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HomeMy WebLinkAbout14-0647 r � . Supreme Co nnsylvania COur Cc6 o leas For Prothonotary Use Only: Cu rla'n� � Docket No: a County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint ® Writ of Summons ® Petition E3 Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Orrstown Bank Filippo DeVita T Dollar Amount Requested: ®within arbitration limits I Are money damages requested? IM Yes ® No (check one) ®x outside arbitration limits 0 N Is this a Class Action Suit? ® Yes IM No Is this an MDJAppeal? [3 Yes 0 No 1� 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 0 Buyer Plaintiff Administrative Agencies [3 Malicious Prosecution ® Debt Collection: Credit Card C] 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 13 Employment Dispute: mass tort) ® Slander/Libel/ Defamation Discrimination C ® Other: ® Employment Dispute: Other 13 Zoning Board T ® Other: I ® Other: o MASS TORT ® Asbestos N ® Tobacco ® Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste Other: 13 Ejectment � Common Law/Statutory Arbitration B ® Eminent Domain/Condemnation ® Declaratory Judgment El Ground Rent ® Mandamus ® Landlord/Tenant Dispute ® Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY uo Warranto Mortgage Foreclosure: Commercial Q ® Dental ® Partition ® Replevin 13 Legal ® Quiet Title ® Other: ® Medical ® Other: ® Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION NO.: 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: ENCLO ED COMPLAINT WITHIN TWENTY (20) DAYS FROM S RVICE REO OR A DEFAULT JUDGMENT Scott A. Dietterick, Esquire MAY BE NT D AGA ST YOU. Pa. I.D. #55650 Kathryn L. Mason, Esquire Pa. I.D. #306779 LAINTIFF 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 Burg rs Road Hershey, PA 17033 t °CZ')` Carlisle, A 7 5 z-- J 1 r r ATTOR INT (717) 533 -3280' - CERTIFIGkTE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OFi THE REAL ESTATE AFFECTED BY THIS LIEN IS 223 S. H Hove a t, Carlisle, PA 17013 I A O T V ow 12* 26idn 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 DEMONDADOIA 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 redicando 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 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 $37,000.00. A true and correct copy of said Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about 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 $37,000.00 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 200942829. 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. Plaintiff was not required to send Defendant(s) written Notice pursuant to 35 P.S. § 1680.403 (c) (Homeowners' Emergency Mortgage Assistance Act of 1983, - Act 91 of 1983), prior to commencement of this action for the reason that the aforesaid mortgaged premises is not the principal residence of Defendant. 8. Plaintiff was not required to send Defendants) written notice of Plaintiff's intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that the aforesaid mortgaged premises is an unimproved lot, and therefore, said Mortgage is not a "residential mortgage" as defined in 41 P.S. §101. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 32,183.12 Interest through 1/29/2014 $ 1,069.32 Late Charges $ 685.16 Other Charges /Fees $ 1,855.00 Attorney's Fees $ 1,650.00 Title Costs $ 410.00 TOTAL $ 37,852.60 plus interest on the principal sum ($32,183.12) from January 30, 2014, at the rate of $7.27 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 $37,852.60, with interest thereon at the rate of $7.27 per diem from January 30, 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 JSDC Law Of l Dated: I / / BY: Scott-AN eric s wire 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 3 12 :..� 7.Q . ,Qp ... -. 8��1�9:• .��- �8.2��.: ;;::750�3� . �� �: �� :;.,.� ....._r;3pn:; : •::: ;yp�3� : 8::�i � �.f3.lG;: '. 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 DeVhe Lender: ORRSTOWN BANK Rachela (annuuI STONEHEDGE OFFICE 37 Burghers Mill Road 77 EAST KING STREET Carlisle, PA 17016 P 0 BOX 250 SHIPPENSBURG, PA 17257 Principal Amount: $37,000.00 interest Rate: 8.250% Date of Note: December 18, 2009 Maturity Date: December 18, 2024 PROMISE TO PAY. I t "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 Thirty-seven Thousand & 00 /100 Dollars 1$37,000.00), together with interest on the unpaid principal balance from December 18, 2009, calculated as described in the "INTEREST CALCULATION METHOD' paragraph using an interest rate of 8.250% per annum, until paid in full. The Interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT' section. PAYMENT. I will pay this loan in 160 payments of $359.05 each payment. My first payment is due January 18, 2010, and all subsequent payments are due on the same day of each month after that. My final payment will be due on December 18, 2024, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable low, payments will be applied first to any accrued unpaid interest: then to principal; then to any late charges; and then to any unpaid collection costs. i will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. INTEREST CALCULATION METHOD. Interest an this Note is computed on a 3661365 simple interest basis: that I$. by applying the ratio of the interest rate over the number of days in a year, multipried by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All imerest payable under this Note is computed using this method. PREPAYMENT. l may pay without penalty all or a portion of the amount owed earlier than 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 1 send such a payment, Lender may accept it without losing env of Lender's rights under this Note, and 1 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 Chembersburg, PA 17201. LATE CHARGE. If a payment is 16 days or more late, 1 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 Nate. If 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. DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. I fag to make any payment when due under this Note. Break Other Promises. I 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 or governmental agency tries to take any of the property or any other of my property in which Lander 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 Coliateratization. This Note or any of the totaled 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 (Vote 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. Cure Provisions. 11 any default, other than a default in payment is curable and it I have not been given a notice of a breach of the same provision of this Note within the preceding twelve (121 months, it may be cured If 1, after Lender sends written notice to me demanding cure of such default: it) cure the default within fifteen 05) days; or (2) if the cure requires more than fifteen 05) 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, after giving such notices as required by applicable low, 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. 1 will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attomeys' 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 PROMISSORY NOTE Loan No: 160036764 Montinued) Page 2 or injunction), and appeals. if not prohibited by applicable few, I also will pay any court costs, in addition to all other sums provided by low. 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. DISHONORED ITEM FEE. ) will pay a fee to Lender of $33.00 if 1 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 law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). 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. 1 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 administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. 1 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. 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 Inaccuracylles) 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 low, 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, fail 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 then the party with whom the modification Is made. The obligations under this Note ere joint and several. This means that the words "I% '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. 1. 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: . !Seal) X : U . I Sea11 Filippo DeVita Rachela lannuzzi IAfEP MDI „ J.FW.6MA�.OM hP. K,IM hvne414Y4.+n4Mw 1291.NS. M11em Na,wU .M eYINRl0AIt 111E�f1E M.110 EXHIBIT "B" ROBERT P. ZIE CLER -- -- RECORDER OF DEEDS,~ CUMBERLAND COUNTS. 1 COURTHOUSE SQUARE CARLISLE, PA 17013 •. 717 -240 -6370" , Instrument Number- 200942929 Recorded On 12/2912009 At 2:43:29 I'M * Total Pages - 9 * Instrument Type - MOR1'C.A('.1s Invoice Number - 53404 User 11) - .MSW l "'Mortgagor - DEVITA, FILIPPO t Mortgagee - ORRSTOW N BANK Customer - I'A REAL ESTATE. * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE RECORDING FEES - $19.50 �O NOT DE TACH RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 'I'hts fah i s now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $70.00 I Certify this to be recorded in Cumberland County PA pF CU 1780 * - Information denoted by an asterisk may change during the verification process and may not be rellecled nn this Page. OOtOFB �. 1�II�111 Parcel Identification Number: 03.21- 0320 -174 RECORDATION REQUESTED BY: ORRSTOWN BANK f STONEHEDGE OFFICE 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG, PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK STONEHEDGE OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG, PA 17257 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $37,000.00 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, sells, 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, hereditaments, 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 relating o the real property, including without limitation all minerals, oil, g as, geothermal and similar matters, (the "Real Property ") located in Cumberland County, Commonwealth of Pennsylvania: See attached The Real Property or its address is commonly known as 223 S. Hanover Street, Carlisle, PA 17013. The Real Property parcel identification number is 03 -21- 0320 -174. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future teases 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 IA) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $37,000.00, 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 (3) collect the Rents from the Property. Duty to Nlairttatn. 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: 11) 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; (21 Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, lai any breach or violation of any Environmental Laws, (b) 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, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; 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 aoolicable federal, state. and local laws. regulations and otdinanres, inrh,dinn withrne limitwinn nit MORTGAGE (Continued) P age 2 any such laws; and (2) 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 some was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be effected 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 Buffer 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 Ilncluding 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 a[ 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 inspect 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 a 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 all or any part of the Real Property, or any interest In the Real Property. A "sets or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or Involuntary: whether by outright sale, deed, Installment sale contract, land contract, contract for deed, leasehold Interest with a term greater than three 13) 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 law. 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 land 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 materiel 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. It a Tien arises or Is filed as a result of nonpayment, Grantor shall within fifteen (151 days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or it requested by Lender, deposit with Lender cash or a sufficient 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 env adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond fumished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governments) otRcial 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 materiels. 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 Lender certificates of coverage from each Insurer containing a stipulation that Coverage will not be cancelled or diminished without a minimum of ten 4101 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, 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. 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 MORTGAGE (Continued) Page 3 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 front the proceeds for the reasonable cost of repair or restoration it 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, it any, shall be applied to the principal balance of the Indebtedness. If 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. It Grantor tails (AI to keep the Property tree of all taxes, liens, security interests, encumbrances, and other claims. 18) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. It 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; (81 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 12) 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 shall 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 tee 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 tide opinion Issued in favor of, 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 Titie. 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 shalt 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 purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net 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: it) a specific tax upon this type of Mortgage or unon all or ony part of the Indebtedness secured by this Mortgage: 42) 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 1141 a specific tax on all or any portion of the indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes, it any tax to which this section applies Is enacted subsequent to the: dale of this Mortgage, this event shall have the some effect as an Event of Default, and Lender may exercise any 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, at 121 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. MORTGAGE (Continued) Pa 4 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 shell reimburse Lender for all expenses 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 (debtor) 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 pert 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, rallied, or rerecorded, as the case may be, at such times end 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 (fens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shell reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. It 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, fife, 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 Rents 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 tails 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 effect 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 Statements. Any representation at 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 fumished. Defective Collaterafization, 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 rnonfes 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. Events 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 at becomes incompetent, or revokes or disputes the validity of, at liability 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 some provision of this Mortgage within the preceding twelve 112) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen 0 51 days; or 12) if the cure requires more then fifteen 115) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes ati 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 Default and at env 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 law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. MORTGAGE (Continued) Page 5 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 the net proceeds, over and above Lender's costs, 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 some 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 alt or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or safe, 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 It 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. Judicial 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•judlcial 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 shall, 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 law, Grantor hereby waives any and all right to have the Property marshalled, to exercising its rights and remedies, Lender shall be free to sell oil 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 1101 days before the time of the sale or disposition. Any sate of the Personal Property may be made in conjunction with any sate 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. If 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 provlded by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shell be given in writing, and shall be effective when actually delivered, when actually received by telefacsim0e lunless 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. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part 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 MORTGAGE (Continued) Page 6 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 get 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 any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shalt 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 shell 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. 1'CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99.499 ( "SARA "I, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at 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 Filippo DeVite and Rachela lannuzzi. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation parry 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 arty and all hazardous or toxic substances, materials 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 $37,000.00 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 18, 2024. 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 ail proceeds (including without limitation all insurance proceeds and refunds of premtumsl from any sale of 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. Rents. The word "Rents" means all present and future rents, revenues, Income, issues, royalties, profits, and other benefits derived from the Property. MORTGAGE (Continued) Page 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 17 IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: 0 aX� <.• ISeai) Fi ippo DeV! 5 � X (Seal) Rachela lannuui Signed, acknowledged and delivered in the presence of: X Wit ass vlrtn ®ss .. CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follow STONEHEDGE OFFICE, 77 EAST KING STREET. P O BOX 25() SHiPPERG'P 57 c �� t tfor�ey or A - e for Mor gagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) r ISS COUNTY OF C�— i r f On this, the r D {{ day of ,� 20 0 _ before me -S CF .. `r s { S 7 the undersigned Notary Public, personally appeared Filippo DeVita and Rachela lannuzzi, known to me for 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. 1 , f. DOlft'r NOT&19 'lPtt@t1C Notary Public in and for the State of BOR0, 1E%PtE{E MEIr 7 LASER PRO Lending, Ver. 5,48.00.004 Copr. Harland Financial Solutions, Inc. 1997, 2009. All Rights Reserved. - PA c:1CFI\LPL\GO3.FC TR -24748 PR -116 EXRWIT "A" LEGAL DESCRIPTION 223 SOUTH HANOVER STREET, PENNSYLVANIA ALL THAT CER'T'AIN lot of ground with the improvements thereon erected situated in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania; bounded and described as follows: ON the South by lot formerly of A.N. Stecher, Now or formerly of Theodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the i Public Graveyard belonging to the said borough of Carlisle; containing 30 feet in the front on the said South Hanover Street, and extending 240 feet to said Public Graveyard, and having thereon erected a building known as No. 223 South Hanover Street. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, . NO.: VS. FIL PPO DEVITA and RACHELA IANNUZZI, Defendants. VERIFICATION laa , 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: / X3 5 #vww &t -i Orrstown Bank, Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Filippo DeVita & Rachela Iannuzzi, Defendants 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 in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. C (= -_ .r^.,-T rn r_7 ` CD - O --C Cn :1 -G IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM S FREE. 1p ii Respec tted: I� Date 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 Plaint 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 (2 1) 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 defendantiborrower 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: Horne: 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? 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: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed. Value: Other transyortation (automobiles, boats motorcycle,: 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 Mortgage Utilities Car Payment(s) Condo/Neigb. Fees Auto Insurance _ Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. S2ending 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: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Y Past 2 bank statements -V1 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 i=u" i„; Sheriff .t , ) t E r t ��� ' Jody S Smith 01 FEB Ey Chief Deputy Richard W Stewart ' tl� � i�i•� � Solicitor PEMNSYLVA � Orrstown Bank Case Number vs. 2014-647 Filippo Devita (et al.) SHERIFF'S RETURN OF SERVICE 02/06/2014 01:50 PM- Deputy Jason Kinsler, 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 Rachela lannuzzi, Wife, who accepted as"Adult Person in Charge"for Filippo Devita at 37 Burgners Mill Road, West Pennsboro Township, Carlisle, PA 17015. C� 1/1 — ./ 1 JASO KIN ER,DEPUTY 02/06/2014 01:50 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Rachela lannuzzi at 37 Burgners Mill Road, West Pennsboro, Carlisle, PA 17013. JASON KINK, DEPUTY SHERIFF COST: $50.78 SO ANSWERS, Cr% February 07, 2014 RONfNR ANDERSON, SHERIFF 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 M'11 Road Carlisle, PA 17 � 5 ,r Scott A. Die 1. rick, Esquire CIVIL DIVISION No.: 14 -647 CIVIL ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT c (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 Attorneys for Plaintiff JSDC LAW OFFICES P.O. Box 650 Hershey, PA 17033 (717) 533 -3280 c nM /4, 'CV /2' tel4 3o3 Q‘'?? • ORRSTOWN BANK, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. TO: PROTHONOTARY CIVIL DIVISION NO.: 14 -647 Civil PRAECIPE FOR DEFAULT JUDGMENT XYP C) t 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 $38,382.41 which is itemized as follows: Principal Interest through 4/2/2014 Late Charges Other Charges /Fees Attorney's Fees Title Costs TOTAL $ 32,183.12 $ 1,527.33 $ 756.96 $ 1,855.00 $ 1,650.00 $ 410.00 $ 38,382.41 plus interest on the principal sum ($32,183.12) from April 3, 2014, at the rate of $7.27 per diem, plus additional late charges, and costs (including additional escrow adva . es), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged mise JSDC jimh, Date: Lit By: Ali Scott A. Di�" .quir PA ID #55650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533 -3280 Attorneys for Plaintiff -11 rri CD r 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 Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced the attached copies. Scott A. Dietterick, Esquire Sworn to and subscribed before me this 211d day of April, 2014 Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Feb 2, 2017 ORRSTOWN BANK, Plaintiff, vs. FILIPPO DEVITA and RACHELA IANNUZZI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO.: 14 -647 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 /1 G/• /y . ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $38,382.41 plus interest on the principal sum ($32,183.12) from April 3, 2014, at the rate of $7.27 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale . f the mortgaged .remises. Deputy ORRSTOWN BANK, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FILIPPO DEVITA and RACHELA IANNUZZI, CIVIL DIVISION NO.: 14 -647 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 It q'/q . ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $38,382.41 plus interest on the principal sum ($32,183.12) from April 3, 2014, at the rate of $7.27 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. E'' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN B Plaintiff, vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. IMPORTANT NOTICE TO: Rachela Iannuzzi 37 Burgners Mill Road Carlisle, PA 17015 DATE OF NOTICE: February 27, 2014 CIVIL DIVISION N.O.: 14 -64:7 Civil 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.: 14-647 Civil VS. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. AVISOIMPORTANTE A. Rachela Iannuzzi FECHA DEL AVISO: February 27, 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 DMZ (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) 249-316 (800) 990-9108 DATE: JSD BY: 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 Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRS TOWN BANIC, CIVIL DIVISION Plaintiff, NO.: 14-647 Civil VS. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. IMPORTANT NOTICE TO: Filippo DeVita 37 Burgners Mill Road Carlisle, PA 17015 DATE OF NOTICE: February 27, 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.: 14-647 Civil VS. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. AVISO IMPORTANTE A. Filippo DeVita FECHA DEL AVISO: February 27, 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 DMZ (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 DATE: . #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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY cow, sirtt4-'�� orricE OF NE $1',ERIFF Orrstown Bank vs. Filippo Devita (et al.) Case Number 2014-647 SHERIFF'S RETURN OF SERVICE O2X}S/2Q14 01:50 PM - Deputy Jason Kinsler, 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 bna person representing themselves tobeRnche|a|onnuzzi.Wife.who accepted as 'Adult Person in Charge" for Filippo Devita at 37 Burgners Mill Road, West Pennsboro Township, Carlisle, PA 17015. 02X06/2014 01:50 PM - Deputy Jason Kinsler being duly sworn according to law served the requested Notice of Residential Mortgage Foreclosure Diversio Program and Complaint in Mortga e Fore osure by "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. SHERIFF COST: $50.78 JASON(KINSW, DEPUTY SO ANSWERS v+ ' February 07, 2014 RONNYR ANDERSON, SHERIFF CountySuito Sheriff, Teleosoft, 111C. Department of Defense Manpower Data Center Results as of : Apr -02 -2014 11:48:55 AM SCRA 3.0 Status Report Pursuant to Semicetnembers Civil Relief Act Last Name: DEVITA First Name: FILIPPO Middle Name: Active Duty Status As Of: Apr -02 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date♦ Status Service Component NA s �+° NA:7143,�// . ., 1 1, - _ . .'S . -No ■\. NA ,,....7*, +.I I i i \ ^ , `- �' 1 1,1= i *-1.---1 1' This response reflects the individuals', active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA t Ir1:-.714,4 A .iit_ 4 ` 4. , :7y No _ i'.!,PiiI NA This response reflects where the individual left active- dutybstatus within 367 da Active p ty days preceding the Acirve Duty Status Data : �..� Lull:, II 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 tifii 7, NA'}a �� ...''i-s _ ., . ,No .4S // NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center; based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. YA. 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: H8N21 B59403EDC0 Department of Defense Manpower Data Center Results as of : Apr-02 -2014 11:50:04 AM SCRA 3.0 Status Report Pursuant to Servicernembers Civil Relief Act Last Name: IANNUZZI First Name: RACHELA Middle Name: Active Duty Status As Of: Apr -02 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA N4;""1 . i..I. 4_ •_. �� No -I . NA I,i1 S.' 3,, .,,. -.Iw Cy, f - -.rte. / +v \, This response reflects the individuals',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 1 1.--J NA 17734t. - r_-1__..1-J-No . It,_ iI NA This response reflects where thQ individual left active -duty 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 \NA'J,e\\ ''''',-,r _ _ .. P;.No Z‹'r // NA This response reflects whethe the individual: or his/her -unit h�asTreceived early otification-to report for active duty ` .? Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services 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: U8B45B29103E9C0 IN THE COURT OF CCMNJN PLEAS OF CUMBERLAND COUNPy, PENNSYLVANIA Orrstown Bank CIVIL DIVISION File No. 14 -647 Civil (Plaintiff) : Amount Due $ 38,382.41 . Interest from 4/3/2014 to $ 1,112.31 date of sale Filippo DeVita and Rachela : At ty' s Conm Iannuzzi (Defendant(s) TO THE PROTHONOTARY OF THE SAID COURT: Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAACIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property o40e defendant(s) See Exhibit "A" attached. _... th1-, .4-- CD r �y ) r! - _____::,C-=--, . PRAECIPE FOR ATTACHMENT EXECUTION ----4 Issue writ of attachment to the Sheriff of • County, for debt, interest and costs, as above, directing attachment against the above -named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, Gusto or control of the said garnishee(s). (Indicate) Index this writ against the garnis -e(s) as s against real estate of the defendant(s) described in the attached e DATE: April 2, 2014 4 ifs: -0 p,i . a4 aDya� 93,17 144 3 03q, © a 0 V°tl S3 1 Signature: Print Name: Scott A. Dietterick, Esquire Address: James Smith Dietterick & Connelly LLP P 0 Box 650, Hershey PA 17033 Attorney for: Plaintiff Telephone: (717) 533 -3280 Supreme Court ID No.: 55650 �.So LL wi hC LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situated in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the South by lot formerly of A.N. Stecher, now or formerly of Theodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the Public Graveyard belonging to the said borough of Carlisle; containing 30 feet in the front on the said South Hanover Street, and extending 240 feet to said Public Graveyard, and having thereon erected a building known as No. 223 South Hanover Street. BEING the same premises which Anthanasios Leliopoulos, a single man, by his Deed dated May 15, 2006 and recorded May 15, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Book 274, Page 2647, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 03 -21- 0320 -174 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, VS. C) t...., _ -, NO 14-647 Civil ..... cz:i ......... .-,:, ._... >C)........ Cz, • 4 FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 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 223 S. Hanover Street, Carlisle, Pennsylvania 17013: Name and Address of Owner(s) or Reputed Owner(s): FILIPPO DEVITA 37 Burgners Mill Road Carlisle, PA 17015 RACHELA IANNUZZI 37 Burgners Mill Road Carlisle, PA 17015 2. Name and Address of Defendant(s) in the Judgment: FILIPPO DEVITA 37 Burgners Mill Road Carlisle, PA 17015 RACHELA IANNUZZI 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 Plaintiff MIDLAND FUNDING, LLC c/o Michael F. Ratchford 120 N. Keyser Avenue Scranton, PA 18504 PORTFOLIO RECOVERY ASSOCIATION, LLC DEPARTMENT OF REVENUE DEPT OF LABOR & INDUSTRY c/o Robert N. Polas, Jr. 140 Corporate Boulevard Norfolk, VA 23502 Bureau of Compliance P.O. Box 280948 Harrisburg, PA 17128 -0948 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 Cumberland Co Courthouse RELATIONS OFFICE 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: LI 02 — BY: JSDC LA) O A4pmvir Scott A. 1 etterick, 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 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, CIVIL DIVISION NO.: 14 -647 Civil vs. f� m.y FILIPPO DEVITA and? 4n ; �µ RACHELA IANNUZZI, z f ';3 w3-P . _c Defendants. CD zC3 _.t NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO -ti `'' 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, September 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: 223 S. Hanover Street Carlisle, Pennsylvania 17013 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 14 -647 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: C it--1 "° ' BY: BY: JSDC L FFIC S Scott A. ietterick, 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 lot of ground with the improvements thereon erected situated in the Second Ward of the. Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the South by lot formerly of A.N. Stecher, now or formerly of Theodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the Public Graveyard belonging to the said borough of Carlisle; containing 30 feet m the front on the said South Hanover Street, and extending 240 feet to said Public Graveyard, and having thereon erected a building known as No. 223 South Hanover Street. BEING the same premises which Anthanasios Leliopoulos, a single man, by his Deed dated May 15, 2006 and recorded May 15, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Book 274, Page 2647, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 03-21-0320-174 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 -647 Civil Term CIVIL ACTION — LAW FILIPPO D.EVITA AND 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: $38,382.41 L.L.: $.50 Interest FROM 4/3/2014 TO DATE OF SALE - $1,112.31 Atty's Comm: Atty Paid: $199.53 Plaintiff Paid: Date: 4/4/14 (Seal) Due Prothy: Other Costs: David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. CIVIL DIVISION NO.: 14-647 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 JSDC LAW OFFICES P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ORRSTOWN BANK, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. CIVIL DIVISION NO.: 14-647 Civil Pa.R.C.P. RULE 3129.2(e) 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, are the record owners of the real property. 2. On or about June 23, 2014, Defendants, Filippo DeVita and Rachela Iannuzzi, were served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, via certified mail, return receipt requested at the address of 37 Burgners Mill Road, Carlisle, Pennsylvania 17015. True and correct copies of said Notices and mailing receipts are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about June 4, 2014, Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre -Paid, with a Certificate of Mailing. 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: July 30, 2014 BY: 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 Sworn to and subscribed before me this 30th day of July, 2014 L. S rdoCY-- Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Feb 2, 2017 EXHIBIT "A" 00 0 N 00 T996 5'5112 'E000 0090 ET02. ILS §&' E E if Er°15 g 602 .LTO 0000 OT22 2TOL SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. si Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece; or on the front if space permits. Article Addressed to: F-; I; too be ariners M; (I "Roqj Cadis(ei (3/1 rots 2. Article Number (Transfer from service label) COMPLETE THIS SECTION ON DELIVERY A. Signature X Agent Addressee Date of Delivery Ifferent from item 1? 0 Yes address below: 0 No &Srit sgCertified Mall 0 Express Mail Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.0.0, - 4. Restricted Delivery? (Extra Fee) 0 Yes 7013 0600 0001 2855 9661 t PS Form 3811, February 2004 Domestio Return Receipt SENDER: COMPLETE THIS SECTION II Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliveryls desired. MI Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. . Article Addressed to: ctche(o- rezaAu.zzi 3-7 -BwrjAe(s Aill -goei earit-sfe, eA noiS 2. Article Number 102595-02-M.1540 COMPLETE THIS SECTION ON DELIVERY A. Signature 0 Agent 0 Addressee C. Date of Delivery m ite ? El Yes ow: 0 No 3. Service Typ Certified Registered E:llnsuredMail DC.O,D. au Receipt for Merchandise 4. Restricted Delivery? (Extra Fee) (Transfer from servide label) s PS Form 3811, February 2004 7012 2210 0000 0177 2909 0 Yes Domestic Return Receipt 102595-02-M.1540, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 14-647 Civil vs. HIPPO DEVITA and 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, September 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: 223 S. Hanover Street Carlisle, Pennsylvania 17013 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 14-647 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 DATED: 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. BY: JSDC LAJI) Aar Scott A. squire 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 lot of ground with the,improvemmtS thereon erected situated in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the South by lot formerly of A.N. Stecher, now or formerly of Theodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the Public Graveyard belonging to the said borough of Carlisle; containing 30 feet in the front on the said South Hanover Street, and extending 240 feet to said Public Graveyard, and having thereon erected a building known as No. 223 South Hanover Street. BEING the same premises which Anthanasios Leliopoulos, asingleman, by his Deed dated May 15, 2006 and recorded May 15, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Book 274, Page 2647, granted and conveyed unto FilippoDeVita and Rachela Iannuzzi,• husband and wife. Parcel No. 03-21-0320-174 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.: 14-647 Civil 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, September 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: 223 S. Hanover Street Carlisle, Pennsylvania 17013 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 14-647 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: BY: JSDC L FFIC S Scott A. ietterick, Esquire Pa. ID. #55650 Kathryn L. Mason, Esquire Pa. LD. #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 lot of ground with the improvements thereon erected situated in the Second Ward of the. Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the South by lot formerly of A.N. Stecher, now or formerly. ofTheodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by Public Graveyard belonging to thesaid borough of Carlisle; containing 30 feet in the front on the said South Hanover Street, and extending 240 feet to said Public Graveyard, and. having thereon erected a building:known as No. 223 South Hanover Street. BEING the same premises which Anthanasios: Leliopoulos, a single man, by his Deed dated May 15, 2006 and recorded May 15, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Book 274, Page 2647, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 03-21-0320-174 Exhibit "A" EXHIBIT "B" :StSTAG ZIP 17036 011D11627842 JSDC LAW OFFICES ATTN: CHRISTINE SPURLOCK P.O. BOX 650 HERSHEY, PA 17033 -Comber/and ___/./1 •'41 Onghtii2OCUI4M y OViThalSe vs eavrthouse oo,re, PA /Id /3 Zr"" CD 0.1 • 5 PS Form 3817, April 2007 PSN 753 -2-000-9065 Pr" 1 ppo Dev/1-2 si. 'chef0 _Z-219/vill UNITEDSWES I.,aiffill DACTYL! tclillirc. '...' 'UM! cn is, Th Th Tmailf CO r--- (0 Fr: JSDC LAW OFFICES .:,- s7 ATTN: CHRISTINE SPURLOCK • ' ------ ,,- „ \O Ri `;:' P.O. BOX 650 ri. ' , ‘," , HERSHEY, PA 17033 '. .... .. • To dommo-rwc2Ith aF PA oP h/ey2re.,- 108.861)40767s- 1-2rosborl I PA /7/05- PS Form 3817, April 2007 PSN 7530-02-P 0-9065 /L //pp De v/M 51 chc/ _27 ?/2/7azzi UNITED STATES V. CNI - -- "ailing Op,. Th rmofling CID Q Cq I,.-. (0 Th JSDC LAW OFFICES"— [.... Tm. ATTN: CHRISTINE SPURLOCK • "--;..-- CD RI 9 P.O. BOX 650 !*:". _ (A). — HERSHEY, PA 17033 1,-,-1 i,1 To: 2thred of Revifit,e i' , . 1)/9 miry -if -wee nx ,Diviscon._.l:-7. • , a /-4rrisburg, PA- 17/a? --D601 = PS Form 3817, April 2007 PSN 7530-02-000-9065 ,Ct/,,4012 (t) ek) Hasler US -POSTAGE I.•'111 ZIP 17036 011011627842 Th Th Fro To: UNITEDSTA7ES ailii4,. -,:. ,. 61 JSDC LAW OFFICES /....,...*!/;::r M a ii ill , (s/ , , i • ADI 't ATTN: CHRISTINE SPURLOC7 _'J I P.O. BOX 650 HERSHEY, PA 17033 \"'' \,,,,,,,. -twit Dr 42b9r4 IfloWry 0/9anp/rnfirrAi- 4/flZT42-1/0 F /e1, /51 goas gireet ibrticsktryi /7 1 .2/ PS Form 3817, April 2007 PSN 7530-02-000-9065 F pp, Rch-el. 12. imvz2.1 TO: _ UNRIEDSTATIES - - Malik ;,;r0 for mailq...` JSDC LAW OFFICES - ,, • :. •:.....- , ATTN: CHRISTINE SPURLOCK N, _ .,...... ' i ' • P.O. BOX 650 Iv); 4 \ HERSHEY, PA 17033 V\ sl— ,,, \ . 00 -41 •-r,„3 akrment- 0c tiyie!,' 6(2,6W) of '2oinioil2rice p 0.806 0.1.09/5/ 112r/^/Eborg / PA 1-7/2-e -099 PS Form 3817, April 2007 PSN 7530-02-000-9065 clliPPO 14,TA 19Chela /2/2/92z/ UNI7EDSTATES EIPICTAI CCOlfieL ' — Maili 1 ,.....lor ma Cr) 0 cNi 1 r".". (0 F JSDC LAW OFFICES 7.,-1,;, • - - ,-- ,.... CL ATTN: CHRISTINE SPURLOCK /c.„ / — — 0 N N. - I (Z) CD 00 ce) P.O. BOX 650 HERSHEY, PA 17033 , rI(SX W - LI, •)0' To Mid/7d Fore/in LL.. qomicni F //h/'m/ „. /20 N Helsel? 14vai9 U6 4! (fer.wtri-o-n PA'es-o',' PS Form 3817, April 2007 PSN 7530-02-000-9065 /PP() Dei'/M gdoza lann0z2-/ ORRSTOWN BANK, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FILIPPO DEVITA and RACHELA IANNUZZI, Defendants. CIVIL DIVISION NO.: 14-647 Civil NOTICE TO LIENHOLDERS 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 September 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: 223 S. Hanover Street Carlisle, Pennsylvania 17013 Cumberland Co (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. 14-647 Civil in the amount of $38,382.41, 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: June 4, 2014 By: JSDC LA tt A PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ire LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situated in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the South by lot formerly of A.N. Stecher, now or formerly of Theodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the Public Graveyard belonging to the said borough of Carlisle; containing 30 feet in the front on the said South Hanover Street, and extending 240 feet to said Public Graveyard, and having thereon erected a building known as No. 223 South Hanover Street. BEING the same premises which Anthanasios Leliopoulos, a single man, by his Deed dated May 15, 2006 and recorded May 15, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Book 274, Page 2647, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 03-21-0320-174 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 14-647 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: PORTFOLIO RECOVERY ASSOCIATION, LLC C/O ROBERT N. POLAS, JR. 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 September 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: 223 S. Hanover Street Carlisle, Pennsylvania 17013 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. 14-647 Civil in the amount of $38,382.41, 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 ` eriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: June 4, 2014 By: JSDC LA Sco A. D tterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situated in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the South by lot formerly of A.N. Stecher, now or formerly of Theodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the Public Graveyard belonging to the said borough of Carlisle; containing 30 feet in the front on the said South Hanover Street, and extending. 240 feet to said Public Graveyard, and having thereon erected a building known as No. 223 South Hanover Street. BEING the same premises which Anthanasios Leliopoulos, a single man, by his Deed dated May 15, 2006 and recorded May 15, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Book 274, Page 2647, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 03-21-0320-174 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.: 14-647 Civil NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 280948 HARRISBURG, PA 17128-0948 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 September 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: 223 S. Hanover Street Carlisle, Pennsylvania 17013 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. 14-647 Civil in the amount of $38,382.41, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the 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: June 4, 2014 By: JSDC LA Am, Sco ► A. 01 enc , Esquire PAID #556 0 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situated in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the South by lot formerly of A.N. Stecher, now or formerly of Theodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the Public Graveyard belonging to the said borough of Carlisle; containing 30 feet in the front on the said South Hanover Street, and extending 240 feet to said Public Graveyard, and having thereon erected a building known as No. 223 South Hanover Street. BEING the same premises which Anthanasios Leliopoulos, a single man, by his Deed dated May 15, 2006 and recorded May 15, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Book 274, Page 2647, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 03-21-0320-174 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 14-647 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 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 September 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: 223 S. Hanover Street Carlisle, Pennsylvania 17013 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. 14-647 Civil in the amount of $38,382.41, 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: June 4, 2014 By: JSDC L Scott ' . Dietterick, squire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situated in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the South by lot formerly of A.N. Stecher, now or formerly of Theodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the Public Graveyard belonging to the said borough of Carlisle; containing 30 feet in the front on the said South Hanover Street, and extending 240 feet to said Public Graveyard, and having thereon erected a building known as No. 223 South Hanover Street. BEING the same premises which Anthanasios Leliopoulos, a single man, by his Deed dated May 15, 2006 and recorded May 15, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Book 274, Page 2647, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 03-21-0320-174 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.: 14-647 Civil 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 September 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: 223 S. Hanover Street Carlisle, Pennsylvania 17013 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. 14-647 Civil in the amount of $38,382.41, 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: June 4, 2014 By: JSDC LA ! ffr r 1v#1 Scott A. , Erire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situated in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the South by lot formerly of A.N. Stecher, now or formerly of Theodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the Public Graveyard belonging to the said borough of Carlisle; containing 30 feet in the front on the said South Hanover Street, and extending 240 feet to said Public Graveyard, and having thereon erected a building known as No. 223 South Hanover Street. BEING the same premises which Anthanasios Leliopoulos, a single man, by his Deed dated May 15, 2006 and recorded May 15, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Book 274, Page 2647, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 03-21-0320-174 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.: '14-647 Civil 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 September 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: 223 S. Hanover Street Carlisle, Pennsylvania 17013 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. 14-647 Civil in the amount of $38,382.41, 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: June 4, 2014 By: JSDC L Scott A. 1 ieBrick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situated in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the South by lot formerly of A.N. Stecher, now or formerly of Theodore -Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the Public Graveyard belonging to the said borough of Carlisle; containing 30 feet in the front on the said South Hanover Street, and extending 240 feet to said Public Graveyard, and having thereon erected a building known as No. 223 South Hanover Street. BEING the same premises which Anthanasios Leliopoulos, a single man, by his Deed dated May 15,2006 and recorded May 15, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Book 274, Page 2647, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 03-21-0320-174 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 14-647 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: 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 September 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: 223 S. Hanover Street Carlisle, Pennsylvania 17013 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. 14-647 Civil in the amount of $38,382.41, 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: June 4, 2014 By: JSDC LA A. PAID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situated in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the South by lot formerly of A.N. Stecher, now or formerly of Theodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the Public Graveyard belonging to the said borough of Carlisle; containing 30 feet in the front on the said South Hanover Street, and extending 240 feet to said Public Graveyard, and having thereon erected a building known as No. 223 South Hanover Street. BEING the same premises which Anthanasios Leliopoulos, a single man, by his Deed dated May 15, 2006 and recorded May 15, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Book 274, Page 2647, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 03-21-0320-174 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.: 14-647 Civil 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 September 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: 223 S. Hanover Street Carlisle, Pennsylvania 17013 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. 14-647 Civil in the amount of $38,382.41, 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: June 4, 2014 By: JSD •W/FA 1/air Scott A. 1 ietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situated in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the South by lot formerly of A.N. Stecher, now or formerly of Theodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the Public Graveyard belonging to the said borough of Carlisle; containing 30 feet in the front on the said South Hanover Street, and extending 240 feet to said Public Graveyard, and having thereon erected a building known as No. 223 South Hanover Street. BEING the same premises which Anthanasios Leliopoulos, a single man, by his Deed dated May 15, 2006 and recorded May 15, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Book 274, Page 2647, granted and conveyed unto Filippo DeVita and Rachela Iannuzzi, husband and wife. Parcel No. 03-21-0320-174 Exhibit "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY • Ronny R Anderson ICE Sheriff } i_ PRO iO `sO i Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF4E. OF 1XE RIFF i4 261i261ii OCT 21 P11 2: 56 CUMBERLAND COUNTY PENNSYLVANIA Orrstown Bank vs. Filippo Devita (et al.) Case Number 2014-647 SHERIFF'S RETURN OF SERVICE 06/16/2014 03:15 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 223 S. Hanover Street, Carlisle, PA 17013, Cumberland County. 06/20/2014 01:35 PM - Deputy William Cline, 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: Rachela lannuzzi at 37 Burgners Mill Road, West Pennsboro, Carlisle, PA 17013, Cumberland County. 06/20/2014 03:45 PM - Cpl. William Cline, 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 Rachel lannuzzi, Wife, who accepted as "Adult Person in Charge" for Filippo Devita at 37 Burgners Mill Road, Carlisle, PA 17013 Cumberland County. 09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Scott A. Dietterick, on behalf of Orrstown Bank, being the buyer in this execution, paid to the Sheriff the sum of $ • SHERIFF COST: $956.40 SO ANSWERS, September 18, 2014 (c) CourdvSu: e Stip lff.1e easnit, ':roc. RONNR ANDERSON, SHERIFF . Co- . sv 1✓ 4---9 /ja #1-4,3 /25341 C, I On May 16, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Known and numbered as, 223 S. Hanover Street, Carlisle, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. M O. Date: May 16, 2014 1 R Q r:;; By: Real Estate Coordinator LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2014-647 Civil ORRSTOWN BANK vs. FILIPPO DEVITA Rachela Iannuzzi Atty.: Scott A. Dietterick ALL THAT CERTAIN lot of ground with the improvements thereon erected situated in the Second Ward of the Borough of Carlisle, Cumber- land County, Pennsylvania, bounded and described as follows: OIi the South by lot formerly of A.N. Stecher, now or formerly of Theodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the Public Graveyard belonging to the said borough of Carlisle; contain- ing 30 feet.in the front on the said South Hanover Street, and extending 240 feet to said Public Graveyard, and having thereon erected a build- ing known as No. 223 South Hanover Street. BEING the same premises which Anthanasios Leliopoulos, a single man, by his Deed dated May IS; 2006 and recorded May is, 2006 in the Of- fice of the Recorder of Deeds in and for Cumberland County in Book 274; .Page 2647, granted and conveyed unto Filippo DeVita and Rachela Ian- nuzzi, husband and wife. Parcel No. 03-21-0320-174. 37 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 11, July 18 and July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this day of July, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES ' The Patriot -News Co. 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 iie atriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. no pa.i_I�ATIAAI rnoy 2014-647 Civil Term OR OWN BANK vs. Fl PPO DEVITA R heta Iannuizi Atty: Scott A Dietterick ALL THAT CERTAIN lot of ground with the improvements thereon erected situated in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania. bounded and described as follows: OIi the South by lot formerly of A.N. Stecher, now or formerly of Theodore Frederick and wife; on the West by South Hanover Street; on the North by lot formerly of John Hertzler, now or formerly of Robert Heckman and wife; and on the East by the Public Graveyard belonging to the said borough of Carlisle•, containing 30 feet_ in the front on Oft SIRISMI h Hanover Street, and extending 240 feet to said Public Graveyard, and havmg_thereon This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 Sworn to and subscribed before me this 20 day of August, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Orrstown Bank is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 4th day of April, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2014 Number 647, at the suit of Orrstown Bank against Filippo Devita & Rachela Iannuzzi is duly recorded as Instrument Number 201424029. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ffl 4 ,A.D. c'()ly 4e- x_ ecorde day of Recorder of Deeds Beds, Cumberland County, Carlisle, PA My Com ssion Expires the First Monday of Jan. 2018