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Home My WebLink About11-9238 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILE: -OFf+ I CE. Sheriff f F THE PROTHONOTARY Jody S Smith 2012 JAN -6 AM 8: 49 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Bank of America, NA Case Number vS. Kenneth E. Brown, III 2011-9238 SHERIFF'S RETURN OF SERVICE 12/19/2011 05:40 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December, 19, 2011 at 1740 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kenneth E. Brown III, by making known unto Amber Tankersley, current occupant of 106 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DEPUTY SHERIFF COST: $38.00 January 03, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF C .u" v to, ?-E,: tf 7 .;il. Inc. 10 1110 Til. F? Phelan Hallinan & Schmieg, LLP John M. Kolesnik, Esq., Id. No. 30 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. Plaintiff h7 1713 A111 11: 687.x.•" n l3-RLANO COURIItORNEY FOR PLAINTIFF fl!NSYLVA NIA COURT OF COMMON PLEAS CIVIL DIVISION VS. CUMBERLAND COUNTY KENNETH E. BROWN, III No. 11-9238-CIVIL-TERM Defendant PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. & SCHMIEG, LLP By: ;efin M. Kolesnik, Esq., Id. No. 308877 Attorneys for Plaintiff Date: April 10, 2012 /kpl, Svc Dept. File# 270943 Q??11.7S?d 96/ PHELAN HALLINAN & SCHMIEG, LLP j'r°t'?D1J?A } John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Ut?iB Rl. AND 215-563-7000 BANK OF AMERICA, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. KENNETH E. BROWN, III Defendant CUMBERLAND COUNTY No. 11-9238-CIVIL-TERM I'Re CI 'E TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLORM TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: May 21, 2012 /mig, Svc Dept. File# 270943 PHELAN UALLINAN & SCHMIEG, LLP By: rlz?1?17 John . esnik, Esq., Id. No. 308877 rnev for Plaintiff ? ? 11.15 (ki a? ?` ? . 11091.710 I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f Sheriff Jody S Smith Chief Deputy £ ' Richard W Stewart CUMBERLAND ?? E Foaf=? COUNT Solicitor PENNSYLJAO IA ? Bank of America, NA Case Numbe vs. Kenneth E. Brown, III 2011-9238 SHERIFF'S RETURN OF SERVICE 07/05/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent se rc and inquiry for the within named defendant to wit: Kenneth E. Brown, III, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to th defendant Kenneth E. Brown, Ill. Request for service at 106 Lancaster Boulevard, Mechanicsburg, Pennsylvania 17055 is vacant. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for the Defendant. SHERIFF COST: $43.00 July 05, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF 1C',i- 5LIto'6-e f T ...,o't I.,c SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~' ~L~~_CI.. ~~C. Sheriff ~'~~ ~~1~ ~~C~!'~CI~C-~r^~n~' ~~~„~r ai ~canbr~~~~~ Body s smith ~, ~._ y 212 t~~Y -9 dM 8~ 3~ Chief Deputy ~ .~ t r°; Richard w Stewart ~' CUMBERl.ANC COtlN~'Y Solicitor ~Fr'c~ "r T"E ~"~"~'€~ P ~ NN S Y LWAl1€ A Bank of America, NA Case Number vs. 2011-923$ Kenneth E. Brown, III SHERIFF'S RETURN OF SERVICE 11/07/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kenneth E. Brown, III, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 1199 Cross Creek Drive, Hampden Township, Mechanicsburg, PA 17050. Deputies were advised by current owner, Chris Ziclonis that the defendant has never resided at this address nor has he ever received mail at this address. SHERIFF COST: $63.00 November 07, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF jcl ~ountySuite Shan(f; Tel~aseft, Inc. Phelan Hallinan,LLP AVPMS FOR PLAINTIFF Jonathan Lobb,Esq.,Id.No.312174 20113 MAR 21 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 'U M sBE RL AND COUNTY Philadelphia,PA 19103 PENNSYLVANIA 215-563-7000 BANK OF AMERICA,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY KENNETH E.BROWN,III No. 11-9238-CIVIL-TERM Defendant(s) AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated February 11,2013 as indicated below: By publication as provided by Pa.R.C.P.Rule 430(bxl)in Cumberkad Law Journal on March 1. 2013 and THE SENTINELon February 23.2013. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Phelan Hallinan,LLP DATE:March 19.2013 42& Z� f an Hallinan,LLP than Lobb,Esq.,Id.No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PHS#270943 KNM 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 March 1, 2013 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. Ci a Marie Coyne, F,8itor SWORN TO AND SUBSCRIBED before me this 1 day of March.2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN property or other rights important MORTGAGE FORECLOSURE to you. YOU SHOULD TAKE THIS NO- In the Court of Common Pleas of TICE TO YOUR LAWYER AT ONCE. Cumberland County,Pennsylvania IF YOU DO NOT HAVE A LAWYER, Civil Action—Law GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE No. 11-9238-CIVIL-TERM CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. BANK OF AMERICA,N.A. IF YOU CANNOT AFFORD TO Plaintiff HIRE A LAWYER,THIS OFFICE MAY vs. BE ABLE TO PROVIDE YOU WITH KENNETH E.BROWN,III INFORMATION ABOUT AGENCIES Defendant THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- NOTICE DUCED FEE OR NO FEE. CUMBERLAND COUNTY To:KENNETH E. BROWN,III ATTORNEY REFERRAL You are hereby notified that on CUMBERLAND COUNTY December 14, 2011, Plaintiff,BANK BAR ASSOCIATION OF AMERICA,N.A.,filed a Mortgage Cumberland County Courthouse Foreclosure Complaint endorsed with 32 S. Bedford St. a Notice to Defend,against you in the Carlisle,PA 17013 Court of Common Pleas of CUMBER- (717)249-3166 LAND County, Pennsylvania, dock- (800)990-9108 eted to No. 11-9238-CIVIL-TERM. Mar. 1 Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 106 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055-3506 whereupon your Property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court.You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or 11 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox,Sales Director,of The Sentinel,of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL,a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County,and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 23,2013 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the i aforesaid notice or advertisement, and that ,7t, 4 all allegations in the foregoing statement as to time,place and character of publication are e. A , i - Sworn to d subscrib d efore me this Z - 0—&— VbW2b13 Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY (,Ay Commission Expires Jan 27, 2014 NOTICE OF ACTION IN NDRTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OFCUMSERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW BANK OF AMERICA,N.A. Plaintiff COURT OF COMMON PLEAS Vs. CIVIL DIVISION KENNETH E.BROWN,III CUMBERLAND COUNTY Defendant No.11-9238-CIVIL-TERM NOVICE 10 KENNETH E.BROWN,III rou are hereby notified that on December 14,2011,Plainiff,BANK OF AMERICA,N.A.,filed a Mortgage Foreclosure Pennsylvania,docketed to No.11-9238-CIVIL-TERM.3 Vherein Plaintiff seeks rto foreclose on ntthegmortgage eculred on your property located at 106 LANCASTER BOULEVARD,MECHANICSBURG,PA 17055-3506 whereupon your Property would be sold by the Sherifi of CUMBERLANDCounty. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this Publication or a Judgment will be entered against you. NOVICE You wish to defend,you must enter a written appearance lersonally or by attorney and file your defenses or objections, in writing with the court.You are warned that if you fail tc do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff.You may lose money or YOU SH[O]ULD TAKE THIS important OTICE TO YOUR LAWYER aT ONCE.IF YOU DO NOT HAVE A LAWYER,GO TO :) TELEPHONE THE OFFICE SET FORTH BELOW.THI;OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 COUNTti ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 717-249-3166 800-990-9108 AFFIDAVIT OF- ERTICE-CUMBERLAND KNM PLAINTIFF COUNTY: CUMBERLAND BANK OF AMERICA,N.A. COURT NO. 11-9238-CIVIL-TERM DEFEND KENNETH E.BROWN,III TYPE OF ACTION XX Mortgage Foreclosure SERVE IQ&MffTH Er BROWN.III AT: Eviction 106 LANCASTER BOULEVARD,MECHANICSBURG, XX Civil Action PA 17055-3506 Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Posted and made known KENNETH E,BROWN,III,Defendant on the day of 20 at i-*070 o'clock, P.M.,at 106 LANCASTER BOULEVARD,MECHANICM ,PA 17055-3506,in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is_ Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. Other: S . Description: Age Height Weight Race_ Sex Other 1, ,a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this statement is made subject to the penalties of 18 Pa.C.S.See.4904 rclatmgW?n%vqfh falsification to authorities. DATE: ��—+—� NAME: PRINTED NAME: au TITLE: -(�e6--ve, c ' NOT SERVED ► �" On the day of ,20_,at o'clock_,M.,Defendant NOT FOUND because: h "Ot." Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant) ca C3 _No Answer on at Service Refused p'C 3 Other: f W �' C PHS:270943 PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS KENNETH E. BROWN, III CIVIL DIVISION No. 11-9238-CIVIL-TERM u s x::o ::�o Cn - r-- r-i -<L> Q� PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES > n TO THE PROTHONOTARY: -< ' Kindly enter judgment in favor of the Plaintiff and against KENNETH E. BROWN,III, Defendant 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 $143,935.66 TOTAL $143,935.66 I hereby certify that(1) the Defendant's last known addresses are 106 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055-3506 and PO BOX 940897, MAITLAND, FL 32794-0897, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Z I3 J than Lobb, Esq., Id. No.312174 ttorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS#270943 PROTHONOTARY ��cs'/ 270943 .284/ PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.3.12174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS KENNETH E. BROWN,III CIVIL DIVISION No. 11-9238-CIVIL-TERM AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the 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 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) that defendant KENNETH E. BROWN, III is over 18 years of age and last known addresses are 106 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055-3506 and PO BOX 940897, MAITLAND, FL 32794-0897. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date J than Lobb, Esq., Id. No.312174 Attorney for Plaintiff 270943 Department of Defense Manpower Data Center Results as of:Apr-'2-2013,2:26:0, SCRA 3.0 Pursuant to S,ervicemcmbers Civil Relief Act Last Name: BROWN First Name: KENNETH Middle Name: E Active Duty Status As Of: Apr-12-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Slat us - Service Component NA NA - "No NA This response reflects the indrvidual5 active Evyslatu's based onihe Active Duty.Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA NA This response reflects where the individual left active duty statuswithin days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Statu's Service Component NA `NA .`No NA This response reflects whether the individual or.his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data-Centerjbased on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Full YA- Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 BANK OF AMERICA,N.A. COURT OF COMMON PLEAS Plaintiff V, CIVIL DIVISION KENNI.,,T'H E.BROWN,III Defendant(s) NO. 1.1-9238-CIVIL-TERM CUMBERLAND COUNTY TO: KENNETH E.BROWN,III 106 LANCASTER.BOULEVARD M E CH A N ICS-B(JI G x PA 17155-3506 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMP'T'ING TO COLI...ECT A DEBT. THIS NOTICE IS SEN'I` TO YOU IN AN ATTEMPT" TO COLLE,,CT THE INDEBTEDNESS REFERRED TO HERE'lN,'AND ANY INFORMATION OBTAINED FROM YOU WILL,BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONTI)ENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLE.CTA DEBT. BUT ONT.,Y AS ENFORCEMENT OF LIEN AGAINST PROPERTY. INIPORTANT,NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII.1,T) TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BYA'rroRNl-,-y.' AND Fil-F, IN WRITING WITH THE COUR'I` YOUR DEFENSES OR OBJECTIONS'l'O THE CLAIMS SET FOWI'H AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NO110E,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. IF YOU CANNOT AFFORD TO HIRE A LAWYER., THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT'AGENCIES THAT MAY OFFER.L1.-,GAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUJMBERLAND 'COU NTY COURTHOUSE Carlisle,PA 1'-117013 2 LIBERJ Y AVENUE 240-6195 CARLIS.I.J.-,PA 17013 717)2,49-3166 jil, if Kol -,,ki'Esq.,Id.No.200392 Pl clan Hallinan-1-IT 161.7 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS 4 270943 BANK OF AMERICA,N.A. COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION KENNETH E. BROWN,11.1 Defendant(s) NO. 11-923S.-CIVIL.-TERM CUMBERLAND COUNTY TO: KENNETH E.BROWN,III PO BOX 940897 MAITLAND,FL 11-794)-08"113 DATE OF NOTICE: THIS FIRM IS A DEBT COL1,1-ECTOR A17FEMPTING TO COLLE(7l'ADEBT. THIS NOTICE IS SENT. '1'O YOU IN AN ATTEMP'l—I'O 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, T THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTR I':ED TO BE AN ATTEiviPT TO COI.,LECTA DEBT, BUT' ONLY AS EINFORCEMEN717OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOIJ HAVE FAILED 110 ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE-COUTRT YOUR DEFENSES OR OBJECTIONS TO THE CLAWIS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAl-NfST YOU WITHOUTT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. THIS PAPER TO YOUR I.AWYER. . YOU SHOU11-1) FAKE 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 ABOI.J'I'AGENCIES '.I*'.RA'I':MAY OFFER LEGAL SERVICES TO E11GIBLE PERSONS AT A REDUCED Fl-.U-.:OR NO J`EE. Office of the Prothonotary CUMBERLAND COUNTY BAR CUrribet-land County Cotaitiouse ASSOCIATION I Courthouse Square CUMBERI-AND COUNTY COURTHOUSE Carlisle,PA 1701.3 2 LIBERTY AVENUE ('1117)240-6195 CARLISLE,,PA 1701.3 .717)249-3166 By: ju," 0 % Kobe%d , Esq.,Id.No.200392 Alwrt �yforPlaintiff Phelan 1-1allinan,LLP 1617 JFK Boulevard,Suite 1,400 One Perin Center Plaza Philadelphia,PA 19103 P1 IS i4 270943 (Rule of Civil Procedure No. 236) -Revised BANK OF AMERICA,N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS KENNETH E.BROWN,III CIVIL DIVISION No. 11-9238-CIVIL-TERM Notice is given that a Judgment in the above captioned matter has been entered against you on By: A If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 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 ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 270943 'Y Phelan Hallinan,LLP Attorney For Plaintiff r- Q r 1617 JFK Boulevard,Suite 1400 = One Penn Center Plaza M M =M r-nn Philadelphia,PA 19103 -am 215-563-7000 tn o n° r—co BANK OF AMERICA,N.A. Court of Common Pleas C-) Plaintiff c 5 C:)P Civil Division vs z CUMBERLAND County KENNETH E.BROWN,III Defendant No. 11-9238-CIVI -TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute NATIONSTAR MORTGAGE, LLC as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: NATIONSTAR MORTGAGE, LLC is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment has been executed and sent for recording in CUMBERLAND County on or about 05/02/2013. Kindly amend the information on the docket IV-13 — By accor Date:� : Joh ichael Kolesnik,Esq., Id.No.308877 Attorney for Plaintiff PHS #270943 am4 k� 13b�3�b V4 aao-13o ti Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA,N.A. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County KENNETH E.BROWN,III Defendant No. 11-9238-CIVIL-TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of NATIONSTAR MORTGAGE,L C, located 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Date: PHELAN AN,LLP By: Joh ichael Kolesnik,Esq., Id.No.308877 Attorney for Plaintiff PHS #270943 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my:appearance on behalf of NATIONSTAR MORTGAGE, LLC. Date: _!yur PHEL INAN, LLP By: Jo' Michael Kolemik,Esq., Id.No.308877 Attorney for Plaintiff PHS # 270943 ` i ♦ i Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA,N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County KENNETH E. BROWN,III No. 11-9238-CIVIL-TERM Defendant v PHS#270943 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe to mark judgment to NATIONSTAR MORTGAGE, LLC and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: KENNETH E. BROWN,III 106 LANCASTER BOULEVARD MECHANICSBURG,PA 17055-3506 Date: .S PHELAN AN, LLP By: John ichael Kolemik,Esq., Id. No.308877 . Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 NATIONSTAR MORTGAGE,LLC Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION KENNETH E.BROWN,III NO.: 11-9238-CIVIL-TERM Defendant CUMBERLAND COUNTY To the Prothonotary: I Issue writ of execution in the above matter: Amount Due $143,935.66 Interest from 04/16/2013 to Date of Sale ($23.66 per diem) 13,359.7 2 TOTAL 147 295.38 Ph allinan,LLP J n Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff Note: Please attach description of property. PHS#270943 D A $bQ?. � 39. o o Cwt 94p, c • -y- -Z: �. —c �n N �. C z -� v l\ S a.as ve r� 30 1 _ IN THE COURT OF COMMON PLEAS OF { CUMBERLAND COUNTY,PENNSYLVANIA , NATIONSTAR MORTGAGE,LLC Plaintiff r, V. KENNETH E.BROWN,III Defendant PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: Phela allinan LLP KENNETH E.BROWN,III JohnAfichael Kolesnik,Esq.,Id.No.308877 106 LANCASTER BOULEVARD Attorney for Plaintiff MECHANICSBURG,PA 17055-3506 P.O.BOX 940897 _ MAITLAND,FL 32794 4" LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Township of Lower Allen,County of Cumberland and State 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 T 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 one-hundredths(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 point of BEGINNING. BEING Lot No. 1.2,Block T on Plan No.6B of Windsor Park as recorded in the Cumberland County Recorder's Office in Re-subdivision Plan Book 1,Page 22. TITLE TO SAID PREMISES VESTED IN Kenneth E.Brown,111,adult individual,by Deed from Martha C.Buser,widow,by Charles G.Buser,III and Charles G.Buser,III„dated 10/16/2006,recorded 10/19/2006 in Book 277,Page 970. PREMISES BEING: 106 LANCASTER BOULEVARD,MECHANICSBURG,PA 17055-3506 PARCEL NO. 13-23-0561-025 PHELAN HALLINAN, LLP Attorneys for Plaintiff E II.�C`i��F1�� , , Y John Michael Kolesnik,Esq., Id. No.308877 � PR- FFIC' Af�� 1 1617 JFK Boulevard, Suite 1400 OF One Penn Center Plaza 2013 MAY 20 AM 10' 211 Philadelphia, PA 19103 215-563-7000 CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-9238-CIVIL-TERM KENNETH E. BROWN,III Defendant CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197,41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P allinan,LLP hn Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff • NATIONSTAR MORTGAGE,LLC FILE--Pt-OFFICE COURT OF COMMON PLEAS Plaintiff OF flL l� PR0TijONOTAR)* CIVIL DIVISION V. 2013 MAY 20 AM 10: 25 NO.: 11-9238-CIVIL-TERM KENNETH E.BROWN,III CUMBERLAND COUNTY Defendant PENNSYLVANIA CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A.,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 106 LANCASTER BOULEVARD, MECHANICSBURG,PA 17055-3506. I Name and address of Owner(s)or reputed Owner(s): Name Address(jf address cannot be reasonably ascertained, please so indicate) KENNETH E.BROWN,111 106 LANCASTER BOULEVARD, MECHANICSBURG,PA 17055-3506 P.O.BOX 940897 MAITLAND,FL 32794 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) KENNETH E.BROWN,111 106 LANCASTER BOULEVARD MECHANICSBURG,PA 17055-3506 P.O.BOX 940897 MAITLAND,FL 32794 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) BANK OF AMERICA,N.A. NC 4-105.02-63 4161 PIEDMONT PARKWAY GREENSBORO,NC 27410-8110 BANK OF AMERICA,N.A. 1310 INDUSTRIAL BOULEVARD C/O GREGORY JAVARDIAN,ESQUIRE 1ST FLOOR,SUITE 101 SOUTHAMPTON,PA 18966 BB&T FINANCIAL FSB. 2420 COULTER DRIVE ROANOKE,VA 24012 BB&T FINANCIAL FSB. 407 N FRONT STREET C/O ROBERT D.KODAK,ESQUIRE PO BOX 11848 HARRISBURG,PA 17108-1848 ARROW FINANCIAL SERVICES,LLC. 5996 WEST TOUHY AVENUE NILES,IL 60714 PHS #270943 ,Z. ARROW FINANCIAL SERVICES,LLC. 4660 TRINDLE ROAD,SUITE 300 C/O AMY F.DOYLE,ESQUIRE CAMP HILL,PA 17011 BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG,PA 17128-0946 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 280948 DEPARTMENT OF REVENUE HARRISBURG,PA 17128 BUREAU OF COMPLIANCE 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) BANK OF AMERICA,N.A. 100 NORTH TRYON STREET CHARLOTTE,NC 28255 BANK OF AMERICA,N.A. 27 INWOOD ROAD C/O FISERV LENDING SOLUTIONS ROCKY HILL,CT 06067 ., 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) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND,PA 17070 LOWER ALLEN TOWNSHIP AUTHORITY 635 NORTH 12TH STREET C/O STEVEN P.MINER,ESQUIRE SUITE 101 LEMOYNE,PA 17043 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. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 106 LANCASTER BOULEVARD MECHANICSBURG,PA 17055-3506 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 PHS #270943 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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. Date: BY: PAO an Hallinan,LLP ohn Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff PHS #270943 F� NATIONSTAR MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : : CIVIL DIVISION Vs. NO.: 11-9238-CIVIL-TERM KENNETH E.BROWN,III Defendant CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY C- mco-� Mr= TO: KENNETH E.BROWN, III KENNETH E. BROWN,III .r-.I -c Imo' 106 LANCASTER BOULEVARD PO BOX 940897 -< ' o °�� M[ECHANICSBURG, PA 17055-3506 MAITLAND,FL 32794-0897 �C) r' C- o °,� "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMAT!9N 4-,,TAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPT6Y, 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 106 LANCASTER BOULEVARD,MECHANICSBURG,PA 17055-3506 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$143,935.66 obtained by BANK OF AMERICA,N.A. (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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 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 215-563-7000. 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. - 4 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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 CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 11-9238-CIVIL-TERM NATIONSTAR MORTGAGE, LLC V. KENNETH E.BROWN,III owner of property situate in the TOWNSHIP OF LOWER ALLEN, CUMBERLAND County, Pennsylvania, being 106 LANCASTER BOULEVARD,MECHANICSBURG, PA 17055-3506 Parcel No. 13-23-0561-025 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $143,935.66 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Township of Lower Allen,County of Cumberland and State 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'Y 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 one-hundredths(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 point of BEGINNING. BEING Lot No. 12,Block T on Plan No.6B of Windsor Park as recorded in the Cumberland County Recorder's Office in Re-subdivision Plan Book 1,Page 22. TITLE TO SAID PREMISES VESTED IN Kenneth E.Brown,111,adult individual,by Deed from Martha C.Buser,widow,by Charles G.Buser,111 and Charles G.Buser,III,,dated 10/16/2006,recorded 1.0/19/2006 in Book 277,Page 970. PREMISES BEING: 106 LANCASTER BOULEVARD,MECHANICSBURG,PA 17055-3506 PARCEL NO. 13-23-0561-025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-9238 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE,LLC.Plaintiff(s) From KENNETH E.BROWN,III (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $143,935.66 L.L.:$.50 Interest FROM 4/16/2013 TO DATE OF SALE($23.66 PER DIEM)-$3,359.72 Atty's Comm: Due Prothy: $2.25 Atty Paid: $349.25 Other Costs: Plaintiff Paid: Date: 5/20/13 David D.Buell,Protbonota (Seal). Deputy REQUESTING PARTY: Name:*JOHN MICHAEL KOLESNIK,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone; 215-563-7000 Supreme Court ID No.308877 OF THE PROTHONOTARY Phelan Hallinan,LLP Justin F. Kobeski, Esq., Id. No.J4dQJL 3 1 AN 10: 09 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 140hMBERLAND COUNTY One Penn Center Plaza PENNSYLVA141A Philadelphia, PA 19103 justin.kobeski@plielanhallinan.com 215-563-7000 BANK OF AMERICA,N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County KENNETH E. BROWN, III No.: 11-9238-CIVIL-TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff,by its Attorneys,Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I Plaintiff commenced this foreclosure action by filing a Complaint on December 14, 2011. 2. Judgment was entered on April 15, 2013 in the amount of$143,935.66. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint,i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 4,2013. 764775 5. Additional sums haVe been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $116,556.17 Interest Through September 4,2013 $36,125.44 Legal fees $1,300.00 Cost of Suit and Title $2,382.65 Property Inspections $260.00 Property Preservation $1,869.60 Escrow Deficit $12,326.15 TOTAL $170,820.01 6. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 12/28/2007 HAZARD INSURANCE $1,660.60 12/31/2007 PAYMENT ($178*55) 2/4/2008 PAYMENT ($178.55) 2/29/2008 PAYMENT ($213.60) 4/3/2008 PAYMENT ($213.60) 4/18/2008 CITY TAX $559.36 4/29/2008 PAYMENT ($213.60) 5/30/2008 PAYMENT ($213.60) 6/30/2008 PAYMENT ($213.60) 7/l/2008 PAYMENT ($-213.60) 7/28/2008 PAYMENT ($213.60) 8/14/2008 PAYMENT ($213.60) 8/20/2008 SCHOOL TAX $1,143.55 9/5/2008 PAYMENT ($213.60) 10/3/2008 PAYMENT ($213.60) 10/21/2008 HAZARD INSURANCE $2,410.00 12/3/2008 PAYMENT ($213.60) PAYMENT .($213.60) 12/22/2008 PAYMENT REVERSAL $213.60 12/22/2008 PAYMENT REVERSAL $213.60 2/12/2009 HAZARD INSURANCE $4,094.86 2/13/2009 HAZARD INSURANCE REFUND ($1,816.00) 4/17/2009 CITY TAX $630.91 764775 6/15/2009 PAYMENT ($694.76) 6/15/2009 PAYMENT ($694.76) 8/20/2009 SCHOOL TAX $1,156.43 1/4/2010 HAZARD INSURANCE $1,271.26 4/28/2010 CITY TAX $630.91 8/18/2010 SCHOOL TAX $1,158.29 8/27/2010 PAYMENT ($360.27) 9/9/2010 PAYMENT ($360.27) 11/10/2010 PAYMENT ($360.27) 12/28/2010 HAZARD INSURANCE $865.60 3/29/2011 CITY TAX $696.35 7/13/2011 HAZARD INSURANCE REFUND ($1,024.20) 7/28/2011 SCHOOL TAX $1,366.50 12/17/2011 HAZARD INSURANCE $907.86 3/20/2012 CITY TAX $696.35 8/10/2012 SCHOOL TAX $1,414,63 3/28/2013 CITY TAX $791.32 6/19/2013 HAZARD INSURANCE $1,675.00 TOTAL $12,326.15 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 23, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 764775 11. In compliance with Cumberland County Local Rule 209.3(a)(2),Plaintiff avers that Judge M.L. Ebert, Jr. entered an order for Service Pursuant to Special Order of Court dated February 11, 2013 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: By: Justin o ski squire ATT EY F R PLAINTIFF 764775 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County KENNETH E. BROWN, III No.: 11-9238-CIVIL-TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE KENNETH E. BROWN, III executed a Promissory Note agreeing to pay principal, interest, late charges,real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 106 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055-3506. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 764775 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of ajudgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp,v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v.Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co.,332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem,it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 764775 Company v. Bums,414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovicb, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 111. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown VflIM Partnership v. Kimmel,424 Pa. Super 53, 55,621 A.2d 1036, 1037 (1993). Simal Consumer 764775 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is,for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically,interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 764775 V1. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents,preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment,the writ of execution process,lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751,755 (1974). In Federal Land Bank of Baltimore v.Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344(Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v.Morrisville HMpton &aeal , 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 764775 V11. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage;Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriffs sale. Accordingly,the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety,which will not cause harm to the Defendants. 764775 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 764775 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage,those expenses are property included in the Plaintiff s Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings,and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: 6 113 13y: Justi/F. K .teski,Esquire r Att ney f r Plaintiff 764775 Exhibit "A 764775 r IF THELPROTHONOTA PHELAN HALLINAN,LLP 2913 APR 15 AM 10.: 17 Attorney for Plaintiff Jonathan Lobb,Esq.,Id.No.312174 CUMBERLAND COUNTY 1617 JFK Boulevard,Suite 1400 —Phi!M-elphfil;�A 19-103-— - - ---- - - -- -- — 215-563-7000 BANK OF AMERICA,N.A. CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS_ KENNETH E.BROWN,III CIVIL DIVISION f No. 11-9238-CIVIL-TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES i { j TO THE PROTHONOTARY:. Kindly enter judgment in favor of the Plaintiff and against KENNETH E.BROWN.III, Defendant 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 es as follows: . As set forth in Complaint $143,935.66 TOTAL $143,935.66 I hereby certify that(1)the Defendant's last known addresses are 106 LANCASTER BOULEVARD,MECHANICSBURG,PA 17055-3506 and PO BOX 940897,MATTLAND,FL .327940897,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. it Date 12, 13 J than Lobb,Esq.,Id.No:.312174 tto for laintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. e'� DATE: } Pxs n 270943 PROTHONOTARY 270943 Exhibit "B" 779456 1 PHELAN HALLINAN, LLP 1617 Jolv1 F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania July 23, 2013 KENNETH E. BROWN,III 106 LANCASTER BOULEVARD MECHANICSBURG, PA 17055-3506 RE BANK OF AMERICA,N.A. v. KENNETH E. BROWN, III Premises Address: 106 LANCASTER BOULEVARD MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 11-9238-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 7/29/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very',, Jill ki.,Esq., Id.No.200392 Atto' ey for: ?lairit+iff. Eb losure 764775 Ntuna and Pltcian Hatiinan,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza tp Philadelphia,PA 14103 KVM fs! Line Article Humber Name of Addressee Street and Post Mee Address Postage � C '"** KENNETH I-BROWN,III $0.45 t ' 106 LANCASTER BOULEVARD MECHANICSBURG PA 17055-3506 6 2 '*"* KENNETH E.BROWN,III 50.45 1019 N VISTA ST APT 4N WEST HOLLYWOOD,CA 90046-6624 3 i'** KENNETH E.BROWN,III 50.45 808 WESTMOUNT DR s. 1 APT 5 WEST HOLLYWOOD CA 90069-4671 4 **"* KENNETH E.BROWN,III $4.45 1194 CROSS CREEK DR MECHANICSBURG PA 17050-8340 5 "* KENNETH I—BROWN,111 $0.45 PO BOX 440897 MAITLAND FL 32794-0897 RE:KENNETH E.BROWN III CUMBERLAND PH#76477511200 Page 1 of 1 $2.25 TOW WaAaor TOW NMI-ofPiwss PoSW"t .P(NaMor Tl�einnakekssstonot.itoa.sropoirM+n511dnmastksecsimtr tiandscriareredmn'i.Themarimumt.dem,JtytMY+fi� Piars Uftd by Scnda Racei,dt d lba owsw Recdvint&*0)") for the Mewst aioa of noara NW&dowmads Mda emm"MIA is 530.006 Pa pine sugea to�limb of 5500.0QD Pa ooavrena,The mucimuat tndenrnityvsyabk an Es;xess htsst tncrcbwdix is 5300, �> Tbo m�xbmsm a�danai7Ps3'�a 523,000 is rs8staced mail,scnlwAh oPCionst castaanaa.Sa f)omeztc!4!n!tA'snvsl R96659t3 and 5921 farliavuceoas of i Form 3877 Facsimile i n 764775 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 . ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A. Court of Common Pleas Plaintiff V. Civil Division KENNETH E. BROWN, III CUMBERLAND County No.: 11-9238-CIVIL-TERM Defendant CERTIFICATION OF SERVICE . I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. KENNETH E. BROWN, III KENNETH E. BROWN, III 106 LANCASTER BOULEVARD 1019 N VISTA ST MECHANICSBURG, PA 17055-3506 APT 4N KENNETH E. BROWN, III WEST HOLLYWOOD, CA 90046-6624 , 808 WESTMOUNT DR KENNETH E. BROWN, III APT 5 1199 CROSS CREEK DR WEST HOLLYWOOD, CA 90069-4671 MECHANICSBURG,PA 17050-8340 KENNETH E. BROWN, III PO BOX 940897 MAITLAND,FL 32794-0897 Phelan Hallinan,LLP DATE: / D By: WEY e NTIFF 764775 BANK OF AMERICA, N.A. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH E. BROWN, III DEFENDANT NO. 11-9238 CIVIL ORDER OF COURT AND NOW, this 2"d day of August, 2013, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 24, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Austin F. Kobeski, Esquire MM Attorney for Plaintiff 'T' Kenneth E. Brownlll Defendant �; CD O<b � t . bas < Phelan Hallinan, LLP �; . . - 0 1 --- .- ---- ----- ------------ -- -------- --- ----.----- Adam H. Davis, Esq., Id. No.203Q.3kt �g ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 BANK OF AMERICA, N.A. Court of Common Pleas Plaintiff : Civil Division vs. CUMBERLAND County KENNETH E. BROWN, III No.: 11-9238-CIVIL-TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 2, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. KENNETH E. BROWN, III KENNETH E. BROWN, III 106 LANCASTER BOULEVARD 1019 N VISTA ST MECHANICSBURG,PA 17055-3506 APT 4N WEST HOLLYWOOD, CA 90046-6624 KENNETH E. BROWN, III 808 WESTMOUNT DR KENNETH E. BROWN, III APT 5 1199 CROSS CREEK DR WEST HOLLYWOOD, CA 90069-4671 MECHANICSBURG,PA 17050-8340 KENNETH E. BROWN, III PO BOX 940897 MAITLAND, FL 32794-0897 Phelan Hallinan, LLP / DATE: By; Q �194 Adam H. Davis, Esq., Id.No.203034 Attorney for Plaintiff 764775 e—rnCO { n f� PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id. No.203034 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza C ter'' Philadelphia,PA 19103 w Adam.Davis @PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION KENNETH E.BROWN,III Defendant(s) No.: 11-9238-CIVIL-TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817)and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". oil &�&� Adam H.Davis,Esq.,Id.N6.203034 FI� 113 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#764775 BANK OF AMERICA,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-9238-CIVIL-TERM KENNETH E.BROWN,III Defendant(s) CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A.,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 106 LANCASTER BOULEVARD, MECHANICSBURG,PA 17055-3506. I. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) KENNETH E.BROWN,111 106 LANCASTER BOULEVARD, MECHANICSBURG,PA 17055-3506 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) KENNETH E.BROWN,III 106 LANCASTER BOULEVARD MECHANICSBURG,PA 17055-3506 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) BANK OF AMERICA,N.A. NC 4-105-02-63 - 4161 PIEDMONT PARKWAY GREENSBORO,NC 27410-8110 BANK OF AMERICA,N.A.C/O GREGORY 1310 INDUSTRIAL BOULEVARD JAVARDIAN,ESQUIRE 1ST FLOOR,SUITE 101 SOUTHAMPTON,PA 18966 BB&T FINANCIAL FSB. 2420 COULTER DRIVE ROANOKE,VA 24012 BB&T FINANCIAL FSB.C/O ROBERT D. 407 N FRONT STREET KODAK,ESQUIRE PO BOX 11848 HARRISBURG,PA 17108-1848 ARROW FINANCIAL SERVICES,LLC. 5996 WEST TOUHY AVENUE NILES,IL 60714 ARROW FINANCIAL SERVICES,LLC.C/O 4660 TRINDLE ROAD,SUITE 300 AMY F.DOYLE,ESQUIRE CAMP HILL,PA 17011 BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG,PA 17128-0946 PH#764775 COMMONWEALTH OF PENNSYLVANIA BUREAU OF COMPLIANCE DEPARTMENT OF REVENUE BUREAU OF HARRISBURG,PA 17128 COMPLIANCE BANK OF AMERICA,N.A. 4161 PIEDMONT PARKWAY GREENSBORO,NC 27410-8110 BB&T FINANCIAL,FSB 2420 COULTER DRIVE ROANOKE,VA 24012 ARROW FINANCIAL SERVICES,LLC 5996 WEST TOUHY AVENUE NILES,IL 60714 JUDITH M.SNYDER 4553 NEW HOLLAND ROAD MOHNTON,PA 19540-8486 RAYMOND A.BROWN 4553 NEW HOLLAND ROAD MOHNTON,PA 19540-8486 CRAIG LAHAR 2751 ALLEN GLEN DRIVE MECHANICSBURG,PA 17055-6097 CRAIG LAHAR C/O RICHARD WIX WIX WENGER&WEINER 4705 DUKE STREET HARRISBURG,PA 17109 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) BANK OF AMERICA,N.A. 100 NORTH TRYON STREET CHARLOTTE,NC 28255 BANK OF AMERICA,N.A.C/O FISERV 27 INWOOD ROAD LENDING SOLUTIONS RICKY HILL,CT 06067 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) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND,PA 17070 LOWER ALLEN TOWNSHIP AUTHORITY 635 NORTH 12TH STREET C/O STEVEN P.MINER,ESQUIRE SUITE 101 LEMOYNE,PA 17043 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. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) PH#764775 TENANT/OCCUPANT 106 LANCASTER BOULEVARD MECHANICSBURG,PA 17055-3506 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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. Date: By. �� Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#764775 Name and Phelan Iiallinan,LLP a' ° Address 1617H-X Boulevard,Suite 1400 to f°v Of Sendo Offe Pout Ccatavlaia Philadelphia,PA 19103 AZKIPFL-09/04/20.13 SALE d Line Article Number ;Name of Addressee Street,and:Post Oliiee Add regs postage I ***" LOWER ALLEN TOWNSHIP AUTHORITY $0.45 120 LIMEKILN ROAD NEW CUMBERLAND,PA 17010 �r� 2 *«** LOWER NLLEN TOWNSHIP AUTHORITY C/O STEVEN P.MINER,ESQUIRE S0 45 y S 635 NORT14 13TH'STREET SUM, 101 � LEMOYNE PA 17043 e 3 '... DOMESTIC RELATIONS OF 50,45 CUMBERLAND COUNTY 13 NORTH FIANOVER STREET ti CARLISLE,PA 17013 4 +k°* COMMON)h"RALTH OF PENNSYLVANIA BOAS ti DEPARTMENT OF WELFARE Art P.O.BOX 2675 ��} 1 1ARRISBURG PA 1.7105 4 5 ""*! INTERNAL REVENUE SERVICE ADVISORY. $0.46 �'I!•,� �.✓:.',� f 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH PA 1.5212 6 U.S.DEPARTMENT OF JUSTICE $0.46 U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FRDERAL.RUII:.AING 223 WALNUT STREET,SUITE 220 PO BOX 11754 UAR'RISBURG PA 171084,754, RE:KBNNETII E.BROWNr:1II(CUMBERLAND) PITS#270943/1021 Page 2 of 2 Writ $7.67 Team Total Nurbaof l'oulMmberafPieces HtrtrtustmLrn(Nam of The fallttxk mbnofyalueis mpuirWan all dowaLordfntemiionhl pa}h hk i PKCes Listed b),Scakr Rocti ed of Poit Ofr= Receiving EnVla)-) to the remtatmnio.1 ofrinw riiable docamma uMer tvtess Ma-1 dtcuorent romporucrion imu—mve is 330.0w per_ t pkcc nrbecnm a 14;r1t uf5700,oIX7pa-a .rrmu..The maxfnum 1M:1cMriq avyvw w Es{ac:u flail twvtuodae b$Nq, { Tess r�i.Nm bdeiarif..payable 6 S13Aaa forrcfptkred mi4ram rwnS er2mal inuvxa...Sec 1?oawat:e,btatl Mamwl . ! Roa654t3ondS92'tfoclia8aasonseftavcraga �.�___..-- ----_.._.__. Form 3877 Facsimile Scru ri Acme and Phc7 Ft C ri,LLP o Addresc Of � tst7)F1c Borritwd,sails 5900 � N Sender one Penn Cenrer Pis'xa Phllodcl hit PA 19107 AZKJPFL.09/04/2013SALE r Line Artiste Number Name of Address §tM and,Potr Office Addretx Poato c *�� 1 «:•• I'kNANT/OCCUPAtYI' $9.45 t o Iwa 206 LANCASTER SOUL F;VARD MECHANICSBURG PA I7p55-3S06 (a 2 :: ARROW FINANCIAL SERVICES,.LLC. $0A5 y*p,.. $946 WESTTOUIIX AVENUE NILES,IL 60714 �Q 3 "• ARROW FINANCIAL SERVICES LLC CfO AMY F.DOYLE;ESQUIRE $043 4660 TRINDLE ROAD,SUITE 300 ? CAMP HILL,PA 17011 4 ""' DANK OFAMERICA,N.A. $0.45 100 NORTH TRYON STREET y CHA TTE,NC 28215 5 a„” BANK OFAMERICA,,Y.A. 50A5 �' NC 4.105.02-63 4161 PIEDMONT PARKWAY GREENSBORO NC 27410-8110 6 BANK OF AMERICA,'N.A.C/O FISERV LENDING SOLUTIONS a�'� $0.45 27INWOOD ROAD RICKY HILL,CT 06067 7 «"'a BANK OFMIERICA,N.A.C/O GREGORY 7AVi4RDIAN,ESQUIRE $0,45 3.310 INDUSTRIAL BOULEVARD I ST FLOOR,SUITE 101 SOUTHAMPTON PA 16966 8 "'• BB&T FINANCIAL FSB. 5045 2420 COULTER DRIVE ROANOKE,VA 24012 9 `•«* BB&T FINANCIAL FSB.C/O ROBERT D.KODAK,ESQUIRE S0A5 407 N FRONT STREET _ PO BOt 11848 HARRISBURG.PA f 710&1848 10 "** BUREAU OF COMPLIANCE DEPARTMENT 280946 SOAS HARRISBURG PA 17128-0956 11 ••"* COMMUI%Vv%ALTH OF PENNSYLVANIA DEPARTN1EtYl°OF REVENUE BUREAU Of CUMPi IANC'E. $OAS P.O.BOX 280948 HARRLSBURG-PA 17128 RE:KEVAETH E.BROWN III CUMBERLAND NHS o 270943/1011 I'a e 1 of 2 Wrtt 7'cam - ?�NVn.Mat�_�..._..._' xaeY;�4n e(Pas» .a,rar{ e.: ,;TAI•.. det$nroaa arep aaa8 aad:arnarraar is�ai iysrrs, xa�,.es<r ar rta,aarr�r+ oy a a: our me,n.iNmm�axyrarxtxr�A+aomnun - s�.iu.*ac,c..a,tcC,p.wniru,+,mw.�.rs:«:o.,,a..LSiaaoµplw„�ii,.xa.tma.rascanw� i ururrexe.Tbc natimaa&4eaxkvl>av+Gr oa Fixtrss tra0 a>Ktd�andist rtiia.3Arwemaai,daa.kvaavdle4LiS.0U'/rot reCaiaM . nai,aaa riM 5,4)15 Mmmct.te;Oaeu:ie Wfi NaaW iilW$41i W 5411 fer F'npanaMMraa Form 3877 1•'t:esilllllc I , 1 Memo and PAelm Hitlinan,LLP ic Address 26173FKBouleN Suite 24t1t1 u j, ()£Sender One Penn Center Plaza Philadelphia,PA 19103 00,M4/MJ3 SAly fAUG Lino Article Ntxanbrr Nabs 4f Addr Slrtet and Pest Offite Address t- asp a 140 i wwr. CRAIG LAMA / 11 27Si ALLEN GLEN 2)Ii vE Si mo b' M1G(:lE ANICSBURG PA 17{1556097 2 ,,•• CRAIG LAKM CIO RICHARD W2X S0 45µ 0 ' 100 WO AVENGER&WEINER 4M DUKE STREET HARRM"G.PA 17109 ] •w.r Allltl4"'111I M.SNYDER 4M NEW HOLLAND ROAD $0.45 M04INTON PA 145404486 4 +rww RAYMOND A.BROWN 4553 NEW'HOLLAND ROAD 30AS mtllil+-mm YA iv mo4ws6 '2 :IC£NAlET13 E.BROWN,In..j _ P f17Gd775JXD26____ 43 S7l.8q Tani Nmzisr N Ttpi Ha:rlaerattia�t Pcittrsstrr,PxztNsm of The I ftumon ofiveiac k vNwmd aaaif dotseste sec!FakrseFioas3 serecsceei ms0.The srrdmust Fadeasdry Wyttk tiaaatktssitr SmxLr 440+44 It factoirxc it-hivEffok") tarsilo.6,ofmmc."kdonsmaftwiM nxawtructaniremweFsSSO,t00per F.xpcestMal4eevasert p�entltatmcbrMtatS3Ul),W9peraoamtsroe YtrrnexksssmfroctsrUty3+eYat;temF:s{rescllaYlmaciwnd6ewS81o. Thu uweits>.+a.itJ¢nxsily}tiyxLk is tr2S.t+fO Cw ngifx.cd+sail,sup%whh uptioxai(rnu»nce.Sx 2?anntie DLit tt� ititriMJii sad S4J7 tns Sie£sxnnm+.f. Form 3871 F'aertianik i f 1 s i f l PH#764775 Phelan Hallinan, LLP �' TH P OTHOJC I'A R f Adam H. Davis, Esq., Id. N0.203034 201.3 AUG 29 Aft 1,:ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA Adam.Davis @PhelanHallinan.com 215-563-7000 BANK OF AMERICA,N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County KENNETH E. BROWN, III No.: 11-9238-CIVIL-TERM Defendant MOTION TO MAKE RULE ABSOLUTE BANK OF AMERICA, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: I. A Motion to Reassess Damages was filed with the Court on July 31, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 23, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9)and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable M.L. Ebert,Jr. on or about August 2, 2013 directing the Defendant to show cause by August 24,2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 8, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto,made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 24, 2013. 764775 Al WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: z��/ By: /�� Adam H. Davis, Esq.,Id.No.203034 Attorney for Plaintiff 764775 Exhibit "A" 764775 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan,LLP Representing Lenders in Pennsylvania July 23,2013 KENNETH E.BROWN,ITT 106 LANCASTER BOULEVARD MECHANICSBURG,PA 17055-3506 RE,, BANK OF AMERICA,N.A.v.KENNETH E. BROWN,III Premises Address: 106 LANCASTER BOULEVARD MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 11-9238-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 7/29/2013. Should you have further questions or concerns,please do not hesitate to contact me,, Othei wise,please be guided accordingly. Very Jib. Vb- Yj,Esq.,Id.No.2003 92 for Eb Josure 764775 Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza ,. C Philadelphia,PA 19103 KVM Line Article Number Name of Addressee Street and Post Office Address Postage I ° I **** KENNETH E.BROWN,III $0.45 1� 106 LANCASTER BOULEVARD MECHANICSBURG PA 17055-3506 to 2 *"* KENNETH E.'BROWN,111 50.45 tvoo 1019 N VISTA ST APT 4N WEST HOLLYWOOD CA 90046-6624 3 ***" KENNETH E.BROWN,MI 50.45 808 WESTMOUNT DR APT 5 WEST HOLLYWOOD CA 90069-4671 4 **** KENNETH E.BROWN,III WAS 1199 CROSS CREEK DR MECHANICSBURG PA 17050.8340. 5 *'*• KENNETH E.BROWN,111 $0.45 PO BOX 940897 MAITLAND FL 32794-0897 ! RE:KENNETH E.BROWN 111 CUMBERLAND PEI#76477511200 Page I of 1 $2.25 i TaW Nae�ei of Total Nasaha of Pieces Pv,t"an,Psr(Nano of tho M doctseuka of wWc jr rcCvirad m all domaatk and lr*mwkxW rtC"Vfed mail.The manm rn fademnby payahk Awes flitted by Settda Received al Poo Offwe R¢d*s Fxggoyte) for the tecovwwo m of noanegowhb doameau coda Expren Marl Awwn m twwormm imwaate is S"Pw Mr picot sOjecitoatiea3tarS"kMpaaoauttaa.TberaaximomfademaitypayabkonExpressldaflMatisndisois$w. Tha mmn m tadcma typayabie n 5t9 W for a&cred mul,sad w1h aytknH mswanm Sa Domestic I Sad MwW P 89005913 and 9921 for limimiem of Form 3877 Facsimile i I i y I 76#775 Exhibit "B" 764775 BANK OF AMERICA, N.A. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA Vi. KENNETH E. BROWN, III DEFENDANT NO. 11-9238 CIVIL ORDER OF COURT AND NOW, this 2nd day of August, 2013, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 24, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause,the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, A M. L. Ebert, J r., '4 1 v Justin F. Kobeski, Esquire :m. Attorney for Plaintiff Kenneth E. BrownIll =c -73 Defendant bas i I ' 1 ' I j I i i I i i. 1 i . { f I Exhibit. 764775 Phelan Hallinan,LLP Adam H. Davis,Esq.,Id.No.203034 Q�NEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza COUNT' Philadelphia,PA 19103 QFw1JSYLVAH1 A Adam.Davis@PhelanHallinan.com 215-563-7000 BANK OF AMERICA,N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County KENNETH E.BROWN,III No.: 11-9238-CIVIL-TERY,',,-. Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 2,2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be,-.11.-. granted was served upon the following individual on the date indicated below. KENNETH E.BROWN,III KENNETH E. BROWN,III 106 LANCASTER BOULEVARD 1019 N VISTA ST MECHANICSBURG,PA 17055-3506 APT 4N WEST HOLLYWOOD, CA 90046-6624 KENNETH E.BROWN,III 808 WESTMOUNT DR KENNETH E. BROWN,III APT 5 1199 CROSS CREEK DR WEST HOLLYWOOD, CA 90069-4671 MECHANICSBURG,PA 17050-8340 KENNETH E. BROWN,III PO BOX 940897 MAITLAND,FL 327940897 Phelan Hallinan,LLP 0ii"ti DATE.6 By: Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff 764775 Phelan Hallinan,LLP Adam H. Davis, Esq., Id.No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adarn.Davis@PhelanHallinan.com 215-56377000 BANK OF AMERICA,N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County KENNETH E. BROWN, III No.: 11-9238-CIVIL-TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Motion to Make Rule Absolute was served upon the following individual on the date indicated below. KENNETH E. BROWN,III KENNETH E. BROWN,III 106 LANCASTER BOULEVARD 1019 N VISTA ST MECHANICSBURG,PA 17055-3506 APT 4N WEST HOLLYWOOD, CA 90046-6624 KENNETH E. BROWN,III 808 WESTMOUNT DR KENNETH E. BROWN,III APT 5 1199 CROSS CREEK DR WEST HOLLYWOOD, CA 90069-4671 MECHANICSBURG,PA 17050-8340 KENNETH E. BROWN,III PO BOX 940897 MAITLAND,FL 32794-0897 Phelan Hallinan, LLP DATE: By: � 4 y--A,— Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff 764775 Up ?f pt NOQ T , PHELAN HALLINAN, LLP Al��,� �� ARC Attorney for Plaintiff AM 10; 22 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza p" ,�JSY�.�IAI� Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS vs. CIVIL DIVISION KENNETH E. BROWN, III NO. 11-9238-CIVIL-TERM Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 1 hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail to KENNETH E. BROWN, III on JUNE 21,2013 in accordance with the Order of Court dated FEBRUARY 11, 2013. The property was posted on JUNE 30, 2013. Publication was advertised in CUMBERLAND COUNTY LAW JOURNAL on JULY 5, 2013 &in THE SENTINEL on JUNE 25, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: By: JonatVn Lobb, sq., Id. No.312174 Attorney for Plaintiff i IN THE'COURT OF COMMON PLEAS" CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A. Court of Common Pleas Plaintiff . Civil Division VS. CUMBERLAND County KENNETH E.BROWN,III Defendant No. 11-9238-CIVIL-TERM AMENDED ORDER OF COURT AND NOW,this 1 '' day of_'A�"�'" '2013,upon consideration of Plaintiff's I motion for Service Pursuant to Special Order of Court,it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa-RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendant,KENNETH E.BROWN,III,by: 1. Posting of the-premises: 106 LANCASTER BOULEVARD, MECHANICSBURG,PA 17055 by the Sheriff or a non-party competent adult; and 2. First class mail to KENNETH E.BROWN,III at P.O.BOX 940897, MAITLAND,FL 32794 and the mortgaged premises located at 106 LANCASTER BOULEVARD,MECHANICSBURG,PA 17055. Service by mail is complete upon the date of mailing. 3. Publication pursuant to Pa.R.C.P.430 It is fiuther ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. B T: M.L.Ebert,Jr., J. *Prior to fulfilling the requirements of service of Notice of Sate as forth in this Order,Plaintiff must first attempt service as set forth in Pa.RCP.3129.2(c)(1)(0 (A) or (B). In the event this attempted service b not successful,Plaintiff may proceed with service of the Notice,of Sale in conformity with this Order. Cc;KENNETH E.BROWN,III 106 LANCASTER BOULEVARD, C o MECHANICSBURG,PA 17055 co �r.. P.O.BOX 940897 o MAITLAND,FL 32794 to o--n Za � G Q TRUE COPY FROM RECORD in Testimony whereof,t her Gaoist Pa h8nd and the seal of said t _ 20 This.�t—•day of_ Prothonotary yP X• /yam puc#070943/KPL O 12 Name and PHELAN HALLINAN&SCHMIEG Address One Penn Center at Suburban,Suite 1400 1i M of Scader Philadelphia,PA 19103 '1■ Line Artide fENNETH Addressec,Street,W PouOfftce Address - Posule 1 M 01 Number p 1 "" TH E.BROWN,Ill NCASTER BOULEVARD i ANICSBURG PA 17053-3506 Noo° 2 a"• E.BROWN,III X 940897 SAITLAND FL 32794-0997 3 rsss a 4 rrsa �rt10' Z 6 ♦arrX � 7 srsa ti�, $ ssrs 9 rasa 10 r'r" 11 asrs 12 :.KENNETH E.BROWN,Ill PNS#270943 Tout Number of I Totst Number of Pieces Poumasta,Per(Name of Rcoeivins Picas Listed by Serder Received r Post Offict Pmpltrya} LXH-*NOTICE OF SALE:CERTIFICATE OF MAILING* CODE: 1.020 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A. PHS#270943 DEFENDANT SERVICE TEAM/so] KENNETH E.BROWN,III COURT NO.:11.9238-CIVIL-TERM SERVE KENNETH E.BROWN,III AT: TYPE OF ACTION 106 LANCASTER BOULEVARD XX Notice of Sheriffs Sale MECHANICSBURG,PA 17055-3506 SALE DATE:09/04/2013 ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to KENNETH E.BROWN.III,Defendant on the V4 day of -:7_&9t/Z ,2013 ,at L*"//o'clock t4 M.,at 106 LANCASTER BOULEVARD.MECHANICSBURG,PA 17055 3506,in the manner described below: _Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company.. XX .Other:,_ POSTED THEYR�PWX Description: Age Height Weight Race Sex Other I, a competent adult,hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein,issued in the tinned case on the date and at the address indicated above. I understand that this statement is matte atablCct lie penalties of 1.8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. f DATE: G /3 NAME: PRINTED 06r: a' TITLE: �•�r6,G NOT SERVED On the day f 20 ,at o'clock .M.,I,. ,a competent adult hereby state that a endant NOTT�ftISGecause: r Vacant —Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq.,Id.No.32227 Francis S.llallinan,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 Jenne R.Davey,Esq.,Id.No.87077 Lauren R.Tabas,Esq..Id,No.93337 Jay B.Jones,Esq.,Id,No.86657 Andrew L.Spivack,.Esq.,Id.No.84439 Chrisovalantc P.Fliakos,Esq.,Id.No.94620 Courtcnay R.Dunn,Esq.,Id.No.206779 Allison F.Zuckerman,Esq.,Id.No.309519 Melissa,J.Cantwell,Esq.,Id.No.308912 Mario J.Hnnyon,Esq.,Id,No.203993 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 July 5, 2013 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. t— L' a Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 5 day of July, 2013 C-1 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County,Pennsylvania NO. 11-9238 CIVIL-TERM BANK OF AMERICA,N.A. VS. KENNETH E.BROWN,III NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: KENNETH E. BROWN, III Being Premises: 106 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055-3506. Being in TOWNSHIP OF LOWER ALLEN, County of CUMBERLAND, Commonwealth of Pennsylvania, 13- 23-0561-025. Improvements consist of residen- tial property. Sold as the property of KENNETH E.BROWN,III. Your house (real estate) at 106 LANCASTER BOULEVARD, ME- CHANICSBURG, PA 17055-3506 is scheduled to be sold at the Sheriff's Sale on September 4, 2013 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $143,935.66 obtained by, BANK OF AMERICA, N.A. (the mortgagee), against the above premises. PHELAN HALLINAN,LLP Attorneys for Plaintiff July 5 6 PROOF OF PUBLICATION State of Pennsylvania,County of Cumberland Tackie Cox,Director of Sales,of The Sentinel,of the County and State aforesaid,being duly sworn,deposes and says that THE SENTINEL,a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th, 1881,since which date THE SENTINEL has been regularly issued in said County,and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 25,2013 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS Affiant further deposes that he/she is not 'OF CUMBERLAND COUNTY,PENNSYLVANIA interested in the subject matter of the NO.11-9238-CIVIL-TERM BANK OF AMERICA,N.A.. aforesaid notice or advertisement,and that KENNETH-E,BROWN,III all allegations in the foregoing statement as NOTICE TO:KENNETH E.BROWN,III tO tune,place and character of publication NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ar Being Premises:106 LANCASTER BOULEVARD,MECHANICSBURG,PA 17055-3506' ' Being in TOWNSHIP OF LOWER ALLEN,County of CUMBERLAND, Commonwealth of Pennsylvania,13-23-0561-025 { Improvements consist of residential property. Sold as the property of KENNETH E.BROWN,111 Your house(real estate)at 106 LANCASTER BOULEVARD, MECHANICSBURG,PA 17055-3506 is scheduled to be sold at the Sheriffs i Sale on 09/04/2013 at 10:00 AM,at the CUMBERLAND County Courthouse, 1 Courthouse Square,Room 303,Carlisle,PA 17013,to enforce the Court .I i Judgment of$143,935.66 obtained by,BANK OF AMERICA,N.A.(the' Sworn to and subscribed before me this mortgagee),against the above premises. PHELAN HALLINAN,LLP Attorney for Plaintiff Notaroublic My commission expires: , COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M.Holtry,Notary Public cariisle Boro,Cumberland Cou 2015 My Commission Expires SePL 26, MEMBER,PENNSYLVANIA A55pt IATION OF NOTARIES IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA, N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County KENNETH E. BROWN, III No.: 11-9238-CIVIL-TERM Defendant ORDER AND NOW, this 41, day of SCp • , 2013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $116,556.17 Interest Through September 4, 2013 $36,125.44 Legal fees $1,300.00 Cost of Suit and Title $2,382.65 Property Inspections $260.00 Property Preservation $1,869.60 Escrow Deficit $12,326.15 TOTAL $170,820.01 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: VINb'I�IASNN3d Al.NO ONVII 39wn J. 3HI 41 9/' 764775 - �oj 'SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff avw�ttr of ararabrrl "a T�3'� Jody S Smith Chief Deputy ?"113�T V 22 Richard W Stewart Solicitor OFF ICE OF TNE SRCRIFF PENNS YLVANf�~`r` r� Nationstar Mortgage LLC Case Number vs. Kenneth E. Brown, III 2011-9238 SHERIFF'S RETURN OF SERVICE 05/28/2013 Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice of Sheriff's Sale and Legal Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Kenneth F. Brown, III at P.O. Box 940897, Maitland, FL 32794 on 5/28/13. 07/01/2013 07:11 PM - Deputy Valerie Weary, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 106 Lancaster Boulevard, Lower Allen -Township, Mechanicsburg, PA 17055, Cumberland County. 07/12/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriff's Sale and Legal Description by certified mail, return receipt requested, to the within named defendant, to wit: Kenneth E. Brown, III, by mailing a copy of the within documents to the defendant's last known address of P.O. Box 940897, Maitland, FL 32794 on 05/28/13. The unopened letter was returned to the Cumberland County Sheriffs Office on 7/12/13 marked "Unclaimed, Unable to Forward." 09/04/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $800.46 SO ANSWERS, November 20, 2013 RbNW R ANDERSON, SHERIFF C�-� 9390 ' a9 5�s3 c;Ceunty5uite Sheriff,Teieosoft,Inc. On May 28, 2013 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 Boulevard, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: May 28, 2013 By: Real Estate Coordinator r, LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2011-9238 Civil Term NATIONSTAR MORTGAGE LLC vs. KENNETH E. BROWN,III Atty.:Joseph Schalk By virtue of a Writ of Execution No. 11-9238-CIVIL-TERM, NATION- STAR MORTGAGE,LLC v.KENNETH E. BROWN, III owner of property situate in the TOWNSHIP OF LOWER ALLEN, CUMBERLAND County, Pennsylvania,being 106 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055-3506. Parcel No. 13-23-0561-025. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$143,935.66. 29 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: July 26,August 2 and August 9, 2013 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. Li Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this dav of Aulaust, 2013 Notary DCBOKAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 1900 Patriot Drive e a Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 2011_MB CMI T— 07/28/13 NATIONSTAR MORTGAGE LLC VS. 08/04/13 KENNETR E BROWII,1I1 08/11/13 Arty: Joseph:Sdsalk By virtue of'a Writ of Execution No. 11.92384M TERM . . . . . . . . . . . . . . . . . . . . . . . NATIONSTAR MORTGAGE,11C V.KENNETH E.BROWN,M SWOr to and subscrl before t 23 day of August, 2013 A.D. owner of property-situate in'the TOWNSHIP OF LOWER AF EN CUMBERLAND County,Pennsylvania,being 106 LANCASTER BOULEVARD, 0 � I MECHANICSBURG,PA 17055-3506 ry Ublic Parcel No.13-23-0561-025 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING. Judgment Amount:$143,935.66 C01"IMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 MEMKR,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Morttayze Association is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 20th day of May, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 923 8, at the suit of Nationstar Mortgage LLC against Kenneth E. Brown III is duly recorded as Instrument Number 201337484. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 17 -X day of A.D. 7 Recorder of Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2014