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Home My WebLink About14-0035 Supreme Court--of Pennsylvania Cour o Comm o Tleas n ) v For Prothonotary Use Only: V -olret sheet CU E 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 of pleadin s 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 Plaintiffs Name: SANTANDER BANK, N.A. Lead Defendant's Name: ZACHARY R. JOHNSON T I Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) 9 outside arbitration limits N Is this a Class Action Suit? []Yes 9 No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: Adam H. Davis, Esq., Id. No.203034, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] 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: 0 ❑ 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 ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa. R.C.P. 205.5 Updated 01/0112011 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 #: 929704 H E" , ! �I'RO THON i 201� JAS` -3 PH 1: �3 CUMBERLAND CQUNTY PENN SYLVANIA PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215 -563 -7000 SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 COURT OF COMMON PLEAS WILMINGTON, DE 19801 CIVIL DIVISION Plaintiff V. TERM ZACHARY R. JOHNSON NO. J C LV 2204 TURKEY VALLEY ROAD LIVERPOOL, PA 17045 -8256 CUMBERLAND COUNTY KATHRYN K. JOHNSON 2204 TURKEY VALLEY ROAD LIVERPOOL, PA 17045 -8256 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE O a,In 4 4 163.7.5 1 3 ( l g l l' � �3�90 File #: 929704 L* ct 1. Plaintiff is SANTANDER 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: ZACHARY R. JOHNSON 2204 TURKEY VALLEY ROAD LIVERPOOL, PA 17045 -8256 KATHRYN K. JOHNSON 2204 TURKEY VALLEY ROAD LIVERPOOL, PA 17045 -8256 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 02/15/2008 ZACHARY R. JOHNSON and KATHRYN K. JOHNSON made, executed and delivered a mortgage upon the premises hereinafter described to SOVEREIGN BANK, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200804796.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 Santander 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 04/01/2013 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 File #: 929704 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage as of 11/19/2013: Principal Balance $143,649.30 Interest $6,393.71 03/01/2013 through 11/19/2013 Late Charges $379.04 Property Inspections $81.40 Property Maintenance $2,946.00 Escrow Deficit $1,272.77 TOTAL $154,722.22 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. The mortgage premises are vacant and abandoned WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $154,722.22, 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 B Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff File #: 929704 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of "F" Street on the dividing line between Lots Nos. 50 and 51 on the hereinafter mentioned Plan of Lots; thence by said'dividing line, North 2 degrees 30 minutes East 139.22 feet to a point; thence North 85 degrees 30 minutes East 3196 feet to a point; thence South 86 degrees 38 minutes 30 seconds East 67.08 feet to a point; thence by the dividing line between Lots Nos. 51 and 52 on said Plan of Lots, South 2 degrees 30 minutes West 138.7 feet to a point on the Northern side of "F" Street; thence by the Northern side of "F" Street, North 87 degrees 30 minutes West 71 feet to the Place of BEGINNING. BEING Lot No. 51 on the Plan of Lots known as the Diehl Tract as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 22, Page 95. BEING improved with a brick and aluminum ranch style dwelling house with separate frame storage shed, and being known a No. 571 "F" Street, Carlisle, PA 17013. PROPERTY ADDRESS: 571 F STREET, CARLISLE, PA 17013 -1350 PARCEL #06 -19- 1643 -377. File #: 929704 VERIFICATION Abet c owt hereby states that he /she is —(L C of SANTANDER 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. I ;_]-i A/ DATE: 13 a "9 " ame: �� Title: U>�C� AdyftLVI SANTANDER BANK, N.A. File #: 929704 Name: JOHNSON File #: 929704 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff P R O T 'C N', "":0 ; tt�'�� k wr?It�tr��r Jody S Smith 2014 MAY —1 AM 10: 20 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Santander Bank, N.A. Case Number vs. 2014-35 Zachary R Johnson (et al.) SHERIFF'S RETURN OF SERVICE 01/03/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Zachary R Johnson, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Juniata, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 01/03/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kathryn K Johnson, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Juniata, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 01/06/2014 03:11 PM -The requested Complaint in Mortgage Foreclosure served by the Sheriff of Juniata County upon Zachary R. Johnson, defendant's spouse,who accepted for Kathryn K Johnson, at 2204 Turkey Valley Road, Liverpool, PA 17074-8256. H.Thomas Lyter, Sheriff, Return of Service attached to and made part of the within record. 01/06/2014 03:11 PM-The requested Complaint in Mortgage Foreclosure served by the Sheriff of Juniata County upon Zachary R Johnson, personally, at 2204 Turkey Valley Road, Liverpool, PA 17045-8256. H. Thomas Lyter, Sheriff, Return of Service attached to and made part of the within record. 01/10/2014 06:30 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Andrew Sandrick, who accepted as"Adult Person in Charge"for Occupant at 571 F Street, Carlisle Borough, Carlisle, PA 17013. „„e49,2 Y JASON KINSkER, EPUTY 01/13/2014 06:30 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Zachary R Johnson, 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 571 F Street, Carlisle Borough, Carlisle, PA 17013. Deputies were advised defendant lives in Juanita County. 01/14/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kathryn K Johnson, 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 571 F Street, Carlisle Borough, Carlisle, PA 17013. Deputies were advised defendant lives in Juanita County. SHERIFF COST: $89.78 SO ANSWERS, April 23, 2014 RONR ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4 Jody S Smith Richard W Stewart Chief Deputy - � `? Solicitor Santander Bank, N.A. Case Number vs. 2014-35 Zachary R Johnson (et al.) SERVICE COVER SHEET O N M Service Details: o Category: Civil Action -Complaint in Mortgage Foreclosure Zone: X Manner: Deputize Expires: 01/31/2014 Warrant: w N Notes: 1 v n ■0 Q a Serve To: Final Service: a Name: Kathryn K Johnson Served: Personal) • Adult In Char.:. • Posted • Other w Primary 2204 Turkey Valley Road Adult In Zachary R. Johnson — Address: Liverpool, PA 17074-8256 Charge: oPhone: DOB:. Relation: Defendant ' s Spouse ce w >- Alternate _. . , Date: 1 /6/1 4 Time: 3: 1 1 PM Address: , Q Deputy: Lyter & .g Mileage: m > Phone: p y" Stimelin g ' 25 w a r Attorney/Originator: ° H Name: Phelan Hallinan Phone: 215-563-7000 i ,' gg ) P•1 Service Attempts: _. Date: , 1 /6/1 4 1 e, °- Time: Mileage: r Deputy:p y' D L/J S {��///y/1♦/�� Notes/Special Instructions: **See Other Return for Costs** Y me this _ day of ,c- - - - '-So x H.''' omas L ter, eriff of Juniat C u ty , 4 a y Y Now, January 03, 2014 I, S of Cumberland County, Pennsylvania do -re•y deputize the Sheriff of Juniata County to execute service of the documents herewith and make return thereof according to law. O z z Return To: x Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 R ny R Anderson, Sheriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,ti4�� .'�,t.zt�;,�� Sheriff Jody S Smith Richard W Stewart Chief Deputy err= , , _. Solicitor Santander Bank, N.A. Case Number vs. 2014-35 Zachary R Johnson (et al.) SERVICE COVER SHEET 0 N •,. M Service Details: O Category: Civil Action -Complaint in Mortgage Foreclosure Zone: X Manner: Deputize Expires: 01/31/2014 Warrant: w N Notes: _ i 4; v 0 , , ii Lo o S c ti i9J r a A €? Serve To Final Service 'i :,'.1 C° O Name: Zachary R Johnson Served: Personally Adult In Charge • Posted • Other a w Primary 2204 Turkey Valley Road Adult In Zachary R. Johnson J Address: Liverpool, PA 17045-8256 Charge: Q Phone: DOB: Relation: Self O cc >- A/ternatE Date: Time: J Address: 1 /6/1 4 3.1 1 I ' > Phone: Deputy: Lyter & Mileage: - i >- Stimeling 25. 8 w te Attorney/Originator: 1- Name: Phelan Hallinan Phone: 215-563-7000 o v ff O � � . Service Attempts: •r e - • Date: 1 /6/1 4 IIIIIIIII Mill a Time: ! 3: 1 1_ PM `� Mileage: 2 5 •1 V N Deputy: DL/JS 111111111 111111111 11111:11111 vA Notes/Special Instructions: `' • Service Costs $24.00 So rs "fi Affidavit 5.00 "��- w ti' t. Mileage 28.46 s Lyt T omas Lyter, heriff / / Total $57.46 Refund $62.54 Juniata Co. / 0 N Now, January 03, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Juniata County to z execute service of the documents herewith and make return thereof according to law. 0 N Return To: z = Cumberland County Sheriffs Office - One Courthouse Square °" Carlisle, PA 17013 Ronny R Anderson, Sheriff