The URL can be used to link to this page

Home My WebLink About03-2704IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB Plaintiff, CIVIL DIVISION NO.: VS. STEPHEN S. BENION, LUISA F. BENION and DABIS CAMERO, TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. TO: DEFENDANT(~) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PL^INTiFF IS: 11350 McCormick Road, Suite 200 Hunt Valley, MD 21031 AND THE DI~NDANT(S):~ ~ 4401 Pa~ 17011 ATTO~ FOI~PI~AINT[FP CERTIFICAT LOCATION I HEREBY IFY TH THE LOCATION OF THE REAL A E ED BY THIS LIEN IS 4401 p~PA. 17011 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. NOTICE TO DEFEND CIVIL DIVISION NO.: 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. I1: 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.: 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 6/5/03 $ 26,208.20 Late Charges $ 4,287.28 Bank Fees $ 72.00 Attomeys' Fees and Costs $ 1,755.50 (Prior Foreclosure) Attorneys' Fees and Costs $ 1,350.00 (Bankruptcy) Attorney's Fees (Current Foreclosure) $ 1,350.00 Court, Sheriff and Title Costs $ 2,500.00 TOTAL $298,117.98 plus interest on the principal sum ($260,595.00) from June 5, 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 $298,117.98, with interest thereon at the rate of $79.55 per diem from June 6, 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. JAMES SM] BY: .~ie Scott A :rick, Esquire & CONNELLY LLP 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" NOTE 02/26/99 ~J~RRISBURG Pennsylvania 1. BOP. ROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pa5, U.S. $ 2ill t OD0. O0 (this amount is called "principal"), plus interest, to the order of the Lender. T~e Lender is Eastern Savings Bank, fab, Executive Plaza Il, 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 ~nd 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 hms been paid. 1 will pay interest at a yearly 3. PAYMENTS iA) Time and Place of Payments 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 interest prevailing under this Note. L~ndcr, at its option, may declare any remaining Indebtedness lmmedm e g due and payable Hunt Valley, MD 21031 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments percent (20%) of the original principal amount of the loan. The charge imposed shall be an amount equal to the payment of six (6) $. 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 cP'trges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan cha~l. ~ shall h, reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) m~y sums already collected from which exceeded permitted limits will be refunded to me. The Note Holder may choose to mak~ this refund by redualng the 6. RORROVVER'S FA~,URE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments (B) Default (C) Notice of Default (D) No Waiver By Note Holder procer.qlngs filed on behalf of or against me. (F) NSF Charges 7. GD'ING O{ rICES Any notice that must be given to mt under this Note will be given by a~..~,ering it or by mailing it by first class mail ~o me of my different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more th;m one person signs this Note, each person is fully and personally obligated to keep all of the promises made in 9. WAIVERS in it is sold or transferred (or ifa beneficial interest in Borrower is sold or transferred and Borrower is not a natural 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 Instrament. If Lender exemises this option, Lender shall give Borrower notice of aceaieration. 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. I1. APPLICABLE LAW STEPHEN S. BENION fSea[) -Borrower (Seal) Seal ]Sign Original Only] EXHIBIT "B" Uniform Parcel Identification RO~EZTP. ZIS~LER REOORDER ~? DEE~S '99R~B 3 ?~ 2 O? MORTGAGE THIS MORTGAGE ("Security lnstmmenC) is given on tMs Z6th day of February, ~999 STEPHEN S. BENION and LUIS~ P. BENION ("Borrower"). T~is Security Instrument is given to Eastern Savings Bank, fsb SEE EXHIBIT "A" ATTACRED HERETO AND MADE A PART HEREOP. TOGETHER ~V1TH all the improvemeals now or hereafter erected on the property, ~nd all e~sements, appurten~ees, and and will defend generally the tide to the Prope~y against all clai~ ~d de~ds, subj~t to ~y encumbrances of r~ord. variations by jurisdiction to constitute a unifo~ s~urity instrument ~vering r~l property. UNIFORM COVENANTS. Borrower ~d ~nder coven~t ~d agree as follows: 1. Payment of ~indp~ and lnte~t; ~epayment and Late C~m. Borrower shMl promptly pay when due the principal of ~d intent on the debt evidenc~ by the Note ~d any p~payment ~d late charg~ due under the Note. ~nder on the day monthly paymen~ ~e due under the Note, un~il the Note is p~d ~ ~11, a sum ("Funds") for: (a) y~rly taxes the provisions of paragraph 8, in lieu of the payment of mo~gage insu~ee p~ums. ~ese items are called "Escrow Items.'~ fincluding ~nder, if ~nder is such m institution) or in ~y Federal Home ~ B~. ~der shall apply the Funds to pay the used by ~nder in co~eefion with this Io~, unless applicable law provides othe~ise. Unless ~ ag~ment is mdc or time is not sufficient to pay the ~erow Items wh~ due, ~nder my so noti~ Bo~ower in writing, ~d. in such case Bo~ower shall pay m ~nder the amount n~e~sa~ to ~e up the deficiency. Borrower shall ~e up the deficiency in no mo~e than Upon payment in ~11 of all sums seeu~ by this Security Instrument, ~nder shall promptly rehnd to Bo~ower any ~unds held by ~nder. If, under paragraph 2l, ~nder shflt acquire or sell the Prope~y, Lender, prior to the acquisition 0r role of the Property. shall apply ~y Funds held by ~nder at ~e time of acquisition or sfle as a cr~it against the sums s~ur~ by 3. Appli~tlon of PaymenB. Unless applicable law provides othe~ise, all paymenm receiv~ by ~nder under paragraphs 5. Hazard or Property Insurance. Borrower shall ke~p the improvements now ¢insting or hereafter erected on the Property insured against loss by fire, hazards incinded within the term 'extended coverage' and any other hazards, inchid/ng floods or flooding, for winch Lender rcqinres insurance. This insurance shall b~ maintained in the amounts and for the periods that Lender requires. T~e insurance car~er providing the insurance shall be chosen by Borrower subject to Lender's approval which shall nol be unreasonably withheld. If Borrower fails to maintain coverage daseribed above, Lender may, at Leader's option, obtain coverage In protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies a~d renewals shall be acceptable to Lender and shall include a standard mortgage clause. L~eder shall have the right to hold the policlcs and r~newals. If Lender requires, Borrower shall promptly give to Lender all r~eeipts of paid premiums and renewal notices. In the event of loss, Bon'ower shall give prompt notice to the insurance ca~cr and L~ndar. L~ndar 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 rcpinr is economically feasible and L~ndar's security is not lessened. If the restoration or r~palr is nol economically fcasthl¢ or L~ndar's s~:urity would be les.aChed, 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 Lcndar 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 pcried will begin when thc notice is given. Unless Lender and Borrower otherwls¢ agree in writing, any application of proc~ds to principal shall not extsnd or postpone the duc date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments, if und<r paragraph 21 thc Property is acquired by L~der, Borrower's right to any insurance policies and proceeds rcsaltln~ ~rom dam.tge to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security lnst~,.~ent iinmediataly 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 dz. ys after the execution of this Security I~trument and shall continue to occupy the Property as Bo~ow~r's principal r~sidence for at least one year after the date of occupancy, u~less Lender otherwise apres in writing, which consent shall not be unreasonably withheld. or unless extenuating ¢ireurctstances exist which are beyond Borrower's control Borrower shall not destroy, damage or impair the property, allow the property to detcrloram, 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 Lendar's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to bc dismissed with a ruling that, in Lender's good faith determination, prcaludas forfeiture of the Borrower's interest in the Property or other matcrlal impairment of the Ilea created by this Security lnstrumen; or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate infor~aatinn or statements to Lender (or faded in provide Lender with any material information) in connection with the ]nan evidenced by thc Note, including, but not limited to, representations conccmthg Borrower's occupancy of the Property as a principal residence. If this Security lnstrumcnl 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 ~d agreements contained in this Security Instrument, or there is a legal proceeding that ma) siginflcantly affect L~ndeFs rights in the Properly Isnch as a proceeding in bankruptcy, probate, for condamnation or forfeiture or ;o enforce laws or reginations), then Lender may do and pay for whatcwr is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may inchlde paying any sums secured by a lien which has priority over this Security Instrument, appcarthg in court, prying reas,,:~able attorneys' fees a~d entering on thc property Io make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amour~ts disbursed by Lender under this paragraph 7 shall become additional dehi of Borrower scoured by this S~urity Instrument. Unless Borrower o. nd Lender agree to other terms of payment, these amounts shah bear interest from thc date of disbursement at the Note rate and shall be payable, with interest, upon notice from L~ndar to Borrower requesting paymenl. 8. Mortgage lP. surance. If Lender r~qinred mortgage insurance as a condition of making the loan secu~d hy this Security Instrument, Borrower shall pay the pre~Jums required to malntaln the mortgage insurance in effect. It'. for any reason, thc mortgage insurance coverage required by L~ndar lapses or ceases to bc in effect, Borrower shall pay the premiums required to obtain coverage substantlalJy equlvalcnl to the mortgage insure, nee prcvlously in effect, at a cost substantially equlva]¢nl to the cost to Borrower of the mortgage insurance previously in effect, from a~ alternate mortgage insurer approved by Lender. If substamially equlvalcnt mortgage insurance coverage is not available. Borrower shah pay to L~nder each i'nonth a sum equal to one-twelfth of thc yearly mortgage insurance premium being paid by Borrowcr when the insurance coverage lapsed or ceased to be in effecl. L~nder will accept, usc and retain these payments as a loss reserve in lieu of mot[gage insurance. Loss reserve thai Lender requires) provided by an insurer approved by Lender again becomes available &nd is obtained. Borrower shall pay 9. Inspection. Lender or its agent may make reasonable entries upon ~nd inspections of the Property. Lender shall give 10. Condemnation. The proc~:is of any ~ward or claim for d~mages, direct or consequential, in connection with any condemnation or other teJdng of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned 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 amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately of the sums secured by ~his Security Instrument by reason of any demand made by the original Borrower or Borrower's 12. Successors and Assigm Bound; Joint and Several Liability; Co-signers. T~e eovenams ~nd agreements o this Security Instrument shall bind ~d benefit the successors and assigns of Lender and Boreower, subject to the provisions of 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan chztgns, to the pernfitted limit; m~d (b) ~my 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 15. Governing Law; Severability. This Security Instrumenl shall be governed by federal law and the law of the 17. Transfer of the Property or a Beneficin[ Interest in Borrower. If all or any part of the Property or any inter,st in it is sold or transfen'ed (or ifa beneficial interest in Borrower is sold or transferred md Borrower is not a natural person) without Lender's prior wi5 en consent, Lender may a s opt on 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 acce[eration. ]'he notice shall provide a period of not less than 30 days from thc date the notice is delivered or mai{ed within which Borrower must pay al{ autos se. cured by this Security instrument. If Borrower fails to pa), th~se sums prior to the expiration of this period, L~nder ma), invoke any remedies permitted by this Se~:uisty instrument without f~rther notlee or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower me. ts certain conditions, Borrower shall have the right to have enforcement of this Security Instrament discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for r~instatement) befor~ sale of the Property pursuant to any power of sale contained in this Security Instrument; or CO) entry of a jodgment enforcing this Security lnstrament. Those conditions are that Bon'ower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; Co) cur~s an), default of any other covenants or agreements; (e) pays all expenses incurred in enforcing this Seeurlty Instrument, including, but not limited to, ,'~asonable attorneys' fees; and (d) takes such action as L~nder may reasonably require to assure that the lien of this Security 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 no app[y in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial inter.st in the Note (together with this Security ins r i:nent) may be sold one or more times without prior notice to Borrower. A sale ma), result in a change in the entity (known as l!;e "Loan Servicer') that collects monthly payments due under the Note and this Seearit · Instrument. There also may ?, one or Ii.t're changes of the Loan Servicer unre a ed to a sale of the Note. if there ~s a change et the Loan Servicer, Borrower x..,1 be given written notice of the change in accordance with paragraph 14 above and applicable la'v. The notice will state the name and address of the new Loan Serviner and the address to which payments should be made. ']'r~e notice wil[ also contain any other information required by applicable law. 20. Hazardous Substances. Borroxver shall not cause or permit the presence, use, disposal, storage, or r~lease of any Hazardous Substances on or in the Property. Borrower shall not do, nor alinw anyone else to do, ~tnything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not app{y to he presence, use. or storage on the propecty of small quantities of Hazardous Substances that are general[y recognized to be appropriate in normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, denmnd, 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 k~owledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remedintinn of any Hazardous Substance affrx:ting the Property is necessary, Borrower sha{I promptly take all necessary remedial actions in accordance with Enviromenta] Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substance: gasoline, kerosene, other flammable or toxic petroleum products, toxic NON-UNIFORM COVENANTS. Borrower and Lender f~,irther cownant and agree as follows: 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 fore Insure proceeding the non-exlstenee of a default or any other defense of Borrowe, ~o aceeleratlon and forec{osul, If the ,iefault is not cured as specified, Lender, at its option, may require immediate pav,.~ent in full of all sums secured by this Security lnstrmnent without further demand and may foreclose this Security tr~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 applieab[e law. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded Iogether w~t', Iht5 S~m4ity instrument, the coven~mts and agreements of each such rider shall be incorporate~ into and shall amend m2d suppk ment the covenants and agreements of this Seeurlty Instrument as if the rider(s) were a par~ of thi-~ £eeufity Instrument. [Check applicable box(es)] [] Adjuslable Rale Rider [] Condominium Rider [] 1-4 Family Rider [] Graduated Payment Rider [] Planned Unit l~:velopment Rider [] Biweekly Payment Rider [] Bal}oon Rider [] Rate Improvement Rider [] Second Home Rider [] VA Rider [] Other(s) [specify] BY SIGNING BELOW, Borrower accepts ~nd agrees to the terms a-nd covenants contained in this Security Instrmnent and in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) COMMONWEALTH OF PENNSYLVANIA, Febzuary , 1999 On this, the 261:h day of pcrsonafiy appeared STEPHEN S. BENION and LUIEA F. BENION IN WITNESS WHEREOF, I hereunto set my hand and official seal. · before me, the undersigned officer, Harrisburg Dauphin Counly My Com, m ss~on Expires May 29, 2001 EXHIBIT A ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland County, Pennsylvania, known as Lot gl 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 coreer 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 te an iron pin; thence, south 89° 45' W a distance of 125.0 feet (being the dividing line between Lot No. 1 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. I 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 TIlE SAME PREMISES WtIICH 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. Bout~elis, a married man, the Grantor herein. EXHIBIT "C~''~ Luisa F. 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 FORECLOSU This is an official notice that the mort a e on our home is in default and the lender intends to foreclose. S ecific information about the nature of the default is rovided in the The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP ma be able hel to save oar home. to ..This Notice explains how the program work.s 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 Cotmselin A eric . The name address and hone number of Consumer Credit Counselin A encies servino our Count are listed at the end of this Notice. If ou have an uestions ou ma call the Penns lvania Housin Finance A enc toll free at 1-800-342_2397. ersons with im aired hearin 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 ADJ-tJNTO 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 1NMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NLrMERO MENCIONADO ARRIBA. PUEDES SER ELEG~BLE PARA UN PRESTAMO POR EL PROGRAM& LLAMADO OMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDDA DEL DERECHO A REDIM]1~ SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: OPdGINAL LENDER: Stephen S. Ben/on and Ln/sa F. Benion 4401 Packard Lane, Camp Hill, PA 17011 1121145138 Eastern Savings Bank, FSB CURRENT LENDER/SERVICER: Eastern Savings Bank, FSB HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE Vv~IICH CAN SAVE yOUR HOME FROM FORECLOSURE AND ltELP 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 fzom 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. ~ YOU DO NOT AP-PLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE LrP 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 AGENCIER - 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 tele hone numbers ofdesizrnated consumer credit counselin a~encies for the county 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 ~ 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 omeowner s Emergency Mortgage H ' 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 CIYRRENTLY PROTECTED BY TIlE FILING OF A PETITION IN BANKRUPTCY, TIlE 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 date). 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 throueh September 2002 for a total monthly payment amount of $7.450.80. Other Charges: amount of $45.00. Late charees 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 DLrRING THE THIRTy (30) DAY PERIOD. Pa ents must be made e~ther by cash. cashier's check, certified check or mone, order made a able and sent to: Eastern Savings Bank, FSB ATTN: Ellen Matanle 11350 McCormick Road, Suite 200 Hunt Valley, Mary/and 21031 I~F YOU DO NOT CURE THE DEFAULT ~ If you do not cure the default with/n THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate th~. ~ 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 mount 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 TIlE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriffto pay offthe 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 requked 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 amou~.t y. ou owe the lender, which may also include other reasonable costs. ault w~thm the THIRTY 30 DAY eriod you wiII not be re uired to _O..T .HER LENDER REMEDIES - The lender may also sue you personally for the unpaid pnnclpal balance and all other sums due under the mortgage. .RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAI,v: - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ~ still have the rioht 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 mount then ast due. his 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 if you have never defaulted, as EARLIEST POSSIBLE SHERIFF'S SALE DATI'~; - 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 o£the actual date of the Sheriff's Sale wilI 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: Eastern Savings Bank, FSB Address: 11350 McCormick Road, Suite 200, Hunt Vallev, MD 21031 P~hone Number: 1~800-982-7114 Ext. 6059 Fax Number: 410-568-4567 Contact Person: Ellen Matanle EFFECT OF SIrlZ. RIFF'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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any t/me. .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 a ' ttorney 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 I-I_AVE THIS DEFAULT CLrRED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SA_ME POSITION AS 1Y NO DEFAULT HAD OCCUILRED, 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 DOCUMENTS. OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE · 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 Permsylvan/a, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3r° 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 Commun/ty 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. M692(g), you may dispute the validity oft?tis debt, or any portion thereofi if you do so in writing within th/rty (30) days after receipt of this notice. If you dispute the validity of th/s 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. sS~s~ 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 ec~fic ~nformation about the nature of the default is rovided in the The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP ma be able to T_Ns Notice explains how thep_ro~am works 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 you meet with the Counsel/n A eno . The name address and hone number of Consumer Credit Counselin Aoencies 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,,ene toll flee at 1-800-342_2397. Persons with im aired hearino 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 Al)JUNTO ES DE SUM~ 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: CURRENT LENDER/SERVICER: Stephen S. Ben/on and Luisa F. Ben/on 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 PAYMENI:; 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 YOUR CONTROL CAUSED BY CIRCUMSTANCES BEYOND IF YOU ItAVE 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. t TEMPORARY STAY OF FORECLOSUR v; _ Under the Act, you are entitled to a emporary 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 WIT}lIN THE NEXT 30 DAYS. /lv YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO B1LING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES! _ If you meet with one of the consumer credit counseling agencies listed at the end ofth/s notice, the lender may NOT take action against you for thirty (30) days after the date of th/s meeting. The names, addresses and tele hone numbers ofdesimnated consumer credit counseline aoencies for the county in which ~t forth at the end of this Notice. It is only necessary to schedule ~ of y~ur intentions, one ~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 th/s problem with the lender, you have the right to apply for financial ass/stance 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 appheation. NOTE: IF YOU ARE CURRENTLY PROTECTED BY TIlE 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. ._.Q~_you have filed bankru~ for Emcee Assistance_L__ HOW TO CURE YOUR MORTGAGE DEFAULT Brin it u to date. ~ATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on your property located at: 4401 Packard Lane, Camp Hill, PA 17011 SERIOUSLY IN DEFA~-~becanse: -- IS YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:mont~ent of $2 4 . ~~h September 9(m'~ c ......... . 83 60 for the months of mber _vw ~o~ ,~ [o ~.vv x..Jl. LIIG lllOYl[ns oX tad monun a ent amount of $7 450.80. Other Charges:_ Late c~har~es in the total amount of $3.293.84 a~d Bank Fees in the total ~arnount of $4~55.00~ --_ TOTAL AMOUNT PAST DUE:_ $10,789.64 ItOW TO CURE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING TltE T~TAL 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. ~ be made either by cash. cashier's check, certified check or money order rn~cte pavabte and sent to: Eastern Savings Bank, FSB ATTN: Ellen Matanle 11350 McCormick Road, Suite 200 Hunt Valley, Maryland 21031 IF YOU DO NOT CURE TIlE 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. ~F TIlE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender beans legal proceedings against you, you will still be required to pay the reasonable a ' ttorney 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, wkich may also include other reasonable costs. ~re the default within the THIRTY 30 DAY eriod yon will not be r~ OTHER LENDER REMEDI~,,,q - The lender may also sue you personally for the unpaid principal balance and all other sams due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAL~; - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you ~ cure the default and revent the sale at an time u to one hour before the SherifFs Sale. You ma do so b a 'n the total amount then asr due las an late or other char es then due, reasonable attorne's fees and costs connected with the foreclosure sale and ~s connected with the Sheriffs Sale as s coiffed in wfitin b the lender and b '~Curing your default in the manner set defaulted. Y ort, a~,e to the same position as if you have never 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 LENDER: Name of Lender: Eastern Savings Bank~ FSB Address: 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 SAI ,E - 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 fimfishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ may or X. XX 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 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 R/GET TO CURE YOUR DEFAULT MORE THAN TH2O, EE TIMES IN ANY CALENDAR YEAR). · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSUtLE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTt-IER 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 3I 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 Corm'n 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. M 692(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 ofth/s notice. If you dispute the validity of this debt or any portion thereof within ti'tis thitty-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. Since nse Ellen Matanle, Eastern Savings Bank, FSB VERIFICATION I, Scott A. Dietterick, Attorney for Eastern Savings Bank, FSB, depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief. Scott ~ Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, NO.: VS. STEPHEN S. BENION, LUISA F. BENION and DABIS CAMERO, Defend~?.s, ACCEPTANCE OF SERVICE CIVIL DIVISION 03-2704 Civil term I, John M. Hyams, Esquire, accept service of the Civil Action - Complaint in Mortgage Foreclosure, on behalf of Stephen S. Benion, Luisa F. Benion and Dabis Camero. Date: John M. Hyams, Esquire 2320 N. Second Street P.O. Box 60457 Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION No.: 03-2704 CIVIL Plaintiff, ISSUE NUMBER: TYPE OF PLEADING: VS. PRAECIPE FOR DEFAULT JUDGMENT STEPHEN S. BENION and (Mortgage Foreclosure) LUISA F. BENION and DABIS CAMERO, Defendants. I Hereby certify that the last known address of Defendant(s) is/are: 4401 Pael~rd Lane, Camp Hill, PA 17011 and e/o J~n M. Hyams, Esq. Scott .A?/I~ette,rick, Esquire FILED ON BEHALF OF: Eastern Savings Bank, FSB Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVING~ BANK, FSB, : CWIL DIWISION Plaintiff, NO.: 03-2704 Civil Term VS. STEPHEN S. BENION, LUISA F. BENION and DABIS CAMERO, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgxnent in the above-captioned case in favor of Plaintiffand against Defendants, Stephen S. Benion, Luisa F. Benion and Dabis Camero, in the amount of $302,636.57 which is itemized as follows: Principal $260,595.00 Interest through 7/18/03 $ 29,628.85 Late Charges $ 5,385.22 Bank Fees $ 72.00 Attorneys' Fees and Costs $ 1,755.50 (Prior Foreclosure) Attorneys' Fees and Costs $ 1,350.00 (Bankruptcy) Attorney's Fees (Current Foreclosure) Court, Sheriff and Title Costs TOTAL $ 1,350.00 $ ~ plus interest on the principal sum ($260,595.00) fi.om July 18, 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. JAMES, SM'~T .]~CK 8: CONNELLY LLP Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evi~nced by the attached copies. Scot~tA.~Di~en'ck, Esquire Sworn to and subscribed before me this/~ day of Notary Public My Commission Expires: ,2003. 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.: 03-2704 Civil Term NOTICE OF ORDER, DECREE OR JUDGMENT TO: Stephen S. Benion ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $302,636.57 plus interest on the principal sum ($260,595.00) from July 18, 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. Deputy 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.: 03-2704 Civil.Term NOTICE OF ORDER, DECREE OR JUDGMENT TO: Luisa F. Benion ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on, L/,t at, ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $302,636.57 plus interest on the principal sum ($260,595.00) from July 18, 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. Deputy 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,: 03-2704 Civil Term NOTICE OF ORDER, DECREE OR JUDGMENT TO: Dabis Camero ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on,.. Jtx.~')/ ,~l, ~ ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $302,636.57 plus interest on the principal sum ($260,595.00) from July 18, 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. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA EASTERN SAVENGS BANK, FSB, Plaintiff, VS. STEPHEN S. BEN-ION, LUISA F. BENION and DABIS CAMERO, Defendants. ACCEPTANCE OF SERVICE CIVIL DIVISION NO.: 03-2704 Civil term I, John M. Hyams, Esquire, accept service of the Civil Action - ComplainlT~n Mortgage Foreclosure, on behalf of Stephen S. Benion, Luisa F. Benion and Dabis Camero. Date: John M. Hyams, Esquire 2320 N. Second Street P.O. Box 60457 Hamsburg, PA 17110 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.: 03-2704 Civil Term IMPORTANT NOTICE TO: Dabis Camero c/o Jotm M. Hyams, Esquire 2320 N. Second Street P.O. Box 60457 Harrisburg, PA 17110 DATE OF NOTICE: July 7, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE 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, CiVIL DIVISION NO.: 03-2704 Civil Term Defendants. AVISO IMPORTANTE A. Dabis Camero c/o Jolm M. Hyams, Esquire FECHA DEL AVISO: July 7, 2003 USTED ESTA EN P,_EBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO 1NDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 DATE: (800) 990 JAMES, SMIT BY: Sc t~A' PA I.D. ,9108 & gNNELL¥ LLP Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 1N 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.: 03-2704 Civil Term IMPORTANT NOTICE TO: Stephen S. Benion c/o John M. Hyams, Esquire 2320 N. Second Street P.O. Box 60457 Harrisburg, PA 17110 DATE OF NOTICE: July 7, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COL~T YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (I0) 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE 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.: 03-2704 Civil Tema AVISO IMPORTANTE A. Stephen S. Benion c/o John M. Hyams, Esquire FECHA DEL AVISO: July 7, 2003 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (I0) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR LIN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS I1ViPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABA JO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) ~0jyl08 , JAIvlES, S~13ET~R1CK & CONNELLY LLP DATE: w7 )-~ ).7.~ BY: /~~' -~d~3 ScotiA..TDi~tterick, Esquire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FIRST CLASS U.S. MAIL, POSTAGE PILEPA1D 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.: 03-2704 Civil Term IMPORTANT NOTICE TO: Luisa F. Benion c/o John M. Hymns, Esquire 2320 N. Second Street P.O. Box 60457 Han'isburg, PA 17110 DATE OF NOTICE: July 7, 2003 YOU ARE 1N 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. 11~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE 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.: 03-2704 Civil Temq AVISO IMPORTANTE A. Luisa F. Benion c/o John M. Hyams, Esquire FECHA DEL AVISO: July 7, 2003 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. St USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LL,~ME LA OFICINA ABA JO INDICADA PAtLA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYI_TDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES, S~K & CONNELLY LLP DATE: '3 t'~ / ~'~ BY: SGot/t~//A.~letter~ckF, E~s/quire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FIRST CLASS U.S. MAIL, POSTAGE PREPAID EASTERN SAVINGS BANK, FSB, Plaintiff V® STEPHEN S. BENION and LUISA F. BENION and DABIS CAI~ERO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAi~D COUNTY, PENNSYLVANIA NO. 03-2'?04 CIVIL MORTGAGE FOE~CLOSUIIJg PETITION OF DEF~-~/TT D/~BIS CAMERO TO OPEN/STRIKE DEFAULT JUD~-~NT FILED BY PLAINTIFF AND NOW comes defendant Dabis Camero by his attorney, Kent H. Patterson, and files this petition as follows~ 1. Petitioner is Dabis Camero who resides at 511 Erford Road, East Pennsboro Toun~ship, cumberland County, Pennsylvania (Cam~ Hill, PA 17011). 2. Respondent is Eastern Savings Bank, FSB who is the plaintiff in the within action. 3. Plaintiff filed a co~laint in n~rtgage foreclosure on ~une 9, 2003 and service was accepted on behalf of all defendants by attorney John M. Hyams ~ acceptance of service dated ~une 13, 2003. 4. On ~uly 7, 2003, plaintiff"s attorney mailed to defendant Dabis Camero in care of John M. Hy~ms, Esquire a ten (10) day notice of intent to take default judgment under Pa.R.C.P. 237.1. 5. On July 21, 2003, plaintiff filed a praecipe for default ]ud~nt in the amount of $302,636.57 against all defendants and sent notice of the entry of the judgment to defendants Stephen S. Benion and Luisa F. ]~enion at their address at 4401 Packard Lane, Cam~ Hill, PA 17011 and may have sent notice to defendant Dabis Camero at 4401 Packard Lane, Cam~ Hill, PA 17011 and c/o John M. Hyams, Esquire at his address at 2320 N. Second Street, P.O. Box 60457, Harrisburg, PA 17110. 6. Defendant Dabis Camaro does not live at 4401 Packard Lane, Cam~ Hill, PA 17011 and that address is not his last known address and he does not receive mall at that address. 7. The real property which is the subject of the mortgage foreclosure action is the real property at 4401 Packard Lane, Hampden Township, Cumberland County, Pennsylvania (Card Hill, PA 17011) which is titled in the names of ~Stephen S. Benion, Luisa F. Benion, his wife and Dabis Camero" by deed from Stephen S. Benion and Luisa F. Benion, hi~ wife dated February 16, 2000 and recorded February 18, 2000 i~ the Office of the Recorder of Deeds of Cumberland County in Deed Book 216, Page 382. 8. Defendant Dubls Camero did not authorize defendants Stephen S. Benion and Luisa F. Benion to execute the -2- deed dated February 16, 2002 naming defendant Dabis Camero a titled owner as a tenant in common with defendants Stephen S. Benion and Luisa F. Benion and defendant Dabis Camero did not accept the conveyance and was not aware of the conveyance untll after the deed was executed end recorded. 9. Attorney John M. Hyams represents Stephen S. Benion and Luisa F. Benion in a bankruptcy action filed by defendants Stephen S. Benion and Lulsa F. Benion in the United States District Court for the Middle District of Pennsylvania docketed at No. 1-03-00734. 10. Defendant Dabls Camero is not a party to the bankruptcy and attorney John M. H~ams does not represent defendant D~bis Camaro in any capacity. 11. The real property at 4401 Packard Lane and the mortgage debt which is the subject of this mortgage foreclosure action was subject to the bankruptcy fileg[ by defendants Stephen S. Benion and Luisa F. Benion and defendant Dabis Camero believes that the mortgage foreclosure action was filed after the bankruptcy court lifted the automatic stay order under the Bankruptcy Code so that plaintiff could proceed with a mortgage foreclosure action. -3- 12. reference. 13. PETITION TO OPEN J~JD~MENT Paragraphs I through 11 are incorporated herein by Defendant Dabis Camero did not file an answer to the complaint for the followin~ reasons: A. Defendant Dabis Camero was unaware that a mortgage foreclosure action had been filed naming him as a defendant until Luisa F. Benion and Stephen S. Benion, his sister and brother-in-law respectively, advised him that a judgment in mortgage foreclosure had been entered. B. Attorney John M. Hyams mlstakenly accepted service for defendant Dabis Camero when he accepted service for defendants Stephen Sl. Benlon and Luisa F. Benion who authorized him to ac¢~ept service for them. Attorney Hyams mistakenly accepted information from defendant Stephen S. Benion that: led him to believe that he was authorized to accept: service for defendant Dabis Camero who would not object to an entry of a judgment in mortgage foreclosure. C. Defendant Dabis Cmmero did not receive any mailings concernin~ the mortga~ foreclosure action. -4- D. Defendant Dabis Camero did not receive the complaint that Attorney John M. l~ams received or any other notices that were received by Attorney John M. Hyams until after the entry of the default judg=nent. 14. Defendant Dabis Camero has filed this petition within ten (10) days of the default judgment which requires under Pa.R.C.P. 237.3(b) that the court shall open the judgment if the proposed complaint states meritorious defense. 15. Attached to this petition as Exhibit i is a verified copy of the answer with new matter that defendant Dabis Camero seeks leave to file. 16. In his proposed answer with. new matter, defendant Dabis Camero raises the following meritorious defensesl A. Defendant did not accept the deed transferring an ownership interest in the property to him and should not be a subject of the mortgage foreclosure action for the failure of defendants Stephen S. Benion and Luisa F. Benion to make payments of the mortgage obligation. B. Defendant Dabis Camero will execute a deed reconveying his record interest in the real property to defendants Stephen S. Benlon and Luisa F. Benion who will accept and record the deed and such conveyance -5- will result in defendant Dabis Camero not being a real owner of the real property. C. Defendant Dabis Camero did not sign any mortgage, note or other documents which wouldmake him liable for repayment of the underlying debt. D. Defendant Dabis Camero was not sent notice of the Homeowner's Emergency Mortgage Assistance Program as required by Act 91 of 1983, 35 P.S. Section 1680.403(c) or notice of intention to foreclose on the mortgage es required by Act 6 of 1984, 41 P.S. Section 403. WHEREFORE, defendant Dabls Camaro requests your Honorable Court to open and set aside the default judgment against him in this case. 17. reference. 18. PETITION TO STRIKE Paragraphs i through 16 are incorDorated herein by The service of the com~laiz~t in mortgage foreclosure is defective in that attorney John N. Hyams did not have authority to accept service of the c¢~l&int for defendant Dabis Camero. -6- 19. Service of the complaint in mortgage foreclosure is defective in that the acceptance of se~rlce signed by attorney John M. Hyams does not indicate on its face that he was authorized to accept service for defendant Dabis Camero as reczuired bY Pa.R.C.P. 402(b). WHEREFORE defendant Dabis Camaro requests your Honorable Court to strike the default judgment against him in this case. ~ent H. Patterson Attorney for defendant Dabis C~mero 22.1 Pine Street Harrisburg, PA 17101 (717) 238-4100 -7- VERIFICATION I, Dabis Camero, verify that the statements in the foregoing petition are true and correct to the best of m~ knowledge, information and belief. I understand that false stet~ents herein are ~de subject to penalties of 18 Pa. C.S. Date 4904 relating to unsworn falsification to &uthorlt~es.~/ EASTERN SAVINGS BANK, FSB, Plaintlff STEPHEN S. BENION and LUISA F. BENION and DAVIS CAMERO, Defendants IN THE COURT OF CO~MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2704 CIVIL MORTGAGe[ FOR~CLOSUI~I ANSWER WITH NEW MATTER OF DEFENDANT DANIS CAMER0 TO PLAINTIFF'S COMPLAINT AND NOW comes defendant Dabis Camero by his attorney, Kent H. Patterson, and files this answer as follows= 1. A~mitted. 2. A~m/tted in part and denied in part. It is denied that the address and the last known address of defendant Dabis C~mero is 4401 Packard Lane, 3. A~mitted. 4. A~m~tted. Camp Hill, PA 17011.. 5. A~mitted in part and denied in ]~art. It is denied that defendant Dabis Camero is a real owner of the mortgaged premises. 6. It is denied that defendant Dabls Cs/nero is in ~efault under the terms of the ~rtgage and note for failure to make n~nthly payments or for any other reason. It is ~enied that defend&nt Dabis Camero has any obligation for payment under the mortgage and note. 7. Defendant Dabis Camero is without: knowledge or information sufficient to form a belief as to the truth of the averment that the notice under the Homeowners' Emergency Mortgage Assistance Act and the notice of intention to foreclose on the ~rtgage were mailed to defendants. It is denied that defendant Dabis Camero received any such notices in the mail or otherwise. 8. It is denied that defendant Dablm Camero owes plaintiff the amounts set forth in paragraph 8. Defendant C~ro is without knowledge or information sufficient to form a belief as to the truth of the averment that defendants Benion owe plaintiff the amounts set forth in paragraph 8. 9. No answer is required to paragraph 9 since it pleads the provisions of the Fair Debt Collection Practices Act. To the extent that any answer is re¢~uired, defendant Dabis Camero denies that he owes ~ny debt to plaintiff. NEW MATTER 10. The deed from defendants Stephen S. Benion and Luisa F. Benion dated February 16, 2002 and recorded February 18, 2002 in Deed Book 216, Page 382 which conveyed an interest in the property to defendant Camero was done without defendant Camero's knowledge or consent and without his acce]~tance defendant Camero is therefore not a real owner of the mortgaged premises. -2- 11. Defendant Dabis Camero is not obligated under the note or the mortgage in that he did not sign or execute the note or mortgage. 12. Defendant Dabis C~mero was not sent notice under the Homeowner's Emergency Assistance Program required under Act 91 of 1983, 35 P.S. Section 1680.403(c) and notice of intention to foreclose under Act 6 of 1974, 41 P.S. Section 403. 13. Defendant Dabis Camero and defendants Benion have agreed that defendant C~mero will execute a deed reconveying his record interest of defendant Dabis C~mero in the mortgage premises to defendants Benion which will result in defendant Camero not being a real owner of the mortgaged Dremleee. WHEREFORE defendant Dabis Camero re~Lests your Honorable Court to dismiss plaintiff's com~laint. Kent H. patterson A~=torney for defendant Dabis Camero 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 -3- VERIFICATION I, Dabis Camero, verify that the statements in the foregoing answer with new matter are t~Le and correct to the best of my knowledge, information and belief. I understand that false statements herein are made s~bject to Denalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. ~ Dabxs Camero ~/ EASTERN SAVINGS BANK, FSB Plaintiffs vs o STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,ENNSYLVANIA NO. 03.-2704 CIVIL MORTGAGE FORECLOSURE CERTIFICATE OF SERVIC~ Now, this%/ day ,2003 I, hereby certify that I this day served the Kent H. Patterson, within petition to open/strike default judgment by depositing; a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of record as follows~ Scott A. Dietterick, Esq. James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (Attorney for plaintiff) John M. Hyams, Esq. 2320 N. Second Street P.O. Box 60457 Harrisburg, PA 17110 (Attorney for defendants Benion) Attorney for defendant Dabis Camero ]121 Pine Street Harrisburg, PA 17101 (1717) 238-4100 ~ Eastern v IN THE OOURT OF ~ PLEAS OF CI~W.~LABD COUNTY, PSI%I~SYLVANIA CML DMSION : File No. 03-2704 Savings Bank, FSB : Amount Due $ 301,136.57 Plaintiff : Interest from 7/18/03 11,534.75 to date of ~dle : Atty's Corem Stephen S. Benion and Luisa F. Benion and Dabis Camero Defendants TO THEPROTHONOTARY OF THESAID COURT: : Costs The undersigned hereby certifies that the below does not arise out of a retail insta~llment sale, contract, or account based on a confession of jud~nent, but if it does, it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRA~CIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of County, for debt, interest and costs upon the following described property of the defendant(s) See attached Exhibit "A". PRAECIPE FOR AT~ EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list) and all other property of the defendant(s) in the possession, custody or control of the said 9arnishee(s). (Indicate) Index this writ against the gsm-nishee(~ a 1~ pendens against real estate of,,the defendant(s)described in the attached DATE' ~7 ~ 03 Signature- · ) t ?tint N~: Sco/t~~ot~ A..Diett25c~k, Esquire J~.,~ SmiLh DieLLecick ~ Connelly Address: P O Box 650, Hershey PA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 Supreme Court ID No.: 55650 LEGAL DESCRIPTION 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 degrees 15 minutes East a distance of 175.0 feet to an iron pin; thence, south 89 degrees 45 minutes West a distance of 125.0 feet (being the dividing line between Lot No. 1 and Lot No. 3 on said subdivision plan) to an iron pin; thence, north 00 degrees 15 minutes West 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 degrees 45 minutes East a distance of 125.0 feet to the point and place of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 4401 Packard Lane, Camp Hill, Pennsylvania 17011. BEING the same premises which Stephen S. Benion and Luisa F. Benion, his wife, by Deed dated February 16, 2000 and recorded on February 18, 2000 in and for Cumberland County, in Deed Book Volume 216, Page 382, granted and conveyed unto Stephen S. Benion, Luisa F. Benion, his wife, and Dabis Camero. Tax Map No.: 10-20-1846, Parcel No.: 130B Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2704 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EASTERN SAVINGS BANK, FSB, Plaintiff (s) From STEPHEN S. BENION AND LUISA F. BENION AND DABIS CAMERO (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 en.~omed 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 $301,136.57 L.L. $.50 Interest FROM 7/18/03 TO DATE OF SALE - $11,534.75 Atty's Corem % Atty Paid $130.00 Plaintiff Paid Date: JULY 24, 2003 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary REQUESTING PARTY: Name SCOTT A. DEITTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY P.O.BOX 650 HERSHEY, PA 17033 Altomey for: PLAINTIFF Telephone: 717-533-3280 Supreme Court 1D No. 55650 Deputy IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTR/CT OF PENNSYLVANIA STEPHEN S. BENION and LUISA F. BENION, Debtors. CHAPTER 13 CASE NO.: 03-00734 EASTERN SAVINGS BANK, FSB, Movant. and STEPHEN S. BENION, LUISA F. BENION and CHARLES J. DEHART, III, CHAPTER 13 TRUSTEE Respondents. CONSENT ORDER · ,_L.D H/d~.iqlS FgUFiG PA F - I MAY 30 2003 h I I Clerk, U.S. Bankruptcy Court AND NOW, to wit, this ~)~ day of~2003, upon consideration of the foregoing Consent Motion for Relief from the Automatic Stay evidencing the consent of the parties hereto, it is hereby ORDERED, ADJUDGED AND DECREED, that: 1. The automatic stay, as it affects the interest of Eastern Savings Bank, FSB, with respect to certain real property located at 4401 Packard Lane, Camp Hill, Cumberland County, Pennsylvania 17011, is hereby terminated. 2. No further notice and opportunity for heating need be given as to this Consent Motion for Relief from the Automatic Stay, because the settlement thereof affects only the treatment of Eastern Savings Bank, FSB, and has no impact on other creditors. BY THE COURT: /S/MARY D. FP~,NCE J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, VS. Plaintiff, STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants. CIVIL DIVISION NO.: 03-2704 Civil AFHDAVIT PURSUANT TO RULE 3129.1 Eastern Savings Bank, FSB, Plaintiffin 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 4401 Packard Lane, Camp Hill, Cumberland County, Pennsylvania 17011: 1. Name and Address of Owner(s) or Reputed Owner(s): STEPHEN S. BENION 4401 Packard Lane, Camp Hill, PA 17011 and c/o John M. Hyams, Esquire 2320 N. 2~a St., P. O. Box 60457 Harrisburg, PA 17110 LUISA F. BENION 4401 Packard Lane, Camp Hill, PA 17011 and c/o John M. Hyams, Esquire 2320 N. 2~a St., P. O. Box 60457 Harrisburg, PA 171 I0 DABIS CAMERO 4401 Packard Lane, Camp Hill, PA 17011 and c/o John M. Hyams, Esquire 2320 N. 2na St., P. O. Box 60457 Harrisburg, PA 171 I0 2. Name and Address of Defendant(s) in the Judgment: STEPHEN S. BENION 4401 Packard Lane, Camp Hill, PA 17011 and c/o John M. Hyams, Esquire 2320 N. 2nd St., P. O. Box 60457 Harrisburg, PA 17110 LUISA F. BENION 4401 Packard Lane, Camp Hill, PA 17011 and c/o John M. Hyams, Esquire 2320 N. 2nd St., P. O. Box 60457 Harrisburg, PA 17110 DABIS CAMERO 4401 Packard Lane, Camp Hill, PA 17011 and c/o John M. Hyams, Esquire 2320 N. 2na St., P. O. Box 60457 Harrisburg, PA 17110 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: EASTERN SAVINGS BANK, FSB Plaintiff MELLON BANK, N.A. 8 West Market St. Wilkes-Barre, PA 18711 HAMPDEN TOWNSHIP 230 S. Sporting Hill Road Mechanicsburg, PA 17055 4. Name and Address of the last record holder of every mortgage of record: EASTERN SAVINGS BANK, FSB Plaintiff SAMUEL J. BOUTSELIS P. O. Box 1344 Camp Hill, PA 17011 property: Name and Address of every other person who has any record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are tree 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. §4904 relating to unsworn falsification to anthor/ties. DATED: JAMES, SMITH, ~ONNELLY LLP BY: Scott A//. D/ii~re[// Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN.'NSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, VS. STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants. CWIL DIVISION NO.: 03-2704 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Stephen S. Benion 4401 Packard Lane, Camp Hill, PA 17011 and c/o John M. Hyams, Esquire 2320N. 2"d St. P, O. Box 60457 HanSsburg, PA 17110 TAKE NOTICE: That the Sheriffs Sale of Real Property. (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle. Pennsylvania 17013 on Wednesday, December 10, 2003, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measm'ed boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 4401 Packard Lane Camp Hill. PA 1701 t Cumberland County The JUDGMENT und~ or pursuant to which your property is being sold is doc}~eted to: ..00_-_, 04 Ct d T.mn THE NAME(S) OF THE OV<'N_R(S) OR REPUTED OW.~ER(S) OF THIS PROPERTY ARE: Stephen S. Benion. Luisa F. Benion, his wife and DaNs Camero A SCHEDULE OF DISTRIBUTION. being a list of the persons and'or governmental or con)orate entities or agencies being entitled to receiYe pan of the proceeds of the sale recdved and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalit es that are owed taxes), will be filed by the Sne:Tfi thirty (30) days a~er the sale. and distribution of the proceeds of sale in accordance with this schedule will in tact. be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Infom~ation about the Schedule of Dishdbution may be obtained from the Sheriff of the Court of Common PIeas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Jud=m-nent against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property £rom being taken. A laxxTer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. N YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT O, CE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHE[U5 CAN GET FREE L~,GAL AD lC,_. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square. 4th Floor Carlisle, Pennsylvania 17013 (7!7) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Conunon Pleas of Cumberland County to open the Jud~nent if you have a merftofious defense against the person or company that has entered judgment against you. You may also file a petition with the same Cour~ if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale. you may file a petition with the Court of Common Pleas of Cumberland County. to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding para~aphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. Ifa specific return date is desired, such date must be obtained ~om the Court Administrator's Office, Cumberland County, Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation ofthe petition to the Court. ,/ DATED:! : JAM~S, SMI ~ H. DIr~Tz ERfG, K & CON. ELL5 t35': Scott?RPD'~ettenck, Esqmre Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED TO JOHN M. HYAMS, ESQUIRE .~ND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Hampden Township. Cumberland County. Perm, sylvania, known as Lot =1 on the subdivision plan of Samue! J. Boutselis, prepared by D.P. Raf~nsperser. and recorded in the Ot~]ce of the Recorder of Deeds of Cumberland County on November 26. 1979 in PIan Book 37, Page 4. more panicular!y bounded and descsbed as follows: BEOi.N_~'ING at a point on the western line of St. Jobm's Drive, which point is the northeast comer of Lot No. I of the subdi:'ision of Samuel J. Boutselis. prepared by D. P. Raffensperger, and recorded in the Of}ce of Cumberland Count},. Pe~sy!vania. Recorder of deeds in Plan Book 37-4 on November 26. 1979: thence. South 00 de~ees 15 minutes East a distance of 175.0 feet to an iron pin: thence, south 89 de~ees 45 minutes West a distance of !25.0 feet (being the dividing line between Lot No. 1 and Lot No. 3 on said subdivision plant to an iron pin: thence, no~h 00 de~ees 15 minutes West a distance or' 175.0 feet (being the dividing line between Lot No. 1 and Lot No. 2 on said subdivision pian'~7 thence, no~h 89 degrees 45 minutes East a distance of I ;5.0 feet to the point and place of BEGIN%'ING. HAVING thereon erected a dwelling house being l, mown and numbered as 4401 Packard Lane. Camp Hill, Pemns.':,,!van/a 17011. BEING the same premises wF~ich Stephen S. Benton and Luisa F. Benton, his wife. by Deed dated Feb~aary !6. 2000 and recorded on Febraau' I8, 2000 in and for Cumberland County. in Deed Book Volume 2!6. Page 382. ~anted and conveyed unto Stephen S. Benton. Luisa F. Benton, his wige. and Dabis Camero. Tax MapNo.: I0-20-1846. Parcel No.: 130B Exhibit IN' THE COURT OF COMMON PLEAS OF CUMBERLAND COL?,'TY, PENTSYLVANIA EASTERN SAVLNGS BANK, FSB. Plaintiff. STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants. CIVIL DIVISION NO.: 03-2704 CMl NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Luisa F. Benion 4401 Packard Lane, Camp Hill, PA 170I 1 and c/o John M. Hyams, Esquire 2320N. 2"a St. P. O. Box 60457 Harrisburg, PA 17110 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 10, 2003, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting ora statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 4401 Packard Lane Camp Hill. PA 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2003-2704 CMl Term THE NAME(S) OF THE OW.%*ER(S) OR REPUTED OVv_~ER(S) OF THIS PROPERTY ARE: Stephen S. Benion, Luisa F. Benion, his wife and DaNs Camero A SCHEDULE OF DISTRIBUTION, being a list of the persons an&/or govermnental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thil~y (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact. be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Infom~ation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Permsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause vour property to be held. to be sold or taken to pay the Judgm~ent. You may have legal rights to prevent your property from being taken. A la%wer can advise you more specifically of these rights. If you wish to exercise your hghts, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE _EGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgn*nent if you have a meritorious defense against the person or company that has entered jud=mnent against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2, After the Sheriffs Sale, you may 5!e a petition with the Cou~ of Common Pleas of Cumberland County to set aside the sale for a ~ossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding para~aphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be sea;ed on the attorney for the creditor or on the creditor before presentation to the Cour~ and a proposed order or rule must be attached to the petition. Ifa specific return date is desired, such date must be obtained from the Com't Administrator's Office. Cumberland County Courthouse, One Courthouse Square. 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: JAMES, SMITH, DIET.'TER!,C-~,,& CONLNELLY LLP S~ot~A. Dmtte~dc~, Pa. LD. ~55~50 ?.O. Box (7~7) 533-3280 VIA CERTFIED MAIL, RETURN- RECEIPT REQUESTED TO JOHN M. HYAMS, ESQUIRE AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCR!PT!ON ALL THAT CERTA~_~ lot of land situate in Harnpden Township, Cumberiand Count:.', Pe~.sylvania. tmown as Lot =1 on the subdivision plan of Sanuel J. Bourse!is. prepared by D.P. Raffensperger. and recorded in the Office of the Recorder of Deeds of Cumberland Counu; on November 26, 1979 in Plan Book 37. Page 4, more particularly bounded and described as follows: BEGINnNING at a point on the western line of St. John's Drive, which point is the northeast comer of Lot No. 1 of the s'£Ddivision of Samuel J. Boutsetis. prepared by D. P. Raffensperger. and recorded in the O~ioe of Cumberland County, Penns,xtvania. Recorder of deeds in Plan Book 37-4 on November 26. 1979: thence. South 00 d%~rees !5 minutes East a distance of t 7Z0 fee: to an iron pin: thence, south 89 de~ees 45 minutes West a distance of t'5.0 feet (being the dividing !)ne between Lot No. 1 and Lot No. 3 on ~aid ~ubdivision plan) to an iron' -' "~ ~ pm. ~,zen~e. nc,~h 00 de,ecs i 5 -:- '+ a distance of i 75.0 fee~ (being the dividing line between Lot No. 1 and Lot No. 2 on said subdivision plan): thence, north 89 degrees 45 minutes East a distance of 125.0 feet to the point and place of EEG~NING, HAV~G thereon erec:ed a dwelling house being lmown and numbered as 4401 Packard Lane. Camp Hill. Petmsylvania 1701 I, BErG the same premises which Stephen S. Benion and Luisa F. Benion. his wa. fo. by Deed dated FebruaE: l& 2000 and recorded on February 18, 2000 in and for Cumberland CounD'. in Deed Book Volume 2t6. Page 382. granted and conveyed unto Stephen S. Benion. Luisa F. Benion. his wife. and Dabis Camero. Tax MapNo.: 10-20-iS46, ParedNo.: 13OB Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COL.~TY, PENNSTLVANIA EASTERN SAVINGS BANK, FSB, : Plaintiff. : ',rS. CIVIL DIVISION NO.: 03-2704 Civil STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants. : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLV.~IA RULE OF CIVIL PROCEDURE 3129 DaNs Camero 4401 Packard Lane, Cmnp Hill, PA 17011 and c/o John M. Hyams, Esquire 2320 N. ? St. P. O. Box 60457 Harrisburg, PA 17110 TAKE NOTICE: That the Sheriffs Sale of Real Prope~,Wy (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle. Pennsylvania 17013 on Wednesday, December 10, 2003, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 440I Packard Lane Camp Hill, PA 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2003-2704 Civil Tem~ THE NAME(S) OF THE OV~'ER(S) OR REPUTED OV~.~ER(S) OF THIS PROPERTY ARE: Stephen S. Benion, Luisa F. Benion. his wife and DaNs Camero A SCHEDULE OF DISTRIBUTION. being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Shefiffthirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact. be made unless someone objects by filing exceptions to it, ~ ithin ten (10) days of the date it is filed. Infom~ation about the Schedule of Distribution may be obtained from the Sheriff of the Cour, of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgmnent against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal fights to prevent your property from being taken. A lawyer, can advise you more specifically of these rights. If you wish to exercise your fights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOL CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square. 4th Floor Carlisle. Permsylvania 17013 (717) 240-0200 THE LEGAL RIGHTS YOU MAY HAVE _ARE: 1. Tou may file a petition with the Court of Common Pleas of Cumberland Coung~ to open the Judgxnent if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the She,df'Ps Sale, you ma,,., file a petition w/th the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Corm2on Pleas of Cumberland CounLy. The petition must be served on the attorney l-bt the creditor or on the creditor before presentation to the Court and a proposed order or mle must be attached to the petition. Ifa specific return date is desired, such date nmst be obtained from the Court Administra[or's Office, Cumberland CounW Courthouse, One Courthouse Square, 4th Floor, Carlisle, Permsylvania 17013, before presentation of the petition to the Court. DATED: ~A. McS, S. ~i i H,,OIETt IzR~.K & CON?qELL'~ LLP "'o ~' Diett~hcE~ Esquire Pa. I.D. ~55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL RETUP,.N RECEIPT REQUESTED TO JOF-_N M. HYAMS, ESQUIRE A_ND VIA PERSONAL SERXqCE BY CUMBERLAND COUNTY SHERIFF LEGAL Dr._CR~ t~O~ x ~ t ~ HAT C~_R~ Ai.'x lot ot land s~'tuare m Hampden ~ oxxnsn:p. Cumaertand Count','. r~mn .... an~. ~o~n ~ r ¥ =] on the subdix, ision plan or' Samuel J. Bourse!is. prepared by D.P. Raffensperger. and recoraed in ~ne Gene, o~ tl]e Recora:r o~ Deea> or ' ' : _ more oa~icu!ar!v Cumpenand Coun¢,,. on November 26. !979 in Plan Book _ bounded and desc~bed as Gllows: B EOE',,.~iNG at a point on the western line of St. Jokn's Drh;e. which point is the northeast cotter of Lot No. 1 of the subdivision of Samuel i. Bourse!is. prepared by D. P. Raffensperger. and recorded in the Off]ce of Cumberland Count}. Pen_nsyh ania, Recorder of deeds in Plan Book 37-4 on .November 26. 1979: thence. South 00 de~ees I f minutes East a distance of 17f.0 feet to an iron pin; thence, south 89 deTrees 45 minutes West a distance of i25.0 feet (being the dividing line between Lot No. 1 and Lot No. 3 on said subdivision plan) to an iron pin: thence, no,ah 00 de~ees 15 minutes West a distance or' 175.0 feet (being the dividing line between Lot No. 1 and Lot No. 2 on said subdi¥ision plan): thence, north 89 d<=~ees 45 minutes East a distance of 125.0 feet to the point and place of BEGiNNiNG. HAx, IN~-d~e.-eon erected a .'awe!I_ne4 ~ house be:n:' , known and num*erea as n~l~, · ellnsv,VaUla 1 )i~ rack,rd Lane. Camp EEnWG the same premises which Stephen S. BeniGn and Luisa F. BeniGn. his wife. by Deed dated Februap., 1,5.2000 and recorded on Febraars. 15, 2000 in and for Cumberland Count,..'. in Deed Book Volume 216. Page 382. _,ar:,.nted and conveyed unto Stephen S. BeniGn. Luisa F. BeniGn. his with. and Ddt, is Ca.nero. No.: 10-20-I846. Parcel No.: !~0~ Exhibit "A" SHERIFF'S RETURN - CASE NO: 2003-02704 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EASTERN SAVINGS BANK FSB VS BENION STEPHEN S ET AL NOT SERVED R. Thomas Kline , Sheriff , according to law, says, that he made a diligent the within named DEFENDANT , to wit: BENION STEPHEN S unable to locate Him in his bailiwick. He COMPLAINT - MORT FORE who being duly sworn search and inquiry for but was therefore returns the the within named DEFENDANT NOT SERVED , as to BENION STEPHEN S 4401 PACKARD LANE CAMP HILL, PA 17011 SOMEONE AT ADDRESS CAME TO DOOR, LOOKED OUT, THEN TURNED AND WALKED AWAY, BUT WOULD NOT ANSWER DOOR. Sheriff's Costs: Docketing 18.00 Service 20.70 Affidavit .00 Surcharge 10.00 .00 48.70 R~. Thomas Kline Sheriff of Cumberland County JAMES SMITH DEITTERICK CON-NELL 07/21/2003 Sworn and subscribed to before me this ~ day of Prothonotary SHERIFF'S RETURN - CASE NO: 2003-02704 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EASTERN SAVINGS BANK FSB VS BENION STEPHEN S ET AL NOT SERVED R. Thomas Kline , Sheriff according to law, says, that he made a diligent the within named DEFENDANT , to wit: BENION LUISA F unable to locate Her in his bailiwick. He COMPLAINT - MORT FORE , who being duly sworn search and inquiry for but was therefore returns the the within named DEFENDANT , BENION LUISA F NOT SERVED , as to 4401 PACKARD LA_NE CAMP HILL, PA 17011 SOMEONE AT ADDRESS CAME TO DOOR, LOOKED OUT, THEN TURNED AND WALKED AWAY, BUT WOULD NOT ANSWER DOOR. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So answer_si.- // / ~ R. T~loma~ KI~ne Sheriff of Cumberlamd County JAMES SMITH DIETTERICK CONNELL 07/21/2003 Sworn and subscribed to before me this ~ day of Prothonotary SHERIFF'S RETURN ~ NOT SERVED CASE NO: 2003-02704 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EASTERN SAVINGS BANK FSB VS BENION STEPHEN S ET AL R. Thomas Kline according to law, the within named DEFENDANT CAMERO DABIS unable to locate Him COMPLAINT - MORT FORE , Sheriff , who being duly sworn says, that he made a diligent search and inquiry for , to wit: in his bailiwick. but was He therefore returns the the within named DEFENDANT , CAMERO DABIS NOT SERVED , as to 4401 PACKARD LANE CANP HILL, PA 17011 SONEONE AT ADDRESS CAME TO DOOR, LOOKED OUT, THEN TURNED AND WALKED AWAY, BUT WOULD NOT ANSWER DOOR. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 z R. Thomas Klin~ Sheriff of Cumberland County JAMES SMITH DIETTERICK CON-NELL 07/21/2003 Sworn and subscribed to before me this ~--~ day of Prothonotary 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.: 03-2704 Civil ISSUE NO.: TYPE OF PLEADING: Pa. ILC.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST CODE: 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, DIETTERICK & 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, CPc'IL DIVISION Plaintiff, NO.: 03-2704 Civil Term VS. STEPHEN S. BENION, LUISA F. BENION and DABIS CAMERO, Defendants. Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF' SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Eastern Savings Bank, FSB, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendants/Owners and Other Parties of Interest as follows: 1. Defendants, Stephen S. Benion, Luisa F. Benion and Dabis Camero are the record owners of the real property. 2. On or about July 24, 2003, Defendants, Stephen S. Benion, Luisa F. Benion and Dabis Camero, were served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, certified mail, return receipt requested upon their Attorney, John M. Hyams, 2320 N. Second Street, P.O. Box 60457, Harrisburg, Pennsylwmia 17110. Tree and correct copies of said Notices and Return Receipts are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about August 21, 2003, Plaintiff s counsel served all other parties in interest with Plaintiff s Notice of Sheriff s Sale according to Plaintiff s Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. Tree and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendant(s)/Owner(s) and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. Dated: JAMES, SM{]~,~I ,~_~CK & CONNELLY LLP ~cYo;t A. Didelte ~ck,~s~ui~' Pa. I.D. #55650 Attorneys for Plain.tiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Swom to and subscribed before me this c; [~4 day of ,~.~d.'4 ,2003. Notary Public MY COMMIS SION EXPIRES: ~ELLIOTT, NOTARy PUBL ,~ ' HUMMELSTOWN, DAUPHINOOUNTY I IMY COMM'SSION EXPIRES JUNE O, 2007~ EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COL~TY. PENTSYLVANIA EASTERN SAV~GS BANK. FSB. Plaintiff. CIVIL DIVi SION NO.: 03-2704 Civil STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE o1_9 Stephen S. Benion 4401 Packard Lane, Camp Hill. PA 17011 and c/o John M. Hyams. Esquire 2320 N. 2"d St. P. O. Box 60457 Harrisburg, PA 17110 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland CounU, Courthouse, South Hanover Street. Car!isle. Pennsylvania t 7013 on -;, Wednesday, December 10. _00o, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting ora statement of the measm'ed boundaries of th< prope~ .W, together with a brief mention of'the buildings and any other major improvements ere:ted on the land. (SEE LEGAL DESCRIPTION ATTACHED AS E;XLHIBIT "A"). The LOCATION of your propexy to be sold is: 4401 Packard Lane Camp Hill. PA 170I 1 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2003-2704 Civil Ten;q THE NAME(S) OF THE OV,%TR(S) OR REPUTED O'¢,~'ER(S) OF THIS PROPERTY ARE: Stephen S. Benion, Luisa F. Benion, his wife and DaNs Camero A SCHEDULE OF DISTRIBUTION. being a list of the persons and'or o_ovel-nmental or corporate entities or agencies being entitled to receive part of the Croceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), wil] be filed by the Sheldff thirty (30) days after the sale. and distribution of the proceeds of sale in accordance with this schedule will. in tact. be made unless someone objects by filing exceptions to it, within ten (I0) days of the date it is filed, infomaation £Dout the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment agair~st you. It may cause your property to be held, to be sold or taken to pa)' the Judgment. You may have legal rights to prevent your property from being taken. A laxx.wer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LA%WER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthottse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (7!7)240-6200 ~ · - - rr ARE: THE LEL, AL RIGHTS TOU MAS' HA'x- 1. You may file a petition with the Court ,of Common Pleas of Cumberland Count;,' to open the Judgq-nent if you have a meritorious defense against the person or company that has entered judgm~ent against you. Yot~may also file a petition with the same Court if you are aware of ~ legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale. you may' file a petition with the Court of Common Pleas of Cumberland Counb' to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or 5ghts mentioned in the preceding para~aphs must be presented to the Cou~ of Common Pleas of Cumberland County. The petition mast be served on the attorney for the creditor or on the creditor before presentation to the Court and a Dror0osed order or rule must be attached to the: petition, lfa specific return ~at~ is desired, such date must be obtained ~om the Court Administrator's Office, Cumberland County Cou~house. One Courthouse Square, 4th Floor, Carlisle, Pennsylvania ! 7013. before presentation of the petition to the Court,. JAIvlES SMIT?I DIETT~-PdlF,,K & CON~n"izLL x ~LP 'Scott~i~tterick,' Esquire Pa. I.D. ~55650 Anomeys for Plaintiff P.O. Box 650 Hershey, PA (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT R~Q=-E. · ,~D TO JOHN M. HYAMS, ESQUIRE AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERiFF LEGAL DESCR!PT!ON ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland Counw. Penns',Ivania. Imown as Lot =! on the subdix ision ph~n of Samue! J. Bourse!is. m'e~ar'ed by D.'P. RafSensperger. and recorded in the OSice or'the Recorder of Deeds of ~u.~ber!aJd Count7 on November 26, 1979 in Plan Book 37. Page 4. more pamcuiar!7 bounded and described ~s ffallows: BEGi_N.WLNG at a point on the western line of St..Jobm's Drive. which point is :he northeast comer of Lot No. 1 of the subdivision of Samuel J. I~ou~selis. prepared by D. P. Raffensper~er. ~nd recorded in the Office of Cumberland Co,my. Pe~sy!vania. Recorder of deeds in Plan Book 57-4 on November 26. i979: ~hence. South 00 d%wees 15 minu~es las~ a distance of 17~.0 fee: ~o an iron pin: thence, south S0 de~ees a5 minutes Wes: a disiance oi~ I25.0 feet (being the dividing line between Lot No. 1 and Lot No. 3 on said subdivision plato to an iron pin: thence, no~h 00 degrees 15 minutes West a distance of i 75.0 feet fbeing the dividing line be:ween Lot No. 1 and Lot No. 2 on said subdivision plato: :hence. no~h 89 de~ees 45 minutes Eas~ a distance of 125.0 iket to :he point and place of SEG!N%'!NG. HAVD.~G thereon erected a dwelling house being icnown and numb=r=d as 440i Packard Lane. Camp Hill. Pepmsyivania 11011. BEING the same premises which Stephen S. Benion and Luisa F. Benion. his wife. bS' Deed dated Febp~,aq.' !6.20ti0 and recorded or.. Feb=aaq: !8. 2000 in and for Cumberland Counq.'. in Deed Book Volume 2 ! 6. Page 382. g?amted and conveyed unto Stephen S. Benion. Luisa F. Bemon, his wi~e. and £mbis Camera. Tax .Map No.: I0-20-1846. Parcel No.: i30B Exhibit 0~0~ EOOL I5' THE COURT OF COMMON PLEAS OF CUMBERLAND COL _"NTT.. E:',.'NS~ L\ A 'dA EASTERN SAVINGS BANK. FSB. PJalm~15. STEPHEN S. BENIGN and LblSA r. BENIGN and DABIS CAMERO, Defendants. CIVIL DIVISION O~-., 0'~ CMl NO.: "~-" NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSU~_NT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Luisa F. BeniGn 4401 Packard Lane. Camp Hill, PA 170! 1 and c/o John M. Hyams, Esquire 2320 N. 2"a St. P. O. Box 60457 Ha~sburg, PA 17110 TAKE NOTICE: That the Sheriffs Sale of Real Prope~y (Real Estatel will be held at the Cumberland County Courthouse, South Hanover Street. Carlisle. Pennsylvania 17013 on Wednesday, December 10, _00o, at 10:00 a.m. prevailin~ local time. ,s &Lneat~,. md, ,a~, m a legal description THE PROPERTY TO BE SOLD4 ~ ~a' ,,,-1' consisting ora statement of the measured boundaries of the property together with a brief mention of the buildings and any other major improvements erecied on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIB,] . ~ h,. LOCATION of your property to be sold is: 4401 Packard Lane Camp Hill. PA 1701 Cumberland Counw The JUDGMENT under or pursuant to which your propert.x is being sold is docketed to: No. 2003-2704 Civil Term THE NAME(S) OF THE OVv_'NER(S) OR REPUTED O~ER(S) OF THIS PROPERTY ARE: Stephen S. Benion, Luisa F. Benion, his wife and Dabis Camero A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or goverm'nental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), wil] be filed by the Sheriff thirty (30) days after the sate. and disnSbution of the proceeds of sale in accordance with this schedule will, in fact. be made unless someone objects by filing exceptions to it. within ten (10) days of the date it is filed. Information about the Schedule of Disn-ibution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street. Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND ]>LACE OF THE SALE OF "_'OUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held. to be sold or taken to pa,,,' the Judg-ment. Tou may have legal rights to prevent your propenF from being taken. A taxwer can advise you more specifically of these fights. Ifyou wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAYXWER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court, AdminSstrator Cumberland Count>.' Courthou. se One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS TOU MAY HAVE ARE: I. Tou may file a petmon w~th the Court of Common Pleas of ~ ' . th,...udgnu,.nt ,, y o~ have a meritorious Cumber, ane Count,,' to open ,= 1 ~ = ;v , ,, defense against the person or company that has entered judgrnent against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedu.re used against you. 2. A~er the Sheriffs Sale. you ma.,.: file a petition with the Cou~ of Common Pleas of Cumberland County to set aside the sale lbr a g~ossly inadequate price or for other proper cause. This petition must be filed bdbre the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Con-Lmon Pleas of Cumberland Count.','. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. Ifa specific return date is desired, such date must be obtained fi'om the Court Administrator's Office, Cumberland County Cou,~thouse. Ohs Courthouse Square. 4th Floor, Carlisle, Pemnsytvania 17013~ before presentation of the petition to the Court. DATED: JAMES, SMITH DiETTE~RIC-~.,& CONZNELLT LLP ,: ,/!,,'" , ! 'i. BY: ./ I I S~otVA. Dietterick, Esquire Pa. I.D. ~55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 5.'lA CERTFIED MA!L, RETURN RECEIPT REQUESTED TO JOHN M. HYAMS, ESQUIRE AND ',,'IA PERSONAL SERVICE BY CUMBERLA~ND COUNTY SHERIFF ALL inA., C :P,-~ A~_N ,oL ,m ,anu sltua:e in Hampden Township. Cumoenand Coum'.. p:m.~x,, ama. ~mo~ ~ prepar~a by DiP. Rafi~nsper~er. ann ~e~orded m mc Ot~ce ct me Recorder of Deeds of ' - ~ ~ i979 in Plan Book q7 Fa~e 4. more pamcular!v Cmnberiand Count7 on %'0~ cml e, 16, - - bounded and '~ .... '~ as Todox~'~: BEGEMi','EqO at a point on the western line of St. John' s Dfixe. which point is zhe notxheas~ comer of LoT No. ! of the s~division o£ Samuel J, Boutsdis. prepared by D. P. Rafi~nsper~er. and recorded in the Office of Cumberland CountF. Pe~sF!vania. Recorder of deeds in Ptzn Book 37-Z on November 26. 1979: thence. South 00 dekTees if minutes East a distance of tTZ0 feet to an iron pin: thence, south S~ de~ees 25 minutes West a distance of 125.0 5eet (being ~he dix'iding line between Lot No. 1 and Lot No. F on said subdivision plato to an iron pin: thence, north 00 de~ees 15 minuzes Wes; a distance of i ~5.0 fee: (heinz the dividin~ line be:ween Lot No. ! and Lot No. 2 on said subdix ision planx thence, no~h 89 de~e~ 45 minutes iasc a iistance of 115.0 feet to ~he point and place of BEG~IN'G. HAV~G thereon erected a d;veitm°- house orang imown ant numoe, eci as ' ' '~ Packard Lane. Camp Hill. Pemnsy!vania 1701 I. BErG the same premises wNch Stephen S. Benton and Luisa F. Benton. his v,,:/e, by Deed dated Feb,_--uar,; i 6. 2000 and recorded on FebmarF 18, 2000 in and for CumbJriand CouniT. in Dee~ Book V,qume 216. Page 382. granted and conveyed unto S~ephen S. Benton. Luisa F. Benton. his wife. and Dabls Can:etc. Tax Map No.: ~:--0- ~ . Parce! No.: _ Exhibit "A" 6~25 ~h29 DDDD D~D~ E00~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COL%'T'f, pEN:~SYLVANIA EASTERN SA\ INGS BA slx. FSB, CIVIL DIVISION Plaintiff. : NO.: 03-2704 Civil STEPHEN S. Bn: ION and LUISA F. BENION and DABIS CAMERO, Der%ndants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CI'~.qL PROCEDURE 3129 Dabis Camero 4401 Packard Lane, Camp Hill, PA 17011 and c/o Jotm M. Hyarns. Esquire 2_3-20 N. ? St. P. O. Box 60457 Harrisburg, PA i 71 i 0 TAKE NOTh-E. Tha the Sheriffs Sale of Real Prope? (Real Estate/will be held at the Cumberland County Courthouse. South Hanover Street, Carlisle. Pennsyh'ania 170i 3 on ~ I'~ ~ . prevailing local time. Wednesday, December 10, ,0Q. at · 0.00 a.m. ~ H,-, RO: ,~R ~'~ TO B~_ S,_,~,,~ is delineated in detail in a le~zal description consisting of a statement of the measured boundaries of the property', together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL rvc~r'r~ m~-~x' ~ mm l c'~F,'h i S EXHIBIT "A"). The .... t OCATION ofvou~. . prope,'Xv, to be sold is: 4401 Packard Lane Camp Hill, PA 17011 Cumberland County The Jl DGMENT under or pursuant to which your prope~y is being sold is docketed to: No. 2003-2704 Civil Te:Ta THE NAME(S) OF THE Ox,k'-~ER(S) OR REPUTED O'¢,~ER(S) OF THIS PROPERTY ARE: Stephen S. Benion, Luisa F. Benion, his wife and DaNs Camero A SCHEDULE OF DISTRIBUTION. being a list of the persons and/or o_ove~Tmaental or corporate entities or agencies being entitled to receive pan of the eroceeds of the sale received and to be disbursed by the Sheriff (for example 1o banks that hold monaa-oes and municipalities that are owed taxes), will be filed by the ShediT thirty (30) days '~ft~er the sale, m~d distribution of the proceeds of sale in accordance with this schedule will, in fact. be made unless someone objects by i}!ing exceptions to it, 'Mthin ten (I 0) days of the date it is filed. Infom~ation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street. Carlisle, PermsyiYania i 70i3. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pa)' the Jud~'aent. You may have legal rights to prevent your property from being taken. A laxwer can advise you more specifically of these rights. If you wish to exercise your fights, you must act promptly. TOU SHOULD TAKE THIS PAPER TO YOUR LAYX'WER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHER_E YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court. Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle. Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland CounD, to open the Judgement if you have a meritorious defense against the person or company that has entered jud~nent against you. You may also file a petition with the same Court if you are aware of a le~aI defect in the obligation or the procedure used against you. _." After the Sherif£s Sale. you may ftle ,,~ ,,,~tlt;~,,,~ _,~,, with the Cou~ of Common Pleas of Cumberland County' to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding para~aphs must be presented to the Cou: of Common Pleas of Cumberland County. The petition rnust be served on the attorney for the creditor or on the creditor before presentation to '&e Court and a proposed order or rule must be attached to the petition. Ifa specific return date is desired, such date must be obtained fi:om th= Court Administrator's Office. Cmnberland CounW Cou~house. One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: ScotiA. Dienefic~, Esqmre Pa. I.D. P55650 Attorneys ~or Plmnm~ P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ~ IA CER~ FlED ~51AIL RETURN RECEIPT REQUESTED TO JOHN M. HYAMS, ESQUIRE AND PERSONAL SERVICE BY CE.MB~RLAND COLNTk SH~.RIFF ALL THAT CERTAIN lot of land situate in Hampden Township. Cumberland C.~un~v. penns'dvania, known as Lo: =! on the subdivision pla2 of Samuel A Boutseli~. ~re~a~ed by DiP. Rat%nsper:er. and recorded in fl~e Ofiice of ti~e Recorder of Deeds of ~"a~beria~d Counq: on November 26. 197o in Plan Book 37. Page 4. more pa~icuiar!y bounded and descsbed as follows: BEOkD,,_Wh~G at a point on the ',restore nne o: ~t. o~:hn = Drive. winch pom~ ts me nozheasi comer oFLot No. 1 oi ~ne suoa~v:ston ol 5amue~ 0. Bou~sehs. preparea by D. Rafl~nst~er:er. and recorded in the O[iice or uumoe,~and Count>,. P_~orde, o~ o .... m Plan Book:,-- on Not d2b~ !6. I979: :henc:. ~outh 00 minutes & esz a distance of ! 25.0 ~=~ '~'~" *he dividin,, line bem-een Lot No. 1 and Lot · . - a~x ~am~ hn~ oe,xx ~ ..... ~t .~o. 1 and Lot No. 2 on said aa:smnceof" =-: (bcin2the """ _ : , , .... r, st:bu:,b~ot piano, n~n.~, north 89 de~ees 45 minutes zast a =,s~n point and piac~ of BEGiNNiNG. N_AVi_~N© thereon ...... ~ a dwelhn,z nouse bem~ known and nulnDe cd Packard Lane. Camp nnh Pe,m~v vama ~ BEFSG the same premises which Stephen S. Benton z.nd Luisa F. Benion. his wife. bv Deed dated Februap, 1,5, 2000 and re~orded on Febr~2a%' !S. 2000 in and Cumberland Count:.. in Deed Book Volume 116. Page }$2. granted and conveyed unto Stephen S. Benton. Luisa F. Beniom his wit~. and DaNs Camero. Exhibit "A" EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CiVIL DiVISION Plaintiff, NO.: 03-2704 Civil VS. STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17055 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to th ~ Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 10, 2003 at 10:00 a.m., the following described real estate which Leigh R. Fogelsanger is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale off R4401 Packard Lane Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, VS. Plaintiff, STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants. at EX. NO. 03-2704 Civil in the amount of $302,636.57, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days 15om the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. Dated: JAMES, SMITH,, DIETTERICK & CONNELL~ ~c) :ott A. D~ e~t~'q~uuir ev PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION 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 degrees 15 minutes East a distance of 175.0 feet to an iron pin; thence, south 89 degrees 45 minutes West a distance of 125.0 feet (being the dividing line between Lot No. 1 and Lot No. 3 on said subdivision plan) to an iron pin; thence, north 00 degrees 15 minutes West 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 degrees 45 minutes East a distance of 125.0 feet to the point and place of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 4401 Packard Lane, Camp Hill, Pennsylvania 17011. BEING the same premises which Stephen S. Benion and Luisa F. Benion, his wife, by Deed dated February 16, 2000 and recorded on February 18, 2000 in and for Cumberland County, in Deed Book Volume 216, Page 382, granted and conveyed unto Stephen S. Benion, Luisa F. Benion, his wife, and Dabis Caraero. Tax Map No.: 10-20-1846, ParcelNo.: 130B Exhibit "A" 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 03-.2704 Civil VS. STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants. NOTICE TO LIENItOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Samuel J. Boutselis P.O. Box 1344 Camp Hill, PA 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 10, 2003 at 10:00 a.m., the following described real estate which Leigh R. Fogelsanger is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: R4401 Packard Lane Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT . The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, VS. Plaintiff, STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants. at EX. NO. 03-2704 Civil in the amount of $302,636.57, plus in,terest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date wl~en Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated:. JAMES, SMITH, DIETTERICK & CONNELL~ PA D #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland County, Pennsylvania, known as Lot #1 on the subdivision pl~aa 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 Cortnty, Pennsylvania, Recorder of deeds in Plan Book 37-4 on November 26, 1979; thence, South 00 degrees 15 minutes East a distance of 175.0 feet to an iron pin; thence, south 89 degrees 45 minutes West a distance of 125.0 feet (being the dividing line between Lot No. 1 and Lot No. 3 on said subdivision plan) to an iron pin; thence, north 00 degrees 15 minutes West 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 degrees 45 minutes East a distance of 125.0 feet to the point and place of BEGINNING. HAVING thereon erected a dwelling house being knc~wn and numbered as 4401 Packard Lane, Camp Hill, pennsylvania 17011. BEING the same premises which Stephen S. Benion and Luisa F. Benion, his wife, by Deed dated February 16, 2000 and recorded on February 18, 2000 in and for Cumberland County, in Deed Book Volume 216, Page 382, granted and conveyed unto Stephen S. Benion, Luisa F. Benion, his wife, and Dabis Camero. Tax Map No.: 10-20-1846, Parcel No.: 130B Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, CIVIL DIVISION NO.: 03-2704 Civil VS. STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa. ILC.P. 3129{b) TO: Cumberland County Domestic Relations Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 10, 2003 at 10:00 a.m., the following described real estate which Leigh R. Fogelsanger is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: R4401 Packard Lane Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, VS. Plaintiff, STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants. at EX. NO. 03-2704 Civil in the amount of $302,636.57, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the'. Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: JAMES, SMITH,, DIETTERICK & CONNELL~ LLiP Scott A. PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 170:33 (717) 533-3280 LEGAL DESCRIPTION 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. Jotm's Drive, which point is the northeast corner 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 degrees 15 minutes East a distance of 175.0 feet to an iron pin; thence, south 89 degrees 45 minutes West a distance of 125.0 feet (being the dividing line between Lot No. 1 and Lot No. 3 on said subdivision plan) to an iron pin; thence, north 00 degrees 15 :minutes West a distance of 175.0 feet (being the dividing line between Lot No. 1 and Lo,I No. 2 on said subdivision plan); thence, north 89 degrees 45 minutes East a distance of 125.0 feet to the point and place of BEGINNING. HAViNG thereon erected a dwelling house being known and numbered as 4401 Packard Lane, Camp Hill, Pennsylvania 17011. BEiNG the same premises which Stephen S. Benion and Luisa F. Benion, his wife, by Deed dated February 16, 2000 and recorded on February 18, 2000 in and for Cumberland County, in Deed Book Volume 216, Page 382, i~anted and conveyed unto Stephen S. Benion, Luisa F. Benion, his wife, and Dabis Cmnero. Tax Map No.: 10-20-1846, Parcel No.: 130B Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 03-2704 Civil VS. STEPHEN S. BENION and LIYlSA F. BENION and DABIs CAMERO, Defendants. : NOTICE TO LIENItOLDERS AND OTHER pARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Mellon Bank, N.A. 8 West Market Street Wilkes Ban'e, PA 18711 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the,' Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURT'.[-IOUSE South Hanover Street Carlisle, pennsylvania 17013 on December 10, 2003 at 10:00 a.m., the following described real estate which Leigh R. Fogelsanger is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: R4401 Packard Lane Camp Hill, pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, Plaintiff, VS. STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants. at EX. NO. 03-2704 Civil in the amount of $302,636.57, plus inlerest and costs. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH,, By: / ~x_ ] Scott A. Die'ten, k PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 }IETTERICK & LEGAL DESCRIPTION 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. Jokn's Drive, which point is the northeast corner 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 degrees 15 minutes East a distance of 175.0 feet to an iron pin; thence, south 89 degrees 45 minutes West a distance of 125.0 feet (being the dividing line between Lot No. 1 and Lot No. 3 on said subdivision plan) to an iron pin; thence, north 00 degrees 15 minutes West 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 degrees 45 minutes East a distance of 125.0 feet to the point and place of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 4401 Packard Lane, Camp Hill, Pennsylvania 17011. BEING the same premises which Stephen S. Benion and Luisa F. Benion, his wife, by Deed dated February 16, 2000 and recorded on February 18, 2000 in and for Cumberland County, in Deed Book Volume 216, Page 382, granted and conveyed unto Stephen S. Benion, Luisa F. Benion, his wife, and Dabis Camero. Tax Map No.: 10-20-1846, parcelNo.: 130B Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, CIVIL DIVISION NO.: 03-2704 Civil VS. STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants. NOTICE TO LIENItOLDERS AND OTHER PARTIES IN INTEREST. - PURSUANT TO Pa. ILC.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 10, 2003 at 10:00 a.m., the following described real estate which Leigh R. Fogelsanger is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: R4401 Packard Lane Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, Plaintiff, VS. STEPHEN S. BENION and LUISA F. BEN-ION and DABIS CAMERO, Defendants. at EX. NO. 03-2704 Civil in the amount of $302,636157, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated:_ JAMES, SI IITH, DIETTERICK & CONNEL1 ~. LLP By: ~ Scott A. ~ ;~-~squire PA ID #55( Attorney br Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION 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, ~?age 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 degrees 15 minutes East a distance of 175.0 feet to an iron pin; thence, south 89 degrees 45 minutes West a distance of 125.0 feet (being the dividing line between Lot No. 1 and Lot No. 3 on said subdivision plan) to an iron pin; thence, north 00 degrees 15 minutes West a distance of 175.0 feet (being the dividing line between Lot No. I and Lot No. 2 on said subdivision plan); thence, north 89 degrees 45 minutes East a distance of 125.0 feet to the point and place of BEGINNiNG. HAViNG thereon erected a dwelling house being known and numbered as 4401 Packard Lane, Camp Hill, Pennsylvania 17011. BEiNG the same premises which Stephen S. Benion and Luisa F. Benion, his wife, by Deed dated February 16, 2000 and recorded on February 18, 2000 in and for Cumberland County, in Deed Book Volume 216, Page 382, granted and conveyed unto Stephen S. Benion, Luisa F. Benion, his wife, and Dabis Camero. Tax Map No.: 10-20-1846, parcel No.: 130B Exhibit "A" 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB. Plaintiff V. ~ STEPHEN S. BENION and LUISA F. BENION : : DABIS CAMERO, : Defendants : No. 02,-2704 CIVIL MORTGAGEFORECLOSURE ANSWER TO DEFENDANT DA__BIS C_AMERO'S PE~TION TO OPEN/STRIKE DEFAUL'I_' JUDGMENT AND NOW comes Plaintiff Eastern Savings Bank, FSB., (hereinafter "Plaintiff") by and through its attorneys James, Smith, Dietterick & Connelly, LLP and files this Answer to Defendant Dabis Camero's Petition to Open/Strike Default Judgment (hereinafter "petition") against Defendant Dabis Camero (hereinafter "Defendant") as fi>llows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Plaintiff is without sufficient information to form a belief as to the truth of the averment in Paragraph 6 of Defendant's Petition, and therefore, said averment is denied. Strict proof of same is demanded. 7. Admitted. 8. Denied. plaintiff is without sufficient information to form a belief as to the truth of the averment in paragraph 8 of Defendant's Petition, and therefore, said averment is denied. Strict proof of same is demanded. 9. Admitted. 10. Denied. Plaintiff is without sufficient information to form a belief as to the truth of the averment in paragraph 10 of Defendant's Petition, and therefore, said averment is denied. Strict proof of same is demanded. 11. Denied. plaintiff is without sufficient information to form a belief as to the truth of the averment in paragraph 11 of Defendant's Petition, and therefore, said averment is denied. Strict proof of same is demanded. 12. Plaintiff's responses to paragraphs 1 through 11 are incorporated herein by reference. 13. Denied. plaintiff is without sufficient information to form a belief as to the truth of the averments in paragraph 13 of Defendant's Petition, and therefore, said averments are denied. Strict proof of same is dmanded. 14. Admitted. 15. Admitted. 16. Denied. Plaintiff is without sufficient information to form a belief as to the truth of the averments in paragraph 16 of Defendant's Petition, and therefore, said averments are denied. Strict proof of same is demanded. By way of further answer, Defendant Dabis Camero has not yet executed a deed reconveying his record interest in the real property to Defendants Stephen S. Benion and Luisa F. Benion. WHEREFORE, Plaintiff Eastern Savings Bank, FSB respectfully requests that Defendant's requests for relief be denied, the Petition to Open/Strike Default Judgment be dismissed, and that this Honorable Court enter such additional relief as it deems necessary, including awarding of Plaintiff s reasonable attorneys' fees. 17. Plaintiffs responses to Paragraphs 1 through 16 are incorporated herein by reference. 18. Denied. Plaintiff is without sufficient information to form a belief as to the truth of the averments in paragraph 18 of Defandant's Petition, and therefore, said averments are denied. Strict proofofsameis demanded. 19. Denied. Plaintiff is without sufficient information to form a belief as to the troth of the averments in paragraph 19 of Defendant's Petition, and therefore, said averments are denied. Strict proof of same is demanded. WHEREFORE, Plaintiff Eastern Savings Bank, FSB respectfully requests that Defendant's requests for relief be denied, the Petition to Open/Strike Default Judgment be dismissed, and that this Honorable Court enter such additional relief as it deems necessary, including awarding of plaintiff's reasonable attorneys' fees. By: Respectfully Subn tted: Scott ~.~ :ttffrick, Esquire Pa. I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY EASTERN SAVINGS BANK, FSB. Plaintiff STEPHEN S. BENION and LUISA F. BENION DABIS CAMERO, No. 03-2704 CIVIL MORTGAGE FORECLOSURE Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Answer to Defendant Dabis amero's Petition to OPenLStrike Default Judgment was served °n the f°ll°wing this '~a~ay of /~~ , 2003, via First Class U. S. Mail, Postage Pre-paid: Kent H. Patterson 221 Pine Street Harrisburg, PA 17101 JAMES, SMITH, DI~~-~NELLY LLP ScOtt tA~cl~, Esciuire Pa. I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) EASTERN SAVINGS BANK, FSB (Plaintiff) vs. STEPHEN S. BENION, LUSIA F. BENION and DABIS CAMERO (Defendants) No. 03-2704 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant Dabis Camero's Petition to Open/Strike Defa'alt Judgment and Plaintiffs Answer thereto. 2. Identify counsel who will argue case: 3 o (a) for plaintiff: Scott A. Dietterick, Esquire Address: P.O. Box 650, Hershey, PA 17033 (b) for defendant: Kent H. Patterson, Esquire Address : 221 Pine Street, Harrisburg, PA 17101 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court date: A~t~rn~y !or Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY EASTERN SAVINGS BANK, FSB. : Plaintiff : V. ~ STEPHEN S. BENIGN and LUISA F. BENIGN : DABIS CAMERO, : : Defendants : No. 03-2704 CIVIL CERTIFICATE OF SERVICE The undersigned hereby certifies thai a true and correct~co~¥ of the Argument Praecipe was served on the following this ~]~]o~ day of !'] c~--' , 2003, via First Class U. S. Mail, Postage Pre-paid: Kent H. Patterson 221 Pine Street Harrisburg, PA 17101 JAMES, SMITH, DIETTEI~z~LLY LLP BY / I , ~ ,,~// J/' ~' [/ Scolt J(. D[tterick, Es'quire Pa. I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1807274vl BALLARD SPAHR ANDREWS 8: INGERSOLL, LLP By: William A. Slaughter Hara K. Jacobs Peter C. Amuso PA ID Nos. 30637, 74832 8:80182 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 ,(215) 665-8500 RITE AID CORPORATION 30 Hunter Lane Camp Hill, PA 17011 Plaintiff, ROBERT SOUDER 108 South Lewisberry Road Mechanicsburg, PA 17055 Defendant. NOTICE You have been sued in courL If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JURY TRIAL DEMANDED THIS IS NOT AN ARBITRATION CASE, AN ASSESSMENT OF DAMAGES IS REQUIRED Attomeys for Plaintiff Rite Aid Corporation CUMBERLAND COUNTY, COURT OF COMMON PLEAS CIVIL ACTION NO. 03.-3059 AMENDED COMPLAINT - CIVIL ACTION AVISO Le han dema~dado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace faita asentar una comparencia escxita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMENDED COMPLAINT Plaintiff, Rite Aid Corporation ("Rite Aid" or the "Company"), by its undersigned counsel, for its amended complaint against Robert Souder ("Souder"), avers as follows: THE PARTIES 1. Rite Aid is a Delaware corporation with its principal place of business in Camp Hill, Pennsylvania. Rite Aid is one of the nation's leading drugstore chains, operating approximately 3400 stores in 28 states. 2. Souder, who was formerly Rite Aid's Senior Vice President, Human Resources until the termination of his employment in early 2000, resides at 108 South Lewisberry Road, Mechanicsburg, PA 17055. JURISDICTION AND VENUE 3. This action arises out of events, transactions and occurrences that took place in Cumberland County, Pennsylvania, where Rite Aid's principal place of business is located. Souder resides and is subject to service in Pennsylvania. Accordingly, this Court has jurisdiction over Souder and venue is proper pursuant to Pa. R.C.P. 1006. Background SUBSTANTIVE ALLEGATIONS 4. In October of 1999, Rite Aid's Chairman and Chief Executive Officer Martin L. Grass and its former Chief Financial Officer Franklyn M. Bergonzi were dismissed from their positions with the Company by the Company's Board of Directors after the Board discovered that financial statements of the Company prepared by Grass and Bergonzi and filed with the Securities and Exchange Commission would have to be restated. The restatement of Rite Aid's financial statements, originally estimated to require a reduction of $500 million in the 2 Company's reported earnings over three years, ultimately required a cumulative earnings reduction of over $1.6. 5. Grass and Bergonzi were subsequently indicted and pleaded guilty to a criminal conspiracy to defraud Rite Aid, its shareholders, investors, Board of Directors and vendors, among others. In addition to the misstatement of the Company's financial results, such conspiracy involved: payments of substantial sums to selected Company executives purportedly under a long term incentive plan (known as LTIP I), even though the requirements for payment under LTIP I as established by the Company's Board had not been met; and the creation of fraudulently back-dated employment agreements in favor of selected Company executives, purporting to obligate the Company to pay substantial sums to such employees upon the termination of their employment with the Company. 6. Souder was among the Company executives who received payment under LTIP I and who received a back-dated employment agreement. The LTIP I Payment 7. In March of 1995, at the request and recc,mmendation of Grass, Rite Aid's Board of Directors adopted a long term incentive plan denominated LTIP I under which certain executives of the Company would be entitled to receive shares of the Company's stock or the dollar equivalent value of such shares in the event the Company's earnings per share grew at certain rates over the ensuing four years. Under the terms of LTIP I, the Board authorized payment only if the Company's earnings per share grew at a minimum rate of at least 8% per year, compounded annually. The measurement period under LTIP I began in March of 1995 and concluded in March of 1999, covering the results of the Company's 1995 through 1999 fiscal years. A copy of the Company's 1996 Proxy Statement contair~ing the terms of LTIP I (under the title "Long-Term Incentive Plan" at p.11) is attached hereto as Exhibit A. The LTIP I document listing Mr. Souder as one of the Company executives entitled to receive shares under the plan is attached hereto as Exhibit B. 8. Even though the Company had not met tire minimum earnings per share growth target required for payment under LTIP I, in July of 1999 Grass and Bergonzi caused the Company to make a payment to Souder thereunder, falsely representing to the Board that the minimum earnings per share growth target required for payment under LTIP I had been met. In or about July 1999, Souder received a substantial payment from the Company purportedly on account of his earning the right to receive shares of the Comparty's common stock under LTIP I. 9. Despite the Company's request, Souder has failed and refused to repay such sum. The Back-Dated Severance Agreement 10. In late 1999 or early 2000, after Grass had been dismissed by the Board and no longer had any authority to act on the Company's behalf, he created, executed and delivered letters to several Company executives, purporting to obligate Rite Aid to pay such executives substantial sums upon the termination of their employment with the Company. Souder was one of the Company executives to receive such a letter. 11. The letter addressed to Souder was falsely dated June 12, 1998, falsely purported to have been written on Rite Aid stationary, and falsely purported to have been executed by Grass in his capacity as Rite Aid's Chief Executiw,' Officer at a time when Grass was authorized to act in that capacity. In fact, the letter was a fabrication, typed on ersatz Rite Aid stationary and backdated to appear as though written over a year earlier when Grass was the Company's CEO. A copy of the back-dated letter from Grass to Souder is attached hereto as Exhibit C. 12. The back-dated letter to Souder purported to enhance the benefits Souder would otherwise have been entitled to receive under the standard deferred compensation agreement then in place between Souder and the Company in several material respects: it 4 purported to increase the amount of the annual payments Souder would be entitled to receive; it purported to extend the period of time over which Souder would receive such payments; it purported to accelerate the time when such payments would commence; it purported to accelerate the vesting of stock options granted to Souder; and it purported to eliminate one of the material conditions to payment, the requirement that Souder continue employment with the Company until age 65. None of such enhanced benefits had bee. n approved by any person with authority to act for the Company. 13. After receiving the letter from Grass, and knowing it to be a back-dated fabrication, Souder caused the letter to be presented to the new management of Rite Aid, falsely representing that it was a genuine written obligation of the Company, intending that the Company rely on the letter's bona fides and intending that the Company honor the purported obligations assumed in the letter in accordance with its terms. 14. Unaware of Souder's deception, the Company honored the terms of the back-dated letter presented to new management by Souder by entering into an Executive Separation Agreement and General Release dated July 29, 2000 (the "Separation Agreement"), which, among other things, amended a Deferred Compensation Agreement dated April 12, 1996 between Souder and the Company (the "Deferred Compensation Agreement"). A copy of the Separation Agreement is attached hereto as Exhibit D and a copy of the Deferred Compensation Agreement is attached hereto as Exhibit E. 15. Like the fabricated back-dated letter from Grass, the Separation Agreement entitled Souder to receive benefits superior to those payable under the Deferred Compensation Agreement then in place between Souder and the Company in several material respects: it increased the amount of the annual payments Souder would be entitled to receive; it extended the period of time over which Souder would receive such payments; it accelerated the time when such payments would commence; it accelerated the vesting of Souder's stock options; and it eliminated the requirement that Souder continue employment with the Company until age 65 to receive benefits. 16. Souder resigned from employment with Rite Aid upon the execution of the Separation Agreement. Rite Aid has paid Souder substantial amounts under the Separation Agreement and under the Deferred Compensation Agreement as amended by the Separation Agreement. 17. Among its other provisions, the Separation Agreement required Souder to cooperate fully and honestly with the Company and its counsel in connection with any investigation relating to any matter in which Souder was involved while a Company employee. Specifically, the Separation Agreement provided: [Souder] shall at all times cooperate fully with the Company and its subsidiaries and affiliates and its counsel in connection with any investigation by the Company relating to any matter in which [Souder] was or is involved or of which [Souder] has knowledge by virtue of his employment or other position with Releasees or any other aspect of the Company's affairs, including without limitation the pending investigation of the Company's accounting practices and related matters. Without limiting the generality of the foregoing, [Souder] shall (i) make himself available to be interviewed upon reasonable notice and otherwise on a reasonable basis and for a reasonable period of time relating; to any such investigation, (ii) provide truthful, accurate and complete information and responses in the course thereof (including without limitation during interviews) and (iii) provide any and all requested documentation, to the extent that any such documentation is in his possession. 18. The Separation Agreement further provided that the Company could terminate the Separation Agreement in the event Souder failed to cooperate fully with the Company in connection with any such investigation, in which case all of Souder's benefits under the Separation Agreement would be forfeited: Notwithstanding anything herein to the contrary, if the Company shall determine, in its reasonable discretion, the [Souder] has in a material respect failed to perform his obligations', set forth in this Section 7, the Company shall have the right to terminate immediately payment and provision of the Severance Benefits in their entirety...and such Severance Benefits shall thereupon be forfeited by [Souder]. For clarity, it is understood and agreed by [Souder] that (i) such forfeiture shall result in, among other things, 6 (x) the immediate termination of all benefits under the Deferred Compensation Agreement... and (y) the immediate termination of any otherwise then exercisable stock options. 19. Souder violated his obligations under Section 7 of the Separation Agreement by failing to give truthful, accurate and complete intbrmation and responses to counsel for the Company in connection with investigations by the Company into matters in which Souder was involved during the course of his employment with the Company. Specifically, Souder lied to such counsel concerning the back-dated letter he received from Grass, falsely stating that he had received such letter while Grass was still employed by the Company as its CEO. Souder similarly lied to the FBI regarding such matters. 20. The Deferred Compensation Agreement amended by the Separation Agreement further provided for the forfeiture of any rights Souder might otherwise have thereunder in the event of his discharge for good cause or in the event of the discovery by the Company of his having committed an act that could have resulted in his discharge for good cause. Specifically, the Deferred Compensation Agreement states: If at any time [Souder] is discharged for good cause by Corporation with the acquiescence of the Board of Directors, or if subsequent to [Souder's] retirement, disability or death, it is discovered that [Souder] committed an act which could have resulted in [Souder's] discharge for good cause by Corporation, had it been known to Corporation, this Agreement shall terminate any and all rights and benefits of [Souder] and of any person claiming by, from or through [Souder] under this Agreement shall be forfeited and any benefits then being paid or to be paid in the future shall cease. 21. Upon learning of Souder's deception, Rite Aid's Board terminated the Separation Agreement and the Deferred Compensation Agreement, and demanded repayment of the sums paid to Souder thereunder. Despite Rite Aid's request, Souder has failed and refused to repay the amounts paid to him by Rite Aid under his Separation Agreement and under his Deferred Compensation Agreement as amended by his Separation Agreement. 7 COUNT I (UNJUST ENRICHMENT) 22. The foregoing averments are incorporated herein by reference. 23. Under the terms of LTIP I, Rite Aid's Board authorized payment to plan participants only in the event the Company's earnings per share grew at a compound rate of at least 8% per annum during fiscal years 1996 through 1999. 24. Rite Aid's earnings per share did not grow at a compound rate of 8% per annum during fiscal years 1996 through 1999. To the contrary, the Company's eamings declined during that period and the Company suffered substantial losses in 1998 and 1999. 25. Souder nevertheless received payment under LTIP I and has been unjustly enriched at the Company's expense to the extent of that payment. 26. Despite the Company's request, Souder has failed and refused to repay the amount he received from the Company on account of LTIP I. WHEREFORE, Rite Aid demands judgment in its favor and against Souder in an amount in excess of $50,000, together with interest, delay damages, and costs, including reasonable attorney's fees, and such other and further relief as the Court deems just and proper. COUNT II (MISTAKE) 27. The foregoing averments are incorporated herein by reference. 28. Rite Aid paid Souder under LTIP I based upon a mutual mistake of fact, to wit: the belief that the Company's had experienced growth irt its earnings per share over the relevant period sufficient to meet the target required to justify payment to Souder under LTIP I when in fact the Company had not achieved such growth in its earnings per share. 29. Despite having received payment under LTIP I by mistake, and despite Rite Aid's demand for repayment, Souder has failed and refused to repay the amount he received from the Company on account of LTIP I. 8 WHEREFORE, Rite Aid demands judgment in its favor and against Souder in an mount in excess of $50,000, together with interest, delay damages, and costs, including reasonable attorney's fees, and such other and further relief as the Court deems just and proper. COUNT III (FRAUD) 30. The foregoing averments are incorporated herein by reference 31. After receiving his letter from Grass, and knowing it to be a back-dated fabrication, Souder caused the letter to be presented to the new management of Rite Aid, falsely representing that it was a genuine written obligation of the Company, intending that the Company rely on the letter's bona tides and intending that the Company honor the purported obligations assumed in the letter in accordance with its terms. 32. Such misrepresentations were material ~md were reasonably and justifiably relied upon by Rite Aid in negotiating and agreeing to the Separation Agreement, in amending the Deferred Compensation Agreement, and in paying Souder thereunder. 33. As a direct and proximate result of Souder's fraudulent conduct, Rite Aid has suffered damages. WHEREFORE, Rite Aid demands judgment in its favor and against Souder in an amount in excess of $50,000, together with interest, delay danaages, and costs, including reasonable attorney's fees, and such other and further relief as the Court deems just and proper. COUNT IV {BREACH OF CONTRACT) 34. The foregoing averments are incorporated herein by reference. 35. Under the Separation Agreement, Souder undertook to "at all times cooperate fully with the Company and its subsidiaries and affiliates and its counsel in connection with any investigation by the Company relating to any matter in which [Souder] was or is involved," and specifically to "provide truthful, accurate and complete information and 9 responses in the course thereof (including without limitation dating interviews)." 36. Souder breached his obligations under the Separation Agreement by failing to cooperate fully with the Company and its counsel in connection with Company investigations relating to matters in which Souder was involved, by failing to provide truthful, accurate and complete information and responses to Company counsel and by lying to such counsel about the back-dated letter he had received from Grass. 37. As a result of such breach Rite Aid properly terminated the Separation Agreement and Souder forfeited the benefits he would otherwis,~' have been entitled to receive thereunder, including benefits payable under his Deferred Compensation Agreement as amended by the Separation Agreement. 38. Despite Rite Aid's demand, Souder has failed and refused to repay the amounts paid to him by Rite Aid under the Separation Agreement and under his Deferred Compensation Agreement as amended by the Separation Agreemeut. WHEREFORE, Rite Aid demands judgment in its favor and against Souder in an amount in excess of $50,000, together with interest, delay damages, and costs, including reasonable attorney's fees, and such other and further relief as the Court deems just and proper. COUNT V (BREACH OF CONTILACT) 39. The forgoing averments are incorporated herein by reference. 40. Under the Deferred Compensation Agreement as amended by the Separation Agreement, if Souder were discharged for good cause by Rite Aid, or if after Souder's retirement, disability or death the Company discovered Souder had committed an act which could have resulted in his discharge for good cause by the Company had it been known to the Company, the Deferred Compensation Agreement terminated, in which case Souder forfeited any past or future benefits payable to him under the Deferred Compensation Agreement. 10 41. As alleged more fully above, Souder was guilty of acts which could have resulted in his discharge for cause had they been known to the Company, including his submission of a fraudulently back-dated letter agreement to the Company as alleged herein. 42. Using reasonable and non-discriminatory standards, the Board of Directors of the Company has determined that Souder was guilty of an act which would have justified his discharge for good cause by the Company and has terminated the Deferred Compensation Agreement. 43. Despite the Company's request, Souder has failed and refused to repay those sums previously paid to Souder by the Company under his Deferred Compensation Agreement. WHEREFORE, Rite Aid demands judgment in its favor and against Souder in an amount in excess of $50,000 together with interest, delay dmnages, and costs, including reasonable attorney's fees, and such other and further relief as t]he Court deems just and proper. COUNT VI (BREACH OF FIDUCIARY DUTY) 44. The foregoing averments are incorporated herein by reference. 45. By virtue of his position as a senior officer of the Company, Souder owed the Company a fiduciary duty of undivided loyalty. 46. Souder breached that duty by engaging in the conduct that is alleged herein, including submitting to the Company a fraudulently back-dated letter agreement intending that the Company honor the agreement in accordance with its terms, and accepting payment under LTIP I even though the requirements established by the Board of the Company for payment thereunder had not been met. 47. As the result of such breach of fiduciary duty, the Company has been damaged. 11 WHEREFORE, Rite Aid demands judgment in its favor and against Souder in an amount in excess of $50,000 together with interest, delay damages, and costs, including reasonable attorney's fees, and such other and further relief as the Court deems just and proper. Dated: October 21, 2003 Willi'drfi ~. Slj~u-ghter Hara K. Jacobs Peter C. Amuso BALLARD SPAHR ANDREWS & INGERSOLL, LLP 1735 Market Street, 51 st Floor Philadelphia, PA 19103-7599 (215) 665-8500 Attorneys for Rite Aid Corporation 12 RIT~ AiD CORPORATION Lo~ Ta~M l~fw Omwth In Earni.? Pc~ Sl~ue · Aw'~ds interpola~d at intermediate points % of Sh~-s 12.0% 10(~ 11.5 90 ILO 80 10.5 70 I0.0 60 9.5 $0 9.0 40 8.5 30 8.0 20 B~low 8% 0 Tho follow~g indiv~du~ awazds are earned bas~ off a~uai EPS levels achieved: ~ JOO~$hm~ 80~ahm.~ 50%Shsmq ~ .~ Grass 500,000 400,000 300,000 200,000 100,000 Noomn 300,000 240,000 180,1)00 120,000 60,000 Brown 150,000 120,000 90,000 60,000 30,000 Bcrgo~:i 150,000 120,000 90,000 60,000 .~0,000 Mmm 150,000 120,000 90,000 60.000 30,1)00 ~[bl~ 50,000 40,000 30,000 20,000 I0,000 Bown~n $0,000 40,000 30,00o 20,000 IO,000 Markovi~z 40,000 32,000 24,000 16,000 8.000 $ouder 2~,000 20,000 15,000 l 0,000 $,000 Feldaum 25,00O 20,000 I $,00o l 0,000 %000 Oibson 25,000 20,000 15,000 10,000 5,000 ~i= 25,000 20,000 15,000 lO,OO0 5,000 Total 1,490,000 1,192,000 8~4,000 $96,000 2~,000 % of Ou, tstandlng Over Four ¥cms 1.8~ 1.4% 1.1% .7~ .4% Rite Aid COrF~rd#on Confldofllful 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Rite Aid Corporation 30 Huma~ L,(me Nr. I~1~ R. 5oud~r Hedlantlcal~, PA 17055 EXECUTIVE SEPARATION AGREEMENT AND GENERAL RELEASE This Executive Separation Agreement and General Release ("Agreement") by and between Robert Sourer ("Executive'?) and Rite Aid Corporation (the "Company") is entered into as of July 29, 2000, subject to the revocation and effectiveness provisions of Section 14 below. WHEREAS. Executive has for many years served as an officer and employee of the Company and its subsidiaries; and WHEREAS, the Company has provided Executive with a letter agreement, dated June 12. 1998 (the "Letter Agreemem"), setting forth certain terms regarding Executive's retirement from the Company; and WHEREAS. the Company and Executive have determined that Executive's employment with the Company shall terminate effective as of July 29, 2000; and WHEREAS. the Company and Executive have determined to furth? memorialize Executive's retirement compensation, as set forth in the Letter Agreement. and certain other matters, subject to the terms and conditions set forth herein. NOW. THEREFORE. in consideration of the premises and covenants set forth hereim and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto. Executive and the Company hereby agree as follows 1. R i nation Pf s'ni ns. Executive hereby voluntarily resigns his employment with the Company effective as of July 29, 2000 ~3he "Termination Date"). and the Company hereby accepts such resignation. Executive hereby further resigns, effective as of the Termination Date. from all positions he may hold as an officer or director of the Company and subsidiaries and affiliates, and theCompany hereby accepts such resignations. Executive covenants and agrees to execute ail such instruments and take all such other actions as the Company may reasonably deem necessary, or desirable to evidence or accomplish the foregoin~ in full. 2. ~. In consideration fi'or Executive's resignations and release of claims set forth herein, but subject to (i) the forfeiture provisions set forth in Section~ and 8 and (ii) expiration of the Revocation Period (as defined in Section 14) without Executive revocation of this Agreement, the Company shall provide Executive with the following benefit (the "Severance Benefits"): (a) One used desktop computer (including monitor and keyboard) from the Company's existing inventory, of such items. (b) Within seven days of the date hereof, $238.271.72 (less applica withholding and other taxes) in full pa.vment and satisfaction of all amounts due and owing to Executive by reason of any actual deferral by Executive of ~aay salary or bonus earned by Executive during his employment with the Company. ~S lc RS-0002 (c) All 210.000 stock options held by Fxecutive as of the Termination Date shall become immediately vested and exercisable and shall remain vested and exercisable through July 29. 2003 (or. if earlier, through the end of the stated term of such stock options). whereupon any such options that have not theretofore been exercised shall terminate and expire in their entirety. A schedule with respect to the details of those options is attached as Exhibit A. (d) That certain Deferred Compensation Agreement. dated April 12. 1996 between Executive and the Company (the "Deferred Compensation Agreement"). is hereby amended to provide that (i) Executive shall be eligible to receive-payment o£benefits under the Deferred Compensation Agreement commencing July 30. 2000: (ii) unless earlier terminated in accordance with the terms of the Deferred Compensation Agreement or the terms hereof, such benefits shall be payable to Executive or Executive's beneficiar2y through and including July 29. 2020; and (iii) the amount of the retirement benefit payable under the Deferred Compensation Agreement shall be calculated based upon 50% of Executive's highest annual salary plus Executive's highest annual bonus paid during the 1998. 1999 and 2000 fiscal years of the Company (ie. 50% of*he sum of(i) $196.031.68 (Executive's annual salary, in fiscal 2000) and (ii) $90,394.00 (Executive's annual bonus paid with respect to fiscal 1998)). Other than as set forth herein, the terms and conditions of the Deferred Compensation Agreement shall remain in full force and effect. (e) Executive shall be eligible to receive benefits under any applicable pension and welfare benefit plans (including the 401(Ic) Plan) maintained by *he Company in which Executive is a participant as of the Termination Date in accordance with the terms and conditions of such plans. (f) The Company shall (i) indemnit~y Executive to the full extent permitted by the Company's Certificate of Incorporation (subject to any limitations imposed under applicable law) and provide adx~ancement of attorneys' fees in connection therewith, and (ii) continue coverage for Executive for a period of six (6) years following termination of his employment with the Company uni:ler any Director and Officer insurance policies maintained from time to time by the Company; Erovid¢d, that Executive :;hall (and hereby does) undertake t repay the Company anY such amounts advanced with respect to any action, claim or other proceeding as to which it is ultimately determined under applicable law that Executive shall not be entitled to indemnification from the Company: and ~, further, that Executive agrees t~ · ; execute any similar_or related undertaking in such form as shall be reqmred of other officers an¢ directors of the Company. Notwithstanding an~hing herein to the contrary, Executive acknowiedg, and agrees that (i) he shall not receive or be entitled to receive any annual or other bonus in respect of the Company's fiscal year ending in or about February 2001, (ii) he shall not receive or be entitled to receive any payment in respect of any long-term bonus or incentive plan in which Executive has at any time been a participant prior to *he Termination Date, (iii) he shall not receive or be entitled to receive pension credits or otherwise be eligible for retirement plan contributions in connection with the Severance Benefits and (iv) other than as set forth in this Section 2. Executive shall not receive or be entitled to receive any amounts or benefits under a ~Y RS-0003 stock-based or other incentive, bonus or other compensation, severance or fringe benefits plan. program, policy, agreement or arrangement of the Company. Executive shall not be obligated to seek other employment or take any other action by way of mitigation of the amounts, benefits and other compensation payable or otherwise provided to Executive under this Section 2. and such amounts, benefits and other compensation shall not be reduced in respect of any amounts actually earned by Executive from subsequent employment. 3. ~. Executive agrees and acl, anowiedges that the Severance Benefits provided to Executive under this Agreemem and referred to in Section 2 above (i) exceed in the aggregate any sums or other payments of benefits to which Executive would otherwise be entitled in respect of his employment with the Company and the termination thereof under any policy, plan, or procedure of. or any agreement or understanding with. the Company or its subsidiaries or affiliates and (ii) except as provided in Section 4(a). is in full discharge of any and all claims the Executive has or may have against the Releasees. as defined in Section 4(a). including without limitation for wages, benefits (including plan contributions), or attorney's fees. and any amounts which Executive would otherwise be entitled to receive under the Letter Agreement. (a) In consideration of the Severance: Benefits, Executive. for himself and for his heirs, executors, administrators, representatives, successors and assigns (hereinafter collectively referred to as the "Releasors"). releases and forever discharges the Company and any and all of its subsidiaries, divisions, affiliated entities, representatives, successors and assigns, and any and all of its or their employee benefit or pension plans or funds, and any and all of its or their past or present officers, directors, stockholders, agents, trustees, administrators. employees, successors or assigns (whether acting as agents for such entities or in their individual capacities) (hereinafter collectively referred to as the "Releasees"), from and against any and all claims, charges, complaints, demands, actions, causes of action, agreements, promises, contributions, fees, losses, expens~ and liabilities of any kind whatsoever (based upon any legal or equitable theory, whether contractual, common-law, statutory, federal, state, local or otherwise), whether known or unknown, which Releasors ever had. now have or may have against Releasees by reason of any actual or alleged act. omission, transaction, practice, conduct occurrence, or other matter up to and including the Release Effective Date (as defined in Sectio~ 14); provided, that such release shall not apply with respect to (i) any rights of indemnification and advancement to ~vhich Executive is entitled as of the Termination Date and (ii) Executive's fights under this Agreement. (b) Without limiting the generality, of the foregoing, this Agreement i intended to and shall release the Releasees from any and all claims arising out of Executive's employment by or other service with Releasees. or the resignation or termination of Executive' employment or other service with Releasees. including without limitation, (i) any claim under t Age Discrimination in Employment Act. as amended by, among other laws. the Older Workers Benefit Protection Act; (ii) any claim under Title VII of the Civil Rights Act of 1964, as amenc by, among other laws, the Civil Rights Act of 1991; (iii) any claim under the Americans with ed 23003640-souder. wpcl RS-0~ ,04 Disabilities Act; (iv) any claim under applicable Pennsylvania employment or other laws: (v) any other claim of discrimination or retaliation in employment (whether based on federal, state or local law, statutory or decisional); (vi) any claim under the Emp]loyee Retirement Income Securitv Act of 1974. as amended ("ER/SA"): (vii) any claim under the National Labor Relations Act. as'amended; (viii) any claim under the Worker Adjustment and Retraining Notification Act: (ix) any claim for tort or for breach of contract: and (x) any claim for attorneys' fees. costs. disbursements or the like. extent to the extent any such claim relates to (A) any rights of indemnification and advancement to which Executive is entitled as of the Termination Date and (B) Executive's rights under this Agreement. (c) Executive further agrees that he will not seek or accept any award or settlement from any source or proceeding with respect to any claim or right covered by this Section 4 and Section fi below. fi. No Claim~. Executive agrees, to the fullest extent permit;ed by law. not to commence, maintain, prosecute or participate in any action or proceeding of any kind. nor encourage anyone else to do so. against any of the Releasees, arising out of any act. omission. transaction or occurrence occurring up to and including the Release Effective Date (other than with respect to any action, omission, transaction or occurrence that is expressly subject to the proviso in Section 4(a)), and Executive represents and warrants that he has not done so at any time prior to or as of the Release Effective Date. 6. N ln'u ' us Conduct. Executive acknowledges that he has not and agrees that he will not intentionally engage in any conduct that is injurious to Releasees' reputation or interest, including but not limited to (i) divulging, communicating, or in any way making use of any confidential or proprietary information acquired in the performance of Exeeutve's duties for Releasees (except as may be required pursuant to Section 7 below or by applicable law); and (ii) publicly disparaging (or inducing or encouraging others to publicly disparage) any of the Releasees. (a) Executive shall at all times cooperate fully with the Company and its subsidiaries and affiliates and its counsel in connection with any investigation by the Company relating to any matter in which Executive was or is involved or of which Executive hi knowledge by virtue of his employment or other position with Releasees or any other aspect of the Company's affairs, including without limitation the pending investigation of the Company's accounting practices and related matters. Without limiting the generality of the foregoing, Executive shall (i) make himself available to be interviewed upon reasonable notice and otherwise on a reasonable basis and for a reasonable period of time relating to any such investigation, (ii) provide truthful, accurate and complete information and responses in the thereof (including without limitation during interviews) and (iii) provide any and all requested documentation, to the extent that any such documentation is iin his possession. 230036a0-t, ouciet V, lXl RS-0005 (b) Executive agrees that. in the event he is subpoenaed by any person or entity to give testimony (in a deposition, court proceeding or .otherwise) which in any way relates to Executive's employment or other position with Releasees. any investigation. proceeding or litigation or otherwise relates to the subject matter of this Agreement. Executive shall give prompt notice of such request to the Company's General Counsel at the address listed below. (c) The Company shall reimburse Executive for his reasonable and properly documented travel expenses relating to the discharge of his obligations pursuant to this Section 7. (d) Notwithstanding anything herein to the contrary, if the Company shall determine, in its reasonable discretion, that Executive has in a material respect failed to perform his obligations set forth in this Section 7. the Company shall have the right to terminate immediately payment and provision of the Severance Benefits in their entirety. (other than vested benefits protected under ERISA and Execmive's rights to indemnification and advancement as set forth in Section 2(f)), and such Severance Benefits shall thereupon be forfeited by Executive. For clarity, it is understood and agreed by Executive that (i) such forfeiture shall result in. amon~ other things, (x) the immediate termination of all benefits unde..r the De. ferred Co. mpensation . Agreement (notwithstanding anything to the contrary therein) and (y) me immeaiate terminauon of any otherwise then exemisable stock options; and (ii) the te~znination of payment and provision of Severance Benefits pursuant to this Section 7(e) shall in no way affect the continuing validity and enforceability of the release provided in Section 4 and Executive's other covenants and agreements hereunder. 8. Cause. If at any time the Company shall become aware of evidence on th, basis of which it shall reasonably determine that during the period of his employment with the Company, Executive committed an act of a material nature which could have resulted in Executive's discharge for cause b~( ~the Company, had it been known to the Company. the Company shall have the right to terminate immediately payment and provision of the Severance Benefits in their entirety (other than vested benefits protected under ERISA). and such Severanc Benefits shall thereupon be forfeited by Executive. For purposes of this Agreement and the Deferred Compensation Agreement. acts which shall be deemed to have resulted in Executive's discharge by the Company for "cause" shall include (i) any act of fraud, embezzlement. dishonesty or concealment relating to the business of the Company or any subsidiary or affiliate (ii) knowing falsiflc~ition of records of the Company or any subsidiary or affiliate. (iii) gross misconduct or willful malfeasance in the performance of his duties with the Company or any subsidiary or affiliate, (iv) commission of any felony or securities law violation, or (v) any othe act or omission that would permit the Company to terminate Executive's employment for caus~ under applicable decisional or statutory law. For clarity, it is understood and agreed by Executive that (i) such forfeiture shall result in. among other things, (x) the immediate termination of all benefits under the Deferred Compensation Agreement and (y) the immediate termination of any otherwise then exercisable stock options; (ii) the termination of payment an, provision of the Severance Benefits pursuant to this Section :8 shall in no way affect the continuing validity and enforceability of the release provided[ in Section 4 and Executive's oth~ 5 RS-0006 covenants and agreements hereunder; and (iii) it shall be no defense to the forfeiture provisions of this Section 8 that one or more acts constituting grounds for discharge for cause may actually have been known to the Company or to any officer or director thereof (or of any subsidiary, or afffiliate) during the period of Executive's employment with or service as an officer or director of the Company (the Company acknowledges that it does not know of any such grounds for discharge). 9. ~. The terms and conditions of this Agreement. the disclosure information attached as Exhibit B. and the circumstances and discussions giving rise to this Agreement are and shall be deemed to be confidential, an,,4 shall not be disclosed by Executive to any person or entity without the prior ~itten consent of the Chairman and Chief Executive Officer of the Company, except if required by law. or to Executive's accountants. attorneys, spouse or members of his immediate family, provided that these latter persons each agree to maintain the confidentiality of this Agreement. the discl~osure information and the circumstances and discussions giving rise to the Agreement. Executive further represents that he has not disclosed the terms and conditions of this Agreement or the disclosure information or the circumstances and discussions giving rise to the Agreement to anyone other than his attorneys. accountants or spouse. 10. ~. Executive acknowledges that during the course of his employment with the Company, its subsidiaries and affiliates? he has been exposed to documents and other information regarding the confidential affairs of the Company, its subsidiaries and affiliates, including without limitation information about their past, present and future financial condition, the markets for their products, key personnel, past. present or future actual or threatened litigation, trade secrets, current and prospective customer lists, operational methods, acquisition plans, prospects, plans for furore development and other business affairs and information about the Company and its subsidiaries and affiliates not readily available to the public (the "Confidential Information").. In recognition of the foregoing, the Executive covenants and agrees as follows: (a) Except as required by law. at no time shall Executive ever divulge. disclose, or otherwise use any Confidential Information. unless and until such information is readily available in the public domain by reason other than Executive's unauthorized disclosure or use thereof, unless such disclosure or use is expressly authorized by the Chairman and Chief Executive Officer of the Company in writing in advance of such disclosure or use. (b) Promptly following the Termination Date, Executive shall deliver to the Company's offices in Camp Hill. Pennsylvania all of the: property and equipment of the Company and its subsidiaries (including any cell phones, pagers, credit cards, personal computers, etc.) and any and all documents, records, and files, including any notes, memoranda. customer lists, reports or any and all other documents, including any copies thereof, whether in hard copy form or on a computer disk or hard drive, which relate to the Company, its subsidiaries, affiliates, successors or assigns, and/or their respective past and present officers. directors, employees, agents or consultants (collectively, the "Company Property, Records and Files"); it being expressly understood that Executive shall not be authorized to retain any of the 6 RS-0007 Company Property, Records and Files. except to the extent expressly so authorized in writing by the Company's Chairman and Chief Executive Officer. 11. Non-Solicitation. From the Termination [)ate through July 30. 2002. Executive shall not. directly or indirectly, solicit, induce, or anempt to solicit or induce any officer, director, employee, agent or consultant of the Company or any of its subsidiaries. affiliates, successors or assigns to terminate his, her or its employment or other relationship with the Company or its subsidiaries, affiliates, successors or assigns for the purpose of associating with any competitor of the Company or its subsidiaries, affiliates~ successors or assigns, or othenvise encourage any such person or entity, to leave or sever his. her or its employment or other relationship with the Company or its subsidiaries, affiliates, successors or assigns for any other reason. For purposes of this Section 11. the term "competitor of the Company" shall be defined as any person or entity, which directly or indirectly through one or more subsidiaries and affiliates owns and/or operates 200 or more retail drugstores in the United States. 12. Rights and Remedies uvon Breach. If Executive breaches, or threatens to corrtmit a material breach of. any of the provisions of Sections 6. 10 or 11 above (the "Restrictive Covenants"), and in the case of breaches subject to being cured, after notice to the Executive and. if not cured by the Executive within 15 days of such notice, the Company and its subsidiaries, affiliates, successors or assigns shall have the following rights ~nd remedies, each of which shall be independent of the others and severally enforceable, and each of which shall be in addition to. and not in lieu of'.. any other fights or remedies available to the Company or its subsidiaries. affiliates, successors or assigns at law or in equity: (a) The right and remedy to have the Restrictive Covenants specifically enforced by any court of competent jurisdiction by injunctive decree or otherwise, it being agreed that any breach or threatened breach of the Restrictive Covenants would cause irreparable injury to the Company or its subsidiaries, affiliates, successors or assigns, as the case may be. and that money damages would not provide an adequate remedy to the Company or its subsidiaries, affiliates, successors o~' assigns, as the case may be. (b) The right and remedy to require '.Executive to account for and pay over to the Company or its subsidiaries, affiliates, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by Executive as a result of any transaction or activity constituting a breach of any of the Restrictive Covenants. (c) Executive acknowledges and agrees that the Restrictive Covenants are reasonable and valid in geographic and temporal scope and in all other respects. If any court determines that any of the Restrictive Covenants. or any part thereof, is invalid or unenforceable the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full force and effect without regard to the invalid portions. (d) If any court determines that any of the Restrictive Covenants. or any part thereof, is unenforceable because of the duration or scope of such provision, such cour~ 7 RS-O001 shall have the power (and is hereby instructed by the parties) to reduce the duration or scope of such provision, as the case may be. to render such provision enforceable (it being the intent of the panics that any such reduction be limited to the minimum extent necessa~ to render such provision enforceable), and, in its reduced form. such provision shall then be enforceable. (e) Executive intends to and hereby confers jurisdiction to enforce the Restrictive Covenants upon the courts of any jurisdiction within the geographic scope of such covenants. If the courts of any one or more of such jurisdictions hold the Restrictive Covenants unenforceable by reason of the breadth of such scope or otherwise, it is the intention of Executive that such determination not bar or in any way affect the right of the Company or its subsidiaries. affiliates, successors or assigns to the relief provided herein in ~[he courts of any other jurisdiction within the geographic scope of such covenants, as to breaches of such covenants in such other respective jurisdictions, such covenants as they relate to each jurisdiction being, for this purpose. severable into diverse and independent covenants. In addition to the foregoing remedies, in the event Executive materially breaches any of Ibc provisions of the Restrictive Covenants, the Company shall have the right to terminate immediately payment and provision of the Severance Benefits in their entirety. (other than vested benefits protected under ERISA and Executive's rights to indemnification and advancement as set forth in Section 2(f)), and such Severance Benefits shall thereupon be forfeited by Executive. The provisions of Section 11 of the Deferred Compensation Agreement shall be applicable to an decision by the Company to terminate payment and provision of Severance Benefits and the second sentence of Section 7(d) shall apply to the preceding sentence. 13. No Violation. The making of this Agreement is not intended to. and shal not, be construed as an admission that Releasees have violated any federal, state or local law (statutory or decisional), ordinance or regulation, breached any agreement, contract, understanding, policy or practice, or committed any wrong whatsoever against Releasors. The parties further agree that this Agreement may be used as evidence only in a subsequent proceeding in which any of the parties alleges a breach of this Agreement. 14. Review and Revocation Period. Executive shall have up to forty-five (45 days from the date of receipt hereof to consider the terms and conditions of this Agreement. Executive may accept this Agreement by signing it before a notau and returning it to Mr. Robe~ G. Miller. Chairman and Chief Executive Officer. Rite Aid Corporation. at 30 Hunter Lane, Camp Hill, Pennsylvania 17011. by no later than the close of business on the forty-fifth (45th) day after Executive receives this Agreement ("Agreement ami Release Return Date"). After signing this Agreement, Executive shall have seven (7) days (the "Revocation Period") to revo} this Agreement by indicating his desire to do so in writing (i) addressed to Mr. Miller at the address listed above, and (ii) received in hand by Mr. Miller no later than the close of business the seventh (7th) day following the date Executive executes this Agreement. The effective date of this Agreement shall be the eighth (Sth) day after Executive executes it (the "Release Effecti Date"). If the last day of the Agreement and Release Return Date or the Revocation Period fall on a Saturday, Sunday, or holiday, the last day of the Agreernent and Release Return Date or ff Revocation Period, respectively, will be deemed to be the next business day. In the event 8 RS-0009 Executive does not accept this Agreement as set forth above, or in the event Executive revokes this Agreement during the Revocation Period. this Agreement. including but not limited to the obligation of the Company to provide the Severance Benefits referred to in Section 2. shall automatically be deemed null and void; provided, that notwithstanding anything herein to the contrary, the date of termination of Executive's employment with the Company shall at all events be July 29. 2000. 15. ~. Executive acknowledges that: (a) he has carefully read this Agreement in its entirety; (b) he has been offered and had art opportunity, to consider fully the terms of this Agreement and the disclosure information attached as Exhibit A provided pursuant to the Older Workers Benefit Protection Act. for a period of at least forty-five (45) days. or where applicable has waived the necessity of a full 45 days: (,:) he has been advised by the Company in writing to consult with an attorney of Executive's choice before signing this Agreement; (d) he fully understands the significance of all of the terms and conditions of this Agreement and he has discussed them with his independent legal counsel, or has had a reasonable opportunity to do so: (e) he has had answered to his satisfaction any questions he has asked with regard to the meaning and significance of any of the provisions of this Agreement: and (f) he is signing this Agreement voluntarily and of his own free will and assents to all the terms and condition contained herein. 16. ~. This Agreement is binding upon, and shall inure to the benefit of, the parties and their respective heirs, executors, administrators, representatives, successors and assigns. 17. ~. Executive's obligations under Sections 4, 5.6.7.9. 10 and 11 o this Agreement and the Company's rights hereunder shall survive the payment oftbe Severance Benefits. 18. ~.: Subject to Section 12. if any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, void, or unenforceable, such provision shall be of no force and effect. However. the illegality or unenforceability of such provision shall have no effect upon. and shall not impair the enforceability of. any other provision of this Agreement; provided, however, that. upon any finding by a court of competent jurisdiction that the release and covenants provided for by Sections 4 and 5 of this Agreement m illegal, void, or unenforceable, Executive agrees either to return promptly to the Company the Severance Benefits theretofore paid and provided to him under this Agreement in their entirety, to execute a release, waiver or covenant (reasonably satisfactory to the Company) that is legal and enforceable and has to the extent permissible under applicable law substantially the effect c the release and covenants provided for by Sections 4 and 5 of this Agreement. Further. if Executive seeks to challenge the validity of or otherwise vitiate this Agreement or any provisio thereof (including, without limitation. Sections 4 and 5), Executive shall, as a precondition, be required to repay to the Company the Severance Benefits the:retofore paid and provided to him under this Agreement in their entirety. 9 RS-O001 19. Notices. All notices and other communications under this Agreement shall be in writing and shall be given by fax or first class mail, certified or registered with return receipt requested, and shall be deemed to have been duly given lhree (3) days after mailing or twenty-four (24) hours after transmission of a fax to the respective persons named below: If to the Company: Rite Aid Corporation 30 Hunter Lane Camp Hill. Pennsylvania 17011 Attention: General Counsel Fax: (717) 760-7867 If to Executive: Robert Souder 108 Lewisberry Road Mechanicsburg, Pennsylvania 17055 Fax: Any party may change such party's address for notices by notice duly given pursuant hereto. 20. ~. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and the parties in any action arising out of this Agreement shall be subject to the jurisdiction and venue of the federal and state courts, as applicable, in the County of Cumberland. Commonwealth of Pennsylvania. 21. ~. This Agreement and[ Exhibits A and B hereto and the Deferred Compensation Agreement as amended by this Agreement constitute the complete understanding between the parties and supersede any and all prior agreements, understandings, and discussions, whether written or oral. between the parties. Without limiting the generality the foregoing, Executive further acknowledges that this Agreement supersedes the Letter Agreement in its entirety, and that'/he Letter Agreement shall be of no further force or effect from and after the Release Effective Date. No other promises or agreements shall be binding unless in writing and executed after the Release Effective Date by the parties to be bound thereby. 22.. Ame dm · Waive. This Agreement may be amended, modified. superseded, canceled, renewed or extended, and the terms or covenants hereof may be waived. only by a written instrument executed by the parties, or in the case of a waiver, by the party waiving compliance. The failure of any party, at any time or times to require performance of an provision hereof shall in no manner affect the right of such party at a later time to enforce the same. No waiver by any party, of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed be, or construed as, a further or continuing waiver of any such breach, or a waiver of the breacl' of any other term or covenant contained in this Agreement. 10 RS-o00] 23. No Conflict with Other A~reements. Executiw: represents and warrants that neither his execution of this Agreement nor the full and complete performance of his obligations hereunder will violate or conflict in any respect with any x~Titten or oral agreement or understanding with any person or entity. 24. Headines. The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. 25. ~. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original bm all such counterparts together shall constitute one and the same instrument. IN WITNESS WHEREOF. the Executive has hereunto set his hand and. pursuant to due authorization, the Company has caused this Agreement to be executed in its name and on its behalf, all as of the day and year set forth below. Date: Date: RITE AID CORPORATION By: Elliot S. Gerson Its: Senior Executive Vice President 11 RS-00012 COMMONWEALTH OF PENNSYLVANIA ) :$$ COUNTY OF CUMBERLAND ) On this-f~ day of July, 2000. before me personally came Robert Souder, to me known and known to me to be the person described in and who executed the Executive Separation Agreement and General Release, and he duly acknowledged to me that he executed the same. Notary~Public I o wp. Cumberland Coon ~.~M_), (.ommlsalon ~trel June 18, COMMONWEALTH OF PENNSYLVANIA ) '.ss COUNTY OF CUMBERLAND .. ) On thi~ day of July, 2000, before me personally came Elliot S. Geraon, w acknowledged that he is lhe Senior Executive Vice President of Rite Aid Corporation to me kno' and known to me to be the person described in and who executed the Executive Separat! Agreement and General Release, and he duly acknowledged to me that he executed the same behalf of Rite Aid_Corporation. N_otary Public ~ [ Notarial Seal I Lincla L. Brown, Notary Public . least ?ennsboro Twp. Cumberland County I My Commission Expires June 18,200~/} ~o on on 12 2~003640-~ou~.v~ R*~"000] 3 -,-mm ~ m~ ~m ~ · . ~ ~o R~ ~0~4 EXHIBIT B Severance benefits have been offered to Timothy Noonan and William Titelman in connection wit~ the termination of their employment with the Company pursuant to individually negotiated arrangements. Name Age Timothy Noonan 58 William Titelman 53 Philip Markovitz 59 Title Interim Chief E~:ecutive Officer. President and CO( Executive Vice ',?resident Senior Vice President 13 P,.S-O 0 15 AGR~.EMENT entered into as of the 12th day of ADril, 1996, by and between RITE AID CORPORATION, with o~fices at 30 Hunter Lane, C~mp Hill, Pe~?qYlvania 17011 an~ the employee named on-the signature page.-o~ tb.%s... Agreement (.~mloyee") · W~=~cF~S, Employee is rendering an~ Corporation ~esires that EmDloyee continue to render valuabiLe services ~o CorpOration; and WHEREAS, to assis% EmDloyee in providing for the contingencies oX death, disability and o1~ age dependency, Corporation and E~l~:~y'ee desire to ente~ into this Agreement ( .Agreement" ) to provide Employee with deferred comDens&tion; NOW, THEP~FORE, CorpOration and ~mployee hereby agree as follows: 1. (a) In ~he event that Employee'S Corporation terminates after EmPloyee has reached age sixt~/ five (65) and has completed at least twenty (9.0)' years of service with corporation, Employee shall be entitle~ to retirement {'Retirement') with the compensation provided in this Agreement. In such event, the corporation shall DaY 'to ~,mloyee, monthly, an amount equal to one ~=welfth (1/12) of fifty (50%)' percent of the average of the three (~) high~s~ annual base salaries paid or. accrued in respect of ttu:ee (3) fiscal years of the corporation within t~he last ~en (10) fiscal, years of the Corporation prior to =ermin~=ion of Eml~loyee'S ~mp. loyment; l~rovided, howeVer, that in the eVent Employee'S Retirement commences after at ].eaSt six (6) months of the fiscal Year in which E~ployee's Retirement takes place have elapse~, that fiscal year shall be included as the tenth year in the calculation of the Retirement Allowance and Employee shall be ~eemed to have been paid an ~nual b~$e salary for t~hat entire ~iscal year at the highest rat~ ~aid to Employee in 'that fiscal year. The monthly amount of such payments shall hereinafter be referred to as the "Retirement Allowance". Monthly payments of Retirement Allowance shall commence on the firs~ day of ~he month neXt followin~ Employee's Retframent and shall continue for one hun~lre~ eighty (180) monuhs. All payments of Retirement Allowance 2 under this Agreement shall be made subject to such withholding and deductions as may b= ~e~-uired by law. ' (b) If the Employee'S service with '~he Cot9oration is terminated or suspended by reason of dis&bility (.Disability'), then regardless of the ~loyee's age or length of service, and provided 'Employee is not then receiving disability payments under Corporation's Long Term' Disability Plan, if reqUested by _~p. loyee and if approved by the Board of Directors in its sole discretion, Corporation shall pay to E~loyee, monthly, commenci:~g on the first day · of the third month next following its receipt of Employee's request, so much of =he Retirement Allowance (determined at .the date of Employee's Disability) as tlLe Board of Directors shall deem apDroDriate. Such monthly pas~ents shall continue un=il the earlier of: (i) the cessation of ~loyee's Di=ability (whether or not Employee returns to active employment with Corporation or with another employer) or (ii) the payment of an aggregate amount of the product of 180 and the Retirement Allowance or (ii) En~loyee's death. EmDloyee shall be deemed to have incurred a Disability only i~ accord/n~ to certification of competent medical authority approved or selecte~ by CorpOration's Board of 3 Directors ('Board of Directors"), Employee is incal~able of performing normal ~u~ies with Corporation ~'t reason o5 a medically determinable physical or menta1- impairment which will l~ersist for an indeterminate period of time. (c) If after receiving mo~%tb, ly Disability payments unde~ this AGreement, .Employee returns to employment with Corporation, the total dollar amount of 'Retirement Allowance received by Employee during Employee's Disability shall, in · any marmer deemed equitable by the Board. of Directors, be subtracted from the aggregate Retirement~ Allowance to which EmplOyee may later become entitled at s~,ch time as that Retirement Allowance becomes payable under this Agree~%ent. HoweVer, there shall n~t be su]~tracted from the Retire.~ent Allowance any payments received ~naer ~=y other disability insurance or program not arising out of this Agreement. 2. (a) Ii Ea-%~loyee' dies while employed by Corporation or while subject to a Disability, Corporation shall pay to Eml~loyee's beneficiary.designated purs~ant to Section 5 6r as otherwise provided in that Section, a f[etirement Allowance the amount of which shall be calculated as if the death had occurred (i) after Employee had comple~:e~l twenty (20) years of service w~th Coz~oration and (ii) a:fter Employee had reache~ age sixty five (65), reduced by one-180th of the aggregan~ amount, if any,~ pai~ to Employee Lurer Section 1 (b). Mont~hly 9aYment of %hat Retirement Allowance shall commence on the firs= day of the month next ~ollowing the date of ~mployee's death and shall continue for one hundred eighty (180) months. (b) If Employee dies after payments under Section i have.commence~, but before payments have been ccmKoleted, the' remaining payments shall be continued to ~ployee's · benefi¢i~ry designated pursuant to Section 5 or as otherwise Drovided in that Section. 3. If ~m~lcyee's en~loyment with Corpora=ion terminates for any reason other than Beti~ement, disability or death, this Agreement shall terminate and no benefits shall be payable to Employee or to any person or entity claiming by, fro~ or through ~...~loyee. 4. If at any time EmPloyee is ~ischsrged for good cause by Corporation with the &cc~uiesce~e of the Board of Directors, or if sub~ecluent to ~mptoyee's retirement, dlsabili~y or ~ea=h, it is discovered ~t ~mDloyae committed a~ act which could have resulted in ~mployee's discharge for good cause by Corporation, had it been known Uo Corporation, this Agreement shall terminate ~n~. any and all rights, ~and benefits of F~oloyee and of any person claiming by, from or through ~lcyee under ~his Agreement shall be forfeite~% an~ ' any benefits then being paid or to be paid in the future shall cease. In the case of an after-di~icovered fact, the Board of Directors shall, determine whether there has been an act which would have Justified a dischar,~e for good cause, ..... ..u.s'ing reasonable and non-discriminatory standards. 5. ~mDlcyee shall designate in ~'iting on. & form delivered to t_he Board of Directors (Attention: chairman).a beneficiary or beneficiaries and successor beneficiaries (including address) to receive the benefits, if any, ~aymble under ~is A~reemen= upon Employee's death. The Board of Directors shall decide which beneficia~.6 or beneficiaries, if any, shall have been validly designated. Such ~esignation of beneficiary may be revoke~ and changed 'by Employee, from time to time, in writin~ on a form delivered, to the Boer~ of Directors (Attention: chairman), and s~all be revoked automatically if =he designated beneficiary or beneficiaries predecease Rmployee, ~n which case a new designation of beneficiary or beneficiaries may be made~' If, at the time of Employee's death no designation of beneficiary is %hen in effect, or following EmDloyee's death, upon t_he death of all succes6or beneficiaries desi~e~ by ~mp:Loyee, all r~i~g RetiZ~t ~lo~ce s~ll be pai~ ~o ~t~loyee's es~a~e. 6. ~m~loyee's rights under ~his Agreement an~ the rights of _~m.nloyee's beneficiary or es=ate may not be assigneCl, transferred, pledged or encumbered. 7. In determining Zm~loyee'~ length of service wi~h Cozl~oration for DurDoses of t.his Agreement there shall be coun~e~anY 7erio~ Of: (~) emDlo~ment wi~h any business entity controlling, controlle~bY or under c~on control with Co~loOration; (b) employment with a~ business entity t. he request of CoIl~orat~on; (¢) service ~rior ~o the.clare this Agreement wi~h any business entity re£~rred an~ (b) of this Section and (d) any ~erio~ of D£sability {whet-her or no= payments o~ the aetiremen= Allowance were ma~e ~o E~loyee as a result thereof). 8. No~hing contained in ~his Agreement shall be construed as conferring uDon ~loyee ~e right to continue in the employ, of CorDora~ion in any ca~acitY and the employment rights of EmDloyee shall be determine~ as if t. his Agreement had never been executed. 9. If at any time after Retirement Employee, .without the prior consent of the Board of Directors, undertakes employment with or provides consulting or a~visory s~rvices to ar~ person or entity engaged in the continental United States: (a) in any business in which Corporation or entity, ea~loyment with which would, for purposes of t~his Agreement, oo~stitute employment by t3ue Corporation, is engaged (whether or not in competition with Corporation or such entity) or (b) in the operation of pharmacy benefit manager, Employee's right to any remaining Retirement AllowanCe otherwise payable under t. his Agreement shall that time cease an~ terminate per~entlY. The pro~risions of this Section 9 shall not be auplicable with respect to em~loym~t by or consulting services tQ a trade association of persons or entities referred to in (a)' of t.h{s Section. 10. The benefits, if any, payable to F~loyee in accorOance'with this Agreement shall not conStitute a segregation of funds or other property for the benefit of Employee or of a~y person or entity'claiming by, from or th~oughEn%oloyee. Nothing contained in this A~reement and no action taken pursuant ~o the provision of =his Agreement shall create or be constrUed as creati~g a trust of a~y kir~ or a fiduciary relationship between Corporation and RmDlcyee or any l~erson or entity c~alming by, from or tbroug'n Employee an~ neither ~mP1°yes nor any person or ent;ity claiming by, from or through En~loyee shall have rights wi~h respect to the benefits under this Agreement greater than the rights of an unsecured general creditor of the Coil)orati°n' 11. (a) The Board of Directors shall have full power · and authority to interpret., construe and ad~inister t_his . Agreement and shall not be liable to Employee or any ~erson or entity claiming by, from or through ~loyee for any action taken or omitted in connection wi~h the inte~retation,, construction or administreti°n or this Agreement an~ no action taken or omitted by the Board of DirectOrS in connection with the interpretation, construction or administration of any similar or dis~-~imilar a~reement. between Corporation and any other emDloyee of Corporation shall by reason of t~-s Agreement create any ca=se of action in Employee or an~ person or entity clalming by, from or through Employee. All decisions, interpretations en~ actions o£ the Board of Directors taken in connection with this Agreement, including any claims for benefits made under t_his Agreement, shall be conclusive, final ~u~d binding on all parties- (b) If the Boar~ of Directors ~eni¢= the claim of an Employee or of any person claiming by, from or Employee (& .Claimant') for payment of the Retirement Allowance un, er this Agreement, the Board of Directors shall provide wri=ten z~otice,, within sixty (60) days after receipt of the claim, setting forth in a manner calcul&ted to be unclerstoo~ by the Claimant; (i) the specific reasons for such deni&l; (ii) the specific reference to the provisions of ~his Agreement on which denial is based; (iii) a ~escription of z'~¥ additional material or information necesS&ry to perfect the claim and an exDlanation o~ why such material or information is nee~ecl~ and (iv) an explanation of this Agreement's claim review procedure an~ the time limitations of this subsection applicable thereto. EmDloyee or any Claimant whose claim for payment of the Retirement J~llowance has been denied may reqUeSt review lO by the Board of Directors of the denied claim by notifying the Board o~ Directors in writing within sixty (60) after receipt of the notification of cla~ denial. ~ part of said review pro~e, the ~loyee or ClaPt or their authorize~ r~resentatives ~Y revi~ pe:~tinent ~ts s%~it isles ~d co~ts to the Boa~ of Directors ~it~g. The Boar~ of Directors shall r~er its decisi~ ~loyee or the Cla~nt in ~iting in a m~nner cal~late~ to be ~erstoO~ ~ ~e ~loyee or clai~% not later sixty (60)' ~ys after recei~t of the re.eSt for revi~, ~less special circ~3m~t~ces re~ire ~ ~t~n~iOn' of w~ch case ~ecision s~ll be ren~er~ as soon a~ter (60) ~Y period as poss~le, ~t not' later t~ one h~e~ tw~ty (120] days after re~iPt of the re.est for The decision on review s~ll state the specific ~erefor ~d ~e specific A~e~t references on w~ch it based. 12. This Agreement shall be bin~Lng upon an~ inure to %he benefit of this Corporation, its successors and assigns, and ~mployee, Employee's beneficiary, i~eirs, executors, ac]ministra%ors and legal representatives. 13. Failure to insist upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of ~uch term, covenant or condition, nor shall any waiver or relinquishment of ar~ right or power here=n~er at any one time or more times be deemed a waiver or relinquishment of such right or power at ~ other time or times. 14. If any clause, sentence, paragraph, section or part of this Agreement shall be held by any.court of co, stent jurisCliction to be ir~valid, such Judgmen'= shall not a~fec%, impair or invaliOate the remainder hereof. 15. Any notice r~czuiredor perm£tt.ed to be given under this Agreement shall be sufficient if in writing and s~nt by registered or certi~ie~ mail; if to EmD].oyee, to t. he address shown on t_he books of Corporation; and if to CoZ13oration, to the address shown above or s~ch other address as Corporation may have designated in w~iting, or if actually received bY the person to whom sent. 16. This Agreement shall be subje~ct to en~ construe~ in accordS-hca with the laws of the Common~realth of Pennsylvania · where it is 'rode without conflict of lew. giving effe¢:t to princiDles o~ ~i~WITN~SS WHI~EOF, Coi~Oretion has ,;ause~ this Agreement to be e~ec~teabY its duly euthorize~ officer ~n~ Employee has hereunder set ~mployee'S b~las of th~ a~te first shove written. IraTE AID O ORATION ¥ --~f/1 L. GraSS . __~ chief Executive Officer . DESIGNATION OF BENEFICIARY To: In nccont~ce with the Dt~crred Compensation Agreement grunted to me by Rite Aid Corporation, I hereby desisn~ the followiu8 be~sf~chties to receive any ?rimary Beueflc~r~ (or Benefiahflu): VERIFICATION I, Robert B. Sari, hereby state that I am the Senior Vice President, General Counsel & Corporate Secretary Rite Aid Corporation; that I am authorized to make this verification on behalf of plaintiff in the foregoing action; that I have personal knowledge of the statements made in the foregoing Amended Complaint; and that the statements rnade in the Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements in this verification are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 14 BALLARD SPAHR ANDREWS & INGERSOLL, LLP By: William A. Slaughter Hara K. Jacobs Peter C. Amuso PA ID Nos. 30637, 74832 & 80182 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 (215) 665-8500 RITE AID CORPORATION 30 Hunter Lane Camp Hill, PA 17011 Plaintiff, ROBERT SOUDER 108 South Lewisberry Road Mechanicsburg, PA 17055 Defendant. Attorneys for Plaintiff Rite Aid Corporation CUMBERLAND COUNTY, COURT OF COMMON PLEAS CIVIL ACTION NO. 03-3059 CIVIL ACTION CERTIFICATE OF SERVICE I hereby certify that on October 21, 2003, a tree and correct copy of the Amended Complaint of plaintiff Rite Aid Corporation was served via first class mail, postage prepaid upon: Thomas L. Wenger, Esquire Wix, Wenger & Weidner 508 North Second Street Harrisburg, PA 17108 Attorney for Plaintiff 14 -,/ 2003 EASTERN SAVINGS BANK, FSB Plaintiffs VS · STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants : NO. IN THE COURT OF COMMON PLEAS CUMBERLAND cOUNTY,ENNSYLVANIA 03-2704 CIVIL MORTGAGE FORECLOSURE ORDER OF COUR~ AND NOW, this ~' day of ~'~ , 2003, upon consideration of the stipulation filed by the parties in this case dated November 28, 2003, it is hereby ordered as follows: 1. The judgment against Dabis Camaro in this case is hereby opened and vacated. 2. The action against Dabis Camero is hereby dismissed with prejudice. 3. The name of Dabis Camero shall be removed from the caption of the case and defendants Stephen S. Benion and Luisa F. Benion shall be the only named defendants in the caption. 4. The averments in the complaint against Dabis Ca/nero shall be deemed withdrawn. 5. Dabis Camero shall have no liability for the debt secured by the mortgage in chis action. Page 1 of 2 6. By signing the sti~ulation, Eastern Savings Bank, FSB has not waived any of its rights to pursue this action and its judgment against Stephen S. Benion and Luis& F. Benion. BY THE COURT= Page 2 of 2 ~qNVA'IA~N~ EASTERN SAVINGS BANK, FSB, Plaintiff Vo STEPHEN S. BENION and LUISA F. BENION and DABIS CAMERO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2704 CIVIL MOB~iI. AGE FOR~CLOSUR~ attorney~ STIPULATION NOW thi. day of ' 2003, it is stipulated between plaintiff, Eastern Savings Bank, FSB, by its and defendants, Stephen S. Benion, Luisa F. Benion and Dabis Camero, as follows~ BACKGROUND Eastern Savings Bank, FSB filed a mortgage foreclosure action against Stephen S. Benion, Luisa F. Benion and Dabis Camero as real owners of the property at 4401 Packard Lane, Han~den Township, Cumberland County, Pennsylvania (Can~ Hill, PA 17011), alleging a default under a mortgage and note given by Stephen S. Benion and Luisa F. Benion to Eastern Savings Bank, FSB. The real property was titled in the n~mes of Stephen S. Benion and Luisa F. Benion, his wife at the time they gave the mortgage and note to Eastern Savings Bank on February 26, 1999. Subsequently, Stephen S. Benion and Luisa F. Benion transferred title to the real property to Stephen S. Benion and Lulsa F. Benion, his wife and Dabis Camero by deed dated February 16, 2000 and recorded in Deed Book 216, Page 386. Dabis Camero did not P&ge i of 3 sign the note or mortgage but was named a defendant in the foreclosure action as required by Pa.E.C.P. 114& since he was an ovmer of the property. Eastern Savings Bank took a default ~udgment in the mortgage foreclosure action against all defendants on ~uly 21, 2003 but defendant Dabis Camero filed a petition to open or strike the judgment on July 31, 2003. Eastern Savings Bank and Dabls C~m~ro have reached settlement whereby Dabis Camero has reconveyed his interest in the real proDerty to Stephen S. Benion and Luisa F. Benion, his wife and the parties are desirous of having the judgment against Dabis Camero vacated and the action against him dismissed. NOW THEP~EFORE, 1. The judgment against Dabis Camero in this case shall be opened and vacated. 2. The action against Dabis C~mero shall be dismissed with prejudice. 3. The name of Dabls Camero shall be removed from the caption of the case and defendants Stephen S. Benion and Luisa F. Benion shall be the only named defendants in the caption. 4. The averments in the com~laint against Dabis Camero shall be deemed withdrawn. 5. Dabis Camero shall have no liability for the debt secured by the mortgage in this action. Page 2 of 3 6. By signing this stipulation, Eastern Savings Bank, FSB has not waived any of its rights to pursue this action and its judgment against Stephen S. Benion and Luisa F. Benion. ?. This stipulation may be signed in counter parts. IN WITNESS WHEREOF and intending to be legally bound hereby the parties e~ecuted this stipulation. Respectfully submitted by: j--~ ~mith Dietterick & CODnelly LLP Attorney for Eastern Savi~S Bank, FSB Stephen S. Benlon ~is c~ero Kent H. Patterson Attorney for Dabis Csunero Page 3 of 3 6. By signing this stipulation, Eastern Savings Bank, FSB has not waived any of its rights to pursue this action and its judgment against Stephen S. Benion and Luisa F. Benion. 7. This stipulation may be signed in counter parts. IN WITNESS WHEREOF an~ intending to be legally bound hereby the parties executed this stipulation. Respectfully submitted by~ James Smith Dietterick & Connelly LLP Scott A. Dietterick Attorney for Eastern Savings Bank, FSB Stephen S. Benion Luis& F. Benion Dabis Camero Kent H. Patterson Attorney for Dabls Camero° Page 3 of 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ,~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Spica Pror~erties Inc is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 24th day of July, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 2704, at the suit of Eastern Svings Bank FSB against Stet~hen S Benion & Luisa F & Dabis Camero is duly recorded in Sheriff's Deed Book No. 261, Page 1102. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /c2-d~ day of ~/~~ Recorder of Deeds Eastern Savings Bank, FSB VS Stephen S. Benion, Luisa F. Benion And Dabis Camero In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2704 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Stephen S. Benion, Luisa F. Benion and Dabis Camero but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendants, Stephen S. Benion, Luisa F. Benion and Dabis Camero. The house located at 4401 Packard Lane, Camp Hill, PA is vacant. The post office has no forwarding information for Stephen Benion. The post office gave a forwarding address of 3863 Union Deposit Road, Harrisburg, PA 17109 for Luisa F. Benion. The post office gave a forwarding address of Tell-Us-Call-Center, 400 S. Beverly Drive, Suite 213, Beverly Hills, CA 90212 for Dabis Camero. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Luisa F. Benion, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Dauphin County Return: I, Jack Lotwick, Sheriff of the County of Danphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Luisa F. Benion, the defendant named in the within Real Estate Writ and Notice of Sale, and that I am unable to find her in the County of Dauphin, and therefore return same NOT FOUND, October 15, 2003. Comments: Need better address. As per UPS Store, manager states that he is not familiar with the defendant. She does not have a box at this store. So answers: J.R. Lotwick, Sheriff of Dauphin County, PA. R. Thomas Kline, Sheriff, who being duly sworn according to law states that on October 14, 2003 at 4:30 o'clock PM he served the within Real Estate Writ, Notice of Sale and Description upon Dabis Camero in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested, restricted delivery, deliver to addressee only to the defendant's last known address of Tell-Us-Call-Center, 400 S. Beverly Drive, Suite 213, Beverly Hills, CA 90212. The unopened letter was returned to the Cumberland County Sheriff's Office on November 10, 2003 marked "unclaimed." Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 11:44 o'clock AM he posted a true copy of the within Real Estate Writ, Notice of Sale, Poster and Description upon the property of Stephen S. Benion, Luisa F. Benion and Dabis Camero located at 4401 Packard Lane, Camp Hill, PA 17011 according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum orS1.00 to Attorney Scott Dietterick for Spica Properties, Inc. It being the highest bid and best price received for the same, Spica Properties, Inc. of 11350 McCormick Road, Suite 200, Hunt Valley, MD 21031, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $872.73, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 17.11 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.32 Certified Mail 8.15 Levy 15.00 Surcharge 40.00 Out of County 9.00 Dauphin Cotmty 30.50 Law Journal 311.90 Patriot News 225.85 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $ 872.73 Sworn and subscribed to before me This __ day of 2OO3, A.D. Prothonotary So Answers: R. Thomas Kline, Sheriff Real Estate l~eputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. CO PY Sworn to and,~ub~bribed"X~ / /' ~before me.Y. his 19th day~ Noverp~ 2003 A.D. s A, E ,2, Te L.R~I, No~P~ ~ [/~. ~ vi //I I~ ~1 .... / N~ARY PUBL C My ~i~ Ex~r~ d~e ~, z~ / Member, PennsylvaniaAmsocia&unOfN(Xa~es My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COUR'rHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 225.85 Publisher's Receipt for Advertising Cost , publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general e receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. 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: OCTOBER 17, 24, 31, 2003 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. I~EAL ESTATE SALE NO. 21 Writ No. 2003-2704 Civil Eastern Savings Bank. FSB Stephen S. Benion. Luisa F. Benion al~d Dabis Camero Atty.: Scott Dietterlck EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Hampden Township, Currlberland CounCy, Pennsylvania. known as Lot # 1 on the subdivision plan of Samuel J. Boutselis, pre- pared by D.P. Raffensperger, and recorded in the Office of the Re- corder of Deeds of Cumberland County on November 26. 1979 in Plan Book 37, Page 4. more par- ticularly bounded and described as follows: BEGINNING at a point on the western line of St. John's Drive. SWORN~O AND SUBSCRIBED before me this 31 day of OCTOBER, 2003 NOTARIAL SEAL LOIS E. SNYDER, Notmy Public Carlisle Boro, Cumberland County My Commission F. xplms Id~h 5, L~O05 western line of St. John's Drive. which point is thc northeast corner of Lot No. I of the subdivision of Samuel J. Boutselis, prepared by D. P, Rai'fensperger, and recorded in the Office of Cumberland County, Pennsylvania. Recorder of deeds in Plan Book 37-4 on November 26. 1979; thence. South 00 degrees 15 minutes East a distance of 175,0 feet to axa iron pin; thence, south 89 degrees 45 minutes West a dis- tance of 125.0 lket [being the divid- ing line between Lot No. 1 and Lot No. 3 on said subdivision plan) to an iron pin; thence, north O0 de grees 15 minutes West 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 degrees 45 minutes East a dis tance of 125.0 feet 1o the point and place of BEGINNING. HAVING thereon erected a dwell- ing house being known and num- bered as 4401 Packard Lane. Camp Hill, Pennsylvania 17011. BEING the same premises which Stephen S. Benion and Luisa F. Benion, his wife, by Deed dated February 16. 2000 and recorded on February 18. 2000 in and lbr Cum- berlartd County, in Deed Book Vol- ume 216. Page 382, granted and conveyed unto Stephen S. Benion, Luisa F. Benlon. his wife, and Dabis Tax Map No.: 10-20-1846, Par cci No.: 130B. vs. ) ) ) } ) } ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHANNON L. MANDERBACH, Plaintiff CIVIL ACTION - LAW ERIC J. MANDERBACH, Defendant NO. 2004-2704 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 2. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plain- tiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. II COUNT III - ALIMONY PENDENTE LITE 5. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 6. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 7. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 9. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. Q~ Sa el L. An Attorney for Plaintiff Supreme Court ID '17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II I I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: ;)-I-tJ5 Vt..j,j".l SHANNON L. f;fl,~a,cl- DERBACH CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Barbara Sumple Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Date: 7 February 2005 ~~ W. ~\t)t1Alllrn Amy M. . rkins "- Secretary for Samuel l. Andes '11 '_.:J ~.~ ---" , C-r-0 ',..,-,'" r~ ~d ~ c::A- ~ .r