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HomeMy WebLinkAbout10-3576MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 To: W ?1 la,?, C Vr S }Z.? ?t "l J~ /Ve 1 You are hereby notified to f written response to the enclosed ?• ,? _. ,_ within twenty (2b) days from the service hereof or a judgment may be entered against you. Attorney for Plaintiff Attorney for Plaintiff File: 22.12627 Beneficial Consumer Discount Company COURT OF COMMON PLEAS DB/A Beneficial Mortgage Co of CUMBERLAND COUNTY Pennsylvania 636 Grand Regency Boulevard Brandon, FL 33510, Plaintiff, No.: 10 - 3 S 76 c .v Vs. CIVIL ACTION MORTGAGE FORECLOSURE William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. 4694 North Pheasant Ridge Trail Lehi, UT 84043, and Pamela Nieves a/k/a Pamela J. Nieves 2115 Walnut Bottom Road Carlisle, PA 17013, Defendants h G:a v a / A- a41 ct-0 7d-37(, A-A, lya-9/? NOTICE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania 636 Grand Regency Boulevard Brandon, FL 33510, Plaintiff, Vs. William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. 4694 North Pheasant Ridge Trail Lehi, UT 84043, and Pamela Nieves a/k/a Pamela J. Nieves 2115 Walnut Bottom Road Carlisle, PA 17013, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 636 Grand Regency Boulevard, Brandon, FL 33510. 2. Defendants, William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. and Pamela Nieves a/k/a Pamela J. Nieves, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Upon information and belief, Defendant William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr., resides at 4694 North Pheasant Ridge Trail, Lehi, UT 84043. Upon information and belief, Defendant Pamela Nieves a/k/a Pamela J. Nieves, resides at 2115 Walnut Bottom Road, Carlisle, PA 17013. 4. On September 17, 2001, in consideration of a loan in the principal amount of $197,029.73, the Defendants executed and delivered to Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania a note (the "Note") with interest thereon at 10.950 percent per annum, payable as to the principal and interest in equal monthly installments of $1,868.92 commencing October 17, 2001. See Note attached. The current interest rate is 7.50 percent per annum. 5. To secure the obligations under the Note, the Defendants executed and delivered to Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania a mortgage (the "Mortgage") dated September 17, 2001, recorded on September 18, 2001 in the Department of Records in and for the County of Cumberland under Mortgage Book 1733, Page 2672. See mortgage attached. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 2115 Walnut Bottom Road, Carlisle, PA 17013. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due November 30, 2009, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon EXHIBIT A ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN DEDICATED RIGHT OF WAY LINE OF THE WALNUT BOTTOM ROAD, L.R. 35, AT THE DIVIDING LINE OF LOTS 1 AND 2 AS SHOWN ON THE HEREINAFTER MENTIONED SUBDIVISION PLAN, THENCE ALONG LOT NO. 1, NORTH 36 DEGREES 04 MINUTES 24 SECONDS WEST, A DISTANCE OF 248.83 FEET TO A POINT AT LANDS NOW OR FORMERLY OF LINWOOD B. PH=ILLIPS, JR. ET AL.; THENCE ALONG SAID LANDS, NORTH 59 DEGREES 48 MINUTES 07 SECONDS EAST, A DISTANCE OF 174.77 FEET TO A POINT AT LOT NO. 3; THENCE ALONG LOT NO. 3 SOUTH 36 DEGREES 04 MINUTES 34 SECONDS EAST, A DISTANCE OF 202.45 FEET TO A POINT ON THE NORTHERN RIGHT OF WAY LINE OF WALNUT BOTTOM ROAD, L.R. 35; THENCE WOUTH 45 DEGREES 15 MINUTES 31 SECONDS WEST, A DISTANCE OF 85.03 FEET TO A POINT; THENCE SOUTH 44 DEGREES 44 MINUTES 33 SECONDS WEST, A DISTANCE OF 94.06 FEET TO A POINT; THE PLACE OF BEGINNING. SUBJECT TO A 20 FOOT ACCESS EASEMENT OVER LOT 2 WHICH WILL BE SHARED EQUALLY FOR INGRESS FOR THE OWNERS OF LOT 1 AND 2 AS SHOWN ON THE FINAL SUBDIVISION PLAN FOR SONDY RIDGE RECORDED IN PLAN BOOK 58, PAGE 114. THE OWNERS OF LOT 1 AND 2 WILL SHARE EQUALLY IN THE MAINTENANCE OF THE PAVED DRIVEWAY ON LOT 3. TAX MAP OR PARCEL ID NO.: 08-10-0628-062 have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal ................................ $187,075.49 Accrued but Unpaid Interest from 10/30/09 to 5/28/10 .................................. ..$47,968.72 Accrued Late Charges ............................. .......$495.00 Force Place Ins ......................................... .......$670.13 Title Search Fees ..................................... .......$350.00 NSF Fees .................................................. .......$100.00 Reasonable Attorney's Fees .................... ....$1,250.00 TOTAL as of 05/28/2010 ........................ $237,909.34 Plus, the following amounts accrued after May 28, 2010: Interest at the Rate of 10.950 per cent per annum ($38.44 per diem); Late Charges per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 2115 Walnut Bottom Road, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on April 26, 2010, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $237,909.34, plus the following amounts accruing after May 28, 2010, to the date of judgment: (a) interest of $38.44 per day, (b) late charges per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC 1 Mary L. Harbert-Bell, Esquire Attorney for Plaintiff VERIFICATION I, Mary L. Harbert-Bell, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiffs behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. '4904, relating to unsworn falsification to authorities. Name: Mary L. Harbert-Bell, Esquire Title: Attorney LOAN REPAYMENT AND SECURITY AGREEMENT (Page 1 of 3) LENDER (called "We", "Us", "Our") BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA 419 STONEHEDGE DRIVE SUITE 2 CARLISLE PA 17013 BORROWERS (called "You", "Your") LOAN NO: 711715-529581 NIEVES JR , WILLIAM SS# NIEVES, PAMELA SS# 41MINIMW .2115 WALNUT BOTTOM RD CARLISLE PA 17013 0911?/2001 LIFE INS PREMIUM c "A= nn YOU ARE GIVING US A SECURITY INTEREST IN THE REAL ESTATE LOCATED AT THE ABOVE ADDRESS. i REQUIRED INSURANCE. You must obtain insurance for term of loan covering security for this loan as indicated by the word "YES" below, naming us as Loss Payee: • Y E S Title insurance on real estate security: YES Fire and extended coverage insurance on real estate security. You may obtain any required insurance from anyone you' choose and may assign any other policy of insurance you own to cover the security for this loan. (Sea "Security" paragraph above for description of security to be-insured.) AT1'1'rTd-T7. 'TUF FnT I "UT1XTl= U A f =.IPQ rnM'r A TM A nlniTinM A T rnMTR A rT TRR MS 1ST MTG W/PPP 11-3D-94 RE SI IW1,1®?f?l??®?WIIllWl?II1?III?I??IIII????IW?®???II11I?111???? PA865811 *177025615494CEA9000PAB65B110*"NIEVES * ORIGINAL LOAN REPAYMENT AND SECURITY AGREEMENT (Page 2 of 3) PAYMENT. In return for your loan described below, you agree to pay us, the Principal and Interest computed at the Contract Rate (as stated on page one). Principal is Amount Financed, plus The Fee. You shall pay us monthly payments, at our business address or other address given you. If more than one Borrower is named on page one, we may enforce this Contract against all, or any Borrowers, but not in a combined amount greater than the amount owed. Each payment will be first applied to any Late Charges, then to Interest at the Contract Rate for the actual time outstanding, and the remainder to your unpaid Principal. DATE ON WHICH INTEREST BEGINS. If you do not cancel this loan, the date on which Interest begins, payment dates, and effective date of insurance purchased are postponed by the number of days from this contract's date to date you receive this loan. ADJUSTMENT TO CONTRACT RATE. The Contract Rate, as shown on page one, will decrease by one quarter of one percent (.25°0) at the end of the 3rd year (36th month), the 4th year (48th month) and the 5th year (60th month) (collectively the "Rate Reduction"), if all payments are made within 30 days of their due date, and you have not filed a petition under the U.S. Bankruptcy Code during the months preceding the Rate Reduction. The Rate Reduction will take effect no later than the first payment due date following the 36th, 48th, and 60th month anniversary dates from the date of the contract. Even if the rate is decreased, the monthly payment will not be adjusted, thus the total loan amount will be paid in full sooner than the final payment due date shown on page one, assuming all payments are made on their due date. Notwithstanding anything to the contrary in this paragraph, if, before any Rate Reduction, any payment is made more than 30 days after the due date, or you have filed a petition under the U.S. Bankruptcy Code, you will not receive the Rate Reduction following such event. PAY-OUTS. You agree to payouts of Amount Financed as shown on Truth-In-Lending disclosure form. If payouts change because loan closing is delayed, (a) you shall pay additional amounts due at closing, or (b) your cash or check will be reduced to cover additional payouts. PREPAYMENT. Subject to the Prepayment Penalty described below, you may prepay your loan at any time. If you prepay before the final due date, Points are fully earned when this loan is made and you will not receive a refund of that part of the Finance Charge consisting of Points. PREPAYMENT PENALTY. If you prepay the entire outstanding balance of your Account at any time within five (5) years of the loan agreement date, you agree to pay a prepayment penalty equal to six (6) months interest at the Contract Rate (as stated on page one) of the original Amount Financed. No prepayment penalty will be imposed if this loan is paid-off with the proceeds from another loan with us. LATE CHARGE. If you don't pay any payment in full within 15 days after it's due, you will also pay a late charge equal to 106 of the monthly payment or $29, whichever is greater. BAD CHECK CHARGE. We will charge you a fee of $20 if any payment check is returned because of insufficient funds or is otherwise dishonored. You agree that we may deduct this charge from a monthly payment. SECURITY. There is a mortgage on your real estate, located at your address shown on page one unless a different address is stated. You agree to give us a security interest in the real estate as described in the Mortgage/Deed of Trust. PROPERTY INSURANCE: A. YOUR OBLIGATION TO INSURE. You shall keep the structures located on the real property securing this loan insured against damage caused by fire and other physical hazards, name us as a loss payee and deliver to us a loss payable endorsement. If insurance covering the real property is cancelled or expires while the loan is outstanding and you do not reinstate the coverage, we may obtain, at our option, hazard insurance coverage protecting our interest in the real property as outlined below. B. LENDER'S RIGHT TO PLACE HAZARD INSURANCE. You authorize us, at our option, to obtain coverage on the Property in an amount not greater than the outstanding balance of principal and interest on the loan or, if known to be less, the replacement value of the Property, in the event that you fail to maintain the required hazard insurance outlined above or fail to provide adequate proof of its existence. You authorize us to charge you for the costs of this insurance and add the insurance charges to your loan. The Insurance charges will be added to the unpaid balance of the loan which accrues interest at the Contract Rate. The addition of the insurance charges due might increase the amount of your final installment. The cost of Lender placed hazard insurance might be higher than the cost of standard insurance protecting the property. The Lender placed insurance will not insure the contents of the property or provide liability coverage. The insurance might not be the lowest cost coverage of its type available and you agree that we have no obligation to obtain the NOTICE: THE FOLLOWING PAGE CONTAINS ADDITIONAL CONTRACT TERMS. 1ST3MTG9W/PPP `????????®®?®IIIIII?®?,®®IIUIIlIIItUIIi?IlUI11111U1Y®®I? PAB65812 "177025615494CEA90ODPAB658120**NIEVES ` ORIGINAL LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 3) lowest cost coverage. We or an affiliated company might receive some benefit (i.e. commission, service fee, expense reimbursement, etc.) from the placement of this insurance and' you will be charged for the full cost of the premium without reduction for any such benefit. If at any time after we have obtained this insurance, you provide adequate proof that you have subsequently purchased the required coverage, we will cancel the coverage vve obtained and credit any unearned 'premiums to your loan. DEFAULT. If you don't pay on time or fail to keep any required insurance in force, or if permitted in the event of default under the Mortgage, (1) all your payments may become due at once and, (2) without notifying you before bringing suit, we may sue you for the entire unpaid balance of Principal and accrued Interest and (3) any judgment in our favor may include our reasonable attorney's fee and court costs as determined -by the court. You agree that, should we obtain judgment against you, a portion of your disposable earnings may be attached or garnished (paid to us by your employer), as provided by Federal law. You agree to pay interest on any judgment at the Contract Rate. EXCHANGE OF INFORMATION. You understand that from time to time we may receive credit information concerning you from others, such as stores, other lenders, and credit reporting agencies. You authorize us to share any information, on a regular basis, we obtain related to your Account, including but not limited to credit reports and insurance information, with any of our affiliated corporations, subsidiaries or other third parties. The uses of this information may include an inquiry to determine if you qualify for additional offers of credit. You also authorize us to share any information regarding your Account with any of our affiliated corporations, subsidiaries or other third parties. You may prohibit the sharing of such information (except for the sharing of information about transactions or experiences between us and you) by sending a written request which contains your full name, Social Security Number and Address to us at P.O. Box 1547, Chesapeake, VA 23320. If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. OPTIONAL INSURANCE. Optional credit insurances and any required insurance disclosures are attached to this Agreement and are incorporated herein by reference. ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDERS. The terms of the Arbitration Agreement and any other Riders signed as part of this loan transaction are incorporated into this Agreement by reference, APPLICABLE LAW. This loan is made at an agreed rate authorized by Section 501(a), Part A, Title V, Public Law 96-221, also known as Section 173f-7 (a), Title 12, United States Code (USC). This Agreement also qualifies as an "alternative mortgage transaction" under the Alternative Mortgage Transaction Parity Act section of the Garn-St. Germain Depository Institutions Act of 1982, Sections 3801 through 3806, Title 12, USC. Regulations issued by the Office of Thrift Supervision, Department of the Treasury, also govern. If you do not pay the full. amount of an instalment when it is due, and we intend to foreclose on the Mortgage, we must comply with the provisions of Section 403 and 404 of the Act of January 30, 1974, which; is known as Act No. 6, and the provisions of the Homeowner's Emergency Mortgage Assistance Act (Act No. 91 of 1983).. ANY ADVANCE OF FUNDS PURSUANT TO THIS LOAN REPAYMENT AND SECURITY AGREEMENT AND THE MORTGAGE WHICH SECURES THE AGREEMENT MAY, IN THE EVENT OF ANY DEFAULT, RESULT IN THE LOSS OF YOUR HOME OR OTHER REAL PROPERTY PLEDGED AS SECURITY FOR YOUR LOAN. YOU HAVE RECEIVED A COMPLETE COPY OF THIS AGREEMENT AND THE TRUTH-IN-LENDING DISCLOSIV*ES. (SEAL) r / '(SEAL) (SEAL) IT 11-30-89 RE SIi oil PA865813 1ST MTG W/PPP IIr IWI x1T7025615494CEA9000PAB658130""NIEVES ORIGINAL U'l-LO- in 1G; Lo rrnxj-- "? 4? (2, T,-318 P0018/0040 F-893 .i? .. :. ,! fir? ., DEEDS 1?I„iN 00UNTY-PA 711716 MORTGAGE 01 SEP 18 PR 2 34 IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-PND MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 17TH of SEPTEMBER 2001 , between the Mortgagor, W1LLfAM NIEVES AID PAMELA NIEVES, 7 STATED heron Borrower an artgaees l3ENEFICfAL CON DtSr1Y1N r wAtJv n/n/A address is 419 STONE}i DGE DR ! if=, SU! TE 2, E (herein "Len The following paragraph preceded by a checked box is applicable. IT) W'IiEREAAS, borrower is indebted to Lender in the principal sum of S 197,029-13 evidenced by Borrower's Loan Repayment and Security Agreement or Seeon ortgage an Agreeutbnt dated SEPTEMBER 17, 2001 and any extensions or renewals thereof (herein "Note"), providing for moot installments o prineipal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on SEPTEMBER 17. 2034; 0 WHEREAS, Borrower is indebted to Lender in the principal sum of S or s4 much thereof as may ba advanced pursuant to Borrower's Revolvitig?,aan gre-nent dated and extensions and renewals thereof (herein "Note"), providing for mont y testa rrient8, an merest at the rate and under the terms specified in the Note, including any adiustments in the interest rate if that Late is variable, and providing for $ credit limit stated in the principal sum above and an initial advance of 3 TO S13CURE to Lender the repaymbIat of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance hm-with to protect the security of thie Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lendoes successors and assigns the following described property located in the County of CUIrE'ERLAND Commonwealth of Pennsylvania. ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF 01 CKENSOI THE COUNTY OF CUMBERLAND AND CMMWALTH OF PENNSYLVANIA, 13EINO MORE FULLY DESCRIBED IN A OF-ED DATED 1212912000 AND RECMED 12/20/2000. AMONG THE LAND REDpRDS OF THE COMY AND STATE SET FORTH ABOVE, I N DEED VOLUME 296 03_dff6 E 1127. TAX MW OR PARCEL 10 NO.. 08-10-0628-062 PADMAI ?a?sa?aaaa?a?aaaaaaar?aaa?rai® ¦i770256ts?au?re9a0oPA00l2ai4?iEVES ¦ ORIGINAL 9KI733PG2672 - ^" "+- i 11-1 l T-318 P9019/0040 F-993 TOGETHER with all the impmvemenU now or hereafter erected an the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Wrtgage; and all of the foregoing, together 'with said property (or the leasehold estate if this Mor4pp is on a leasehold) art: hereinafter referred to as tho'Property," Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant acrd convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the property against all claims and demands, aublect to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paymaat of Principal and laterest at Variable Rates. This mortgage aecures all psymc n% of principal and interest due on a variable rate loan. The contract rate of interest add payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when dun all amounts required by the Note, 2. Funds for Taxes and Insurance. Subject to applicable law or waiver by Leader, Borrower shall pay to lender on the day monthly payments of principal and interest are payable under the Note, uptil the Notes is paid in full, a suet (herein "Puttee") equal to one-twelfth of the yearly taxes and $snents (including condors tuum and planned unit development assessments, if any which may attain priority over this Wrtgags and ground rents on the property, if any, plus one-twelfth d yearly premium installments for hazard insurance, plus oft-twelfth of yearly premium installments for mortgage insurance, if any, alt as reasonably estimated initially and from time to time by Lender on the basi$ of assessments and bills and reaaogsble estimates thereof. Bormwer shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Ponds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or 5tata apmey (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiuena and ground rents. Lender may not charge for so holding and applying the Funds, analyzing sa'ad account or verifying and compiling said asseusruents and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Larder to make such a charge. Borrower and Lender may agree in writing at the tame of execution of this Mortgage that interest on the Punds shall be paid to Borrower, and on4ess such agreement is made or applicable law requires such interest to be paid, bender shall not be required to pay Borrower any interest or earnings oat the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds abowing credits and debits to the Funds and the purpose for which each debit to the Funds eras made The Punads are pledged as additional accurity for the sums aacurcd by this Mortgage. If the amount of the Funds held by Lender, together with the fuwre monthly installments of Funds payable prior to the due dates of tares, assessments, insurance premiums and ground refits, shall exceed the amount required to pay said taxes, assetsrnoms, insurance premiums and ground rents as they fall due. such excess shall be, at Borrower's option, either promptly repaid to Borrower or credit d to Borrower on monthly installments of Funds. B the amount of the Funds held by bender shall .pot be sufficient to pay taxes, a ments, insurance premiums and gaouru@ rents sa they fall doe, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Leander may rcgvim Upon payment in full of all gums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by lender. If under paragraph 17 hereof the Property is sold or t6 Property 03-01-01 MrG gg PADDt?A2 a 1770256154e4Mrce00orA00IM20KM(EYE a GRID At. 891733PG2673 04-28-'10 12:26 FROM- F00-110140W r-0= is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the We of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgages 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Leader under the Note and paragraphs 1 and 2 hereof shall be applied by fender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. A. Prior Mortgages and Deed of Trust; Charges; Lions. Borrower shall perform all of Borrow&a obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rants, if any. 5. Hazard Insurances. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lander and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender ahall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priwtityoverthisMortgage, In the event of loss, Borrower shalt give prompt notice to the insurance carrier and Lender. Lender may makeproof of lose if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the data notice is trailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at leader's option either to restoration or repair of they Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments, Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage in on a leasehold- If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrowers obligations under the declaration or covenants creating or governing the condominium or planned unit developmarrt, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. It Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Leader's interest in the Property, then Lender, at Lender's option, upodr notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys` fees, and take such action as is necessary to protect Lender's interest, Any amounts disbursed by Luxler pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional ittdebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder, 03-01-ai MTS PA00IzA3 M177a2S616494ttrG9000PA0012A30NNNIEVES V ORIGINAL OR 1733PG2674 04-2$-' 10 12:27 FAOM- T-61 ZS FOb61/IOUJID r-o:?O 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that bender shall give Borrower notice prior to any such inap8ct7ion specifying reasonable cause therefor relatod to Lenders interest in the Property. 9. Coudesnuxtioc The proceeds of any award or claim for damages, direct or eonsequrotial, in connection with any condemnation or other taking of the Property, orpart thereof, or Par conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortga8a, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Roleased; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any SUMOsSor in iUtereet of Borrower shall not Operate to release, in any manner, the liability of the original Borrower end Borrower's successors in interest. Leader shall not be required to commence proceedings against such successor or refuse to erttend time for payment of otherwise modify Amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. Any forbearance by Leader in exarcieing arty right or remedy hercurader, of otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shalt inure to, the respective successors and assigns of Lendcc and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower abet!! be joint and several. Any Borrower vrho co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage oPly to mortgage, grant and convey that Borrowef a interest in the Property to Lender under the terms of this UortgaM (b) is not personally 1 fable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other sccommodationa with regard to the terms a this Mortgage or the Nola without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borooweev interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be giveat by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, anti (b) any notice to Lendec shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to BorrowerrorLender when givtn in the manner designated heraln. 13. Governing iL4vv; Severability. The state and local laws applicable to this Mortgage shall be the laws of the3 jurisdiction in which the Property is located, The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgagee or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Nate which can be givra effect without rite conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be sdverable. As used herein, "costs," "Sxpenwe and "attorneys' fees" include all sums to the extent not prohibited by applicable: law or ls'mited herein. 14. Borrower's Copy. Borrower shall be furnished s conformed copy of the Note and of this Mortgage at the time of execution or after recordation hcreof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obiigationa under any home rehabilitafioa, improvement, repair, or other loan agreement which Borrower enters into with bender. Lender, at Leader's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Bormwof may have against parties who supply labor, mdterials orservices in cone ption with improvements made to thePrpperty a3-01-01 LM dd TAlf01TA4 177a2561S49aMtG9090agpa12A4Qx?411EYfS K ORIGIN& OK ! 733PGZ675 04-28-'10 12:27 FROM- 1-318 YIOOZOO1740 r-6zt,5 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an intent therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (C) the grant of any leasehold interest of three yearn or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a trarder where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (1) any other transfer or digmsition described in regulations prescribed by the Ilederal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the tranderce. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such suina prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NON UNIFORM COVENANTS. Borrower and Lender further covenant Aud agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying; (1) the breach; (2) the action required to cure such breach; (3) a date. not less than 30 days from the daze the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to curo such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shalt further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other derease of BorroVer to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, bender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this MoetgAge by judichd proceeding, bender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence. abstracts and title reports. 18. Borrowers Right to Reinstate- Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under thia Mortlago and the Note had no acceleration occurred; (b) Borrower cures Al breaches of any other covenants or 03-01-01 UTG ae77025615494MO000PA0012ASONXNIEWES CRIOI*L PA0012AS , 100 1 733PG2676 i-Lts- 110 1L; L f rlo[y- T-318 P0023/0040 F-893 agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable ' expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Nbrigage, and in enforcing Lenders remedies as provided in paragraph 17 hemf, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19, Assignment of Rests; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Leader the rents of the property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Louder shall be entitled to have a receiver appointed by a court to enter upon. take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the cows of management of the Property and collection of rents, including, but not limited to. receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sutras secured by this Mortgage. The recei'mr shall be liable to account only for those rcrlts actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall br the rate stated in the Note. 03-o1-w MTs X17702561549 ,9ooorA0012AGo-wiEVES " ORIGINAL J?is t;! t- recorded tll C.:UIliboTland County PA Recordcf of Deeds PAW12AB O K I 733PG2677 04-28-'10 12;28 FROM- T-318 F0024/0040 F-893 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPFR1OR MORTGAGES OR DEEDS OIL TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give, Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any We or other foreclosure action. r LLI-JM 17IE S, -Borr __ Vr MRT a trTr a BOrrOA'Ex I hereby certify that the precise address of the Lender (Mortgagee) is: ----19 STONEIiI'DGB b1t Si]ITE 2 A \ it ( l rART.TC7 C DA , TA, 4 On behalf of the Lender. By- COMMONWEALTH OF YLVANfA, MICAL K LEE Title; A. E. County es: CUMERLAND 1, a Notary Public in and for said county and state, do haraby c:ertl t at WTIA TAM NTEVF4 AND P MR A NTEVE, personally nown #o me to c same persons whose names subscribed to tli? foregoing instrument, appeared before me this day in person, and acknoa that T ha signed and do livered the said instrument as THEIR free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 17TH day of SEPTEMBER , 2001 • My Commission NW.?,t'K SEAL NAAIVJ. VffM N*jy Pubno V. .47 NANC?T, •? S? BENVICIAL MORTGAGE Co. OF PA. r•: as-al-Ol MTG 419 STONEHnGE D?N TE 2 CAnISLE, PA. 17013 (Address) (Space Betaw This Line Reserved Per Leader aad Rowrder)- Return Ta• Records Processing Services 577 Lamont Road Elmhurst, IL 60176 ??pp II177a2SGeSCggW[GSUCOFAO012ATaMMNIFM If ORIGINAL O K I 733PG2678 PAW 12az SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~o~,titx of ~u,p~,~r/,q~~ G `~~ ~~ ~~ ;~'. arFI~E cF Tye s„ERIF~ FILE" '~ ~ I it ?~ 2010 Jt~~~ 17 ~ i 1: cu~r~ ~ _~~~~N r'Et,~~w >Yi'u't~,"1ll~ Beneficial Consumer Discount Company Case Number vs. 2010-3576 William A. Nieves, Jr. (et al.) SHERIFF'S RETURN OF SERVICE 06/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: William A. Nieves Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant William A. Nieves Jr. Request for service at 2115 Walnut Bottom Road, Carlisle, PA 17013 is vacant. The Carlisle Postmaster has confirmed William A. Nieves Jr. is not known at 2115 Walnut Bottom Road, Carlisle, PA 17013. 06/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Pamela J. Nieves, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Pamela J. Nieves. Request for service at 2115 Walnut Bottom Road, Carlisle, PA 17013 is vacant. The Carlisle Postmaster has confirmed Pamela J. Nieves is not known at 2115 Walnut Bottom Road, Carlisle, PA 17013. SHERIFF COST: $59.40 June 16, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;c) CountySuite ShenfF. TeleosoR. Inc. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Vs. Plaintiff, William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. and Pamela Nieves a/k/a Pamela J. Nieves, Defendants. Attorney for Plaintiff File No. 22.12627 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-3576 Civil Mortgage Foreclosure TO THE PROTHONOTARY: C o "*a '~' i n ~ ~ : w ~ = ~`;..' a ~:~? , -r Vii=. ~ ~ Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. MILSTEAD & ASSOCIATES, LLC ary L. Harbert-Bell, Esquire Attorney ID No. 80763 O ~10.OO p D Aml e*'733?a 2~ a~~/ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~ytr of ~ iargbr~ ~~' k ,~, { ~~. f~P 'j r ~ •:7 a,7 ..!t' ~ ~~ :'4 . 1 t Richard W Stewart Solicitor CU',r .~'.~~~ :~ •~i_. ter 1 `ei~V,),~ r,,.Ufii~\'.:`"1 Beneficial Consumer Discount Company vs. William A. Nieves, Jr. (et al.) Case Number 2010-3576 SHERIFF'S RETURN OF SERVICE 07/01/2010 07:06 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2010 at 1900 hours, he served a true copy of the within Complaint in Mortgage Fo closure, upon the within named defendant, to wit: Pamela J. Nieves, by making known unto herself a sonally, at 1902 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania 17011~~ nt nt and at the same time handing to her personally the said true and correct copy of the same. SON, DEPUTY 07/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Pamela J. Nieves, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Pamela J. Nieves. Request for service at 5412 Legene Lane, Enola, PA 17025 the defendant was not found. Pamela J. Nieves currently resides at 1902 Princeton Avenue, Camp Hill, PA 17011. SHERIFF COST: $76.00 July 02, 2010 SO ANSWERS, --... RON R ANDERSON, SHERIFF (cj CountySuite Sheriff, Teleosoft. Inc. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania Plaintiff, Vs. ~ .~ ! n '.1 ~ . i'.~ I9 u3 Attorney for Plaintiff ,~ • ~ ~ ~ -- - ~ r , , ~ ~ i ^ 1 ~ - ~~ 1 3 V i 1 File No.: 22.12627 ~ ' ~ ~`~ ~ _ ,~, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-3576 Civil CIVIL ACTION William Nieves a/k/a William Nieves Jr. MORTGAGE FORECLOSURE a/k/a William A. Nieves Jr. Pamela Nieves a/k/a Pamela J. Nieves Defendants. MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, comes Plaintiff, Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co. of Pennsylvania, by its attorney Mary L. Harbert-Bell, Esquire and moves this Honorable Court for an Order permitting Alternative Service upon the Defendant, William Nieves a/k/a William Nieves, Jr. a/k/a William A. Nieves, Jr. by posting and tacking the Complaint and all. subsequent pleadings that require personal service on the premises known as 2115 Walnut Bottom Road, Carlisle, PA 17013 (the "Premises") and by regular and certified mail to the Premises and all known addresses for the Defendants pursuant to Pennsylvania Rule of Civil Procedure 430 and avers in support thereof: 1. Plaintiff filed suit against the Defendant, William Nieves a/k/a William Nieves, Jr. a/k/a William A. Nieves, Jr. (the "Defendant") in Mortgage Foreclosure. {00209674} 2. Plaintiff, Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co. of Pennsylvania, ("Plaintiff ') is the mortgagee. 3. Plaintiff has attempted to effectuate service of the Complaint upon Defendant. Service was attempted on the Defendant at the mortgaged property address of 32115 Walnut Bottom Road, Carlisle, PA 17013. A copy of the Sheriff's Return is attached herto and marked as Exhibit "A." 4. Service was also attempted on the Defendant at 4694 North Pheasant Ridge Trail, Lehi, UT 84043. A copy of the Return is attached hereto and marked as Exhibit "B." 5. Service was also attempted on the Defendant at 10968 Shilling Avenue, #2124, South Jordan, UT 84095. A copy of the Return is attached hereto and marked as Exhibit "C." 6. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit submitted herewith and made a part hereof as Exhibit "D." Said investigation provides no new address information for the Defendant. 7. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. 8. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail and by posting at the mortgaged premises. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant, William Nieves a/k/a William Nieves, Jr. a/k/a William A. Nieves, Jr. by posting and tacking the Complaint and all subsequent pleadings that require {00209674} personal service on the premises known as 2115 Walnut Bottom Road, Carlisle, PA 17013 (the "Premises") and by regular and certified mail to the premises and all known addresses for the Defendant. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC ~~~:~ ary L. Harbert-Bell, Esquire Attorney ID No.: 80763 {00209674} MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No.: 22.12627 Beneficial Consumer Discount Company COURT OF COMMON PLEAS DB/A Beneficial Mortgage Co of CUMBERLAND COUNTY Pennsylvania Plaintiff, No.: 10-3576 Civil Vs. CIVIL ACTION William Nieves a/k/a William Nieves Jr. MORTGAGE FORECLOSURE a/k/a William A. Nieves Jr. Pamela Nieves a/k/a Pamela J. Nieves Defendants. AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS I, Mary L. Harbert-Bell, Esquire, being duly sworn according to law, hereby depose and say that the facts set forth below are true and correct to the best of my knowledge, information and belief. 1. Plaintiff filed suit against the Defendant, William Nieves a/k/a William Nieves, Jr. a/k/a William A. Nieves, Jr. (the "Defendant") in Mortgage Foreclosure. 2. Plaintiff, Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co. of Pennsylvania, ("Plaintiff') is the mortgagee. {00209674} 3. Plaintiff has attempted to effectuate service of the Complaint upon Defendant. Service was attempted on the Defendant at the mortgaged property address of 32115 Walnut Bottom Road, Carlisle, PA 17013. A copy of the Sheriff's Return is attached herto and marked as Exhibit "A." 4. Service was also attempted on the Defendant at 4694 North Pheasant Ridge Trail, Lehi, UT 84043. A copy of the Return is attached hereto and marked as Exhibit "B." 5. Service was also attempted on the Defendant at 10968 Shilling Avenue, #2124, South Jordan, UT 84095. A copy of the Return is attached hereto and marked as Exhibit "C." 6. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit submitted herewith and made a part hereof as Exhibit "D." Said investigation provides no new address information for the Defendant. 7. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. 8. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail and by posting at the mortgaged premises. Milstead & Associates, LLC ary L. Harbert-Bell, Esquire Attorney ID No.: 80763 {00209674} MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No.: 22.12627 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania Plaintiff, Vs. William Nieves a/k/a William Nieves Jr. a/Wa William A. Nieves Jr. Pamela Nieves a/k/a Pamela J. Nieves Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-3576 Civil CIVIL ACTION MORTGAGE FORECLOSURE MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE I. INTRODUCTION This matter comes before the Court upon the Motion of Plaintiff, for an order permitting substituted service pursuant to Pa. R.C.Pro. 430(a) upon the Defendant William Nieves alk/a William Nieves, Jr. a/k/a William A. Nieves, Jr. (the "Defendant") in this mortgage foreclosure action. II. FACTS Plaintiff filed suit against the Defendant, William Nieves a/k/a William Nieves, Jr. a/k/a William A. Nieves, Jr. (the "Defendant") in Mortgage Foreclosure. Plaintiff, Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co. of Pennsylvania, ("Plaintiff") is the mortgagee. {00209674} Plaintiff has attempted to effectuate service of the Complaint upon Defendant. Service was attempted on the Defendant at the mortgaged property address of 2115 Walnut Bottom Road, Carlisle, PA 17013. A copy of the Sheriff s Return is attached herto anal marked as Exhibit "A." Service was also attempted on the Defendant at 4694 North Pheasant Ridge Trail, Lehi, UT 84043. A copy of the Return is attached hereto and marked as Exhibit "B." Service was also attempted on the Defendant at 10968 Shilling Avenue, #2124, South Jordan, UT 84095. A copy of the Return is attached hereto and marked as Exhibit "C." Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit submitted herewith and made a part hereof as Exhibit "D." Said investigation provides no new address information for the Defendant. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail and by posting at the mortgaged premises. III. LEGAL ARGUMENT According to Pa. R.C.Pro. 430(a), a plaintiff may petition the court to provide an alternative method of service if the plaintiff cannot effectuate service upon the Defendant. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made." Pa.R.C.Pro. 430(a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under {00209674} normal methods. Rule 430 provides in pertinent part: If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Pa.R.Civ.P. 430(a). It is well settled that, pursuant to Pa.R.Civ.P. 430(a), a method of substituted service which is reasonable calculated to give actual notice depending upon "what is reasonable under the circumstances, considering the interest at stake and the burden of providing notice" is acceptable. Romeo v. Looks, 369 Pa. Super. 608, 616 (1987). The instant matter is a mortgage foreclosure action. Clearly, service upon the Defendant at the property subject to the action and to all known addresses of Defendant and by publication is reasonably calculated to provide notice to the Defendant in light of the efforts already made by the Plaintiff to effectuate personal service. Plaintiff has attached an affidavit to its Motion which sets forth the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant. The Motion and the affidavit illustrate that Plaintiff has made a good faith effort to effectuate service under normal methods. Substituted service in this instant is appropriate under Pa.R.Civ.P. 430(a). {00209674} IV. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint and all subsequent pleadings which require personal service by certified and regular mail to all known addresses of Defendant and by posting at the mortgaged premises and by publication. ,~ ary L. Harbert-Bell, Esquire Attorney ID No.: 80763 {00209674} MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No.: 22.12627 Beneficial Consumer Discount Company COURT OF COMMON PLEAS D/B/A Beneficial Mortgage Co of CUMBERLAND COUNTY Pennsylvania Plaintiff, Vs. ~ No.: 10-3576 Civil William Nieves a1Wa William Nieves Jr. CIVIL ACTION a/k/a William A. Nieves Jr. MORTGAGE FORECLOSURE Pamela Nieves a/k/a Pamela J. Nieves Defendants. CERTIFICATION OF SERVICE I, Mary L. Harbert-Bell, Esquire, hereby certify that I have served a true and correct copy of Plaintiff s Motion for Alternate Service to the following person or their attorney of record. XXXX Regular First Class Mail Certified Mail Other Date Served: September 20, 2010 TO: William Nieves a/Wa William Nieves, Jr. a/Wa William A. Nieves, Jr. 2115 Walnut Bottom Road Carlisle, PA 17013 William Nieves a/k/a William Nieves, Jr. a/k/a William A. Nieves, Jr. 4694 North Pheasant Ridge Trail Lehi, UT 84043 William Nieves a/Wa William Nieves, Jr. a/k/a William A. Nieves, Jr. 10968 Shilling Avenue, #2124 South Jordan, UT 84095 {00209674} •Mary L. Harbert-Bell, Esquire EXHIBIT "A" {00209674} ~ aa_ ~~,c~f~,~} SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~9~i~~ir of ~futfl~r~,~~~r~ GFFIGE GF 7HE &ltERIFF Beneficial Consumer Discount Company vs. Case Number William A. Nieves, Jr. (et al.) 2010-3576 SHERIFF'S RETURN OF SERVICE 06/16/2010 Ronny R. Anderson, Sheritf, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: William A. Nieves Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant William A. Nieves Jr. Request for service at 2115 Walnut Bottom Road, Carlisle, PA 17013 is vacant. The Carlisle Postmaster has confirmed William A. Nieves Jr. is not known at 2115 Walnut Bottom Raad, Carlisle, PA 17013. 06/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Pamela J. Nieves, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Pamela J. Nieves. Request for service at 2115 Walnut Bottom Road, Carlisle, PA 17013 is vacant. The Carlisle Postmaster has confirmed Pamela J. Nieves is not known at 2115 Walnut Bottom Road, Carlisle, PA 17013. SHERIFF COST: $59.40 June 16, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (q CamiySuife Sheriff. Teleo~oft, Inc. EXHIBIT "B" {00209674} IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA; et seq. Plaintiff (Petitioner) V. WILLIAM NIEVES A/IUA WILLIAM NIEVES JR. A/I{/A WILLIAM A. NIEVES JR.; et al. Defendant (Respondent) CASE and/or DOCKET No.: 10-3576-CIVIL Sheriff's Sale Date: AFFIDAVIT OF SERVICE n Com taint ~ ~ `^' umgmons ^ Other: I, ~~j ~~~1~~~ WV l l~ ~ yt~,~~ ,certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , an~hat I served and made known to the person served, WILLIAM NIEVES A/K/AWI~LIAM NIEVES A/K/A WILLIAM NIEVES JR. A/ A WILLIAM A. NIEVES JR. AND PAMELA NIEVES A/K/A PAMELA J. NIEVES ; et al. the above process on the I `' day of ~1 ~/l~-' , 20~, at ~:~ o'clock, ~M, at 4694 NORTH PHEASANT RIDGE TRAIL LEHI , UT 84043 Manner of Service: By handing a copy to: ^ An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action* ^ The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action ^ An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action [_] By handing a copy to the Defendant(s) ^ By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found [~ By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides ^ By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s'jagens or to the person for the time being in charge thereof r ] By posting a copy of the original process on the most public part of the property pursuant to an order of court * Name: Rel ati on s hi p/Ti t le/Posi ti on: Remarks: Description: Approximate Age Height Weight Race Sex Hair Defendant~rw~as~~not'served because~: /~j~lVloved ^ Unknown ^ No Answer ^~ Vacant ~f Othera t' I/.VYl1~ ~~ ~ V V~(G'1~~'l l~ t ~ L ~L~/ ~Y Vt~~ ~ ( ~ ~~~j~ ~~~~~5 Service was attempted on the following dates/times: 5}2t~1 ~nr Vt/~~1 `x-~1k l.~~IG(._ County of C-~.«;~,t, j > ss: 3) n` I r ~LL ,,,, ~ ~ Before me, the undersigned notary public, this day, personally, appeared ~~ l ~ ~~ ~ ~~~~~~IT I~V>J~/' ('~ to me known, who being duly sworn according to ]aw, deposes the following: 1 hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. r ~/ tf~i~- ~~~7-~ - Subscribed and swo n to before me (Signature of Affiantj this day of ~ L ~ 9 File Number.22.12627 "'""~""" KRISTA faffCKEtTM NOtoty Pub11C, SfOfs Of UtOh Notary Public ~; Commission ~ Sfi0199 My Commission Explrss ~«. Ssipf~mb~r 22, 2013 tl ~ - .„.:.. ~.. f ....:...,. .,.... _. .. ., ., ..w.. ...~T.::....,...,.T EXHIBIT "C" {oozo96~4} ... IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY DB/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA; et seq. Plaintiff (Petitioner) V. WILLIAM NIEVES A/K/A WILLIAM NIEVES JR. A/K/A WILLIAM A. NIEVES JR.; et al. Defendant (Respondent) CASE and/or DOCKET No.: 10-3576-CIVIL Sheriff s Sale Date: AFFIDAVIT OF SERVICE ~'"~ Complaint __ Summons ` ~ Other: I, ~ ~ ~~ ~~ V ~~~ ~~ ,certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a part and that ser~{e and made known to the person served, WILLIAM NIEVES A/IC/A WILLIAM NIEVES JR. A/IUA WILLIAM A. NIEVES JR.; et al. the above process on the da of j U 1 ~ s Y , 20 ~©, at _~:~ o'clock, ~M, at 10968 SHILLING AVENUE # 2124 SOUTH JORDAN , UT 84095 Manner of Service: By handing a copy to: _ , An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action* The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action __ ! An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action * By handing a copy to the Defendant(s) E -,, By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no - adult family member was found By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides !_'~~ By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof __ By posting a copy of the original process on the most public part of the property pursuant to an order of court * Name: Rel ationship/Title/Position: Remarks: Description: Approximate Age Height Defendant was not nerved because: [ ~ Moved L ;Other: Weight Race Sex Hair [ I Unknown ~ ', No Answer [/ Vacant Service was attempt/ed on the~fo/Mowing dates/times: I~ (,~ s~:~/L~ laJ J ~~~~V~ 2 f / 1 Commonwealth of Pennsylvania ~ SS: County of Cumberland ~ Before me, the undersigned notary public, this day, personally, appeared deposes the following: I hereby swear or affirm that the facts se[ forth in the foregoing Affidavit of Service are true and correct. l L.. _ _ _.;_.. _,.,~ (Signature of Affiant) File Nnmber:2z.126z7 '""` SHEILA H. AfVD~RSC)~~ f,•,~: ~...,,. o,, NOTARY PUBLIC - STATE CF UTAH ~;`G~ My Comm. Exp. 01!01/2013 `z=== Commission # 577036 3) to me known, who being duly sworn according to law, Subscribed and sworn t before me 2 5 this day of ..--~~~~-, 2p~, Notary Public EXHIBIT "D" {00209674} `?~ max. 4. s~~: _ RMT SERVICES LLC "You Seek and We Find" Number: 22.12627 Plaintiff: HSBC Mortgage Services County: Cumberland Date: May 19, 2010 Vs Defendant: William Nieves Pamela Nieves Person to Locate: William Nieves. XXX-XX-8752 AFFIDAVIT OF GOOD FAITH INQUIRY LAST KNOWN ADDRESS 1) 2115 Walnut Bottom Road, Carlisle, PA 17013 2) 10968 Shilling Avenue, #2124, South Jordan, UT 84095 SEARCH OF LOCAL TAX AUTHORITY Inquiry with local tax office in Cumberland County reveals owner(s) as William & Pamela Nieves of property #1 listed above. Please see document attached. INOUIItY OF THE CREDIT BUREAU Inquiry with credit bureau, confirms the most current mailing address for William Nieves as address #2 listed above. Please see document attached. SEARCH OF LOCAL PHONE DIRECTORY AND OPERATOR INQUIRY The local phone directory has (717) 241-0625 listed to William A. Nieves Jr. at address #1 listed above. The local phone directory has (801) 676-9478 listed to Rhianna Spulock at address #2 listed above. (717) 266-0444 & (801) 216-3498 are two phone numbers used from the credit bureau listings. VERBAL TELEPHONE INOUII2IES/CONTACTS• (717) 241-0625: 5-13-10 at 8:35 p.m. automated voice message; then it was forwarded to (717) 226-0444. (801) 676-9478: 5-13-10 at 8:43 p.m. not in service (717) 266-0444: 5-16-10 at 12:42 p.m. automated voice message system (801) 216-3498: 5-16-10 at 12:43 p.m. answering machine Neighbors closest to 10968 Shilling Avenue 10926 Shilling Ave, Apt 2053: 5-19-10 at 12:52 p.m. male had no idea 10926 Shilling Ave, Apt 2052: 5-19-10 at 12:53 p.m. disconnected I CERTI'F'Y iJNDEA PENALTY OF PERIURY, THAT THE FOREGOING AND CORRECT, TO THE BEST OF MY KNOlS'LEDGE. I U'VDEASTAND FALSE STATEMEriTS HEREIN ARE MADE SUBIECT TO THE PENALTIES RELATING T SWO ALSQ~'ICATIO AUTHORITIES ~~ AFFIANT: Wayne Huber i~ D ~~~ SOMAS ~~~~1~~ c~~ ~~3 Sworn to and subscribed ~ befo a this ; day 7,111 ~_ ~~. _.. _.... _ . . WILLIAM NIEVES _ -----_-._:_-._.----__ ._.-~.w:~_~..~,_ 10968 SHILLING AVE #2124 (717) 226-0444: 02/22/2010 SOUTH JORDAN, UT 84095-4351 __ ........................ WILLIAM NIEVES 10968 SHILLING AV #2124 SOUTH JORDAN, UT 84095 WILLIAM NIEVES 4694 PHEASANT RIDGE TR '( (717) 226-0444 ;1 02/22/2010 j j ' ~ 01 /05/2010 LEHI, UT 84043 1 _.. .. .. WILLIAM NIEVES --- ----_._..______ f ~_ ,.__:.,~ _-__. _ _:_~_:: __ __~~:._.___.__.---._.-~ _._.___..::__...--__-:. 4694N PHEASANT RIDGE TRA L LEHI, UT 84043 10/19/2009 :-_~ __ ~. WILLIAM A NIEVES ~_ 4694 PHEASANT RIDG N ~ f Ili (801) 216-3498 '~ 09/17/2009 LEHI, UT 84043 i WILLIAM NIEVES ~-~._ ~.N_.__- __ -~r..:_ 4694 PHEASANT RI ~ '': LEHI, UT 84043 _ _ ~ ~ 04/06/2009 ~~ WILLIAM NIEVES ~~=--°----- ~ 4694 PHEASANT RIDGE TR '~ j LEHI, UT 84043 f 03/17/2009 WILLIAM NIEVES --------- 220 200 S ~ ~ ~ HEBER CITY, UT 84032 ,~ __ ~ 03/17/2009 T~_ - ,__ _ _ _ --- --__.- ._ _ - ,i--- - WILLIAM A NIEVES JR __ _ - _ -- ~; __ .__-_-._.__._..._ 2115 WALNUT BOTTOM RD CARLISLE, PA 17015 _:~ 05/05/2008 s ~ ~' _:____.. .,.12/11/2007 12/11 /2007 WILLIAM A NIEVES ~--~-----°-~~~ 2115 WALNUT BOTTOM RD 11 /16/2007 CARLISLE, PA 17015 .. , WILLIAM A NIEVES JR 2115 WALNUT BOTTOM RD (717) 241-0625 CARLISLE, PA 17015 - ~.._ WILLIAM NIEVES 2115 WALNUT BOTTOM RD , (717) 226-0444. 10/08!2007 CARLISLE, PA 17015 ] E i ~ WILLIAM A NIEVES JR ~ ~ 2115 WALNUT BOTTOM RD ~ ~ 3 ' ~ (717} 226-0444 ~ 08/28/2007 ~ CARLISLE, PA 17015 ~ k I ' ') ~ ^------ '__ i __ WILLIAM A NIEVES JR - _~._ ~~'_~~i - __.. 2115 WALNUT BOTTOM RD ~ ~_~~ ` ! 05!29/2007 '~ COLEBROOK, PA 17015 } _ _3 '; WILLIAM NIEVES j 2115 WALNUT BOTTOM RD 03/22/2007 CARLISLE, PA 17013 WILLIAM NIEVES! _- ~ ~~ M~_"_°~ ~- ~ 2115 WALLNUT BOTTOM 2115 WALNUT BOTTOM RD #R 2115 WALNUT BOTTOM RD CARLISLE, PA 17013 3 ~ BILL NIEVES 2115 WALNUT BOTTOM RD ~ 11 /21 /2005 CARLISLE, PA 17013 ~ ~ ~ ' { BILL NIEVES 2115 W I ~ _ , ALNUT BOTTOM RD ~ ~ 10/04/2005 C l NEWMANSTOWN, PA 17073 , - _._ - - - ~- - _ r- _~..~_..._---,.____ WILLIAM A NIEVES JR^__.___ ___ i _d.__._..._.___~.... _...~. _ _~ _ - - - - - _.______.__ ._.~:._. _____~ .___._ _..~M_ _ _ 3 2115 WALNUT BOTTOM RD j ! ~ ~ ~ ~ CARLISLE, PA 17013 02101 /2000 ` t ~_~.__-__ -_.:_....w ..___ ~ WILLIAM A NIEVES JR ..~_.~:.:_~--~- ~_~--__.___.. ._.__.~~~___:-----_-- ~ ~ i PO BOX 278 j ~ GRANTHAM, PA 17027 ~ 05/01 /1996 TaxDB Result Details Page 1 of 1 Detailed Results for Parcel 08-10-0628-062. in the 2004 Tax Assessment Database DistrictNo 08 Parcel_ID 08-10-0628-062. MapSuffix HouseNo 2115 Direction Street WALNUT BOTTOM ROAD Owners NIEVES, WILLIAM & PAMELA C/O PropType R PropDesc LivArea 1984 CurLandVal 25000 CurImpVal 186430 CurTotVal 211430 CurPrefVal Acreage , 92 CIGrnStat TaxEx 1 Sa IeAmt 145000 SaleMo O1 SaleDa 02 SaleCe 20 SaleYr 01 DeedBkPage 00236-01127 YearBlt 1989 HF_File_Date 11/09/2004 HF_Approval_Status A http://taxdb.ccpa.het/details.asp?id=08-10-0628-062. &dbselect= l 4/27/2010 SEP 2 4 2010 MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 -r"-OFFICE 0 i- ;III!!! 14 8, 61 ' 1'15cRL i 0 CCUtI z V Attorney for Plaintiff File No.: 22.12627 Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania Plaintiff, Vs. William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. Pamela Nieves a/k/a Pamela J. Nieves Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-3576 Civil CIVIL ACTION MORTGAGE FORECLOSURE ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the Court by Plaintiff, Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co. of Pennsylvania, by and through its attorney, Mary L. Harbert-Bell, Esquire, upon a Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleading submitted in connection with this matter and good cause shown: IT IS on this 2 ? $ day of.1' !0?400 , 2010, ORDERED that the Motion for Alternative Service is GRANTED and IT IS FURTHER ORDERED that service of the Complaint and all subsequent pleadings in Mortgage Foreclosure that require personal service on the Defendant William Nieves a/k/a William Nieves, Jr. a/k/a William A. Nieves, Jr. shall be made by posting and tacking the Complaint and all subsequent pleadings that require personal {00209674) service on the premises known as 2115 Walnut Bottom Road, Carlisle, PA 17013 (the "Premises") and by regular and certified mail to the premises and 4694 North Pheasant Ridge Trail, Lehi, UT 84043 and 10968 Shilling Avenue, #2124, South Jordan, UT 84095. BY THE COURT: /Mil?4- ??? - J. Coy ma??c.?, {00209674} MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No. 22.12627 Beneficial Consumer Discount Company ~ COURT OF COMMON PLEAS D/B/A Beneficial Mortgage Co of ~ CUMBERLAND COUNTY Pennsylvania, Plaintiff, No.: 10-3576 Civil Vs. Praeci~e to Reinstate Complaint in William Nieves a!k/a William Nieves Jr. Mortgage Foreclosure aJkia William A. Nieves Jr. and Pamela Nieves a/k/a Pamela J. Nieves, Defendants. TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. MILSTEAD & ASSOCIATES, LLC L. arbert-Bell, Esquire Attorney ID No. 80763 ~ ~`°~$ '~ I ~ ~ I ~ ~ " ~ ~'1^ ~ ~. ~rr w~.y ~ ~ ,~ Q C`r . C'i ' ~' ~ N s, F . =' ' NJ ~ y ,r.~ (Ti ~ ~~t~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~,,~tp at ~umGc~.~~~~ ~~' =i ~`~ 4~~a -~ ~ - ~,_ ~F ~~e ~ _ , ~.~~ ~~a«F Q~ TF~F~P~ T~~~ 'A~ ~' zoia oc~ r ~ a~ +o: ~ ~UM~~~~.~~1~ ~Q~~~er ~~f~NSYL~IA~(,~ Jody S Smith Chief Deputy Richard W Stewart Solicitor Beneficial Consumer Discount Company Case Number vs. 2010-3576 William A. Nieves, Jr. (et al.) SHERIFF'S RETURN OF SERVICE 10/11/2010 08:00 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Octobe 11, 2010 at 2000 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William A. Nieves Jr., pursuant to order of court by posting the premises located at 2115 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013 with a true and correct copy according to law. WN G ALL, DE TY SHERIFF COST: $39.40 October 12, 2010 (ol CountySuita Sheriff. Teleosoft, hw. SO ANSWERS, RON R ANDERSON, SHERIFF FILED-OFFICE MILSTEAD & ASSOCIATES, LLC OF THE QROTW40T;ARY BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff 2010 DEC 14 Ate 11: 55 CUMBERLAND COUNT RE,NNSY1_VA"RIA Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr., and Pamela Nieves a/k/a Pamela J. Nieves, Our File No. 22.12627 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-3576 Civil Withdrawal and Entry of Appearance WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Mary L. Harbert-Bell, Esquire as counsel for the Plaintiff, and enter my appearance on behalf of the Plaintiff, Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, in the above captioned matter. MILSTEAD & ASSOCIATES, LLC MILSTEAD & ASSOCIATES, LLC t Y: __Z_ J. ESNER Attorney ID No. 203145 Withdrawing Attorney MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff I THE `P€0 T141 N, 5-TL i y ?.010 DEC 16 PPS 1: 54 CUMBERLAND COUNT`( PENNS YLV,A141A Our File No. 22.12627 Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 10-3576 Civil William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr., and Withdrawal and Entry of Appearance Pamela Nieves a/k/a Pamela J. Nieves, Defendant(s). WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Mary L. Harbert-Bell, Esquire as counsel for the Plaintiff, and enter my appearance on behalf of the Plaintiff, Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, in the above captioned matter. MILSTEAD & ASSOCIATES, LLC BY: 0- MARY L. HARBERT-BELL, ESQ Withdrawing Attorney MILSTEAD & ASSOCIATES, LLC J. SNER Attorney ID 203145 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 ? J 3IjE p; 0Typ?,?j T,; 2010 OFC 16 PM 1: CUMBERL.ANL) COUt ,,r,;, PENNS YLV,p Attorney for Plainti File No. 22.12627 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania Plaintiff, Vs. William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. Pamela Nieves a/k/a Pamela J. Nieves Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-3576 Civil CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Patrick J. Wesner, Esquire, of full age, being duly sworn according to the law, upon my oath, depose and say: A copy of the Complaint in Mortgage Foreclosure was served upon Defendant William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. on October 1.2, 2010 at 4694 North Pheasant Ridge Trail, Lehi, UT 84043 and 10968 Shilling Avenue, #2124, South Jordan, UT 84095 and 2115 Walnut Bottom Road, Carlisle, PA 17013 via certified and regular mail. A copy of the Proofs of Mailing are attached hereto and made a part hereof as Exhibit "A." ck J. e er, Esquire Attorney Plaintiff {00524699} o tTi 00 o w. N? y co W O ? E? p V]R z r' co n y 0 and ti w O x oil W - - --- Jim 11 ,q r • t S•• 11?? o ,°v UhaT - o m cJ ?_ O N _ m m 0 s rn I' C) T 1 s• ', m fII L3 ol C) u N O 1 `? N U N ? W O H ?• z y M c? c? 0 W w ? a on r ?- 4i r. W ki .G C3 = w ?rrd ?k ,z mil, >?N Utfl'1 0 a p %= -rl rn i O 4 ?.If. m G. ?,. ( i o N. WC.. O O CD +i N CD, E3 (? --1 CY h 1 00 0 O It N ? y w O z? O O C ^' W O a z N ti w .j ??? 61 Ir w a x 6'A ~ C a T w - W a ?- t ° ° ur tr7r, 0 ! i. 2 O rfl N ??4 o N QQ " m pa ol'i' O O rp-y 4 1 p ?:L1' Yl P? o t'?9 N ?._ .n D. fig ow (?P- X13 §. ??az z; _o o W O p? M wwL1. ?pGy? P z N w •1 l+pi? ? la;?k p f i?! Cl p S• CD N lJi?l', r p G N t?? 0 co z; o c) N n 61 i?;j: C_) p ti o ?:? rn FDA 0 0?? a C w N z n C co N w z,•oo T- O N ?nar?:o . p l? "?1 O) ` }gyp Cl) f l7 n q ?ji C, N ° Fl i Yi rn iv ??0{{ ??? m` o CL ?-n? m o ©. ?- arc y W F4 ? cl) pp7? y p M W a N N ?. W ?• C H M ?e 7: o lc, > 1A'1) ?Q O N . , ?, rn C) ri ? ,. R7 _. ._ ? ?e f!1 C) N ?1 f:..? ri -? too ?_? to WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-3576 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 WILLIAM NIEVES A/KA WILLIAM NIEVES JR. A/K/A WILLIAM A. NIEVES JR. and PAMELA NIEVES A/K/A PAMELA J. NIEVES (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 $245,558.90 L.L..50 Interest From 12/14/10 to 6/1/11 at $40.37 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $317.30 Plaintiff Paid Date: 2/25/11 (Seal) Other Costs David D. Buell rothonotary By: Deputy REQUESTING PARTY: Name: PATRICK J. WESNER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 203145 of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. and Pamela Nieves a/k/a Pamela J. Nieves, Defendants. CIVIL ACTION NO.: 10-3576 Civil PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; cr c, 3. and index this writ against the Defendant(s) as follows: rnm -n - ? William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. zrn cn r- rn rr rn-- r-- Pamela Nieves a/k/a Pamela J. Nieves r c-? --ter o--'r? Real Property involved: 2115 Walnut Bottom Road Ac N om Carlisle, PA 17013 Amount Due $245,558.90 Interest from 12/14/10 to 6/1/11 at $40.37 per diem (6%) TOTAL (Costs to be added) Respectively submitted, Milstead & Associates, LLC DATE: February 23, 2011 59.40 a r 110.00 39.40 cra.ao 10.bD 1q. 00 2-So X 31,7. 3c { P M251 Patnck-77/e eXsquire Attorney f laintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 0 , so[.L >z?ass??? ?? pf ?? issued ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN DEDICATED RIGHT OF WAY LINE OF THE WALNUT BOTTOM ROAD, L.R. 35, AT THE DIVIDING LINE OF LOTS 1 AND 2 AS SHOWN ON THE HEREINAFTER MENTIONED SUBDIVISION PLAN, THENCE ALONG LOT NO. 1, NORTH 36 DEGREES 04 MINUTES 24 SECONDS WEST, A DISTANCE OF 248.83 FEET TO A POINT AT LANDS NOW OR FORMERLY OF LINWOOD B. PHILLIPS, JR. ET AL.; THENCE ALONG SAID LANDS, NORTH 59 DEGREES 48 MINUTES 07 SECONDS EAST, A DISTANCE OF 174.77 FEET TO A POINT AT LOT NO. 3; THENCE ALONG LOT NO. 3 SOUTH 36 DEGREES 04 MINUTES 34 SECONDS EAST, A DISTANCE OF 202.45 FEET TO A POINT ON THE NORTHERN RIGHT OF WAY LINE OF WALNUT BOTTOM ROAD, L.R. 35; THENCE WOUTH 45 DEGREES 15 MINUTES 31 SECONDS WEST, A DISTANCE OF 85.03 FEET TO A POINT; THENCE SOUTH 44 DEGREES 44 MINUTES 33 SECONDS WEST, A DISTANCE OF 94.06 FEET TO A POINT; THE PLACE OF BEGINNING. SUBJECT TO A 20 FOOT ACCESS EASEMENT OVER LOT 2 WHICH WILL BE SHARED EQUALLY FOR INGRESS FOR THE OWNERS OF LOT 1 AND 2 AS SHOWN ON THE FINAL SUBDIVISION PLAN FOR SONDY RIDGE RECORDED IN PLAN BOOK 58, PAGE 114. THE OWNERS OF LOT 1 AND 2 WILL SHARE EQUALLY IN THE MAINTENANCE OF THE PAVED DRIVEWAY ON LOT 3. Being known as 2115 Walnut Bottom Road, Carlisle, PA 17013 Tax Parcel Number: 08-10-0628-062 {00553245} A MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. and Pamela Nieves a/k/a Pamela J. Nieves, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 2115 Walnut Bottom Road, Carlisle, PA 17013: 1. Name and address of Owners(s) or Reputed Owner(s): William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. 4694 North Pheasant Ridge Trail Lehi, UT 84043 Pamela Nieves a/k/a Pamela J Nieves 1902 Princeton Avenue Camp Hill, PA 17011 William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. 10968 Shilling Avenue #2124 South Jordan, UT 84095 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-3576 Civil AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 3 -" r = r n r? r= -u n .;o c?isr CO tv r Vic? cn -4c o o ?C') -a =r, © N ern co William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. 2115 Walnut Bottom Road Carlisle, PA 17013 {00553245} I 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 4. Name and Address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania (Plaintiff herein) 636 Grand Regency Boulevard Brandon, FL 33510 Beneficial CDC d/b/a Beneficial Mortgage Co of PA c/o Terrence J. McCabe, Esq. 123 South Broad Street, Ste. 2080 Philadelphia, PA 19107-1029 Beneficial CDC d/b/a Beneficial Mortgage Co. of PA 419 Stonehedge Drive, Ste. 2 Carlisle, PA 17013 Beneficial CDC d/b/a Beneficial Mortgage Co. of PA 961 Weigel Drive Elmhurst, IL 60126 Beneficial CDC d/b/a Beneficial Mortgage Co. of PA c/o Hebert P. Henderson II, Esq. 55 West High Street Elizabethtown, PA 17022-2018 5. Name and address of every other person who has any record lien on the property: Commonwealth of PA, Dept. of Revenue Bureau of Compliance, Lien Section Dept. 280948 Harrisburg, PA 17128-0948 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: William A. Nieves, Jr. c/o Mark F. Bayley, Esq. 17 West South Street Carlisle, PA 17013-3432 1005532451 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 2115 Walnut Bottom Road Carlisle, PA 17013 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ric . W er, quire Attorney fo laintiff Date: February 23, 2011 {00553245} Is MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 T.S E FROTHoNOTAR"t 2911 FEB 25 PN 2:1 CUMBERLAND COUNTY Attorney f0m1ft tyir)r-VANI A Beneficial Consumer Discount Company COURT OF COMMON PLEAS D/B/A Beneficial Mortgage Co of CUMBERLAND COUNTY Pennsylvania, No.: 10-3576 Civil Plaintiff, NOTICE OF SHERIFF'S SALE OF Vs. REAL PROPERTY PURSUANT William Nieves a/k/a William Nieves Jr. TO PA.R.C.P.3129 a/k/a William A. Nieves Jr., and Pamela Nieves a/k/a Pamela J. Nieves, Defendants. ' TAKE NOTICE: Your house (real estate) at 2115 Walnut Bottom Road, Carlisle, PA 17013, is scheduled to be sold at sheriff's sale on June 1, 2011 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $245,558.94 obtained by Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania. 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 Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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 following page on how to obtain an attorney). {00553245} 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 bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty 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. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 22.12627 {00553245) ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN DEDICATED RIGHT OF WAY LINE OF THE WALNUT BOTTOM ROAD, L.R. 35, AT THE DIVIDING LINE OF LOTS 1 AND 2 AS SHOWN ON THE HEREINAFTER MENTIONED SUBDIVISION PLAN, THENCE ALONG LOT NO. 1, NORTH 36 DEGREES 04 MINUTES 24 SECONDS WEST, A DISTANCE OF 248.83 FEET TO A POINT AT LANDS NOW OR FORMERLY OF LINWOOD B. PHILLIPS, JR. ET AL.; THENCE ALONG SAID LANDS, NORTH 59 DEGREES 48 MINUTES 07 SECONDS EAST, A DISTANCE OF 174.77 FEET TO A POINT AT LOT NO. 3; THENCE ALONG LOT NO. 3 SOUTH 36 DEGREES 04 MINUTES 34 SECONDS EAST, A DISTANCE OF 202.45 FEET TO A POINT ON THE NORTHERN RIGHT OF WAY LINE OF WALNUT BOTTOM ROAD, L.R. 35; THENCE WOUTH 45 DEGREES 15 MINUTES 31 SECONDS WEST, A DISTANCE OF 85.03 FEET TO A POINT; THENCE SOUTH 44 DEGREES 44 MINUTES 33 SECONDS WEST, A DISTANCE OF 94.06 FEET TO A POINT; THE PLACE OF BEGINNING. SUBJECT TO A 20 FOOT ACCESS EASEMENT OVER LOT 2 WHICH WILL BE SHARED EQUALLY FOR INGRESS FOR THE OWNERS OF LOT 1 AND 2 AS SHOWN ON THE FINAL SUBDIVISION PLAN FOR SONDY RIDGE RECORDED IN PLAN BOOK 58, PAGE 114. THE OWNERS OF LOT 1 AND 2 WILL SHARE EQUALLY IN THE MAINTENANCE OF THE PAVED DRIVEWAY ON LOT 3. Being known as 2115 Walnut Bottom Road, Carlisle, PA 17013 Tax Parcel Number: 08-10-0628-062 {00553245} SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff Jody S Smith Chief Deputy Jl iy -$ F L,.?; Richard W Stewart P_? Solicitor CUtM-EF,L NC ii 1 PENNSY1 fF:NIA Beneficial Consumer Discount Company vs. Case Number William A. Nieves, Jr. (et al.) 2010-3576 SHERIFF'S RETURN OF SERVICE 03/18/2011 03:46 PM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 2115 Walnut Bottom Road, Carlisle, PA 17013, Cumberland County. 03/18/2011 03:46 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: William A. Nieves, Jr., pursuant to Order of Court by "Posting" the premises located at 2115 Walnut Bottom Road, Dickinson Township, Carlisle, PA 17013, Cumberland County with a true and correct copy according to law. 04/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Pamela J. Nieves, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 1902 Princeton Avenue, Camp Hill, PA 17011, defendant does not reside at address stated, did not leave a forwarding with the post office. 06/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 144,500.00 to Kathy L. Jones, 555 Mount Rock Road, Newville, PA 17241, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $4,059.72 SO ANSWERS, July 07, 2011 RON R ANDERSON, SHERIFF SCHEDULE OF DISTRIBUTION Date Filed: June 23, 2011 Writ No. 2010-3576 Civil Term Beneficial Consumer Discount Company, D/B/A Beneficial Mortgage Co of Pennsylvania -vs- William Nieves, a/k/a William Nieves, Jr., William A. Nieves, Jr. Pamela Nieves, a/k/a Pamela J. Nieves 2115 Walnut Bottom Road Carlisle, PA 17013 Sale Date: June 1, 2011 Buyer: Kathy L. Jones Bid Price: $ 144,500.00 Real Debt: $ 245,558.90 Interest: 6,822.53 Attorney Writ Costs: 317.30 Total Due: $ 252,698.73 DISTRIBUTION: Receipts: Cash on Account (03/10/2011): $ 1,500.00 Cash on Account (06/01/2011): 14,450.00 Cash on Account (06/16/2011): 137,240.00 Total Receipts: $ 153,190.00 Disbursements: Sheriffs Costs Legal Search Transfer Tax (Local) Transfer Tax (State) Carolyn R. McQuillen, Dickinson Twp Tax Collector (2011 School Taxes) Attorney Patrick Wesner Beneficial Consumer Discount Company, D/B/A Beneficial Mortgage Co of Pennsylvania Total Disbursements: Balance for distribution: So Answers .?..,?, Ronny R. Anderson Sheri ff 3,759.72 300.00 2000.00 2000.00 2,521.20 1,500.00 141,109.08 ($153,190.00) 00.00 SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2010-3576 Held June 1, 2011 EFFECTIVE DATE: June 1, 2011 PREMISES: 2115 Walnut Bottom Road, Carlisle, Dickinson Township, Cumberland County, Pennsylvania, Tax Parcel No. 08-10-0628-062 (the "Premises") RECITAL: Being the same Premises which Ronald L. Simons and Sharon L. Simons, husband and wife, and Donald Neff and Sondra Neff. husband and wife, by their deed dated December 29, 2000 and recorded January 2, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 236, Page 1127, granted and conveyed unto William Nieves and Pamela Nieves, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit All is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4.. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2011. 20. Mortgage in the amount of $197,029.00 from William Nieves and Pamela Nieves to Beneficial Mortgage Co. of PA dated September 17, 2001 and recorded September 18, 2001 in Mortgage Book 1733, Page 2672. -2- 21. Judgment against William Nieves and Pamela Nieves in the amount of $221,845.48 entered July 22, 2004 in favor of Beneficial Consumer Discount Company and Beneficial Mortgage Co. of Pennsylvania to No. 2004-2539. 22. Judgment against William Nieves, William A. Nieves, Jr., Pamela Nieves and Pamela J. Nieves in the amount of $237,182.43 entered August 24, 2007 in favor of Beneficial Consumer Discount Company and Beneficial Mortgage Company of Pennsylvania to No. 2007-3193. 23. Judgment against William Nieves, Jr. in the amount of $1,252.21 filed November 9, 2009 in favor of Bureau of Compliance to No. 2009-7784. 24. Judgment against William Nieves, William Nieves, Jr., William A. Nieves, Jr., Pamela Nieves and Pamela J. Nieves in the amount of $245,558.90 entered December 14, 2010 in favor of Beneficial Consumer Discount Company and Beneficial Mortgage Co. of Pennsylvania entered to No. 2010-3576. 25. Subject to all building set-back lines, easements, restrictions, conditions, notes and all other matters appearing on the Plans of Sondy Ridge recorded in Plan Book 58, Page 124 and Plan Book 57, Page 65. 26. Subject to the rights granted United Telephone Company of Pennsylvania in Misc. Book 364, Page 893. 27. Subject to all conditions, notes and matters appearing in the surveys set forth in Deed Book "S", Volume 20, Page 584 and in Deed Book "A", Volume 19, Page 1. 28. Subject to the 20' access easement cited in Deed Book 236, Page 1127. 29. Subject to the reservation of coal rights and notice concerning right of support of subsurface land contained in Deed Book 236, Page 1127. 30. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Walnut Bottom Road. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- Writ No. 2010-3576 Civil Beneficial Consumer Discount Company vs. William A. Nieves, Jr. Pamela J. Nieves Atty.: Mary L. Harbert-Bell ALL THAT CERTAIN tract of land situate in Dickinson Township, Cum- berland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the dividing line of Lots 1 and 2 as shown on the hereinafter mentioned subdivision plan, thence along Lot No. 1, North 36 degrees 04 minutes 24 seconds West, a distance of 248.83 feet to a point at lands now or formerly of Linwood B. Phillips, Jr. et al.; thence along said lands, North 59 degrees 48 minutes 07 seconds East, a distance of 174.77 feet to a point at Lot No. 3; thence along Lot No. 3 South 36 degrees 04 minutes 34 seconds East, a distance of 202.45 feet to a point on the northern right of way line of Walnut Bottom Road, L.R. 35; thence wouth 45 degrees 15 minutes 31 sec- onds West, a distance of 85.03 feet to a point; thence South 44 degrees 44 minutes 33 seconds West, a distance of 94.06 feet to a point; the place of BEGINNING. SUBJECT to a 20 foot access easement over Lot 2 which will be shared equally for ingress for the owners of Lot 1 and 2 as shown on the final subdivision plan for Sondy Ridge recorded in Plan Book 58, Page 114. The owners of Lot 1 and 2 will share equally iri the maintenance of the paved driveway on Lot 3. Being known as 2115 Walnut Bot- tom Road, Carlisle, PA 17013. Tax Parcel Number: 08-10-0628- 062. EXHIBIT A ?r h MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. and Pamela Nieves a/k/a Pamela J. Nieves, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-3576 Civil AFFIDAVIT OF SERVICE. PURSUANT TO RULE 3129.1 Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 2115 Walnut Bottom Road, Carlisle, PA 17013: 1. Name and address of Owners(s) or Reputed Owner(s): William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. 4694 North Pheasant Ridge Trail Lehi, UT 84043 Pamela Nieves a/k/a Pamela J Nieves 1902 Princeton Avenue Camp Hill, PA 17011 William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. 2115 Walnut Bottom Road Carlisle, PA 17013 William Nieves a/k/a William Nieves Jr. a/k/a William A. Nieves Jr. 10968 Shilling Avenue #2124 South Jordan, UT 84095 {00553245} 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 4. Name and Address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania (Plaintiff herein) 636 Grand Regency Boulevard Brandon, FL 33510 Beneficial CDC d/b/a Beneficial Mortgage Co. of PA c/o Terrence J. McCabe, Esq. 123 South Broad Street, Ste. 2080 Philadelphia., PA 19107-1029 Beneficial CDC d/b/a Beneficial Mortgage Co. of PA 419 Stonehedge Drive, Ste. 2 Carlisle, PA 17013 Beneficial CDC d/b/a Beneficial Mortgage Co. of PA 961 Weigel Drive Elmhurst, IL 60126 Beneficial CDC d/b/a Beneficial Mortgage Co. of PA c/o Hebert P. Henderson II, Esq. 55 West High Street Elizabethtown, PA 17022-2018 5. Name and address of every other person who has any record lien on the property: Commonwealth of PA. Dept. of Revenue Bureau of Compliance, Lien Section Dept. 280948 Harrisburg, PA 17128-0948 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: William A. Nieves, Jr. c/o Mark F. Bayley, Esq. 17 West South Street Carlisle, PA 17013-3432 X00553245} 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occu pant 2115 Walnut Bottom Road Carlisle, PA 17013 Commonwealth of Pennsylvania Department: of Welfare P.O. BOX 2675 Harrisburg, PA 17105 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Patrick ?. W? er, quire Attorney fo laintiff Date: February 23, 2011 {005532451 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company COURT OF COMMON PLEAS D/B/A Beneficial Mortgage Co of CUMBERLAND COUNTY Pennsylvania, No.: 10-3576 Civil Plaintiff, Vs. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT William Nieves a/k/a William Nieves Jr. TO PA.R.C.P.3129 a/k/a William A. Nieves Jr., and i Pamela Nieves a/k/a Pamela J. Nieves, Defendants. TAKE NOTICE: Your house (real estate) at 2115 Walnut Bottom Road, Carlisle, PA 17013, is scheduled to be sold at sheriffs sale on June 1, 2011 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of' $245,558.94 obtained by Beneficial Consumer Discount Company D/B/A Beneficial Mortgage CIO of Pennsylvania. 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 Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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 following page on how to obtain an attorney). {00553245} YOIJ 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 bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty 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. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 22.12621 {00553245} ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN DEDICATED RIGHT OF WAY LINE OF THE WALNUT BOTTOM ROAD, L.R. 35, AT THE DIVIDING LINE OF LOTS 1 AND 2 AS SHOWN ON THE HEREINAFTER MENTIONED SUBDIVISION PLAN, THENCE ALONG LOT NO. 1, NORTH 36 DEGREES 04 MINUTES 24 SECONDS WEST, A DISTANCE OF 248.83 FEET TO A POINT AT' LANDS NOW OR FORMERLY OF LINWOOD B. PHILLIPS, JR.. ET AL.; THENCE ALONG SAID LANDS, NORTH 59 DEGREES 48 MINUTES 07 SECONDS EAST, A DISTANCE OF 174.77 FEET TO A POINT AT LOT NO. 3; THENCE ALONG LOT NO. 3 SOUTH 36 DEGREES 04 MINUTES 34 SECONDS EAST, A DISTANCE OF 202.45 FEET TO A E10114T ON THE NORTHERN RIGHT OF WAY LINE OF WALNUT BOTTOM ROAD, L.R. 35; THENCE WOUTH 45 DEGREES 15 MINUTES 31 SECONDS WEST, A DISTANCE OF 85.03 FEET TO A POINT; THENCE SOUTH 44 DEGREES 44 MINUTES 33 SECONDS WEST, A DISTANCE OF 94.06 FEET TO A POINT; THE PLACE OF BEGINNING. SUBJECT TO A 20 FOOT ACCESS EASEMENT OVER LOT 2 WHICH WILL BE SHARED EQUALLY FOR INGRESS FOR THE OWNERS OF LOT 1 AND 2 AS SHOWN ON THE FINAL SUBDIVISION PLAN FOR SONDY RIDGE RECORDED IN PLAN BOOK 58, PAGE 114. THE OWNERS OF LOT 1 AND 2 WELL SHARE EQUALLY IN THE MAINTENANCE OF THE PAVED DRIVEWAY ON LOT 3. Being known as 2115 Walnut Bottom Road, Carlisle, PA 17013 Tax Parcel Number: 08-10-0628-062 {00553245} WRIT OF EXECUTION and/or ATTACHMENT COMMON WEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-3576 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 WILLIAM NIEVES A/KA WILLIAM NIEVES JR. A/K/A WILLIAM A. NIEVES JR. and PAMELA NIEVES A/K/A PAMELA J. NIEVES (I ) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (3) 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 propem, 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 5245,558.90 L. L..50 Interest From 12/14/10 to 6/1/11 at 540.37 per diem (6%) Atty's Comm % Due Prothy 52.00 Atty Paid 5317.30 Plaintiff Paid Date: 2/25/11 (Seal) REQUESTING PARTY: Other Costs David D. Buell, Prothonotary By: Deputy Name: PATRICK J. WESNER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 203145 TRUE COPY FROM RECORD In Testimony whereof, l here u,,to set my hand and the seal of said Court at Garde, Pa. This day of ?.` 20 -VL-- yy?? ?-FrOthom-.0tcaiy ? ?J On Marcia 01 1 the Sherilf levied upon the defendantys interest in tiny; real property situated in Dickinson''ownship. t- timberland County, PA, Known and numbered as. 2115 Walnut Bottom Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: (March .:. 201 H'N Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-3576 Civil Beneficial Consumer Discount Company VS. William A. Nieves, Jr. Pamela J. Nieves Atty.: Mary L. Harbert-Bell ALL THAI' CERTAIN tract of land situate in Dickinson Township, Cum- berland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the dividing line of Lots 1 and 2 as shown on the hereinafter mentioned subdivision plan, thence along Lot No. 1, North 36 degrees 04 minutes 24 seconds West, a distance of 248.83 feet to a point at lands now or formerly of Linwood B. Phillips, Jr. et al.; thence along said lands, North 59 degrees 48 minutes 07 seconds East, a distance of 174.77 feet to a point at Lot No. 3; thence along Lot No. 3 South 36 degrees 04 minutes 34 seconds East, a distance of 202.45 feet to a point on the northern right of way line of Walnut Bottom Road, L.R. 35; thence wouth 45 degrees 15 minutes 31 sec- onds West, a distance of 85.03 feet to a point; thence South 44 degrees 44 minutes 33 seconds West, a distance of 94.06 feet to a point; the place of BEGINNING. SUBJECT to a 20 foot access easement over Lot 2 which will be shared equally for ingress for the owners of Lot 1 and 2 as shown on the final subdivision plan for Sondy Ridge recorded in Plan Book 58, Page 114. The owners of Lot 1 and 2 will share equally in the maintenance of the paved driveway on Lot 3. Being known as 2115 Walnut Bot- tom Road, Carlisle, PA 17013. Tax Parcel Number: 08-10-0628- 062. 59 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: April 22, April 29, and May 6, 2011 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. isa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 6 da of May, 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH. CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 he Patriot-News Co. 2£120 Tochnology Pkwy Suite 300 - Mechanicsburg, PA 17050 Inquiries - 717'-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 J4( Patriot News 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 Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 04/29/11 05/06/11 Sworn to-6n ?Subscribed be a me thi03 day of May, 2011 A.D. r Notary Public COMMONWEALTH OF PENNSYLVANIA Notarlal Seal Sherrie L Kisner, Notary Pubiic Lower Paxton Twp., Dauphin County My Commisslon Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 2010.3576 Civil Term Beneficial Consumer Discount Company Vs William A. Nieves, Jr. Pamela J. Nieves Atty: Mary L. Harbert-Bell All That Certain Tract Of Land Situate In DiChui°>t.., Township, Cumberland County, Pennsylvania, More Particularly Bounded And Described As Follows: Beginning At A Point On The Northern Dedicated Right Of Way Line Of The Walnut Bottom Road, L. R. 35, At The Dividing Line Of Lots 1 And :' As Shown On The Hereinafter Mentioned Subdivision Plan, Thence Along Lot No. 1, North 36 Degrees 04 Minutes 24 Seconds West, A Distance Of 248.83 Feet To A Point At. Lands Now Or Formerly Of Linwood B. Phillips, Jr. Et Al.; Thence Along Said Lands, North 59 Degrees 48 Minutes 07 Seconds East, A Distance Of 174.77 Feet To A Point At Lot No. 3; Thence Along Lot No. 3 South 36 Degrees 04 Minutes 34 Seconds East, A Distance Of 202.45 Feet To A Point On The Norther Right Of Way Line Of Walnut Bottom Road, L.R. 35; Thence Wouth 45 Degrees 15 Minutes 31 Seconds West, A Distance Of 85.03 Feet To A Point; Thence South 44 Degrees 44 Minutes 33 Seconds West, A Distance Of 94.06 Feet To A Point; The Place Of Beginning. Subject T, A 20 Fart Access Easement Over Lot 2 Which Will Be Shared Equally For Ingress For The Owners Of Lot 1. And 2 As Shown On The Final Subdivision Plan For Sondy Ridge Recorded In Plan Book 58, Page 114. The Owners Of Lot 1 And 2 Will Share Lqually In The Maintenance Of The Paved Driveway On Lot 3. Being Known As 2115 Walnut Bottom Road, Carlisle, Pa 17013 Tax Parcel Number: 08-10.0628-062 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 Kathy L. Jones is the grantee the same having been sold to said grantee on the 1_ day of June A.D., 202011, under and by virtue of a writ Execution issued on the 25 day of February, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 3576, at the suit of Beneficial Consumer Discount Company d/b/a Beneficial Mortgate Co of Pennsylvania against William aka William Jr. aka William A. Nieves -& Pamela aka Pamela J Nieves is duly recorded as Instrument Number 201118976. IN TESTIMONY WHEREOF, I have ereunto set my hand and sial of said office this day of A.D. 0ZO Recorder of Deeds d% Q nbftM Cm r f, Cmlrsle, PA 50res Ov Fret Monday often. 2014