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HomeMy WebLinkAbout09-3176D. Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 05-3/ 7 cN`? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 206122 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 V. Plaintiff KENNETH A. BROWNAWELL, JR. VICKI L. BLACK BROWNAWELL 2 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1036 -le,ra? File #: 206122 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 (717) 249-3166 File #: 206122 Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH A. BROWNAWELL, JR. VICKI L. BLACK BROWNAWELL 2 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1036 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/21/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1870, Page 2432. The 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01 /01 /2009 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 #: 206122 6 The following amounts are due on the mortgage: Principal Balance $121,300.14 Interest $3,396.96 12/01/2008 through 05/17/2009 (Per Diem $20.22) Attorney's Fees $1,325.00 Cumulative Late Charges $156.76 06/21/2004 to 05/17/2009 Property Inspections $10.35 Cost of Suit and Title Search 750.00 Subtotal $126,939.21 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $126,939.21 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 personam 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 #: 206122 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $126,939.21, together with interest from 05/17/2009 at the rate of $20.22 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. PHEL HALLINAN & SCHMIEG, LLP By: La e c . Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire /Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 206122 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNING at a point on southern dedicated right-of-way of Yankee Drive at corner of Lot No. 42; thence along Lot No. 42 South 19 degrees 32 minutes 29 seconds East 107.13 feet to a point; thence along Lot No. 40, South 70 degrees 27 minutes 31 seconds West 127.57 feet to a point in western dedicated right of way line of Independence Drive by a curve to the left having a radius of 410.30 feet, an arc distance of 19.04 feet to a point; thence continuing by a curve to the right, creating the intersection of Independence Drive with the southern dedicated right of way line of Yankee Drive, having a radius of 25.00 feet, an arc distance of 38.73 feet to a point; thence still along Yankee Drive, North 45 degrees 27 minutes 10 seconds West 126.16 feet to a point; thence along Yankee Drive by a curve to the right having a radius of 136.02 feet, an arc distance of 8.85 feet to a point, the place of BEGINNING. CONTAINING 0.2338 acre and designated as Lot No. 41 on Plan of Liberty Woods. PARCEL 23-35-2316-093 PROPERTY BEING: 2 YANKEE DRIVE File #: 206122 VERIFICATION The undersigned attorney hereby states that I am the attorney for the 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: Q File #: 206122 U O rVOTORY 2169 MA AN III j a?Y vo-) S'71 !2_ 1573.0 Sheriffs Office of Cumberland County R Thomas Kline ? er Cer?bl't Edward L Scnorpp Sheri S.° Solicitor Ronny R Anderson u Jody S Smith Chief Deputy OFF= OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/20/2009 07:50 P% Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2009 at 50 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within n med defendant, to wit: Kenneth A. Brownawell, Jr., by making known unto himself personally, defends t at 2 Yankee Drive Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at t e same time handing to him personally the said true and correct copy of the same. 05/22/2009 07:50 P -teve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2009 at 95S0 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within n med defendant, to wit: Vicki L. Black Brownawell, by making known unto Kenneth Brownawell, adult in harge at 2 Yankee Drive Mount Holly Springs, Cumberland County, Pennsylvania 17065 its content and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $58 40 May 26, 2009 2009-3176 Bank v Kenneth Arownawell, Jr. SO ANS , R THOMAS KLINE, SHERIFF y Sheritt c:: 7-? ;3? r? ?FrJ r ? C n _y cn 0 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK VS. CUMBERLAND COUNTY COURT OF COMMON PLEAS KENNETH A. BROWNAWELL, JR VICKI L. BLACK BROWNAWELL CIVIL DIVISION : No. 09-3176-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KENNETH A. BROWNAWELL, JR, and VICKI L. BLACK BROWNAWELL, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $126,939.21 Interest - 05/18/2009 to 06/26/2009 $808.80 TOTAL $127,748.01 I hereby certify that (1) the Defendants' last known address is 2 YANKEE DRIVE„ MOUNT HOLLY SPRINGS, PA 17065-1036, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence T. Phel V,Es ire F rancis S. Hallinare Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire _--- eetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 206122 PROTHONOTARY SOVEREIGN BANK V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-3176-CIVIL KENNETH A. BROWNAWELL, JR CUMBERLAND COUNTY VICKI L. BLACK BROWNAWELL Defendant(s) TO: KENNETH A. BROWNAWELL, JR 2 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1036 DATE OF NOTICE: June 12, 2009 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 AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 206122 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, Esq., d. o. 32227 Francis S. Hallinan, Esq., I o. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 __-Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 206122 SOVEREIGN BANK V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-3176-CIVIL KENNETH A. BROWNAWELL, JR CUMBERLAND COUNTY VICKI L. BLACK BROWNAWELL Defendant(s) TO: VICKI L. BLACK BROWNAWELL 2 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1036 DATE OF NOTICE: June 12, 2009 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 AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 206122 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. Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 ? A By: Lawrence T. Phelan, A?qjd. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ,.--Sh6etal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 206122 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK VS. KENNETH A. BROWNAWELL, JR VICKI L. BLACK BROWNAWELL Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-3176-CIVIL VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KENNETH A. BROWNAWELL, JR is over 18 years of age and resides at 2 YANKEE DRIVE„ MOUNT HOLLY SPRINGS, PA 17065-1036. (c) that defendant VICKI L. BLACK BROWNAWELL is over 18 years of age and resides at 2 YANKEE DRIVE„ MOUNT HOLLY SPRINGS, PA 17065-1036. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. awrence T. Phel , E uire Francis S. Hallin uire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire With T. Romano, Esquire __?.heetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff OF THE PIR TI`? iNQTAPY 2009 JUN 29 PM 12: 53 s 1q. ob p t a,? j ck Y-- S?,Xfxq?- A : ?, )-'7 3 V?- t????; s "' aiie. (Rule of Civil Procedure No. 236) - Revised SOVEREIGN BANK : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS KENNETH A. BROWNAWELL, JR VICKI L. BLACK BROWNAWELL CIVIL DIVISION 2 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065- No. 09-3176-CIVIL 1036 you on Notice is given that a Judgment in the above captioned matter has been entered against (o-ay-'0'? By: If you have any questions concerning this Lawrence T. Phelan,-Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ,---5'ffieetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ~'" ~ ~- ~ ~- Sheriff _ , .... :~~ .~ ~~~;' ~C", ~'h~r, Jody S Smith ~'°~ ~"~ ~u ~ :~ ~i I = c.. _ . Chief Deputy ~ `" ` ~ ~ Edward L Schorpp ' ~ _ - ~:_ Sovereign Bank Case Number vs. Kenneth A. Brownawell, Jr. (et al.) 2009-3176 SHERIFF'S RETURN OF SERVICE 09/30/2009 06:27 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 09-30-09 at 1817 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 A. Brownawell, Jr. and Vicki L. Black Brownawell, located at, 2 Yankee Drive, Mount Holly Springs, Cumberland County, Pennsylvania according to law. 10/01/2009 01:20 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-01-09 at 1315 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: Vicki L. Black Brownawell, by making known unto Vicki L. Black, Brownawell, personally, at, 2 Yankee Drive, Mount Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/01/2009 01:20 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-01-09 at 1315 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 A. Brownawell, Jr., by making known unto, Vicki L. Black Brownawell, adult in charge, at, 2 Yankee Drive, Mount Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/08/2009 Property sale postponed to 2/3/2010. 02/01/2010 Property sale postponed to 4/7/2010. 04/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4/6/10 SHERIFF COST: $684.91 SO ANSWERS, "a "`~---~-- April 06, 2010 RON R ANDERSON, SHERIFF ~2. so~d~ S . SOVEREIGN BANK '~ ' Plaintiff, v. KENNETH A. BROWNAWELL, JR. VICKI L. BLACK BROWNAWELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3176-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1036 . 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) KENNETH A. BROWNAWELL, JR. VICKI L. BLACK BROWNAWF,LL 2 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065-1036 2 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065-1036 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 Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name JP Morgan Chase Bank, NA JP Morgan Chase Bank, NA C/o Chase Home Finance, LLC Address (if address cannot be reasonably ascertained, please indicate) 1111 Polaris Parkway Columbus, OH 43240 3415 Vision Drive P.O. Box 24696 Columbus, OH 43219-6009 5. Name and address of every other person who has any record lien on the property: Name 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 Address (if address cannot be reasonably ascertained, please indicate) None or~;n~1 Co~ 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 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 Address (if address cannot be reasonably ascertained, please indicate) 2 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065-1036 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6"' Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h 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.A. § 4904 relating to unsworn falsification to authorities. Au ust 2009 DATE ^ Lawrence T. Phelan, E d. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 tal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 SOVEREIGN BANK CUMBERLAND COUNTY Plaintiff, v. No.09-3176-CIVIL KENNETH A. BROWNAWELL, JR. VICKI L. BLACK BROWNAWELL Defendant(s). August 2,~, 2009 TO: KENNETH A. BROWNAWELL, JR. VICKI L. BLACK BROWNAWELL 2 YANKEE DRIVE MOUNT HOLLY SPRINGS, PA 17065-1036 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 2 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065- 1036, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $127,748.01 obtained by SOVEREIGN BANK (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. 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 LEGAL DESCRIPTION All That Certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989, and recorded in Plan Book 64, Page 90, as follows: Beginning at a point on southern dedicated right-of--way of Yankee Drive at corner of Lot No. 42; thence along Lot No. 42 South 19 degrees 32 minutes 29 seconds East 107.13 feet to a point; thence along Lot No. 40, South 70 degrees 27 minutes 31 seconds West 127.57 feet to a point in western dedicated right of way line of Independence Drive; thence along said dedicated right of way of Independence Drive by a curve to the left having a radius of 410.30 feet, an arc distance of 19.04 feet to a point; thence continuing by a curve to the right, creating the intersection of Independence Drive with the southern dedicated right of way line of Yankee Drive, having a radius of 25.00 feet, an arc distance of 38.73 feet to a point; thence still along Yankee Drive North 45 degrees 27 minutes 10 seconds West 126.16 feet to a point; thence along Yankee Drive by a curve to the right having a radius of 136.02 feet, an arc distance of 8.85 feet to a point, the place of BEGINNING. Containing 0.2338 acre and designated as Lot No. 41 on Plan of Liberty Woods. Under and subject to plans and restrictions of record. TITLE TO SAID PREMISES IS VESTED IN Kenneth A. Brownawell, Jr. and Vicki L. Black Brownawell, h/w, by Deed from Mary K. Cook, single person, dated 06/21/2004, recorded 06/21/2004 in Book 263, Page 3294. PREMISES BEING: 2 YANKEE DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1036 PARCEL NO. 23-35-2316-093 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-3176 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK Plaintiff (s) From KENNETH A. BROWNAWELL, JR. AND VICKI L. BLACK BROWNAWELL (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$127,748.01 L.L.$.50 Interest FROM 6/27/2009 - 12/9/2009 (PER DIEM - $21.00) - $3,486.00 Atty's Comm Atty Paid $177.40 Plaintiff Paid Due Prothy $2.00 Other Costs Date: August 25, 2009 (Seal) F ... Curtis R. Long, Prat ~ri tary,,. By: Deputy REQUESTING PARTY: Name SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINITFF Telephone: (2l5) 563-7000 Supreme Court ID No. 81760 Real Estate Sale # On September 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Mount Holly Springs, Cumberland County, PA Known and numbered as 2 Yankee Drive, Mount Holly Springs, more fully described on Exhibit "A" filed~~with this writ and by this reference incorporated herein. Date: September 15, 2009 By: Real Estate Coordinator r~ ~ ,~'~~ ~~' ~ ~~ ~ w. , , ,~ ~ t.._ ~a ~~5?~~ 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 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. writ xo. 20 90 713 713 6 Civil Coyne, Sovereign Bank ~S. Kenneth A. Brownawell Jr SWORN TO AND SUBSCRI ED before me this , . Vicki L. Black Brownawell 6 da of November 200 ~. Atty: Daniel Schmieg 09 3176-CIVIL, SOVEREIGN BANK ~ ~ "~~ vs. KENNETH A. BROWNAWELL, JR. Notary and VICKI L. BLACK BROWNAWELL, owners of property situate in the MOUNT HOLLY SPRINGS BOR- OUGH, Cumberland County, Penn- Sylvania, being 2 YANKEE DRIVE ~~.~.~,® NOTARIAL SEAL , MOUNT HOLLY SPRINGS, PA 17065- 1036. DEBORAH A COLLINS Parcel No. 23-35-2316-093. Improvements thereon: RESIDEN- Notary Public CARLISLE BORO, CUMBERLAND COUNTY TIAL DWELLING. My Commission Expires Apr 28, 2010 The Patriot-News Co. 812 Market St. , Harrisburg, Pi417101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he~lahiot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 Writ No. 2009-3176 Civil Tsrm Sovsrelgn Bank 10/30/09 Ve Kenneth A. Brownawell, Jr. Vlckl L. Black Brownawell Atty: Daniel Schmleg By virtue of a Writ of Execution No. 09-3176- 11/06/09 `-" '' f • ;, ~` ~ • `•' `-r - - ~ I{!L~ ~~~~. ~ - .... - CIVIl. SOVF,REIGN BANK vs 'worn to and s ,bscribed before me his X d N b 2009 . KENNETH A. BROWNAWELL, JR. and , y ovem er, A.D. ~ VICKI L. BLACK BROWNAWELL r;- / ,. ' owner(s) of property situate in the MOUNT l d m r / ~ ~ L~' ~ w~'+ ~ L ~ ~ an ber HOLLY SPRINGS BGROUGH, Cu 4,_ County, Pennsylvania, being Notary Public ~''-~____ (Municipality) 2 YANKEE DRIVE; MOUNT HOLLY SPRINGS, PA 17065-1036 Parcel No. 23-35- 2316-093 (Acreage or street address) RESIDENTIAL h COA1?ANCNt/VF'F,L TH C1F PENNSYLVANI ereon: Improvements t DWELLING ,~ ~at~rialSsal . 'rya+, ~ t inner, Notary Public f s~~~ ~t'r!-~rn i`.`;~C+~~~J, Dauphin County ~. ' - ~' Expires Nov. 26, 2011 ~ Men~bar, Per?r.~y„ i „n a,r,.,sociat;on of ~JOtri-s