Loading...
HomeMy WebLinkAbout08-5117UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 ./CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania 577 Lamont Road `:Cumberland County Elmhurst, IL 60126 Plaintiff V. Gregory S. Pianis Michelle Kistler NO. ?g .,.-SI17 1516 Shirley Lane Carlisle, PA 17013 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEKANDA A UN ABOGADO IMMEDIATA E, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAIE POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: N/A Assignments of Record to: N/A Recording Date: N/A 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 1516 Shirley Lane MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Carlisle COUNTY: Cumberland DATE EXECUTED: 8/6/04 DATE RECORDED: 8/10/04 BOOK: 1876 PAGE: 4238 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 6/27/08: Principal of debt due $142,019.51 Unpaid Interest at 9.22% from 11/23/07 to 6/27/08 (the per diem interest accruing on this debt is $35.87 and that sum should be added each day after 6/27/08) 10,364.24 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $0 and that sum should be added on the first of each month after ) 0 Late Charges (monthly late charge of $0 should be added in accordance with the terms of the note each month after ) 0 Attorneys Fees (anticipated and actual to 5% of principal) 7,100.98 TOTAL $160,089.73 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant (s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $160,089.73 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE ON THE SOUTHEAST SIDE OF SHIRLEY AVENUE, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO. 2 ON FINAL SUBDIVISION PLAN FOR HERB AND OWEN MEALS RECORDED IN PLAN BOOK 35, PAGE 38, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN OF SURVEY BY LARRY V. NEIDLINGER, PROFESSIONAL ENGINEER, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE SOUTHEAST SIDE OF SHIRLEY AVENUE (40 FOOT WIDE RIGHT-OF-WAY) AT A CORNER OF PROPERTY NOW OR FORMERLY OF PAUL BARRICK; THENCE EXTENDING FROM SAID BEGINNING POINT AND ALONG THE SOUTHEAST SIDE OF SHIRLEY AVENUE, NORTH, 64 DEGREES 30 MINUTES EAST 100.00 FEET TO AN IRON PIN AT PROPERTY NOW OR FORMERLY OF ILL. MEALS; THENCE EXTENDING ALONG SAME SOUTH 25 DEGREES 30 MINUTES EAST 120.00 FEET TO PROPERTY *W OR FORMERLY OF MOUERS; THENCE EXTENDING ALONG SAME SOUTH 64 DEGREES 30 MINUTES WEST 100.00 FEET TO AN IRON PIN AT PROPERTY NOW OR FORMERLY OF PAUL BARRICK, AFOREMENTIONED; THENCE EXTENDING ALONG SAME NORTH 25 DEGREES 30 MINUTES WEST 120.00 FEET TO THE FIRST MENTIONED IRON PIN AND PLACE OF BEGINNING. BEING KNOWN AND NUMBERED AS 1516 SHIRLEY AVENUE. BEING KNOWN AS 1516 SHIRLEY AVENUE, CARLISLE, PA 17013. BEING ASSESSMENT PARCEL NUMBER: 50-21-0326-057A. July 14, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDI'TAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMD EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 1 YHIBIT .A HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Gregory S. Pianis Michelle Kistler__ 1516 Shirley Lane Carlisle, PA 17013 71171500554952 Household Finance Consumer Discount Compan.Y_ HFC OR BFC Entitv o Mortgage HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE. ELIGIBLE FOR FiNANCiAi. ASSISTANCE WHICH CAN SAVE. YOUR HOME, FROM FORE,Ci,OSURE AND HELP YOU MAKE. FiTTITRF. MORTrAC.F. PAVIKENIS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACTI?, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORF.Ci.OSTIRF. _ Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCITR WITHIN THF. NEXT (30) DAYS. TF YOU TAO NOT APPLY FOR FMFRGFNCY MORTGACTF ASSTSTANC'F,, YOT T MT TST BRING YOT TR MORTC'TAC'TF UP TO i)ATF THE PART OF THIS NOTTCF. CALLED DHOW TO CT TR F. YOUR MORTGAGE DFF A T TT T_ , EXPLAINS HOW TO BRING YOT TR MORTGAC"TR T JP TO DATF. CONSITMF.R CREDIT COUNSELING AGENCIES _ If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. '1'M+e mme.S, a_rldreccec and telephone numhem of designated consumer credit counseling, agencies for the rnunty in ?3hich the nm1lerti' is lncated are set forth at the end of this Noti e. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPi ICATiON FOR MORTGAGF. ASSiSTANCE _ Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your Page 2 of 2 face- to-face meeting. YOU MuS,T FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATITRF. OF THF, DF.FAITLT - The MORTGAGE debt held by the above lender on your property located at: 1516 Shirley Lane Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of $1137.01 for December 23, 2007 through June 23, 2008 = $7959.07 Monthly Late Charges of $0 for December 23. 2007 through June 23..2,008-= $0.04_ - Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: 197959-0 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not alMlimhle): BU HOW TO CURE. THF. DEFAITIM - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S7959,07 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment; must he made either by ember rnshier'a check, crrtifiM chrck or mnn v order mace payahle and sent to- You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not apyliaahle_l: bU Page 3 of 3 IF YOU DO NOT CURE. THE. DE.EATIi.T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riglib to accelerate the mortgage debt- This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon yourm prWelly. IF THE, MORTGAGE IS FORECLOSED TIPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. if you cure the default within the THTRTV (30 DAY Brio von will not he rM cied to pay attorney's fees- OTHER LENDER RF.MF.DiF'S - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE, THE DEFAULT PRIOR TO SHERIFF'S SAi,E. - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yM still have the right to na5ang the ntaI amount hen Vast tine, plug any late nr other .ha gec then dua, reasonable attnme ' fees and costs connected with the foreclosure tale and any other costs connected with the Sheriff's Sal ac :led in writing by the lender and by nrmi any other requirements under the mortgagee. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. FARiJF.ST POSSIBLE. SHE,RH+F'S SAi.F. DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: HSBC - - ?- -- ~-----_-_-_ - Address: 961 Weigel Drive Elmhurst IL 60126 .-.-.-.---------^--? - -- Phone Number: 888-245-9318 Fax Number: _ 630-617-7145 Contact Person: -Loss Mitigation Department EFFECT OF SHF.Ri E'S SAi.F. - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE, - You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Northeastern Pennsylvania 31 W. Market Street/P.O. Box 1127 Wilkes-Barre, PA 18702 (570) 821-0837 OR 1-800-922-9537 FAX (570) 821-1785 Comm. on Econ Opportunity of Luzerne County 163 Amber Lane Wilkes-Barre, Pennsylvania 18702 (570) 826-0510 OR 1-800-822-0359 FAX (570) 829-1665--CALL BEFORE FAXING/(570) 4554994 HAZELTON/FAX (570) 455-5631-CALL BEFORE FAXING/(570) 8364090 TUNKHANNOCK CCCS of Northeastern Pennsylvania 1400 Abington Executive Park, Suite 1 Clarks Summitt, PA 18411 (570) 587-8163 or 800-922-9537 FAX (570) 587-9134/9135 EOC of Schuylkill County 225 North Centre Street Pottsville, PA 17901 (570) 622-1995 FAX (570) 622-0429 Page 6 of 6 'Y tit AV) Sri! ;????ypW,? ry w I #'h'11 ir?4' P oio??I 5; f .. .. .. .. .. .......... xO8 Od jO O O O O -j w W $ awed B OBIPOd MOLL O O ru ru P ) t O O S P 0 O Wwe?tl a.a) a o vwWOd ) a P a o sea peyxo O O $ end C13 03 I I't?i?I 1110 Er Ir W W W W W -Z d Q: 0 us cc Q O to LL. Z to .3:U02 5 E-- p o w w UJ p ? ? U Q 0 V V v N "J :' J fill- Mail Provides: Certified ¦ A mailing receipt ¦ A unique identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Mails or Priority Mail. ¦ Certified Mail is not available for any class of international mail. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ¦ For an additional fee, a Retum Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece'Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ¦ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery". ¦ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 753002.000-8047 ?? ?? 0 U 1 0 i p? v f k ?? d X of E 51 roe v ;;t J2 04 Y .0g L $$ $ ?.. gin. M M r%- 0 C3 ?i O 9 R O ? S O C3 ru O M M1 O O i o M Z o ? LL cv fl r '' 1 l).d cw 'r i '?T?•; ?? s tip, "? GIfi _ ^... _ 'old M9 Od Jo O O C S 7 - C3 C3 I? L-- ol P's W W seed 9 e8e380d IOl O ' C7 ru ! ni O ip A 9 .4 mpa peppmu 9 O 'O ^ w Pu31 e ereH ?xiey wnpu e O 1 O *eunsod O O eeJ peNP+e0 O O $ GUMd W 3 V i? lr 0' ?W'W ru RI m -j --J ,3N :<-"A 1W ?tiM°. F '?"lw?a V h ,+r xr J f6 a? Q W H Z fio°aS w~c? ?o80u) Ocoo ? cm) 3:00Y gape ui¢ ` Q r ?© O ?4I ?i 'J li Certified Mail Provides: ¦ A mailing receipt ¦ A unique identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years Importent Reminders; ¦ Certified Mail may ONLY be combined with First-Class Mails or Priority Mails. ¦ Certified Mail is not available for any class of international mail. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ¦ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for aeddupletl to return receipt, a USPS® postmark on your Certified Mail receipt is ¦ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement Restricted Dellvery° ¦ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt Is not needed, detach and affix label with postage and mail. IMPORTANT. Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530.02-000.9047 i r%_ rU M .A r` C3 3 g 3 E U 7 !i n 7 7 O N 2 T co M LLC a V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to take this verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY : C/I 9M (/.Mf?l?t A,,V1. J / 4W / Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE tW^ Q ev C,J A? N 0 "n .N I OV) SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05117 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS PIANIS GREGORY S ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KISTLER MICHELLE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 1516 SHIRLEY LANE , KISTLER MICHELLE NOT FOUND , as to CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 00 ib'a7?1 og T" , 21.00 So answers ? .R. Thomas Kline Sheriff of Cumberland County UDREN LAW OFFICES 09/15/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05117 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS PIANIS GREGORY S ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PIANIS GREGORY but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , PIANIS GREGORY 231 LINCOLN STREET #1 CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers: R. Thomas Kline Sheriff of Cumberland County UDREN LAW OFFICES 09/15/2008 Sworn and Subscribed to before me this day of A. D. 1 CASE NO: 2008-05117 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS PIANIS GREGORY S ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PIANIS GREGORY S DEFENDANT the at 0907:00 HOURS, on the 13th day of September, 2008 at 1516 SHIRLEY LANE CARLISLE, PA 17013 was served upon by handing to GREGORY PIANIS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 33.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 09/15/2008 UDREN LAW OFFICES By : 4nLo /a Deputy Sheriff A. D. I' . SHERIFF'S RETURN - REGULAR CASE NO: 2008-05117 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS PIANIS GREGORY S ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KISTLER MICHELLE the DEFENDANT at 1330:00 HOURS, on the 13th day of September, 2008 at 231 LINCOLN STREET #1 CARLISLE, PA 17013 by handing to MICHELLE KISTLER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 5.00 Affidavit .00 Surcharge 10.00 ib/bt?oF a .00 21.00 Sworn and Subscibed to before me this day of , So Answers: -? s R. Thomas Kline 09/15/2008 UDREN LAW OFFICES By: Deputy Sheriff A. D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County 577 Lamont Road Elmhurst, IL 60126 '-MORTGAGE FORECLOSURE Plaintiff V. Gregory S. Pianis :NO. 08-5117 Civil Term Michelle Kistler 1516 Shirley Lane Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Gregory S. Pianis and Michelle Kistler for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $160,089.73 Interest Per Complaint 4,017.44 From 6/28/08 to 10/17/08 TOTAL ,$164,107.17 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. Attorneys for-P-laintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: Lo-h7&8 PRO PRO;'jMi?q 5F UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF NARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARRENA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Beneficial Consumer Discount Company,d/b/a :COURT OF COMMON PLEAS Beneficial Mortgage Co of Pennsylvania :CIVIL DIVISION Plaintiff :Cumberland County v. Gregorr S. Pianis Mic orlyye Kistler ::NO. 08-5117 Civil Defendant(s) Term TO: Greggoryy S. Pianis Carlisle, A 17013 Date of Notice: October 6, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION EL TRIBUNAL PODRA SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCH-,R PREUBA ALGUNA DfCTAR SENTENCIA EN SU CONTRA USTED PUEDE PERDER BIENES Y OTROS DERECHOb, IMPORTANTES. DEBE LLE{TAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA O LLAMk POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE•SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED POSE. re Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 "UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE.DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CgANDRA M. ARKEl6A, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Beneficial Consumer Discount Company,d/b/a :COURT OF COMMON PLEAS Beneficial Mortgage Cc of Pennsylvania :CIVIL DIVISION Plaintiff :Cumberland County V. Gregory S. Pianis Michelle Kistler ENO. 08-5117 Civil Term Defendant(s) TO: Michelle Kistler 231 Lincoln Street #1 Carlisle, PA 17013 Date of Notice: October 6, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE Y661R PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENHES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 NOTIFICACION IMPORTANTE. USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION UN4TERMDINODDESDIEZR(10)NDIASEDEE ESTA NOTIFICACION?ELCTROIBUNALIPODRA SONDE NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA DiCTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOA, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAM? POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE P{TEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 NOTICE:' PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE Vg T PURPOSE. Stuart`Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire ..Louis A. Simoni, Esquire Woodcrest Corporate center 111 Woodcrest road, Suite 200 Cherry Hill, New Jersey 08003-3620 Elmhurst, IL 60126 ;MORTGAGE FORECLOSURE Plaintiff c1 Gre or S . Pianis ; NO.bl -,51 t ':-1 Cc Michelle Kistler 1516 Shirley Lane Carlisle, PA 17013 Defendant (s) Beneficial Consumer Discount '-COURT OF COMMON PLEAS Company d/b/a Beneficial -CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County 577 Lamont Road UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDRPN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE -.ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID'#203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-.482-6900 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF COUNTY OF SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Gregory S. Pianis Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Michelle Kistler Age: Over 18 Residence: As captioned a ove Employment: Unknown -7 )? ? Name: 4r_c N? Title: - obs,nce Company: HSBC Mortgage Services, Inc. as servicer on behalf of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Sworn to and subscribed _ b f e me i s day r 0 2 0 c° ? E ?? -, otary Pub c ?" 5 R' Q y d V G r- ca cra .J 9t I UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Gregory S. Pianis :NO. 08-5117 Civil Term Michelle Kistler Defendant(s) TO: Michelle Kistler 231 Lincoln Street #1 Carlisle, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Pare hereby notified that a Judgment has been entethe above proceeding as indicated below. t x Judgment by Defaul Money Jui Judgment Judgment Judgment Judgment Judgment 3gment in Replevin for Possession on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esauire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 • ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial =CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. NO. 08-5117 Civil Term Gregory S. Pianis Michelle Kistler Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: October 17, 2008 UDREN LAW OFFICES, P.C. Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE J r 1 V E R I F I C A T I O N The undersigned, as Attorney in Fact Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 5 1 Dcv? Gregory S. Pianis Michelle Kistler Loan #71171500554952 MJU #08060579-1 -aw"10- caju?---? Name : WGV'-t V'f ra5d Title : ?k. T-04C6P<--r- Company: HSBC Mortgage Services, Inc. as servicer on behalf of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania f7 Q Cl) x ? - ?> C rn UDREN LAW OFFICES, P.C. MXRK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 ?CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial =CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Gregory S. Pianis €:NO. 08-5117 Civil Term Michelle Kistler Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $164.107.17 Interest From 10/18/08 4,950.06 to Date of Sale March 4, 2009 ongoing Per Diem of 35.87 ' to actual date of sale including if sale is held at a later date (Costs to be added) $ UDRE/N? LAW OFFICES, , P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ?a- V f © a U} -W G1000000 -?t ? s "0 z UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings®udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial =CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. ;MORTGAGE FORECLOSURE Gregory S. Pianis :NO. 08-5117 Civil Term Michelle Kistler Defendant (s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership X E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREE?N LA/WA fl lOFFICES, f P.C. n' BY :t " A/.(G/, V -M,4 Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE G ° ? c? -10 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount 'COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Gregory S. Pianis NO. 08-5117 Civil Term Michelle Kistler Defendant(s) C E R T I F I C A T E I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( } Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: r-k /Y -,a tAA LdZ?"AAAIX 1166 Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ? O r 1 MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount "COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Gregory S. Pianis ::NO. 08-5117 Civil Term Michelle Kistler Defendant(s) UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF AFFIDAVIT PURSUANT TO RULE 3129.1 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1516 Shirley Lane Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Gregory S. Pianis Michelle Kistler 1516 Shirley Lane Carlisle, PA 17013 231 Lincoln Street #1 Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Bruce H. Spivak, DMD. Suite 303, 850 Walnut Bottom Road Carlisle, PA 17013 I 4 ; Name and address of of record: Name Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Citifinancial, Inc. Address 577 Lamont Road Elmhurst, IL 60126 1 Valley Street, Suite 103, Carlisle, PA 17013 5. Name and address of,every other person who has any record lien on the property: Name Address None 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: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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: Name Address Tenants/Occupants 1516 Shirley Lane Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: October 17, 2008 UDREE? JN?L(AW OFFICES, AP.C. / BY :l /Y IIA ?.l Pk Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE the last recorded holder of every mortgage ?' ?'? ??yyyy ^t .?•??..... ? +° per. " / ? y UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial "CIVIL DIVISION Mortgage Co of Pennsylvania €,Cumberland County Plaintiff V. ;MORTGAGE FORECLOSURE Gregory S. Pianis ::NO. 08-5117 Civil Term Michelle Kistler Defendant(s) f NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gregory S. Pianis 1516 Shirley Lane Carlisle, PA 17013 Your house (real estate) at 1516 Shirley Lane, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $164,107.17, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 r UD.REN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount ::COURT OF COMMON PLEAS Company d/b/a Beneficial ':CIVIL DIVISION Mortgage Co of Pennsylvania €:Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Gregory S. Pianis ::NO. 08-5117 Civil Term Michelle Kistler Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michelle Kistler 231 Lincoln Street #1 Carlisle, PA 17013 Your house (real estate) at 1516 Shirley Lane Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $164,107.17, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARS THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. :NO. 08-5117 Civil Term Gregory S. Pianis Michelle Kistler Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Gregory S. Pianis, Michelle Kistler PROPERTY: 1516 Shirley Lane, Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 4, 2009, at 10:00 A.M., at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5117 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO OF PENNSYLVANIA, Plaintiff (s) From GREGORY S. PIANIS and MICHELLE KISTLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $164,107.17 L.L. $.50 Interest from 10/18/08 to date of sale 3/04/09 ongoing per diem of $35.87 to actual date of sale including if sale is held at a later date -- $4,950.06 Atty's Comm % Atty Paid $215.00 Plaintiff Paid Date: 10/17/08 Due Prothy $2.00 Other Costs Prothonotary (Seal) REQUESTING PARTY: Name: CHANDRA ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST RAOD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 By: Deputy UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Beneficial Consumer Discount ` COURT OF COMMON PLEAS Company d/b/a Beneficial Mortgage € CIVIL DIVISION Co of Pennsylvania € Cumberland County Plaintiff V. Gregory S. Pianis Michelle Kistler ENO. 08-5117 Civil Term Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: December 23, 2008 UDREN?/jL/AWVO?F/FICES , P.C. BY- // / )./ k . l,0-11) Attotr eys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 - pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania 'Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Gregory S. Pianis NO. 08-5117 Civil Term Michelle Kistler Defendant (s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1516 Shirley Lane Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Gregory S. Pianis Michelle Kistler 1516 Shirley Lane Carlisle, PA 17013 231 Lincoln Street #1 Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Bruce H. Spivak, DMD. Suite 303, 850 Walnut Bottom Road Carlisle, PA 17013 Capital One Bank, NA 4. Name and address of the of record: Name Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Citifinancial, Inc. c/o Patenaude and Felis APC 213 East Main Street Carnegie, PA 15106 last recorded holder of every mortgage Address 577 Lamont Road Elmhurst, IL 60126 1 Valley Street, Suite 103, Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Address None 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: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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: Name Address Tenants/Occupants 1516 Shirley Lane Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: December 23, 2008 UDREN LAW OFFICES, P.C. Attorneys for laintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Beneficial Consumer Discount Company COURT OF COMMON PLEAS d/b/a Beneficial Mortgage Co of CIVIL DIVISION Pennsylvania Cumberland County Plaintiff V. NO. 08-5117 Civil Term Gregory S. Pianis Michelle Kistler Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Gregory S. Pianis and Michelle Kistler PROPERTY: 1516 Shirley Lane, Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on March 4, 2009, at 10:00 A.M., in the Commissioners Hearing Room, 2ND Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A a? s smuts L m m 7 N LL Y i. ma??s m ma e0 ,m_ a o w m 'E w ? U E$ m 8 N 9 N V m C W m ? C 7 $ m m W '6LL E2Em=cZ .C f0 0 E ?? m W o U F O m L G C ` O.O ??u7 tnLL m mm 1 v W 2 c E._ N CL p ? F"^ 0) `L- -_ 207 m f E c a£ c .. m$oom" m ?` m'W w Q ' 2 LL m O. m m ?+ c m m N o m E CCp U .,0 8 W o ya. 0 E m E .. M U C c yy s 0 o o° 'c o m U v E o ° ' h fn 070 c m c camc? ??7 O a0ctl a ow ca ? m= m= = g Wu?E°c E c m ? U m y m m C m m° {p 0 7 7 to E 7 L ?!+ ?'? - 8 co - _v> W E cc > 6 7 6 ' c ` E o t$ ` .0 7 C g 3 o v c 07 y W. C 30 G 0)0) 72 h C am Owaa m n m o OR f6w Qom- E %°$ m E m m - n.0 O oB m c 0) t L 2 > c S. . aN O m ° O - C?N Q? T T 0 U2?? ,, m5E m8 c? m co =U E N w 3OetsOd 8 sn SQQ°Q WOJ 7 0 F V N E jr CL Od11Cp7r }?fl(17(/Li y ° lt 2 E d ? 1 opg-£o 1 .?. 2 ? ? ? CD 7L ' 1 5i?4 i.?9Gt-iSLQ r \ N 0 FI y f-t .G7 to O N W 2 5 0 U ?? ? ? U d ii 07 w W > g W ., `N h am 0 a.N o m W m o om z 2 ? N N U Z ` ° Q a = z U LL c c w 0 7 a 0 P c 0- m a (gyp W ,4w w FM -t H o o J O m(; ? ? M LO 6 E 7 O y CL -1 Q ? 5 0: . '1- C M 1 a° C E W C v - LU F i u o' E 2 cn? Wti Z in 2<z ° U 0 ? LU R U) < it a D., rn ? - O?? rn c Z 0Li LL 0 8SE ;Wx c OU UN gN ao U? r- Q FL QQ Jww >. x d ZcW ? ?C 0 c co 6a pw Z Q go x C<L a W y= p J v wQ x x CO j? ? E Z> C ?+ o m? LLJ ? 0 H Z e VV = U nv 0 2 = W E r r Z U 0 aU)i UG. -0 F 0 mc° w rn $ Z L a ? N N - E QZ 9 p _ M p 07 07 N C 07?y 7 E CO) a) c Za0 J N M - V 0 co h 00 m ? r r CW) l e L O F J EXHIBIT A C m a O CL m Y C V r V a .O w m a 0 V O U. 0) rn W 7 d IL ti M O U- a c/? ?V .fl 7 U r O ti LO O co O co O a? t C m N co Q- O rn t f 2 W- o ?a y 8 Big 1.0 U w f-_i e CL TU 'o $ a o ?? ? 39b1SOd sn £oo80 woizi PIM!" _R!}E171b7.ftl OOL Los 9lZ5l59ZH910 o a A cif U M ?O? ? a $ a x W g ? ti W ?S U } a a W ~ agg AW O . C a W 4? ++ ui iL .? ? 3 loz U. Cc V Z E $' O W 0 g??J a m? ; O? u W E ?3e-V 0 W c?m Z i bw XG' c5 ? ?+? 0A N E o rp za0 c :3 ?- a ch v' w m ? o - ?wc I T T r EXHIBIT A I 1 I 1 i 1 1 I 1 1 1 I IV It' T T 8 w .rz ,b O a_ ?j g g$ e ?s=E g . e E O°y s. s a a 0 .B c? m a c a° O Y H m Q. E O U m a U. 2 a? LL M O U. co a +?.? ?-' _..:+ c _. f r; _. ?,,? _.._ ?• :? a ,j ,;. ? _., f ;,, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which BENEFICIAL C D C DBA BENEFICIAL MTG CO OF PA is the grantee the same having been sold to said grantee on the l OTH day of JUNE A.D., 2009, under and by virtue of a writ Execution issued on the 17TH day of OCT, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 5117, at the suit of BENEFICIAL C D C DBA BENEFICIAL MTG CO OF PA against GREGORY S PIANIS & MICHELLE is duly recorded as Instrument Number 200923826. IN TESTIMONY WHEREOF, I have hereunto set my hand an seal of said office this day of A.D. of Deeds Rawdu of tardy, "'T"'-" County. Cadi*, PA * Omlftw Ewm Ow Fk* Mw4gyW jWt 2010 s Beneficial Consumer Discount Company In The Court of Common Pleas of d/b/a Beneficial Mortgage Co. of Cumberland County, Pennsylvania Pennsylvania Writ No. 2008-5117 Civil Term VS Gregory S. Pianis and Michelle Kistler Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on December 1, 2008 at 1615 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Gregory S. Pianis, by making known unto Gregory Pianis personally, at 1516 Shirley Lane, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Sgt. Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on November 21, 2008 at 1245 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michelle Kistler, by making known unto Michelle Kistler personally, at The Cumberland County Sheriffs Office, One Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2009 at 2012 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gregory S. Pianis and Michelle Kistler located at 1516 Shirley Lane, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Gregory S. Pianis, by regular mail to his last known address of 1516 Shirley Lane, Carlisle, PA 17013. This letter was mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Michelle Kistler, by regular mail to her last known address of 231 Lincoln St., #1, Carlisle, PA 17013. This letter was mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 10, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Chandra Arkema, on behalf of Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania of 636 Grand Regency Boulevard, Brandon, FL 33510 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,132.52. Sheriffs Costs: Docketing $30.00 Poundage 22.21 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 J Mileage 9.00 Levy 15.00 Surcharge 30 00 Post Pone Sale . 20.00 -?,-. Law Journal 371.00 x Patriot News 454.79 = { Share of Bills 15.52 Distribution of Proceeds 25.00 Sheriffs Deed 49 50 . $ 1,132.52 ? ?li3lo 9 So Answers- R. Thomas Kline, Sheriff By Real state Coordinator CAL 7 G 93 z UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. 'MORTGAGE FORECLOSURE Gregory S. Pianis :NO. 08-5117 Civil Term Michelle Kistler Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1516 Shirley Lane Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Gregory S. Pianis 1516 Shirley Lane Carlisle, PA 17013 Michelle Kistler 231 Lincoln Street #1 Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Bruce H. Spivak, DMD. Suite 303, 850 Walnut Bottom Road Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania 577 Lamont Road Elmhurst, IL 60126 Citifinancial, Inc. 1 Valley Street, Suite 103, Carlisle, PA 17013 5. Name and address of,every other person who has any record lien on the property: Name Address None 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: Name Address Real Estate Tax Dept 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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: Name Address Tenants/Occupants 1516 Shirley Lane Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: October 17, 2008 UDREN LAW OFFICES, P.C. BY :I /l! 1 {JAJ ! A ? Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN,LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WIIQNEG,.ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount =COURT OF COMMON PLEAS Company d/b/a Beneficial :'-CIVIL DIVISION Mortgage Cc of Pennsylvania :Cumberland County Plaintiff V. ;MORTGAGE FORECLOSURE Gregory S. Pianis NO. 08-5117 Civil Term Michelle Kistler Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michelle Kistler 231 Lincoln Street #1 Carlisle, PA 17013 Your house (real estate) at 1516 Shirley Lane Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $164,107.17, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 UDREN•LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG,.ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Gregory S. Pianis :NO. 08-5117 Civil Term Michelle Kistler Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gregory S. Pianis 1516 Shirley Lane Carlisle, PA 17013 Your house (real estate) at 1516 Shirley Lane, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $164,107.17, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. '1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9180 ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE ON THE SOUTHEAST SIDE OF SHIRLEY AVENUE, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO. 2 ON FINAL SUBDIVISION PLAN FOR HERB AND OWEN MEALS RECORDED IN PLAN BOOK 35, PAGE 38, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN OF SURVEY BY LARRY V. NEIDLINGER, PROFESSIONAL ENGINEER, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE SOUTHEAST SIDE OF SHIRLEY AVENUE (40 FOOT WIDE RIGHT-OF-WAY) AT A CORNER OF PROPERTY NOW OR FORMERLY OF PAUL BARRICK; THENCE EXTENDING FROM SAID BEGINNING POINT AND ALONG THE SOUTHEAST SIDE OF SHIRLEY AVENUE, NORTH 64 DEGREES 30 MINUTES EAST 100.00 FEET TO AN IRON PIN AT PROPERTY NOW OR FORMERLY OF H.L. MEALS; THENCE EXTENDING ALONG SAME SOUTH 25 DEGREES 30 MINUTES EAST 120.00 FEET TO PROPERTY NOW OR FORMERLY OF MOUERS; THENCE EXTENDING ALONG SAME SOUTH 64 DEGREES 30 MINUTES WEST 100.00 FEET TO AN IRON PIN AT PROPERTY NOW OR FORMERLY OF PAUL BARRICK, AFOREMENTIONED; THENCE EXTENDING ALONG SAME NORTH 25 DEGREES 30 MINUTES WEST 120.00 FEET TO THE FIRST MENTIONED IRON PIN AND PLACE OF BEGINNING. BEING KNOWN AND NUMBERED AS 1516 SHIRLEY AVENUE. BEING KNOWN AS 1516 SHIRLEY AVENUE, CARLISLE, PA 17013. BEING ASSESSMENT PARCEL NUMBER: 50-21-0326-057A. BEING KNOWN AS: 1516 Shirley Lane, Carlisle, PA 17013 PROPERTY ID NO.: 50-21-0326-057A TITLE TO SAID PREMISES IS VESTED IN GREGORY S. PIANIS AND MICHELLE KISTLER BY DEED FROM HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY DATED 3/22/2001 RECORDED 4/10/2001 IN DEED BOOK 242 PAGE 575. Real Estate Sale #19 On October 31, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 1516 Shirley Lane, Carlisle GO more fully described on Exhibit "A" ` filed with this writ and by this reference incorporated herein. Date: October 31, 2008 By: - ?a Real Est to Sergeant Z Z =01 V I Z 1 ?0 8001 dd12i3HS - The Patriot-News Co. 812 Market St. Harrisburg, PA 171-01. Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE This ad ran on the date(s) shown below: CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY AEAiL ESTATE SNO.19 111 dt N+a. ?m9 lit C Te m Berrolow'Conojaer DbEcount Vs A "k Udmn LFAAAL DESCRIPTION ALL TW CERTAIN TRACT. OF I WTTH _1' AVWV1 fS THE BECTEti! SITUATE ON THE.SdM BE1331iC PAGE 38 BOUNDEI? AND IN ACCORDANCE WITH A STRVEY BY LARRY, V. 1. 1 AS FOLLOWS.. t . $EGP*WtG-AT AN MUN PIN ON IM SIDE OF SHWY011111R7E (40 FOOT WIDE RIdf-*Y) AT A CORNIM OF , PROPERTY NOW OR FORN)13RLY AB PYrilfv 1 ifaY. THE EE Sworn to 13XTi6 alfl9ilf aJf,? POINT AND AID Im SDLMiEw Sim W IMAM. NORTH: 64 DEGREES MOD FEET TO AN-IRpR AT PROP13R1Y NOW OR PE LY Of, *L MEALS; .THWM -ALONG SAM SOM 25 8 30'MOTIFS.EAST 120.Q9;FM ID 1'RBPEl11Y_NW A1L FORAY OF SOUTH 64 DEGREES 30 MINI= IMM fW TQ AN 11M PIN AT PROMI'Y'NOW OR FORbIFnY OF PAUL BA'iil?(?, ?'>BN[:B, 71IE1dCE EITIIliNtlia AUM 3AW NORTH 25 before me this ;5 day ofjfebruary, 2009 A.D. Notary Public Abe Patr1*otAvXtws Now you know COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sharma L. Kisner, Notary Public City Of Harrisburg, Dauphin County My ComfflW m S vir+es Nov. tar 20'11 Member, Pennsylvania Association of Nolarbs 01/21/09 01/28/09 02/04/09 F P M$VU B WEST 120.00 > 1 our G. NOWNANDNUA BUMbAS M6 AvEiim KW" AS ,1516 SHMW CAIt135IA PA 17013,. k'WSSMWT PARM NU6 5 057A , OWN A& 1516 Uidey 1 ! ll013 ' Vin mn - . 4fL9111aa! tii7a BY 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: January 30, February 6, and February 13, 2009 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. REAL ESTATE SALE NO. 19 Writ No. 2008-5117 Civil Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania vs. Gregory S. Pianis and Michelle Kistler Atty.: Mark Udren ALL THAT CERTAIN tract of land with the improvements thereon erected, situate on the southeast side of Shirley Avenue, Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 2 on Final Subdivision Plan for Herb and Owen Meals recorded in Plan Book 35, Page 38, bounded and described in accordance with a plan of survey by Larry V. Neidlinger, Professional Engineer, as follows: BEGINNING at iron pin on the southeast side of Shirley Avenue (40 foot wide right-of-way) at a corner of property now or formerly of Paul Barrick; Thence extending from said beginning point and along the south- Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this day of Februal 13 2009 east side of Shirley Avenue, North 64 degrees 30 minutes East 100.00 feet to an iron pin at property now or formerly of H.L. Meals; Thence extending along same South 25 de- grees 30 minutes East 120.00 feet to property now or formerly of Mouers; Thence extending along same South 64 degrees 30 minutes West 100.00 feet to an iron pin at property now or formerly of Paul Barrick, aforemen- tioned; Thence extending along same North 25 degrees 30 minutes West 120.00 feet to the first mentioned iron pin and place of BEGINNING. Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 BEING KNOWN AND NUMBERED AS 1516 SHIRLEY AVENUE. BEING KNOWN AS 1516 SHIRLEY LAVENUE, CARLISLE, PA 17013. BEING ASSESSMENT PARCEL NUMBER: 50-21-0326-057A. BEING KNOWN AS: 1516 Shirley Lane, Carlisle, PA 17013. PROPERTY ID NO.: 50-21-0326- 057A. TITLE TO SAID PREMISES IS VESTED IN Gregory S. Pianis and Michelle Kistler by deed from House- hold Finance Consumer Discount Company dated 3/22/2001 recorded 4/10/2001 in Deed Book 242 Page 575.