Sovereign Bank, successor to Waypoint Bank (the "Bank") filed a Mortgage
Foreclosure Complaint against the Defendants, Harrison F. Bink and Kathleen C.
Bink, a/k/a Kathleen T. Bink (the "Defendants"), docketed to Cumberland County Case
Number 12-4678 (the "Complaint").
2. On or about October 18, 2012, a Default Judgment was entered
against the Defendants in the amount of$90,700.93.
3. On or about November 9, 2012, Plaintiff filed a Writ of Execution in
Mortgage Foreclosure against the Defendants (the "Writ").
4. The property located at 17 Stone Spring Lane, Camp Hill,
Cumberland County, Pennsylvania (the "Premises") which property is the subject of
the Writ, was subsequently scheduled to be sold at Sheriff s Sale on March 6, 2013 in
Cumberland County, Pennsylvania (the "March 2013 Sheriffs Sale).
5. On March 5, 2013, the March 2013 Sheriffs Sale was continued to
June 5, 2013 (the "June, 2013 Sheriffs Sale") due to a Chapter 13 Bankruptcy filing by
the Defendant, Kathleen T. Bink. A true and correct copy of the letter to the Sheriffs
Office requesting the continuance of the Sheriffs sale is attached hereto as Exhibit "A"
and incorporated herein by reference.
6. On or about March 26, 2013, the Defendant, Kathleen T. Bink's
Bankruptcy petition was dismissed by Order of Court. A true and correct copy of the
Order Dismissing the Defendant, Kathleen T. Bink's bankruptcy is attached hereto as
Exhibit `B" and incorporated herein by reference.
7. On or about May 30, 2013, the Plaintiff received a letter from the
Surety Law Group which contained a "Qualified Written Request" in which the
Defendants disputed the amounts due and owing and the delinquency on the loan. A
true and correct copy of the Qualified Written Request ("QWR letter) is attached
hereto as Exhibit "C" and incorporated herein by reference.
8. Based on the Plaintiffs receipt of the QWR letter, the June 2013
Sheriffs Sale was continued to July 10, 2013 (the "July 2013 Sheriffs Sale"). A true
and correct copy of the letter to the Sheriff requesting the continuance to July 10, 2013
is attached hereto as Exhibit "D" and incorporated herein by reference.
2
9. Pursuant to Pa.R.C.P. 3129.3(a), except as provided by subdivision
(b) or special order of Court, new notice shall be given as provided by Rule 3129.2 if a
sale of real property is stayed, continued, postponed or adjourned.
10. Plaintiff requests a Special Order of Court to continue the sheriffs
sale on the Premises until August 7, 2013 without the filing of a new writ of execution
or additional new notice, in order to allow the Plaintiff additional time to review and
respond to the Defendants QWR letter.
11. Plaintiff asserts that a Special Order of Court is appropriate under
Rule 3129.3(a) in order to avoid an additional delay in getting to a Sheriffs Sale of the
Premises and additional expenses involved in reissuing a writ of execution, providing
the required notices and publication of a new sale date.
WHEREFORE, the Plaintiff requests the issuance of a Special Order of
Court to continue the sheriffs sale of the Premises now scheduled for July 10, 2013
until August 7, 2013, without requiring new notice of the sale date or refiling of the
writ of execution.
Respectfully Submitted,
Thomas A. Capehart, Esquir
Attorney I. D. No. 57440
Attorney for Plaintiff
3
VERIFICATION
I, THOMAS A. CAPEHART, ESQUIRE, hereby state_ and verify that the
Verification of Plaintiff Sovereign Bank, N.A., f/k/a Sovereign Bank, successor to
Waypoint Bank, cannot be.obtained within the time allowed for filing of the Motion
for Special Order to Continue Sheriff's Sale of Real Property. Therefore, pursuant to
Pa.R.C.P. 1024, 1 am authorized to make this Verification on behalf of the Plaintiff,
and the facts set forth in the foregoing Motion are true and correct based upon the
knowledge, belief and information provided to me by the Plaintiff.
I understand that false statements herein are made subject to the penalties of
18 Pa. C.S.A. §4904, relating to unsworn.falsification to authorities.
THOMAS A. CAP T, ESQUIRE
r
Dated 8) ,Q013
EXHIBIT "A"
MALCOLM J.PAUL A.MCGINL GREY OSS SS MICHAEL J.BLUM
. GRO SAMU EL E.COHEN-
HOWARD S.STEVENS EWALDE M.COOK
DONALD LaBARRE,JR. GRAIG M.SCHULTZ*
J.JACKSON EATON,III
Mc GINUEYur TYLER M.SMITH'
MICHAEL A.HENRY ZACHARY R.FOWLER
J.
ANNE PATRICK K.MANLEY REILLY ATTORNEYS AT LAW
SUSAN ELLIS WILDi-
VICTOR F.CAVACINI OF COUNSEL
THOMAS E.REILLY,JR. www•grossmcc1b!ft&= MICHAEL J.PIOSA
STUART T.SHMOOKLER
JAMES A.RITTER Please reply to:
JOHN F.GROSS
ROBERT A.ALPERT Allentown Office 'Also admitted in NY
ALLEN LTULLAR *Also admitted In NJ
RAYMOND J.DeRAYMOND Wso admitted in DC
THOMAS A.CAPEHART Thomas A.Capehart •Also admitted in MD
KIMBERLY G.KRUPKA -Also admitted in MA
KIMBERLY A.SPOTTS-KIMMEL
ANDREW H.RALSTON,JR,
LOREN L SPEZIALE't
March 5, 2013
Via Facsimile: 717-240-6397&email
Cumberland County Sheriff
ATTN: CLAUDIA - Real Estate Coordinator
One Courthouse Square, Room 303
Carlisle, PA 17013
Re: Sovereign Bank, N.A., vs. Harrison F. Bink and Kathleen C. Bink,
Mortgage Foreclosure NO. 12-4678
Request to Continue Sheriffs Sale Scheduled for March 6, 2013
Dear Claudia:
Please accept this letter as s formal request to continue the Sheriffs sale in the
above matter which is currently scheduled for March 6, 2013 until June 5, 2013.
This action is due to a bankruptcy filing today, by Kathleen Bink in the Middle
District of Pennsylvania at case number 13-01101.
As such, kindly continue the Sale until June 5, 2013 and make the announcement
at the Sheriffs sale being held tomorrow.
If you have any questions, please feel free to contact my paralegal, Jennifer Kacsur
at 610-871-1337.
Very truly yours,
TAC/ilk Thomas A. Capehart, Esq.
00513580.DOCX
33 South Seventh Street,P.O.Box 4060,Allentown,PA,18105-4060 Telephone 610/820-5450 Fax 610/820-6006
101 Larry Holmes Drive,Suite 202,Easton,PA 18042 Telephone 610/258-1506 Fax 610/258-0701
111 East Harrison Street,Suite 2,Emmaus,PA 18049 Telephone 610/967-1030 Fax 610/967-0622
EXHIBIT "B"
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
KATHLEEN T BINK, Chapter: 13
Debtor(s) Case Number: 1:13-bk-01101-MDF
CHARLES J.-DEHART,.111
(TRUSTEE)
Movant(s) '
VS.
KATHLEEN T SINK
Respondent(s)
ORDER DISMISSING CASE
Upon consideration of the Trustee's Motion to dismiss case and it having been
determined after notice and no response that the case should be dismissed, it is
ORDERED that the above-named case of the debtor(s) be and it hereby is
dismissed.
ft the;:Cour4
AAt
;dhlef Ib�ior�tgr,�d�e
Dated: March 26, 2013
MDPA-O wWw Casa.WPT-REV OW12
009298 18609009307016
EXHIBIT "C"
iess)7631231 To: Far:41 1.868;527-3V7 Pa-24 4 of 8 56x273^19.9:56 "
ST-TREITY IAW GROUP T 111P
1629 K Stroa NW,Suite 300 William-Rnsk of Comel .
ZVa&ngtm,DC 20006.
OFC 888-908-6054
FAX 866-908-5928
Wednesday, May 22,2013
Sovereign Bad
75 State St.
Boston, MA C2109
QUAMED WRITTEN REQUEST
Reference:6817:44132
Borrower. Kathy&Harrison Bink
Property Address: 17 Stone Spring Lane,Camp Hill,PA,17011
SSN: 018-56-6586 "
!ease espond to.the Florida Processing Center:
Surety Law Group,LLP.
Enrollment&Processing Center
6821 SouthpointDr.N.,.Suite 125
Jacksonville,FL 32216
Fax#888-428-4880
To whotr-it may concern:
'We are writing to you to dispute the accounting and any alleged delinquency with respect to
fhe above-referenced loan, Our client also has material questions with respect to the servicing of
ene referenced mortgage.Based upon an initial review of the documents that were available to us,it
appears that violations involving predatory,lending and servicing,'and potential fraudulent and
deceptive lending practices may have been utilized in the origination and servicing of the above- .
named loan. .
s=2 light o€the above,we hereby request that you provide us with the following documentation to
our Florida Processing Office(above):
1. Any and all documentation upon which you claim ownership, or entitlement to act on
behalf of the ownership interest,for the referenced loan/mortgage.
2. I`any assignment,agreement, contract, resolution, power of appointment or attorney,
or other document that acts to convey interest in,or the authority to act on behalf of the
owner, for the referenced loan/mortgage exists, please provide same. Failure to
provide any such unrecorded document affecting the chain of title, or authority of a
party to act,will act as an admission that no such unrecorded document exists and that
any subsequent production thereof is fraudulent
ESPA REQ. EST
?r:•..: hrs Cn;,;.3!!a 'ox:(£s85)78¢ 333 To:. fay +1(886,1 527-9877 pega 5 of 8 522*011 3°�E
3. We request that you conduct your own investigation and audit of this account, from its-'-.
inception through present; in order to validate the debt you-currently.claim the
borrower owes. Please provide a comprehensive report with the bases for your'
conclusions.
4. Please provide a full accounting for the referenced loan from.the date of inception
through present,including any and all debits or credits that were applied to.both the.
loan account and the independent escrow account.
5. Please provide any and all documentation that was relied upon in the underwriting of
the lean. This would include, but not be limited to,the loan application, tax returns,
credit reports, W-2's and any other documentation that was considered. Failure to
provide any document shall be deemed as an admission that the document in question
was not.utilized In the decision making process. Reference to an orritted document in
an alternate document shall not constitute.proof that the omitted document was
considered!.
6. Please provide any and all documentation that would demonstrate that this loan was
originated and has been serviced in lawful compliance with all federal and state laws,
and regulations,.including, but not limited to,Title 62 of the Revised Statutes, RESPA,
711Ay Fair Debt Collection Act, HOEPA and other laws. Any documents not provided
shall be recognized as an admission on your part that the aforesaid.did not exist at the
time of this redmest These documents include but are not limited to: 1) the HUD-1
Settlement Statement, 2) the Uniform Residential loan Applications, 3) the Appraisal .
Report; 4) all TILA disclosures, 5) all disclosures.required under.RESPA, 6) the Good
Faith Estimate;7)The Promissory Note,and 8)the Security Instrument.
7. Please provide any and all documentation relating to the securitization or pooling of the
referenced loan including, but not limited to, the Pooling and Servicing Agreement .
:Master Servicing Agreement,Risk Analysis and/or Risk Tolerance Reports;audits of the
Ioan pool,'investor rejection notices, pool memoranda or assessments (including
.whether loans that were included in 81-As borrower's pool had previously been rejected
by investors),all SEC required filings,insurance policies securing the loan pool,and any
marketing•materials.relating to the-find in which.the referenced loan was pooled
an for pools of similar c'assification. Please ensure to provide all SEC required
documentation for the creation and maintenance of the pool. Any failure to provide
such documentation shall be deemed as an admission on your part as to the deficiency.
8. Please provide documentation demonstrating that all costs, commissions, rebates,
:dckbacks,fees etc.were properly disclosed at or before origination.
r. tUl data, information, notations, text, figures and information contained in your
mortgage servicing and accounting computer systems including, but not limited to,
Alitel or Fidelity CPI system, MSP, or any other similar mortgage'servicing software
used by you;any ser-4cers,or sub-servicers of this mortgage account from the inception
of&.is account to the present date. . .
13. All descriptions and legends of,all Codes used in your mortgage servicing and
accounting system so that the examiners, auditors and experts retained to.audit and
review this mortgage account may properly conduct their work.
p''A rtiE;QUEST
r ;n:L:lx's chapP,09 Fax:(2.55)7051393 To: F6x: •r1 t036)527-3 77 °ago 6 of 8 512213013 S:55
A'1"1'C)RNTEY FEES..For purposes of our questions below dealing with attorney fees,please consider
the terms"attorney fees"and"legal fees"synonymously.
A 'fires or no" question: have attorney fees ever been assessed to this account from tine
inception of this account to the present date?
Q if yes,please de tail each separate assessment charge and collection of attorney fees to this
account from the,inception of this account to the present date, and die date of such
assessment to this account and provide invoices for same.
Please provide the name and address of each attorney er law irm that has.been paid any
fees or expenses related to this account from the inception of this account to the present
date.
Please identify the provision,paragraph,section or sentence of any note,mortgage,:deed of
trust or any agreement we signed, authorizing the assessment charge or collection of
attorney fees.
Ages or no"question:has interest been charged on any attorney fee assessed or charged to
this account?
A 'Yes or no" question:'is interest allowed to he assessed or charged on attorney fees
charged or assessed to this account?
How much in total attorney.fees have been assessed to this account from the inception of
this account until present date?
How much in total,attorney fees have been collected on this account from the inception of
this account until present date?
SJSPENTSE113NAP?LIED ACCOUNTS. For purposes of this section,please treat the term"suspense.
account"and"unapplied account"synonymously..
A"yes or no"question:has there been any suspense or unapplied account transactions on
this account from the inception of this account until present date?
If yes,please explain the reason for each and every suspense transaction that occurred on
this account. If no,slop the questions in this section dealing with suspense and unapplied
accounts.
In a spreadsheet, or in letter form in a columnar format please detail each suspense or
unapplied transaction, both debits and credits, that occurred on this account from the
inception of this account until present date.
LATE PEES.For purposes of our questions below dealing with late fees,please consider the terms
"fate fees"and'late charges"to be one in the same.
A "yes or no" question: have you reported the collection of late fees on this account as
interest in any statement to the borrower or to.the IRS?
A"yes or no" question: have any previous servicers or sub-servicers of this mortgage
reported the collection of late fees on this account as interest in any statement to the
borrower or to the IRS?
.tESFA.REQUEST
'Cf0::1:i�t.�t5:CIL^7siiG Fax:($$b)783.1333 To: Ft';: +1;Be-5)E27.3677 ?R;e 7 c`0 51221120'°..9:16
A"yes or no"question:has interest been charged on any late fee assessed or charged to this
accolart?
If yes,how much in total late charges have been assessed to this-account from the inception
of this account until present date?
Please cite the exact months or payment dates you, or other nred'ious servicers of this
account,claim any late payments have.been:Wade from the inception of this account to the
present date.
E?O FEES
A 'yes or no" question: have any BPOs (Broker Price Opinions) been conducted on the
property?
a Ifyes,please provide the date of each.BPO conducted on the property,which is the secured
interest for this mortgage,deed or note,
if yes,please tell gs.who conducted each BPO.
Please provide the price of each BPO.
Please explain_why BPOs were conducted on the property.
Ayes or no,.question:have any BPO fees been assessed to this account?
yes,how much in total BPO fees have been assessed to this account?
g .A"yes or no"question:have any BPO fees bee';i.charged to this account?
e If yes,how much in total BPO fees have been charged to this account?
FORCE-FLACr..O INSURANCE
Ayes or no"question: have you placed or ordered aazv force-pNeed insurance policies on
the property?
If yes, provide the elate each., policy was ordered or placed on the property that is the
secured interest for this mortgage,deed, or note.
What was the price of each policy?
Who was'whe agent for each policy?
g Why was each policy placed on the property?
Explain how these policies are beneficial to the homeowner.
Explain:tow these policies are protective of the property.
Explain your policy on force-placed insurance.
® A"yes or no"question:have any force-placed insurance fees been assessed to this mortgage
or escrow account?
is yes,how much in total force-placed policy fees have been assessed to this account?
A')es or no"question:have any force-placed insurance fees been charged to this mortgage
or escrow account?
Fran:C?:.:: y.�,:raL'ri Fex:(655)793-1333 To: Fax: r1 1860)527-3877 Pege 8 of 8 5122,20139:55
z if yes,'_now much(dollar amount) in total force-placed insurance fees have been cha.bed to
this mortgage or escrow account?
3 Please cite,specifically,what clause,paragraph;and sentence in the note,rnortgage,or deed
of t:. st or any_ agreement &.at. allows you to assess, charge, or collect force-placed
insurance fees.
Do you have any relationship with the agent or, agency that placed any policies on the,
property?lfyes;please describe.
A `Ryes or no" question: do you have any relationship with the carrier that issued any
policies on the property?If yes,please describe.
A"yes or no"question:.has the agency or carrier yeu used to place a force-placed insurance
policy on the property provided you any service, computer system, discount on policies,
co!nrnissions,rebates,or any form of consideration?lfyes,please describe.
A `yes or_no" question: do you maintain=a blanket insurance policy to protect your
properties when customer policies have expired?
Please send copies of all force-placed insurance policies that have been ordered on the
property.
Absent actual evidence of the security and the alleged loan,we.have no choice.but to dispute the
validity of your lawful ownership, funding, entitlement right,and the current debt you allege that
my client owes.It is our belief at this time that this is not a valid debt and,therefore,it is disputed
and this RESPA REQUEST also series as your notice of our dispute of this"debt".
As this is a Qualified Written Request under the Real Estate Settlement Procedures Act,codified as
"hale 12§2605 (e)(1)CB)(e)and Reg.X§3500.21(f)2 of the United States Code,as well as a request
under Truth.In Lending Act(TILA) 15 U.S.C.§1601,et seq.,RESPA provides substantial penalties
and fines for non-compliance or failure to answer our questions provided in this letter
w�th!n sixty[601 days of its receipt
Sincz rely
usb,FAq
Federal.Trade Commission Office of RESPA and Interstate Land Sales
600 Pennsylvania Avenue NW Office of Housing,Room 9146
Washington,DC 20580 Department of Housing and Urban Development
451 Seventh Street SW
Office of Housing Enterprise Oversight(OFHEO) Washington,DC 204.10
1700 G Street NW,Fourth.Floor.
Washington,DC 20552
IZF$ A RrT�'?�ST
From:Ci,vis0h?ppelie Fax:(255)7931333 Tr Fax: +1(800)527.3877 page 1 of 3 512312013S:67
b e. 1� 16 16 6 '16 4 1. 6 Ia i. ti L L 4 4 4. 4 a.- 4. 6 1. 1. 16 b- 6 4b.
■
ti 1. t 4 1. v ' 4 ` ' �, 5. v 1, k. .6 �.. a: M..: G 4 L' 1 .i6
i
i o: From: Chris Chappelie � r
t l , .
f
j
I phoge: Phone: (855) 793-9333 6326
Fax Phone:. +9 (866) 527-3877 Fax Phone; (855) 793-9333
D a`e: 5/2212013
Pages including 3
Cover shoot,
to 2:
c817144132, Binks, Kathy'
i
1
I
i y
i
4
--....
Send and receive faxes with RingCentrai:ww+rr.i'irigcentral.com
Orris.:%huoPplle Fax:(855;7S3-1333 To: Fax: +1 r366j 527-3577 Page 2 of 3 5/2212073 9:57
SURETY LAW GROUP, LLP
1629.K Street NW,Suite 300
Washington,DC 20006 -
888-908-6054•J 888-908-6982 Fax
FACSI.MiLE TRANSMITTAL SHEET
TO: FROM:
Legal!Foreclosure Dept Kerrie Chavez
Sovereign Banes
75 Sate St
DATE:
BOSt011,MA 0210 J
Phone 888-656-8101 Wednesday, May 22,2013.
Fax 866-S27-3877 TOTAL NO..OF PAGES INCLUDING COVER:
2
SENDER'S PHONE NUMBER:
(888) 278-3067
SENDER'S FAX NUMBER:
(888)426-8106
URGENT® FOR REVIEW® PLEASE COMMENT ❑ PLEASE REPLY ® PLEASE RECYCLE ❑
77 Third Pam Authorization
Please find attached a 3`d Party Authorization for the referenced mortgagor(s):
Reference: 68/7144132
Name: Kathy& Harrison Bin
Address: 17 Stone Spring Lane, Camp Hili, PA, 1701'!
SS N: 018-56-6586
err-r.^•ors GSa!•,Oe Fax:'355)783-1339' To: Fax.: +1;866)527-3877 Page 3 of 3 £r'WD13.9:57'•
r
LLtltl 'd'
Kathy Bini k/49r*an Rink
P V W.tv Ada#*43a: 17 stot*5prtng t2m,C*rrm Hill,PA,V
5rreraria_rr!tioratc �y`..ender.)to a 'ffl4
irttcm?s*m,u�ding M scot Ofted W d�tg and cot{O►M 4OC+ElmertYs. doss OI bM, any athe(WOMSt.
�en+ed r+ecry in cmfxassmtng the ben ba:. _ � •
Sumbi, leer Gaup.LL4ti PnxwoakM Canter
Phone:(eta)59D-B=!Fait(988)418,81+8
8821 Sout wkA give N SFE 126,JacimnVift,FL 92219
me?dt Cam-.inn -'ate Steud-Alexis Wre oom-David Lfinftff-XrM Brbal s -Lisa.Y-2Wdeetzt
leme Nichols Bro ko Ritz-Craig Mattes•Dane m Medit'-1=110�tcj�I�ieole Deady
Any se,oalo4o whom au%6ntt&VW, eoao 214027'*
Ler.6m,%Q not be hoW rite in any manner*w faftnwV im xWwft*H*n e"Nor inastruabon ghr�r}?gain. .
b.�.s steps to verily th@ k1t0�'►atlen t~bove,'ttut tirlU ha>na rto resporsfib;llq+of p !►.to b�eri�y the
fte identityr,-A tho hagl OA W When ft PAquwW SlsM aboatt my AbooWA or sedm lRf¢n fv ahout my AcoeuttL Nor
ahag LerKler lWoo respCftEfiil�y or li dit MM what the Requester Goo WM►tft iWormoftn hoMhe obt*u
cu m.-gig enyAW=oWu R.
For lbm 81'.ttitot`JMOW ate W good @sari ot¢W VGkWble consideralton.MCOV oaf vutrich is ho"adcnovNedged,tt
vve t ioraby hem*and hold hsttt Iew Lond®t,its succeasm ond/or assigns ftm all actions and cases of adions,
su ts. r.or de:mtdo agsiW LeruWr,its axo6wm and/or assimm which i or my balm have.ho. .or may nave.
ta,'yamg t`tom te8t d%w aing my A=owt to dr prtrvidin9 any,inn ottrmft conoaa*V My Ao Mrd with oe tO MIS
Regwwer or a(46t€m da nft to'be the Ragveftr.Please farward ALL bon+esporltno0r to the king COMW
in
on Sp,1�m Wb d t3-rm Arted Oft dom-nent i3f my MW f(W Ste,iniondk*to-be bound hereby. -
ph� ?.ptaaQ,P'�!"i oinift.,Ot cotbm copy(!'Say to damsed to be the aquh !ent,of the atom and-May be V"d its a
' 1
xothy 3{n
Rcir xaa`mr's sEqm-AMM, Print Nome
Faaroson Sink
co-,awmvlara Pmt Mime
Sur"Law Group,LLP
1G29 K$t-es:MY-6063,00.*e%�IlnV sn X,,.'0006
Phone:(888)55Q-ASR 1 '.3881 428-48801 IM.-,t6Ur3tYIaW9.'OUp.O*M _
Frorc:r:hrisC'ral:a.:l:e Fax:1355;788-1333 7a: Fax: +1(886)027-3377 Paga i a`a 6122120139:555
4 rb .6 1* 4. 4 - .k. 4 6 4 b 4 4
Z s b '4 6' 6 6 1: 6' 6. '6. W. .6 k 4 4 . 4 4 b ' 16 4
(
From: Chris Chappe le
i
I
j Phone: Pena; (855) 793-1333 * 6326
Fax Pho:qn�: 11 (866) 527-3877 Fax Phone: (8�5) 783=1333
i
Date: 5122/2013
Pages Includirg 8
cover sheep:
f
!
V k i. 6 b 6 6 .4 b
Note:
6 6 _4 i, b b _6 G 6.—i, b b ti ,4 4 _6. 4 b _6 6 6 '
6617144132, . 3inks, Kathy
j
G 6. 4 4 6 6. +6 6. „ 4. 6 4 4 4 .i. !. 4 !.• 4 b 6 6 it .
i
Send.and receive faxesurith RingCentral,wvvvr.tingcentral.com .
F:o QhrftC..ha;:ae"c Fe;c:lRi.5y723.1S33 - To: Fa.: +7 Go)E 27-3677 ?age 2 d S.61221201 S:55 "
SURETY LAW GROUP, LLP
1629 K Street N W,'Su ite 300
Wash4 ngton,-DC 20006
888-908-6054/888-908-6982 Fax
FACSIMILE TRANSMITTAL SHEET
TO: FROM:.
Legal 1 Foreclosure Dent Alexis ftenn
Saverelp Bank
75 State'St '
DATE:
Boston,MA 02109
`
Phone 888-656-8101 Wednesday, May 22,2413
FaX 865^527-3$77 TOTAL NO.OF PAGES INCLUDING COVER:
7 ..
SENDER'S PHONE NUMBER:
(888)'418-3616
SENDER'S FAX NUMBER:
888)5894465
-URG NT® FOR REVIEW® PLEASE COMMENT❑ PLEASE REPLY 2 PLEASE RECYCLE❑
I:OTESICOAII MM:
Sale .9��4&e Postpo ement Remuest
❑ Sale date Rescission Request
Qualified-IN riTEOn Request
Please find attached a Request for the referenced mortgagoe(s):
Reference: 6817144132
dame: Kathy&.Harrison Bink '
Address: 17 Stone Spring Lane, Camp Hill, PA, 17011
SSN: 018-56-6586
Front:C',-is:iteppo3e ' Fvx:(8SS)783.1333 1'a: Fax; +1(868)627-3877 ?ego 3 of 3 5/2=01,3 8:56
WFEN LAW 1 UP '
" T ! EFQt �A�#O#T W PARTY 4 UTHORIZAtdW I ~ E
TEdeve 006m, SA(2M Lm Number
�0)Nar,W.- Rethy mnik tbrrlson titnk
PX .}'td4`tms. 2.7 stone Spft Lane,Carle 1,491,PA,, "-i-,
l/'A'e�Uttt4at � 5 �atrtk �fY9r��F'�ettY`}to C48$tTi}HGt$r+
irtt' matio t,LrtchACt lg but ttot.Dmtlhd b,dosino and txltglSe W documents.stattm,of!oast,and any ottw lrtfommft n
dewraid naamemy it mpet swOV the loatt•to:
�tet�etty t.arw G^taup,tl.Es trap�.
P t,cm*.{8811}556083,a�'E 1 Fax:(Wg)418-3516
6821 SoudVoi nt Drive N STE us,Ja&mnv K.nswe
Kte.,*mac: ' lot 9=ftm-'GWyatt SteaW-:Ale=W w—Mvid Lixntner-�L Asti Brawl ---Usallwdm
Jamfe Nib-Bwob M-Chig Maims-Daw ttce Ihft t'-Jmdla Seek-Fiwle Deady ,
Any a Mal%wh*M alltttsnt;,Uf t aw:u tty eta V6037
Lender vAQ net be how stttepennUe in any tQ maw for Odl wha the au d o>z Obn a n&br inatauch nt giveet herein.
Le-Aw''vt tt*e reemuble afts to veCiftt!!tl!Ittfotmaltan above.Cult wl0 have no responsib ty or Lld ty to veti[ythe
tnze!dm*d the kaqueraWwrm the Restuestar'asks aaboo my Account or we!s ktxrrta!t3en about my Aommt ter
stets t..etxW tam any M"OnsUity.or iietatiity wtth what me Requester goes wO the info mamm.Wi3he,obtains
cw0eming tityA rnt
For iii[ aWfSVri MUM SM for 9=4 DW o"va"we amlucz+t4 on,,reco w of which is h&Vby a fto*iefted,V
We hareby Mderr r*and ttotd tWMISss Landv,Its ftooe.WN MUM assigns from ab acdorm aW mm of a!raftm,
stilts.damns or donmde egab*Lender.its aw"amm andlor w sigtnv wifth i o,-nay haft have,W.or may thus,.
t~88ta3ltctg ftw t dftoua ft!city A=0 u nt for prstnr&g My bnfwnta W=WenaLrtQ My*XDUrd vft or to the
R r or ffi pBM =Maiming to be the Reotsester.Please forww*1 ALL caaweslaattaiemm to tho,P.r ng.t r
1"t.ParrC atvw., %FL
'ttrs tt resd,i t the st uzplectt of iffy+argt flee wM,i nferk�'tg to ba bound ttertaW,
A QhabWqifC€,kotinft or cafa Ct copy may be cteem. ed to be the taquhmf ent of the oc&W and may be v.wd dtr a
dt.�ailaate or;,gtseat. '
r!r~xrer'ts.SCgttatusg ftnt Name
Harrison Sink
CO-Be+Mwer'e Stngft'e P tt.Neanee
Cc>greys Sam-
Shinty+Lana G.-6up,LLts
1028-K$`meat t+iW GUtto 3% *rwNniqt*tt M-20,00 3
Phone:(888)550-$356 1 fay.','Mt 428,48801!n?a sutsty'+vLr{,`^oUp.tr6M
EXHIBIT "D"
A M J.GROSS. MICHAEL J.BLUM
PAUL GROSS SAMUEL E.COHEN-
UL A A.McGINLEY
HOWARD S.STEVENS EWALDE M.COOK
DONALD A JR. McGINLEYur GRTYL RM.SMITH°
J.JACKSON N EATON,III
MICHAEL A.HENRY ZACHARY R.FOWLER
PATRICK J.NLEY
ANNE K.MANLEY ATTORNEYS AT LAW
SUSAN ELLIS WILDt-
VICTOR F.CAVACINI OF COUNSEL
THOMAS E.REILLY,JR. www.grossmpginlev.com MICHAEL J.PIOSA
STUART T.SHMOOKLER
JAMES A.RITTER Please reply to:
JOHN F.GROSS
ROBERT A.ALPERT Allentown Office 'Also admitted in NY
ALLEN I.TULLAR *Also admitted in NJ
RAYMOND J.DeRAYMOND tAlso admitted in DC
THOMAS A.CAPEHART Thomas A.Capehart -Also admitted in MD
KIMBERLY G.KRUPKA -Also admitted in MA
KIMBERLY A.SPOTTS-KIMMEL
ANDREW H.RALSTON,JR.
LOREN L.SPEZIALE°t
May 31, 2013
Via Facsimile 717-240-6397&email
Cumberland County Sheriff
ATTN: CLAUDIA - Real Estate Coordinator
One Courthouse Square, Room 303
Carlisle, PA 17013
Re: Sovereign Bank, N.A., vs. Harrison F. Bink and Kathleen C. Bink,
Mortgage Foreclosure NO. 12-4678
Request to Continue SheriiTs Sale Scheduled for June S, 2013
Dear Claudia:
Please accept this letter as s formal request to continue the Sheriff's sale in the
above matter which is currently scheduled for June 5, 2013 until July 10, 2013.
As such, kindly continue the Sale until July 10, 2013 and make the announcement
at the Sheriffs sale being held on June 5.
If you have any questions, please feel free to contact my paralegal, Jennifer Kacsur
at 610-871-1337.
Very truly yours,
Thomas A. Capehart, Esq.
TAC/ilk
00533925.DOCX
33 South Seventh Street,P.O.Box 4060,Allentown,PA,18105-4060 Telephone 610/820-5450 Fax 610/820-6006
101 Larry Holmes Drive,Suite 202,Easton,PA 18042 Telephone 610/258-1506 Fax 610/258-0701
111 East Harrison Street,Suite 2,Emmaus,PA 18049 Telephone 610/967-1030 Fax 610/967-0622
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION-LAW
SOVEREIGN BANK, N.A., formerly known as) NO. 12-4678
Sovereign Bank, successor to Waypoint Bank )
Plaintiff )
VS. )
HARRISON F. BINK and KATHLEEN C. )
BINK, a/k/a Kathleen T. Bink, Husband )
and Wife, )
Defendants ) MORTGAGE FORECLOSURE
I, Thomas A. Capehart, hereby certify that a true and correct copy of the MOTION
FOR SPECIAL ORDER TO CONTINUE SHERIFF'S SALE OF REAL PROPERTY
was served upon the following person listed below, by First Class U.S. mail, postage
prepaid, on May 318t, 2013:
Harrison F. Bink Kathleen C. Bink, a/k/a
765 Lancaster Avenue Kathleen T. Bink
Enola, PA 17025 17 Stone Spring Lane
Camp Hill, PA 17011
Surety Law Group, LLP
6821 Southpoint Dr., N
Suite 125
Jacksonville, FL 32216
Dated: 3!
Thomas A. Capehar
Attorney for Plaintiff
ID No. 57440
33 South Seventh Street; P 0 Box 4060
Allentown, PA 18105-4060
Phone: (610) 820-5450
Fax: (610) 820-6006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION-LAW
SOVEREIGN BANK, N.A., formerly known as) NO. 12-4678
Sovereign Bank, successor to Waypoint Bank )
Plaintiff )
V8. )
HARRISON F. BINK and KATHLEEN C. )
RINK, a/k/a Kathleen T. Bink, Husband )
and Wife, )
Defendants ) MORTGAGE FORECLOSURE
ORDER
AND NOW, this 10 day of June, 2013, upon consideration of the
attached Motion for Special Order to Continue Sheriffs Sale of Real Property
through Mortgage Foreclosure,
IT IS HEREBY ORDERED that the Sheriffs Sale in the above captioned
action which is now scheduled for July 10, 2013 shall be continued until August 7,
2013.
IT IS FURTHER ORDERED that the Sheriffs office shall announce the
new sale date of the Real Property, which is the subject of the above captioned action,
at the Sheriffs Sale to be held on July 10, 2013.
IT IS FURTHER ORDERED that the Plaintiff shall not be required to
refile a new writ of execution or provide any additional new notice of the date of the
sale, whether by advertising or otherwise.
Attorney for Plaintiff BY TH COURTS:
Thomas A. Capehart
33 South Th Street, PO Box 4060 / -=
c_
Allentown, PA 18105-4060 Judgez- C.
Attorney for Defendant, Kathleen Bink
William Rush, Esq. ° _-
n
At�y -b . 12 .u,
� 43 �� 1
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK, N.A. formerly known: NO 12-4678 -0= w -`
}
as Sovereign Bank, successor to , rn
Waypoint Bank, — - t_
Plaintiff ` '
VS >
HARRISON F. BINK and KATHLEEN C. --;
BINK, a/k/a Kathleen T. Bink, -- :;1
Husband and Wife,
Defendants MORTGAGE FORECLOSURE
PETITION TO SET ASIDE SHERIFF' S SALE
1 . Petitioner Harrison F. Bink, a party Defendant in this
matter with a principal address of 765 Lancaster Avenue, Enola,
PA 17025 .
2 . Respondent is Sovereign Bank, N.A. , formerly known as
Sovereign Bank, successor to Waypoint Bank, with a principal
office address of 601 Penn Street, Reading PA 19601 .
3 . Respondent issued a Writ of Execution in the within
matter on November 9, 2012 for the sale of property owned by
Defendants at 17 Stone Spring Lane, Camp Hill, PA ("the
Premises") . Pursuant to such Writ of Execution the Sheriff of
Cumberland County scheduled and advertised an execution sale for
the Premises on August 7, 2013 .
4 . Kingsway RE, as CJD Group, 1700 Oregon Pike, Lancaster,
PA 17601, bid the sum of $116, 000 . 00 dollars representing
payment of all Sheriff' s costs, municipal liens, costs listed on
Writ, real debt and interest upon the Premises as set forth on
the Bill of Costs furnished by the Sheriff prior to the Sale.
5. Petitioner believes and therefore avers that the
purchase price is grossly inadequate.
6. Where a "gross inadequacy" in the price is established
courts have found proper grounds exist to set aside a sheriff
sale. Capozzi v. Antonoplos, 414 Pa. 565, 201 A. 2d 420, 422
(1964) . The courts have traditionally looked at each case on its
own facts . Scott v. Adal Corp. , 353 Pa. Super. 288, 509 A. 2d
1279, 1283 (1986) . "It is for this reason that the term `grossly
inadequate price' has never been fixed by any court at any given
amount or any percentage amount of the sale. " Id.
7 . Petitioner avers that the property was sold for
$116, 000 . 00 on August 7, 2013 .
8 . Petitioner believes and therefore avers that at the
time of the sale the property was worth $300, 000 . 00 .
2
9. PA R.C. P. §3132, provides, inter alia, that this Court
may act whenever necessary to avoid injustice to an aggrieved
party, namely Petitioner.
10 . Additionally, Petitioner avers that prior to the sale,
Respondent, through counsel, advised Defendant Kathleen Bink,
through counsel, that the sale had been postponed from the
August 7, 2013 date. Attached hereto and incorporated herein as
Exhibit "A" is signed statement from Respondent setting forth
his understanding of the conversation referred to herein.
11. Respondent avers that had he known that the sale was
not postponed he would have continued working with Defendant
Kathleen Bink, to finalize the refinance with Sovereign Bank.
12 . Setting aside the Sheriff Sale will permit Petitioner
to assist Kathleen Bink to refinance the property as the parties
intended and bring the mortgage current with Sovereign Bank.
13. The harm to Petitioner in denying the Petition to set
aside the sale outweighs the harm to Respondent .
WHEREFORE, your Honorable Court is requested to enter a
rule upon Plaintiff to show cause, if any there be, why the sale
should not be set aside and a new sale set pursuant to Order of
Court.
3
Respectfully submitted,
BLAKEY, YOST, BUPP & Rausch, LLP
By:
Jo' d . Baranski, Jr. , Esquire
At :rney for Petitioner
Supreme Ct. I . D. #82585
17 East Market Street
York, Pennsylvania 17401
(717) 845-3674
4
VERI F/CAT 1.01c
--:. '_ • - - ; '.i c:-., :.,..:-.:. 1. ,,-.:S.E 3'::::::I:2 i::::. ',I C.; t.1.7.(.-:;, -,.-7:-:. ',.. . - - :, :, .„1- - . , 1
r-...:7,-;,:.:L.:, 1--,-..' .7:j t...:c..a-7 i ,:.::. .. :: --."-. .: ..i.
,..---------
. _.• __________ - ----- - ' _'...._...._
.,e5ffl
flii
1 .1w:
15. 4...
.1, ,. :
-
C-)1_ity• —.curt
mav please the Court:
-1-- - n'de that .,vas cered on August rin was coincidentally tlne
t er--'.:irl 3ank and rnunibipal and federal tax liens corr-binEr::
been appraised at over three times that amount. we ::,-e'-e..•:_--: V :3
sly insufficient a--d ask that a new sale be ordered.
sank and the Owner. Kathleen Bink. were in act:1.--_,
.• -- ' :::,-7 t-: refner.ce the property. Two items had beer
arc thr Sovere:gr to ccrs.ider the request: the --,:- :.--7--..-., Li: ,-,, :---7.-
.id and and the Qui'. Claim Deed in process. The Bank re-...,..es e-:.ec, :c. the,
▪ hr attorneys thpt the sale was postponed. Based on 1:-,,e4.
that there v 3s time to conclude the process of ref ac ' : .'.: o,:• 7:-;',.. 4. - -;
- F - ', ?s r-a d e et th-- sale because the sale was said to hey= .:-2.-_,--
• iy reiuest thE: the Court consider setting aside the saL::: ,':.. ::).e'
---'1ffi-_-,lent, and allowing a competitive offer be made at a subsecusn'. sib
▪ --.,-) tnet a fami'-, nas a fair chance ct remaining in the
= -
--•-.•i •!-=,--:-••'; ''• ,,o, . .
•
-is' •-1 E;-ik. 4!A
:ii ' LLC.
; EXHIBIT
9
kr ____X__
CERTIFICATE OF SERVICE
I hereby certify that I am this day causing a copy of the
foregoing document to be served by First Class United States
Mail, postage prepaid, on the following person:
Thomas A. Capehart, Esquire
33 S. 7th Street PO Box 4060
Allentown, PA 18105-4060
Kingsway RE, as CJD Group,
1700 Oregon Pike
Lancaster, PA 17601
Cumberland County Sheriff' s Department
1 Court House Sq # 303
Carlisle, PA 17013
BLAKEY, Yo: 17 BU" & RAUSCH, LLP
Dated: By: Air
Jo� j aranski, Jr. , Esquire
At .rney for Petitioner
S .reme Ct. I . D. #82585
17 East Market Street
York, Pennsylvania 17401
(717) 845-3674
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
� 1-,
SOVEREIGN BAK, N.A. formerly known NO. 12-4678 `o-z w
ca c/.) ,
as Sovereign Bank, successor to r-rr"') rT1
Waypoint Bank, -<> o
Plaintiff �--
-CD Vs. --!I
Cl) —i
HARRISON F. BINK_ and KATHLEEN C. tip
BINK, a/k/a Kathleen T. Bink
Husband and Wife,
Defendants MORTGAGE FORECLOSURE
RULE
AND NOW, to wit, this /0 * day of September, 2013, upon
consideration of the foregoing Petition to Set Aside Sheriff' s
Sale a Rule is granted upon Plaintiff, Sovereign Bank, N.A. , to
show cause, if any, they may have why the Sheriff ' s Sale of
August 7, 2013 should not be set aside and a new sale scheduled.
Rule returnable 20 days after service, unless concurrences
by the parties shall be sooner filed. ALL PROCEEDINGS TO STAY
MEANWHILE.
By the Court
J.
Service on Sovereign Bank, N .A.
C/O Thomas A. Capehart, Esquire
33 S. 7th Street PO Box 4060
Allentown, PA 18105-4060
7:Xz(/f�M�2
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BAK, N.A. formerly known NO. 12-4678
as Sovereign Bank, successor to
Waypoint Bank, -
Plaintiff
Vs.
HARRISON F. BINK and KATHLEEN C.
BINK, a/k/a Kathleen T. Bink
Husband and Wife,
Defendants MORTGAGE FORECLOSURE
RULE
AND NOW, to wit, this / 9y day of September, 2013, upon
consideration of the foregoing Petition to Set Aside Sheriff' s
Sale a Rule is granted upon Plaintiff, Sovereign Bank, N.A. , to
show cause, if any, they may have why the Sheriff' s Sale of
August 7, 2013 should not be set aside and a new sale scheduled.
Rule returnable 20 days after service, unless concurrences
by the parties shall be sooner filed. ALL PROCEEDINGS TO STAY
MEANWHILE.
B the Court
J.
Service on Sovereign Bank, N.A. `
-�? -a
C/O Thomas A. Capehart, Esquire rn o cn ; T .
33 S. 7th Street PO Box 4060 �0 -u F
Allentown, PA 18105-4060 o o
7
.l _� �7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA c ;
CIVIL DIVISION - LAW w - ¢
rTI
fT} )"t
SOVEREIGN BANK, N.A., formerly known as ) NO. 12-4678 CI)A '"
Sovereign Bank, successor to Waypoint Bank ) rte- ° ` ';
Plaintiff ) - f__)
---
HARRISON BINK and KATHLEEN C. )
BINK, a/k/a Kathleen T. Bink, Husband )
and Wife, )
Defendants ) MORTGAGE FORECLOSURE
ANSWER OF SOVEREIGN BANK, N.A. TO
PETITION TO SET ASIDE SHERIFFS SALE OF
HARRISON F. BINK
And now, comes the Respondent/Plaintiff, Sovereign Bank, N.A., formerly
known as Sovereign Bank, successor to Waypoint Bank, by and through its
attorneys, Gross McGinley, LLP, and Thomas A. Capehart, Esquire and in
response to Petition to Set Aside Sheriffs Sale, responds as follows:
1. Upon information and belief, the allegation in Paragraph 1 is
admitted.
2. Admitted.
3. Admitted. By way of further response, appropriate notices of the
Sheriff Sale were duly posted, mailed and advertised.
4. Admitted in part and denied in part. It is admitted only that
Premises was sold at the August 7, 2013 Sheriffs Sale for a bid price of
$116,000.00 plus transfer taxes, poundage and other costs to be collected by the
Sheriffs Office. It is believed that the total that the successful bidder paid was
$123,725.64. By way of further response, it is believed that the successful bidder
was Jeremy Hess. Further, the sale was duly advertised, appropriate notices
provided, and the bidding process was competitive and lawfully conducted, all
without procedural defect or irregularity. With respect to any remaining factual
averments, Answering Respondent is without sufficient knowledge or information
sufficient to form a belief as to the truth of the allegations and, therefore, they are
denied. Strict proof is required at hearing/trial in this matter.
5. Denied. The allegations in Paragraph 5 constitute legal conclusions
to which no answer is required. To the extent an answer may be required, it is
specifically denied that the purchase price is grossly inadequate. On the contrary,
the purchase price was the highest bid received at the duly noticed and advertised
Sheriffs Sale held August 7, 2013 and presumptively the best price available and
more than was owed to Answering Respondent. Strict proof to the contrary is
required at hearing/trial in this matter.
6. Denied. The allegations in Paragraph 6 constitute legal conclusions
to which no answer is required. By way of further response, a petitioner seeking
to set aside a sale bears the burden of proving circumstances warranting the
exercise of the Court's equitable powers, which is generally required to be proven
by clear and convincing evidence. Borman v. Gordon, 527 A.2d 109, 111
(Pa.Super. 1987), appeal denied, 538 A.2d 874 (1988); Further, it is presumed that
the price received at a duly advertised sheriff sale is the highest and best
obtainable. Blue Bell National Bank v. Balmer, 810 A.2d 164, 166-67 (Pa.Super.
2002). Pennsylvania Courts have long concluded that a sheriffs sale price is
grossly inadequate only where the sale price is a small percentage, typically less
than 10%, of the established market value. Bank of America, N.A., v. Estate of
Hood, 47 A.3d 1208, 1212 (Pa.Super. 2012) citing Delaware County National Bank
v. Miller, 154 A. 19 (Pa. 1931)(sale price of$2,000 on property valued at $69,000
was gross inadequate); Warren Pearl Works v. Rappoport, 154 A. 587 (Pa.
1931)(sale price of$3,500 on property valued at $31,000 was grossly inadequate);
Capozzi v. Antopolis, 201A.2d 420 (Pa. 1964)(sale price of stock of$58.30 was
grossly inadequate where the value was $20,000 on a debt of$982.57); First
Federal Savings and Loan Assn v. Swift, 321 A.2d 895 (Pa. 1974)(sale price of
$5.00 plus taxes of$329.46 on property valued at $6,000 was grossly inadequate).
7. Denied as stated. While the amount bid was $116,000.00, the actual
amount paid totaled $123,725.64. Strict proof to the contrary is required at
hearing/trial in this matter.
8. Denied. After reasonable investigation, Answering Respondent is
without sufficient knowledge or information sufficient to form a belief as to the
truth of the allegations and, therefore, they are denied. Strict proof is required at
hearing/trial in this matter.
9. Denied. The allegation in Paragraph 9 constitutes a legal conclusion
to which no answer is required. By way of further response, Pa.R.C.P. §3132 does
not provide that the Court may act whenever necessary to avoid injustice to an
aggrieved party, namely Petitioner. Rather, that Rule specifically provides that
the Court may, upon proper cause shown, set aside the Sale and order a re-sale or
enter any other order which may be just and proper under the circumstances.
10. Denied. After reasonable investigation, Answering Respondent is
without sufficient knowledge or information sufficient to form a belief as to the
truth of the allegations and, therefore, they are denied. Strict proof is required at
hearing/trial in this matter. By way of further response, Exhibit "A" was
prepared by Petitioner himself and is self-serving. Any and all allegations set
forth in Exhibit "A" are specifically denied. Strict proof to the contrary is required
at hearing/trial in this matter.
11. Denied. The allegation in Paragraph 11 constitutes a legal
conclusion. To the extent an answer may be required, after reasonable
investigation, Answering Respondent is without sufficient knowledge or
information sufficient to form a belief as to the truth of the allegations and,
therefore, they are denied. Strict proof is required at hearing/trial in this matter.
By way of further response, Answering Respondent is not, was not, and has not
been in negotiation with Petitioner or his wife relating to any loan modification or
payment plan and any allegation or inference to the contrary is specifically
denied. Strict proof to the contrary is required at hearing/trial in this matter.
•
12. Denied. The allegation in Paragraph 12 constitutes a legal
conclusion. To the extent an answer may be required, after reasonable
investigation, answering Respondent is without sufficient knowledge or
information sufficient to form a belief as to the truth of the allegations and,
therefore, they are denied. Strict proof is required at hearing/trial in this matter.
By way of further response, Answering Respondent is not, was not, and has not
been, in negotiation with Petitioner or his wife regarding any alleged loan
modification, refinance or payment plan. Any allegation to the contrary is
specifically denied. Strict proof is required at hearing/trial in this matter.
13. Denied. The allegation in Paragraph 13 constitutes a legal
conclusion. To the extent may be required, after reasonable investigation,
Answering Respondent is without sufficient knowledge or information sufficient
to form a belief as to the truth of the allegations and, therefore, they are denied.
Strict proof is required at hearing/trial in this matter. By way of further
response, Respondent will be severely harmed (and continues to be harmed) by
the actions, or more appropriately inactions, of Petitioner and his wife, as
Petitioner and/or his wife have not made any payments on the outstanding
mortgage obligation to Answering Respondent since May of 2009, over four (4)
years ago. Any further delay will only serve to prejudice Answering Respondent.
Moreover, the real estate taxes on the Premises continue to mount and Petitioner
and his wife have not provided proof of fire/casualty homeowner's insurance on
the Premises, all to the detriment and harm of Answering Respondent. Further,
distribution of the sale proceeds has been made to the Cumberland County Tax
Claim Bureau, Hampton Township, and the Commonwealth of Pennsylvania
Department of Revenue such that recovery will create additional harm. Strict
proof to the contrary is required at hearing/trial in this matter.
WHEREFORE, Answering Respondent, Sovereign Bank, N.A., respectfully
requests that this Court deny Petitioner's request to set aside the August 7, 2013
Sheriff's Sale and/or schedule a new sale of the Premises, and enter any other
order which this Court finds to be just and proper under the circumstances.
Respectfully submitted,
Gross McGinley, LLP
Thomas A. Capehart, E quire
Attorney ID #57440
33 South 7th Street
Allentown, PA 18105
Phone: 610-967-1030
Fax: 610-967-0622
00558314.DOCX
VERIFICATION
I,Michelle A. Ziegler,Assistant Vice President and Default Ops.Manager
1,for Sovereign Bank, NA., Respondent/Plaintiff in the foregoing action, hereby
verii`y that the statements made in the foregoing Answer to Defendant's Petition
to Set Aside Sheriffs Sale are true and correct to the best of my knowledge,
information and/or belief. I understand that false statements hereunder are made
subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to
authorities.
a/ I -
M.elle A. Ziegler
sank—Petition to Set aside sale
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION- LAW
SOVEREIGN BANK, N.A., formerly known as ) NO. 12-4678
Sovereign Bank, successor to Waypoint Bank )
Plaintiff )
vs. )
)
HARRISON BINK and KATHLEEN C. )
BINK, a/k/a Kathleen T. Bink, Husband )
and Wife, )
Defendants ) MORTGAGE FORECLOSURE
CERTIFCATE OF SERVICE
I, THOMAS A. CAPEHART, Esquire, attorney for Sovereign Bank, N.A., formerly known as
Sovereign Bank, successor to Waypoint Bank, do hereby certify that on the 25th day of
September, 2013, a true and correct copy of Sovereign Bank's Answer to Defendant/Petitioner,
Harrison F. Bink's Petition to Set Aside Sheriffs Sale was mailed by United States First Class
Mail, Postage Pre-paid to the following interested parties listed below:
John J. Baranski, Jr., Esquire
17 E. Market Street
York, PA 17401
Kingsway RE, as CJD Group
1700 Oregon Pike
Lancaster, PA 17601
Cumberland County Sheriffs Office
1 Court House Square#303
Carlisle, PA 17013
GROSS MCGINLEY, LLP
�1►�ls
6."
Thomas A. Capehart, E-q.
Attorney for Plaintiff
Attorney I.D. No. 57440
33 S. 7th Street, PO Box 4060
Allentown, PA 18105-4060
(610) 820-5450
SOVEREIGN BANK,N.A., IN THE COURT OF COMMON PLEAS OF
formerly known as Sovereign Bank, CUMBERLAND COUNTY, PENNSYLVANIA
successor to Waypoint Bank,
Plaintiff CIVIL ACTION—LAW
NO. 12-4678 CIVIL
vs.
HARRISON F. BINK and
KATHLEEN C. BINK, a/k/a
Kathleen T. Bink, Husband and
Wife,
Defendants MORTGAGE FORECLOSURE
IN RE: PETITION TO SET ASIDE SHERIFF'S SALE
ORDER
AND NOW, this Z `� day of October, 2013, hearing on the Petition to Set Aside
Sheriff's Sale and the Answer filed thereto is set for Tuesday,November 19, 2013, at 11:00 a.m.
in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Kevin A. ss, P. J.
Thomas A. a
eh
Ca rt, Esquire
P q
33 S. 7"' Street
P. O. Box 4060
Allentown, PA 18:105-4060
For the Plaintiff
John J. Baranski, J,r., Esquire
17 East Market Street
York, PA 17401 '
For the Defendants �,r F-
:rlm o
c Mat lei, 1 .
!o 6113 f
r'j
SOVEREIGN BANK,N.A., : IN THE COURT OF COMMON PLEAS OF
formerly known as Sovereign Bank, : CUMBERLAND COUNTY, PENNSYLVANIA
successor to Waypoint Bank,
Plaintiff : CIVIL ACTION—LAW
: NO. 12-4678 CIVIL
vs.
•
HARRISON F. BINK and •
KATHLEEN C. BINK, a/k/a •
Kathleen T. Bink, Husband and :
Wife,
Defendants : MORTGAGE FORECLOSURE
IN RE: PETITION TO SET ASIDE SHERIFF'S SALE
ORDER
AND NOW,this /9' day of November, 2013, the hearing set for November 19,
2013, at 11:00 a.m. is continued to Tuesday, December 17, 2013, at 11:00 a.m. in Courtroom
•
Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Kevi t Hess, P. J.
Thomas A. Capehart, Esquire
33 S. 7th Street
P. O. Box 4060
Allentown, PA 18105-4060 e
For the Plaintiff ` '
mrr3
ohn J. Baranski, Jr., Esquire =2
17 East Market Street . '<
York, PA 17401 o
For the Defendants z c
k
:rim —�
COpt.e-S nbt(c
// 2.4/2
THE PRO OIUH`� , ?Y
2913 UEC 16 AM AO: 19
CUMBERLAND COUNT Y
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK, N.A. formerly known: NO. 12-4678
as Sovereign Bank, successor .to •
Waypoint Bank, •
Plaintiff,
vs •
HARRISON F. BINK and KATHLEEN C. .
BINK, a/k/a Kathleen T. Bink, •
Husband and Wife, •
Defendants • MORTGAGE FORECLOSURE
MOTION TO WITHDRAW PETITION TO SET ASIDE SHERIFF'S SALE
1. Petitioner Harrison F. Bink, a party Defendant in this
matter with a principal address of 765 Lancaster Avenue, Enola,
PA 17025.
2 . Respondent is Sovereign Bank, N.A. , formerly known as
Sovereign Bank, successor to Waypoint Bank, with a principal
office address of 601 Penn Street, Reading PA 19601 .
3. This matter is scheduled for a hearing on Petitioner' s
Petition to Set Aside Sheriff Sale at 11 AM on December 17, 2013
in front of the Honorable Kevin J. Hess .
4 . Upon further consideration and review of the evidence,
and the response of Sovereign Bank to the Rule to Show Cause,
Petitioner has elected to withdraw his Petition.
WHEREFORE, Petitioner requests this Honorable Court enter
an Order allowing Petitioner to withdraw his petition.
Respectfull submit ed,
BLAKEY, ' OST, BUP' & Rausch, LLP
By: (
Jo n/1. :aranski, Jr. , Esquire
At ,% ney for Petitioner
S •reme Ct. I .D. #82585
17 East Market Street
York, Pennsylvania 17401
(717) 845-3674
2
CERTIFICATE OF SERVICE
I hereby certify that I am this day causing a copy of the
foregoing document to be served by on the following person in
the manner indicated:
Thomas A. Capehart, Esquire
Via Fax - 610 820-6006
And first class mail
33 S. 7th Street PO Box 4060
Allentown, PA 18105-4060
Kingsway RE, as CJD Group,
1700 Oregon Pike
Lancaster, PA 17601
Via Federal Express
Cumberland County Sheriff' s Department
1 Court House Sq # 303
Carlisle, PA 17013
Via First Class Mail
BLAKEY, o-• : PP & "USCH, LLP
Dated: $ .I r?- 13 By: 44,111111V
.. ' rranski, Jr. , Esquire
orney for Petitioner
Supreme Ct. I . D. #82585
17 East Market Street
York, Pennsylvania 17401
(717) 845-3674
0
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOVEREIGN BANK, N.A. formerly known : NO. 12-4678
as Sovereign Bank, successor to .
Waypoint Bank, -
Plaintiff •
Vs. ••
•
•
HARRISON F. BINK and KATHLEEN C. •
BINK, a/k/a Kathleen T. Bink •
Husband and Wife, •
Defendants • MORTGAGE FORECLOSURE
ORDER
AND NOW, to wit, this /G . day of December, 2013, upon
consideration of the foregoing Petition, it is hereby ORDERED
that Petitioner' s Petitioner to Set Aside Sheriff Sale is
withdrawn with prejudice.
By the Court
-77:// . 4 AZ:
J.
Service on Sovereign Bank, N.A.
C/O Thomas A. Capehart, Esquire
33 S. 7th Street PO Box 4060
Allentown, PA 18105-4060
v'11 ES. m�,,
1/477 GrelfuVd— -2 73 i")
?4+4y J. � s�
/ i?//3 -�
rr
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
ai
o rrt� rrt CrItriber,„d
Jody S Smith
C21
Chief Deputy ;::4 2 .
Richard W Stewart l�" �rtj(, (� � ,
Solicitor oFFIcE OFTF E SHERIFF PENNS YLVANIA
Sovereign Bank
vs. Case Number
Kathleen C. Bink(et al.) 2012-4678
SHERIFF'S RETURN OF SERVICE
12/28/2012 06:48 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 17 Stone Spring Lane, Camp Hill, PA 17011,
Cumberland County.
01/04/2013 03:46 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant,to wit:
Harrison F. Bink at 765 Lancaster Avenue, East Pennsboro Township, Enola, PA 17025, Cumberland
County.
01/04/2013 08:33 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant, to wit:
Kathleen C. Bink at 17 Stone Spring Lane, Hampden Township, Camp Hill;PA 17011, Cumberland
County.
03/05/2013 As directed by Thomas Capehart, Attorney for the Plaintiff, Sheriff's Sale Continued to 6/5/2013
05/31/2013 As directed by Thomas Capehart, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/10/2013
06/12/2013 As directed by Thomas Capehart, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013
08/07/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on August 7, 2013 at 10:00 a.m.. He
sold the same for the sum of$116,000.00 to Jeremy Hess, on behalf of CJD Group LLC, 1770 Oregon
Pike, Lancaster, PA 17601, being the buyer in this execution, paid to the Sheriff the sum of
SHERIFF COST: $3,820.81 SO ANSWERS,
September 05, 2013 RONNY R ANDERSON, SHERIFF
L/g•DU td•
•a)S”i°/
SZ7
(c)CountySuite Sheriff,Teleosoft,Inc.
PROPOSED SCHEDULE OF DISTRIBUTION
Date Filed: August 23, 2013
Writ No. 2012-4678 Civil Term
Sovereign Bank
Vs
Kathleen C. Bink
Harrison F. Bink
17 Stone Spring Lane
Camp Hill, PA 17011
Sale Date: August 7, 2013
Buyer: Jeremy Hess
Amount Due: $ 90,700.93
Interest: 2,986.64
Atty Paid: 251.25
Total: 93,938.82
DISTRIBUTION:
Receipts:
Cash on Account (11/15/2012): $ 1,500.00
Cash on Account (08/07/2013): 15,000.00
Cash on Account(08/23/2013) 108,725.64
Total Receipts: $ 125,225.64
Disbursements:
Sheriffs Costs $ 3,470.81
Legal Search 350.00
Transfer Tax (Local) 2,527.82
Transfer Tax (State) 2,527.82
Cumberland County Tax Claim Bureau 12,697.63
Michael Langan, Hampden Township
Tax Collector (2013 School, Cty, Lib, Twp) 2,910.03
Hampden Township 391.27
Attorney Thomas Capehart 1,500.00
Commonwealth of Pennslyvania
Department of Revenue, Bureau of Compliance 4,911.44
Sovereign Bank, N.A. 93,938.82
Total Disbursements: ($125,225.64)
Balance for distribution: 00.00
So Answers:
14",e el//9,
Afr
Ronny R: Aricierso`n`"`"``" ' '
Sheriff
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY.PENNSYLVANIA
CIVIL DIVISION—LAW
SOVEREIGN BANK,N.A.,f/k/a Sovereign : Mortgage Foreclosure
Bank, successor to Waypoint Bank
Plaintiff No.2012-04678
vs
•
HARRISON F.BINK and KATHLEEN C. .
BINK,a/k/a Kathleen T.Bink,Husband and .
Wife
Defendants .
AFFIDAVIT PURSUANT TO RULE 3129.1 .
I, Thomas A. Capehart, Esquire, attorney for Plaintiff in the above action, sets forth, as of the
date the Praecipe for Writ of Execution was filed, the following information concerning the real
property located a ne Sp g Lane, Camp Hill, Cumberland County, Pennsylvania and more
particularly described in Exhibit "A" attached hereto:
1. The names and last known address of the Owners or Reputed Owners of the Property
is: Harrison F. Bink, 765 Lancaster Avenue, Enola, Pennsylvania 17025; and, Kathleen C. Bink,
a/k/a Kathleen T. Bink, 17 Stone Spring Lane, Camp Hill, Pennsylvania 17011.
2. The name and last known address of the Defendants in the judgment is: Harrison F.
Bink, 765 Lancaster Avenue, Enola, Pennsylvania 17025; and, Kathleen C. Bink, a/k/a Kathleen T.
Bink, 17 Stone Spring Lane, Camp Hill, Pennsylvania 17011.
3. The name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold is:
a) Sovereign Bank N.A., formerly known as Sovereign Bank, successor to
Waypoint Bank, 601 Penn Street, Reading, PA 19601; $90,700.93; dated 10/18/12;No. 2012-04678-
Civil, Cumberland County records.
b) Mid Penn Bank, 349 Union Street, Millersburg,PA 17061; $65,336.08; dated
02/23/09;No. 2008-06132-Civil, Cumberland County records.
4. The names and last known addresses of the last recorded holders of every mortgage of
record are:
o PY
•
a) Sovereign Bank,N.A.,formerly known as Sovereign Bank, successor to
Waypoint Bank, 601 Penn Street, Reading, Berks County, Pennsylvania 19601; $150,000.00;
recorded 02/12/03; Mortgage Book Volume 1795,Page 4522.
b) Mid Penn Bank,4098 Derry Street, Harrisburg,Pennsylvania 17111:
$100,000.00; recorded 03/03/08; Instrument#200806129, Cumberland County Recorder of Deeds.
5. The names and last known addresses of other known persons who have any record lien
on the property are:
a) . Pennsylvania Department of Revenue, Bureau of Compliance, Lien Section,
PO Box 280948,Harrisburg, PA 17128-0948;$5,081.55; dated 05/07/12;No. 2012-02850-Civil,
Cumberland County records.
b) Township of Hampden, 230 S. Sporting Hill Road,Mechanicsburg,PA 17055;
$1,249.50; dated 05/13/12;No. 2009-03044-Civil, Cumberland County records.
6. The name and address of any other persons who have a record interest in the property
and whose interest may be affected by the sale:
a) Cumberland County Tax Claim Bureau, 1 Courthouse Square, Room 106,
Carlisle, PA 17013.
b) Cumberland County Domestic Relations 13 N. Hanover Street, P.O. Box 320,
Carlisle, PA 17013.
c) Commonwealth of Pennsylvania, Department of Public Welfare, Bureau of
Child Support Enforcement, PO Box 2675, Harrisburg, PA 17105.
d) Commonwealth of Pennsylvania, Bureau of Individual Tax, Inheritance
Tax Division, 6th Floor, Strawberry Square, Department#280601, Harrisburg, PA 17128.
e) Belco Community Credit Union,449 Eisenhower BLVD,PO Box 82,
Harrisburg, PA 17108; $5,828.01;No. 2008-07316-Civil, Cumberland County records.
f) M&T Bank, One M&T Plaza, Buffalo,NY 14240; $27,925.27; dated
04/27/12;No. 2012-02598-Civil, Cumberland County records.
7. There are no other persons who have any interest in the property which may be
affected by the sale.
I verify that the statements m ade in this Affidavit are true and correct to the best of my
personal knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
GROSS MCGINLEY LLP
Dated: /.0/2‘.6/1 2— -
Thomas A. Capehart, E-:wire .
Attorney for Plaintiff
Attorney I. D. #57440
33 S. 7 Street, PO Box 4060
Allentown, PA 18105-4060
610-820-5450
00486564.DOCX
•
• lPre"
-
ALL THAT CERTAIN tract or parcel of land and the premises, situate, lying and being in the
Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point which is the northern most corner of land now or formerly of Pate and
running thence; North 61 degrees 15 minutes 00 seconds East 311.94 feet, crossing a private
road known as Stone Spring Lane to a point on the westerly edge of the Conodoguinet Creek,
then along the westerly edge of said creek, South 19 degrees 39 minutes 29 seconds East 120.80
feet to a point which is the northernmost corner of land now or formerly of Shoemaker(No. .16.
Stone Spring Lane); thence along the northerly line of said Shoemaker, South 61 degrees 15
minutes 00 seconds West 202.30 feet to a point(which is the easterly corner of Patel); thence
along the easterly line of Patel, North 29 degrees 17 minutes 36 seconds West 119.28 feet to a
point which is the place of BEGINNING.
•
CONTAINING thereon a single family dwelling and a detached building/garage and being
known as 17 Stone Spring Lane
BEING THE SAME PREMISES WHICH Burris Ward and Janis K. Ward, formerly known as
Janis K. Pretz,husband and wife,by Deed dated June 30, 2000 and recorded on July 10,2000 in
the Office for the Recording of Deeds in and for the County of Cumberland at Deed Book
Volume 225,page 31, granted and conveyed unto Harrison F. Bink and Kathleen C. Bink,
husband and wife, the within Mortgagors, their heirs and assigns.
EXHIBIT "A"
00486564.DOCX
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION—LAW
SOVEREIGN BANK,N.A., f/k/a Sovereign : Mortgage Foreclosure
Bank, successor to Waypoint Bank
Plaintiff : No.2012-04678
vs.
HARRISON F. BINK and KATHLEEN C. •
BINK,a/k/a Kathleen T.Bink,Husband and .
Wife
Defendants .
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
PURSUANT TO PA. R.C.P. 3129
TO: HarrisoniF. Bink - Kathleen C. Bink
763 Lancaster Avenue a/k/a Kathleen T. Bink
�Enola, PA 17025 17 Stone Spring Lane
Camp Hill, PA 17011
Your real estate located at 17 Stone Spring Lane, Camp Hill, Hampden Township,
Cumberland County, Pennsylvania is scheduled to be sold at a Sheriffs Sale on March 6, 2013 at
10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland
County, PA to enforce the court judgment of$90,700.93,plus interest from October 18, 2012 and
costs of this proceeding, obtained by SOVEREIGN BANK,N.A., formerly known as Sovereign
Bank, successor to Waypoint Bank.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to Sovereign Bank and/or its attorney, Thomas A.
Capehart, Esquire,the entire judgment amount,accrued interest, costs and reasonable attorney's fees
due. To find out how much you must pay, you may call(610) 820-5450.
2. You may be able to stop the sale by filing a Petition asking the Court to strike or open the
judgment if the judgment was improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See Notice on Page Three on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling(610) 820-5450.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened,you may call (610) 820-5450.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and
the Sheriff gives a deed to the buyer. At that time, the buyer will bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your real estate. A schedule
of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30)days
of the sale. This schedule will state who will be receiving the money. The money will be paid out in
accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after
the posting of the schedule of distribution.
7. You may also have other rights and defenses or ways of getting your real estate back if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE,4TH FLOOR
CARLISLE,PA 17013 •
(717)240-6200
GROSS MCGINLEY LLP
Dated: t''Q/L!6/%- By: . i_/
l
Thomas A. Capehart, E quire
�
Attorney for Plaintiff
I. D.No. 57440
33 S. 7th Street, PO Box 4060
00486564.DOCX Allentown, PA 18195-1014
4
r
On November 15, 2012 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA,
Known and numbered as, 17 Stone Spring Lane,
Camp Hill, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: November 15, 2012
By:
BULL&
Real Estate Coordinator
•
s d 1 tkOR Z 1 Ol
dia-3.Hs 391
ALL THAT CERTAIN tract or parcel of land and the premises, situate, lying and being in the
Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point which is the northern most corner of land now or formerly of Pate and
running thence; North 61 degrees 15 minutes 00 seconds East 311.94 feet, crossing a private
road known as Stone Spring Lane to a point on the westerly edge of the Conodoguinet Creek,
then along the westerly edge of said creek, South 19 degrees 39 minutes 29 seconds East 120.80
feet to a point which is the northernmost corner of land now or formerly of Shoemaker(No. 16
Stone Spring Lane); thence along the northerly line of said Shoemaker, South 61 degrees 15
minutes 00 seconds West 202.30 feet to a point(which is the easterly corner of Patel); thence
along the easterly line of Patel,North 29 degrees 17 minutes 36 seconds West 119.28 feet to a
point which is the place of BEGINNING.
CONTAINING thereon a single family dwelling and a detached building/garage and being
known as 17 Stone Spring Lane
BEING THE SAME PREMISES WHICH Burris Ward and Janis K. Ward, formerly known as
Janis K. Pretz,husband and wife,by Deed dated June 30, 2000 and recorded on July 10,2000 in
the Office for the Recording of Deeds in and for the County of Cumberland at Deed Book
Volume 225,page 31, granted and conveyed unto Harrison F. Bink and Kathleen C. Bink,
husband and wife, the within Mortgagors, their heirs and assigns.
EXHIBIT "A"
00486564.DOCX
WRIT OF EXECUTION and/or ATTACHMENT
y r
COMMONWEALTH OF PENNSYLVANIA) NO. 12-4678 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SOVEREIGN BANK,N.A.,f/k/a SOVEREIGN BANK,
successor to WAYPOINT BANK, Plaintiff(s)
From HARRISON F. BINK and KATHLEEN C. BINK,a/k/a KATHLEEN T. BINK, husband
and wife
(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 garnishees)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: $90,700.93 L.L.: $.50
Interest from 10/15/12 to 3/6/12 @$10.09/day -- $1,442.87
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $251.25 Other Costs:
Plaintiff Paid:
Date: 11/9/12 L
David D. Buell,Prothonota
(Seal) // i , ',et
Deputy
REQUESTING PARTY:
Name: THOMAS A.CAPEHART,ESQUIRE
Address: GROSS MCGINLEY LLP
33 S. 7th Street,PO Box 4060 TRUE COPY FROM RECORD
Allentown,PA 18105-4060 in Testimony whereof,f here unto set my hand
and the set of said Coyfti at Carlisle,Pa.
Attorney for: PLAINTIFF Thi da of AJa` ,20 /a-
Telephone: 610-820-5450 % Prothonotary
Supreme Court ID No. 57440
•
CUMBERLAND LAW JOURNAL
Writ No. 2012-4678 Civil conveyed unto Harrison F.Bink and
Kathleen C.Bink,husband and wife,
Sovereign Bank the within Mortgagors, their heirs
and assigns.
vs.
Kathleen C. Bink,
Harrison F.Bink
a/k/a Harrison F.Bink
Atty.:Thomas Capehart
ALL THAT Certain tract or parcel
of land and the premises, situate,
lying and being in the Township of
Hampden in the County of Cumber-
land and Commonwealth of Pennsyl-
vania, more particularly described
as follows:
BEGINNING at a point which is
the northern most corner of land
now or formerly of Pate and running
thence;North 61 degrees 15 minutes
00 seconds East 311.94 feet,crossing
a private road known as Stone Spring
Lane to a point on the westerly edge
of the Conodoguinet Creek, then
along the westerly edge of said creek,
South 19 degrees 39 minutes 29
seconds East 120.80 feet to a point
which is the northernmost corner of
land now or formerly of Shoemaker
(No. 16 Stone Spring Lane); thence
along the northerly line of said Shoe-
maker,South 61 degrees 15 minutes
00 seconds West 202.30 feet to a
point (which is the easterly corner
of Patel); thence along the easterly
line of Patel, North 29 degrees 17
minutes 36 seconds West 119.28
feet to a point which is the place of
BEGINNING.
CONTAINING thereon a single
family dwelling and a detached build-
ing/garage and being known as 17
Stone Spring Lane.
BEING THE SAME PREMISES
WHICH Bums Ward and Janis K.
Ward, formerly known as Janis K.
Pretz, husband and wife, by Deed
dated June 30, 2000 and recorded
on July 10,2000 in the Office for
the Recorder of Deeds in and for the
County of Cumberland at Deed Book
Volume 225, page 31, granted and
21
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
January 25, February 1, and February 8, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time,place and character of publication are true.
isa Marie Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
8 da of February, 2013
.tea
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
■
The Patriot-News Co. •
2020 Technology Pkwy e Pattiot*Ntws
Suite 300 .
Mechanicsburg, PA 17050 Now you - know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
• CUMBERLAND COUNTY COURT HOUSE .
CARLISLE PA . 17013 .
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS •
Proof of Publication
Under Act No. 587, Approved May 16, 1929
• 'Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says: .
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said •
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as .
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the.
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. .
This ad ran on the date(s)shown below:
C
2012-4678 Civil
Sovereign Bank 01/22/13 •Vs - 01/29/13 .-
.Bi Kathleen C.Sink •Harrison / .
n F.Blnk,a/k/a Harrison i 02/05/13. .
F.Thomas . . .
Atty Thomas Capehart AIT
ALL THAT Certain tract or parcel of land
and the premises,situate,lying and being in Sworn to and su ascribed before me •.s 14 •ay of February, 2013 A.D.
the Township of Hampden in the County
of Cumberland and Commonwealth of /
3N Pennsylvania, more particularly described
1\ 011 / /
II' as follows: .& `� . A L.•
BEGINNING at a point which is the N• - "ublic
i
e northern most corner of land now or
)! formerly of Pate and running thence;
North 61 degrees 15 minutes 00 seconds
East 31L94 feet,crossing a private road - COM' • ' EALTH OF PENNSYLVANIA - -
if known as Stone Spring Lane to a point
5 on the westerly edge of the Conodoguinet Notarial Seal
Creek, then along the westerly edge of Hotly Lynn Warfel,Notary Public .
said creek,South 19 degrees 39 minutes 29 Washington Twp.,Dauphin County
seconds East 120.80 feet to a point which ' My Commission Expires Dec.12,2016
is the northernmost corner of land now I MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
or formerly of Shoe 16 Stone i
Spring Lane); thence along the northerly '
- line of said Shne akgr_Sonri 6Ldem.,,_-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:.
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
• Sheriffs Deed in which CJD Group LLC is the grantee the same having been sold to said grantee on the
7th day of August A.D., 2013, under and by virtue of a writ Execution issued on the 9th day of
November, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012
Number 4678, at the suit of Sovereign Bank N A fka Sovereign Bank successor to Waypoint Bank
against Harrison F, Kathleen C aka Kathleen T Bink is duly recorded as Instrument Number 201401757.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this a3 day of
CI a , A.D. 001`7
l<CiniUtO ��,� , oly
Recorder of Deeds
Recorder of Deeds,Cumberland County,Carlisle,PA
My Commission Expires the First Monday of Jan.2018