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13-3431
Supreme Co .r - Pennsylvania CO f -C&I 0 leas For Prothonotary Use Only: Iril ' ov erte t �' Docket No: 5 7' r Cu , erland a ) ; y yjj _ County 3 3431 r1 u , The information collected on this form is used solely for court administration pui poses. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: 0 Complaint ® Writ of Summons ® Petition 1 S Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Beneficial Consumer Discount Company Robert and Alyssa Ciochetto T Dollar Amount Requested: nwithin arbitration limits T Are money damages requested? ® Yes 0 No (check one) ®outside arbitration limits O N Is this a Class Action Suit? El Yes El No Is this an MDJAppeal? Yes Xi No A, Name of Plaintiff/Appellant's Attorney: Kevin P. Diskin, Esq. Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 13 Intentional [3 Buyer Plaintiff Administrative Agencies Malicious Prosecution [3 Debt Collection: Credit Card Board of Assessment Motor Vehicle M Debt Collection: Other ® Board of Elections Nuisance ® Dept. of Transportation Premises Liability [3 Statutory Appeal: Other S Product Liability (does not include E Employment Dispute: mass tort) Slander/Libel/ Defamation Discrimination C ® Other: ® Employment Dispute: Other ® Zoning Board T [3 Other: I [J Other: O MASS TORT Asbestos N ® Tobacco ® Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: � Ejectment ®Common Law /Statutory Arbitration B ® Eminent Domain/Condemnation ® Declaratory Judgment ® Ground Rent [3 Mandamus El Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial Quo Warranto El Dental ® Partition E3 Replevin Legal [] Quiet Title ® Other: Medical E] Other: n Other Professional: Updated 1/1/2011 STEVEN K. EISENBERG ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572 -8111 C' .1; FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) C"r"' ..c IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA --� FOR CUMBERLAND COUNTY s A, x CZ) Beneficial Consumer Discount Company, d/b /a YrT� r- . :z' . Beneficial Mortgage Co. of Pennsylvania 2929 Walden Avenue Depew, NY 14043 Civil Action Number: V. Robert F. Ciochetto /3 - 3g3 6 Woodmere Drive Camp Hill, PA 17011 -7941 COMPLAINT IN MORTGAGE FORECLOSURE Alyssa C. Ciochetto 120 Ore Bank Road l Dillsburg, PA 17019 /0 3. 'ls /�` Defendant(s) CiV-51 7 9 o / p 2 CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within expuestas en las paginas siguientes, usted twenty (20) days after this complaint and notice tiene veinte (20) dias de plazo al partir de la are served, by entering a written appearance fecha de la demanda y la notificacion. Hace personally or by attorney and filing in writing falta asentar una comparencia escrita o en with the court your defenses or objections to the persona o con un abogado y entregar a la claims set forth against you. You are warned that corte en forma escrita sus defenses o sus PA Complaint 1 -A(CML Owner) 11Decl2Ver3.0 if you fail to do so the case may proceed without objeciones a las demandas en contra de su you and a judgment may be entered against you persona. Sea avisado que si usted no se by the court without further notice for any money defiende, la corte tomara medidas y puede claimed in the complaint or for any other claim or continuar la demanda en contra suya sin relief requested by the plaintiff. You may lose previo aviso o notificacion. Ademas, la money or property or other rights important to corte puede decidir a favor del demandante y you. requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede YOU SHOULD TAKE THIS PAPER TO A perder dinero o sus propiedades u otros LAWYER AT ONCE. IF YOU DO NOT HAVE derechos importantes para. usted. A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET Lleva esta demanda a un abogado FORTH BELOW TO FIND OUT WHERE YOU inmediatamente. Si no tiene abogado o si CAN GET LEGAL HELP. THIS OFFICE CAN no tiene el dinero suficiente de pagar tal PROVIDE YOU WITH INFORMATION servicio, vaya en persona o flame por ABOUT HIRING A LAWYER. telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar IF YOU CANNOT AFFORD TO HIRE A donde se puede conseguir asistencia legal. LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800 - 990 -9108 717- 249 -3166 PA Complaint 1- A(CMI, Owner) 11DecUW6.0 NOTICE PURSUANT TO FAIR DEBTOR COLLECTION PRACTICE ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. PA Complaint 1 -A(CML Owner) 1113ec12W6.0 t. r• STEVEN K. EISENBE.RC.i. ESQIARE. (75736) KEVIN P. DISKIN, ESQUIRE (8672.7) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA. ESQUIRE (308909) STERN & EISI NBERG. PC TIDE PAVILION 261 OLD YORK ROAD, S1. ITE 410 JE:NK.INTOWN, PENNSYLVANIA .1.9046 TELEPHONE: (215) 572 -8111. FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY BENEFICIAL CONSUMER DISCOUNT COMPANY, D /B /A BENEFICIAL MORTGAGE CO. OF CIVIL ACTION NUMBER: PENNSYLVANIA 2929 WALDEN AVENUE DIPEW, .NY 1404 3, COMPLAINT IN Plaintiff, MORTGAGE FORECLOSURE V. ROBERT F. CIOCHETTO 6 WOODMERE DRIVE CAMP HILL, PA 17011 -7941. A.I..YSSA C. C.IOCH.E".ITO 1.20 ORE BANK ROAD DILLSBURG, PA 17019 Defendant(s). CIVIL ACTION/MORTGAGE FORECLOSURE 1. This is an action to foreclose a mortgage brought on behalf of Plaintiff BENEFICIAL CONSUMER DISCOUNT COMPANY, D /B /A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA. PA Complaint 1 -A (CML Owner) I IDEC12ver3.0 1 L 2. The Defendant(s), ROBERT F. CIOCHETTO ( "Mortgagor(s) ") are the real owner(s) of the mortgaged property hereinafter described. The last known address of Mortgagor(s) is 6 WOODMERE DRIVE, CAMP HILL, PA 17011 -7941. 3. The Defendant(s), ALYSSA C. CIOCHETTO ( "Mortgagor(s) ") is a borrower on the loan in default. The last known address of Mortgagor(s) is 120 ORE BANK ROAD, DILLSBURG, PA 17019. 4. Attached hereto as Exhibit "A" is a true and accurate copy of the promissory note and/or loan agreement ( "Note ") bearing the date of NOVEMBER 21, 2006, in which ROBERT F. CIOCHETTO and ALYSSA C. CIOCHETTO promised to pay the sum of $163,299.43 ( "Loan "). 5. Attached hereto as Exhibit `B" is a copy of the mortgage ( "Mortgage "), dated NOVEMBER 21, 2006 and bearing the names of Mortgagors, as the mortgagors, on real estate together with all improvements thereon, located at 6 WOODMERE DRIVE, CAMP HILL, PA 17011 -7941 ( "Real Estate "). A true and accurate copy of said Mortgage is attached as Exhibit "A ". The Mortgage was duly recorded on NOVEMBER 27, 2006, at Book 1974, Page 755, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania. 6. The Real Estate subject to the Mortgage is described in the legal description attached hereto as Exhibit "C ". 7. The Mortgage is in default because the payments due and secured by the Mortgage have not been made. The Loan is currently due for the JUNE 2011 payment and all payments thereafter. 8. The business records maintained by Plaintiff demonstrate that the Notice of Intention to Foreclose was mailed, by registered or certified mail, to Mortgagor(s) at PA Complaint 1 -A (CML Owner) I I DEC 12ver3.0 2 Mortgagor(s)' last known address and, if different, to the address of the Real Estate ( "Notice ") on the date set forth in the Notice. A true and accurate copy of the Notice is attached as Exhibit "D ". A Notice of the Homeowner's Emergency Assistance Program was not mailed to the Mortgagor(s) because Act 91 was suspended from August 2011 thru October 2012. 9. As of MAY 28, 2013, there is due and owing amounts secured by the Mortgage in the sum of $203,246.49, which amount due includes the following: Principal Balance: $157,455.39 Interest through MAY 28, 2013 at the Current Rate of 9.50000%: $42,428.05 Advances for Taxes: $2,594.69 Advances for Hazard Insurance: $1,149.00 Advances for Private Mortgage Insurance: $0.00 Total: $203,627.13 Less Suspense Balance or Escrow surplus, if any: $380.64 Less Restricted Escrow Balance, if any: $0.00 Total Amount Due or Owed: $203,246.49 The per diem interest due from MAY 29, 2013 is $40.9815. These itemized amounts may not include all fees currently due and owing under the Note and secured by the Mortgage, including certain late fees, inspection charges, property preservation expenses, and attorney's fees, since Plaintiff has decided to forgo collecting those fees, but that decision does not indicate that such fees were not properly due and owing at the time of any prior communications to the borrower(s) on the Note. PA Complaint 1 -A (CML Owner) 11 DEC 12ver3.0 3 WHEREFORE, Plaintiff demands in rem judgment against the Defendant in the sum of $203,246.49, together with the current interest at the rate of 9.50000% and other costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged property. By: STSRN G, P STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE JACQUELINE F. McNALLY, ESQUIRE LESLIE J. RASE, ESQUIRE LEN M. GARZA, ESQUIRE CHRISTINA C.VIOLA, ESQUIRE, Attorneys For Plaintiff VERIFICATION I am Y and Asst Sec of the Administrative Services Division of the Plaintiff and do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff and the facts set forth in paragraphs 1 through 9 of the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties relating to unsworn falsification to a oriti s. By: Si atur lu- Printed Name of Signatory On behalf of BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B /A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA VP and Asst. Sec, Its: Admin Serv. Div Signatory's Title PA Complaint 1 -A (CML Owner) 11 DEC I 2ver3.0 4 LOAN AGREEMENT i Including Truth -In- Lending Disclosure Lender: (Called "We ", "Us ", "Our°) BENEFICIAL CONSUMER DISCOUNT COMPANY D /B /A BENEFICIAL MORTGAGE CO OF I PENNSYLVANIA 4910 CARLISLE PIKE j SUITE 104 HAMPDEN CENTER MECHANICSBURG, PA 17050 Borrowers: (Called "You ", "Your") ROBERT F. CIOCHETTO ALYSSA CIOCHETTO 6 WOODMERE DR CAMP HILL, PA 17011 Date of Loan: 11/21/2006 Loan Number: In this agreement, "you ", "your" mean the Borrower(s) who signs this agreement. "We ", "us" and "our" refer to the Lender. This agreement covers the terms and conditions of your loan. It is important to us that you clearly understand the features of your loan. Please read this agreement carefully, and ask us any questions you may have. Truth -in- Lending Disclosure ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments The dollar amount The amount of The amount you will i The cost of your credit the credit will cost credit provided to have paid after you have as a yearly rate. you. you or on your made all payments as behalf. scheduled. 8.383% $248,517.34 ("e ") $154,999.46 $403,516.80 ( "e ") Your payment schedule will be: Number of Payments Amount of When Payments are Due ( "a") Payments 1 $1,373.12 Day 21 of each month thereafter. 11 $1,373.12 Day 21 of each month thereafter. 12 $1,338.04 Day 21 of each month thereafter. 12 $1,303.85 Day 21 of each month thereafter. 12 $1,270.58 Day 21 of each month thereafter. 12 $1,238.30 Day 21 of each month thereafter. 12 $1,207.05 Day 21 of each month thereafter. 11/21/200613:47 0315LE07 �III1W� lIVIII�IWQ�V�U�IDIViIiIUIifJ C09DA7FA11.87 - CET - 8 EX IBIT „ ETTO ORIGINAL 12 $1,176.89 Day 21 of each month thereafter. 12 $1,147.86 Day 21 of each month thereafter. 12 $1,119.99 Day 21 of each month thereafter. 12 E E$E1,067.87 .32 Day 21 of each month thereafter. 240 Day 21 of each month thereafter. "e" means an estimate YOU ARE GIVING US A SECURITY INTEREST IN THE REAL PROPERTY AS DESCRIBED IN THE MORTGAGE AND LOCATED AT: 6 WOODMERE DR CAMP HILL, PA 17011 Late Charge If your monthly installment is not paid in'lull within 10 day(5) after it is due, you will be charged a late charge equal to 5% of the full amount of the monthly installment. Prepayment You may prepay your loan in full or in part at any time. If you pay off your loan early, you may have to pay a penalty and you will not be entitled to a refund of that part of the Finance Charge consisting of any prepaid finance charges. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. The Settlement Statement provides your disbursements and the itemization of the Amount Financed. The figure disclosed in the Annual Percentage Rate box on page one is a composite Annual Percentage Rate which reflects the effect of the various interest rate reductions over the term of your loan. Your payment schedule assumes that all payments are received on the due date. See the "Adjustment to Contract Rate (Pay Right Rewards Program)" section of this agreement. ABOUT THE SECURITY: Your Obligation to Insure You shall keep the structures located on the real property securing your loan insured against damage caused by fin: and other physical hazards, name us as a loss payee and deliver to us a loss payable endorsement. If insurance covering the real property is canceled or expires while your loan is outstanding and you do not reinstate the coverage, we may obtain, at our option, hazard Insurance coverage protecting our interest in the real property as outlined below. Real Property Taxes and Homeowners Insurance covering fire and other hazards on the real Homeowners Insurance property security is required, naming us as a loss payee for the term of your loan. You shall pay us on the day that monthly installments 11/21/2006 13:47 Page 2 of 7 0315LE07 Il��l lllllflllll lflllllllllll��l[ I���I���Il�lll�llllll�llllllllll�ll�ll�ll��l��ll� C09DA7FA11- 87 - CET- 8 - 000 - 03151E - Z- 2 - O " CIOCHETTO " ORIGINAL 1 are due under this agreement, an additional sum (the "Funds ") to be used to provide for payment of amounts due for (a) taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the real property; (b) leasehold payments or ground rents on the real property, if any. (c) premiums for any and all insurance required by us under this agreement and the Mortgage ( "Escrow Items"). You will pay us the Funds for Escrow Items unless we waive your obligation to pay the Funds for any or all Escrow Items. We may waive your obligation to pay us Funds for any or all Escrow Items at any time. Any such waiver must be in writing. In the event of such waiver, you will be solely responsible for paying the amounts due for any Escrow Items directly and, if we require, you shall famish us with receipts evidencing such payment within such time period as we may reasonably require. Title Insurance Title insurance on the real property security is required, naming us as a loss payee. You must purchase title insurance or its local equivalent protecting our lien on the real property as a condition to obtaining your loan. You may purchase title insurance from any title insurance provider you choose that we reasonably believe provides sufficient financial protection to us. You request such title insurance and authorize us to deduct the costs of the title insurance from your loan proceeds in order to pay the title insurance provider. Lender's Right to Place You authorize us, at our option, to obtain hazard insurance coverage Hazard Insurance on the real property in an amount not greater than the outstanding balance of principal and interest on your loan or, if known to be less, the replacement value of the real property, in the event that you fail to maintain the required hazard insurance outlined above or fail to provide adequate proof of its existence. You authorize us to charge you for the costs of this insurance. We may choose to add the insurance charges to the unpaid balance of your loan, which will accrue interest at the Contract Rate, or bill you for the annual premium on a periodic basis. The addition of the insurance charges due might increase the amount of your final monthly installment. The cost of lender - placed hazard insurance might be higher than the cost of standard insurance protecting the real property. The lender - placed insurance will not insure the contents of the real property or provide liability coverage. The insurance might not be the lowest cost coverage of its type available and you agree that we have no obligation to obtain the lowest cost coverage. We or an affiliated company might receive some benefit from the placement of this insurance and you will be charged for the full cost of the premium without reduction for any such benefit. If at any time after we have obtained this insurance, you provide adequate proof that i you have subsequently purchased the required coverage, we will cancel the coverage we obtained and credit any unearned premiums to your loan. 11/21/2006 13:47 Page 3 of 7 031SLE07 111111111111111111111111 milli 11111111n1111111 C09DA7FA11- 87 - CET - 8 - 000 - 0315LE - Z - 3 - O " CIOCHETTO ^ ORIGINAL ABOUT YOUR LOAN REPAYMENT: SCHEDULED MATURITY DATE 11/21/2036 PREPAID FINANCE CHARGES $8,299.97 MONTHS OF CONTRACT 360 PRINCIPAL $163,299.43 CONTRACT RATE (per year) 9.500% I AMOUNT FINANCED $154 Promise to Pay You agree to the terms of this agreement and promise to pay us the principal (Amount Financed plus prepaid finance charges consisting of Origination Fee/Points and Closing Fee) plus interest which is computed at a rate of 9.500% (the "Contract Rate"). You agree to pay us in monthly installments as stated in the Payments provision of this agreement. YOU also agree to pay us: (a) other charges as provided in this agreement; (b) credit insurance charges, if any; (c) collection costs permitted by applicable law, including reasonable attorneys' fees otherwise due under your Mortgage and (d) any other charges reflected in your settlement statement. Interest Interest will be charged on the unpaid principal until the full amount of principal has been paid. You will pay us interest at a yearly Contract Rate of 9.500 %. The interest rate you will pay will change In accordance with the "Adjustment to Contract Rate (Pay Right Rewards Program)" section of this agreement. The interest rate required by this provision (and the Adjustment to I Contract Rate [Pay Right Rewards Program] provision of this agreement) is the rate you will pay both before and after any default as described in this agreement. Payments Time and Place of Payments You will pay us principal and interest by paying your monthly installments. You will make your monthly installments to us on the same day of each month beginning on or about 12/21/2006. You will make these monthly installments every month until you have paid all of the principal and interest and any other charges described herein that you may owe under this agreement. Your monthly installments will be applied to interest before principal. If, on the Scheduled Maturity Date, 11/21/2036, you still owe amounts under this agreement, you will pay those amounts in full on that date, which amount will include interest at the then current Contract Rate or any such other rate as required by law. 11/21/2006 13:47 Page 4 of 7 0315LE07 I � � ® ®III IIfl ��� IIB l0 � � � �l lla 1111 111 �lll 1111 1111 1111 1111 ll� 11111 11111 1111 lil ll� l�i�l l l� C09DA7FA 11- 87 - CET- 8 - 000 - 0315LE - Z-4 - 0 " CIOCHMO " ORIGINAL i You will make your monthly installments at the address shown on page one or at the address shown on your monthly billing statement or at a different place that we may give you. Amount of Monthly Installments Your initial monthly installment will be in the amount of $1,373.12, plus the amount of any optional insurance or funds for escrow you elected. Your monthly installment amount will change if the interest rate that You must pay changes. We will determine your new interest rate and the changed amount of your monthly installment in accordance with the Adjustment to Contract Rate (Pay Right Rewards Program) provision of this agreement. Adjustment to Contract Rate The Contract Rate of 9.500% will decrease by 0.30% beginning with (Pay Right Rewards the thirteenth (13th) month after every twelve'(12) consecutive monthly Program) periods where all monthly installments were made in full within 30 days of their due date. Up to a maximum of 10 Contract Rate reductions are available during the term of your loan. For each Contract Rate reduction, the monthly installment will be reduced accordingly. Notwithstanding anything to the contrary in this paragraph, you will not receive any Contract Rate reductions or the reduced monthly installment after 24 periods of delinquency. A "period of delinquency" is defined as any monthly installment that is received more than 30 days past its due date. Consecutive monthly installments received more than 30 days past their respective due dates each count as separate periods of delinquency. Prepayment Subject to the prepayment penalty described below, you may prepay art at an time. If you a off p Y your loan in full or in p Y Y pay your loan early, you may have to pay a penalty and you will not be entitled to a refund of that part of the Finance Charge consisting of any prepaid finance charges. Prepayment Penalty Your loan contains a prepayment penalty. If you prepay the entire outstanding balance of your loan at any time within 24 months of the Date of Loan, 11/21/2006, you agree to pay a prepayment penalty equal to 6 months interest calculated at the Contract Rate in effect at the time of prepayment on the unpaid principal balance. No prepayment penalty will be imposed: (a) if your loan is refinanced by another loan with us; (b) after 24 months; (c) if your loan is prepaid from the proceeds of any insurance; or (d) if we sue you. Late Charge If your monthly installment is not paid in full within 10 day(s) after it is due, you will be charged a late charge equal to 5 %, of the full amount of the monthly installment. Bad Check Charge You agree to pay $20.00 each time any check or payment is made on your loan by any means, including but not limited to, a check or ACH (our Authorization to Debit Account), which is returned unpaid by your bank or other financial institution for any reason. Additional Charges You agree to pay any amounts actually incurred by us for services rendered in connection with the opening and servicing of your ban, as allowed by law. These amounts may include fees for appraisals, title 11/21/2006 13:47 Page 5 of 7 O315LEO7 II1II1 1IN�Ilf dl�I�el[ III�IIIIIIIIIIII1II11111111111 111111fill C09DA7FA 11- 87- CET - 8 - 000 - 0315LE - Z - 5- 0" CIOCHETTO " ORIGINAL i examination, title insurance or its local equivalent, fees and taxes paid to public officials in connection with recording, releasing or satisfying the Mortgage and other taxes as shown in the Settlement Statement incorporated herein by this reference. You also agree to pay any other amounts incurred by us in connection with the servicing of your loan including any amounts that we may (but need not) pay or that are otherwise due under the Mortgage, incorporated herein by this reference. Default If you fail to make any monthly installment after it becomes due or fail to comply with the terms of the Mortgage, we may require that you pay us, at once and without prior notice or demand, the unpaid balance of your loan plus accrued interest and any applicable charges in this agreement as authorized. Security Interest You agree to give us a security interest in the real property as described in the Mortgage. ABOUT OUR RELATIONSHIP: Exchange of Information You understand and agree that we will call you from time to time to discuss your financial needs and any loan products that may be of interest to you as may be permitted by applicable law. For more information regarding our privacy practices, please refer to our Privacy Statement, which is included with your loan documents. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence address to us, should it become necessary to locate you. Credit Bureau Reporting If you fail to fulfill the terms of your loan, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. Telephone Monitoring You agree that we may listen to and /or record telephone calls between you and our representatives for quality assurance purposes. Insurance Credit insurance is optional. Any applicable insurance disclosures are included with this agreement and are incorporated herein by this reference. Altemative Dispute The terms of the Arbitration Rider signed by you as part of your loan Resolution transaction are incorporated herein by this reference. Applicable Law If you do not pay the full amount of an installment when it is due, and we intend to foreclose on the Mortgage, we must comply with the provisions of Section 403 and 404 of the Act of January 30, 1974, which is known as Act No. 6, and the provisions of the Homeowner's Emergency Mortgage Assistance Act (Act No. 91 of 1983). If this loan is a first mortgage, it is a federally related loan made at an agreed rate authorized by Section 501(a), Part A, Title V, Public Law 96 -221, also known as Section 1735f -7(a), Title 12, United States Code. 11/21/2006 13:47 Page 6 of 7 0315LE07 III��IIIIII�IIIIIIII�IIIIIIII�IIIIII���I�IIII�® �I�I��IIIIIIIIIIIIIIIIII�II�I� ®��I11��0�� C09DA7FA11- 87 - CET- 8 - 000 - 0315LE - Z- 6 - 0 " CIOCHETTO " ORIGINAL 1 If any provision of this agreement is finally determined to be void or unenforceable under any law, rule, or regulation, all other provisions of this agreement will remain valid and enforceable. Our failure to enforce any provision(s) to this agreement shall not be deemed to constitute a waiver of such term(s). In order for any amendment to this agreement to be valid, it must be agreed to by you and us. You acknowledge that before signing this agreement, you have read and received this agreement which includes the Federal Truth -in- Lending disclosure and, as applicable, any other riders and /or disclosures incorporated herein by reference. By signing below, you agree to observe the terms and conditions of this agreement. ANY ADVANCE OF FUNDS PURSUANT TO THIS LOAN AGREEMENT AND THE MORTGAGE WHICH SECURES THE AGREEMENT MAY, IN THE EVENT OF ANY DEFAULT, RESULT IN THE LOSS.OF_YOUR HOME OR OTHER REAL PROPERTY. PLEDGED AS SECURITY-FOR YOUR-- _. .. Borrower. Date: l� r2 J R�TF-Cl ETTO Borrower. Date: t� "ytf� ALYSSA CIOCHETTO C Witness: Y �` l ��/l 11/21/200613:47 Page 7 of 7 0315LE07 I IUlllllllllll�ll�l�l�llll�lf II�I���IIIIII II III II��II�llll�ll�lf� ®� ®I�I� C09DA7FA11- 87 - CET- a- 000 - 0315LE - Z- 7- 0 •• CIOCHETTO A ORIGINAL (Page 1 of 10) This instrument was prepared by: , [ nT P. [ 1 E ; L E R JANINE M. SHEAFFER - C C R 0 c 1= O F u E E ;. (Name) 6DEE -k Ph 12: 31 it�� - 4910 CARLISLE PIKE SITE 104, HAMPDEI '�ifl,Zl!fEC11I�SBl,JBG,PA 17050 Address LLUUUU �� ���U UU 11 f ' f 118 Return To: Records Processing Services 577 Lamont Road Elmhurst,IL 60126 (800) 547 UPI # 13 -25 -0022 -280 ..711714 . . MORTGAGE - IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN -END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 21ST of NOVEMBER 2006 between the Mortgagor, ROBERT F. C I OCHETTO, NOT STATED G (herein rrower ang M ortgagee BENEF I C I AL CONSUMER D I SC NT COMPANY D /B /A BENEFICIAL MORTGAGE CO OF PE LVANIA a corporation organized and existing under the laws of PEN NSYLVAN I A , whose address 1s 4910 CARLISLE PIKE, SUITE 104- HAMPDEN CENTER, MECHANICSBURG, PA 17050 (h erein " der" . The following paragraph preceded by a checked box is applicable. I F R I WHEREAS, Borrower is indebted to Lender in the principal sum of $ evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan I Agreement dated NOVFMBFg 21 2008 and any extensions or renewals thereof (herein "Note "), providing for monthly installments of pnnclpal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on NOVEWFg 21, p0-48_ WHEREAS, Borrower is indebted to Lender in the principal sum of S , or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement ated and extensions and renewals thereof (herein "Note "), providing for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ ; TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: SEE EXHIBIT A -LEGAL DESCRIPTION Illllll�lllll�I11101 11111111 flIlip1 lllflON1111I1111 11a111111101INIIII I *C09DA7FA1187WG8000PA0013010 L 11-11 -05 MTG EX BIT PA001301 BK 1974PGO755' (Page 2 of 10) ' s TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late. Charges. Borrower shall pay when due the principal of, and interest (including any variations in interest resulting from changes in the Contract Rate that may be specified in the Note) on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under- the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 12. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2 or as may be required by the Note and/or applicable law, all payments accepted and applied by Lender shall be applied in -the• following order of priority: (a) interest due under the- Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the I order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment 11 -11 -05 MTG PA001302 loll IIII�flID��MEN IIi 111111111111111111111111111111111111111111111111 " C090A7FAII87MTG8000PA0013020K "CIOCNETTO ORIGINAL B�! 974PG0766 (Page 3 of 10) a and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Volunatary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Peridic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage Insurance premiums, if any. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 7 and pay such amount and Borrower shall then be obligated under Section 7 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 12 and, upon such revocation Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and j its implementing regulation, Regulation X (24 C.F.R. Part 35000, as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this security instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally related mortgage loan" under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) 11 -11 -05 MTG II mm ''II'' ''IIII IIIIII II II�� IIII��nnII�� II�� nn II''II PA001303 Il IIIII���I���UA�I�����WI��IIWIIIII�II�IIWIIW11WIlu1II��lI����iII�I�I��WI� NC090A7FA1I87MTG8000PA0013030 K)(CIOCHPTTO ■ W GINAL BK 1974PGO757 r (Page 4 of 10) -4- or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall ' not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA. Lende shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Prior .Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable i to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. S. Hazard Insurance_ Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and j renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in I favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender maymake proof of lossif not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this ' Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or I 11 -11-05 MTG PA001304 1 011111 I IN 111111 1111111111111111111111111111111 iI IIDIB IP I N 1N loll 111111111111 " CO90A K"CIOCHETTO K ORIGINAL BK 1974PGO758 (Page 5 of 10) - I governing the condominium or planned unit development, the by - laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. j 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the I. Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or forconveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priorityover this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest_ Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co this Mortgage, but does not execute the Note, (a) is co this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the mannerdesignated herein. 13. Governing Law; Severability. The applicable law contained in the Note shall control. Where no applicable law is contained therein, the state and local laws applicable to this Mortgage shall be the laws of the ju mTr. M11111111111111 II 111,111111I1OIII� llU1I�II�kIQ�IIII�QI li1111111111118 lim �If1111�PAUD cab i 305 11-11-05 5 MT6 C09DA7FA1187MTGQODOPA0013050 " "CIOCHETTO " ORIGINAL 8K f 974PGO759 r . , (Page 6 of 10) • I. -6- of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. I 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials orservices in connection with improvements made to the Property. 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for. household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or W any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the i transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The 11 -11 -05 WG PA0313OG * C )187MTG8000PA0013060 **CIOCHETTO * ORIGINAL BK 1974PGO760 (Page 7 of 10) i -7- notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice. Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (A) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by reference and made a part of this Mortgage. I Certify this to be rect.. m Im In Cumberland Count} ; 11 -11-05 MM IIIIIUIiUI�IW�11�1E1FlGIII��, s: , fll���lll�lll f PA001307 0090A1FA)181MTG8000PAG013070 CIOCHETTO {�1RIGIfW� Recc -t'er BKI974PGO76I (Page 9 of 10) REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. *OZ . C�z TO ALYSSA CIOCHETTO - Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: 4910 CARLISLE PIKE, SUITE 104 AAMPDE& CENTER, MECHANICSBURG,PA 17050 On behalf of the Lender. By: JANINE M. SHEAFFER Title: SALES ASSISTANT COMMONWEALTH OF PENNSYLVANIA, CUMBERLAM County ss• 1, DENISE M. CHUBB a Notary Public in and for said county and state, do hereby certify that Y. C OCHETTO, NOT STATED AND ALYSSA CIOCHETTO personally known to me or proven satisfactorily to be the same persons whose names B ARE subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that T he Y signed and delivered the said instrument as HIS OWN /THEIR OWN free voluntary act, or the uses and purposes therein set forth. Given under my hand and official seal, this 21ST day of NOVEMBER 20 06 COMMONWEALTH OF EUEYLVANIA Nodal Seal My Commission expires; DerdaeM. Chubb, NoCtagry � Pubnc c My Comurlb O a Oct. i. 2009 Notary Public p etly Rye Member, PW"r0 enie AuddaBon of NoWee COMMONWEALTH OF PENNSYLVANIA, County ss: 1, a Notary Public in and for said county and state, do hereby certify that personally known to me or proven satisfactorily to be the same persons whose name (s subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that he signed and delivered the said instrument as free voluntary act, Tor the uses and purposes therein set forth. Given under my hand and official seal, this day of ?A My Commission expires: Notary Public 11 -11 -05 WG PA001308 IIII���I�III�II�IIIIII�IIII�IfI011fllllll�llllll�ll��l���a�lla l�I�flII�I��Il�I��Iiffl � " C 13060xmC10CNETTO ORIGINAL BKf974PGO762 (Page 9 of 10) - i -9- (Space Below This Line Reserved Por Lender and Recorder) i 11 -11 -05 MTG PA001309 101 IN III IIII IIII IN III IIII MI 11 11 Ism 11111111111111111111 IN 101 lm m 11111 MC090A7FA1197MTG8000PA0013090 *NCIOCHETTO ■ ORIGINAL 8K 1974PGO763 (Page 10 of 10) EXHIBIT A (PAGE 1) ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF LOWER ALLEN IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 07/13/1998 AND RECORDED 09/09/1998, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 185 AND PAGE 99. TAX MAP OR PARCEL ID NO.; 13 -25- 0022 -280 J � 1 i IDfl��ll���l�l��lq�llall�ll��l��lll�llll�llj�l�ll�l�lllllla�lllllflll ll��Il��llllllllll K C09OA7FAII67MTG8000PA0013000KKCIOCHETTO K ORIGINAL BK 1 974PGO764 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Easterly line of Woodmere Drive, which point is 205.60 feet south of the Southeasterly corner of Nottingham Road and Woodmere Drive and at dividing line between Lots Nos. 14 and 15, Block N on the hereinafter mentioned Plan of Lots; thence along said dividing line North 58 degrees 15 minutes East 122.92 feet to a point at the dividing line between Lots Nos. 12 and 15, Block N on said Plan; thence along same South 47 degrees 49 minutes East 7.49 feet to a point at Westerly line of land now or late of Kenneth K. Hart; thence along same South 31 degrees 45 minutes East 67.82 feet to a point at other lands now or late of Kenneth K. Hart; thence along same South 58 degrees 15 minutes West 125 feet to a point on the Easterly line of Woodmere Drive aforesaid; thence along same North 31 degrees 45 minutes West 75 feet to a point, the place of BEGINNING. BEING Lot No. 15, Block N, in Plan of Country & Town Homes, Inc., recorded in Cumberland County Recorder's Office in Deed Book 7, Page. 41. BEING premises known as 6 Woodmere Drive. UNDER AND SUBJECT to Acts of Assembly, county and township ordinances, rights of public utility and public service companies, existing restrictions and easements, visible or of record; to the extent that any persons or entities have acquired legal rights thereto and conditions and easements on said plan of lots. BEING the same premises which Howard J. Lindsay, unremarried widower by Deed dated July 13, 1998 and recorded September 9, 1998 in the Office of the Recorder of Deeds for the County of Cumberland in Deed Book 185 Page 99, granted and conveyed unto Robert P. Ciochetto, in fee. EXHIBIT a STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTowN, PA 19046 (215) 572 -8111 Date: June 28, 2012 Robert E. Ciochetto and Alyssa C. Ciochetto 6 Woodmere Drive Camp Hill, PA 17011 -7941 Property (if different than mailing address — notice also sent to property): 6 Woodmere Drive Camp Hill, PA 17011 NOTICE OF INTENTION TO FORECLOSE MORTGAGE (ACT 6 NOTICE) The MORTGAGE held by Beneficial Consumer Discount Co. (hereinafter we, us or ours) on your property located at 6 Woodmere Drive, Camp Hill, PA. IS IN SERIOUS DEFAULT BECAUSE YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from June 27, 2011 through and including June.28, 2012 as follows: Payments of $1,373.12 due on 06/27/2011 through and including 05/27/2012, inthe amount of ...................................... ............................... $16,477.44 Other charges (explain/itemize): Latecharges: ........................................................................... $823.80 Other charges ( explain) ..... ............................... ......................$1,484.71 Escrow Advances TOTAL AMOUNT PAST DUE: .................................................... $18,785.95 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $18,785.95. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $18,785.95, plus a al monthly payments and late charge which may a ' EXH1BIT fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: Beneficial Consumer Discount Co. 2929 Walden Avenue Depew, NY 14043 Make sure your account number -61� is on your payment If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made - - within THIRTY -(30) DAYS- we-also- intend- to-instruct our attorneys - to startea lawsuitto -- - - -- - - - - -- - foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and, if applicable, perform any other requirements under the mortgage also in default. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately four to six months from the initiation of a foreclosure action; however, the time to foreclose in each county is different. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default, including fees and costs, will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (866) 824 -0824. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You may also call us at the above number to see if there are other arrangements that may be available. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in the mortgaged property. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who wall•assumeithe 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 HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, STERN & EISENBERG, PC BY: Stern &Eisenberg, PC Pursuant to notice published by the PEFA at 41 Pa.B: 2789 in accordance with 35 P.S. 1680.409c of the Act (35 P.S. 1680.101, et. seq:, also known as Act 91), effective August 27, 2011 and until further notice of the PHFA, mortgagees may take legal action to enforce a mortgage without any further restriction or requirement of Act 91. Regardless of whether or not your mortgage loan is subject to the notice requirements under 41 P.S. §403 (Act 6), this notice is also given to you pursuant to the terms of your mortgage obligation. The dollar amount of mortgages covered by Act 6 may be found in the Pennsylvania Bulletin. VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. STERN & EISENBERG, PC 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572 -8111 Date: June 28, 2012 Robert E. Ciochetto and Alyssa C. Ciochetto 6 Woodmere Drive Camp Hill, PA 17011 -7941 Property (if different than mailing address — notice also sent to property): 6 Woodmere Drive Camp Hill, PA 17011 NOTICE OF INTENTION TO FORECLOSE MORTGAGE (ACT 6 NOTICE) The MORTGAGE held by Beneficial Consumer Discount Co. (hereinafter we, us or ours) on your property located at 6 Woodmere Drive, Camp Hill, PA. IS IN SERIOUS DEFAULT BECAUSE YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from June 27, 2011 through and including June 28, 2012 as follows: Payments of $1,373.12 due on 06/27/2011 through and including 05/27/2012, in the amount of ................. ............................... .....................$16,477.44 Other charges (explain/itemize): Latecharges :................... ............................... ........................$823.80 Other charges ( explain) ..... ............................... ......................$1,484.71 Escrow Advances TOTAL AMOUNT PAST DUE: .................................................... $18,785.95 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $18,785.95. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $18,785.95, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: Beneficial Consumer Discount Co. 2929 Walden Avenue Depew, NY 14043 Make sure your account number - s on your payment If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within -- THIRTY -(30) -DAYS we -also intend to- instruct-our-- attorneys to start- a- la-iNSUit -to - foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the. default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and, if applicable, perform any other requirements under the mortgage also in default. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately four to six months from the initiation of a foreclosure action; however, the time to foreclose in each county is different. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default, including fees and costs, will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (866) 824 -0824. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You may also call us at the above number to see if there are other arrangements that may be available. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in the mortgaged property. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) 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 HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, STERN EISENBERG, PC BY: S m & Eisenberg, PC Pursuant to notice published by the PHFA at 41 Pa.B. 2789 in accordance with 35 P.S. 1680.409c of the Act (35 P.S. 1680.101, et. seq., also known as Act 91), effective August 27, 2011 and until further notice of the PHFA, mortgagees may take legal action to enforce a mortgage without any further restriction or requirement of Act 91. Regardless of whether or not your mortgage loan is subject to the notice requirements under 41 P.S. §403 (Act 6), this notice is also given to you pursuant to the terms of your mortgage obligation. The dollar amount of mortgages covered by Act 6 may be found in the Pennsylvania Bulletin. VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. C3 , r=1 postage Certified Fee Ps k rt l Return Receipt Fee a He -k O (Endorsement Required) '�» eV Restricted Delivery Fee -J c� CO O (Endorsement Required) p- M Total Postage 8 Fees $ M \ 0 Sent Ti E3 Street. Apt. N �- or PC Box No. c,t; srale:ziP. CERTIFIED U.S. Postal Servicelt'l M MAIL,, RECEIP o (Domesti O CO C US Postage $ 4 Certified Fee / 1 • �_� flI C3 Return Receipt Fee Post25rk (Endorsement Required) Here -t lip Restricted Delivery Fee 1 M O (Endorsement Required) N Er O $ s � I M Totat Postage &Fees \.�t�_ - � 3 F Ca4-nD o �,i_ _ \`,•�'^ � O Apt. No.; (�- Box No. tate, ZIP +4 - -- - -- - ( ( r l l ,Y Name and STERN & EISENBERG Address 261 Old York Road -The Pavilion -Ste 410 of Sender Jenkintown, PA 19046 Line Article Name of Addressee, Street, and Post office Address Number Alyssa C. Ciochetto Postage Fee 6 Woodmere Drive Camp Hill, PA 17011 2 * * ** Robert E. Ciochetto 6 Woodmere Drive 3 Cam Hill, PA 17011 * * ** 4 * * ** 5 6 * * ** 7 * ** g * * ** 9 * * ** 10 a d 11 * * ** � p !( p 13 N Cn j _ I 1 „ 0 ^it� w�� 0 14 J ; moo 4 0) rn Cn 4 +a� 15 Z�� RE.. Act Notice , 0 m < T otal Number of Total Number of Pieces Postmaster, Per r.� Pieces Listed by Sender Rece (Name In Receiving o Q0 ived at Post Office Employee) • Q /0 w o M C FORM 1 X C= r +C i:'"o Beneficial Consumer Discount Company IN THE COURT OF COMMON PLEAS OF —S CUMBERLAND COUNTY, PENNSYLVANIA � s �n Plaintiff(s) 2-` rn vs. r") . Robert F. Ciochetto and Alyssa C. CIOChettO Defendant(s) 0 ' 3 I CivilM NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS P Tpe m RA IS FREE.. R Ily s b' Id: 6/12/2013 Date Sign ture o e or PI ' tiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST OMERIPRIMARY APPLICATIO Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? C O BORRO Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? INFORMATI FINANCIAL First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH I/We, authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date. Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill — - V Letter explaining reason for delinquency and any supporting documentation - - -- V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 Beneficial Consumer Discount IN THE COURT OF COMMON PLEAS OF Company CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Robert F. Ciochetto and Alyssa C. CinrhPttn Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated ' 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative "— Signature of Defendant' - -- _ - Date - �" -' -- Signature of Defendant Date FORM 4 Beneficial Consumer Discount IN THE COURT OF COMMON PLEAS OF Company CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Robert F. Ciochetto and Alyssa C. Ciochetto v Defendants) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made maybe extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. S. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215)572 -8111. FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount. Company, d/b /a Beneficial Mortgage Co. of Pennsylvania 2929 Walden Avenue Depew, NY 14043 Civil Action Number: V. Robert F. Ciochetto 6 Woodmere Drive Camp Hill, PA 17011 -7941 COMPLAINT IN MORTGAGE FORECLOSURE Alyssa C. Ciochetto 120 Ore Bank Road Dillsburg, PA 17019 Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. PA Complaint I- A(CNIL Owner) I IDec12Ver3.0 YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800- 990 -9108 717- 249 -3166 PA Complaint 1 -A(CML Owner) 1113ec12W6.0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson I-I L FD 0FFIf" Sheriff ;1 THE PROTHON0, TA ; Jody S Smith 1 ` C3 0 2013 JUL 18 AM Chief Deputy Richard W Stewart Solicitor OFF, EOFTHS5ERIFF CUMBERLAND COU14TY PENNSYLVANIA Beneficial Consumer Discount Company Case Number vs. Robert F. Ciochetto(et al.) 2013-3431 SHERIFF'S RETURN OF SERVICE 06/14/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Alyssa Ciochetto, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 06/19/2013 05:45 PM - Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Robert F. Ciochetto at 6 Woodmere Drive, Lower Allen Township, Camp Hill, PA 17011. TIM LACK, DEPUTY 06/28/2013 10:35 AM -The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of York County upon Doug Hostetter, Financee, who accepted for Alyssa Ciochetto, at 120 Ore Bank Road, Dillsburg, PA 17019. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $69.95 SO ANSWERS, July 10, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J.MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy,Administration BENEFICIAL CONSUMER DISCOUNT COMPANY Case Number vs. ALYSSA CIOCHETTO(et al.) 13-3431 CIVIL SHERIFF'S RETURN OF SERVICE 06/20/2013 05:27 PM -DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW,ATTEMPTED SERVICE TO THE DEFENDANT, TO WIT:ALYSSA CIOCHETTO AT 120 ORE BANK ROAD, DILLSBURG, PA 17019. THE DEFENDANT WAS FOUND TO HAVE MOVED. 06/28/2013 10:35 AM -DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE DOUG HOSTETTER, FIANCE,WHO ACCEPTED AS"ADULT PERSON IN CHARGE" FOR ALYSSA CIOCHETTO AT 793 HECK HILL ROAD, LEWISBERRY, PA 17339-9742. REY STRINE, DEPUTY SHERIFF COST: $67.53 SO RS, If July 08, 2013 RICHARD P KEUERLEBER, SHERIFF COM NW - fil♦Qt BAIL IA ��fVOFarlel Cpl Sheila E.Q)*Notary PUblIC City of York,York county my commisalon r x eras Feb.1,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES ---------- -------------------- ------------------ ----------- ------------------------------- --------------------------------------- NOTARY Affirmed and subscribed to before me this 8TH day of JULY 2013 (c)CountySuite Sheriff,Teleosoft,Inc. STEVEN K.EISENBERG,ESQUIRE(75736) �r- 7tr _J r M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) � _� ; CHRISTINA C.VIOLA,ESQUIRE(308909) 4Uro, tt ANDREW J.MARLEY(312314) C 44 _ Ail , f STERN&EISENBERG,PCf �Q / � r 1581 MAIN STREET,SUITE 200 �lta*f r�V �Q� f WARRINGTON,PENNSYLVANIA 18976 ����� '���r i TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Civil Action Number: 13-3431 Civil Term Robert F. Ciochetto MORTGAGE FORECLOSURE Alyssa C. Ciochetto Defendant(s) PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Robert F. Ciochetto Alyssa C. Ciochetto , for failure of said Defendant(s)to file a responsive pleading to the Complaint within twenty(20) days of service thereof. PRINCIPALBALANCE.........................................................................................$157,455.39 INTEREST accrued thru 05/28/2013 of.......................................:..........................$42,428.05 Interest after 05/28/2013 shall accrue at the per diem rate of$40.98.) ESCROWADVANCES ..........................................................................................$2,594.69 ADVANCES FOR HAZARD INSURANCE..........................................................$1,149.00 LESS SUSPENSE(If any).......................................................................................($380.64) Sub-Total Through Date of Complaint.............................................................$203,246.49 ACCRUED INTEREST after 05/28/2013 shall accrue at the per diem rate of$40.98 to August 9, 2013..............................................................................$2,991.54�InA�>eb��p.SO 04 tclf_ �� J:\Stephanie L\Sales\HSBC_Ciochetto.docx Ll TOTAL DUE THROUGH DATE OF REQUEST FORJUDGMENT....................................................................................................$206,238.03 ST N E RG, 'C BY: ❑ EV . S ERG,ESQUIRE ❑ M.TROY FREEDMAN,ESQUIRE ❑ JACQUELINE F. McNALLY,ESQUIRE ❑ LESLIE J.RASE,ESQUIRE ❑ LEN M. GARZA,ESQUIRE CHRISTINA C. VIOLA,ESQUIRE ❑ ANDREW J. MARLEY,ESQUIRE Attorney for Plaintiff JAStephanie L\Sales\HSBC_Ciochetto.docx STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) y �� LESLIE J.RASE,ESQUIRE(58365) C ' CHRISTINA C.VIOLA,ESQUIRE(308909) .} ANDREW J.MARLEY(312314) C= _ STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 {.ti WARRINGTON,PENNSYLVANIA 18976 t.... a TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 c_; (COUNSEL FOR PLAINTIFF) { 4 po IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Action: 13-3431 Civil Term V. Robert F. Ciochetto Alyssa C. Ciochetto MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF BUCKS r I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief,Defendants': 1. Last-known address is 6 Woodmere Drive, Camp Hill,PA 17011-7941and 120 Ore Bank Road,Dillsburg,PA 17019 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers'Civil Relief Act of 1940 s mended. S E ESE ER PC �.H OF pENNSYLVAN't BY: r coMrMONw�w ❑ TEV K. ER ,ESQUI`RE NOTARIAL SEAL ❑ M. ROY FREEDMAN,ESQUIRE MANE J.TURANO,Notary Pub1'�c ❑ JACQUELINE F.McNALLY,ESQUIRE Warrington Twp..Bucks C",unty M Commission Expires Gctob�r 3'.2014 J ❑ LESLIE J.RASE,ESQUIRE ❑ LEN-M. GARZA,ESQUIRE _,,CHRISTINA C.VIOLA,ESQUIRE ❑ ANDREW J.MARLEY,ESQUIRE Attorney for Plaintiff Swo n o abscri ed before me this Day of 1,20 Notary Public J:\Stephanie L\Sales\HSBC_Ciochetto.docx Department of Defense Manpower Data Center Results as of:Aug-12-2013 06:05:17 } SCRA 3.0 Statm,Report Pursuant to Serviceme mo Civil Relief Acct Last Name: CIOCHETTO First Name: ROBERT Middle Name: Active Duty Status As Of: Aug-12-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA / No,. NA This response reflects the indi�viauals'active duty status b_ased on the Active 106 Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA __ NA ; - l _ No - NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date Ali •' -. � _.. r. i. The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duly Status Date Order Notification Start Date Order Notification End Date Status Service Component NA y�NA No NA This response reflects whether the individual a hislher unit has received early notificetiori to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Centerrbased on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. _ AM ww_ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Aug-12-2013 06:05:44 �y SCRA 3.0 Status Report Pursuant to Servicememben Civil belief Act Last Name: CIOCHETTO First Name: ALYSSA Middle Name: Active Duty Status As Of: Aug-12-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - _�� No1� NA r This response refects the intlividuals active duty staZUS based orithe Active Duty S_talus Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA =t No - NA This response reflects-tvhere the ind(vidual left active.duty status withln 367 days preceding the Active Duty Status Date 1. The Member or HisfHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Stan Date Order Notification End Date Status Service Component NA •\NAB' ,fNo NA This response reflects whether the individual a his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Aa;j�, A )444�40 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Civil Action: 13-3431 Civil Term Robert F. Ciochetto Alyssa C. Ciochetto MORTGAGE FORECLOSURE Defendant(s) CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. STE & IS ER ,PC BY: V ER ,-t SQUIRE ❑ M.TROY FREEDMAN,ESQUIRE ❑ JACQUELINE F. McNALLY,ESQUIRE ❑ LESLIE J.RASE,ESQUIRE ❑ LEN M. GARZA,ESQUIRE CHRISTINA C. VIOLA,ESQUIRE ❑ ANDREW J. MARLEY,ESQUIRE Attorney for Plaintiff J:\Stephanie L\Sales\HSBC_Ciochetto.docx FERN&EISENBERG PC 581 MAIN STREET 3uiTE 200 WARRINGTON,PA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Docket#: 13-3431 Civil Term (PIaintiff) V. TEN DAY NOTICE Robert F. Ciochetto Alyssa C. Ciochetto (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P. 237.1 TO: Alyssa Ciochetto 793 Heck Hill Road Lewisberry,PA 17339-9742 Date of Notice: Wednesday,July 24,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE-FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 TE EI ENTER ,PC By: Att - or Plaintiff J:\Stephanie L\HSBC_Ciochetto.docx STERN&EISENBERG PC 1581 MAIN STREET SUITE 200 WARRINGTON,PA 18976 TELEPHONE:(215)572-8111 FACsImiLE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA. CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Docket#: 13-3431 Civil Tenn (Plaintiff) V. TEN DAY NOTICE Robert F. Ciochetto Alyssa C. Ciochetto (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P. 237.1 TO: Alyssa C. Ciochetto 120 Ore Bank Road Dillsburg,PA 17019 Date of Notice: Friday,July 19,2013 1 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW_ THIS OFFICE CAN PROVIDE YOU WITH INFOR MATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 ` ` F STE'; &)E ENB KG,PC t � By: \ Attorney fof p,aintiff J:\Stephanie L\HSBC_Ciochetto.docx STERN&EISENBERG PC 1581 MAIN STREET SUITE 200 WARRINGTON,PA 18976 TELEPHONE:(215)572-8111 FACSIMU-E:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Docket#: 13-3431 Civil Term (Plaintiff) V. TEN DAY NOTICE Robert F. Ciochetto Alyssa C. Ciochetto (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P. 237.1 TO: Alyssa C. Ciochetto 6 Woodmere Drive Camp Hill,PA 17011-7941 Date of Notice: Friday,July 19,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT M-AY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 / STp' &EISEN�RG,PC lti'4 � �ti. By. Att y or ain.iff" J:\Stephanie L\HSBC_Ciochetto.docs a STERN&EISENBERG PC 1581 MAIN STREET SUITE 200 WARRINGTON,PA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Docket#: 13-3431 Civil Tern (Plaintiff) V. TEN DAY NOTICE Robert F. Ciochetto Alyssa C. Ciochetto (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P. 237.1 TO: Robert F. Ciochetto 6 Woodmere Drive Camp Hill,PA 17011-7941 Date of Notice: Friday,July 19,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 TE &�EISEl,&EI�G,PC i By: Afton ey or\Rlafintiff J:\Stephanie L\HSBC_Ciochetto.docx STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Civil Action: 13-3431 Civil Term Robert F. Ciochetto Alyssa C. Ciochetto MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. S ER ,PC BY: EN ISE ERG,ESQUIRE • M.TROY FREEDMAN,ESQUIRE • JACQUELINE F.McNALLY,ESQUIRE • LESLIE J.RASE,ESQUIRE •LEN M. GARZA,ESQUIRE `CHRISTINA C. VIOLA,ESQUIRE ❑ ANDREW J.MARLEY,ESQUIRE Attorney for Plaintiff J:\Stephanie L\Sales\HSBC_Ciochetto.docx STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Action: 13-3431 Civil Term V. Robert F. Ciochetto MORTGAGE FORECLOSURE Alyssa C. Ciochetto Defendant(s) CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Beneficial 2929 Walden Avenue Depew,NY 14043 (Plaintiff) Robert F. Ciochetto Alyssa C. Ciochetto 6 Woodmere Drive 120 Ore Bank Road Camp Hill,PA 1.7011-7941 Dillsburg,PA 17019 (Defendant(s)) S ERG,PC BY: f\ • VEN EISENBERG,ESQUIRE • M.TROY FREEDMAN,ESQUIRE • JACQUELINE F.McNALLY,ESQUIRE • LESLIE J.RASE,ESQUIRE • LEN M. GARZA,ESQUIRE N2:2-'HRISTINA C. VIOLA,ESQUIRE '❑ ANDREW J. MARLEY,ESQUIRE Attorney for Plaintiff J:\Stephanie L\Sales\HSBC_Ciochetto.docx IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA, CIVIL DIVISION L PRAECIPE FOR WRIT OF EXECUTION Beneficial Consumer Discount Com nyy Confessed Judgment d/b/a Beneficial Mortgage Co. of Pennsylvania Plaintiff E]Other VS File No. 13-3431 Robert F. Ciochetto 'T Alyssa C. Ciochetto Amount Due $206,238.037. Defendant Interest from 8/12/13 @ the-_ ez- iem Address: rate o un i ju gment--is paid Atty's Comm in full 6 Woodmere Drive Costs Camp Hill, PA 17011 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale. contract,or account based on a confession of judgment,but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County,for debt, interest and costs,upon the following described property of the defendant(s) See full legal description attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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 personalty list) 6 Woodmere Drive, Camp Hill, PA 17011 and all other property of the defendant(s)in the possession,custody or cont Eina .(Indicate)Index this writ against the ga rnishee(s)as a lis p ndeof the defendant(s)described in the attached exhibit. Date 8/12/2013 Signature: Print Name: � .S� a Address: 1581 Main Street, Ste.200 Warrington, PA 18976 Attorney for: Plaintiff Telephone: 215-572-811 1 d� -� �� a Supreme Court ID No: 308909 Cot .Zip 5-1-q V)(i 6� :73 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Allen Township,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point on the Easterly line of Woodmere Drive, which point is 205.60 feet south of the Southeasterly corner of Nottingham Road and Woodmere Drive and at dividing line between Lots Nos. 14 and 15, Block N on the hereinafter mentioned Plan of Lots; thence along said dividing line North 58 degrees 15 minutes East 122.92 feet to a point at the dividing line between Lots Nos. 12 and 15, Block N on said Plan; thence along same South 47 degrees 49 minutes East 7.49 feet to a point at Westerly line of land now or late of Kenneth K. Hart; thence along same South 31 degrees 45 minutes East 67.82 feet to a point at other lands now or late of Kenneth K.Hart; thence along same South 58 degrees 15 minutes West 125 feet to a point on the Easterly line of Woodmere Drive aforesaid;thence along same North 31 degrees 45 minutes West 75 feet to a point,the place of BEGINNING. BEING Lot No. 15, Block N, in Plan of Country &Town Homes, Inc., recorded in Cumberland County Recorder's Office in Deed Book 7,Page 41. BEING premises known as 6 Woodmere Drive. UNDER AND SUBJECT to Acts of Assembly, county and township ordinances, rights of public utility and public service companies, existing restrictions and easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto and conditions and easements on said plan of lots. BEING the same premises which Howard J. Lindsay, unremarried widower by Deed dated July 13, 1998 and recorded September 9, 1.998 in the Office of the Recorder of Deeds for the County of Cumberland in Deed Book 185 Page 99,granted and conveyed unto Robert P. Ciochetto, in fee. JAStephanie L\Sa1es\HSBC—Ciochetto.docx 1 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(31231.4) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 �-t"t�!S 1 �V A`��� i� WARRINGTON,PENNSYLVANIA 18976i' I TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company,d/b/a Beneficial Mortgage Co. of Pennsylvania V. Civil Action: 1.3-3431 Civil Term Robert F. Ciochetto Alyssa C. Ciochetto MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 6 Woodmere Drive,Camp Hill,PA 17011-7941. 1. Name and address of Owner(s)or Reputed Owner(s): Robert F. Ciochetto Alyssa C. Ciochetto 6 Woodmere Drive 120 Ore Bank Road Camp Hill,PA 1.7011-7941 Dillsburg,PA 17019 2. Name and address of Defendant(s) in the judgment: Robert F. Ciochetto Alyssa C. Ciochetto 6 Woodmere Drive 120 Ore Bank Road Camp Hill,PA 17011-7941 Dillsburg,PA 17019 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: NIA J:\Stephanie L\SaIes1HSBC_Ciochetto.docx 5. Name and address of every other person who has any record lien on the property: N/A 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: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg,Pennsylvania 17128 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: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle,PA 1701.3 Carlisle,PA 17013 Tenant(s)/Occupant(s) 6 Woodmere Drive Camp Hill,PA 17011. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ST E'SE.NBERG,PC `1 BY: T SENBERG,ESQUIRE ❑ M.TROY FREEDMAN,ESQUIRE ❑ JACQUELINE F. McNALLY,ESQUIRE COMMONWEAL-T!!OF PFXN9yL""'A ❑ LESLIE J. RASE,ESQUIRE NOTARIAL SEAL ❑ LEN M. GARZA,ESQUIRE DIANE J.TURANO,Notary PUNIC �HRISTINA C. VIOLA,ESQUIRE Warrington Twp.,Bucks County /11 ANDREW J.MARLEY,ESQUIRE Commission Tres October 31,2014 Attorney for Plaintiff Swo to 14 sub 'bed be ore me this Day of�, 20 13 Notary Public JAStephanie L\Sales\HSBC_Ciochetto.docx J STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) e°r LESLIE J.RASE,ESQUIRE(58365) 1 CHRISTINA C.VIOLA,ESQuIRE(308909) ANDREW J.MARLEY(312314) nn v : STERN&EISENBERG,PCl �p �C 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FAcsIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Civil Action: 13-3431 Civil Term Robert F. Ciochetto Alyssa C. Ciochetto MORTGAGE FORECLOSURE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Robert F. Ciochetto Alyssa C. Ciochetto 6 Woodmere Drive AND 120 Ore Bank Road Camp Hill,PA 17011-7941 Dillsburg,PA 17019 Your real estate at 6 Woodmere Drive, Camp Hill, PA 17011-7941 is scheduled to be sold at Sheriffs Sale on Wednesday, December 4, 2013 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of$206,238.03 obtained by Beneficial against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern&Eisenberg,PC the back payments, late charges,costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern&Eisenberg PC, telephone(215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) J:\Stephanie L\Sales\HSBC_Ciochetto.docx YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern &Eisenberg PC,telephone(215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern&Eisenberg PC, telephone(215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717)240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 JAStephanie L\Sales\HSBC_Ciochetto.docx J ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Allen Township, Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point on the Easterly line of Woodmere Drive, which point is 205.60 feet south of the Southeasterly corner of Nottingham Road and Woodmere Drive and at dividing line between Lots Nos. 14 and 15, Block N on the hereinafter mentioned Plan of Lots; thence along said dividing line North 58 degrees 15 minutes East 122.92 feet to a point at the dividing line between Lots Nos. 12 and 15,Block N on said Plan; thence along same South 47 degrees 49 minutes East 7.49 feet to a point at Westerly line of land now or late of Kenneth K. Hart; thence along same South 31 degrees 45 minutes East 67.82 feet to a point at other lands now or late of Kenneth K.Hart; thence along same South 58 degrees 15 minutes West 125 feet to a point on the Easterly line of Woodmere Drive aforesaid; thence along same North 31 degrees 45 minutes West 75 feet to a point,the place of BEGINNING. BEING Lot No. 15, Block N, in Plan of Country &Town Homes, Inc., recorded in Cumberland County Recorder's Office in Deed Book 7,Page 41. BEING premises known as 6 Woodmere Drive. UNDER AND SUBJECT to Acts of Assembly, county and township ordinances, rights of public utility and public service companies, existing restrictions and easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto and conditions and easements on said plan of lots. BEING the same premises which Howard J.Lindsay, unremarried widower by Deed dated July 13, 1998 and recorded September 9, 1998 in the Office of the Recorder of Deeds for the County of Cumberland in Deed Book 185 Page 99,granted and conveyed unto Robert P. Ciochetto, in fee. JAStephanie L\Sales\HSBC_Ciochetto.docx WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 2013-3431 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO.OF PENNSYLVANIA Plaintiff(s) From ROBERT F.CIOCHETTO,ALYSSA C.CIOCHETTO (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due:$206,238.03 L.L.:S.50 Interest FROM 08/12/2013 @ THE PER DIEM RATE OF$40.98 UNTIL JUDGMENT IS PAID IN FULL Atty's Comm: Due Prothy:$2.25 Atty Paid:$218.70 Other Costs: Plaintiff Paid: Date:August 15,2013 David D.Buell,Prothonotary (Seal) -- 24 .0 . ' j Deputy REQUESTING PARTY: Name: CHRISTINA C.VIOLA,ESQUIRE Address: STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PA 18976 Attorney for:PLAINTIFF Telephone:215-572-8111 Supreme Court ID No.308909 FORM 3 Beneficial Consumer Discount : IN THE COURT OF COMMON PLEA Company : CUMBERLAND COUNTY,PENNSYLV 1IA LF) Plaintiff(s) '' • vs. ;ti —c, Robert F. Ciochetto and Alyssa C. • = Ie;h Cirnrhettn © 2013-3431 �r ' Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28 , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; • 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. _ . A.AA ��a /%�[ .. 8/19/2013 ature of Defendant's Counsel/Ap Mb. Date al Representative dr, -4/ 8/19/2013 Signature of Defendant-- _ — Date -. — -- --- Signature of Defendant Date BENEFICIAL CONSUMER IN THE COURT OF COMMON PLEAS OF DISCOUNT CO., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION -O `; MM c M M .. NO., 13-3431 CIVIL ',, N � ROBERT F. CIOCHETTO and rr-:z ALYSSA C. CIOCHETTO a' Defendants =' CASE MANAGEMENT ORDER AND NOW,this o2 'r day of August, 2013, the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on Q� /D a0/3 , at o2m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendantiborrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2)which has been completed by the defendantiborrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendantiborrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings.shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference,the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, A Kevin ess, P.J. /Christina Viola, Esquire 1617 JFK Boulevard, Suite 1400 1 Penn Central Plaza Philadelphia, PA 19103 For the Plaintiff es Proctor, Jr., Esquire 1580 Ritner Highway, Suite 11 Carlisle, PA 17013 For the Defendants :rim *LL • COURT OF COMMON PLEAS OF CUMBERLAND COUNTY `2 CIVIL ACTION-LAW -�co1`. r.. CHRISTINA C. VIOLA, ESQUIRE STERN AND EISENBERG, PC 1581 Main Street, Suite 200 '< ` ' Warrington, PA 18976 °r (215) 572-8111 P. c:: I.D. #308909 -< ` Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Action: 13-3431 Plaintiff(s) v. MORTGAGE FORECLOSURE Robert F. Ciochetto and Alyssa C. Ciochetto Defendant(s) CERTIFICATE OF SERVICE I, CHRISTINA C. VIOLA, ESQUIRE, attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendant(s) by certified mail, return receipt requested and regular, first-class, postage prepaid mail on October 4, 2013. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on October 4, 2013, as evidenced by copies of certificate of mailing and certified mail receipts attached. ST R I A A P ,EN:ERG, PC BY: :. . _ CHR7�A'V I i LA, ESQUIRE Attorney for Plaintiff 10/7/13 a,to a. 5 lk N i O+ il 5 ali cu 13 X93 12?1 lie - ,'-icrir-.1 QQQ C ON 7/ P „ 13 113 9 o VI N9 �0 _. , 1 ? N o om a m yr+ '17 .� � d `�+ 0 � Qv' O o O R° �:°`(LA a m ,, ' .--1 0 n w O n rod d s Q �r1 9 a ti..; vm w an mg .rj m n P n p? n `�+ O fi•s'` ': m YO 3103 n .9 x N• �.: y �1 .. co ('� � 0�, CAD `1'i-*-• 6 N ".) ". 0 9 0 O vv'+ y"t co N;o Q: m 13.4' av a o" l,` U� O V .fit oo n OQ w O n coo 0►� re v. ;` a t':- �' m il x- a m o. tp. • O ^ N G f-' ,r) ,� p O 9 n d ,2, C CA + VVV. n sx m xo 0 G "c rx t1- ca Q' �" G- (D *d D .-� '�7 '� t/� "� ° ° V m x 3 ,c o 00 0 al 1 Vi --4 y 0 i Fq y p CP O 3 z 13 6 1 _0 '1"2", m' x ® Q QQ 93 264 F ?1313 y13911 13 0 C m �N v p a O N ,ZI m. i fC � mG r C ,N��,co n tni c v m 3 3 ci .N 3 • (�m,:xxO; y 3m m .• .0 7 ~s mA) v° ••• m ` m N w D 4.. . m m am 0 . : s- N .p m o' N " Ln CD N 000 ,'xry ' +1- Z®® $ 9L681 dig ., c �. . II '' .41002180814653116rif S3MO9 A3N1.16039V1-90d S� 'TyxL V BENEFICIAL CONSUMER • IN THE COURT OF COMMON PLEAS OF DISCOUNT CO•, • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • vs. • CIVIL ACTION • NO. 13-3431 CIVIL ROBERT F. CIOCHETTO and • ALYSSA C. CIOCHETTO • Defendants • IN RE: CONCILIATION CONFERENCE Present at conciliation conference held October 11, 2013, were Nathan Wolf, Esquire, local counsel for the plaintiff; James Proctor, Esquire, attorney for the defendant, Robert Ciochetto; and the homeowner, Robert Ciochetto. The options in this case are extremely limited and involve a substantial payment for reinstatement which would result in a temporary loan modification. The homeowner has only recently been made aware of the situation and needs additional time to consider his options. A continued conciliation conference will be set by order of even date herewith. ORDER AND NOW, this /1 day of October, 2013, continued conciliation conference is set for Thursday, October 24, 2013, at 11:00 a.m. in Chambers of the undersigned. BY THE COURT, Kevin A. • ss, P. J. Nathan Wolf, Esquire For the Plaintiff -a James Proctor, Jr., Esquire ,rr- cif For the Defendant es ryla, -� h y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTINA C. VIOLA, ESQUIRE STERN AND EISENBERG, PC (P, °' 1581 Main Street, Suite 200 � � c The Shops at Valley Square —� Warrington, PA 18976 G, c;;, '= (215) 572-8111 I.D. #308909 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Action Number: 13-3431 v. Robert F. Ciochetto and Alyssa C. Ciochetto MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE OF SERVICE I, CHRISTINA C. VIOLA, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to Robert F. Ciochetto by certified mail,return receipt requested on October 4,2013 and received by the Defendant on October 7,2013,as evidenced by copy of certified mailing receipts and signed green cards attached hereto. STERN AND EISENBERG PC BY: IL C . _ 4 ' IOLA-_ Attorney for Plaintiff 10/16/13 VS:',Postal_ServieeTm CERTIFIEDIMAILTm RECEIPT.. (Domestic Mail Only,No dince Coverage Pitwided)- Fof,deliieji,iiifOrnitio-pvisifbli■Arebite at OFFIC111:\ L USE rn Er Postage $ (.4 Certified Fee . k Postmark. Return Receipt Fee C:=1 (Endorsement Required) Q Here,)k Restricted Delivery Fee (Endorsement Required) rr D TVA Postage&Fees $ , rn 1-1 Sent To y. c oc'\e-t--c) p Street,Apt.No.;. or PO Box No. LO U3 a CjarrNejre_ Dr 11.e City,State,Z1P+4 • —ICI Lk 15$ •nn: ,See Fiev,er.se'tor,fnstrtin.t.iircian SENDER:COMPLETE THIS SECTION COMPLETE THIS SECT:ON ON DELIVERY • Complete items 1,2,and 3.Also complete ' ' '—`- item 4 if Restricted Delivery Is desired. ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. e.Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 17 ❑Yes 1 Article Addressed to: If YES,enter delivery address below: ❑No 2.0 Yi. F C100-1 01-0 \, ,cmexf V> . CNYVirm‘I P Y1t. {7 J!V\ + 3. Service Type � 1 la Certified Mall ❑Express Mall q 1 ❑Registered *Return Receipt for Merchandise " ` ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7013 1090 0000 4936 1271 (Transfer from service Labe PS Form 3811,February 2004 Domestic Return Receipt 102595-02M-1540 a - 10/16/13 USPS.con)-USPS Tracking M English Customer Sery ice USPS Mobile Register I Sign In I r1, Search USPS.com or Track Packages Quick Tools Track t"t€3. ear. age =i "' Yaeg ;r Enter up to 10 Tracking#':Find Find USPS Locations Buy Stamps Sc Customer Service r ca ppTracking Have ques ti ons?We're here to help.a ZIP Cade" Hold Mail Change of Addrem Tracking Number: Product & Tracking Information Availab e Options Postal Product: Features: Email Updates Certified Mail7' October 6,2013,8:12 am Processed through HARRISBURG,PA 17107 USPS Sort Facility October 6,2013 Depart USPS Sort HARRISBURG,PA 17107 Facility October 5,2013,10:05 Processed through HARRISBURG,PA 17107 pm USPS Sort Facility October 4,2013 Depart USPS Sort PHILADELPHIA,PA 19176 Facility October 4,2013,9:04 pm Processed at USPS PHILADELPHIA,PA 19176 Origin Sort Facility October 4,2013,5:06 pm Dispatched to Sort WARRINGTON,PA 18976 Facility October 4,2013,3:13 pm Acceptance WARRINGTON,PA 18976 Track Another Package What's your tracking(or receipt)number? Track It LEGAL ON USPS.COM ON ABOUT.USPS.COM OTF32 USPS SITES Privacy Policy> Government Services> About USPS Home> Business Customer Gateway Terms of Use> Buy Stamps&Shop> New sroom> Postal Inspectors> FOIA> Print a Label with Postage> USPS Service Alerts> hspector General r No FEAR Act EEO Data> Customer Service> Forms&Publications> Postal Explorer Delivering Solutions to the Last Nile> Careers Site Index https://tools.usps.corr✓g off rackConfirmActi on.acti on?tRef=fullpage&tLc=1&tLabels=70131090000049361271 1/2 BENEFICIAL CONSUMER • IN THE COURT OF COMMON PLEAS OF DISCOUNT CO., • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • • vs. • CIVIL ACTION : NO. 13-3431 CIVIL ROBERT F. CIOCHETTO and ALYSSA C. CIOCHETTO • Defendants • IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this Z y day of October, 2013, following conciliation conference, this matter is removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay entered in this case is VACATED. BY THE COURT, Kevin . ess, P. J. �athan Wolf, Esquire For the Plaintiff ✓James Proctor, Jr., Esquire For the Defendant :r1m &cL /0/aSjia C:j °, rri co 3- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff aC 0rtitu Cult* Jody S Smith Chief Deputy '.' ,3 rim ilw� Richard W Stewart Solicitor QFF CE OF THE$"ERiF i Beneficial Consumer Discount Company vs. Case Number Robert F. Ciochetto (et al.) 2013-3431 SHERIFF'S RETURN OF SERVICE 08/21/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Alyssa C. Ciochetto, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of York County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 09/27/2013 03:54 PM - Deputy Jamie DiMartle, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 6 Woodmere Drive, Lower Allen -Township, Camp Hill, PA 17011, Cumberland County. 09/27/2013 03:54 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Robert F. Ciochetto at 6 Woodmere Drive, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 10/21/2013 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of York County upon Alyssa Ciochetto, personally, at 793 Heck Hill Road, Lewisberry, PA 17339. So Answers: Michael Donovan, Deputy Sheriff. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Steven Eisenberg, on behalf of the Bank of Beneficial Consumer Discount Company, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $1,034.09 SO ANSWERS, January 10, 2014 RONNK ANDERSON, SHERIFF WOOpi a. Pfre Sa �1-72/6 ,0,9r 30e.3-is Cuun;ySuite Sheriff TcI,csoft,Inc 4 ■ STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania v. Civil Action: 13-3431 Civil Term Robert F. Ciochetto Alyssa C. Ciochetto MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 6 Woodmere Drive,Camp Hill,PA 17011-7941. 1. Name and address of Owner(s) or Reputed Owner(s): Robert F. Ciochetto Alyssa C. Ciochetto 6 Woodmere Drive 120 Ore Bank Road Camp Hill,PA 17011-7941 Dillsburg,PA 17019 2. Name and address of Defendant(s) in the judgment: Robert F. Ciochetto Alyssa C. Ciochetto 6 Woodmere Drive 120 Ore Bank Road Camp Hill,PA 17011-7941 Dillsburg,PA 17019 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A J:\Stephanie L\Sales\HSBC_Ciochetto.docx 5. Name and address of every other person who has any record lien on the property: N/A 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: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg,Pennsylvania 17128 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: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle,PA 17013 Carlisle,PA 17013 Tenant(s)/Occupant(s) 6 Woodmere Drive Camp Hill,PA 17011. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: iJ ST 't : E SENBIRG,PC BY: _. • �_ Te.''SENBERG,ESQUIRE ❑ M.TROY FREEDMAN,ESQUIRE ❑ JACQUELINE F.McNALLY,ESQUIRE COMMONWEALTH OF PENNSYLVANIA ❑ LESLIE J. RASE,ESQUIRE NOTARIAL SEAL ❑ LEN M. GARZA,ESQUIRE DIANE J.TURANO,Notary Public HRISTINA C. VIOLA,ESQUIRE Warrington TW .,Bucks October 312014 rANDREW J. MARLEY,ESQUIRE Commission sires Attorney for Plaintiff Swo n ta. c4subs abed be ore me this d Day of � 5 , 20 (3 Notary Public J:\Stephanie L\Sales\HSBC_Ciochetto.docx r , f STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania v. Civil Action: 13-3431 Civil Term Robert F. Ciochetto Alyssa C. Ciochetto MORTGAGE FORECLOSURE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Robert F. Ciochetto Alyssa C. Ciochetto 6 Woodmere Drive AND 120 Ore Bank Road Camp Hill,PA 17011-7941 Dillsburg,PA 17019 Your real estate at 6 Woodmere Drive, Camp Hill, PA 17011-7941 is scheduled to be sold at Sheriffs Sale on Wednesday, December 4, 2013 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of$206,238.03 obtained by Beneficial against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern &Eisenberg,PC the back payments, late charges,costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern&Eisenberg PC, telephone(215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) J:\Stephanie L\Sales\HSBC_Ciochetto.docx r YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern&Eisenberg PC, telephone(215)572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern&Eisenberg PC, telephone(215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717)240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 J:\Stephanie L\Sales\HSBC_Ciochetto.docx r ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Allen Township,Cumberland County,Pennsylvania, bounded and described as follows: BEGINNING at a point on the Easterly line of Woodmere Drive, which point is 205.60 feet south of the Southeasterly corner of Nottingham Road and Woodmere Drive and at dividing line between Lots Nos. 14 and 15, Block N on the hereinafter mentioned Plan of Lots; thence along said dividing line North 58 degrees 15 minutes East 122.92 feet to a point at the dividing line between Lots Nos. 12 and 15,Block N on said Plan; thence along same South 47 degrees 49 minutes East 7.49 feet to a point at Westerly line of land now or late of Kenneth K. Hart; thence along same South 31 degrees 45 minutes East 67.82 feet to a point at other lands now or late of Kenneth K.Hart; thence along same South 58 degrees 15 minutes West 125 feet to a point on the Easterly line of Woodmere Drive aforesaid; thence along same North 31 degrees 45 minutes West 75 feet to a point,the place of BEGINNING. BEING Lot No. 15, Block N, in Plan of Country &Town Homes, Inc., recorded in Cumberland County Recorder's Office in Deed Book 7,Page 41. BEING premises known as 6 Woodmere Drive. UNDER AND SUBJECT to Acts of Assembly, county and township ordinances, rights of public utility and public service companies, existing restrictions and easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto and conditions and easements on said plan of lots. BEING the same premises which Howard J.Lindsay, unremarried widower by Deed dated July 13, 1998 and recorded September 9, 1998 in the Office of the Recorder of Deeds for the County of Cumberland in Deed Book 185 Page 99,granted and conveyed unto Robert P. Ciochetto, in fee. J:\Stephanie L\Sales\HSBC_Ciochetto.docx WRIT OF EXECUTION and/or ATTACHMENT • COMMONWEALTH OF PENNSYLVANIA) NO. 2013-3431 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO.OF PENNSYLVANIA Plaintiff(s) From ROBERT F. CIOCHETTO,ALYSSA C. CIOCHETTO (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due:$206,238.03 L.L.: $.50 Interest FROM 08/12/2013 @ THE PER DIEM RATE OF$40.98 UNTIL JUDGMENT IS PAID IN FULL Atty's Comm: Due Prothy: $2.25 Atty Paid: $218.70 Other Costs: Plaintiff Paid: Date: August 15,2013 c " -Th -21,ACA- David D. Buell,Prothonotary - (Seal) = • / i Ae1/_ .Deputy REQUESTING PARTY: Name: CHRISTINA C. VIOLA,ESQUIRE Address: STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PA 18976 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 308909 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at _t�C�arlisle,Pa. This ) S day of V 20 2 (f Prothonotary LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-3431 Civil Term or of record, to the extent that any persons or entities have acquired BENEFICIAL CONSUMER legal rights thereto and conditions DISCOUNT COMPANY and easements on said plan of lots. BEING the same premises which vs. Howard J. Lindsay, unremarried ROBERT F. CIOCHETTO, widower by Deed dated July 13,1998 Alyssa Ciochetto and recorded September 9, 1998 in Atty.: Steven Eisenberg the Office of the Recorder of Deeds ALL THAT CERTAIN tract of land for the County of Cumberland in with the improvements thereon erect- Deed Book 185 Page 99,granted and ed situate in Lower Allen Township, conveyed unto Robert P. Ciochetto, Cumberland County, Pennsylvania, in fee. bounded and described as follows: BEGINNING at a point on the Easterly line of Woodmere Drive, which point is 205.60 feet south of the Southeasterly corner of Notting- ham Road and Woodmere Drive and at dividing line between Lots Nos. 14 and 15, Block N on the hereinafter mentioned Plan of Lots;thence along said dividing line North 58 degrees 15 minutes East 122.92 feet to a point at the dividing line between Lots Nos. 12 and 15,Block N on said Plan; thence along same South 47 degrees 49 minutes East 7.49 feet to a point at Westerly line of land now or late of Kenneth K. Hart; thence along same South 31 degrees 45 minutes East 67.82 feet to a point at other lands now or late of Kenneth K.Hart;thence along same South 58 degrees 15 minutes West 125 feet to a point on the Easterly line of Wood- mere Drive aforesaid; thence along same North 31 degrees 45 minutes West 75 feet to a point, the place of BEGINNING. BEING Lot No. 15, Block N, in Plan of Country & Town Homes, Inc.,recorded in Cumberland County Recorder's Office in Deed Book 7, Page 41. BEING premises known as 6 Woodmere Drive. UNDER AND SUBJECT to Acts of Assembly, county and township or- dinances,rights of public utility and public service companies, existing restrictions and casements, visible 33 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. Lis Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 ■ . Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot;News Co.' 2'020 Technology Pkwy e patriotXews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. D lesenew Rt JCAT�(W& This ad ran on the date(s)shown below: 2013401 cave lion 10/13/13 b a i�r� 10/20/13 .it �— ��� _ 10/27/13 ALL 2 of the improvements thereon erected situate in Lower Allen`Taws,Centherland County, follows: bounded dew S orn to and subscribed be me this 11 day of November, 2013 A.D. BEGINNING at a point on the Easterly line , ' feet of Drive,e>which point is 205.60 0 ( �- Suutteastedy corner of �� _ �.�� A •• .--1,„ Nottmgham Road and Woodmere Drive and I N ry Public at dividing line between Lots Nos.14 and 15,Block N on the hereinafter mentioned Plan of Lots;thence along said dividing line H OF PENNSYLVANIA trth58 aaes15miutes East 122.92feet ' CQMMQPWEALTto a point at the.lividiog line between Lots Nos.12 and 15 Bipektit A. Plan;thence r/'?rIrlrl 5Coi East 7.49 a degrees 49 minutes holly Lynn!y„r itl,Nary Public Westerly line of vimhington,wr,•,Pnupitin Cut,nty land now or late of Kenneth K.Bart;d►ena y J,9sia)n Exn!rea" Dec.12 2016 6 �5outh3ldegrees 45 minutes East MEMPER PENNSYLVANIA 1"+1`.14• �nTARIES feet a t et other lands qvw ce COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Beneficial Consumer Discount Company is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 15th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 3431, at the suit of Beneficial consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania against Robert F. Ciochetto and Alyssa C. Ciochetto is duly recorded as Instrument Number 201401147. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / 5 day of , A.D. avl �f °my_ ,LtAthik7. Recorder ot Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018