Loading...
HomeMy WebLinkAbout08-16240 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 9 /L -L y e.t t;if 7..-. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 169462 INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 V. Plaintiff KENNETH E. BROWN, III 4592 MANOR DRIVE MECHANICSBURG, PA 17055 File #: 169462 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ?15-561-7000 INDYMAC BANK, F.S.B. Plaintiff VS. KENNETH E. BROWN, III Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 08-1624 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: Mayes, 2009 PH AN L 7HMIEG, LLP By: FRANCIS S. HALLINAN, SQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jcs, Svc Dept. File# 169462 N --Fiq GJ D + -t C 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 169462 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 169462 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A L! IEN ON REAL ESTATE. File #: 169462 Plaintiff is INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH E. BROWN, III 4592 MANOR DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 02/22/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR INDYMAC BANK, F.S.B. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1984, Page: 4927. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2007 and each month thereafter are due: and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 169462 6 The following amounts are due on the mortgage: Principal Balance $411,182.40 Interest $20,030.44 07/01/2007 through 03/10/2008 (Per Diem $78.86) Attorney's Fees $1,325.00 Cumulative Late Charges $599.65 02/22/2007 to 03/10/2008 Cost of Suit and Title Search 550.00 Subtotal $433,687.49 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $433,687.49 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If ,Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 169462 9. Notice of intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against; the Defendant(s) in the sum of $433,687.49, together with interest from 03/10/2008 at the rate of $78.86 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA??,; N & SCHMI , LLP By: FRANCIS S. HALT; , ESQUIRE DANIEL G. E , ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI,'ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 169462 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern right-of-way line of Manor Drive, said point being a common corner with Lot 32 of the Final Subdivision Plan of the Manor at Westport; of which this is a part; THENCE, along the southern right-of-way line of Manor Drive, along an arc of a curve, curving to the left, having a radius of 300.00 feet, an arc length of 15.00 feet, the chord of which being South 81 degrees, 32 minutes, 56 seconds East, for a distance of 15.00 feet to a point; thence, along the same, South 82 degrees, 58 minutes, 53 seconds East, for a distance of 69.32 feet to a point, said point being the right-of-way intersection of the southern right-of-way line of Manor Drive and the western right-of-way line of Woods Way; thence, along said right- of-way intersection, along an arc of a curve, curving to the right, hiving a radius of 15.00 feet, an arc length of 22.48 feet, the chord of which being South 40 degrees, 03 minutes, 06 seconds East, for a distance of 20.43 feet to a point, said point being along the western right-of-way line of Woods Way; thence, along said western right-of-way line, along an arc of a curve, curving to the left, having a radius of 190.00 feet, an arc length of 69.10 feet, the chord of which being South 07 degrees, 32 minutes, 27 seconds East, for a distance of 68.72 feet to a point, said point being a common corner with Lot 31 of the aforementioned subdivision plan; thence, along Lot 30, South 70 degrees, 10 minutes, 37 seconds West, for a distance of 126.63 feet to a point, File #: 169462 Said point being a common corner with Lot 32 of the aforementioned subdivision plan; thence, along Lot 32, North 05 degrees, 32 minutes, 22 seconds East, for a distance of 138.03 feet to a point, the POINT OF BEGINNING. CONTAINING 11,557 square feet of land. BEING Lot 31 of the Final Subdivision Plan for The Manor at Westport as recorded in Cumberland County Records. PARCEL NO. 13-10-0256-075 PROPERTY BEING: 4592 MANOR DRIVE File #: 169462 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities-" DATE: Attorney 4?1 n C= C) Or J r7l - s ?' N r?Y r n 3. - G -< a SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-01624 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDYMAC BANK FSB VS BROWN KENNETH E III R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: BROWN KENNETH E III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , BROWN KENNETH E III 4592 MANOR DRIVE MECHANICSBURG, PA 17055 DEFENDANT IS AVOIDING SERVICE. HE WAS IN YARD WHEN DEPUTIES GOT THERE AND RAN INTO HOUSE AND WOULD NOT ANSWER DOOR. Sheriff's Costs: So answerer Docketing 18.00 _,- Service 17.60' Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 45.60 / PHELAN HALLINAN SCHMIEG 03/27/2008 .3,/j?a/o8 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01624 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDYMAC BANK FSB VS BROWN KENNETH E III R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BROWN KENNETH E III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT BROWN KENNETH E III 106 LANCASTER BLVD MECHANICSBURG, PA 17055 DEFENDANT OWNS PROPERTY, BUT DOES NOT LIVE THERE. Sheriff's Costs: So answer Docketing 6.00 ' Service 8.80 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 29.80 ? PHELAN HALLINAN SCHMIEG 03/27/2008 Sworn and Subscribed to before me this day of , A. D. Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.seidman@fedphe.com Attorney for Plaintiff Indymac Bank, F.S.B. Court of Common Pleas Civil Division vs. Cumberland County Kenneth E. Brown, III No. 08-1624 CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Kenneth E. Brown, III, by first class mail and certified mail to the Defendant's last known addresses, 106 Lancaster Boulevard, Mechanicsburg, PA 17055; and P.O. Box 133, Mechanicsburg, PA 17055 and mortgaged premises, 4592 Manor Drive, Mechanicsburg, PA 17055, posting of the mortgaged premises, 4592 Manor Drive, Mechanicsburg, PA 17055, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 4 1. Attempts to serve Defendant, Kenneth E. Brown, III, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 4592 Manor Drive, Mechanicsburg, PA 17055. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the Defendant avoided service during the Deputy's attempt at said address. 2. The Sheriff of Cumberland County attempted to serve the Defendant at the last known address, 106 Lancaster Boulevard, Mechanicsburg, PA 17055. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", no service was made as the Defendant does not reside at said address. 3. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 4. Plaintiff contacted the Prothonotary's Office and as of May 5, 2008, no Judge has previously entered a ruling in this case. 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on April 9, 2008 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's A nl 9, 2008 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "D". 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of May 5, 2008 to bring loan current. 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, Kenneth E. Brown, III, but has been unable to do so. 5 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. By: May 5, 2008 Respectfully submitted, Phelan Halli & Schmieg, Daniel G. Schmieg'Is Attorneys for Plaintiff 6 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.seidman@fedphe.com Attorney for Plaintiff Indymac Bank, F.S.B. Court of Common Pleas Civil Division VS. Cumberland County Kenneth E. Brown, III No. 08-1624 CIVIL TERM MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) 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. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis. 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603(1976). 7 An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriff s Return of Service, marked hereto as Exhibits "A" and "B", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: May 5, 2008 8 Exhibit "A" SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-01624 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDYMAC BANK FSB VS BROWN KENNETH E III R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: BROWN KENNETH E III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , BROWN KENNETH E III 4592 MANOR DRIVE MECHANICSBURG, PA 17055 DEFENDANT IS AVOIDING SERVICE. HE WAS IN YARD WHEN DEPUTIES GOT THERE AND RAN INTO HOUSE AND WOULD NOT ANSWER DOOR. Sheriff's Costs: So answers Docketing 18.00 Service 17.60 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 45.60 PHELAN HALLINAN SCHMIEG 03/27/2008 Sworn and Subscribed to before me this day of , A. D. Exhibit "B" SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01624 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDYMAC BANK FSB VS BROWN KENNETH E III R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BROWN KENNETH E III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BROWN KENNETH E III 106 LANCASTER BLVD MECHANICSBURG, PA 17055 DEFENDANT OWNS PROPERTY, BUT DOES NOT LIVE THERE. Sheriff's Costs: Docketing Service Not Found Surcharge So answer _.? 6.00 8.80 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County 29.80 PHELAN HALLINAN SCHMIEG 03/27/2008 Sworn and Subscribed to before me this day of A. D. Exhibit "C" FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 169462 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Kenneth E. Brown III Property Address: 4592 Manor Drive, Mechanicsburg, PA 17055 Possible Mailing Address: P.O. Box 133, mechanicsburg, PA 17055 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Kenneth E. Brown III - xxx-xx-8584 B. EMPLOYMENT SEARCH Kenneth E. Brown III - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Kenneth E. Brown III reside(s) at: 106 Lancaster Boulevard, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Kenneth E. Brown III reside(s) at: 4592 Manor Drive, Mechanicsburg, PA 17055106 Lancaster Boulevard, Mechanicsburg, PA 17055. On 01-07-08 our office made several telephone calls to the subject's phone number (717) 790-0303 and received the following information: answering machine. On 01-07-08 our office made several telephone calls to the subject's phone number (717) 458-5221 and received the following information: no answer. B. On 01-07-08 our office made several telephone calls to the phone number (717) 938-5303 and received the following information: no answer. On 01-07-08 our office made several telephone calls to the phone number (717) 512-4478 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 01-07-08 our office made a phone call in an attempt to contact Haywood C. Hartwell Jr. & Carol L. Hartwell (717) 938-5598,4564 Manor Drive, Mechanicsburg, PA 17055: disconnected. On 01-07-08 our office made several phone calls in an attempt to contact Eugene S. Cash (717) 697-5201,4584 Manor Drive, Mechanicsburg, PA 17055: answering machine. On 01-07-08 our office made a phone call in an attempt to contact Milton Nunez & L. Nunez (717) 697-4346,4589 Manor Drive, Mechanicsburg, PA 17055: disconnected. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-07-08 we reviewed the National Address database and found the following information: Kenneth E. Brown III - P.O. Box 133, mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: P.O. Box 133, mechanicsburg, PA 17055. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Kenneth E. Brown III. VI. OTHER INQUIRIES A. DEATH RECORDS As of 01-07-08 Vital Records and all public databases have no death record on file for Kenneth E. Brown III. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Kenneth E. Brown III residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Kenneth E. Brown III -10-12-1963 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the ralties o 18 Pa C Sec. 4 relating to unworn falsification to authorities. COMMONWEALTH OF PV")%A 00 NOTARIAL SEAL AFFIANT - Brendan Booth NORA M. FERRER, Notary Pubk Full Spectrum Legal Services, Inc. City of Philadelphia, Phila. County My Commission Expires Novepnber 22, 2009 Sworn to and subscribed before me this 7th day of January, 2008. Y U U lam The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND Exhibit "D" CO L6 L 3QOOcDZ WONAU31tVW 800L 60 adV O Lob M'000 ago,W $ WL z0 0 ti W N a a Ulf iffig?¢ T+ N e?j dy L w w ...1 Ba b ?? w N H 42 0 SE r v?$ o a ad ad4Z F ? go J E - ri x x ° a PEArt r Y u V1 ?w It- loo 1"' 15 3 O W a ,1 b p 3 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.seidman@fedphe.com Jason Seidman, 1394 Service Department Representing Lenders in Pennsylvania and New Jersey April 9, 2008 Kenneth E. Brown, III 4592 Manor Drive Mechanicsburg, PA 17055 RE: Indymac Bank, F.S.B. vs. Kenneth E. Brown, III Premises Address: 4592 Manor Drive, Mechanicsburg, PA 17055 Cumberland County, No. 08-1624 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by April 16, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Seidman For Daniel G. Schmieg, Esquire 11 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail iason.seidman@fedphe.com Jason Seidman, 1394 Service Department Representing Lenders in Pennsylvania and New Jersey April 9, 2008 Kenneth E. Brown, III 106 Lancaster Boulevard Mechanicsburg, PA 17055 RE: Indymac Bank, F.S.B. vs. Kenneth E. Brown, III Premises Address: 4592 Manor Drive, Mechanicsburg, PA 17055 Cumberland County, No. 08-1624 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by April 16, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Seidman For Daniel G. Schmieg, Esquire 11 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.seidman@fedphe.com Jason Seidman, 1394 Service Department Representing Lenders in Pennsylvania and New Jersey April 9, 2008 Kenneth E. Brown, III P.O. Box 133 Mechanicsburg, PA 17055 RE: Indymac Bank, F.S.B. vs. Kenneth E. Brown, III Premises Address: 4592 Manor Drive, Mechanicsburg, PA 17055 Cumberland County, No. 08-1624 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by April 16, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Seidman For Daniel G. Schmieg, Esquire 11 VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallin Schmieg, L P By: Daniel G. 'eg, E e Attorney for Plaintiff May 5, 2008 9 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.seidman@fedphe.com Attorney for Plaintiff Indymac Bank, F.S.B. Court of Common Pleas Civil Division VS. Cumberland County No. 08-1624 CIVIL TERM Kenneth E. Brown, III CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Kenneth E. Brown, III: 4592 Manor Drive, Mechanicsburg, PA 17055 106 Lancaster Boulevard, Mechanicsburg, PA 17055 P.O. Box 133, Mechanicsburg, PA 17055 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Date: May 5, 2008 Phelan Hallinan & Schmieg, By: Daniel G. SchrYYieg, E Attorney for Plaintiff 10 CX> ?. = n, - .. X- C Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 INDYMAC BANK, F.S.B. Plaintiff VS. KENNETH E. BROWN, III Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 08-1624 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: MU 6, 2009 P LAN L HMIEG, LLP B S Y' ` FRANCIS S. HALLIN SQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jcs, Svc Dept. File# 169462 ry, CA e ! MAY 0 82008 19V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Indymac Bank, F.S.B. VS. Kenneth E. Brown, III Civil Division No. 08-1624 CIVIL TERM ORDER AND NOW, this / 2 day of 2008, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Kenneth E. Brown, III, by: 1. Posting of the premises: 4592 Manor Drive, Mechanicsburg, PA 17055. 2. First class mail to Kenneth E. Brown, III at the last known addresses, 106 Lancaster Boulevard, Mechanicsburg, PA 17055; and P.O. Box 133, Mechanicsburg, PA 17055, and the mortgaged premises located at 4592 Manor Drive, Mechanicsburg, PA 17055; and 3. Certified mail to Kenneth E. Brown, III at the last known addresses, 106 Lancaster Boulevard, Mechanicsburg, PA 17055; and P.O. Box 133, Mechanicsburg, PA 17055 and the mortgaged premises located at 4592 Manor Drive, Mechanicsburg, PA 17055; and 2 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: AkL Cc: Kenneth E. Brown, III 4592 Manor Drive, Mechanicsburg, PA 17055 106 Lancaster Boulevard, Mechanicsburg, PA 17055 P.O. Box 133, Mechanicsburg, PA 17055 J. 3 o )?..3 ld o t ?- L 0 :6 WV C I OW 9001 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ON F. PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF INDYMAC BANK, F.S.B. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 08-1624 CIVIL TERM KENNETH E. BROWN, III CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By. 4 " Ma rir,? J' Francis S. Hallinan, Esquire Date: 05/19/08 PH S #: 169462 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 INDYMAC BANK, F.S.B. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 08-1624 CIVIL TERM KENNETH E. BROWN, III CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: KENNETH E. BROWN, III 4592 MANOR DRIVE MECHANICSBURG, PA 17055 Date: 05/19/08 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff ?? / QQD By: Francis S. Hallman, Esquire VERIFICATION (C?-f c 1"'a 4-,-?tAereby states that he/she is LVE;' of INDYMAC BANK, F.S.B., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: W Loan:1009381607 Name: Title: Vif;e President Company: INDYMAC BANK, F.S.B. File #: 169462 PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62693 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 INDYMAC BANK, F.S.B. Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION KENNETH E. BROWN, III Defendant(s) : CUMBERLAND COUNTY NO. 08-1624 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL, PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons KENNETH E. BROWN, III at 4592 MANOR DRIVE, MECHANICSBURG, PA 17055; 106 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055; and P.O. BOX 133, MECHANICSBURG, PA 17055 on MAY 21, 2008, in accordance with the Order of Court dated MAY 12, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: May 21, 2009 a FS. HALLINAN, ESQUIRE Attorney for Plaintiff --c ri ? rte- ? R f SHERIFF'S RETURN - REGULAR CASE NO: 2008-01624 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INDYMAC BANK FSB VS BROWN KENNETH E III SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BROWN KENNETH E III the DEFENDANT , at 1327:00 HOURS, on the 7th day of June 2008 at 4592 MANOR DRIVE MECHANICSBURG, PA 17055 by handing to POSTED PROPERTY AT 4592 MANOR DRIVE MECHANICSBURG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.00 Posting 6.00 Surcharge 10.00 .00 ¢11314'x' 9-. ? 4 7 . 0 0 Sworn and Subscibed to before me this day of r _ So Answers: ,, R. Thomas Kline 06/09/2008 PHELAN HALLI,N._T SCIXIEG By: Deputy A. D. .. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 5613-7000 INDYMAC BANK, F.S.B. VS. KENNETH E. BROWN, III : Court Of Common Pleas : Civil Division : CUMBERLAND County : No. 08-1624 CIVIL TERM I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated MAY 12, 2008 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in THE SFNTTNF.T, on MAY 24, 2009 and C1 TMRF.RT.ANT) LAW TOT TRNAT, on MAY 30, 2008. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?Z!2' UZI Francis S. Hallinan, Esquire Date: June 12, 2008 ATTORNEY FOR PLAINTIFF Jason Seidman Service Dept. - ,.. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): May 24, 2008 !M' 1 . Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. ?J ( Sworn to and subscribed before me this 27th day of May, 2008. 4- Notary Pub?l My commission expires: `1 f 1/©f kV, a-,_ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wolfe, Notary Pubic Carlisle Boro, Gmberlarb County My Commission E>plieS Sept 1.2008 Member, Pennsylvania Association Of Notaries COPY OF NOTICE OF PUBLICATION PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 May 30, 2008 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. le?'11 0-:-== a Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 30 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 08-1624 CIVIL TERM INDYMAC BANK, F.S.B. VS. KENNETH E. BROWN, III NOTICE TO KENNETH E. BROWN, III: You are hereby notified that on MARCH 12, 2008, Plaintiff, INDY- MAC BANK, F.S.B., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County Pennsylva- nia, docketed to No. 08-1624 CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 4592 MANOR DRIVE, MECHANICSBURG, PA 17055 whereupon your property would be sold by the Sheriff of CUM- BERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 May 30 NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. cm C) -n -TT 141 .."_ C- U7.r? m CrN (D (LI f _ rn co -YHELAN HALLINAN & SCHMIEG, L.L.P. 4-1 By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE PASADENA, CA 91107 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. KENNETH E. BROWN, III 4592 MANOR DRIVE MECHANICSBURG, PA 17055 Defendant(s). CIVIL DIVISION NO. 08-1624 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against KENNETH E. BROWN, III, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service hereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $433,687.49 Interest from 03/11/2008 to 07/25/2008 $10,803.82 TOTAL $444,491.31 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. CHMI , EC/ESQUIRE Attorney for Plainti DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Q,44 30 '206fr- //`.5t 0 " PR PROTHY_ 169462 -" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE Plaintiff, V. KENNETH E. BROWN, III Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1624 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KENNETH E. BROWN, III is over 18 years of age and resides at, 4592 MANOR DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. D NIEL G. MIEG, 9?(QUIRE Attorney for PI iff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE Plaintiff, V. KENNETH E. BROWN, III CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1624 CIVIL TERM Defendant(s). DANIEL G. SCHMIEG, IRE Attorney for Plaintiff ONE PENN CENTER AT S BURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: If you have any questions concerning this matter, please contact: i ?v, .? ?:_ ?? -? s ? T ?? '" 4 ? C? ; C,? . ,j L - t? ,.,,, ? ?,- y , .. _? L o?? ? ?, ? G ? .? J ? ? ? '^ C \, A }?+ 4 V ?? INDYMAC BANK, F.S.B. Plaintiff, V. No. 08-1624 CIVIL TERM KENNETH E. BROWN, III Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $444,491.31 Interest from 7/26/08 TO 12/10/08 $10,083.66 and Costs (per diem -$73.07) TOTAL $454,574.97 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 169462 w? w VZ p 00 ? H A U H ? ?v 0 H U s. W ? wr H ? ? W W O o t W ? a w a z a o w ?' to 0 r d W P4 V x v p a O d o d ? a? i d 0 0 r ?;, " a LL k F, h 't ?'4 6< F.13 N? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Indymac Bank, F.S.B. vs. Kenneth E. Brown, III ORDER Civil Division No. 08-1624 CIVIL TERM AND NOW, this 1 a 4 day of consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service s A. the Complaint and all future pleadings on Defendant, Kenneth E. Brown, III, by: 1. Posting of the premises: 4592 Manor Drive, Mechanicsburg, PA 17055. 2. First class mail to Kenneth E. Brown, III at the last known addresses, 106 Lancaster Boulevard, Mechanicsburg, PA 17055; and P.O. Box 133, Mechanicsburg, PA 17055, and the mortgaged premises located at 4592 Manor Drive, Mechanicsburg, PA 17055; and 3. Certified mail to Kenneth E. Brown, III at the last known addresses, 10(: -A Lancaster Boulevard, Mechanicsburg, PA 17055; and P.O. Box 133, Mechanicsburg. 31' 17055 and the mortgaged premises located at 4592 Manor Drive, Mechanicsburg, P,. 17055; and 2 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: Cc: Kenneth E. Brown, III J. 4592 Manor Drive, Mechanicsburg, PA 17055 106 Lancaster Boulevard, Mechanicsburg, PA 17055 P.O. Box 133, Mechanicsburg, PA 17055 TRUii 'f'-- ` 3hcrri PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. Plaintiff, V. KENNETH E. BROWN, III Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1624 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 'DANIEL' G. SCHMIEG, ESQUIRE Attorney for Plaintiff ATTORNEY FOR PLAINTIFF n ? ii :-t?? ., T _ 4 ..?r ',? ice,. , , _ t... -?" INDYMAC BANK, F.S.B. Plaintiff, V. KENNETH E. BROWN, III Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1624 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) INDYMAC BANK, F.S.B., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,4592 MANOR DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH E. BROWN, III 4592 MANOR DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Altieri Enterprises, Inc. 9017 Red Branch Road, Suite 201 Columbia, MD 21045 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 4592 MANOR DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authoriti 2? August 13, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff rv cn3 t% 77 r INDYMAC BANK, F.S.B. Plaintiff, V. KENNETH E. BROWN, III Defendant(s). CUMBERLAND COUNTY No. 08-1624 CIVIL TERM August 13, 2008 TO: KENNETH E. BROWN, III 4592 MANOR DRIVE MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 4592 MANOR DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $444,491.31 obtained by INDYMAC BANK, F.S.B. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of 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 the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 f LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern right-of-way line of Manor Drive, said point being a common corner with Lot 32 of the Final Subdivision Plan of the Manor at Westport; of which this is a part; THENCE, along the southern right-of-way line of Manor Drive, along an arc of a curve, curving to the left, having a radius of 300.00 feet, an arc length of 15.00 feet, the chord of which being South 81 degrees, 32 minutes, 56 seconds East, for a distance of 15.00 feet to a point; thence, along the same, South 82 degrees, 58 minutes, 53 seconds East, for a distance of 69.32 feet to a point, said point being the right-of-way intersection of the southern right-of-way line of Manor Drive and the western right-of-way line of Woods Way; thence, along said right-of-way intersection, along an arc of a curve, curving to the right, having a radius of 15.00 feet, an arc length of 22.48 feet, the chord of which being South 40 degrees, 03 minutes, 06 seconds East, for a distance of 20.43 feet to a point, said point being along the western right-of-way line of Woods Way; thence, along said western right-of-way line, along an arc of a curve, curving to the left, having a radius of 190.00 feet, an arc length of 69.10 feet, the chord of which being South 07 degrees, 32 minutes, 27 seconds East, for a distance of 68.72 feet to a point, said point being a common corner with Lot 31 of the aforementioned subdivision plan; thence, along Lot 30, South 70 degrees, 10 minutes, 37 seconds West, for a distance of 126.63 feet to a point, said point being a common corner with Lot 32 of the aforementioned subdivision plan; thence, along Lot 32, North 05 degrees, 32 minutes, 22 seconds East, for a distance of 138.03 feet to a point, the POINT OF BEGINNING. CONTAINING 11,557 square feet of land. BEING Lot 31 of the Final Subdivision Plan for The Manor at Westport as recorded in Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Kenneth E. Brown, III, a single person, as sole owner, by Deed from RCP&P, LLC, a Pennsylvania Limited Liability Company, dated 02/16/2007, recorded 03/13/2007, in Deed Book 279, page 572. PREMISES BEING: 4592 MANOR DRIVE, MECHANICSBURG, PA 17055 PARCEL NO. 13-10-0256-075 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1624 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F.S.B., Plaintiff (s) From KENNETH E. BROWN, III (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 $444,491.31 L.L.$ 0.50 Interest from 7/26/08 to 12/10/08 (per diem - $73.07) - $10,083.66 and Costs Atty's Comm % Atty Paid $251.40 Plaintiff Paid Date: 8/15/08 (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Due Prothy $2.00 Other Costs rothonot By: Deputy i f Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ATTORNEY FOR PLAINTIFF SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 (215) 563-7000 INDYMAC BANK, F.S.B. VS. KENNETH E. BROWN, III VERIFICATION CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1624-CIVIL TERM I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person KENNETH E. BROWN, III and in accordance with the Order of Court dated, MAY 12, 2008. The property was posted on SEPTEMBER 9, 2008. Which evidence of this will be sent along will the Final Affidavit pursuant with Rule 3129. The undersigned understands that this statement is made subject to the penalties of 18 PA. C. S. s4904 relating to unsworn falsificatignto authorities. DANIEL G. SCH11 ATTORNEY FOR DATE: September 25, 2008 7178 2417 6099 0011 8502 4 / KXL KENNETH E. BROWN, III 4592 MANOR DRIVE MECHANICSBURG, PA 17055-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) TT ?')SPS - Track & Confirm Page 1 of 1 UNITED STATES POSTAL SiER'V KE* Home I Help Track & Confirm Track Confirm Search Results Label/Receipt Number: 7178 2417 6099 0011 8502 Status: Delivered Track & Contim Your item was delivered at 11:42 AM on August 28, 2008 in Enter Label/Receipt Number. MECHANICSBURG, PA 17055. 17atalfa ?? to tlS?ca?a Rome > `? Notdicat Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. { Go> ; Return Receipt (Electronic) Verify who signed for your item by email $itq Ma.R C.gnt'act.Us Forms Ogv't Services Jq..bs Priy,2gy PpliGy Terms of Use. Natignal &_.Pre.0.e A,(ggttrtts Copyright01999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrm 1. smi.usps. com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=7... 9/25/2008 7178 2417 6099 0011 8519 4/KXL KENNETH E. BROWN, III 106 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) IJSPS - Track & Confirm PaUNIM STATES Page 1 of 1 Home I Help C Traa-&-D9.efir_m_. Track C Confirm Search Results Label/Receipt Number: 7178 2417 6099 0011 8519 Status: Delivered Track & Confirm Your item was delivered at 10:57 AM on September 2, 2008 in Enter Label/Receipt Number. PHILADELPHIA, PA 19103. 1- ?AdhtirionW Deaft > ROT to USMOM Hom > 1 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. ("9e> ') Return Receipt (Electronic) Verify who signed for your item by email. 0>> i Site Ma. p GQntact_US Forms Govt $eryiceS JQt2 Pr.Nj qy P.. jicy. T..ermS.W USe National &_Prernier Accounts Copyright 001999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfim 1. smi.usps.comIPTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=7... 9/25/2008 7178 2417 6099 0011 8526 4/KXL KENNETH E. BROWN, III P.O. BOX 133 MECHANICSBURG, PA 17055-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) J'SPS - Track & Confirm Page 1 of 1 UNITED $TATE'S, AL SE17V M Home 1 Help Track & Confirm_ Track Confirm Search Results Label/Receipt Number: 7178 2417 6099 0011 8526 Status: Arrival at Unit Your item arrived at 2:55 AM on September 5, 2008 in PHILADELPHIA, PA 19104. No further information is available for this item. Addltln+irM Dstr k > i Retrmn to 60 eom lfome > Track & Co m - -- Enter Label/Receipt Number. 4. (Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. t#s >w Return Receipt (Electronic) Verify who signed for your item by email. I $ite Map Gpnkapt.U5. Forms Gov't $e...rvice.s. 1ot28 Privacy Ppi cy Te.rtnS pf 41..S.e N3tipnp1 &...PremieC A4 OUrlt& Copyright01999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabeUnquiry.do?strOrigTrackNum=7... 9/25/2008 AFFIDAVIT OF SERVICE PLAINTIFF INDYMAC BANK, F.S.B. DEFENDANT(S) KENNETH E. BROWN, III PLEASE POST FOR KENNETH E. BROWN, III AT: 4592 MANOR DRIVE MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY No. 08-1624 CIVIL TERM ACCT. #169462 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2008 Served and made known to k" JU E E, Sl6w (j Defendant, on the day of c 5!gg i 200? at 9; (5 , o'clock 4.m., at +S+2 - MA N6 rz Dal &E (VI. ca ¢'N lCS Ay QG- , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said efendant(s)'s company. -i?-Other: POST" A I SFAS b(IINDT1 cj;-? nF 6llkiv=l I s .S?£ Description: Age Height Weight Race Sex Other -a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I 1,uv TIMES. INDICATE DATES & TIMES '0F SERVICE ATTEMPTED. s? of Now Ali NOT SERVED PATRICIA E. HARers" RIS On the CommhWhW ? ulls 16, 2013_, 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: 1 / Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 0? t- , 77 -5 cp -'1 a "^ C- }} „r ,,,tom r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC BANK, F.S.B. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION KENNETH E. BROWN, III , Defendant(s) NO. 08-1624 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 459 MANOR DRIVE, ME.C 14ANICSBURG PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. . 5 DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. T may not h cold in the absence of a r presentativ of the plaintiff at th Sheriff c Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 169462 INDYMAC BANK, F.S.B. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1624 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) V. Plaintiff, KENNETH E. BROWN, III INDYMAC BANK, F.S.B., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,4592 MANOR DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH E. BROWN, III 4592 MANOR DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name CitiBank (South Dakota), N.A. CitiBank (South Dakota), N.A. Last Known Address (if address cannot be reasonably ascertained, please indicate) 701 East 60th Street North Sioux Falls, SD 57117 c/o Brit J. Suttell, Esq 1060 Andrew Drive, Suite 170 West Chester, PA 19380 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Altieri Enterprises, Inc. 9017 Red Branch Road, Suite 201 Columbia, MD 21045 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 4592 MANOR DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. November 10, 2008 o"i 2. DATE kNIEL G. SCHMIEG, ES IRE Attorney for Plaintiff 4 4 ? • P 'a 04 w k a o? o x U ?r M°° Uw•? Q o aOvDa b ? b A ? 6 V W .+ GL A D? £ o L 6 L 3000 dIZ woszl G311vn ?xy C• sooz sz!Dnv oLOS Lwt<oZ0 N' 1! C ?? 6 u !- V Q 7 V U d u r? a C k B ? c Q °v n E ? ? E N _k Pa o ? ? .s pQ, 'n > o° '? Tah A o E o N °"o 3 v V U O a as c 'b o ?rn O FA .C p ,? ?• o?to V Ny 00 W ° a .= s cq :06g 18 Ca wa v A b.n ? O? ? O .s 41 L. rA 0 0 1. A E a ° oa wl A w w O ??c b U A p M U a O w N a 'e CT at v d N o ,.. .r o E P; tn 'on Q a O "y C A v .•? a a w 2" 3 v v?cNy ? ? ? O O O o? a a ° oy a?? ? ° o a ? o w O W' . e O ? ? O 8 ?} z AU?UU H U"o?°aAa x F a L W r? N 0 al IN IMI? I? I? I?laolo, v log, a i 0 °O E 0 L 6 L 3003 diz woad a311bW o w' 800Z 6Z 1D0 0 L08 LZ6000 N OOZ'ZO $ wL Z o . a? 53nnos eawlm ?? ? ? •.?, is O a° h 00 N N 'a W CD x as Qo ?% a 0 1.4 O ; O O " 00 O C) G.? C wl W eaas U ?° WWa ? ? ? ? o B " W .r ~ O ° ++ O ? ? ? a? a z Uc ?vs U °" d Z z? cv O b O '-a N M v h n 00 ON O w A h+ u. b N U 'E E. 0 o 0 urn. E y .E ?.a Ew .°??cg m O ? y O ?7 .. W U U "O p ? O W Cv° p w Vi .? O O O a e o?a h N 9 rn Qo s z x w ? U a ? o a°w Ma U w ?o x o? z; x I °a E N M V h x y ... rJ ,a ,...a ? :{ ? __ _ a ?_ _? l ?? 6;3 ° ., ; -. ' ?. .' ' ..S ?...., :. 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 Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 4 day of February A.D., 2009, under and by virtue of a writ Execution issued on the 15 day of August, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1624, at the suit of Ind=ac Bank F S B against Kenneth E Brown III is duly recorded as ;koo9 os6 3 ), Instrument Number IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this off, A.D. ?L-0 0 day of Recorder of Deeds Rsowd3; of D3*ds, Cumberland County, Caffisls, PA My Commission Expires ft Finn Monday of Jan. 2010 Indymac Bank, F.S.B. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Kenneth E. Brown, III Writ No. 2008-1624 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2008 at 1040 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kenneth E. Brown, III by making known unto Kenneth Brown personally, at 4592 Manor Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Timothy Black, Depmuty Sheriff, who being duly sworn according to law, states that on October 8, 2008 at 15 10 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth E. Brown, III, located at 4592 Manor Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Kenneth E. Brown, III, by regular mail to his last known address of 4592 Manor Drive, Mechanicsburg, PA 17050. This letter was mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on February 4, 2009 at 10:00 o'clock A.M., He sold the same for the sum of $1.00 to Attorney Daniel G. Schmieg, on behalf of Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of 5000 Plano Parkway, Carrollton, TX 75010, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,256.21 Sheriffs Costs: Docketing $30.00 Poundage 24.63 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 26.00 Levy 15.00 Surcharge 20.00 Post Pone Sale 20.00 Law Journal 485.00 Patriot News 455.66 Share of Bills 14.92 v :. V-1.3 L'I JL Distribution of Proceeds Sheriff s Deed 25.00 49.50 $1,256.21 ? 319,1 ?o q 4-- So Answers: ?000-a4oag R. Thomas Kline, Sheriff BY CQ-l l fJ?? °-? Real Estate Coordinator a. b ch, c'?O pl- .2'i 17 `9 i 1 ?A ?.?t ?. ?r? "f. ?r7 r j?i1? +` _ .. ?' ?' ,; w f ,?*. ' _ ? i ? _... I Y 1 INDYMAC BANK, F.S.B. Plaintiff, V. KENNETH E. BROWN, III Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1624 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) INDYMAC BANK, F.S.B., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,4592 MANOR DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH E. BROWN, III 4592 MANOR DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Altieri Enterprises, Inc. 9017 Red Branch Road, Suite 201 Columbia, MD 21045 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 4592 MANOR DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to autho August 13, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff e INDYMAC BANK, F.S.B. Plaintiff, V. KENNETH E. BROWN, III Defendant(s). CUMBERLAND COUNTY No. 08-1624 CIVIL TERM August 13, 2008 TO: KENNETH E. BROWN, III 4592 MANOR DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE. PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at, 4592 MANOR DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $444,491.31 obtained by INDYMAC BANK, F.S.B. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of 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 the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern right-of-way line of Manor Drive, said point being a common corner with Lot 32 of the Final Subdivision Plan of the Manor at Westport; of which this is a part; THENCE, along the southern right-of-way line of Manor Drive, along an arc of a curve, curving to the left, having a radius of 300.00 feet, an arc length of 15.00 feet, the chord of which being South 81 degrees, 32 minutes, 56 seconds East, for a distance of 15.00 feet to a point; thence, along the same, South 82 degrees, 58 minutes, 53 seconds East, for a distance of 69.32 feet to a point, said point being the right-of-way intersection of the southern right-of-way line of Manor Drive and the western right-of-way line of Woods Way; thence, along said right-of-way intersection, along an arc of a curve, curving to the right, having a radius of 15.00 feet, an arc length of 22.48 feet, the chord of which being South 40 degrees, 03 minutes, 06 seconds East, for a distance of 20.43 feet to a point, said point being along the western right-of-way line of Woods Way; thence, along said western right-of-way line, along an arc of a curve, curving to the left, having a radius of 190.00 feet, an arc length of 69.10 feet, the chord of which being South 07 degrees, 32 minutes, 27 seconds East, for a distance of 68.72 feet to a point, said point being a common corner with Lot 31 of the aforementioned subdivision plan; thence, along Lot 30, South 70 degrees, 10 minutes, 37 seconds West, for a distance of 126.63 feet to a point, said point being a common corner with Lot 32 of the aforementioned subdivision plan; thence, along Lot 32, North 05 degrees, 32 minutes, 22 seconds East, for a distance of 138.03 feet to a point, the POINT OF BEGINNING. CONTAINING 11,557 square feet of land. BEING Lot 31 of the Final Subdivision Plan for The Manor at Westport as recorded in Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Kenneth E. Brown, III, a single person, as sole owner, by Deed from RCP&P, LLC, a Pennsylvania Limited Liability Company, dated 02/16/2007, recorded 03/13/2007, in Deed Book 279, page 572. PREMISES BEING: 4592 MANOR DRIVE, MECHANICSBURG, PA 17055 PARCEL NO. 13-10-0256-075 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1624 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F.S.B., Plaintiff (s) From KENNETH E. BROWN, III (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 $444,491.31 L.L.$ 0.50 Interest from 7/26/08 to 12/10/08 (per diem - $73.07) - $10,083.66 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $251.40 Plaintiff Paid Other Costs Date: 8/15/08 (Seal) REQUESTING PARTY: rothono By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 32 On August 20, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 4592 Manor Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date:,,August 20, 2008 By. i Real Esta a Sergeant C?im PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 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. SWORN TO AND SUBSCRIBED before me this 4 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUMY My Commission Expires Apr 28. 2010 1AY? M%M 9"i ¦O. 32 Writ No. 2008-1624 Civil Indymac Bank, F.S.B. VS. Kenneth E. Brown, III Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Com- monwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern right-of-way line of Manor Drive, said point being a common comer with Lot 32 of the Final Subdi- vision Flan of the Manor at Westport; of which this is a part; THCE, along the southern right-of-way line of Manor Drive, along an arc of a curve, curving to the left, having a radius of 300.00 feet, an arc length of 15.00 feet, the chord of which be- ing South 81 degrees, 32 minutes, 56 seconds East, for a distance of 15.00 feet to a point; thence, along the same, South 82 degrees, 58 min- utes, 53 seconds East, for a distance of 69.32 feet to a point, said point being the right-of-way intersection of the southern right-of-way line of Manor Drive and the western right- of-way line of Woods Way; thence, along said right-of-way intersection, along an arc of a curve, curving to the right, having a radius of 15.00 feet, an arc length of 22.48 feet, the chord of which being South 40 degrees, 03 minutes, 06 seconds East, for a distance of 20.43 feet to a point, said point being along the western right- of-way line of Woods Way; thence, along said western right-of-wa line, along an arc of a curve, curving to the left, having a radius of 1913.00 feet, an arc length of 69.10 feet, the chord of which being South 07 degrees, 32 minutes, 27 seconds East, for a distance of 68.72 feet to a point, said point being a common corner with Lot 31 of the aforementioned subdivision plan; thence, along Lot 30, South 70 degrees, 10 minutes, 37 seconds West, for a distance of 126.63 feet to a point, said point being a common corner with Lot 32 of the aforemen- tioned subdivision plan; thence, along Lot 32, North 05 degrees, 32 minutes, 22 seconds East, for a dis- tance of 138.03 feet to a point, the POINT OF BEGINNING. CONTAINING 11,557 square feet of land. BEING Lot 31 of the Final Subdivi- sion Plan for The Manor at Westport as recorded in Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Kenneth E. Brown, III, a sine person, as sole owner, by Deed from RCP&P, LLC, a Pennsylvania Lanited Liability Company, dated 02/ 16 / 2007, recorded 03/ 13 / 2007, in Deed Book 279, page 572. PREMISES BEING: 4592 MANOR DRIVE, MECHANICSBURG, PA 17055. PARCEL NO. 13-10-0256-075. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the PatnotXeWs 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 11/12/08 ... ........ . Sworn to and" bscribed before me tKis 25/d?f November, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANl'4_ Notarial Sea! Sherrie L. finer, Notary Public City Or Harrisburg, Dauphin County MY Canmission Eire , tJov. 26, 2011 I w1ember. Pennsvivania Association of Notaries Real Estate Sale No. 32 Writ No. 2008-1624 Chdi Term IndVmac Bank, F.S.B. VS' Kenneth E. Brown, 111 Attorney Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township 4 Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern right-of- way line of Manor Drive, said point being a common corner with Lot 32 of the final Subdivision Plan of the Manor at Westport; of which this is a part; THENCE, along the southern right-of-way line of Manor Drive, along an arc of a curve, curving to the left, having a radius of 300.00 feet, an are length of 15,00 feet, the chord of which being South 81 degrees, 32 minutes, 56 seconds East, for a distance of 15.00 feet to a. point; thence, along the same, South 82 degrees, 58 minutes, 53 seconds East, for a distance of 69.32 feet to a point, said point being the right-of-way intersection of the southern right-of-way line of Manor Drive and the western right-of-way line of Woods Way; thence, along said right-of-way intersection, along an arc of a curve, curving to the right, having a radius of 15.00 feet, an arc length of 22.48 feet, the chord of which being South 40 degrees, 03 minutes, 06 seconds fast, for a distance of 20.43 feet to a point, said point being along the western right-of-way line of Woods Way; thence, along said western right-of- way lice, IWO& an arc of a Vie, avving to the left, having a rau of 19ox foot, an arc length of 69.10 fee, the chord of which baWg South.07 degrees, 32 minutes, 27 seconds East, for a distance of 68.72 feet to a point, said point being a common comer with Lot 31 of the aforementioned subdivision plan; then, along Lot 30, South 70 degrees, 10 minutes. 37 seconds West, for a distance of 126.63 feet to a point, said point being a common corner with Lot 32 of the aforementioned subdivision plan; thence, along Lot 32, North 05 degrees, 32 minutes, 22 seconds East, for a distance of 138.03 feet to a point, the POINT OF BEGINNING. CONTAINING 11,557 square feet of land. BEING Lot 31 of the Final Subdivision Plan for The Manor at Westport as recorded in Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Kenneth E. Brown, IU, a single person, as sole epvner, by Deed from RCP&P, LLC, a Pennsylvania Limited Liability Company, dated 02116/2007, recorded 03113/2007, in Deed Book 279, page 572. PREMISES BEING: 4592 MANOR DRIVE, MECHANICSBURG, PA 17055 PARCEL NO.13-10-0256.075 I ?the Patriot-Xtws Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL 10/29/08 11/05/08 11/12/08 Of Ad Sheriff Sale 32 10.31 $14.57 $ 150.22 Sheriff Sale 32 10.31 $14.57 $ 150.22 Sheriff Sale 32 10.31 $14.57 $ 150.22 Notary Fee I I I I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 455.66 JLC