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HomeMy WebLinkAbout08-5854 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 IT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF DA1NN Ur ANItMUA, N.A. NC 4-105-02-63 4161 PIEDMONT PARKWAY GREENSBORO, NC 27410-8110 PLAINTIFF VS. KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN 106 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. di- ?-k Spy h o / Arm COMPLAINT IN MORTGAGE FORECLOSURE 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 defense 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF BANK Ut' AMERICA, N.A. NC 4-105-02-63 4161 PIEDMONT PARKWAY GREENSBORO, NC 27410-8110 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. KENNETH E. BROWN, III, NO. d p- 5-9V tad ?J,4-- A/K/A KENNETH E. BROWN 106 LANCASTER BOULEVARD COMPLAINT IN MECHANICSBURG, PA 17055 MORTGAGE FORECLOSURE DEFENDANT CIVIL ACTION MORTGAGE FORECLOSURE 1. Bank of America, N.A. (hereinafter referred to as "Plaintiff") is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Kenneth E. Brown, III, a/k/a Kenneth E. Brown (hereinafter referred to as "Defendant") is an adult individual residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as Mortgagee. The Mortgage, dated January 2, 2007, was recorded on January 24, 2007 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1980, Page 1879. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendant on January 2, 2007 in the original principal amount of $37,000.00 payable to Plaintiff in monthly installments with an interest rate of 9.49%. 5. The land subject to the mortgage is 106 Lancaster Boulevard, Mechanicsburg, PA 17055. A copy of the Legal Description is attached and made a part hereof as Exhibit `B'. 6. The Defendant is the Record Owner of the mortgaged property located at 106 Lancaster Boulevard, Mechanicsburg, PA 17055. 7. The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $36,999.28 Interest to 9/17/2008 $3,069.56 Accumulated Late Charges $149.19 BPO $190.00 Recoverable Balance $596.43 Cost of Suit and Title Search $550.00 Attorney's Fees $1,000.00 TOTAL $42,554.46 plus interest from 9/18/2008 at $6.31 per day, costs of suit and attorney's fees. 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency Mortgage Assistance were required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on August 11, 2008. A copy of the Notice is attached and made a part hereof as Exhibit `C'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff s favor and against the Defendant, in the sum of $42,554.46 together with the interest from 9/18/2008 at $6.31 per day, costs of suit and attorney's fees. Law Offices of Gregory Javardian BY: Gr ory j r n ttorney ID o. 55669 Attorney fo laintiff EXHIBIT `A' -M! of !t': MI AN Z4 RM 1116 'EMaOraa.ati4?araEa? 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I h?arbat ¦7Lridd?,{?eck 8i 198DP61892 J Ah?ll?ytill ?t Mr?r ?q?ir ? sum! 100 Borth ?ryas street- r a t?dwssll?ewle North GirolSaa 28255 .t0'?4 cit 6P'a ?v 6 tb.? aas 'bid to be 'JI lfp0 l'd PA ?' .??.. 0-4-- 0 r)'Xds ..t,...m hPuds a 198oro 1823 EXHIBIT `B' AM THAT CERTA= lot or piece of land situate in the Township of Allen, County of Cumberland and state of p'?sylvania, more cO1i?ar bounded and described as follows, to wit: particularly BBGXMXNG at a point on the western line of Lancaster Boulevard, which mint is one hundred seventy-owe and two one-hundredths (171.02) feet north of the northwestern corner of the Intersection of Lancaster Boulevard wLth Stuart Drive and which point is at the line dividing Nos. 1.2 and 33, Block `"s" on the hereinafter mentioned Plan of Lo=Lota thence along said dividinq line South forty-five (45) degrees (22) minutes Nest, one hundred seven and sixty--tour one-hundredth'ty-two (107.64) feet to a points thence North forty-four (44) degrees twenty- nine (28) minutes meet seventy-five (75) feet to a point; thence North forty-five (45) degrees twenty-two (22) minutes East one hundred seven and forty-four one-hundredths (107.44) feet to a line of Lancaster Boulevard; thence along the Name oouthnftoxty6-fcurr(44) degrees thirty-eight (38) minutes East seventy-five (75) feet to the point of BMINNING. Rum Lot No. 12, Block "J,' on plan No. 6B of Windsor Park as reoorded in the Cumberland County Recorder'a Office in Re-subdivision Plan gook 1, Page 22. OW PAGE 970 EXHIBIT `C' V . ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE August 11, 2008 KENNETH E. BROWN III, KENNETH E. BROWN III, A/K/A KENNETH E. BROWN A/K/A KENNETH E. BROWN 106 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 KENNETH E. BROWN III, A/K/A KENNETH E. BROWN 4592 MANOR DRIVE MECHANICSBURG, PA 17055 P.O. BOX 133 MECHANICSBURG, PA 17055 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling Agency. The name; address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have an uestions you may call the Penns lvania Housing Finance Agency toll free at 1-800- 342-2397 (Persons with impaired hearing can call (717) 780-1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. STATEMENTS OF POLICY 1 SJ_ KENNETH E. BROWN III, A/K/A KENNETH E. BROWN 106 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 68811800238999 BANK OF AMERICA, NA. CURRENT LENDER/SERVICER: BANK OF AMERICA, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY- TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -If ou meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty 3( 0) days after the date of this meeting The names addresses and telephone numbers of designated consumer credit counselor agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your tender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. N=? '160 3401 9845 6355 6505 7160 3901 9845 6355 6512 7160 3401 4645 6955 6628 AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at 106 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due from 10/11/07 through 8/11/08 in the amount of $226.30 per month: ? JJI Ayn-ie lts Plus Late Charges Accrued: $2,618.49 ' "VAMOUNT TO CURE DEFAULT $2,618.49 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 52,618.49 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either by cashier's check cert ified check or money order made payable and sent to: Bank of America, NC4-105-02-48, 4161 Piedmont Parkway, Greensboro, NC 27410. Contact: Craig Ely You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable N/A IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorneys fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. ¦% . RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time u to one hour before the Sheriff's Sale. You may do so b paving the total amount then east due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and an other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- Bank of America NC4-105-0248 4161 Piedmont Parkway Greensboro, NC 27410 Tel.: 1-800-588-5402 Attention: Craig Ely EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You _ may or XX_ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, Gregory lavardian ATTORNEY FOR LENDER 1` . IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. CUMBERLAND COUNTY Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. sr. Vl?? 1pK.ES%veN-r Bank of America, N.A. Loan #68811800238999 _%.? -Q, r? v y C cy r- ? f N _ r t k e e, ._? SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-05854 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF AMERICA N A VS BROWN KENNETH E III ET AL R. Thomas Kline , Deputy 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 AKA KENNETH E BROWN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT KENNETH E BROWN 2900 MARKET STREET CAMP HILL, PA 17011 NOT SERVED , as to BROWN KENNETH E III AKA THIS ADDRESS WAS NOT ATTEMPTED SINCE DEFENDANT WAS SERVED AT THE MANOR DRIVE ADDRESS. Sheriff's Costs: So answe Docketing 6.00 - / Service .00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County _ .00 , i'o/l3?d 8 ?i•, V 16.00 - GREGORY JAVARDIAN 10/09/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND ~CASE NO: 2008-05854 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF AMERICA N A VS BROWN KENNETH E III ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BROWN KENNETH E III AKA KENNETH E BROWN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT KENNETH E BROWN 106 LANCASTER BOULEVARD NOT FOUND , as to BROWN KENNETH E III AKA MECHANICSBURG, PA 17055 PER CURRENT TENANT, BROWN DOES NOT LIVE AT THIS ADDRESS. Sheriff's Costs: Docketing Service Affidavit Surcharge Not Found iP f 1310 p So answer 18.00 16.00 .00 R. Thomas Kline 10.00 Sheriff of Cumberland County 5.00 49.00 GREGORY JAVARDIAN 10/09/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR -CASE NO: 2008-05854 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA N A VS BROWN KENNETH E III ET AL TIMOTHY R BLACK , 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 AKA KENNETH E BROWN the DEFENDANT at 0016:00 HOURS, on the 8th day of October , 2008 at 4592 MANOR DRIVE MECHANICSBURG, PA 17055 by handing to KENNETH E BROWN III DEFENDANT 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 Service Affidavit Surcharge /a 1/310 F Sworn and Subscibed to before me this of So Answers: 6.00 ? ,. - • •?,? 13.00 * 00 10.00 R."Thomas Kline .00 29.00 10/09/2008 GREGORY JAVARDIAN By: day Deputy Sheriff A. D. 1 LAW#OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 BANK OF AMERICA, N.A. NC 4-105-02-63 4161 PIEDMONT PARKWAY GREENSBORO, NC 27410-8110 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-5854 CIVIL TERM vs. KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN 4592 MANOR DRIVE MECHANICSBURG, PA 17055 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN, Defendant, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $42,554.46 Interest 9/18/08 to 11/10/08 334.43 TOTAL $42,888.89 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. I iE? GRE Y JAVARDIAN, ESQUIRE Atto ey or Plaintiff Damages are hereby assessed as indicated. DATE: _ 1 s txt NC..cy O PROTHY d-0K j BANK OF AMERICA, N.A. ti Plaintiff V. KENNETH E. BROWN, III A/K/A KENNETH E. BROWN Defendants In The Court of Common Pleas Cumberland County No. 08-5854 CIVIL TERM TO: KENNETH E. BROWN, III A/K/A KENNETH E. BROWN 106 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 KENNETH E. BROWN, III A/K/A KENNETH E. BROWN 4592 MANOR DRIVE MECHANICSBURG, PA 17055 KENNETH E. BROWN, III A/K/A KENNETH E. BROWN 2900 MARKET STREET CAMP HILL, PA 17011 DATE OF NOTICE: OCTOBER 29, 2008 KENNETH E. BROWN, III A/K/A KENNETH E. BROWN PO BOX 133 MECHANICSBURG, PA 17055 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims se forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17010`"`°_ 1 (800)990 ------------ -9 1 ?^ (717) 249-31 6 a- Gregory Javardian, Esquire 1310 Industrial Boulevard 0 Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tornado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en coue o escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o Name por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 BANK OF AMERICA, N.A. vs. KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-5854 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE GREGORY JAVARDIAN, 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) Defendant, KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN, is over 18 years of age, and resides at 4592 MANOR DRIVE, MECHANICSBURG, PA 17055. (c) Plaintiff, BANK OF AMERICA, N.A., is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of NC 4-105-02-63, 4161 PIEDMONT PARKWAY, GREENSBORO, NC 27410-8110. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. GREGO VARDIAN, ESQV CZ via- .r? f*3 ? 0 trs t7 .. ? t? s y ?? s t t3't COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF AMERICA, N.A. VS. KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-5854 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 11/10/08 to Date of Sale @ $7.05 per diem $42,888.89 Subtotal (Costs to be added) IAN, ESQUIRE *Kttorney for P" iff I.D. #55669 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 0 0 LO 6 0 Ln g0°© 0 0 -r to n b ,F T 00 s' w , ALL THAT CERTAIN lot or piece of land situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Lancaster Boulevard, which point is one hundred seventy-one and two one hundredths (171.02) feet north of the northwestern corner of the intersection of Lancaster Boulevard with Stuart Drive and which point is at the line dividing Lots Nos. 12 and 13, Block "J" on the hereinafter mentioned Plan of Lots; thence along said dividing line South forty-five (45) degrees twenty-two (22) minutes West, one hundred seven and sixty-four one- hundredths (107.64) feet to a point; thence North forty-four (44) degrees twenty-nine (29) minutes West seventy-five (75) feet to a point; thence North forty-five (45) degrees twenty-two (22) minutes East one hundred seven and forty-four (107.44) feet to a point on the western line of Lancaster Boulevard; thence along the same South forty-four (44) degrees thirty-eight (38) minutes East seventy-five (75) feet to the place of beginning. BEING Lot No. 12, Block "J" on Plan No. 6B of Windsor Park as recorded in the Cumberland County Recorder's Office in Re-subdivision Plan Book 1, Page 22. BEING known as 106 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 BEING THE SAME PREMISES which Martha C. Buser, widow, by Charles G. Buser, III, her attorney-in-fact, and Charles G. Buser, III, by Deed dated October 16, 2006 and recorded October 19, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 277, Page 970, granted and conveyed unto Kenneth E. Brown, 111, adult individual. PARCEL No. 13-23-0561-025 SUBJECT TO MORTGAGE ti BANK OF AMERICA, N.A. VS. KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-5854 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 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 106 LANCASTER BOULEVARD, 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, A/K/A KENNETH E. BROWN 4592 MANOR DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: KENNETH E. BROWN, III, A/K/A 4592 MANOR DRIVE KENNETH E. BROWN MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 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) Plaintiff. Bank of America, NA 1201 Main Street, 7th Floor Dallas, TX 76202 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) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 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) Tenants/Occupants 106 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. G GO J ARDIAN, ESQUIRE ttorney fo aintiff November 21, 2008 w `=?? -NI LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 215 942-9690 BANK OF AMERICA, N.A. vs. KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-5854 CIVIL TERM CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: () FHA () Tenant Occupied () Vacant () Commercial () As a result of Complaint in Assumpsit (X) Act 91 complied with RV)JVARDIAN, ESQUIRE ff rn CV C # ?. C C- M LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215 942-9690 BANK OF AMERICA, N.A. VS. KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-5854 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN 4592 MANOR DRIVE MECHANICSBURG, PA 17055 Your house (real estate) at 106 LANCASTER BOULEVARD MECHANICSBURG PA 17055, is scheduled to be sold at Sheriff s Sale on MARCH 4, 2009 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $42,888.89, obtained by BANK OF AMERICA, N.A., against you. 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) 942-9690. 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) 942-9690. 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 Gregory Javardian, Esquire at (215) 942-9690. 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. 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or piece of land situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Lancaster Boulevard, which point is one hundred seventy-one and two one hundredths (171.02) feet north of the northwestern corner of the intersection of Lancaster Boulevard with Stuart Drive and which point is at the line dividing Lots Nos. 12 and 13, Block "J" on the hereinafter mentioned Plan of Lots; thence along said dividing line South forty-five (45) degrees twenty-two (22) minutes West, one hundred seven and sixty-four one- hundredths (107.64) feet to a point; thence North forty-four (44) degrees twenty-nine (29) minutes West seventy-five (75) feet to a point; thence North forty-five (45) degrees twenty-two (22) minutes East one hundred seven and forty-four (107.44) feet to a point on the western line of Lancaster Boulevard; thence along the same South forty-four (44) degrees thirty-eight (38) minutes East seventy-five (75) feet to the place of beginning. BEING Lot No. 12, Block "J" on Plan No. 6B of Windsor Park as recorded in the Cumberland County Recorder's Office in Re-subdivision Plan Book 1, Page 22. BEING known as 106 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 BEING THE SAME PREMISES which Martha C. Buser, widow, by Charles G. Buser, III, her attorney-in-fact, and Charles G. Buser, III, by Deed dated October 16, 2006 and recorded October 19, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 277, Page 970, granted and conveyed unto Kenneth E. Brown, III, adult individual. PARCEL No. 13-23-0561-025 SUBJECT TO MORTGAGE WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5854 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., Plaintiff (s) From KENNETH E. BROWN, III a/k/a KENNETH E. BROWN (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 $42,888.89 L.L. $.50 Interest from 11/10/08 to Date of Sale @ $7.05 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $213.00 Plaintiff Paid Date: 11/24/08 (Seal) Other Costs to be added urtis R. Lon , *onotaryl By: Deputy REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 Bank of America In The Court of Common Pleas of VS Cumberland County, Pennsylvania Kenneth E. Brown, III a/k/a Writ No. 2008-5854 Civil Term Kenneth E. Brown R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Gregory Javardian. Sheriff s Costs: Docketing 30.00 Poundage 2.21 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 12.60 Levy 15.00 Surcharge 20.00 Share of Bills 15.52 $112.83 So Answers• .? R. Thomas Kline, Sheriff BY Jo4SWd-A%,,, Real Estate Sergeant 21a5/oq C??. >-- 4; Cr) .T r 77 u1i ttt LU __j Er LU m LAJ LA- tL f ? Cm C 7 BANK OF AMERICA, N.A. VS. KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-5854 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 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 106 LANCASTER BOULEVARD 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, A/K/A KENNETH E. BROWN 4592 MANOR DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: KENNETH E. BROWN, III, A/K/A 4592 MANOR DRIVE KENNETH E. BROWN MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 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) Plaintiff. Bank of America, NA 1201 Main Street, 7`h Floor Dallas, TX 76202 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) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 . 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) Tenants/Occupants 106 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. Z?? xiw-?- . IttAN, ESQUIRE orney fo aintiff November 21, 2008 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 BANK OF AMERICA, N.A. VS. KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-5854 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KENNETH E. BROWN, III, A/K/A KENNETH E. BROWN 4592 MANOR DRIVE MECHANICSBURG, PA 17055 Your house (real estate) at 106 LANCASTER BOULEVARD, MECHANICSBURQ P? 17055. is scheduled to be sold at Sheriffs Sale on MARCH 4, 2009 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $42,888.89, obtained by BANK OF AMERICA, N.A., against you. 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: 21 52 942-%90. 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.) ALL THAT CERTAIN lot or piece of land situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Lancaster Boulevard, which point is one hundred seventy-one and two one hundredths (171.02) feet north of the northwestern comer of the intersection of Lancaster Boulevard with Stuart Drive and which point is at the line dividing Lots Nos. 12 and 13, Block "J" on the hereinafter mentioned Plan of Lots; thence along said dividing line South forty-five (45) degrees twenty-two (22) minutes West, one hundred seven and sixty-four one- hundredths (107.64) feet to a point; thence North forty-four (44) degrees twenty-nine (29) minutes West seventy-five (75) feet to a point; thence North forty-five (45) degrees twenty-two (22) minutes East one hundred seven and forty-four (107.44) feet to a point on the western line of Lancaster Boulevard; thence along the same South forty-four (44) degrees thirty-eight (38) minutes East seventy-five (75) feet to the place of beginning. BEING Lot No. 12, Block "J" on Plan No. 6B of Windsor Park as recorded in the Cumberland County Recorder's Office in Re-subdivision Plan Book 1, Page 22. BEING known as 106 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 BEING THE SAME PREMISES which Martha C. Buser, widow, by Charles G. Buser, III', her attorney-in-fact, and Charles G. Buser, III, by Deed dated October 16, 2006 and recorded October 19, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 277, Page 970, granted and conveyed unto Kenneth E. Brown, III, adult individual. PARCEL No. 13-23-0561-025 SUBJECT TO MORTGAGE WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYI;VANIA) COUNTY OF CUMBERLAND) NO 08-5854 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., Plaintiff (s) From KENNETH E. BROWN, III a/k/a KENNETH E. BROWN (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 $42,888.89 L.L. $.50 Interest from 11/10/08 to Date of Sale @ $7.05 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $213.00 Plaintiff Paid Date: 11/24/08 (Seal) Other Costs to be added ur is R. rotho tary By: Deputy REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone : 215-942-9690 Supreme Court ID No. 55669 Real Estate Sale #58 On December 15, 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 106 Lancaster Blvd., Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference C*ra incorporated herein. Date: December 15, 2008 By: i cob-, svwx(?-V Real Estate Sergeant S£.8dSZAON8001 bd `AINf I?j 3J'183HS 3Hl ?0 -IJI?Ao t F t?; i l Phi '': Fr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage, LLC, s/i/i to GMAC Mortgage Corporation 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. : Court of Common Pleas : Civil Division : Cumberland County : No. Civil 08-6854 Edward J. McNeal 144 South Enola Drive Enola, PA 17025-2711 Defendant RULE RETURNABLE AND NOW, this /1'0 day of lnaec ? , 2011, a Rule is entered upon the Defendants, to show cause why an Order should not be entered granting Plaintiff's Motion to Vacate Order dated October 16, 2009 and withdraw Plaintiff's Motion for Summary Judgment. Z-o dOiyd o f q.. S'400 i'•'. . Rule Returnable on-the. Any of 1014-t --?_-itt the G'_`°'' e4md County .ourt ouse, Car is e, PA. BY THEeOURT: Viek 5irivas-b)A, Edward J. Me-NeoJl deff J. Copes 3 rr'tr #191454 LAW OFFICES OF GREGORY JAVARDIAN ; „O??? ri . GREGORY JAVARDIAN, ESQUIRE ID No. 55669 MARY F. KENNEDY, ESQUIRE ID No. 77149 zU, 26 MEGHAN K. BOYLE ESQUIRE ID No. 201661 SEAN P. MAYS, 13 0 INDUSTRIAL BOULEVId No. ARD 07518 ?"F- "S YLVA NI A i 1 S"I FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF Bank of America, N.A. Court Of Common Pleas Plaintiff Civil Division vs. Cumberland County Kenneth E. Brown, III a/k/a Kenneth E. Brown No. 08-5854 Defendant PRAECIPE TO VACATE JUDGMENT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly VACATE, without prejudice, the default judgment filed in the instant action on November 12, 2008. Date: 3/20/12 P/Gre ory Javard, Esquire ID No. 55669 ?Mary F. Kennedy, Esquire ID No. 77149 OMeghan K. Boyle, Esquire ID No. 201661 ? Sean P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff al? CAF} 331 & ,e c47 a-2 9 ?7a LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN, ESQUIRE ID No. 55669 MARY F. KENNEDY, ESQUIRE ID No. 77149 MEGHAN K. BOYLE, ESQUIRE ID No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ? t IL ??fla?i ? ?KF t(JTLA,i`, "U, iiSRLAND COUNT', PENNSYLVANIA ATTORNEY FOR PLAINTIFF Bank of America, N.A. Plaintiff Court Of Common Pleas Civil Division vs. Kenneth E. Brown, III a/k/a Kenneth E. Brown Cumberland County No. 08-5854 Defendant PRAECIPE TO DISMISS COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly DISMISS, without prejudice, the Complaint in Mortgage Foreclosure filed in the instant action on October 2, 2008. Date: 3/20/12 ?'Gregory Javardian squire ID No. 55669 ?Mary F. Kennedy, Esquire ID No. 77149 ?Meghan K. Boyle, Esquire ID No. 201661 ? Sean P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff