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HomeMy WebLinkAbout14-0614 t D Supreme Co r nnsylvania C011 , hmo leas For Prothonotary Use Only: ? t Docket No: Cu rand j1r County d' The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or otherpapers as required by law or rules of court. Commencement of Action: S ®x Complaint ® Writ of Summons Petition E Transfer from Another Jurisdiction [3 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Orrstown Bank Filippo DeVita I Are money damages requested? El Yes ® No Dollar Amount Requested: 13 within arbitration limits (check one) 0 outside arbitration limits N Is this a Class Action Suit? ® Yes 0 No Is this an MDJAppeal? 13 Yes M No ` A Name of Plaintiff /Appellant's Attorney: Scott A. Dietterick, Esquire ® 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 ® Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle ® Debt Collection: Other ® Board of Elections ® Nuisance ® Dept. of Transportation ® Premises Liability ® Statutory Appeal: Other S ® Product Liability (does not include E mass tort) ® Employment Dispute: ® Slander/Libel/ Defamation Discrimination C ® Other: ®Employment Dispute: Other ®Zoning Board T ® Other: v I ® 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 0 Mandamus © Landlord/Tenant Dispute [3 Non - Domestic Relations ®x Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental ® Partition © Replevin ® Legal ® Quiet Title ® Other: ® Medical ® Other: Other Professional: Updated 1/1/2011 C* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION , t ca Plaintiff, Vs. TYPE OF PLEADING FILIPPO DEVITA and RACHELA IANNUZZI, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF: Orrstown Bank, Plaintiff TO: DEFENDANT(s) COUNSEL OF RECORD FOR THIS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE PARTY: ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT Scott A. Dietterick, Esquire MAY BE ENT WD AGAI T YOU. Pa. I.D. #55650 Kathryn L. Mason, Esquire Pa. I.D. #306779 ATT EY R I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 2695 Philadelphia Avenue Chambersburg, PA 17201 JSDC Law Offices AND THE DEFENDANT(S): P.O. BOX 650 37 Burgners ill Road Hershey, PA 17033 Carlisle, P 170 ATTO (717) 533 -3280 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 37 Burgners ill Road, Carlisle, PA 17015 ATTO Y O TI IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, : NO.: vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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 INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249 -3166 (800) 990 -9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: VS. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. AVISO USTED HA SIDO DEMONDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE •DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249 -3166 (800) 990 -9108 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: VS. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Orrstown Bank, by its attorneys, JSDC Law Offices, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Orrstown Bank, which has its principal place of business at 2695 Philadelphia Avenue, Chambersburg, Pennsylvania 17201. 2. The Defendants, Filippo DeVita and Rachela Iannuzzi, are adult individuals who reside at 37 Burgners Mill Road, Carlisle, Pennsylvania 17015. 3. On or about December 18, 2009, Defendants executed a Promissory Note ( "Note ") in favor of Plaintiff in the original principal amount of $134,400.00. A true and correct copy of said Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about December 18, 2009, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $134,400.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on December 29, 2009 as Instrument Number 200942828. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B ", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about November 25, 2013, Defendants were mailed combined Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. True and correct copies of said Notices are marked Exhibit "C ", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 128,450.17 Interest through 1/27/2014 $ 3,533.44 Late Charges $ 248.18 Other Charges/Fees $ 2,820.77 Attorney's Fees $ 1,650.00 Title Costs $ 410.00 TOTAL $ 137,112.56 plus interest on the principal sum ($128,450.17) from January 28, 2014, at the rate of $21.44 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $137,112.56, with interest thereon at the rate of $21.44 per diem from January 28, 2014 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises JSDjLaw Mterick,Esquire Dated: 3 � C BY: Scot PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533 -3280 Attorneys for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" PROMISSORY NOTE ri Lotin Otto. s $4,40 o:QV.::.> A2= 18..200S: aI- A ►:: ;::�fltiAfS =: References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing •" has been omitted due to text length limitations. BorrOWer: Filippo DeVita Lender: ORRSTOWN BANK Rachela larnuzzi STONEHEDGE OFFICE 37 Burgners Mill Road 77 EAST KING STREET Carlisle. PA 17015 P O BOX 260 SHIPPENSBURG, PA 17257 Principal Amount: $134,400.00 Date of Note: December 18, 2009 Maturity Date: December 23, 2039 PROMISE TO PAY. I i "Borrower ") jointly and severally promise to pay to ORRSTOWN BANK ( "Lender "), or order, in lawful money of the United States of America, the principal amount of One Hundred Thirty -four Thousand Four Hundred & 001100 Dollars (5134,400.00), together with Interest on the unpaid principal balance from December 23, 2009, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, 1 wig pay this ban in accordance with the following payment schedule. which calculates interest on the unpaid principal balances as described in the "INTEREST CALCULATION METHOD" paragraph us" the interest rates described in this paragraph: 84 monthly consecutive principal and Interest payments In the Initial amount of $827.62 each, beginning January 23, 2010, with Interest calculated on the unpaid principal balances using an initial Interest rate of 6.250% per annum based on a year of 360 days: and 275 consecutive principal and interest payments, beginning January 23. 2017, with interest calculated on the unpaid principal balances using an interest rate based on the Index described below (currently 0.370 %), plus a margin of 2.750 percentage points, the sum rounded to the nearest 0.125, subject to any restrictions on the maximum increase or decrease at one tine. My final payment will be due on December 23, 2039 and will be for all principal and accrued interest not yet paid. together with any other unpaid amounts under this Note. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final paymem will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to principal; then to any late charges; and then to any unpaid collection costs. 1 will pay Lender at Lender's address shown above ar at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. For the first 84 payments, the interest rate on this loan will be 6.250 %. Thereafter, the interest rate on this Note Is subject to change from time to time based on changes in an independent index which is the weekly average yield on US Treasury Securities adjusted to a constant maturity of one year (the "Index'). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying me. Lender will tell me the current Index rate upon my request. The interest rate change will not occur more often then each year. 1 understand that Lender may make loans based on other rates as well. The Index currently Is 0.370% per annum. The Interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the 'Payment' section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the• just - ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the lesser of 12.250% per annum or the maximum rate allowed by applicable law. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one time on this loan will not exceed 2 "000 percentage points. Unless waived by Lander, any increase in the interest rate will increase the amounts of my payments. INTEREST CALCULATION METHOD. interest on this Note is computed on a 301360 basis; that is, with the exception of odd days before the first fug payment cycle, monthly interest is calculated by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, muttiplied by a month of 30 days. Interest for the odd days before the first fug month is calculated on the basis of the actual days and a 360-day year. All interest payable under this Note is computed using this method. PREPAYMENT. 1 agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to me upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, l may pay without penalty all or a portion of the amount owed earlier then it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full ", "without recourse ", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Orrstown Bank, North Pointe Operations Center, 2695 Philadelphia Avenue Chambersburg, PA 17201, LATE CHARGE. If a payment is 16 days or more late, I will be charged 10.000% of the regularly scheduled payment or $20.00. whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue interest at the interest rate under this Note, with the final interest rate described in this Note applying after maturity, or after maturity would have occurred had there been no default. it judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, In no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. I fail to make any payment when due under this Note. Break Other Promises. 1 break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver Is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor of governmental agency tries to take any of the property or any other of my property in which Lender ..• PROMISSORY NOTE Loan No: 1060006148 (Continued) Page 2 has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, If I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective CollateraGzation. This Note or any of the related documents ceases to be In full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note Is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation parry of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the Indebtedness evidenced by this Note. Insecurity. Lender in good faith believes Itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the some provision of this Note within the preceding twelve 02) months, it may be cured if I, after Lender sends written notice to me demanding cure of such default: (1) cure the default within fifteen (15) days; or 12) if the cure requires more than fifteen (15) days, immediately inItiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, attar giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest Immediately due, and then I will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount. This Includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees,'expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or Injunction), and appeals. If not prohibited by applicable law, 1 also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and I hereby waive the right to any jury, trial in any action, proceeding, or counterclaim brought by either Lender or me against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender end, to the extent not preempted by federal law, the laws of the Commonwealh of Pennsylvania without regard to its conflicts of low provisions. This Now has been accepted by Lender in the Commonwealth of Pemrsyhrerda. DISHONORED ITEM FEE. I will pay a fee to Lender of $20.00 if I make a payment on my loan and the check or preauthorized charge with which I pay is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable low, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other accoun0. This Includes all accounts i hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to admtnistratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. I acknowledge this Note is secured by the following collateral described In the security Instrument listed herein: a Mortgage dated December 18, 2009, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG, PA 17257. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or Impair, tall to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "1 ", "me ", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, 1. AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: :. X (Seal) X' eat) 7F IS Fi po DeVithk Rechela lannuzzi EXHIBIT "B" ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 ' 717 -240 -6370 Instrument Number - 200942828 Recorded On 12/29/2009 At 2:48:28 PM * Total Pages - 1 I * Instrument Type - MORTGAGE Invoice Number - 58404 User ID - MSW * Mortgagor - DEVrrA, FILIP1 * Mortgagee - ORRSTOWN BANK * Customer - PA REAL ESTATE * STATE WRIT TAX $0.50 Cer tification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $23.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $74.00 I Certify this to be recorded in Cumberland County PA ♦ O f CUa, � nrSd v t RECORDER Of DEEDS � - I nso " - Information denoted by an asterisk may change during the verification process and may not he reflected on this page. 001017 111 I[fi[II[lil[illll[[II[[il �I 001 OF7 Parcel Identification Number- 46-18-1392-041 RECORDATION REQUESTED BY: ORRSTOWN BANK STONEHEDGE OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG, PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK NORTH POINTE OPERATIONS CENTER 2695 PHILADELPHIA AVENUE CHAMBERSBURG; PA 17201 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $134,400.00 THIS MORTGAGE dated December 18, 2009, is made and executed between Filippo DeVita and Rachela lannuzzi, whose address is 37 Burgners Mill Road, Carlisle, PA 17015 (referred to below as "Grantor ") and ORRSTOWN BANK, whose address is 77 EAST KING STREET, P O BOX 250, SHIPPENSBURG, PA 17257 (referred to below as "Lender "). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sails, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures: all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditements, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relatinq to the real property, including without limitation all minerals, oil, g as, geothermal and similar matters, Ithe "Real Property ") located in Cumberland County, Commonwealth of Pennsylvania: See attached The Real Property or its address is commonly known as 37 Burgners Mill Road, Carlisle, PA 17015. The Real Property parcel identification number is 46 -18- 1392 -041. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE {Al PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $134.400.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (11 remain in possession and control of the Property; (2) use, operate or manage the Property: and (31 collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; 12) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, Ibl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, of le) any actual or threatened litigation or claims or any kind by any person relating 10 such Tatters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture. store, treat, dispose of or release any Hazardous Substance on, under, about Or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby 11) releases and waives any future claims MORTGAGE (Continued) Page 2 against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and 12) agrees to indemnify, defend, and hold harmless lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, Including the obligation to Indemnity and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any Interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas). coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such improvements with improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to (respect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not Jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of ail or any part of the Real Property, or arty Interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, tide or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sate, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest In the Real Property, However, this option shall not be exercised by Lender If such exercise Is prohibited by federal law or by Pennsylvania low. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not Jeopardized, If a lien arises or Is filed as a result of nonpayment, Grantor shall within fifteen 115) days after the lien arises or, it a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficlent corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shell upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and In such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lander certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each Insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood insurance, If available, within 45 days after notice Is given by Lender that the Property is located In a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. MORTGAGE (Continued) Page 3 Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired. Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. It Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If Grantor fails (At to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or ICI to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shag survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued In favor at. and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above. Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage. Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered. to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities, Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding In condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or putchase in lieu of condemnation, Lender may at its election require that all or any portion of the not proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes. Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: 11) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage. this event shall have the same effect as an Event of Default, and Lender may exercise anv or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2i contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement, This instrument shag constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. MORTGAGE (Continued), Page 4 Security interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real Property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expanses Incurred in perfecting or continuing this security Interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor Idebtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the Bens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned of hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. it is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest In the Santa and the Personal Property. Grantor will pay, If permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Mortgage if any of the following happen: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance. or any other payment necessary to prevent filing of or to eftect discharge of any lien. Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage. False Statamerrts. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Defective Coilateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Taking of the Property. Any Creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which Lender has a lien. This Includes taking of, garnishing of or levying on Grantor's accounts with Lender. However, if Grantor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any Indebtedness or other obligation of Grantor to Lender, whether existing now or later. Evems Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or fiability under, any Guaranty of the indebtedness. Insecurity. Lender In good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve it 2) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such defauh: to cures trig default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Defauh and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at Its option, after giving such notices as required by applicable taw, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all of any part of the Personal Property, Lender shall have all the rights and MORTGAGE iContinued) Page 5 remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply tiro net proceeds, over and above Lender's costa, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either In person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judieial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest In all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non - judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor. Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shell, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable low, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten 110) days before the time of the safe or disposition. Any safe of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. It Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is Involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law. Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimila )unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. ADJUSTABLE RATE RIDER. An exhibit, titled " AOJUSTABLE RATE RIDER,' its attached to this Mortgage and by this reference is made a part of this Mortgage just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Mortgage. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pan of this Mortgage: Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to Interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and. to the extent not MORTGAGE (Continued) Page 6 Preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender In the Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Grantor under this Mortgage shell be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in writing. The tact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to gat Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Severability. if a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by Itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be invalid or unenforceable. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in arty capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means Filippo DeVita and Rachela lannuzzi and includes all co- signers and co-makers signing the Note and all their successors and assigns. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ('CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99.499 ('SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default The words "Event of Default" mean any of the events of default set forth in this Mortgage In the events of default section of this Mortgage. , Grantor. The word "Grantor" means Flippo DeVita and Rachela lannuzzi. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note, Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled, The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materiels or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by- products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The words "successors or assigns' mean any person or company that acquires any interest in the Note. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated December 18, 2009, in the original principal amount of 5134,400.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is December 23, 2039. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds fincluding without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property' mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Reds. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. MORTGAGE (Continued) P 8ge 7 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X s I Seatl Filippo De L X (Soap R chela lannuzzi Sig ed, acknowledged and defiverej in the pr s nee of: X witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, ORRST ein is folio STONEHEDGE OFFICE, 77 EAST KING STREET, P O 80X 250, SHIPPEN 8 G, PA 257 Attorney or A t for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) p ISS COUNTY OF CA' - - -Qt..� I On this, the I O �/T,:, day of �-- r- -�^-�� , 20 ,before me C & -E ( vC. t-AS , the undersigned Notary Public, personally appeared Filippo DeVita and Rachefa fannuzzi. known to me (or satisfactorily proven) to be the person whose names are subscribed to the within Instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof. I hereunto set my hand and official seal. QEaRQE�r� Notary Public in and for the State Of Rb WILIME RORa;w"MiI MOOUNIY MYCOMMISSIONFOIRE$JU a2v LASER PRO Lending, Ver. 5.48.00.004 Copr, Harland Financial Solutions, Inc. 1997, 2009, All Rights Reserved. PA c: \CFI \LPL \G03,FC TR -24275 PR -28 ,, � �a;�!za a ;: ,�.,�. ins �,-: � �sr- �?= T ADJUSTABLE RATE RIDER This ADJUSTABLE RATE RIDER is attached to and by this reference is made a part of the Mortgage, dated December 18, 2009, and executed in connection with a loan or other financial accommodations between ORRSTOWN BANK and Filippo DeVita and Rachela lannuzzi, This adjustable rate rider will secure Borrower's Adjustable Rate Note (the "Note ") to ORRSTOWN BANK (the "Lender ") of the same date and covering the property described in this Security Instrument and located at: THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY, ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial rate of 6.25 %. The Note provides for changes in the interest rate and the monthly payments. as follows: (A) Change Dates The interest rate I will pay may change on the 23rd day of December, 2016, and on that day every twelve morith(s) thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year(s), as made available by the Federal Reserve Board. The most recent index figure available as of the date 45 days before each Change Date is called the "Current Index." If the index is no longer available, the Lender will choose a new index which is based upon comparable information. The Lender will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Lender will calculate my new interest rate by adding 2.75 percentage points to the Current Index. The Lender will then round the result of this calculation to the nearest one - eighth of arts percentage point (0,925 %). Subject to the limits stated in Section (D) below, this rounded amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date In full on the maturity date at my now ineerest rate in substantially equal payments. The result of this calculation will be the new amount of My monthly payment. (D) Limits on Interest Rate Changes The interest rate that t am required to pay at the first Change Dote will not be greater than two percentage points (2.000 %1 over the original interest rate. Thereafter, my interest rate will never be Increased or decreased on any single Change Date by more than two percentage points (2.000 %) from the rate of interest I have been paying the preceding twelve month(s). My interest rate will never be greater than six percentage points (6.000 %) ovar the original interest rate. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (Fl Notice of Changes The Lender will deliver or mail me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include Information required by law to be given to me and also the title and telephone number of a person who will answer any question 1 may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: Transfer of the property or a Beneficial interest in Borrower. If all or any part of the Property or any interest in it Is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by Ibis Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lander also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee: and (b) Lender resonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of an covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a resonable fee as a condition to Lender's Consent of the loan assumption, Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lander exercises the option to require immediate payment in full. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this security Instrument without further notice or demand on Borrower. SNDfVIDUAL ACKNOWLEDGMENT Commonwealth of Pennsylvania } C t y'�x! t } sS County of _ Q Q y� � this, the �" T day of BL ��C.�'° 2CM• before me CtCFLC �, pGii (stn the undersigned Notary Public, personalty appeared i' -i {'Sit: c�'i AN d2ACHE n•�ca.2.'�r known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, __ and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. EM F.DOLKMKNOTARYKMM CARUN E 80PA CUMBIM" CDUtM MY COfiANtISBfON gfPjRES JUNE �, 2011 ADJUSTABLE RATE RIDER (Continued) Page 2 THIS ADJUSTABLE RATE RIDER IS EXECUTED ON DECEMBER 18. 2009. GRANTOR: Filippo De Yi ; !' :: d� R " r'( Raoh a tann ` 1•�9EE MO WEwd Kr.St9.ppA01 GM. Whd inueu19n4�mwErt. 199). ]OM. +mrypMfpne.m. - .rKFlMl=.K- Wn..29 OMAWAIENT FOR TITLE INSURA.,,, ,E SCHEDULE A (confined) File No. 2009 -1180 Commitment No. 2009 -11.80 LEGAL DESCRIPTION 37 Burguers Mill Road, Carlisle, PA ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and descnbed in accordance with a Plan prepared by Larry V. Neidlinger, P.E., dated September 3, 1981 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 45, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06 minutes 23 seconds East, 90.0 feet to an iron pin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355.89 feet to the centerline of T-457; thence along said centerline of T-457, South 60 degrees 04 minutes 43 seconds West, 105.0 feet to a point, the point of BEGINNING. Sehedule A —Page 2 of 2 Fiae it: 2009 -1180 - Salzmann Hughes, P.C. ALTA Commitment (6-17 -06) - TIRBOP & STG modifications (41 -07) cEgeW� we guaraNy oomPMY a EXHIBIT "C" Z 2'1 OzutsT)owivBaNx � � v A Tradition o xce Ellence f November 25, 2013 Filippo DeVita Rachela lannuzzi 37 Burgners Mill Rd. Carlisle, PA 17015.8981 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender Intends to foreclose. Specific information about the nature of the default Is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, _ address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 -342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. if you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. I LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Filippo DeVita and Rachela lannuui PROPERTY ADDRESS: 37 Burgners Mill Rd., Carlisle, PA 17015 -8961 LOAN ACCT. NO.: 1060006148 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER /SERVICER: BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE. MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice ( plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARILY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT — The MORTGAGE debt held by the above lender on your property located at: 37 Burgners Mill Rd., Carlisle, PA 17015 -8961 IS IN SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: September 23rd payment of $827.52, October 23rh payment of $827.52 and November 23, 2013 payment of $827.52 totaling $2,482.56. Other charges (explain /itemize): LATE CHARGES -- $165.42 TOTAL AMOUNT PAST DUE: $2,647.98 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: NIA HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,647.98 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ORRSTOWN BANK ATTN: LINDA MOWEN 2695 Philadelphia Avenue Chambersburg, PA 17201 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NIA IF YOU DO NOT CURE THE DEFAULT — If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON — The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: !dame of Lender: Orrstown Bank Address: 2695 Philadelphia Avenue Chambersbura PA 17201 Phone Number: (717) 709 -3033 Fax Number: (717) 264 3154 Contact Person: Linda Mowen E-Mail Address: lmowen0orrstown com. EFFECT OF SHERIFF'S SALE — You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. 1692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt or any portion thereof within this thirty -day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. Sincerely, ORRSTOWN BANK Linda K. Mowen Assistant Vice President Sr. Consumer Collector SENT VIA REGULAR AND CERTIFIED MAIL Cc: PHFA 211 N Front St Harrisburg PA 17101 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Advantage Credit Counseling Service / CCCS of Western Pennsylvania, Inc. PHFA 2000 Linglestown Road, Ste 302 211 North Front Street Harrisburg, PA 17102 Harrisburg, Pa. 17101 (888) 511 -2227 (717) 780 -3940 or 800 - 342 -2397 Community Action Comm. of Capital Region PA Interfaith Community Programs, Inc. 1514 Derry Street 40 E. High Street Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232 -9757 (717) 334 -1518 Marantha PathStone Corporation 43 Philadelphia Ave. 2150 Carlisle Road Waynesboro, PA 17268 Aspers, PA 17304 (717) 762 -3285 (717) 677 -6150 Base, Inc. Housing Alliance of York/Y 447 South Prince Street Housing Community Lancaster, PA 17603 290 West Market Street (717) 392 -5467 York, Pa. 17401 (717) - 855 -2752 PathStone Corporation PathStone Corporation 1625 North Front Street 450 Cleveland Ave. Harrisburg, PA 17102 Chambersburg, PA 17201 (717) 234 - 6616 (717) 264 -5913 Advantage Credit Counseling Service CCC of Western PA 55 Clover Hill Road Dallastown, PA 17313 (888) 511 -2227 UNITEDSTATES POSTAL SERVICE, Date: December 2, 2013 Rachela lannuzzi: The following is in response to your December 2, 2013 request for delivery information on your Certified Mail"' item number 9171969009350009693941. The delivery record shows that this item was delivered on November 26, 2013 at 3:04 pm in CARLISLE, PA 17015. The scanned image of the recipient information is provided below. Signature of Recipient: �` e✓1�f � t1C,Q ' ad ! • n Address of Recipient: - ��'�v('�ccs Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service t D�VI uHrrmstnTFs POSTdLSERVKEa Certificate Of Wilip 1++ S:r Tqr {a�`rn}yryl. ".'r0:.•a.:EGrx IlM;rctrriMS f ^RIr Fes:: ^rAY]!.. lr >cc -`'kr U r 'Inc. r.r my G.: UE40 b' 7.rrs0 e U Mae:rtuna! rror `. L" ChamhPrshnry PA 17701 N O o i W o PS Form 3617. Apra 2007 PSN 7530 -02- 000.9065 UNnEDSTArFS POSMLSERVICE* Certificate of Inr,+'.. .tr;•cd: ^rr4�u:.MVU :a.ra':e t'�n.y n,•itr + {'ftmlavl ;:•,'7F � 'ni a' ntS'c•+' uS•1 W yM••ff : a'.l *!K'd ..nd: rya. V � From� C� N K' lr C, NOV t Q hamho, al,,, rest .ilk T^ G � N V Z .� ` N O r = 9 : b . — . N N 1 V . N O PS Form 3817. April 2007 PSN 7530 -9065 Uf!lTED S7dTES POS•fdL'SERV1 EG EG aP Certificate Of Nla +lls7 •' iry cenc..N.R fi Man J::i•gt ;•ncat::Cb'•n3A r.ascF+r.pae �r t` � �. Qj. the rar, mBV Q�us,aY +A :,r,sh. pq nl.K.vff -ne: rj! � . N ' From. � - - ran— = a ve. .0 W r� t om. T.- 1 s r N 4 W n o� N � lo. PS Form 3817•AP'd 2007 PSN 7530 -02 - 000.9065 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. VERIFICATION I, �A�/�/ , on behalf of Orrstown Bank, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief Date: /tSsis79 1C' �45�DF cJ7 , a Orrstown Bank, Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Filippo DeVita & ; Rachela Iannuzzi, , (� Defendant(s) l.h Civil 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 an appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the 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 the conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of 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 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 an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit processes forward. Ts= CD r a IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. I Resp ctfull bmitted: / A A Date Sc ie tt ck, Esquire PA I.D. 5650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533 -3280 Attorneys for Plaintiff Orrstown Bank, Plaintiff(s) IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. Filippo DeVita & Rachela Iannuzzi, 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 property which is the subject of the mortgage foreclosure action; 2. Defendant lives in the subject real property, which is the 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 the 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 false statements are made subject to 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 Orrstown Bank, Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Filippo DeVita & Rachela Iannuzzi, Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 2012, 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 scheduling 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 Court House, 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 the service of the completed Form 2 is to be made may be expected. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the timeframe set forth herein or such other date as agreed upon by parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceeding 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 moths; 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. J. 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: 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? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION 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 & 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: Assets Amount Owed Value: Horne: $ $ 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. 2. 3. 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 nd 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 Su ort/Alim. Spending Mone Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTFIORIZATION Me, , 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 Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V .Proof of income Past 2 bank statements -Vr Proof of any expected income for the last 45 days Y Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation r (hardship letter) V Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .6q t0 01 4:4q1(0,,,,, ' Jody S Smith Chief Deputy 2014 FEB 14 PH I. 20 COUNTY Richard W Stewart CUMBERLAND Solicitor PENNSYLVANIA Orrstown Bank vs. Case Number Filippo Devita (et al.) 2014-614 SHERIFF'S RETURN OF SERVICE 01/31/2014 07:00 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Vincenzo Devita, son, who accepted as"Adult Person in Charge"for Filippo Devita at 37 Burgners Mill Road, West Pennsboro Township, Carlisle, PA 17015. �r Y VA ERIE WEARY, DEPUTY 01/31/2014 07:00 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Vincenzo Devita, son, who accepted as"Adult Person in Charge"for Rachela lannuzzi at 37 Burgners Mill Road, West Pennsboro, Carlisle, PA 17013. �v ` V VALERIE WEARY, DEPUTY SHERIFF COST: $50.78 SO ANSWERS, X‘.':‘,//2 February 05, 2014 RONNY R ANDERSON, SHERIFF Orrstown Bank, v. Filippo DeVita & Rachela Iannuzzi, Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant(s) : 1 LI — I LI Civil REQUEST FOR CONCILIATION CONFERENCE FriCa • Pursuant to the Administrative Order dated F-E.."6 2 $ , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: Defendant is the owner of the property which is the subject of the mortgage foreclosure action; 2. Defendant lives in the subject real property, which is the Defendant's primary residence; Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in the 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 false statements are made subject to penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. gnature of Defendant's Counsel/Ap .'. inted Date Legal Representative r Orrstown Bank Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : Docket No. 14-614 Filippo Devita and Rachela Iannuzzi : CIVIL ACTION- Defendants : MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Jaime M. Haley, Esquire, of MidPenn Legal Services, attorney for the Defendants, Rachela Iannuzzi and Filipo Devita, hereby certify that I am serving a copy of the Praecipe for Entry of Appearance and Request for Conciliation Conference on the Plaintiff, through their attorney, on the following date and in the manner indicated below: DATE: O U.S. First Class Mail, Postage Pre-Paid z 0 (cf. Scott A. Dietterick, Esq. Kathryn L. Mason, Esq. JSDC Law Offices P.O. Box 650 Hershey, PA 17033 MIDPENN LEGAL SERVICES Jaime M. Haley, Esquire Attorney for Defendant Supreme Ct. ID # 205255 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 Orrstown Bank Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : Docket No. 14-614 Filippo Devita and Rachela lannuzzi Defendants ;E. 17.74 : CIVIL ACTION- : MORTGAGE FORECLOSL%t PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of MidPenn Legal Services on behalf of the Defendants, Rachela Ianuzzi and Filippo Devita, in the above matter, representing the Defendants in the Cumberland County Residential Mortgage Foreclosure Diversion Program. DATE: 05 taq- re-0 ( Respectfully Submitted, MIDPENN LEGAL SERVICES (X.LAAAD Jaime M. Haley, Esquire Attorney for Defendant Supreme Ct. ID # 205255 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 Orrstown Bank Plaintiff v. Filippo Devita and Rachela lannuzzi Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : Docket No. 14-614 rn C7, -0 ---,- ir...., 1 1--- ---e -- ..o -z.,.. ..., : : : CIVIL ACTION- MORTGAGE FORECLOSU:3:-<:-.'!: ,,..-.., CASE MANAGEMENT ORDER AND NOW, thisiZlelday of , 2014, the defendant/borrower in the above- 5- 7 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 ety g 0/g at /;30/20/ in Pennsylvania. at the Cumberland County Courthouse, Carlisle, 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 and may be 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 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 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, DISTRIBUTION: aime M. Haley, Esquire MidPenn Legal Services 401 E. Louther Street, Ste 103 Carlisle, PA 17013 For the Defendant ✓ Scott A. Dietterick, Esq. Kathryn L. Mason, Esq. JSDC Law Offices P.O. Box 650 Hershey, PA 17033 For the Plaintiff C es /12a tqc(., .4/ a/•Y J /Y� ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 14-0614 CIVIL FILIPPO DEVITA and RACHELA : IANNUZZI, Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 9 6 day of May, 2014, on agreement that any outstanding documents will be furnished within fifteen days and that the plaintiff will thereafter conduct a review of the matter, the conciliation conference is continued generally, the matter to be relisted at the request of either party. "Ralph Salvia, Esquire For the Plaintiff ,/faime Haley, Esquire For the Defendants :rim 4 BY THE COURT, A )4 Kevin Hess, P. J. 0 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION — LAW NO. 14-0614 CIVIL FILIPPO DEVITA and RACHELA : IANNUZZI, Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this Z day of June, 2014, at the request of counsel for the plaintiff, a conciliation conference is set for Friday, July 11, 2014, at 3:15 p.m. in Chambers of the undersigned. Scott A. Dietterick, Esquire Foe Plaintiff Jaime Haley, Esquire For the Defendants :rim ' ES t/2 7//( BY THE COURT, Kevin Hess, P. J. ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 14-0614 CIVIL FILIPPO DEVITA and RACHELA : IANNUZZI, Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this /''I' day of July, 2014, after conciliation conference, this matter is removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay entered in this case is lifted. ✓ Scott A. Dietterick, Esquire For the Plaintiff Jaime Haley, Esquire For the Defendants :rim CO -31 'ES' Pat ltr—L BY THE COURT, C -- N.) ORRSTOWN BANK, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. I Hereby certify that the last known address of Defendant(s) is/are: 37 Burgners Mill Road Carlisle, PA 17015 Kathryn L. Mason, Esquire CIVIL DIVISION No.:14-614 Civil ISSUE NUMBER: TYPE OF PLEADING: i,.. E tii l:' Jr li EPROTHONO TA ` -GFF 4:E 20110111C _1 111110 uUI�1BEfrL ? PENNSYL ANIUNTy A PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: Orrstown Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kathryn L. Mason, Esquire Pa. I.D. #306779 JSDC LAW OFFICES P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff Wp021 dOc// I R4, 36 qa -23 �161(e leJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. TO: PROTHONOTARY CIVIL DIVISION NO.: 14-614 Civil PRAECIPE FOR DEFAULT JUDGMENT SIR/MADAM: Please enter a default judgment in the above -captioned case in favor of Plaintiff and against Defendants, Filippo DeVita and Rachela Iannuzzi, in the amount of $141,554.02 which is itemized as follows: Principal Interest through 7/30/2014 Late Charges Other Charges/Fees Attorney's Fees Title Costs TOTAL $ 128,450.17 $ 7,478.40 $ 744.68 $ 2,820.77 $ 1,650.00 $ 410.00 $ 141,554.02 plus interest on the principal sum ($128,450.17) from July 31, 2014, at the rate of $21.44 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Dated: July 31, 2014 BY: JSDC Law Offices U6C41-111,Litu:i Ifich.t‘c Scott A. Dietterick, Esquire PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kathryn L. Mason, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. u&--thi-414.4-:rrcbt,c. Kathryn L. Mason, Esquire Sworn to and subscribed before me this 30 day of July, 2014. OniGi MAL L. Notary Public My Commission Expires: ‘,51) vLib NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Feb 2, 2017 ORRSTOWN BANK, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FILIPPO DEVITA and RACHELA IANNUZZI, CIVIL DIVISION NO.: 14-614 Civil Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Filippo DeVita ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $141,554.02 plus interest on the principal sum ($128,450.17) from July 31, 2014, at the rate of $21.44 per diem, plus additional late charges, and costs (including -additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ORRSTOWN BANK, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FILIPPO DEVITA and RACHELA IANNUZZI, CIVIL DIVISION NO.: 14-614 Civil Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Rachela Iannuzzi ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $141,554.02 plus interest on the principal sum ($128,450.17) from July 31, 2014, at the rate of $21.44 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Department of Defense Manpower Data Center Status Report Pursuant to Servicexnembers Civil, Relief Act Last Name: IANNUZZI First Name: RACHELA Middle Name: Active Duty Status As Of: Jul -31-2014 Results as of : Jul -31-2014 06:42:06 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA � t \ii] `S. y — .--,— ---;.-1":„.;. 1'f No� NA This response reflects the indivlduats' active duty status based on the Active Duty. 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 r^:7 -n) NA '�`' � `*,,. . y -I i -;==e-N;:11_. II 1 NA This response reflects where the individual left active d tea` ^ c - p duty status within' 367 days preceding the Active Duty Status Date ' i ,t 1,11 i ,4 The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA lk\ NA-.., ` -., . - 4. t,';-411- , . ; i ' NA This response reflects whether the, individual or his/her unit has reoeWed4rly.notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,rbasedon-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. A. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: FCJ1 N5F1 L031 EEO Department of Defense Manpower Data Center Status Report Pursuant to Servicemernlbers Cid, Relief Act. Last Name: DEVITA First Name: FILIPPO Middle Name: Active Duty Status As Of: Jul -31-2014 Results as of : Jul -31-2014 06:42:53 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End'' Date Status Service Component NA hStatus NA /'� +I> -'''''''-....:•••• ---""+�r4 N% NA fr • This response reflects the in -iii iduals' active duty status based on the Active Duty Status Date n Left Active Duty Within 367 Days of Active Duty Status Data Active Duty Start Date Active Duty End Date Status Service Component NA P.: •? .NA ' -= `^1 '. ..2;:e7 -e:-7.147 tl 11 ,. i NA I .-., i -, -- ,�.-t9 .r"-_- _ V -E:+1 This response reflects where the individual leftactiveduty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA \1 NA \'. \ ,. -. / -.4* Lf.No% _ '.✓ Ii NA This response reflects whether.tha individual of hislher unit has received a Ay nbfiificatioA-tocreport for active duty vim, J Upon searching the data banks of the Department of Defense Manpower Data Center„based'o 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. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 5CR65561Z031330 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY. ,1,12 Cum v. - OF:F1C.E OF THE SHERIPP Orrstown Bank vs. Filippo Devita (et al.) Case Number 2014-614 SHERIFF'S RETURN OF SERVICE 01/31/2014 07:00 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Vincenzo Devita, son, who accepted as "Adult Person in Charge" for Filippo Devita at 37 Burgners Mill Road, West Pennsboro Township, Carlisle, PA 17015, VA ERIE WEARY, DEPUTY • 01/31/2014 07:00 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Vincenzo Devita, son, who accepted as "Adult Person in Charge" for Rachela lannuzzi at 37 Burgners Mill Road, West Pennsboro, Carlisle, PA 17013. 6L, VALERIE WEARY, DEPUTY SHERIFF COST: $50.78 SO ANSWERS, February 05, 2014 CountySuite Sheriff, Teleosoft, Inc. RONI\IY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRS TOWN BANK, CIVIL DIVISION NO.: 14-614 Civil vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. * IMPORTANT NOTICE TO: Rachela Iannuz7i 37 Burgners Mill Road Carlisle, PA 17015 DATE OF NOTICE: July 16, 2014 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 14-614 Civil vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. AVISO IMPORTANTE A. Rachela Iannuzzi FECHA DEL AVISO: July 16, 2014 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLE VAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Asso 'ation 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-91 Date: July 16, 2014 Scott A. Dietterick, Esquire PA I.D. #55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 14-614 Civil vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. IMPORTANT NOTICE TO: Filippo DeVita 37 Burgners Mill Road Carlisle, PA 17015 DATE OF NOTICE: July 16, 2014 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 14-614 Civil vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. AVIS() IMPORTANTE A. Filippo DeVita FECHA DEL AVISO: July 16, 2014 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JSDC Date: July 16, 2014 BY: Sv,ttA. PA LD. #556 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 Attorneys for Plaintiff ti Orrstown Bank v IN THE COURT OF CCNDN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION File No. 14-614 Civil Filippo DeVita & Rachela Iannuzzi (Plaintiff) Amount Due Interest from 7/31/2014 date of sale Atty's Comm (Defendant(s) TO THE PROTHONOTARY OF THE SAID COURT: Costs § 141,554.02 to $ 2,701.44 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, itis 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. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberlapc ..,., County, for debt, interest and costs upon the•following described property of .he defendant(s) -ID --- r f = See Exhibit "A" attached. z_r- t %n c rn r--, -^i C.171) �L -17 t `1' PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of interest and costs, as above, directing attachment the following property (if real estate, supply six copies of lengthy personalty list) -- 4 :: . County, for debt, against the above-named garnishee(s) for copies of the description; supply four and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: July 31, 2014 Signature: d, at n . '' ason, squire - Print Name: Scott A. Dietterick, Esquire Address: 6779 James Smith Dietterick & Connelly LLP P 0 Box 650, Hershey PA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 as /‘t° Supreme Court ID No.: 55650 -OLS" .S6q 1 "1 i �s cf Z-� a LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with. a Plan prepared by Larry V. Neidlinger, P.E., dated September 3, 1981 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 45, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06 minutes 23 seconds East, 90.0 feet to an iron pin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355.89 feet to the centerline of T-457; thence along said centerline of T-457, South 60 degrees 04 minutes 43 seconds West, 105.0 feet to a point, the point of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 37 Burgners Mill Road, Carlisle, Pennsylvania 17015 BEING the same premises which Lavern H. Gross, widow, by Deed dated March 21, 2006 and recorded on March 22, 2006 in and for Cumberland County in Deed Book 273, Page 3276, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 46-18-1392-041 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. CIVIL DIVISION NO.: 14-614 Civil (-) FILIPPO DEVITA and r° r RACHELA IANNUZZI c7 em— Defendants. o --4 Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 37 Burgners Mill Road, Carlisle, Pennsylvania 17015: AFFIDAVIT PURSUANT TO RULE 3129.1 1. Name and Address of Owner(s) or Reputed Owner(s): FILIPPO DEVITA RACHELA IANNUZZI 2. Name and Address of Defendant(s) in the Judgment: FILIPPO DEVITA RACHELA IANNUZZI 37 Burgners Mill Road Carlisle, PA 17015 37 Burgners Mill Road Carlisle, PA 17015 37 Burgners Mill Road Carlisle, PA 17015 37 Burgners Mill Road Carlisle, PA 17015 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: ORRSTOWN BANK MIDLAND FUNDING, LLC PORTFOLIO RECOVERY ASSOC. LLC Plaintiff c/o Michael F. Ratchford 120 N. Keyser Avenue Scranton, PA 18504 140 Corporate Boulevard Norfolk, VA 23502 PA DEPARTMENT OF REVENUE Bureau of Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128 DEPARTMENT OF LABOR & INDUSTRY Unemployment Compensation Fund 651 Boas Street Harrisburg, PA 17121 4. Name and Address of the last record holder of every mortgage of record: ORRSTOWN BANK Plaintiff 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland Co Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEPARTMENT OF REVENUE COMMONWEALTH OF PA PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland Co Courthouse One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: July 31, 2014 JSDC Law Offices BY: "I 1 d,TOl,,- Scott A. Dietterick, Esquire PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. FILIPPO DEVITA and CIVIL DIVISION NO.: 14-614 Civil RACHELA IANNUZZI,r - --A -SCO . In -- rn-o; fl Defendants. -� ,—; r^ Z -/r1:7.- . — -c c.' �. T NOTICE OF SHERIFF'S SALE - =•,,�.; OF REAL PROPERTY PURSUANT TO1 PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 = " Filippo DeVita 37 Burgners Mill Road Carlisle, PA 17015 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 3, 2014, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 37 Burgners Mill Road Carlisle, Pennsylvania 17015 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 14-614 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Filippo DeVita & Rachela Iannuzzi A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Dated: July 31, 2014 BY: JSDC Law Offices Scott A. Dietterick, Esquire PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Lany V. Neidlinger, P.E., dated September 3, 1981 and recorded in the Office of the Recorder of Deeds in and for Cumberland County; Pennsylvania, in Plan Book 41, Page 45, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06 minutes 23 seconds East, 90.0 feet to an iron pin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355.89 feet to the centerline of T-457; thence along said centerline of T-457, South 60 degrees 04 minutes 43 seconds West, 105.0 feet to a point, the point of BEGINNING. HAVING thereon erected a dwelling house being known and, numbered as 37 Burgners Mill Road, Carlisle, Pennsylvania 17015 BEING the same premises which Lavern H. Gross, widow, by Deed dated March 21, 2006 and recorded on March 22, 2006 in and for Cumberland County in Deed Book 273, Page 3276, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 46-18-1392-041 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. CIVIL DIVISION NO.: 14-614 Civil rc) NOTICE OF SHERIFF'S SALE v OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Rachela Iannuzzi 37 Burgners Mill Road Carlisle, PA 17015 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 3, 2014, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 37 Burgners Mill Road Carlisle, Pennsylvania 17015 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 14-614 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Filippo DeVita & Rachela Iannuzzi A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the sameCourt if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return •date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Dated: July 31, 2014 JSDC Law Offices BY: 11)neillAj-J.A.J Scott A. Dietterick, Esquire PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Larry V. Neidlinger, P.E., dated September 3,1981 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 45, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06 minutes 23 seconds East, 90.0 feet to an iron pin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355.89 feet to the centerline of T-457; thence along said centerline of T-457, South 60 degrees 04 minutes 43 seconds West, 105.0 feet to a point, the point of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 37 Burgners Mill Road, Carlisle, Pennsylvania 17015 BEING the same premises which Lavern H. Gross, widow, by Deed dated March 21, 2006.and recorded on March 22, 2006 in and for Cumberland County in Deed Book 273, Page 3276, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 46-18-1392-041 Exhibit "A" THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717)240-6195 www.ccpa.net ORRSTOWN BANK Vs. NO 14-614 Civil Term CIVIL ACTION — LAW FILIPPO DEVITA & RACHELA IANNUZZI WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $141,554.02 L.L.: $.50 Interest FROM 7/31/14 TO DATE OF SALE -$2,701.44 Atty's Comm: Due Prothy: $2.25 Atty Paid: $199.53 Other Costs: Plaintiff Paid: Date: 8/1/14 (Seal) 4.(424e -L David D. Buell, Prothonota �$Y Af P Deputy REQUESTING PARTY: Name: KATHRYN L. MASON, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP P.O. BOX 650 HERSHEY, PA "17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 ORRSTOWN BANK, vs. 3-GFF CE IN THE COURT OF COMMON PLEAS ^ 4 f' E `) I f11; J TA R CUMBERLAND COUNTY, PENNSYLVAN �{ NO - 3 p ii 2: j 9 CIVIL DIVISIOI' JMBERLAND COUNTY PENNSYLVANIA Plaintiff, FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. NO.: 14-614 CIVIL ISSUE NO.: TYPE OF PLEADING: Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Orrstown Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kathryn L. Mason, Esquire Pa. I.D. #306779 JSDC LAW OFFICES P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff ORRSTOWN BANK, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. CIVIL DIVISION NO.: 14-614 Civil Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Orrstown Bank, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendants/Owners and Other Parties of Interest as follows: 1. Defendants, Filippo DeVita and Rachela Iannuzzi (hereinafter "Defendants"), are the record owners of the real property. 2. On or about September 26, 2014, Defendants were served with Plaintiff's Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, personally by the Sheriff of Cumberland County at the address of 37 Burgners Mill Road, Carlisle, Pennsylvania 17013. True and correct copies of said Notices and the Sheriff's Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about October 22, 2014, Plaintiffs counsel served all other parties in interest with Plaintiffs Notice of Sheriff's Sale according to Plaintiffs Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre -Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. Dated: October 31, 2014 Sworn to and subscribed before me. this 31st day of October, 2014 BY: Sco A. i ie erick, Esquire Pa. I.D. #55650 Kathryn L. Mason, Esquire Pa. I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff VJOCj--- Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Feb 2, 2017 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Orrstown Bank vs. Filippo Devita (et al.) Case Number 2014-614 SHERIFF'S RETURN OF SERVICE 09/26/2014 05:23 PM - Deputy Shawn Gutshall, 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 37 Burgners Mill Road, West Pennsboro - Township, Carlisle, PA 17015, Cumberland County. 09/26/2014 05:23 PM - Deputy Shawn Gutshall, 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: Filippo Devita at 37 Burgners Mill Road, West Pennsboro Township, Carlisle, PA 17015, Cumberland County. 09/26/2014 05:23 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice-and-Deseriptiori- -r - • • - + - , • - nown its cunlenls arid at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Rachela lannuzzi at 37 Burgners Mill Road, West Pennsboro, Carlisle, PA 17013, Cumberland County. SHERIFF COST: $976.24 SO ANSWERS, October 16, 2014 RONNY R ANDERSON, SHERIFF (c) CountySude Sheriff, Teleosoft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • ORRSTOWN BANK, cm", DIVISION Plaintiff, NO.: 14-614 Civil vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. NOTICE OF SHERIFF'S SALE. OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE. OF CIVIL PROCEDURE 3129 Rachela Iannuzzi 37 Burgners Mill Road Carlisle, PA 17015 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 3, 2014, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 37 Burgners Mill Road Carlisle, Pennsylvania 17015 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 14-614 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Filippo DeVita & Rachela Iannuzzi A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petitionwith the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JSDC Law Offices Dated: July 31, 2014 BY: Scott A. Dietterick, Esquire PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract, of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Larry V. Neidlinger, P.E., dated September 3, 1981 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 45, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds. West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06 minutes 23 seconds East, 90M feet to an iron pin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355.89 feet. to the centerline of T-457; thence along said centerline of T-457, South 60 degrees 04 minutes 43 seconds West, 105.0 feet to a point, the point of BEGINNING. HAVING thereon erected a dwelling house being ltown and numbered as 37 Burghers Mill Road, Carlisle, Pennsylvania 17015 BEING the same premises which Lavern H. Gross, widow, by Deed dated March 21, 2006.and recorded on March 22, 2006 in and for Cumberland County in Deed Book 273, Page 3276, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 46-18-1392-041 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK,, CIVIL DIVISION Plaintiff, NO.: 14-614 Civil vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Filippo DeVita 37 Burgners Mill Road Carlisle, PA 17015 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 3, 2014, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 37 Burgners Mill Road Carlisle, Pennsylvania 17015 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 14--614 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Filippo DeVita & Rachela Iannuzzi A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to: be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. . You. may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to'the .Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Dated: July 31, 2014 BY: JSDC Law Offices Scott A. Dietterick, Esquire PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL. DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with, a Plan prepared by Larry V. Neidlinger, P.E:, dated September 3, 1981 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 45, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06 minutes 23 seconds East, 90.0 feet to an ironpin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355:89 feet to the centerline of T-457; thence along said centerline of T-457, South 60 degrees 04 minutes 43 seconds West, 105.0 feet to a point, the point of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 37 Burgners Mill Road, Carlisle, Pennsylvania 17015 BEING the same premises which Lavern H. Gross, widow, by Deed dated March 21, 2006.and recorded on March 22, 2006 in and for Cumberland County in Deed Book 273, Page 3276, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 46-18-1392-041 Exhibit "A" N,1 3 Furl �2 H ZV8LZ9EI•0I.1-0 9EOL . dIZ 14 Co 8 30fi/iS0'd rsn b I.OZ/ZZ/0 l JaiseN S906-000-ZO-0£SL NSd LOOZ IP Z1r9LZ91.I,CI•1.0 SCOL&' dIZ 50-C. VA ti 171.0Z/ZZ/0 JelseH iaUNITED STATES POSTAL SERVICE. This C This h From Certificate Of Maili JSDC LAW OFFICES ATTN: CHRISTINE SPURLOCK P.O. BOX 650 HERSHEY, PA 17033 To:W lii Id W 1 I ,Cr L�11U7� i�Q W I I �.JG C(� ar}hduv, gUarm P*) 0 N GJ O N r0 c..r-lislr, , Pia 170/3 PS Form 3817, April 2007 PSN 7530-02-000-9065 Pi_o r rta bac&/a /an', ozit alUNITED STATES POSTAL SERVICE. This Ce This fon Certificate Of Mailinj From: JSDC LAW OFFICES ATTN: CHRISTINE SPURLOC P.O. BOX 650 HERSHEY, PA 17033 To: arniran 4 OF, PA 2,f -Arent 0 ' YvelPicre, Po. Har6-tsbn , 1---1105- PS 0S PS Form 3817, April 2007 PSN 7530-02-000-9065 PLa'pp° L+7 4 ach-dzr l2nt) u -2a This C1 This fo From JUNITED STATES POSNIL SERVICE. Certificate Of Mai su m JSDC LAW OFFICES ; ATTN: CHRISTINE SP P.O. BOX 650 HERSHEY, PA 1703 Yfia O N N C -4 C3 0 10 0 r OCa ni N At 0 oF' f�-.venc PR lnberdan( 7 vysaan apt -el -nu -VT a81)Noo 1 Hams&' PA? /7/21_ 01061 PS Form 3817, April 2007 PSN 7530-02-000-9065 PLIiP/x ,)w -2aefrJ 12nno7 1 JhlsC ,This foi From: UNITED STATES P'OSTAL SERVICE at •certificate Of Mac,c11,711:-/- JSDC LAW OFFICES 7 ATTN: CHRISTINE SPURLOOR i P.O. BOX 650 i ej ha , I HERSHEY, PA 17033 ,C1 -S.,,\,_ T°50/34cRivitfit of /?&Perat -s, iti--?,\'' 0 Roraii of) ComPlaiCg, 2 :5 " N 1,1er) &ether C.1) ....4 ... ..., I\ 9 0 PO• 06a olq091/6) /12/ns 0/7/22 CO 0 41. P6 Form 3817, April 2007 PSN 7530-02-000-9065 ppo ilvd-2 4 R2cheig l'247nozii • :=UNITED STATES WillINSTALSERVIcto • From: Certificate Of Mailitl JSDC LAW OFFICES ;---- . ATTN: CHRISTINE SPURLOCK / - P.O. BOX 650 1 ( HERSHEY, PA 17033\ ,4ft0Z \).'\4:-...- T°' fir. -01e, Re&Y I*(aprlk ou4s5levardec:2-4;'-'-'7;''': " N c VA 7-33-02• H 9 p...) 0 0j a) 044. o cry 0 -GO 0 woa 0 Cl 0 CD 0 PS Forrn 3817,Aprii 2007 PSN 7530-02-000-9065 PO Le ivd-A 82tchelalamv2zi UNITED STATES POS7BL SERVICEml an Thul Froi Certificate Of Mailiri in c c,C71 JSDC LAW OFFICES ATTN: CHRISTINE SPURLOCK P.O. BOX 650 idol 77, HERSHEY, PA 17033 \. To: Atirdlard Pondin9, C/O Inc,h24.ei fPatel4ord A]. hoper Ave.nor, Saran -10y-) ) PI' /RED)/ PS Form.3817, April'200 PSN 7530-02-000-9065 Pa ppo Leirria R2iche,/2 C:: N -Ch‘ N.) 0 -4 (.4 Co 0) N) 0 —0 3. *CO 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, : CIVIL DIVISION Plaintiff, NO.: 14-614 Civil vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. NOTICE TO LIENIIOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Midland Funding, LLC c/o Michael F. Ratchford 120 N. Keyser. Avenue Scranton, PA 18504 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 3, 2014 at 10:00 a.m., the following described real estate which Filippo DeVita and Rachela Iannuzzi, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 37 Burgners Mill Road Carlisle, Pennsylvania 17015 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff, vs. Filippo DeVita and Rachela Iannuzzi, Defendants. at EX. NO. 14-614 Civil in the amount of $141,554.02, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to ii e Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: October 22, 2014 By: JSDC PA ID #55650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff Esq LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Larry. V. Neidlinger, P.E., dated September 3, 1981.and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 45, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06, minutes 23 seconds East, 90.0 feet to an iron pin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355.89 feet to the centerline of T-457; thence along said centerline of T-457, South 60 degrees 04 minutes 43 seconds West, 105.0 feet to a point, the point of BEGINNING. HAVING thereon erected a dwelling house being knownand numbered as 37 Burgners Mill Road, Carlisle, Pennsylvania 17015 BEING the same premises which Lavern H. Gross, widow, by Deed dated March 21, 2006 and recorded on March 22, 2006 in and for Cumberland County in Deed Book 273, Page 3276, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 46-18-1392-041 Exhibit "A" O vs. STOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FILIPPO DEVITA and RACHELA IANNUZZI, CIVIL DIVISION NO.: 14-614 Civil Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Portfolio Recovery Assoc., LLC 140 Corporate Boulevard Norfolk, VA 23502 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 3, 2014 at 10:00 a.m., the following described real estate which Filippo DeVita and Rachela Iannuzzi, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 37 Burgners Mill Road Carlisle, Pennsylvania 17015 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff, vs. Filippo DeVita and Rachela Iannuzzi, Defendants. at EX. NO. 14-614 Civil in the amount of $141,554.02, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: October 22, 2014 By: JSDC L cott A. , Esquire PA ID #55650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Larry V. Neidlinger, P.E., dated September 3, 1981 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 45, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06 minutes 23 seconds East, 90.0 feet to an iron pin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355.89 feet to the centerline of T-457; thence along said centerline of T-457, South 60 degrees 04 minutes 43 seconds West, 105.0 feet to a point, the point -of BEGINNING HAVING thereon erected a dwelling house being known and numbered as 37 Burgners Mill Road, Carlisle, Pennsylvania 17015 BEING the same premises which Lavern H. Gross, widow, by Deed dated March 21, 2006 and recorded on March 22, 2006 in and for Cumberland County in Deed Book 273, Page 3276, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 46-18-1392-041 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, : NO.: 14-614 Civil vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: PA Department of Revenue Bureau of Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 3, 2014 at 10:00 a.m., the following described real estate which Filippo DeVita and Rachela Iannuzzi, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 37 Burgners Mill Road Carlisle, Pennsylvania 17015 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED. AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff, vs. Filippo DeVita and Rachela Iannuzzi, Defendants. at EX. NO. 14-614 Civil in the amount of $141,554.02, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale, or this Notice, you should contact your attorney as soon as possible. JSDC Dated: October 22, 2014 By: A. Dietterick, Esquire PA ID #55650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Larry V. Neidlinger, P.E., dated September 3, 1981 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 45, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06 minutes 23 seconds East, 90.0 feet to an iron pin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355.89 feet to the centerline of T-457; thence along said centerline of T-457, South 60 degrees 04 minutes 43 seconds West, 105.0 feet to a point, the point of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 37 Burgners Mill Road, Carlisle, Pennsylvania 17015 BEING the same premises which Lavern H. Gross, widow, by Deed dated March 21, 2006 and recorded on March 22, 2006 in and for Cumberland County in Deed Book 273, Page 3276, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 46-18-1392-041 Exhibit "A" ORRSTOWN BANK, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FILIPPO DEVITA and RACHELA.IANNUZZI, Defendants. CIVIL DIVISION NO.: 14-614 Civil NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Department of Labor & Industry Unemployment Compensation Fund 651 Boas Street Harrisburg, PA 17121 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 3, 2014 at 10:00 a.m., the following described real estate which Filippo DeVita and Rachela Iannuzzi, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 37 Burgners Mill Road Carlisle, Pennsylvania 17015 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff, vs. Filippo DeVita and Rachela Iannuzzi, Defendants. at EX. NO. 14-614 Civil in the amount of $141,554.02, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JSDC LA Dated: October 22, 2014 By: A Sco , A. D t. - qu e PA ID #55650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Larry V. Neidlinger, P.E., dated September 3, 1981 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 45, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06 minutes 23 seconds East, 90.0 feet to an iron pin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355.89 feet to the centerline of T-457; thence along said centerline of T-457, South 60 degrees 04 minutes 43 seconds West, 105.0 feet to a point, the point of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 37 Burgners Mill Road, Carlisle, Pennsylvania 17015 BEING the same premises which Lavern H. Gross, widow, by Deed dated March 21, 2006 and recorded on March 22, 2006 in and for Cumberland County in Deed Book 273, Page 3276, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 46-18-1392-041 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 14-614 Civil vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 3, 2014 at 10:00 a.m., the following described real estate which Filippo DeVita and Rachela Iannuzzi, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 37 Burgners Mill Road Carlisle, Pennsylvania 17015 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff, vs. Filippo DeVita and Rachela Iannuzzi, Defendants. at EX. NO. 14-614 Civil in the amount of $141,554.02, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: October 22, 2014 By: JSDC LA Sly A. I� ' erick, Esquire PA ID #55 0 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Larry V. Neidlinger, P.E., dated September 3, 1981 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 45, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06 minutes 23 seconds East, 90.0 feet to an iron pin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355.89 feet to the, centerline of T-457; thence along said centerline of T-457, South 60 degrees 04 minutes 43 seconds West, 105.0 feet to a point, the point of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 37 Burgners Mill Road, Carlisle, Pennsylvania 17015 BEING the same premises which Lavern H. Gross, widow, by Deed dated March 21, 2006 and recorded on March 22, 2006 in and for Cumberland County in Deed Book 273, Page 3276, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 46-18-1392-041 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 14-614 Civil vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Department of Revenue PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 3, 2014 at 10:00 a.m., the following described real estate which Filippo DeVita and Rachela Iannuzzi, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 37 Burgners Mill Road Carlisle, Pennsylvania 17015 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff, vs. Filippo DeVita and Rachela Iannuzzi, Defendants. at EX. NO. 14-614 Civil in the amount of $141,554.02, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: October 22, 2014 By: JSDC LA Scott A. Diettsquire PA ID #55650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Larry V. Neidlinger, P.E., dated September 3, 1981 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 45, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06 minutes 23 seconds East, 90.0 feet to an iron pin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355.89 feet to the centerline of T-457; thence along said centerline of T-457, South 60 degrees 04.minutes 43 seconds West, 105.0 feet to a point, the point of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 37 Burgners Mill Road, Carlisle, Pennsylvania 17015 BEING the same premises which Lavern H. Gross, widow, by Deed dated March 21, 2006 and recorded on March 22, 2006 in and for Cumberland County in Deed Book 273, Page 3276, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 46-18-1392-041 Exhibit "A" ORRSTOWN BANK, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. CIVIL DIVISION NO.: 14-614 Civil NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 3, 2014 at 10:00 a.m., the following described real estate which Filippo DeVita and Rachela Iannuzzi, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 37 Burgners Mill Road Carlisle, Pennsylvania 17015 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff; vs. Filippo DeVita and Rachela Iannuzzi, Defendants. at EX. NO. 14-614 Civil in the amount of $141,554.02, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: October 22, 2014 By: JSDC L 'p i r Atair tt A. ¶ iettenck, Esquire PA ID # 5650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Larry V. Neidlinger, P.E., dated September 3, 1981 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 45,, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06 minutes 23 seconds East, 90.0 feet to an iron pin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355.89 feet to the centerline of T-457; thence along said centerline of T-457, South 60 degrees 04 minutes 43 seconds West, 105.0 feet to a point, the • point of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 37 Burgners Mill Road, Carlisle, Pennsylvania 17015 BEING the same premises which Lavern H. Gross, widow, by Deed dated March 21, 2006 and recorded on March 22, 2006 in and for Cumberland County in Deed Book 273, Page 3276, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 46-18-1392-041 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 14-614 Civil vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Domestic Relations Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 3, 2014 at 10:00 a.m., the following described real estate which Filippo DeVita and Rachela Iannuzzi, are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 37 Burgners Mill Road Carlisle, Pennsylvania 17015 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff, vs. Filippo DeVita and Rachela Iannuzzi, Defendants. at EX. NO. 14-614 Civil in the amount of $141,554.02, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: October 22, 2014 By: JSDC LAW Scott . Dietterick, Esquir PA ID #55650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Larry V. Neidlinger, P.E., dated September 3, 1981 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 45, as follows: BEGINNING at a point in the centerline of West Pennsboro Township Road No. T-457, at the corner of Lot No. 2 of said Plan; thence along Lot No. 2, North 47 degrees 18 minutes 04 seconds West, 358.43 feet to an iron pin; thence along Lot No. 6 of said Plan, North 65 degrees 06 minutes 23 seconds East, 90.0 feet to an iron pin; thence along Lot No. 4 of said Plan, South 50 degrees 02 minutes 22 seconds East, 355.89 feet to the centerline of T-457; thence along said centerline of T-457, South 60 degrees 04 minutes 43 seconds West, 105.0 feet to a point, the point of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 37 Burgners Mill Road, Carlisle, Pennsylvania 17015 BEING the same premises which Lavern H. Gross, widow, by Deed dated March 21, 2006 and recorded on March 22, 2006 in and for Cumberland County in Deed Book 273, Page 3276, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 46-18-1392-041 Exhibit "A"