HomeMy WebLinkAbout03-0998IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB
Plaintiff,
VS.
STEPHEN S. BENION,
LUISA F. BENION and
DABIS CAMERO,
Defendants.
TO: DEFENDANT(s)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED C~MP~LAIN~4~N TWENTY (20) DAYS
I HEREII,Y CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
11350 McCorn-lk~Road,
Suite
200
Hunt Valley, MI~ 1103~
AND THE DEF~J}II~.,,~(S~/
4401 Pa¢~~ 17011
ATTORNEY FOR PLAINTIFF
CERTIFICATE O~F LOCATION
I HEREBY CER:~IFY THAT~I:I~LOCATION OF
THE REAL EST~kTE ~'~rED~Y THIS LIEN IS
4401 Paeka_~ 1
A L/
CIVIL DWISION
NO.: O3- ~0~
TYPE OF PLEADING
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF:
Eastern Savings Bank, FSB
Plaintiff,
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
JAMES, SMITH, DURKIN &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
STEPHEN S. BENION,
LUISA F. BENION and DABIS CAMERO,
Defendants.
CWIL DIVISION
NO.:
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
STEPHEN S. BENION,
LUISA F. BENION and DABIS CAMERO,
Defendants.
CIVIL DIVISION
NO.:
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(S00) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
STEPHEN S. BENION,
LUISA F. BENION and DABIS CAMERO,
Defendants.
CIVIL DIVISION
NO.: d33-
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Eastern Savings Bank, FSB, by its attorneys, James, Smith, Durkin &
Connelly LLP, files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Eastern Savings Bank, FSB, which has its principal place of
business at 11350 McCormick Road, Suite 200, Hunt Valley, Maryland 21031.
2. The Defendants, Stephen S. Benion, Luisa F. Benion and Dabis Camero, are adult
individuals whose last known address is 4401 Packard Lane, Camp Hill, Pennsylvania 17011.
3. On or about February 26, 1999, Defendants, Stephen S. Benion and Luisa F.
Benion, executed a Note in favor of Plaintiff in the original principal amount of $261,000.00. A
true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about February 26, 1999, as security for payment of the aforesaid Note,
Defendants, Stephen S. Benion and Luisa F. Benion, made, executed and delivered to Plaintiff a
Mortgage in the original principal amount of $261,000.00 on the premises hereinafter described,
with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County
on March 3, 1999, in Mortgage Book Volume 1524, Page 271. A true and correct copy of said
Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit
"B", attached hereto and made a part hereof.
5. Defendants are the record and real owners of the aforesaid mortgaged premises.
Defendants, Stephen S. Benion and Luisa F. Benion, sole owners as of the date of the Note and
Mortgage, granted and conveyed the Mortgaged Premises to all three Defendnats on February
18, 2000 without notice to or the consent of Plaintiff.
6. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. On or about October 4, 2002, Defendants were mailed combined Notices of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices of Intention to
Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act,
Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. True and correct copies of said Notices
are marked Exhibit "C", attached hereto and made a part hereof.
8. The amount due and owing Plaintiff by Defendants is as follows:
Principal $260,595.00
Interest through 3/3/03 $ 17,085.70
Late Charges $ 4,888.50
Bank Fees $ 1,729.80
Attorney's Fees $ 1,350.00
Court, Sheriff and Title Costs $ 2,500.00
TOTAL $288,149.00
plus interest on the principal sum ($260,595.00) from March 3, 2003, at the rate of $79.55 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s)
do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will
obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading,
Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if
different from above.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $288,149.00, with interest thereon at the rate of $79.55 per diem fi.om March 3, 2003 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of the mortgaged premises.
Scott A. Di Esquire
Attorneys for Plaintiff
PA I.D. # 55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
114513
NOTE
02 / 26 / 99 HARRISBURG Pennsyl rani a
Date City State
4401 PACKARD LANE, Camp Hill PA 17011
Property Addre.~' City State Zip C~,le
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 261,000.00 (this amount is called
"principal"), plus interest, to the order of the Lender. The Lender is Eastern Savings Bank, fsb, Executive Plaza II, Suite 200,
11350 McCormick Road, Hunt Valley, MD 21031. I understand that the Lender may transfer this Note. The Lender or anyone
who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder".
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly
rote of 10. 990 %.
The interest rate required by this Section 2 is the rate ] will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
l will pay principal and interest by making payments every month.
I will make my monthly payments on the 26th day of each month beginning on March 26
1999 . I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. My monthly payments will be applied first to interest computed to the date of
paymct~t, then to principal, and then to accrued late charges. If, on February' 26 2029 , I still owe amomT:~
under ,his Note, I will pay those amounts in full on that date, which is called the "maturity date." If I fail to pay this Note in ',hll
on or before the maturity date, I will pay interest from and after the maturity date upon the uupaid principal balance at the rate of
interest prevailing under this Note. Lender, at its option, may declare any remaining indebtedness immediately due and pa~able
Five ( 5 ) years after the date of this loan or annually thereafter on the anniversary of that date.
I will make my monthly payments at Eastern Savings Bank, fsb, Executive Plaza II, Suite 200, 11350 McCormick Road,
Hunt Valley, MD 21031 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments
My monthly payments will be in the amount of U.S. $ 2,4 83.60
4. BORROWER'S RIGHT TO PREPAY
Subject to the terms of this paragraph, 1 have the right to make payments of principal at any time before they are due. A
payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am
doing so. During the first three (3) years of this loan, Borrower may prepay the loan in an amount not exceeding twenty percent
(20%) of the original principal amount in any twelve (12) month period without penalty. However, during the first three (3) years
of this loan, a prepayment charge will be imposed on any amount prepaid in any twelve (12) month period in excess of twenty
percent (20%) of the original principal amount of the loan. The charge imposed shall be an amount equal to the payment of six (6)
months advance interest on the amount prepaid in excess of twenty percent (20%) of the original principal amount. After the first
three (3) years of this loan, there shall be no prepayment penalty.
If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless
the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan cl'arges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan chat[. ~
shall b, reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) m~y sums already collected from .,~e
which exceeded permitted limits will be refunded to me. The Note Holder may choose to mak~- this refund by reducing the
principal 1 owe under this Note or by making a direct payment to me. Ifa refund reduced principal, the reduction will be treated as
a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it
is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5% of my overdue payment of principal and
interest. I will pay this late charge promptly, but only once on each late payment. (B) Default
If l do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the
interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to
me.
{1)) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expem '-~ include, for example, reasonable attorneys' fees. Reasonable attorney's fees shall in-qude fees expended in bankrup!,:
procec.,~[ngs filed on behalf of or against me. (F) NSF Charges
Lender may charge a fee of $15.00 if a check submitted by the borrower is dishonored on the second presentment.
ESB Multistate Initials .~,.,~ ~_~.
Isl Morlgag~ Prepayment 3/6 12/98 multippa.pcl
114513
7. GD'ING OF NOTICES
Any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me
at the Property Address above. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice
of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note
Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against eanh person individually or against all of us together. This means that any one of us may be required to pay
all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the
right to rexluire the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this
Note, protects the Note Holder from possible losses which might result if I do not keep the promises which l make in this Note.
That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all
amoun.~s I owe under this Note. Some of those conditions are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any in~.erest
in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by
federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of aeeeleratlon. This notice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums
secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
1 I. APPLICABLE LAW
This Note shall be governed by the provisions of Subtitle 10 of Article 12 of the Commercial Law Article of the Annotated
Code of Maryland, as amended from time to time, and by federal law.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
STEPHEN S. BENION
(Seal)
-Borrower
(Seal)
(Seal)
-Borrower
(Seal)
-Borrower
]Sign Original Only]
ESB Muhistate
I st Mortgage Prepayment 3/6 12/98 multipph.pcl 2/2
EXHIBIT "B"
Uniform Parcel Identification
RECORDER'~n~:, DEEDS
OUMBERLA;~2' ~,Od,', I , -FA
'99FlI It 3 2 07
11451]
Return to:
The Sentinel Agency, Inc. ..,,.~j.J
2146 North Second Street
HARRISBURG, PA 17110
Parcel Number:
[SluiCe Above This Line For Recording Data] --
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on this 26th day of February. 1999
STEPHEN S. BENION and LUISA F. BENION
· The mortgasor is
("Borrower"). This Security Instrument is given to
Eastern Savings Bank, fsb
which is organized and existing under the laws of The United States of America , and whos;
address is 11350 McCormick Road, Ste. 200, Hunt Valley, MD 21031
("Lender"). Borrower owes Lender the principal sum of
Two Hundred Sixty One Thousand and 00/100.
Dollars (U.S. $ 261,000.00 ).
Thi~ debt is evidenced by Borrower's note dated the same date as this Security In~tament ("Note"), which provkt .: for
,noclltly payments, with the full debt, if not paid earlier, due and payable on February 26, 2029
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the i,ote, with interest, and all renewals,
extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to
protect the security of this Security Instrument; and (c) the pertbrmance of Borrower's covenants and agceements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following
described property located in Cumberland County, Pennsylvania:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
which has the address of 4401 PACKJM~D I. dkNE, C~mp Hill
Pennsylvania 17011 IZip Codel ("Property Address");
PENNSYLVANIA-Single FamiI¥-FNMA/FHLMC
UNIFORM INSTRUMENT Form 303S 9190
~ -6RIPAI {941oj.o3 Amended 6191
VMP rvlORTGAG£ FORMS - {8001521-7291
IStreet. City I,
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property"
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby codveyed and has the right to mot! ..'age,
grm, and convey the Property and that the Property is unencumbered, except for encuml:~rances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and ]ate charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes
and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments
or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums,
if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with
the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow fleas."
Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally
related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of
1974 as amended from time to time, 12 U.S.C. Section 2601 et .vvq. ("RESPA"), unless another [aw that applies to the Funds
sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount.
Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the
Esc.,~w Items. Lender may not charge Borrower for holding and applying the Funds, ann sally analyzing the escrow acco.~l ~, or
ver~'x ing the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to mak,: ..nch
a charge. However, Lender may require Borrower to pay a one-time charge for an indepe~dent real estate tax reporting service
used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or
applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
withont charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made. The Fnnds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any
time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower
shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than
twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale
of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by
this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs
I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2;
third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay
these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time di~tly
to t;~.. person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this para3: :~ph.
If Btg,'rower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien
by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
(~I~,-6R(PA) (9410),03 PAge 2 of 6 Form 3039 9/90
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including
floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval
which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's
option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of
paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or
repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums
secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If
und,~r paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from
dam~tge to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security lnstr~,~ent
immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the
execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one
year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld,
or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair
the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture
action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the
Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may
cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling
that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material
impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if
Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed
to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited
to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Secnrity Instrument is on a
leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in
this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and
pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may
incl,~de paying any sums secured by a lien which has priority over this Security Instrumeat, appearing in court, [,r,ying
reasL,~mble attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph
7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disborsement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If
substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to
one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to
be in effect. Lender will accept, nsc and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve
payments may no longer be required, at the option of Lender, if tnortgage insurance coverage (in the amount and for the period
that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay
the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage
insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
eundemnatlon or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrmaent,
whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this
Security Instrument immediately before the taking, unless Borrower and L~nder otherwise agree in writing, the sums secured by
this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total
amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately
before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the
taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall
be applied to the sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemner offers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any applieatiun of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
I 1. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall
not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
conunence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the
exel cise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements o. this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan ch~.rges,
and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the
loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to
Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct
payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge under the Note.
14. Notices. Any nntiee to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing
it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address
or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to
Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this
Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which :".n be
give ~ effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are dr,: .ared
to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it
is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this
Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date
of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of aeceleratinn. The notice shall provide a period r,f not
less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those¢onditions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)
cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument,
including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure
that the lien of this Seenrity Instrument. Lender's rights in the Property and Borrower's obligation to pay the sums secured by
this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the
obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity ('known
as t!;e "Loan Servicer") that collects monthly payments due under the Note and this Securit.; Instrument. There also may i~, one
or u.t're changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower v..II be
givcu written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and
address of the new Loan Servicer and the address to which payments should be made. 'l'r~e notice will also contain any other
information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action b) any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law
of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that
any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take
all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach
of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless
applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action
required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may
result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the
Prov. erty. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert t:~ the
fore losure proceeding the non-existence of a default or any other defense of Borrowe~ ~.o acceleration and foreclosur · If
the ,iefault is not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured by
this Security Instrument without further demand and may foreclose this Security ~/~trument by judicial proceeding.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,
including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate
conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument
without charge to Borrower. Borrower shall pay any recordation costs.
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings
to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execmion,
extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the
con'm~ancement of bidding at a sheriff's sale or other sale pursuant to this Security instrument.
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title
to the Property, this Security Instrument shall be a purchase money mortgage.
26. interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note
or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
27. Riders to this Security lnstrtmaent. If one or more riders are executed by Borrower and recorded together wi< this
Sec~.~ity Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and suppk ment
the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
[] Adjustable Rate Rider [] Condominium Rider [] 1-4 Family Rider
[] Gradnated Payment Rider [] Planned Unit Development Rider [] Biweekly Payment Rider
[] Balloon Rider [] Rate Improvement Rider [] Second Home Rider
[] VA Rider [] Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and
in any rider(s) executed by Borrower and recorded with it.
(Seal)
-Borrower
the within-named Mortgagee is 11350 McCormick Road,
Witness my hand this 26th
COMMONWEALTH OF PENNSYLVANIA,
On this, the 26t:h day of
Ste .
day of February
3 q::t'~ (Seal)
STEPHEN S. BENION -Borrower
A F. -Borrower
; qeal)
February
, do hereby certify that the correct address of
Hunt Valley, MD 21031
, 1999 ~
~ County ss'
, 1999 , before me, the tmdersigned officer,
200,
personally appeared STEPHEN S. BENION and LUISA F. BENION .~,-~r..,....:
known to me (or satisfactori~';'~x'~...~..~'
to the within instrument and acknowledged that th~.":~
persons whose names are subscribed =
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and
My Commission Expires:
Rickey C. Shoop Notary Public
Harrisburg, Dauphin County Tit
My Commission Expires May 29, 2001
(~}®.6R(PA) 1941 ol.o3 Page s of g Form 3039 9/90
,,~,:,"! 524. ,~r,r .27G
EXHIBIT A
ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland County,
Pennsylvania, known as Lot #1 on the subdivision plan of Samuel J. Boutselis, prepared by D.P.
Raffensperger, and recorded in the Office of the Recorder of Deeds of Cumberland County on
November 26, 1979 in Plan Book 37, page 4, more particularly bounded and described as
follows:
BEGINNING at a point on the western line of St. John's Drive, which point is the northeast
comer of Lot No. 1 of the subdivision of Samuel J. Boutselis, prepared by D.P. Raffensperger,
and recorded in the Office of Cumberland County, Pennsylvania, Recorder of Deeds in Plan
Book 37-4 on November 26, 1979; thence, South 00° 15' E a distance of 175.0 feet to an iron
pin; thence, south 89° 45' W a distance of 125.0 feet (being the dividing line between Lot No.
I and Lot No. 3 on said subdivision plan) to an iron pin; thence, north 00° 15' W a distance
of 175.0 feet (being the dividing line between LOt No. 1 and LOt No. 2 on said subdivision
plan); thence, north 89° 45' E a distance of 125.0 feet to the point and place of BEGINNING.
BEING THE SAME PREMISES WHICH Samuel J. Boutselis and Amalia M. Boutselis a/Ida
Betsy Amalia Boutselis, his wife, by their deed dated January 23, 1999 and recorded in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania on February 11,
1999 in Deed Book 194, page 133, granted and conveyed unto Samuel J. Boutselis, a married
man, the Grantor herein.
EXHIBIT "C'"
Luisa F. Benion
4401 Packard Lane
Camp Hill, PA 17011
ACT 91 NOTICE
October 4, 2002
Via Certified Mail -
Remm Receipt Requested
Regular U.S. Mail
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in
attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able
help to save your home.
This Notice explains how the program works
To see ifHEMAP can help, you must MEET WITH A CONSUMER CRF, DIT COUNSFJ,ING
AGENCY WITHIN 30 DAYS OF THE DATE OF TI41g NOTICE. Take this Notice with yon
when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice. If you have any questions, you may call
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
heating can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it. You
may also want to contact an attorney in your area. The local bar association may be able to help
you find a lawyer.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CLrRRENT LENDER/SERVICER:
Stephen S. Benion and Luisa F. Benion
4401 Packard Lane, Camp Hill, PA 17011
1121145138
Eastern Savings Bank, FSB
Eastern Savings Bank, FSB
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for th/ny (30) days from the date of this Notice.
During that time you must arrange and attend a "face-to-face" meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR
WITHIN THE NEXT (30) DAYS. I]F YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. 'ft-t
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT,"
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting. The names, addresses and
telephone numbers of designated consumer credit counseling agencies for the county in which
the property is located are set forth at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise you lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE. - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have the rightto apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application
to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN
THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by the
Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure proceedings will be pursued against
you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to d~te).
NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on
your property located at: 4401 Packard Lane, Camp Hill, PA 17011 IS
SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:monthly payment of $2,483.60 for the months of
July 2002 through September 2002 for a total monthly payment amount of $7,450.80.
Other Charges:
amount of $45.00.
Late charges in the total amount of $3,293.84 and Bank Fees in the total
TOTAL AMOUNT PAST DUE: $10~789.64
HOW TO CURE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $. 10,789.64 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
.WH. ICH BECOME D.,_UE DURING THE THIRTY (30) DAY PERIOD Pa ents must be
e~ther b cash cashier s check certifie .... . ~a, en, ts must be made
d check or mon~ order made a able ana sent to:
Eastern Savings Bank, FSB
ATTN: Ellen Matanle
11350 McCormick Road, Suite 200
Hunt Valley, Maryland 21031
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, .the lender intends to exercise its riehts to accelerate thc
~ This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclosure upon your mort£aeed
property. ,
,IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
ault within the THIRTY 30 DAY eriod ou will not be re uired to
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you
still have the ri t to cure the default and revent the sale at an time u to one hour before the
Sheriff's Sale. You ma do so b a n the total amount then ast due lus an late or other
char es then due reasonable attorne's fees and costs connected with the foreclosure sale and
an other costs connected with the Sheriff's Sale as s ecified in writin b the lender and b
erformin an other re uirements under the mort a e. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you have never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6)
months from the date of this Notice. A notice of the actual date of the SherifFs Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Eastern Savings Bank, FSB
11350 McCormick Road, Suite 200,
Hunt Vallev~ MD 21031
Phone Number: 1-800-982-7114 Ext. 6059
Fax Number: 410-568-4567
Contact Person: Ellen Matanle
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or XXX may not sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and
that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
· TO I-LiVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN
ANY CALENDAR YEAR).
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Consumer Credit Counseling Service
of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling Services of Franklin
31 West 3~d Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX# (717) 234-9459
Community Action Comm of the
Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
YWCA of Carlisle
301 G. Street
Carlisle, PA 17013
(717) 243-3818
FAX# (717) 731-9589
Adams County Housing Authority
139--143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. ~ 1692(g), you may
dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30)
days after receipt of this notice. If you dispute the validity of this debt or any portion thereof
within this thirty-day period, this firm will provide you with written verification thereof,
otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a
debt. Any and all information obtained will be used for that purpose.
Sinc~
ScoJ2/A~,. Die~e ck, Esqt~ire '~
SA/3/mk ' ---* ....
cc: Ellen Matanle, Eastern Savings Bank, FSB
Stephen S. Benion
4401 Packard Lane
Camp Hill, PA 17011
October 4, 2002
Via Certified Mail -
Return Receipt Requested
Regular U.S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mort a e on our home is in default and the lender
~ntends to foreclose. S erotic ~nformat~on about the nature of the default is rovided in the
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP ma be able to
~home.
This Notice explains how the program work.~
To see ifHEMAP can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou
when ou meet with the Counselin A eno .
The name address and hone number of Consumer Credit Counselin A encies servin
our Count are listed at the end of this Notice. If ou have an uestions ou ma call the
Penns lvania Housin Finance A eno toll free at 1-800-342_2397. Persons with im aired
hearin cancall 717 780-1869.
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it. You
may also want to contact an attorney in your area. The local bar association may be able to help
you find a lawyer.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SiN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN
"H , PRESTAMO POR EL PROGRAMA LLAMADO
OMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DER_ECHO A REDIMIR SU
HIPOTECA.
HOMEOWNER' S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Stephen S. Benion and Luisa F. Benion
4401 Packard Lane, Camp Hill, PA 17011
1121145138
Eastern Savings Bank, FSB
Eastern Savings Bank, FSB
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WH ICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAy
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
· IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
.TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days fi.om the date of this Notice.
During that time you must arrange and attend a face-to-face meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR
M~I~LITI~,~L~~0) DAYS. IF YOU DO NOT AP-PLY FOR EMERGENCY
ORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT"
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirt, y (30) days after the date of this meeting. The names addresses and
tele hone numbers of des~ ated consumer credit counselin a encies for the count in which
the ro crt is located are set forth at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise you lender .immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application
to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN
THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by the
Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure proceedings will be pursued against
you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT~
NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on
your property located at: 4401 Packard Lane, Camp Hill, PA 17011 IS
SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:monthly payment of $2,483.60 for the months of
..July 2002 through September 2002 for a total monthly payment amount of $7,450.80.
Other Charges:
amount of $45.00.
Late charges in the total amount of $3,293.84 and Bank Fees in the total
TOTAL AMOUNT PAST DUE: $10~789.64
HOW TO CURE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $ 10,789.64 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made
either by cash, cashier's check, certified check or money order made payable and sent to:
Eastern Savings Bank, FSB
ATTN: Ellen Matanle
11350 McCormick Road, Suite 200
Hunt Valley, Maryland 21031
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
~ This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged
property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriffto pay off the mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
If you cure the default within the THIRTY (30) DAY period~ you will not be required to
pay attorney's fees. '
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you
still have the fight to cure the default and prevent the sale at any time up to one hour before tht:
Sheriff's Sale. You may do so by paving the total amount then past due, plus any late or othe,
charges then due, reasonable attorney's fees and costs connected with the foreclosure sale
any other costs connected with the Sheriff's Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you have never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6)
months from the date of this Notice. A notice of the actual date of the Sheriff's 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 or action will
be by contacting the lender.
HOW TO CONTACT THE I,ENDER-
Name of Lender: Eastern Sav~FSB
Address:
11350 McCormick Road Suite 200
Hunt Valle. y~..~D 21031
Phone Number: 1-800-982-7114 Ext. 6059
Fax Number:
Contact Person:
410-568-4567
Ellen Matanle
EFFECT OF SHERIFF'S SAI,F, - You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or XXX may not sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and
that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY A_NY THIRD PARTY ACTING ON YOUR
BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN
ANY CALENDAR YEAR).
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Consumer Credit Counseling Service
of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX# (717) 234-9459
Community Action Corem of the
Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
YWCA of Carlisle
301 G. Street
Carlisle, PA 17013
(717) 243-3818
FAX# (717) 731-9589
Adams County Housing Authority
139--143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. 91692(g), you may
dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30)
days after receipt of this notice. If you dispute the validity of this debt or any portion thereof
within this thirty-day period, this firm will provide you with written verification thereof,
otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a
debt. Any and all information obtained will be used for that purpose.
Sincer ly,
SAD/rose ' '
Ellen Matanle, Eastern Savings Bank, FSB
VERIFICATION
G.C. Kulikowski hereby states that she is the Assistant
Vice President of Eastern Savinqs Bank, fsb
mortgage servicing agent for plaintiff in this matter, that she is authorized to take
this Verification, and that the statements made in the foregoing Civil Action in
Mortgage Foreclosure are true and correct to the best of her knowledge,
information and belief. The undersigned understands that this statement is made
subject to the penalties of 18 Pa. C. $. Sec. 4904 relating to unsworn falsification
to authorities.
Assistant Vice President
Date: February 10, 2003
SHERIFF'S RETURN
~CASE NO: 2003-00998 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EASTERN SAVINGS BANK FSB
VS
BENION STEPHEN S ET AL
REGULAR
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
BENION STEPHEN S the
DEFENDANT
, at 2048:00 HOURS, on the 7th day of March , 2003
at 4401 PACKARD LANE
CAMP HILL, PA 17011
by handing to
LOUISA F BENION, WIFE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18 00
9 66
00
10 00
00
37 66
Sworn and Subscribed to before
me this [~ day of
So Answers:
R. Thomas K-line
03/10/2003
JAMES SMITH DURKIN CONNELLY
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00998 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EASTERN SAVINGS BANK FSB
VS
BENION STEPHEN S ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
BENION LUISA F the
DEFENDANT ,
at 2048:00 HOURS, on the 7th day of March , 2003
at 4401 PACKARD LANE
CAMP HILL, PA 17011
by handing to
LOUISA F BENION
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6 00
00
00
10 00
00
16 00
Sworn and Subscribed to before
me this /~ day of
'~/%~ , ~(~ ~ A.D.
~ Pr°th~°n~tary /~
So Answers:
R. Thomas Kline
03/10/2003
JAMES SMITH DURKIV CONNELLY
By: ~.~~ ~
Deputy She~
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00998 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EASTERN SAVINGS BANK FSB
VS
BENION STEPHEN S ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
CAMERO DABIS the
DEFENDANT , at 2048:00 HOURS, on the 7th day of March
at 4401 PACKARD LANE
CAMP HILL, PA 17011
LOUISA F BENION
a true and attested copy of COMPLAINT - MORT FORE
, 2003
by handing to
ADULT IN CHARGE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 1%~'~ day of
~/~,~b~,~ i ~/[~) 0 ~ A.D.
~ Prot~o~tary ~
So Answers:
R. Thomas Kline
03/10/2003
JAMES SMITH DURKIN CONNELLY
Deputy Sheriff
EASTERN SAVINGS BANK, FSB,
Plaintiff
Vo
STEPHEN S. BENION, LUISA F.
BENION, and DABIS CAMERO,
Defendants
· IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CASE NO. 03-998 CIVIL TERM
..NOTICE OF STAY
TO THE PROTHONOTARY OF THE COURT OF COMMON PLEAS:
All proceedings concerning the above-referenced action should be stayed
pursuant to the filing of a Petition under Chapter 13 of the United States Bankruptcy
Code in the Middle District of Pennsylvania to Case No. 1-03-00734, by Stephen S.
Benion and Luisa F. Benion, two of the Defendants in the within action. A copy of such
Petition is attached. This Notice is entered for the limited purpose of providing notice of
the pending Chapter 13 Bankruptcy case and is not intended to be an entry of appearance
by the undersigned.
Date: April ~ , 2003
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
By:
John M. Hyams. Esquire
Pennsylvania Attorney Id. No. 87327
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
(Official Form 1) (9/01) West Group, Roctmstar, NY
FORM B1 United States Bankruptcy Court
J4IDDLE District of PENNSYLVANZA
Name of Debtor (if individual, enter Last, Flint, Middle): Name of Joint Debtor (sp~e)(Last, Flint. Middle):
BENION, STEPHEN S
All Other Names u?_d by the Debtor in the last 6 years
(include married, maiden, and trade names):
aka STEVE BENZON
Soc. Sec./Tax I.D. No. (if more than one, state all):
199-66-2233
Street Address of Debtor (No. S Street, C~y, .~ & ap Code):
4401 PACKARD LANE
CAMP HILL PA 17011
County of Residence or of the
Principal Place of Business:
Mailing Address of Debtor (if ~=i=nt from stn~ ~.~,~.,):
Location of Principal Assets of Business Debtor
(If different from street address above): NOT APPLICABLE
~__ION. LUISA F
All Other Names used by the Joint Debtor in the last 6 years
(include married, maiden, and trade names):
aka LUZSA F LOPEZ DE BENZON
Soc. Sec./Tax I.D. No. (if more than one, state all):
199-76-7826
StreetAddressofJointDebtor (No.&Street.C~,S~to&~pC~e):
4401 PACKARD I. JilTE
CAId~HILL PA 17011
County of Residence or of the
Principal Place of Business:
Mailing Address of Joint Debtor (ifd~fe~ent from street address):
Venue (Check any applicable box)
[] Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately
preceding the date of this petition or for a longer part of such 180 days than in any other District.
[] There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District.
Type of Debtor (Check all boxes that apply)
[] Individual(s) [] Railroad
[] Corporation [] Stockbroker
[] Partnership [] Commodity Broker
[] Other
Nature of Debts (Check one box)
[] Consumer/Non-Business [] Business
[]
[]
Chapter 11 Small Business (Check all boxes that apply)
Debtor is a small business as defined in 11 U.S.C. § 101
Debtor is and elects to be considered a small business under
11 U.S.C. § 1121(e) (Optional)
Chapter or Section of Bankruptcy Code Under Which
the Petition is Filed (Check one box)
[] Chapter 7 [] Chapter 11 [] Chapter 13
[] Chapter 9 [] Chapter 12
[] Sec. 304 o Case ancillary to foreign proceeding
Filing Fee (Check one box)
[] Full Filing Fee attached
[] Filing Fee to be paid in installments (Applicable to individuals only)
Must attach signed application for the court's consideration
certifying that the debtor is unable to pay fee except in installments.
Rule 1006(b). See Official Form No. 3. -
1-15 16-49 50-99 100-199 200-999 1000-over
[] [] [] [] [] []
Estimated Assets
$0 to $50,001 to $100,001 to $500,001 to $1.000.001 to
$50,000 $100.000 $500,000 $1 million $10 million
[] [] [] [] []
$10,000,001 to $50,000,001 to Morethan
$50 million $100 million $100 million
[] [] []
Estimated Debts
$0 to $50.001 to $100,001 to $500,001 to
$50,000 $100,000 $500,000 $1 million
[] [] [] []
$1,000,001 to $10,000,001 to $50,000,001 to More than
$10 million $50 million $100 million $100 million
[] [] [] []
Estimated Number of Creditors
S~a[;s[icallAdmin;~[,ative Information (Estimates only)
[] Debtor estimates that funds will be available for distribution to unsecured creditors.
[] Debtor estimates that, after any exempt property is excluded and administrative expenses
paid, there will be no funds available for distribution to unsecured creditors.
(Offal From 1) (9/01) West Group, Rocheeter, NY
Voluntary Petition Name of Debtor(s): FORM B1, Page 2
(This page must be completed and filed in eve_ry case) $i~a,Jl~N S BE~ZON earl
Z,I~Z~ F ~2fZON
Location Where Filed: Case Number:
NO,N~
' Name of Debtor.
Case Number.
District: Relationship: Jbdge:
Signature(s) of Debtor(e) (Individual/Joint) Exhibtt A
declare under penalty of perjury that the information provided in this (To be completed if debtor is required to file periodic reports
~etiflon is true and correct. (e.g., forms 10K and 10Q) with ~he Securities and Exchange
[If petitioner is an individual whose debts are primarily consumer debts Commission pursuant to Sectiott 13 or 15(d) of the Securities
and has chosen to file under chapter 7] I am aware that I may proceed Exchange Act of 1934 and is requesting relief under Chapter 11)
under chapter 7, 11, 12, or 13 of title 11, United States Code, understand [] Exhibit ^ is attached and made a part of this petition
the relief available under each such chapter, and choose to proceed
under chapter 7. ' * Exhibii B
I request relief in accordance with the chapter of title 11, United States (To be completed if debtor s an individual
Code, specified in this 'Defl~
whose debts are primarily consumer debts)
X I, the attomey for the petitioner named in the foregoing petition, declare
'S~a~re of Oeba~ ~ -- --~fP } /1,~- that I have informed the petitioner that ihe or she] may proceed under
X {// ~ ~'~C~ ,,~ chapter 7, 11, 12~or 13 of title 11, United States Co~e, atld have
"S~na;.ure of Joint Debf~.~/ - explained ~f availabl~'~'~e~h Ghal~/er./
TG~pl-,~,,e Nun~le,- (If/lot represented by atiomey) Signature of~A~omey for Debtor(s) Dat~
Date Exhibit C
Does the debtor own or have possession of any property that poses
Signature of. Attomey/ .... or is alleged to pose a threat of imminent and identifiable harm to
~ public health and safety?
X [] Yes, and exhibit C is attached and made a part of this petition.
S;~,,--~re of A~er~ for Debtor(s) [] NO
JOEN ~. B3~A~S 87327 Signature of Non-Attomey Petition Preparer
P,i,,;.ed Name of AY'~iT, ey for Debtor(s) certify that I am a bankruptcy petition preparer as defined in 11 U.S.C.
C'UZ~ZWGTM~ & CE~2a~ZCOE~' ~C § 110, that I prepared this document for compensation, and that I have
Firm Name provided the debtor with a copy of this document.
2320 NORTH SECOND STREET
Pili~t, ed Name of Bankruptcy Petition Preparer '
~0 BOX 60457
HArrISBURG PA 17106-0457 _ / /
~c, ial Security N umber
Telephone Number Date
Signature of Debtor (Corporation/Partnership)
I declare under penalty of perjury that the information provided in this Names and Social Security numbers of all other individuals who
=etition is true and correct, and that I have been authorized to file this prepared or assisted in preparing this document:
~etition on behalf of the debtor.
The debtor requests relief in accordance with the chapter of title 11,
United States Code, specified in this petition.
If more than one person prepared thins document, attach additional
X sheets conforming to the appropriate official form for each person.
Signature of Authorized Individual
X..
Pdnted Name of Authorized Individual Signature of Bankruptcy Petition Preparer
Title of Authorized Individual Date
A bankruptcy petition preparer's failure tO comply with the provisions
Data of title 11 and the Federal Rules of Bankruptcy Procedure may result
~nfines or imprisonment or both 11 U.S.C. § 110; 18 U.S.C. § 156.
CERTIFICATE OF SERVICE
I, Holly P. Siekerman, Paralegal, hereby certify that on April ~> , 2003, a true
and correct copy of the foregoing NOTICE OF STAY was served by first-class mail,
postage prepaid on the following:
Scott A. Dietterick, Esquire
JAMES, SMITH, DIETTERICK
& CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
CUNNINGHAM & CHERNiCOFF, P.C.
Holly P?Siekerman, paralegal
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
STEPHEN S. BENION,
LUISA F. BENION and DABIS CAMERO,
Defendants.
CIVIL DIVISION
NO.: 03-998 Civil Term
PRAECIPE TO DISCONTINUE ACTION
TO THE PROTHONOTARY:
Please discontinue the above captioned action without prejudice.
BY:
Submitted by:
JAMES
SEott A
SMITH, DIETTERICK &
' Dietterick, Esquire
PA I.D. #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
STEPHEN S. BENION,
LUISA F. BENION and DABIS CAMERO,
Defendants.
CIVIL DIVISION
NO.: 03-998 Civil Term
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a tree and correct copy of the foregoing
Praecipe to Discontinue Action was served on the following this ll~h day of April, 2003,
via First Class U. S. Mail, Postage Pre-paid:
Stephen S. Benion
Luisa F. Benion
Dabis Camero
4401 Packard Lane
Camp Hill, PA 17011
John M. Hyams, Esquire
2320 N. Second Street
P.O. Box 60457
Harrisburg, PA 17110
JAMES, SMITtr.H, DIETTERICK
CONNELLY~~
sBcYo;t A.~i*'~~~
PA I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280