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HomeMy WebLinkAbout13-4652 Supreme Court -of Pennsylvania , ate COUP) COIriIri Pleas For Prothonotary Use Only: G'Ivllt 'W; Meet r 3i C County Docket No: ,�� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: ❑D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: SOVEREIGN BANK, N.A. Lead Defendant's Name: TARA L. SHRAWDER T I Dollar Amount Requested: El within arbitration limits Are money damages requested? ❑ Yes Z No O (Check one) 19 outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an N MJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: John Michael Kolesnik Esq., Id No 308877 Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self - Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other • Product Liability (does not S include mass tort) ❑ Employment Dispute: • Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: U ❑ Asbestos N ❑ Tobacco • Toxic Tort -DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin ❑ Dental ❑ Quiet Title ❑ Other: ❑ Legal ❑ Other: ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/0112011 _ k � 1 .� C) CJ PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 SOVEREIGN BANK, N.A. 824 NORTH MARKET STREET COURT OF COMMON PLEAS SUITE 100 WILMINGTON, DE 19801 CIVIL DIVISION Plaintiff TERM • V NO. TARA L. SHRAWDER 27 WEST FACTORY STREET CUMBERLAND COUNTY MECHANICSBURG, PA 17055 -6208 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE lam/ 0.1 1. � P File #: 305008 C� /,�✓ ��^' NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 305008 1. Plaintiff is SOVEREIGN BANK, N.A. 824 NORTH MARKET STREET SUITE 100 WILMINGTON, DE 19801 2. The name(s) and last known address(es) of the Defendant(s) are: TARA L. SHRAWDER 27 WEST FACTORY STREET MECHANICSBURG, PA 17055 -6208 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/28/2006 TARA L. SHRAWDER made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1960, Page 4552.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. Sovereign Bank is now known as Sovereign Bank, N.A. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 305008 7. The following amounts are due on the mortgage as of 06/27/2013: Principal Balance $92,375.82 Interest $7,695.67 03/01/2012 through 06/27/201.3 Late Charges $623.20 Property Inspections $207.00 NSF $60.00 Escrow Deficit $1,789.06 TOTAL $102,750.75 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 305008 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $102,750.75, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: J n ichael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff - File #: 305008 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel o. land, situate in the Borough Of Mechanicsburg, Cumberland County, bounded and. described as follows, to wit: State of Pennsylvania BEGINNING at a point on the South side cf West Factory Street at the east line of Lest ado. 29 an the hereinafter mentioned Plan which pcint ore hundred tarty -one and eighty -five orse- hundredths (141.85) feet East of North Frederic Street; said West Factory Street, North sevent said along the minutes East (N 71 `33 1 E,), thirty -traca and esix- thirty -three to the western line. of Lot No.. 25, thence along the Same, South twenty -one degrees twenty minutes East (S 21'21, E), one hundred twenty - three and nine one - hundredths lands, now or formerly, of Melvin C. t1 and feet G Picking: thence along the same, South P seve �lasy G thirty -four minutes West -one degrees (32.6) feet to the said Lot No.. 29 W) thirty -two and six-tenth thence along the same, North Y - one degrees twenty-ore minute4 West. (N 21'21' W), one hundred twenty -three and eight One- h paint; the p.Lace of the BEGINNING. undredths (123.08} fegt to a PROPERTY ADDRESS: 27 WEST FACTORY STREET, MECHANICSBURG, PA 17055 -6208 PARCEL # 19 -22- 0519 -087 File #: 305008 w � VERIFICATION 0 , hereby states that he /she is F0teJ o5 u-i y of SOVEREIGN BANK, N.A, Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Na eG��" DATE: Title: - o re G I O S r-c a m i R t SOVEREIGN BANK, N.A File #: 305008 Name: SHRAWDER File #: 305008 FORM 1 , IN THE COURT OF COMMON PLEAS SOVEREIGN BANK, N.A. OF CUMBERLAND COUNTY, PENNSYL��NIA Z; Plaintiff(s) r r 9 M - -Lm r r; =70 ti7 vs. —G 'j C3 --{. TARA L. SHRAWDER Defendant(s) IDS ZCivil e/* c . - NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE' DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Lgal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representativewithin twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet wih a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. . Respectfully submitted: Date n Michael Kolesnik, Esq., Id. 0.308877 Attorney for Plaintiff y FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARV Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-13011ROWER Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: x Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income, 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 305008 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson n-A - ; - V I'H E P 110 T 1-10 Sheriff Jody S Smith Ali 10: 19 Chief Deputy Richard W Stewart CtJIMSERLAND COUNTY Solicitor OFFICE OF THE SKRIFF PENNSYLVANIA Sovereign Bank s. Case Number Tara 2013-4652 a L Shrawder I SHERIFF'S RETURN OF SERVICE 0910612013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Tara L Shrawder, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 27 West Factory Street, Mechanicsburg Borough, Mechanicsburg, PA 17055-6208. Several attempts at service were made but deputies were unable to make contact with anyone at the residence and were unable to effectuate service. SHERIFF COST: $39.30 SO ANSWERS, September 09, 2013 RbNIW R ANDERSON, SHERIFF (0 CounaySuilo Sheriff,Telecisoff,Inc. f PRp 7IfqONOTArt 2013 DEC 18 PH 1: 03 CUMBERLANO COUNTY PENNSYLVANIA Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SOVEREIGN BANK,N.A. Court of Common Pleas Plaintiff . Civil Division v. . CUMBERLAND County TARA L. SHRAWDER Defendant(s) No. 13-4652-CIVIL TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute SANTANDER BANK,N.A., FORMERLY KNOWN AS SOVEREIGN BANK,N.A. as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: By amendment of its Articles of Association, Sovereign Bank, N.A. changed its name to Santander Bank, N.A. Kindly amend the information on the docket accord' gl . Date: /00J By: ._ Joh,,richael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PH# 798770 aot 6q.sopd CI f ow,39s? Rif-Agelcu2 r � Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SOVEREIGN BANK,N.A. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County TARA L.SHRAWDER Defendant(s) No. 13-4652-CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of SANTANDER BANK,N.A., FORMERLY KNOWN AS SOVEREIGN BANK,N.A.. Date: /2/17/3 PHELA - • LLINAN, LLP By: Joh I ael Kolesnik, Esq., Id.No.308877 Attorney for Plaintiff PH# 798770 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SOVEREIGN BANK,N.A. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County TARA L. SHRAWDER Defendant(s) No. 13-4652-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe for Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: TARA L. SHRAWDER 27 WEST FACTORY STREET MECHANICSBURG,PA 17055-6208 Date: 12117/, PHELA -r- LL AN, LLP By: Jo ichael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff . ' :i 1 It 1)/1 II Phelan Hallinan,LLP 30 411 trot „ 1617 JFK Boulevard, Suite 1400 1 . r � �r�114 tip (�`� . _ One Penn Center Plaza , Philadelphia,PA 19103 • 'E/d�SYL.I/AiyiA QTY 215-563-7000 Attorney for Plaintiff SANTANDER BANK, N.A., FORMERLY • Court of Common Pleas KNOWN AS SOVEREIGN BANK, N.A. : Plaintiff Civil Division • vs. • CUMBERLAND County TARA L. SHRAWDER No. 13-4652-CIVIL TERM Defendant : MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, TARA L. SHRAWDER, by first class mail to TARA L. SHRAWDER at the mortgaged premises, 27 WEST FACTORY STREET, MECHANICSBURG, PA 17055-6208; posting of the mortgaged premises, 27 WEST FACTORY STREET, MECHANICSBURG, PA 17055-6208; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following: • 1. Attempts to serve Defendant,TARA L. SHRAWDER,personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 27 WEST FACTORY STREET, MECHANICSBURG, PA 17055-6208. As indicated by the Return of Service, no service was made as there was no response to the attempts made by the Sheriffs Deputy. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A". 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific 798770 • service cannot be made. . Pa.R.C.P.430(a) (2009). . . In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a)n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the Return of Service, the Sheriff has been unable to • • serve.the Complaint: Plaintiff has made-a good faith effort to discover•the whereabouts-of the. • Defendant as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. III. CONCLUSION As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. 798770 • • WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting; and • publication. Respectfully submitted, PHELAN HALL1NAN, LLP• Date: 1 `y By: Jo .Etkowicz,Esq., Id.No.208786 A. e ey for Plaintiff • • • • • 798770 • • Phelan Hallinan, LLP 1617 JFK Boulevard, Suite.1400 ' • One Penn Center Plaza Philadelphia,PA 19103 • 215-563-7000 Attorney for Plaintiff SANTANDER BANK, N.A., FORMERLY • Court of Common Pleas KNOWN AS SOVEREIGN BANK, N.A. Plaintiff : Civil Division vs. CUMBERLAND County TARA L. SHRAWDER • No. 13-4652-CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT I. FACTUAL BACKGROUND Attempts to serve Defendant,TARA L. SHRAWDER, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 27 WEST FACTORY STREET, MECHANICSBURG, PA 17055-6208. As indicated by the Return of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced b •the affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts • and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendant to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why 798770 • inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of January 7, 2014, no Judge has previously entered a ruling in this case. 4. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on January 7, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs January 7, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. V • WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter:an. Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Respectfully submitted, PHELAN H IN N, LLP ill ivy Date: V ttl By: rano!, Phe . ;llinan,LLP Jon., . M. Etkowicz, Esq., Id. No.208786 Atto ey for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 798770 Exhibit "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY • • Ronny R Anderson Sheriff at unabrC/and Jody S Smith taN�tl Chief Deputy Richard•W Stewart "{ d'° • • Solicitor o'FICE OF THE skERIFF • • Sovereign Bank Case Number vs. Tara L Shrawder 2013-4652 SHERIFF'S RETURN OF SERVICE 09/06/2013 Sheriff Ronny R Anderson,being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Tara L Shrewder,but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 27 West Factory Sttdet;'• Mechanicsburg Borough, Mechanicsburg, PA 17055-6208.Several attempts at service were made but deputies were unable to make contact with anyone at the residence and were unable to effectuate service. SHERIFF COST:$39.30 SO ANSWERS, 7caa-- September 09,2013 RONR ANDERSON,SHERIFF • • tc)Co ntySuite S enfl,Teleosolt Inc. . . Exhibit "B" • • 'AFFIDAVIT OF GOOD FAITH INVESTIGATION • • • • • • • • File Number: 798770 Attorney Firm: Phelan & Hallinan,LLP Subject: Tara L. Shrawder Current Address: 27 West Factory Street,Mechanicsburg,PA 17055 Property Address: 27 West Factory Street, Mechanicsburg,PA 17055 Mailing Address: 27 West Factory Street,Mechanicsburg,PA 17055 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Tara L.Shrawder-xxx-xx-7534 B. EMPLOYMENT SEARCH Tara L.Shrawder-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Tara L.Shrawder reside(s) at: 27 West Factory Street,Mechanicsburg,PA 17055. IL INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Tara L. Shrawder reside(s) at: 27 West Factory Street,Mechanicsburg,PA 17055.On 10-04-13 our office made a telephone call to the subject's phone number (717) 790-2237 and received the following information:spoke with an unidentified male who confirmed • that Tara L.Shrawder reside(s) at:27 West Factory Street,Mechanicsburg,PA 17055. III. ADDRESS INQUIRY . A. NATIONAL ADDRESS UPDATE On 10-04-13 we reviewed the National Address database and found the following information: Tara L. Shrawder- 27 West Factory Street, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address:no addresses on file. IV. OTHER INQUIRIES A. DEATH RECORDS As of 10-04-13 Vital Records and all public databases have no death record on file for Tara L. Shrawder. 'V. ADDITIONAL INFORMATION OF SUBJECT . . •• A. YEAR OF BrTH . .. • .. . . -• Tara L. Shrawder 1966 ' B. A.K.A. • ' Tara Lee Shrawder;Tara Lee Scheib *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the 4 of 18 Pa c.5,Sec.4904 relating to unsworn falsification to authorities. .44, The above rmati infoon is obtained from available public records and we are only liable for the cost of the affidavit. • • • • • • • Exhibit "C" • • • Phelan Hallinhn, LLP 1 f17.: 1 B.olevardSite l 400.F • One.Penn Center Plaza • • Philadelphia,PA 19103 215-563-7000 FAX#: 215-568-7616 Jason.Seidman, Ext. 1394 Representing lenders:itt Service Department Pennsylvania Januar_r . 2014 TARA L. SHRAWDER 27 WEST FACTORY STREET MECHANICSBURG, PA 17055-6208 RE: SANTANDER BANK,N.A.,FORMERLY KNOWN AS SOVEREIGN BANK,N.A. v. TARA L. SHRAWDER Premises Address: 27 WEST FACTORY STREET,MFCHANICSBURG, PA 17055-6208 CUMBERLAND County,No. 13-4652-C".IVII,TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. in accordance with CUMBERLAND County Local Rule.208.3(9), 1 am seeking concurrence with the requested relief that is, service of the complaint by first class mail and 1 o, tig of rile mute, .rid premises. Please respond to me within one week, by Ziaq Should you have any further questions or concerns,please do not hesitate to contact.me. Otherwise, please he guided accordingly. • Ver r4tl_?f; ou k, l�l han :sal. Ftkowic7., Esq., Id. No.208786 .A .+°"'Fitict.' for Plaintiff 798770 • ►10Z L0.:.uvr tii .9::1,000. l y,7.,,,, ..5 . cc • '�9g� � £0661 dig ,,n • . . • $3AttO9A 34.dYdq Gli soti '(4 `.aJ. T - a•. . -h pp (I)iti4 iJ1j. !li O re,.v i x s l ...° '"8/IA ''' 43 I 4 i t»¢ fi " .,.. tilt] . P 0\c,, a . " . A /> 41.. al. Z 4 AL i F 4 45 IijI'' g. : is I .b 0 a.. ,to pa y44,1,its iI- t� U •. ui � 's 1 It a'8 "� w .. gr° ,8kZE+ N 1 1 . • 1 ii lir g * . z • s d ° 40 'w .E. , r Z < O a • A �- -_ c s . » b--. y .'-,. � z..s: .� - ice. • Phelan Hallinan, LLP • . 1617 JFK Boulevard, Suite 1400 • • • One Penn Center Plaza Philadelphia,PA 19103 _ • 215-563-7000 Attorney for Plaintiff SANTANDER BANK, N.A., FORMERLY Court of Common Pleas KNOWN AS SOVEREIGN BANK, N.A. : Plaintiff • Civil Division vs. • CUMBERLAND County TARA L. SHRAWDER • No. 13-4652-CIVIL TERM Defendant : CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. TARA L. SHRAWDER 27 WEST FACTORY STREET MECHANICSBURG, PA 17055-6208 • • The undersigned understands•that this statement is made subject to the penalties of 18 Pa. •• • C.S. §4904 relating to unsworn falsification to authorities. • Respectfully submitted, PHELAN AL EVAN, LLP VDate: i l 1 By: . , J. n M. Etkowicz, Esq., Id. No.208786 At • ey for Plaintiff 798770 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA. SANTANDER BANK, N.A., FORMERLY Court of Common Pleas KNOWN AS SOVEREIGN BANK, N.A. Plaintiff Civil Division vs.. CUMBERLAND County TARA L. SHRAWDER No. 13-4652-CIVIL TERM Defendant ORDER AND NOW, this 10 day of 1 2014, upon consideration of Plaintiff's motion for Service Pursuant to Special Order of(Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service 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,TARA L. SHRAWDER,by: 1. Posting of the premises: 27 WEST FACTORY STREET, MECHANICSBURG, PA 17055-6208 by the Sheriff or a non-party competent adult; and 2. First class mail to TARA,L. SHRAWDER at the mortgaged premises located at 27 WEST FACTORY STREET, MECHANICSBURG, PA 17055-6208. Service by mail is complete upon the date of mailing. M CO C) C3-r 7 PH#798770/NRU It is further 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. BY T COURT: J. "Prior to fulfilling the requirements of service of Notice of Sale as set forth . this Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In t event this attempted service is not successful,Plaintiff may proceed with service of the Notice of Sale in conformity with this Order. Cc: TARA L. SHRAWDER 27 WEST FACTORY STREET MECHANICSBURG,PA 17055-6208 PH#798770/NRU • • TIICNO 2014 FEB 21 AN 10: .32 PHELAN HALLINAN,LLP . CUMBERLAND COUNTY Emily M.Phelan,Esq.,Id.No.315250 PENNSYLVANIA 1617 JFK Boulevard, Suite 1400 • One.Penn Center Plaza Philadelphia,PA 19103 ' emily.phelan @phelanhallinan.com . • . 215-563-7000 SANTANDER BANK, N.A., FORMERLY : COURT OF COMMON PLEAS KNOWN AS SOVEREIGN BANK, N.A. : • Plaintiff : CIVIL DIVISION • vs. • • : CUMBERLAND COUNTY • • TARA L. SHRAWDER : No. 13-4652-CIVIL TERM Defendants • 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. • • PHEL HALLINAN,I,I.P • By: Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff Date: 7.A /sdk, Svc Dept. S File#798770 0A\- (1. -S- d 4 2tk `7.4)1S1 Phelan Hallinan, LLP Emily M. Phelan, Esq., Id. No.315250 emily.phelan@phelanhallinan.com 1617 IFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. VS. TARA L. SHRAWDER ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION CUMBERLAND COUNTY crqrk No. 13-4652-CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER -0 I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, TARA L. SHRAWDER at 27 WEST FACTORY STREET, MECHANICSBURG, PA 17055-6208 on February 27, 2014, in accordance with the Order of Court dated February 10, 2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DAIE: PH # 798770 /WV By: Phelan Hallinan, LLP Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallinan, LLP AFFIDAVIT OF SERVICE — CUMBERLAND PAW PLEASE POST BY: 03/23/2014 PLAINTIFF COUNTY: COURT CUMBERLAND NO. 13- 4652 -CIVIL TERM SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. DEFENDANT TARA L. SHRAWDER TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 27 WEST FACTORY STREET, MECHANICSBURG, PA 17055 -6208 XX Civil Action Complaint on Promissory Note ** *PLEASE POST THE PROPERTY * ** * * *IN ACCORDANCE WITH THE * * * ** ** *ATTACHED COURT ORDER * * * * ** Served Posted and made known TARA L. SHRAWDER, Defendant on the pt No day of Mq-R L' (1 , 20 (4 at 10 :41$ o'clock, . M., at 27 WEST FACTORY STREET, MECHANICSBURG, PA 17055 -6208, 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: Po6 Teo -rP)- Paop r y Description: Age Height Weight Race Sex Other Ronald Moll , 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 captio -d 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. Sec. 4904 r-lati g unsworn fals. icati.,� to authorit'es. DATE: _24_4 NAME: Ronald Moll PRINTED NAME: Process Server TITLE: NOT SERVED On the day of , 20 , at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: PH # 798770 b ra fU 82 SOVEREIGN BANK, N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL DIVISION TARA L. SHRAWDER, NO: 13 -4652 Defendant REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant, Tara L. Shrawder, lives in the subject real property, which is her primary residence; and 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and have taken all of the steps required in that Notice to be eligible to participate in a Court- supervised Conciliation Conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsw• ., sifi tc. on to au horities. :nice arshawsky, Es uir- Date Y� q Supreme Court I.D. # 58799 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238 -6570 Attorney for Defendant 6- l&Lac a.w-leA Defendant F:\Home \BJW\DOCS \SHRAWDER.TARA \Request for Conciliation Conference.wpd 3) Ii L/ Date SOVEREIGN BANK, N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL DIVISION TARA L. SHRAWDER, NO: 13 -4652 Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Iowa L kraw Kindly allow, proceed in forma pauperis. rrk Plaintiff/Defendant, a� I, Bruce J. Warshawsky, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. CUNNINGHAM & CHERNICOFF, P.C. Date: April 1 , 2014 By: B vfce rr arshawsky, Ore Supreme Court I.D. # 58799 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238 -6570 Attorney for Defendant CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the attached PRAECIPE TO PROCEED IN FORMA PAUPERIS was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: John Michael Kolesnik, Esquire Phelan Hallinan LLP 1617 HI( Boulevard Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Date: April , 2014 F:\Home\BJW\DOCS\SHRAWDER.TARA\In Forma Pauperis Form.wpd Court Administration County of Cumberland One Courthouse Square Carlisle, PA 17013 CUNNINGHAM & CHERNICOFF, P.C. By: ulieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717)238-6570 Abu SOVEREIGN BANK, N.A., Plaintiff v. TARA L. SHRAWDER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO: 13 -4652 PRAECIPE Please kindly file the attached "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet (Form 2)" which has been completed by the Defendant, Tara Shrawder, this date. Date: April (, 2014 CUNNINGHAM & CHERNICOFF, P.C. BY ruce J. Warshaws'squire Supreme Court I. Pl� 58799 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238 -6570 Attorney for Defendant EXHIBIT `A' FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date ! Ao /'7 �J Cumberla d Coun Court of Common Pleas Docket# / 3 14Sa. BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: . Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: Tra hrvw, er a'J trl. hcisry St /17'c anicsba` State: A4 . Zip: /705'j Yes No ©' L'ting dale: Price: $ Realtor Phone: Yes 13 No ❑ State: Zip: Home: 9/7-790 -.1a..37 Office: Cell: '117 - ra`- /38? Other: . How long? 7yrs State: Zip: Home: Cell: Office: Other: How long? First Mortgage Lender: jt /Z 7104‘414A-- Type of Loan: fi -poi RA-It f0 3/f 3 t Ye-1 Loan Loan Number: 0 0.9 (p10 OP %i. Date You Closed Your Loan:.. 7" %T -,dDG Second Mortgage Lender: /`Yyin bets 1 ' x'GQ Type of Loan: Loan Number: . . // 5Total Mortgage Payments Amount: $ . l0 5� Included Taxes & Insurance: ��% Date of Last Payment: Apr; ( ddD/,l Primary Reason for Default: PAG64 Is the loan in Bankruptcy? Yes ❑ No If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Automobile #1 :1V odel: Amount owed: Automobile #2: Mo Amount owed: Amount Owed: Value: $ 106, 110P $ 99, $ $ $ $ $ $ $. $ /109x.' $ $ 195... $ $ V Value: 04 4/3U, Fr�rd WI Ads r• $- Value: — 4 Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: . Value Monthly Income Na a of Employers: (' 1411©/sc J 4r, Year: 04V Year: ` 999 N/A onthly Gross 44/7h D, I Monthly Net /09, 2. 11, , : ., Aims &no lu onthly Gross , ,3:5'O..-7- Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1.. monthly amount:.,.,... 2: monthly amount: Borrower Pay Days: %.,,bin. .. Co- Borrower Pay Days :. Monthly Expenses: (Please onlude expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Ns - Food /25 20a Mortgage /00 . _.. Utilities A30 Car Payment(s) 2/ 3. Condo/Neigh. Fees Auto Insurance . no covered) a.6- Auto fuel /repairs 290 Other prop. payment — Install. Loan Payment TV I IrS Child Support/Alim. S endin ,,Money] "— Day /Child Care/Tuit. --- Expenses... Amount Available for Monthly Mortgage Payments Based on Income & Expenses :. Have you been working with a Housing Counseling Agency? Yes ( No ❑ If yes, please provide the 1 owing irjformation) Counseling;Ageney Phone (Office) :. Fax:, Counselor: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes No ❑ If yes, please indicate the status of the application: dedo,(ii Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquenc ? Yes No ❑ If yes, please indicate the status of those negotiations :... ,, /01//l Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): hone:. Servicing Company (Name): Contact: Phone I/We, L./ / �. �� J/(aw�.. , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Sktai.4„ 3 %/8 Date Co- Borrower Signature Date Please forward this document along with the following information to lender and tender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the attached Praecipe was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: John Michael Kolesnik, Esquire Phelan Hallinan LLP 1617 JFK Boulevard Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Date: April e , 2014 F: \Home\BJ W \DO C S\ SHRA W DER. TARA \praecipe. wp d Court Administration County of Cumberland One Courthouse Square Carlisle, PA 17013 CUNNINGHAM & CHERNICOFF, P.C. Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717)238 -6570 SANTANDER BANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : NO. 13 -4652 CIVIL TARA L. SHRAWDER, Defendant CASE MANAGEMENT ORDER AND NOW, this / 74 day of April, 2014, the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised Conciliation Conference on °,020/ , at 3 % �i' m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. Zhn Kolesnik, Esquire Phelan Hallinan, LLC 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 For the Plaintiff ✓Bruce Warshawsky,Esquire 2320 North Second Street Harrisburg, PA 17110 For the Defendant :rlm BY THE COURT, rn 7: -T, rr tAl cr. SANTANDER BANK, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. TARA L. SHRAWDER, Defendant : CIVIL ACTION : NO. 13-4652 CIVIL IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 2J day of April, 2014, the conciliation conference in the above matter set for June 6, 2014, is rescheduled for Friday, June 20, 2014, at 2:15 p.m. in the Chambers of the undersigned. Kolesnik, Esquire Phelan Hallinan, LLC 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 For the Plaintiff Ifruce Warshawsky,Esquire 2320 North Second Street Harrisburg, PA 17110 For the Defendant 0.40f 1.C.S liloWPC/ BY THE COURT, SANTANDER BANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : NO. 13-4652 CIVIL TARA L. SHRAWDER, Defendant AND NOW, this IN RE: CONCILIATION CONFERENCE ORDER 17. day of June, 2014, the conciliation conference in the above matter set for June 20, 2014, is rescheduled for Friday, August 15, 2014, at 3:15 p.m. in the Chambers of the undersigned. BY THE COURT, Key' Joseph Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff ..,„/Bruce Warshawsky, Esquire 2320 North Second Street Harrisburg, PA 17110 For the Defendant :rlm LEL 1,1/8M '3-71 A. Hess, P.J. Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FILED-OFFIC OF THE PROTHONO AR? nut JUL 23 I10: 26 CUMBERLAND COUNTY PENNSYLVANIA Attorney For Plaintiff SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. Plaintiff v. TARA L. SHRAWDER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -4652 -CIVIL TERM PRAECIPE TO THE PROTHONOTARY: ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. n Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. n Please mark the in rem judgment Satisfied and the action Discontinued and Ended. n Please Vacate the Judgment entered. Date: 1 Ica. Itct PH # 798770 PHEL By: Courtenay R. Dunn, Esq., Id. No. 06779 Attorney for Plaintiff N, LLP i .f Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. Plaintiff v. TARA L. SHRAWDER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -4652 -CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: BRUCE J. WARSHAWSKY, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 N. SECOND ST. HARRISBURG, PA 17110 Date: —1 tc. A It PHELAN HALLINA LLC By: Courtenay R. Dunn, Esq., Id. No.206 9 Attorney for Plaintiff SANTANDER BANK,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-4652 CIVIL TARA L. SHRAWDER, Defendant IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 2'5* day of July, 2014, it appearing that the captioned matter has been settled, the conciliation conference set for August 15, 2014, is cancelled. BY THE COURT, r Kev' A. Hess, P.J. Joseph Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 ZFor e Plaintiff Bruce Warshawsky, Esquire c: 2320 North Second Street C Harrisburg, PA 17110co C— M For the Defendant v,r tv C3 Amcc co C-- 7 �