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Home My WebLink About14-0598 i . Q I Supreme Count - - -of Pennsylvania COUP �C111 "Pleas For Prothonotary Use Only: �. Ivitt O. I' et County Docket No:. S, The information collected on this form is used solely for court administration purposes. This form does not supp lement 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 Plaintiffs Name: SANTANDER BANK, N.A. Lead Defendant's Name: ALLEN M. FRY T I Are money damages requested? El Yes 0 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 ❑D No A Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esg., Id. No.312244, Phelan Halligan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Place an "X" to the left of the ONE case category that most accurately describes your Case 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 j MASS TORT ❑ Other: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration $ ❑ 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 01/01/2011 P A' 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 ALLEN M. FRY NO. I 1 " 3516 WALNUT STREET, APARTMENT D CAMP HILL, PA 17011 -2754 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE J � 13g85y� File #: 939448 -)9 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: ALLEN M. FRY 3516 WALNUT STREET, APARTMENT D CAMP HILL, PA 17011 -2754 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 06/15/2011 ALLEN M. FRY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR SOVEREIGN BANK, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 201117876. By Assignment of Mortgage recorded 11/26/2012 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201236284.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 specified File #: 939448 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 12/18/2013: Principal Balance $130,718.63 Interest $3,201.72 06/01/2013 through 12/18/2013 Late Charges $205.20 Property Inspections $61.40 Property Preservation $347.80 Mortgage Insurance Premium 1 $58.82 Private Mortgage Insurance Escrow Deficit $526.98 TOTAL $135,120.55 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). 10. The mortgage premises are vacant and abandoned File #: 939448 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $135,120.55, 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. Kro , Esq., Id. No.312244 Attorney for Plaintiff File #: 939448 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in New Cumberland Borough, County of Cumberland, Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the easterly line of Hillside Road at the northerly line of lands now or late of New Cumberland Homes, Inc.; thence along the latter lands eastwardly parallel with Fifth Street, a distance of one hundred forty-seven and thirty-eight hundredths (147.38) feet to a point; thence northwardly, on a line parallel with Hillside Road, a distance of one hundred twenty - seven and fifty -two hundredths (127.52) feet to a point; thence westwardly, and at right angles to Hillside Road, a distance of one hundred thirty-one (13 1) feet to the easterly line of Hillside Road; thence southwardly, along the easterly line of Hillside Road, a distance of sixty (60) feet to land now or late of New Cumberland Homes, Inc., the place of BEGINNING. HAVING THEREON ERECTED a single dwelling house known as 501 Hillside Road. UNDER AND SUBJECT to a five -foot utility easement across the rear of said lot. PROPERTY ADDRESS: 501 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070 -1865 PARCEL #25 -24- 0811 -193 File #: 939448 y VERIFICATION ivrPCf �t�.� hereby states that he /she is Iq{ (?'1I n (sh'a 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. DATE: 01 4AN$0 Name: Zgt1(.e1 IP-- Title: ��Cr (.� �� d. VYl o i s {x6C SANTANDER BANK, N.A. File #: 939448 Name: FRY File #: 939448 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 #: 939448 IN THE COURT OF COMMON SANTANDER BANK, N.A. PLEAS Plaintiff(s) OF CUMBERLAND COUNTY, PENNSTLVANIA VS. ALLEN M. FRY Defendants) ` OO Civil 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 an attorney, 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 Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the 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 file 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 attempt to work out a 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 the 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 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 our reasonable arrangements 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: C Date Signature of 06unsel for Plaintiff r CS c =CD _ 3 °ter - Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please 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 - Please provide the following information to the best of your knowledge: CUSTOM Ell/1"RI MAIZY 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? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFOIZMATION 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 #l: 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. 2. 3. 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" 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 Support/Alim. Spending Money Day /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: 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 you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION i 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 services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this page along with the following information to lender: 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 RAnderson ` �� ii ,;,` = � Sheriff �� i ''� �� 0- t , tataralr£t7dL gyp:f ti Jody S Smith ;TR FEI3 1 9 Chief Deputy Richard W Stewart CUMBER }f COUNTY Solicitor ->r -�� =r;,=- PEN,S YLv Santander Bank, N.A. vs. Case Number Allen Michael Fry 2014-598 SHERIFF'S RETURN OF SERVICE 01/31/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Allen Michael Fry, 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 Found"at 501 Hillside Road, New Cumberland Borough, New Cumberland, PA 17070. Per the defendant the residence is vacant. 02/06/2014 02:16 PM- Deputy Ronald Hoover, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Joanne Fry, Mother of defendant, who accepted as "Adult Person in Charge"for Allen Michael Fry at 6403 Lexington Drive, Hampden Township, Mechanicsburg, PA 17050-1934. RONALD HOOVER, DEPUTY SHERIFF COST: $85.46 SO ANSWERS, February 07, 2014 RONNY R ANDERSON, SHERIFF U £ Tr, GTO5`, PHELAN HALLIIVAN, LLP 2014 JUN -6 Ail Jonathan Lobb, Esq., Id. No.312174" 1617 JFK Boulevard, Suite 1400 1i NR1_ 4NO COUNTY One Penn Center Plaza 1 NS'r' VA if Philadelphia, PA 19103 Jonathan.Lobb @ phelanhallinan:com 215-563-7000 SANTANDER BANK, N.A. vs. ALLEN M. FRY Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -598 -CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ALLEN M. FRY, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $135,120.55 TOTAL $135,120.55 I hereby certify that (1) the Defendant's last known addresses are 501 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1865 and 6403 LEIGHTON DRIVE, MECHANICSBURG, PA 17050, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. / Date ( (( Joffathan Lobb, Esq., Id. No.312174 Attorney foy�lainti DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 939448 PROTHONOTARY -... jLfi Piattnai 9394 8 '2°4°9Y Department of Defense Manpower Data Center Results as of : Jun -05-2014 12:08:35 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act. Last Name: FRY First Name: ALLEN Middle Name: M Active Duty Status As Of: Jun -05-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA _ No - NA r This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA -- NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA• - No NA This response reflects whether the individual or his/her unit has received early 'notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed -Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. r�. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised SANTANDER BANK, N.A. vs. ALLEN M. FRY : CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -598 -CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on lot 'p I (4 By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 939448 SANTANDER BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION NO. 14 -598 -CIVIL Defendant(s) CUMBERLAND COUNTY v. ALLEN M. FRY TO: ALLEN M. FRY 501 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1865 DATE OF NOTICE: ke,116( THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE .CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 939448 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Jona R "it Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 SANTANDER BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. ALLEN M. FRY Defendant(s) TO: ALLEN M. FRY 6403 LEIGHTON DRIVE MECHANICSBURG, PA 17050 DATE OF NOTICE: NO. 14 -598 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR AT IBMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 939448 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Jona n Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Santander Bank, N.A. Plaintiff V. Allen M. Fry Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due COURT OF COMMON PLEAS CIVIL DIVISION • NO.: 14 -598 -CIVIL CUMBERLAND COUNTY $135,120.55 Interest from 06/07/2014 to Date of Sale $1,976.69 ($22.21 per diem) TOTAL $137,097.24 Note: Please attach description of property. PH # 939448 ttc.H6 1617S 1 I it a a( ?or Ph n Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff .041A-1 a Ngto(-426 • %UciLico J,' bf Cl --, •-; LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in New Cumberland Borough, County of Cumberland, Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the easterly line of Hillside Road at the northerly line of lands now or late of New Cumberland Homes, Inc.; thence along the latter lands eastwardly parallel with Fifth Street, a distance of one hundred forty-seven and thirty-eight hundredths (147.38) feet to a point; thence northwardly, on a line parallel with Hillside Road, a distance of one hundred twenty-seven and fifty-two hundredths (127.52) feet to a point; thence westwardly, and at right angles to Hillside Road, a distance of one hundred thirty-one (131) feet to the easterly line of Hillside Road; thence southwardly, along the easterly line of Hillside Road, a distance of sixty (60) feet to land now or late of New Cumberland Homes, Inc., the place of BEGINNING. HAVING THEREON EREC FED a single dwelling house. UNDER AND SUBJECT to a five-foot utility easement across the rear of said lot. TITLE TO SAID PREMISES IS VESTED IN Allen M. Fry, single, by Deed from Steven R. McNeal and Jeanne K. McNeal, h/w, dated 06/15/2011, recorded 06/27/2011 in Instrument Number 201117875. PREMISES BEING: 501 Hillside Road, New Cumberland, PA 17070-1865 PARCEL NO. 25-24-0811-193 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Santander Bank, N.A. Plaintiff v. Allen M. Fry Defendant(s) U''iBFRL AND CDLM PENNSYLVANIA. CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -598 -CIVIL . Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non -owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Pl an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Santander Bank, N.A. Plaintiff v. Allen M. Fry Defendant(s) 13: CUMBERLAND CCU; i PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -598 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Santander Bank, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 501 Hillside Road, New Cumberland, PA 17070-1865. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Allen M. Fry 6403 Leighton Drive Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Allen M. Fry 6403 Leighton Drive Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 15530 Harrisburg, PA 17105 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Borough of New Cumberland Police Department 1120 Market Street P.O. Box 220 New Cumberland, PA 17070 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 939448 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Address (if address cannot be reasonably ascertained, please indicate) 501 Hillside Road New Cumberland, PA 17070-1865 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: cl 1 4c( PH # 939448 By: ,� Pan Ha linan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Santander Bank, N.A. Allen M. Fry 'ljr`iBER /4 NDC 0 11 1 : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 14 -598 -CIVIL Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Allen M. Fry 6403 Leighton Drive Mechanicsburg, PA 17050 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 501 Hillside Road, New Cumberland, PA 17070-1865 is scheduled to be sold at the Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $135,120.55 obtained by Santander Bank, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION_ CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -598 -CIVIL Santander Bank, N.A. v. Allen M. Fry owner(s) of property situate in NEW CUMBERLAND BOROUGH, CUMBERLAND County, Pennsylvania, being 501 Hillside Road, New Cumberland, PA 17070-1865 Parcel No. 25-24-0811-193 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $135,120.55 Attorneys for Plaintiff Phelan Hallinan, LLP A LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in New Cumberland Borough, County of Cumberland, Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the easterly line of Hillside Road at the northerly line of lands now or late of New Cumberland Homes, Inc.; thence along the latter lands eastwardly parallel with Fifth Street, a distance of one hundred forty-seven and thirty-eight hundredths (147.38) feet to a point; thence northwardly, on a line parallel with Hillside Road, a distance of one hundred twenty-seven and fifty-two hundredths (127.52) feet to a point; thence westwardly, and at right angles to Hillside Road, a distance of one hundred thirty-one (131) feet to the easterly line of Hillside Road; thence southwardly, along the easterly line of Hillside Road, a distance of sixty (60) feet to land now or late of New Cumberland Homes, Inc., the place of BEGINNING. HAVING THEREON ERECTED a single dwelling house. UNDER AND SUBJECT to a five-foot utility easement across the rear of said lot. TITLE TO SAID PREMISES IS VESTED IN Allen M. Fry, single, by Deed from Steven R. McNeal and Jeanne K. McNeal, h/w, dated 06/15/2011, recorded 06/27/2011 in Instrument Number 201117875. PREMISES BEING: 501 Hillside Road, New Cumberland, PA 17070-1865 PARCEL NO. 25-24-0811-193 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net SANTANDER BANK, N.A. Vs. ALLEN M. FRY WRIT OF EXECUTION NO 14-598 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $135,120.55 L.L.: $.50 Interest FROM 6/7/2014 TO DATE OF SALE ($22.21 PER DIEM)- $1,976.69 Atty's Comm: Atty Paid: $234.21 Plaintiff Paid: Date: 6/6/14 (Seal) REQUESTING PARTY: Name: JOHN LOBB, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 Due Prothy: $2.25. Other Costs: David D. Buell, Prothonota Deputy Phelan Hallinan, LLP r Jonathan M. Etkowicz, Esq., Id. No.2018 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 Cir THE PRO fHOSOc:1-4' 2014 JUL IU 41;10: 27 RL HS AND COfi LI . T 'l� LVANIA SANTANDER BANK, N.A. Plaintiff v. ALLEN M. FRY ORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -598 -CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff', by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 30, 2014. 2. Judgment was entered on June 6, 2014 in the amount of $135,120.55. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 3, 2014. 939448 1 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through September 3, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Mortgage Insurance Premium to be Paid Escrow Deficit $130,718.63 $7,306.84 $34.20 $2,075.00 $684.21 $161.40 $972.80 $294.10 $2,238.09 TOTAL $144,485.27 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 9, 2014.and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 939448 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 7/q//y By: Phelan Hallinan, LLP Jo A 3 . Etkowicz, Esquire EY FOR PLAINTIFF 939448 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathametkowicz@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. Plaintiff v. ALLEN M. FRY Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -598 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES L BACKGROUND OF CASE ALLEN M. FRY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 501 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1865. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 939448 1 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co.. 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, 939448 2 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 939448 3 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 939448 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 939448 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 939448 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 939448 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 7/ 5/1Y By: Phelan Hallinan, LLP 8 an M. Etkowicz, Esquire ey for Plaintiff 939448 Exhibit "A" 939448 PHELAN HALLINAN, LLP 1014 JON --6 An 10: 1 Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312.8�� b One 7Penn Boulevard,CK nter Plaza 161mte 1400 pENNS AND COUNTY Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 ATTORNEY FILE GOP? SANTANDER BANK, N.A. 1D COUNTY vs. ALLEN M. FRY COURT OF COMMON PLEAS CIVIL DIVISION No. 14 -598 -CIVIL PRAECIPE FOR IN RE GMENT FOR FAILURE TO ANSWER AND h' DAMAGES ts Pr ETURN TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ALLEN M. FRY, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $135,120.55 41rTORNEr /COPy $135,12055 I hereby certify that (1) the Defendant's last known�addresses are 501 HILLSIDE ROAD, NEW CUMBERLAND, PA 17070-1865 and 6403 LEIGHTON DRIVE, MECHANICSBURG, PA 17050, and (2) that notice has been given in accordance with Rule Pa. .C.P 237.1. Date IC/1y . . Joffathan Lobb, Esq., Id. No.312174 Attorney for Paintiff TOTAL DAMAGESt ARE HEREBY ASSESSED AS INDICATED. DATE: Ul Lk PH # 939448 PROTHONOTARY 939448 Exhibit "B" 939448 PHELAN HALLIN AN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAV: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania July 1, 2014 ALLEN M. FRY 3516 WALNUT STREET APARTMENT D CAMP HILL, PA 17011-2754 RE: SANTANDER BANK, N.A. v. ALLEN M. FRY Premises Address: 501 HILLSIDE ROAD NEW CUMBE CUMBERLAND County CCP, No. 14 -598 -CIVIL Dear Defendant, AND, PA 17070 Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 7/7/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. our onath u Et1( 1 z, Esq., Id. No.208786 v for Plaintiff re 939448 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. Plaintiff v. ALLEN M. FRY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -598 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. ALLEN M. FRY 3516 WALNUT STREET APARTMENT D CAMP HILL, PA 17011-2754 ALLEN M. FRY 6403 LEIGHTON DRIVE MECHANICSBURG, PA 17050 DATE: 7/q/t(( By: ALLEN M. FRY 501 HILLSIDE ROAD NEW CUMBERLAND, PA 17070-1865 Phelan Hallinan, LLP an M. Etkowicz, Esquire ORNEY FOR PLAINTIFF 939448 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SANTANDER BANK, N.A. Plaintiff v. ALLEN M. FRY Defendant AND NOW, this / `� day of RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -598 -CIVIL 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and iso hearing will be scheduled on this matter. 939448 -4 •.-) PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 FLED -OFFICE CF THE PROTHONOTARY 2014 JUL 30 AM !f 14 L€.r� Attorney for P1fBEBLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A. Plaintiff, v. ALLEN M. FRY Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 14 -598 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA . ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: ?/2717fr. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 939448 Name and Address Of Sender Phelan Hallinan, LLP 00 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/CET - 09/03/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address Postage A fp �, mow. r v_ -i 1 •••• TENANT/OCCUPANT 501 HILLSIDE ROAD • NEW CUMBERLAND, PA 17070.1865 $0.47 2 •••• Borough of New Cumberland Police Department 1120 MARKET STREET P.O. BOX 220 NEW CUMBERLAND, PA 17070 $0.47 3 vino* Pennsylvania Housing Finance Agency 211 NORTH FRONT STREET P.O. BOX 15530 HARRISBURG, PA 17105 $0.47 4 •••• Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013:• $0.47 5 •••• Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 6 •••• Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 $0.47 7 •••• U.S. Department of Justice US. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108.1754 $0.47 ,,. t., Toth Nunlar of Pow Listed by Sada Taal Member of Pio= Rad.ed o1 Poe 011kc Pamper. Pa (None of Rcalrin3 Empb,a) The full daltraiion of aloe Is wired as all dorm:air and intanollonol retk for the recmwrvcrion of nonnetai.bk daumenu under Ecpau Mail doesu en and mil. Tic maslnom iadcmnny payabk mcamruaion imam= is 750.000 Pa on Eaprev Mau marl odiae a $500. Imurnce. Sc, Dooalk Mall Manuel pkat intim to a Rah o(3500.000 pee oocuaeae, The masimum indcndry payabk Tie rrauoinarm indermlly payable is 525.000 for reemaed mail acre widropcoai R900 59913 and 5911 for Iimiulloa of co vale. Form 3877 Facsimile IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A. NO. 14 -598 -Civil Plaintiff Civil Division V. ALLEN M. FRY, Defendant DEFENDANT'S RESPONSE TO RULE TO SHOW CAUSE Trico fir-- C) czi nit -4 '13 r. Na r'3 0.) AND NOW, this2day of July, 2014, comes Allen M. Fry, Defendant, by Smigel, Anderson & Sacks, LLP, Robert L. Knupp, Esquire, and responds to the Plaintiff's Motion to Reassess Damages Motion as follows: 1. Plaintiff has pleaded that "Plaintiff's Foreclosure Judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief." [Para. 8, Motion] 2. Plaintiff's attached brief on page 2 states, "Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property." 3. On page 3 of the same brief, Plaintiff states "Conversely amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability." 4. Defendant has been discharged in bankruptcy. A copy of the Discharge Order by the Honorable Mary D. France, United States Bankruptcy Judge, is attached hereto as Exhibit "A" and incorporated herein by reference. 1 5. The Defendant takes no position with respect to the requested relief except that Defendant believes that relief is indeed "in rem" only and will impose no personal liability upon the Defendant due to the representations made by the Plaintiff and by the Defendant's discharge in bankruptcy. Respectfully submitted, Robert L. Knupp, Attorney ID No. 07083 SMIGEL, ANDERSON & SACKS, LLP 4431 North Front St. Harrisburg, PA 17110 (717/234-2401); FAX (717)234-3611 rknupp(&..sasllp.com VERIFICATION I, Allen M. Fry, Defendant, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Dated: By: s!. B18 (Official Form 18) (12/07) United States Bankruptcy Court Middle District of Pennsylvania Case No. 1:13—bk-03792—MDF Chapter 7 In re Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address): Allen M. Fry 3516 Walnut Street Apt D Camp Hill, PA 17011 Social Security / Individual Taxpayer ID No.: xxx—xx-6225 Employer Tax ID / Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). Dated: 10/31/13 BY THE COURT 7-2794-D-' Mary D. France United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. Case 1:13-bk-03792-MDF Doc 16 Filed 10/31/13 Entered 10/31/13 01:00:17 Desc Ch 7 ni h .AMP Dnriem esf B18 (Official Form 18) (12/07) — Cont. EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Discharged Some of the common types of debts which are poi discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 1:13-bk-03792-MDF Doc 16 Filed 10/31/13 Entered 10/31/13 01:00:17 Desc Ch 7 Discharge Page 2 of 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A. NO. 14 -598 -Civil Plaintiff Civil Division v. ALLEN M. FRY, Defendant CERTIFICATE OF SERVICE I hereby certify that on this Q fit of July, 2014, I served the within Response to Rule to Show Cause by United States Mail, postage prepaid to the following: Jonathan M. Etkowicz, Esquire Phelan Hallinan, LLP 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 cc: Allen M. Fry 6403 Lehighton Drive Mechanicsburg, PA 17050 Respectfully submitted, ,tte,,,e,t;t, Robert L. Knupp, Esquire Attorney ID No. 07083 SMIGEL, ANDERSON & SACKS, LLP 4431 North Front St. Harrisburg, PA 17110 (717/234-2401); FAX (717)234-3611 rknupp@sasllp.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t',!_E -Gr:F Sheriff i ti i_ PRoilictio r .,st37 0'C 4aFlR/inpx. A.f� Jody S Smith Chief Deputy Richard W Stewart Solicitor FF 2f11.(4 DEC 31 PM `: 3 c. NBERLAND COUNTY PENNSYLVANIA Santander Bank, N.A. vs. Allen Michael Fry Case Number 2014-598 SHERIFF'S RETURN OF SERVICE 06/19/2014 06:51 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Allen Michael Fry but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 3516 Walnut Street, Apt B, Camp Hill, PA 17011, current resident states that the defendant has not resided at address stated for approx. 2 months, left forwarding at post office of: 6403 Lexington Drive, Mechanicsburg, PA 17050. cab. 06/20/2014 05:26 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 501 Hillside Road, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County. 07/02/2014 05:24 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Joanne Fry, mother, who accepted as "Adult Person in Charge" for Allen Michael Fry at 6403 Lexington Drive, Hampden Township, Mechanicsburg, PA 17050-1934, Cumberland County. 09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of Santander Bank, N.A., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $842.80 SO ANSWERS, November 12, 2014 „-iC)JfltYSe,e F.Theriif'reloo s<.ft. 1m RSON, SHERIFF N';? -1R rNDER w •00 pi. &J d 9f /Mr 3/s-aea