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HomeMy WebLinkAbout14-0525 Supreme Court-of Pennsylvania t '# Court Commo Pleas , For Prothonotary Use Only: O vl Cover` Sleet CUlBER�Nt)= 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 req uired by law or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: SANTANDER BANK, N.A. Lead Defendant's Name: BRIAN E. MCPHERSON T I Are money damages requested? El Yes Z No Dollar Amount Requested: El within arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self [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 E 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 tt:. PR'0 l fit "40� " l�,r� i . 1 014,1AN27 CUMBERLAND CDON I Y NNSYLVANIA PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 john.krohn@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 BRIAN E. MCPHERSON NO. 1 "I - 5c� j 306 3RD STREET SUMMERDALE, PA 17093 -8012 CUMBERLAND COUNTY MARCALENE E. MCPHERSON 306 3RD STREET SUMNIERDALE, PA 17093 -8012 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE a He #: 937285 �0 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: BRIAN E. MCPHERSON 306 3RD STREET SUMIVIERDALE, PA 17093 -8012 MARCALENE E. MCPHERSON 306 3RD STREET SUMMERDALE, PA 17093 -8012 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 08/24/2006 BRIAN E. MCPHERSON and MARCALENE E. MCPHERSON 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 Book 1963, Page 2751.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 07/01/2013 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 He #: 937285 specified 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 11/14/2013: Principal Balance $118,962.23 Interest $3,748.76 06/01/2013 through 11/14/2013 Late Charges $371.76 Property Inspections $78.96 Non Sufficient Funds Charge $30.00 Mortgage Insurance Premium / $146.18 Private Mortgage Insurance Escrow Deficit $390.60 TOTAL - $123,728.49 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). He #: 937285 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $123,728.49, 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: John D. Kr n, Esq., Id. No.312244 Attorney for Plaintiff He #: 937285 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in the Village of Summerdale, in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, being Lot No. 21, Section B, in the Plan of Summerdale, and being more particularly bounded and described as follows: BEGINNING at a point on the East side of Third Street one hundred ninety -five (195) feet north from the north side of Wayne Street at Lot No. 20; thence along the east side of Third Street sixty -five (65) feet to Lot No. 22; thence along the line of Lot No. 22, one hundred forty-four and sixty -five one hundredths (144.65) feet, more or less, to the western side of a sixteen (16) foot alley; thence along the western side of a sixteen (16) foot alley, sixty -five (65) feet to line of Lot No. 20; thence by line of Lot No. 20 one hundred forty-four and sixty -five one hundredths (144.65) feet to the place of BEGINNING. BEING the same premises which Jill A. Goshorn and Margaret H. Eppley, Administratrixes of the Estate of Lawrence J. Eppley, Jr., by Deed dated November 11, 1997 and recorded . November 14, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 167, Page 920, granted and conveyed unto Bryan R. Harshbarger, Grantor herein. The said Stephanie Harshbarger hereby joins in this conveyance to convey any rights, title or interest she may have in said property by virtue of her spousal rights. PROPERTY ADDRESS: 306 3RD STREET, SUMMERDALE, PA 17093 -8012 PARCEL #09 -12- 2995 -009 He #: 937285 VERIFICATION hereby states that he /she is Mr'>t(,h Y O f 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. DATE: L 6rm e: -f. L In Title: PdO CArue, SANTANDER BANK, N.A. mot' File #: 937285 Name: MCPHERSON He #: 937285 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 #: 937285 FORM 1 IN THE COURT OF COMMON PLEAS SANTANDER BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVAN�h4 Plaintiff(s) -) X" ro � cam.- rn vs. 1°} art ' c n BRIAN E. MCPHERSON �/'� --J 0 MARCALENE E. MCPHERSON - X Defendant s � � G --- O ivil r C-- -1 NOTICE OF RESIDENTIAL MORTGAGE FORECLOSES 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 mu3 contact MidPenn Legal 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 thatlegal representative within 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 you 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 l (gal 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 with 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 John D. Krohn, Esq., Id. No.312244 Attorney for Plaintiff 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: CUSTOM ER/1 11 111 MARY APPLICANT 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-RORROWER 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 "d 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 /Twit. 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: 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) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff THE PRO (HONG tAFC Jody S Smith 2014 FEB 11 PM 3 I Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor ''` PE4NSYLVANIA Santander Bank, N.A. Case Number vs. 2014-525 Brian E. McPherson (et al.) SHERIFF'S RETURN OF SERVICE 01/30/2014 10:57 AM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Brian E. McPherson at 306 Third Street, East Pennsboro Township, Summerdale, PA 17093. JASON'KINSL4ER DEPUTY 01/30/2014 10:57 AM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Brian McPherson, Husband, who accepted as"Adult Person in Charge"for Marcalene E. McPherson at 306 Third Street, East Pennsboro Township, Summerdale, PA 17093. JASON INSle�R, t E UTYt SHERIFF COST: $62.08 SO ANSWERS, January 31, 2014 RONNY R ANDERSON, SHERIFF SANTANDER BANK, N.A. Plaintiff(s) vs. BRIAN E. MCPHERSON and MARCALENE E. MCPHERSON Defendant(s) IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA 14 -525 CIVIL REQUEST FOR CONCILIA ION 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 lives in the subject real property, which is defendant's primary residence; OD 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has 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 false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to nnnsworn falsification to authorities. Signature of Defendant's Counsel/Appointed ntative Signature of Defendant igna e of Defendan 5 )z 44 Z'&' Date Date rn;- SANTANDER BANK, N.A. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA v. BRIAN E. MCPHERSON and MARCALENE E. MCPHERSON Defendant To the Prothonotary: : NO. 14 -525 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS -< co Kindly allow, Brian E. McPherson and Marcalene E. McPherson Defendants, to proceed in forma pauperis. I, Robert P. Kline, 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. Robert P. Kline, Esquire Attorney for Defendants 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 (717) 770 -2540 SANTANDER BANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION (7) -0 M. rn NO. 14-0525 CIVIL z BRIAN E. MCPHERSON and : MARCALENE E. MCPHERSON : Defendants CASE MANAGEMENT ORDER AND NOW, this /3 tif day of March, 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 .Z// , at 3 :06 m,in C=1 3zcs, 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. D. Krohn, Esquire 1617 JFK Blvd., Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 For the Plaintiff ..../16-;-ert P. Kline, Esquire 714 Bridge Street P. 0. Box 461 New Cumberland, PA 17070-0461 For the Defendant :rim • BY THE COURT, SANTANDER BANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 14-0525 CIVIL BRIAN E. MCPHERSON and MARCALENE E. MCPHERSON, : Defendants : MORTGAGE FORECLOSURE ORDER AND NOW, this 7' day of May, 2014, at the request of counsel for the parties, the conciliation conference set for Friday, May 9, 2014, is continued to Friday, June 20, 2014, at 1:45 p.m. in Chambers of the undersigned. BY THE COURT, Kevin A. Hess, P.J. /Troy Sellars, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff -Robert P. Kline, Esquire P. O. Box 461 New Cumberland, PA. 17070 For the Defendants SANTANDER BANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 14-0525 CIVIL BRIAN E. MCPHERSON and MARCALENE E. MCPHERSON, : Defendants : MORTGAGE FORECLOSURE ORDER AND NOW, this 3 P. day of June, 2014, at the request of counsel for the parties, the conciliation conference set for Friday, June 20, 2014, is continued to Friday, August 15, 2014, at 3:00 p.m. in Chambers of the undersigned. Troy Sellars, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff Robert P. Kline, Esquire P. O. Box 461 New Cumberland, PA. 17070 For the Defendants cole F. Chabat Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 :rim BY THE COURT, Kevin . Hess, P.J. rnm z r. zo 2: %eS Y,Za; -�cL/L,py ry) r•= -C- c_ Gn -0 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Of THE ` o_a P`tOrH°©, 2074 JUL 23 4t1 18: 22 AND PENNSYLVANIA Y Attorney For Plaintiff SANTANDER BANK, N.A. Plaintiff v. BRIAN E. MCPHERSON MARCALENE E. MCPHERSON Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 14-525 PRAECIPE TO THE PROTHONOTARY: ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. n Please mark the above referenced case Settled, Discontinued and Ended. Il II Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Please Vacate the Judgment entered. Date: PH # 937285 -fctA Tut PHELAN HALL N. LLP By: Courtenay R. Dunn, Esq., Id. No. 79 Attorney for Plaintiff 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. Plaintiff V. BRIAN E. MCPHERSON MARCALENE E. MCPHERSON Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 14-525 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: ROBERT P. KLINE, ESQUIRE KLINE LAW OFFICE 714 Bridge Street P.O. BOX 461 NEW CUMBERLAND, PA 17070 Date: PHELAN HALLIN , LLP B y: Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff