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HomeMy WebLinkAbout14-0631 j Supreme Court of Pennsylvania Cour br Comm - Pleas / ti : For Prothonotary Use Only: Giv>iPC ; h °eet CUMBE County Docket No: 1 , N �11 f-A The information collected on this form is used solely for court administration purposes. This form does not supplement or rep lace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: ❑O Complaint ❑ Writ of Summons ❑ Petition B+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: SANTANDER BANK, N.A. Lead Defendant's Name: BRIAN E. DANZIS T I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits U (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes x❑ No A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb, Esg., Id. No.312174, Phelan Hallinan LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 0110112011 Vo U, . PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Jonathan.Lobb@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. DANZIS NO. j q 6 2 J, t U 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055 -5181 CUMBERLAND COUNTY RITA A. SNYDER - DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055 -5181 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108 -1754 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 934079 � I ?S?9 �- 3olilf� 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. DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055 -5181 RITA A. SNYDER - DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055 -5181 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108 -1754 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 02/02/2000 BRIAN E. DANZIS and RITA A. SNYDER - DANZIS 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 1595, Page 121.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 File #: 934079 of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage as of 01/17/2014: Principal Balance $471,966.79 Interest $8,401.34 06/01/2013 through 01/17/2014 Late Charges $1,038.99 Property Inspections $41.40 Escrow Deficit $26,387.96 TOTAL $507,836.48 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 action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 934079 11. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (A). United States vs. BRIAN E. DANZIS, RITA A. SNYDER- DANZIS; CUMBERLAND Docket No. 2011 -4749; Filed 06/03/2011; in the amount of $191,115.02 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $507,836.48, 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: Jo tan Lobb, Esq., Id. No.312174 Attorney for Plaintiff File #: 934079 LEGAL DESCRIPTION ALL THAT CERTAIN piece or tract of land situate in the Township of Upper Allen, County of Cumberland and Sate of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the intersection of the center lines of South York Street (L.R. 21076) and Chestnut Ridge Drive, which said point of beginning is on the line dividing Lots Nos. 1 and 4 on the hereinafter mentioned Plan of Lots; thence along the center line of South York Street, South 06 degrees 19 minutes 00 seconds West 115.42 feet to a point in the center line of said South York Street; thence through said South York Street and along lands now or formerly of Oscar E. Squire and Shirley M. Squire, his wife, (Lot No. 1 on 'Final Subdivision Plan for Drs. B. K. Strock, O. G. Hoerner, J. J. Hanlon and J. P. Yeager', which Plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 24, Page 68), North 83 degrees 42 minutes, 00 seconds West 143.10 feet to a point; thence further by lands now or late of Oscar E. Squire and Wife, South 29 degrees 27 minutes 00 seconds West 345.33 feet to a point; thence further by same and beyond, South 51 degrees 40 minutes 00 seconds East 298.51 feet to a spike in South York Street (L.R. 21076); thence through said South York Street, South 11 degrees 08 minutes 00 seconds West 11.24 feet to a point; thence further through said South York Street and beyond, South 38 degrees 00 minutes 00 seconds West 15 feet to an iron pin at line of lands now or formerly of Merle Stambaugh; thence by said last mentioned lands, North 51 degrees 40 minutes 00 seconds West 707.49 feet to a point on the dividing line between Lots Nos 3 and 4 on the Plan of Lots hereinafter mentioned, thence by said dividing line between Lots Nos 3 and 4 on said plan, North 44 degrees 51 minutes 23 seconds East 583.09 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of said Chestnut Ridge Drive, South 45 degrees 08 minutes 37 seconds East 346.50 feet to the center line of said South York Street (L.R. 21076), the point and place of BEGINNING. BEING Lot No. 4 on 'Final Subdivision Plan of a 20.17 acre Tract of Land for: J. R. Freshman, Gene Rhoad, James Yeager' which Plan is recorded in the Recorder's Office in and for said Cumberland County in Plan Book 38, Page 83. UNDER AND SUBJECT TO restrictions, reservations and easements of record. PROPERTY ADDRESS: 301 CHESTNUT RIDGE DRIVE, MECHANICSBURG, PA 17055 -5181 PARCEL #42 -10- 0646 -045. Filet 934079 e VERIFICATION � 1 �� , hereby states that he /she is ACS ►M' (1 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 unworn falsification to authorities. DATE: DI Name: �cZfl l ll� Title: : &112 Z� @ u �'� ►` M i A SANTANDER BANK, N.A. File #: 934079 Name: DANZIS File M 934079 FORM 1 IN THE COURT OF COMMON PLEAS SANTANDER BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) - - -.� VS. r n BRIAN E. DANZIS RITA A. SNYDER - DANZIS THE UNITED STATES OF AMERICA C/O THE f �•• UNITED STATES ATTORNEY FOR THE - MIDDLE DISTRICT OF PA Defendant(s) j ` 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 a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must preside the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you willhave an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so ]hat 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: � 13 ► ILL! Date J athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff M1 1 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/PRIMARY 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 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: Priniga 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 41: 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: I . Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): I . monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. I 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) 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 #: 934079 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F 1'`P N Ul Jody S Smith Chief Deputy 2014 FEB 20 PH 2: ' Richard W Stewart ✓UMBERLM40 G��l�l'�T`� Solicitor � � u�, PENNSYLVAN"% Santander Bank, N.A. Case Number vs. Brian Edward Danzis (et al.) 2014-631 SHERIFF'S RETURN OF SERVICE 02/07/2014 07:36 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Brian Edward Danzis at 301 Chesnut Ridge Drive, Upper Allen, Mechanicsburg, PA 17055. JA80fi KIN UTY 02/07/2014 07:36 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Rita A Snyder-Danzis at 301 Chestnut Ridge Drive, Upper Allen, Mechanicsburg, PA 17055. JA'8OK(KINSk49R4LPUTY SHERIFF COST: $55.30 SO ANSWERS, x. 2X� February 10, 2014 RON ... R ANDERSON, SHERIFF AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK PH # 934079 DEFENDANT SERVICE TEAM / bsp BRIAN E. DANZIS COURT NO.: 14- 631 -CIVIL RITA A. SNYDER - DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: MAIN JUSTICE BUILDING 950 PENNSYLVANIA AVENUE, N.W. WASHINGTON, DC 20530 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action C: C -vim r•, J,' Z r- t c� , LPq c ra ---t cam' V n C r C J.'" 4Z SERVED "G Served and made known to THE UNITED STATES OF AMERICA C/ T E UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA, Defendant on the o25 -day of > - . 20 Pi , at /1X 5 , o'clock A M.. at _51911 A-5 i4%jtnJC , in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager /Clerk of place of lodging in which Defendant(s) reside(s). gent or person in charge of Defendant's office or usual place of business. $7-&—Frerr-.3 CDr141)N1/ an officer of said Defendant's company. Other: Description: Age -30 Height ('/ 6/ 31'Weight 117-1 L°Race . Sex M. Other I, J n4S i, rtv7t ca ompetent adult, being duly sworn according, to law, depose and statel that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, is§uedin'llie captioned case on the date and at the address indicated above. �•' •.•••••••. H �1 ' rti\: (:o 00 • :: �+ • U gyp. Sworn to and subsc before me this of, NOT SERVED e day +rte 20_,, at o'clock _. M., I, D fondant NOTFO ' • . cause _ Vacant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _No Answer on at ey )0C- tom: 1tJ •'iii CRVtI?JQi`w`' <. "A R`l 0.• , a competeht'adulthereby state that Service Refused Other: Sworn to and subscribed before me this day of , 20 . Notary: By: at ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 " Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., ]d. No. 206779 Mario J. Hanyon, Esq., Id. No. 203993 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Zachary J. Jones, Esq., Id. No. 310721 Justin F. Kobeski, Esq., Id. No. 200392 Adam Davis, Esq., Id. No. 203034 Joseph E. DeBarberie, Esq., Id. No. 315421 EMILY M. PHELAN, Esq., Id. No. 315250 ' One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 OF FILED-01-,=i HE PROTHONOT/Ai 2E14 JUL 22 4111O: tf CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 Attorney for Plaintiff SANTANDER BANK, N.A. Court of Common Pleas 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 Civil Division Plaintiff No. 14 -631 -CIVIL v. Cumberland County BRIAN E. DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Santander Bank, N.A. (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On February 4, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against 934079 Defendants for their failure to make monthly payments of principal and interest upon their mortgage due July 1, 2013, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On February 7, 2014, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendants may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendants have not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants have failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 934079 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: 2A VI BY: 934079 Respectfully submitted, PHELAN HALLINAN, LLP Schal , Esquire ey for Plaintiff exhibit "A" PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb ephelanhalllnan.00m 215-563-7000 ATTORNEY FOR PLAINTIFF SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 COURT OF COMMON PLEAS WILMINGTON, DE 19801 CIVIL DIVISION Plaintiff TERM BRIAN E. DANES NO. )LJ L.03 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE IV E ANICSBURG PA 17055-518 THE UNITED STATES OF AMERICA C/O TH13 UNTIED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 File #: 9340/9 Defendants CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ,TTORNEY FILE CON PLEASE RETURN vv . _. alb Within to bt a true end correct copy of the or1oJnni at..,+ .,{ rACOrc S IL C T I 0 N A S E C T Y 0 N Court4iC.omm ill Pleas over Sheet Gtll`CrZAC" County For Prothonotary Use Only: Docket No; The information collected on this form is used solely for court administration purposes. This form does not :VII mem or rt'.7}!coo the filit rtr and servicew_f plca'l n,'s or other. fla;) rs as twit/1.<W lip law or rules rr1±'c'orrrt. Commencement of Action: © Complaint 0 Writ of Summons ❑ Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff's Name: SANTA.NDER BANK, N.A. Lead Defendant's Name: BRIAN E. DANZIS Are money damages requested? 0 Yes 0 No Dollar Amount Requested: 0 within arbitration limits (Cheek one 0 outside arbitration limits Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑'Yes 0 No Name of Plaintiff/Appellant's Attorney: Jonathan Lobb, Esq., Id. No.312174, Phelan Hallinan, LLP (are a Self -Represented 1Prn Se' Litigant) ❑ Check here if you have no attorney Nature of the Case: Place an "X" to the left of the ONE case category th PRIMARY CASE. If you are making more than one youconsider most itnporttnt.. ORT (do not Include Mass Tart) 0 Intentional ❑ Malicious Prosecution 0 Motor Vehicle ❑ Nuisance 0 Premises Liability © Product Liability (does not include mass tort) ❑ Slander/Libe)/ Defamation 0 Other: AS'S TORT 0 Asbestos 0 Tobacco ❑ Toxic Tort - DES o 'Toxic Tort - Implant L� Toxic Waste D Other: PROI?ESSIONAL LLA ❑ Dental ❑ Legal 0 Medical ❑ Other Professional: iY Pre. R. C P. 205.5 CONTRACT (do not include Judgments, O Buyer Plaintiff 0 Debt Collection: Credit Card D Debt Collection: Other • 0 Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Other: REAL PROPERTY 0 Ejectment ❑ Eminent Domain/Condemnation 0 Ground Rent ❑ Landlord/Tenant Dispute El Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial 0 Partition 0 Quiet Title 0 Other: ast accurately describes your hrt. check the one that pe of c CIVIL APPEALS Administrative Agencies 0 Board of Assessment ❑ Board of Elections ❑ Dept. of Transportation 0 Statutory Appeal: Other Cl Zoning Board ❑ Other: MISCELLANEOUS 0 Common ,LawiStatutory Arbitration 0 Declaratory Judgment ❑ Mandamus U Non -Domestic Relations Restraining Order 0 Quo Wanranto 0 Replevin ❑ Other: Updated 01/2 ftiport I IN THE COURT OF COMMON PLEAS SANTANDER, BANK, N,A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs, BRIAN E, DANZIS RITA A. SNYDER-I)ANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) 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. Illott do not have•ji lavilyer,.yott must take,the following steps to be eligible for a conciliation conference, First, witifin:tweiTiy (20)days ofyoUr receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 extension 7510 or (OO) 822-5288 extension 25t0 and request appoinnriein of a legal representative at no charge to you.. Once yotfhave:been qip-olitted a legarepresentatiVc,'yowninstlironiptly meet with that legal reUreSeni:,itive within twenty (20) days of the appointment date. During that meeting,:you lutist prwidu the legal reircseinatiVc W1014111 remicSictl rintitiefal infill so that it loan restdittion PrOPosiil,chn h prepared on yourbeltalf. If you and your legal tOpicsen Gni ye eomplete a finitnelal worksheet in the formai, ottached.herete, the legal rePreetnintive will prepare and a Request for Conciliation Conference with flue CouttiwhMm must be filed with the Court Within. sixty (60) days -attic serVice Lipon you of the foreclosure cOmpittintif you deizo:'anti u conciliation Conference is scheduled, you willhave an 01.)0()rtcnity to meet with a rapresentativo or your lender in on attempt to work out reasonable arrangements witkyciiii" lentler,before themortgage foreclosure suit If you axe represented bs,iv liniler,youund your loWyer must bike Ike following.steps t� be eligible fora conciliation confcrencc tt is not necessary for you"tc,:contaet MidPenn Legal Service for the appointment of a legal representativc.:HOWOVer; you must provide your leWyer with all reqncsted financial information so inn a lun .soitmm inn proposal c:in•be,preparOd on yourintlia If. I flou and YOur.linvyar cOMpletea firtancial.wOrksheel:iii the formilt itt alit ii hereto, your Ii)W.irei•ykql) prepare and file aRequeSrfor Conciliation Conference with the:Comi,whicIttnnSt hi. tiled within sissty,(10) days or die service upon you 0i -the foreelostire complaint. If yott do so.ond u corn:014On coitfeerlee is seliedulad,-you will have Jut cppertanityte meeLwitke irepyescolotive ()Tyco), lender in no atteiript fp Work out reasonable tirgtiments,With.yourlender beforc-thelnortgage fOteelosttre,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. Date Respectfully submitted: Whim Lobb, Esq., Id. No.312174 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 detennine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: State: Zip: Yes Li No U Listing date: Price: $ Realtor, Phone:: Borrower Occupied? Yes[]; No Mailing Address (if different): City: Phone Numbers: Email: Home: Cell: State:_.Zip: Office: Other: ti of people in household: How long? Mailing Address: City: Phone Numbers: Email: State:_4: Home: Office: Cell: Other; of people in household; How long? First Mortgage Lender: Type of Loan: Loan Number:. Second Mortgage lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & InsuranceL,_ Date of Last Payment: Primary Reason for Default: ls,ttle loan in tsanicruptcyr x es LI IVO U If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ S; Checking: $__ $ Savings: $ $ Other: $ $ Automobile / I: Model: Year: Amount owed: Value; Automobile #2: Model:' Year; Amount owed: Value: Other trap (automobilei, boat.si motorcycles): Model: Year: Amount owed: Value__ Monthly Income Name of Employers: 1. 2. Monthly Gross Monthly Net Monthly Gross, __Monthly Not_ 3. _ —Monthly Gross Monthly Net Additional Income Description (not wages)t monthly amount: . 2. - monthly amount: Borrower Pay Days:,, Co -Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EX E . E AMOUNT 1 3.XPENS : AMOUNT Morita e 2 Mortgage Food ' Utilities Car Payment(s) CondoNeigh. Fees Med. (not covered) _ - .... A Inuurance At jtoLLepai . Install. Loan Payment Other prop.payment Cable TV Child Support/Alint. S ending Money Other ExTenscs Day/Child Cactruit. Amount Available for Monthly Mortgage Payments Based on income & Expenses: Have you been working with a Housing Counseling Agency? Yes Ej No • If yes., please provide the following information: Counseling Agency:_ Phone (Office): Fax:_ Counselor: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEM.AP) assistance? Yes[] .Non If yes, please indicate the status of the appi cation: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes Li No LI 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 Contact: Phone:- l/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 Co -Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249,3166 (800) 990-9108 File II: 934079 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jona than.Lobh @phelanhal linan. eom 215-563-7000. ATTORNEY FOR PLAINTIFF SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 COURT OF COMMON PLEAS WILMINGTON, DE 19801 CIVIL DIVISION Plaintiff v. TERM BRIAN B. DANZIS NO. 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 CUMBERLAND COUNTY RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE F1Ic# 934079 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. DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 THE UNITED STA FES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX. 11754 HARRISBTJRG, PA 17108-1354 who is/are the mortgagor(s) andior:real.-owner(s) ofthe propertyhereinafter described. 3. On 0210212000 BRIAN.E.DANZIS and RIT.A A. SNYDER-DANZISmade, executed and. delivered a mortgage.uponthe premises hereinafter described to SOVEREIGN BANK , which mortgage is.recordedin the Office of the Recorder of Deeds of' CUMBERLAND County, in:Book 1595, }age 1,21„The niortgageand assignment(s), if any, are matters of public -record -and areincomorated herein -by reference inaccordance with pik.R..cp. 1019(g); -which Rule relieves the Plaintiff from its.obligationsip attach, documents to pleadings ifthose-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 .interest upon said mortgage due 07101/2013- and each 'monththereafter are due and unpaid, and by the terms Pile 4 934079 11. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (A). United States vs. BRIAN E. DANZIS, RITA A. SNYDER- DANZIS; CUMBERLAND Docket No. 2011-4749; Filed 06/03/2011; in the amount of $191,115.02 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $507,836.48, 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. By: Pik, II: 934070 PHELAN FIALLINAN, LLP ;To .in Lobb.Esq., Id. No.312174 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or tract of land situate in the Township of Upper Allen, County of Cumberland and Sate of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING ata point in the intersection of the center lines of South York Street (L.R. 21076) and Chestnut Ridge Drive, which said point of beginning is on the line dividing Lots Nos. 1 and 4 on the hereinafter mentioned Plan of Lots; thence along the center line of South York Street, South 06 degrees 19 minutes 00 seconds West 115.42 feet to a point in the center line of said South York Street; thence through said South York Street and along lands now or formerly of Oscar E. Squire and Shirley M. Squire, his wife, (Lot No. 1 on 'Final Subdivision Plan for Drs. B. K. Strock, O. G. Hoerner, J. J. Hanlon and I P. Yeager', which Plan, is recorded in the Recorder's Office in and for Cumberland County in Plan Book 24, Page 68), North 83 degrees 42 minutes, 00 seconds West 143.10 feet to a point; thence further by -lands now or late of Oscar E. Squire and Wife, South 29 degrees 27 minutes 00 seconds West 345.33 feet ton point; thence further by same and beyond, South 51 degrees 40 minutes 00 seconds East 298.51 feet to a spike in South York Street (L.R. 21076); thence -through said South York Street, South I degrees 08 minutes 00 seconds West 11.24 feet to a point; thence further through said South York Street and beyond, South 38 degrees 00 minutes 00 seconds West 15 feet to an iron pin at line of lands now or formerly of Merle Stambaugh; thence by said last mentioned lands, North 51 degrees 40 -minutes 00 seconds West 707.49 feet to a point on the dividing line between Lots Nos 3 and 4 on the Plan of Lots hereinafter mentioned, thence by said dividing line between Lots Nos 3 and 4 on said plan, North 44 degrees 51 minutes 23 seconds East 583.09 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of said Chestnut Ridge Drive, South 45 degrees 08 minutes 37 seconds East 346.50 feet to the center line of said South York Street (L.R. 21076), the point and place Of BEGINNING. BEING Lot No. 4 on 'Final Subdivision Plan of a 20.17 acre Tract of Laud for : J. R. Freshman, Gene Rhoad, James Yeager' which Plan is recorded in the Recorder's Office in and for said Cumberland County in Plan Book. 38, Page 83. UNDER AND SUBJECT TO restrictions, reservations and casements of record. PROPERTY ADDRESS: 301 CHESTNUT RIDGE DRIVE, MECHANICSBURG, PA 17055-5181 PARCEL #42-10-0646-045. File th 934079 4.,„„: • iY11.!/..* • VERIFICATION C31. ereby states that he/she is AciPiiii) 1.1rik..1-At 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: File#: 934079 Name: DANZIS 1.9 la 0: 9341)79 ik4 rr\ SANTANDER BANK, N.A. Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 SANTANDER. BANK, NA., FORMERLY KNOWN AS SOVEREIGN BANK Court Number: Expiration Date: Type of Action: MOrtMe Foreclosure CoinTitaint Defendant/s: BRIAN E. DANZIS, RITA A. SNYDER-DANZIS, THE UNITED STATES OF AMERICA C/() THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Serve Upon: BRIAN E. DANZIS Address for Service: 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, .PA 17055-5181 Alternate Address for Service: Type of Service: Personal C) Adult in Charge Deputize 0 Certified Mail 0 Posting (copy of court order required) Special Service Instructions: * *If service is to be made by deputized service to another county please specify which equaty Filing Attorney's Information: Name: Phelan Hallinan, LLP /attorneyName/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telep1).000: 215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717,240.6390 Fx: 717.240.6397 SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Court Nifinber: Expiration Date: Type of Action: Mortgage ForeclosureCom_plaint Defendantis: BRIAN E. DANZIS, RITA A. SNYDER-DANZIS, THE UNITED STATES OF AMERICA C/O :IVE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA - Serve Upon: RITA A. SNYDER-DANZIS Address for Service: 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 57 A ternate Address for Service: Type of of Service: 0 Personal 0 Adult in Charge 0 Deputize 0 Certified Mail 0 Posting (copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county ,.: . _ Filing Attorney's information: Name: Phelan Hallinan, LLP /attorneyName/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 TelpOpne: 215-563-7000 x 1482 Exhibit "B" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r ;Li:J*3FFICI: THE PRO1HON01/,:c, 2011IFEB 20 Pti 2: 58 CUMBERLAND COUNTY PENNSYLVANIA Santander Bank, N.A. vs. Brian Edward Danzis (et al.) Case Number 2014-631 SHERIFF'S RETURN OF SERVICE 02/07/2014 07:36 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program by "personallyhanding a true copy to a person representing themselves to be the Defendant, to wit: Brian Edward Danzis at 301 Chednut Ridge Drive, Upper Allen, Mechanicsburg, PA 17055. JA&)IttgffefTlY —4 7 02/07/2014 07:36 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Rita A Snyder-Danzis at 301 Chestnut Ridge Drive, Upper Allen, Mechanicsburg, PA 17055, JA KINS fe( SHERIFF COST: $55.30 SO ANSWERS, February 10, 2014 Ccrimtv,,to S hc.111.1frlosoll R ANDERSON, SHERIFF PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 Attorney for Plaintiff SANTANDER BANK, N.A. Court of Common Pleas 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 Civil Division Plaintiff No. 14 -631 -CIVIL v. Cumberland County BRIAN E. DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants CERTIFICATION OF SERVICE I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiffs Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: BRIAN E. DANZIS RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 Date: 934079 -21+- By: chal , ' squire ey for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A. Court of Common Pleas 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 Civil Division Plaintiff No. 14 -631 -CIVIL v. Cumberland County BRIAN E. DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 THE UNITED STATES OF AMERICA C/0 THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants r - N 0, CJI ORDER AND NOW, this Z S ' day of 49'".4' , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. CC: 934079 Brian E. Danzis Rita A. Snyder-Danzis Joseph P. Schalk, Esquire, Id. No. 91656 Attorney for Plaintiff HELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 IAN E. DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 i'rrTA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 es fv&AEL 7/ cf 934079 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 Attorney for Plaintiff (-) -737- rn cp zr— (f) •-<.r' SANTANDER BANK, N.A. : CUMBERLAND COUNTY c--- -<.t- c--) vs. : COURT OF COMMON PLEAS z 2 BRIAN E. DANZIS : at --I RITA A. SNYDER-DANZIS : CIVIL DIVISION --< THE UNITED STATES OF AMERICA : C/O THE UNITED STATES ATTORNEY : No. 14 -631 -CIVIL FOR THE MIDDLE DISTRICT OF PA : 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 BRIAN E. DANZIS, RITA A. SNYDER-DANZIS, 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 $507,836.48 TOTAL $507,836.48 I hereby certify that (1) the Defendantslast known address is 301 CHESTNUT RIDGE DRIVE, MECHANICSBURG, PA 17055-5181, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date VAM/9 Adam H. Davis, Esq., Id. No.203034 Attorne for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PH # 934079 416.TD pd C-i0V3/ g 3/o52 fi�c9'&7" PROTHONOTARY 934079 SANTANDER BANK, N.A. Plaintiff V. BRIAN E. DANZ'S RITA A. SNYDER-DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) TO: RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG. PA 17055-5181 fv/ DATE OF NOTICE: jaliy COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -631 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR A I 1EMPTING 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 LEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING ANT) 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 # 934079 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Kenya ales, Esq., Id. No.20 664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 SANTANDER BANK, N.A. Plaintiff V. BRIAN E. DANZIS Rl]'A A. SNYDER-DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) TO: BRIAN E. DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO, 14 -631 -CIVIL CUMBERLAND COUNTY 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 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 934079 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 By:. Kenya ales', Esq., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 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 SANTANDER BANK, N.A. vs. BRIAN E. DANZIS RITA A. SNYDER-DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Attorney for Plaintiff CUMBERLAND COUNTY Ip.lcc3, COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -631 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE Cr) rn r - -0 cI —4cD C.3 -71 C") ri The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) BRIAN E. DANZIS and RII A A. SNYDER-DANZIS are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant BRIAN E. DANZIS is over 18 years of age and resides at 301 CHESTNUT RIDGE DRIVE, MECHANICSBURG, PA 17055-5181. (c) that defendant RITA A. SNYDER-DANZIS is over 18 years of age and resides at 301 CHESTNUT RIDGE DRIVE, MECHANICSBURG, PA 17055-5181. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 4V3 /41( Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 934079 arimen of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil. Last Name: DANZIS First Name: BRIAN Middle Name: E Active Duty Status As Of: Sep -03-2014 ref Act Results as o1 : Sep -03-2014 12:06:42 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA '- '--- No.'.,, NA This response reflects the individmais' active duty status based on the Active Duty Status Date / ' ' Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA # , NA .T . No ^ ' r I NA This response reflects where the individual left actlJe duty status within -367 days preceding thetActive 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. 140 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. 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. : CUMBERLAND COUNTY vs. BRIAN E. DANZIS RITA A. SNYDER-DANZIS THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA against you on : COURT OF COMMON PLEAS : CIVIL DIVISION No. 14 -631 -CIVIL Notice is given that a Judgment in the above captioned, matter has been entered If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 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.** 934079 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. Brian E. Danzis Rita A. Snyder-Danzis WRIT OF EXECUTION NO 14-631 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: $507,836.48 L.L.: $.50 Interest from 09/05/2014 to Date of Sale $7,513.20 ($83.48 per diem) Atty's Comm: Atty Paid: $204.05 Plaintiff Paid: Date: 9/4/201.4' (Seal) REQUESTING PARTY: Name: Adam H. Davis, Esquire Address: PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 203034 Due Prothy: $.50 Other Costs: David D. Buell, Prothonotary Deputy 'Zoe//_! 10, PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Santander Bank, N.A. Plaintiff v. Brian E. Danzis Rita A. Snyder-danzis Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/05/2014 to Date of Sale ($83.48 per diem) TOTAL Note: Please attach PH # 934079 4,2g. 50 p ss. 30 103. 75-- /4.so p05- P- ;411. description of property. P-/-& C: M S1317 eyfr3fO5iZ PE 1,/(/.,L E,/.ieo/ COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 14 -631 -CIVIL : CUMBERLAND COUNTY $507,836.48 $7,513.20 $515,349.68 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Doe G. s 1 t LEGAL DESCRIPTION ALL THAT CERTAIN piece or tract of land situate in the Township of Upper Allen, County of Cumberland and Sate of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the intersection of the center lines of South York Street (L.R. 21076) and Chestnut Ridge Drive, which said point of beginning is on the line dividing Lots Nos. 1 and 4 on the hereinafter mentioned Plan of Lots; thence along the center line of South York Street, South 06 degrees 19 minutes 00 seconds West 115.42 feet to a point in the center line of said South York Street; thence through said South York Street and along lands now or formerly of Oscar E. Squire and Shirley M. Squire, his wife, (Lot No. 1 on 'Final Subdivision Plan for Drs. B. K. Strock, 0. G. Hoerner, J. J. Hanlon and J. P. Yeager', which Plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 24, Page 68), North 83 degrees 42 minutes, 00 seconds West 143.10 feet to a point; thence further by lands now or late of Oscar E. Squire and Wife, South 29 degrees 27 minutes 00 seconds West 345.33 feet to a point; thence further by same and beyond, South 51 degrees 40 minutes 00 seconds East 298.51 feet to a spike in South York Street (L.R. 21076); thence through said South York Street, South 11 degrees 08 minutes 00 seconds West 11.24 feet to a point; thence further through said South York Street and beyond, South 38 degrees 00 minutes 00 seconds West 15 feet to an iron pin at line of lands now or formerly of Merle Stambaugh; thence by said last mentioned lands, North 51 degrees 40 minutes 00 seconds West 707.49 feet to a point on the dividing line between Lots Nos 3 and 4 on the Plan of Lots hereinafter mentioned, thence by said dividing line between Lots Nos 3 and 4 on said plan, North 44 degrees 51 minutes 23 seconds East 583.09 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of said Chestnut Ridge Drive, South 45 degrees 08 minutes 37 seconds East 346.50 feet to the center line of said South York Street (L.R. 21076), the point and place of BEGINNING. BEING Lot No. 4 on 'Final Subdivision Plan of a 20.17 acre Tract of Land for : J. R. Freshman, Gene Rhoad, James Yeager' which Plan is recorded in the Recorder's Office in and for said Cumberland County in Plan Book 38, Page 83. UNDER AND SUBJECT TO restrictions, reservations and easements of record. TITLE TO SAID PREMISES IS VES I E,D IN Brian E. Danzis and Rita A. Snyder-Danzis, his wife, by Deed from Luke W. Lumby, dated 03/08/1995, recorded 03/14/1995 in Book 119, Page 638. PREMISES BEING: 301 Chestnut Ridge Drive, Mechanicsburg, PA 17055-5181 PARCEL NO. 42-10-0646-045. PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFKBoulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Santander Bank, N.A. Plaintiff v. Brian E. Danzis Rita A. Snyder-danzis Defendant(s) FILED -OFFICE OF THE PROTHONOTADY " Attorneys for Plaintiff 7.011) SEP -14 M1 I: 09 CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -631 -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 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. B y Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Sontander Bank, N.A. Plaintiff v. Brian E. Danzis Rita A. Snyder-danzis Defendant(s) FILED-OFF10E CF THE PROTHONOTARY 201t1SEP Afill: CUMBERLAND COUNTY; PENNSYLVANIA : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -631 -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 301 Chestnut Ridge Drive, Mechanicsburg, PA 17055-5181. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Brian E. Danzis Rita A. Snyder-danzis 2. Name and address of Defendant(s) in the judgment: Name Brian E. Danzis Rita A. Snyder-danzis 301 Chestnut Ridge Drive Mechanicsburg, PA 17055-5181 301 Chestnut Ridge Drive Mechanicsburg, PA 17055-5181 Address (if address cannot be reasonably ascertained, please so indicate) 301 Chestnut Ridge Drive Mechanicsburg, PA 17055-5181 301 Chestnut Ridge Drive Mechanicsburg, PA 17055-5181 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) PA Department of Revenue Bureau of Compliance PA Department of Revenue Bureau of Compliance Amerian Express Centurion Bank CIO Demetrios H. Tsarouhis, Esquire American Express Centurion Bank Lien Section, PO Box 280948 Harrisburg, PA 17128-0948 Lien Section, PO Box 280946 Harrisburg, PA 17128-0946 21 S 9th Street Allentown, PA 18102-4861 4315 South 2700 West Salt Lake City, UT 84184 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) The Legacy Bank 2600 Commerce Drive Harrisburg, PA 17110 PH # 934079 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) Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Pennsylvania Power & Light CO. Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 301 Chestnut Ridge Drive Mechanicsburg, PA 17055-5181 827 Hausman Road Allentown, PA 18104-9392 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 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: 67/V/V By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PH PH # 934079 kSintander Bank, N.A. -OFFICE THE Pr OTHOHOTAft T 2URRSEP -4 Ail II: CUMBERLAND COUNTY PENNSYLVANIA vs. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 14 -631 -CIVIL Brian E. Danzis Rita A. Snyder-danzis : CUMBERLAND County Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Brian E. Danzis Rita A. Snyder-danzis 301 Chestnut Ridge Drive Mechanicsburg, PA 17055-5181 **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 301 Chestnut Ridge Drive, Mechanicsburg, PA 17055-5181 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $507,836.48 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -631 -CIVIL Santander Bank, N.A. v. Brian E. Danzis Rita A. Snyder-danzis owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 301 Chestnut Ridge Drive, Mechanicsburg, PA 17055-5181 Parcel No. 42-10-0646-045. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $507,836.48 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or tract of land situate in the Township of Upper Allen, County of Cumberland and Sate of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the intersection of the center lines of South York Street (L.R. 21076) and Chestnut Ridge Drive, which said point of beginning is on the line dividing Lots Nos. 1 and 4 on the hereinafter mentioned Plan of Lots; thence along the center line of South York Street, South 06 degrees 19 minutes 00 seconds West 115.42 feet to a point in the center line of said South York Street; thence through said South York Street and along lands now or formerly of Oscar E. Squire and Shirley M. Squire, his wife, (Lot No. 1 on 'Final Subdivision Plan for Drs. B. K. Strock, 0. G. Hoerner, J. J. Hanlon and J. P. Yeager', which Plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 24, Page 68), North 83 degrees 42 minutes, 00 seconds West 143.10 feet to a point; thence further by lands now or late of Oscar E. Squire and Wife, South 29 degrees 27 minutes 00 seconds West 345.33 feet to a point; thence further by same and beyond, South 51 degrees 40 minutes 00 seconds East 298.51 feet to a spike in South York Street (L.R. 21076); thence through said South York Street, South 11 degrees 08 minutes 00 seconds West 11.24 feet to a point; thence further through said South York Street and beyond, South 38 degrees 00 minutes 00 seconds West 15 feet to an iron pin at line of lands now or formerly of Merle Stambaugh; thence by said last mentioned lands, North 51 degrees 40 minutes 00 seconds West 707.49 feet to a point on the dividing line between Lots Nos 3 and 4 on the Plan of Lots hereinafter mentioned, thence by said dividing line between Lots Nos 3 and 4 on said plan, North 44 degrees 51 minutes 23 seconds East 583.09 feet to a point in the center line of Chestnut Ridge Drive; thence by the center line of said Chestnut Ridge Drive, South 45 degrees 08 minutes 37 seconds East 346.50 feet to the center line of said South York Street (L.R. 21076), the point and place of BEGINNING. BEING Lot No. 4 on Final Subdivision Plan of a 20.17 acre Tract of Land for: J. R. Freshman, Gene Rhoad, James Yeagerwhich Plan is recorded in the Recorder's Office in and for said Cumberland County in Plan Book 38, Page 83. UNDER AND SUBJECT TO restrictions, reservations and easements of record. TITLE TO SAID PREMISES IS VESTED IN Brian E. Danzis and Rita A. Snyder-Danzis, his wife, by Deed from Luke W. Lumby, dated 03/08/1995, recorded 03/14/1995 in Book 119, Page 638. PREMISES BEING: 301 Chestnut Ridge Drive, Mechanicsburg, PA 17055-5181 PARCEL NO. 42-10-0646-045. SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -631 -CIVIL Santander Bank, N.A. v. Brian E. Danzis Rita A. Snyder-danzis owner(s) of property situate in UPPER ALLEN TOWNSHLP, CUMBERLAND County, Pennsylvania, being 301 Chestnut Ridge Drive, Mechanicsburg, PA 17055-5181 Parcel No. 42-10-0646-045. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $507,836.48 Attorneys for Plaintiff Phelan Hallinan, LLP 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 SANTANDER BANK, N.A. Plaintiff v. BRIAN E. DANZIS RITA A. SNYDER-DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants Of T ?tltltOCIT.� Cu / 3EF'AND L PEPAS YLVAN N1YIVR PLAINTIFF L./NT Y A Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -631 -CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES (—) rt . , rro v y, co �J -'1 2.; 1 3> r) ZCD Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the . N 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 February 4, 2014. 2. Judgment was entered on September 4, 2014 in the amount of $507,836.48. 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)(l), 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. 934079 1 4. The Property is listed for Sheriffs Sale on December 3, 2014. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have 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 December 3, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Escrow Deficit $471,966.79 $19,742.91 $1,038.99 $3,350.00 $769.05 $124.20 $40,351.59 TOTAL $537,343.53 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 Defendants. 8. Plaintiff's foreclosure judgment is in re 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 October 7, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 934079, 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: f° 777/, By: Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 934079 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 SANTANDER BANK, N.A. Plaintiff v. BRIAN E. DANZIS RITA A. SNYDER-DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -631 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE BRIAN E. DANZIS and RITA A. SNYDER-DANZIS 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 301 CHESTNUT RIDGE DRIVE, MECHANICSBURG, PA 17055-5181. 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, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 934079 1 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 outdated and need to be adjusted to include current interesCreal 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 Defendants credit for monthly payments tendered through bankruptcy, if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of 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 934079 2 826 (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. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants 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 Defendants' 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 are 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 934079 3 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). 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 Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 934079 4 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. 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 934079 5 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. 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 Infoimation 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 934079 6 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. 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. 934079 7 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 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. Plaintiffrespectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: //277777‘,4 By: Adam H. H. Davis, Esquire Attorney for Plaintiff 8 934079 Exhibit "A" 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 SANTANDER BANK, N.A. vs. BRIAN E. DANZIS RITA A. SNYDER-DANZIS THE UNITED STATES OF AMERICA . C/O THE UNITED STATES ATTORNEY : FOR THE MIDDLE DISTRICT OF PA . Attorney for Plaintiff : CUMBERLAND COUNTY COURT OF COMMON : CIVIL DIVISION No. 14 -631 -CIVIL C_:. C) r� rn-z w r «— 77.1 cnr 1 c -11 — PLEAS -C Ca 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. BRIAN E. DANZIS, RITA A. SNYDER-DANZIS, 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 $507,836.48 TOTAL $507,836.48 I hereby certify that (1) the Defendants' last known address is 301 CHESTNUT RIDGE DRIVE, MECHANICSBURG, PA 17055-5181„ .and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 7/17//9 Adam H. Davis, Esq., Id. No..203034 Attorne for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PH 4 934079 414. co pd 117j c, /ysa3i6 0-3/0-5'42_ Ido f j ( n/Ia i 1 t' / • PROTHONOTARY 934079 Exhibit "B" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 30, 2014 BRIAN E. DANZIS RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 RE: SANTANDER BANK, N.A. v. BRIAN E. DANZIS, RITA A. SNYDER-DANZIS and THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 14 -631 -CIVIL Dear Defendants, 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 10/6/2014. Should you have further questions or concerns, please do not hesitate to contact me.. Otherwise, please be guided accordingly. Very truly yours, Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Enclosure 934079 Name and Phelan Hallinan, LLP Address y 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 Name of Addressee, Street, and Post Office AdCS dress BRIAN E. DANZIS RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG PA 17055-5181 RE: BRIAN E. DANZIS CUMBERLAND Total Number of Pieces Received nt Post Office Form 3877 Facsim1Ce aration of value is required nn all domestic and international registered mail. The mnxir ction of nonnegotiable documents under Express Mail docomen! reconstnrctian insu piece subject to a limit of S500,000 per occurrence. The maximum indemnity payable on Express M The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance, See C R900 5913 and S921 far Limitations of covcme. 934079 Phelan Hallinan, LLP Adam 1-1. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 SANTANDER BANK, N.A. Plaintiff v. BRIAN E. DANZIS RITA A. SNYDER-DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -631 -CIVIL Defendants 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 individuals on the date indicated below. BRIAN E. DANZIS RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 DATE: W77.7 Phelan Hallinan, LLP By: Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 934079 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SANTANDER BANK, N.A. Plaintiff v. BRIAN E. DANZIS RITA A. SNYDER-DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -631 -CIVIL AND NOW, this /3 ' day of Ocsab✓ 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants 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 no hearing will be scheduled on this matter. ,JZ r -n m D c") cD 3> N CD 934079 .-Adam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 BRIAN E. DANZIS RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 Cofe..5 Majed /0/13/pt 934079 934079 Phel6 Hallinan, LLP Justin F. Kobeski, Esq., Id. NVOVV 21 IC: 2 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza COU:.1TY Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. Plaintiff vs. BRIAN E. DANZIS RITA A. SNYDER-DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -631 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 13, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. BRIAN E. DANZIS RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 DATE: P) By: Justin F obeski, sq., Id. No.200392 Atto r ey for Plaintiff 934079 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 Attorney for Plaintiff-.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A. Plaintiff, v. BRIAN E. DANZIS RITA A. SNYDER-DANZIS Defendant(s) . CUMBERLAND COUNTY . COURT OF COMMON PLEAS . CIVIL DIVISION . No.: 14 -631 -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: 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. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 934079 Name and Address Of Sender Phelan Hallinan, LLP 1617 IPX Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/JKM - 111 Line Article Number Name of Addressee, Street, and Post Office Address Postage to m tii a,ry Z.:11. t q -u r,,,Aili~ �^as•.� •:,,y,•" 9y � s rlrt, - 1 **** TENANT/OCCUPANT 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 $0.47 ra 2 **** Amerian Express Centurion Bank CIO Demetrios 11. Tsarouhis, Esquire 21 S 9TH STREET ALLENTOWN, PA 18102-4861 S0.47"+da 3 **** American Express Centurion Bank 4315 South 2700 West`w+'ti Salt Lake City, UT 84184 $0.47 4 *s** PA Department of Revenue Bureau of Compliance Lien Section, PO Box 280948 Harrisburg, PA 17128-0948 $0.47 5 **** PA Department of Revenue Bureau of Compliance LIEN SECTION, PO BOX 280946 HARRISBURG, PA 17128-0946 $0.47 ' z- 0 6 **** Pennsylvania Power & Light CO. 827 Hausman Road. Allentown, PA 18104-9392 50.47, r , ,:..,\....., .- 7 **** The Legacy Bank 2600 Commerce Drive Harrisburg, PA 17110 50.47 " 8 **** Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 $0.47 9 **** Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 10 **** Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburg PA 15222 $0.47 RE: BRIAN E. DANZIS (CUMBERLAND) "PH 7t 934079/1021 Page 1 of 2 Writ Team Total Number of Pieces Listed by Sender Teal Number of Pieces Received at Post Wee Postmaster. Per (Name of Receiving Employee) The full declaration of value is required nn all domestic and international registered mad. The maximum indemnity payahlc for mhc recoaametion of nonnegntubk documents urger Express Mall document reconstruction insurance is SSO.WII per piece subject to a bout of 5500.00 per occurrence. The maximum indemnity pay bk on 1:•apsess Mail merchandise n SS(51. The maximum indemnity payabk is 525.1100 for registered mail, um with optional insurance See Domestic Mail Manual R900 5913 and 5921 for limitations of coves. Form 3877 Facsimile 4. Name and Address Of Sender Phelan' Hallinan, LLP 11111+ J6171FKBoulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZ KM • 1 2/0 312 0 1 4 SA. Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** U.S. Department of Justice US. Attorney for The Middle District of PA Federal Building $0.48 228 Walnut Street, Suite 220 PO Box 11754 -. ,, . �. �._.. (Harrisburg,-PA;179�08&1754- . -�_ _ �� .RF: BRIAN E. DANZIS (CUMBERLAND) , PH # 934079/1021- --4.- - -__Page 2•of 2 Writ Team $5.18 Taal Number of Total Number of Pieces . Postmast r; Per (Name of no full declaration of Moe is Nq,d rd on NI domestic aM international reginved mail, Th nu . Pleats fasted by Sender Recoil/a/ at Post Ofnce Reedvins Employee) for tie recomtroction of nonnegeilable documents under Express' Mail doeumeni reconstruction piece subjecs to a! incl ofSSOO»00 per occurrence. The meeinatm indernnllypayabk on,Eapro,,_ Th mat Orem Tndemnity payable k S2S,OPO for registered mall. acne with optiona)rr{"ufariee.$ rS„ R9130 5913 aid 5921. for 6mifoinm of conch / aV11 orm 38"/7 P'acSimiie AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY SANTANDER BANK, N.A. PH # 934079 DEFENDANT SERVICE TEAM/ lxh BRIAN E. DANZIS COURT NO.: 14 -631 -CIVIL RITA A. SNYDER-DANZIS THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE BRIAN E. DANZIS AT: 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 Served and made known to BRIAN E. DANZIS, Defendant on the (S day of Qc'T d 4 £.A 20 (4, at 4.:1q o'clock M., at 30( C6.}- rvinutir b bPo►4 in the manner described below: 1/ Defendant personally served. A Q4A-mics g11R6, (>4, _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 60 Height 5 V.. Weight (1, 0 Race W Sex M Other Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: (0(1414 NAME: PRINTED NAME: Process Server TITLE: lkitle Ronald Nioli NOT SERVED On the dayof 20 , at o'clock . M., I, , a competent adult hereby state that Detendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 FILED -OFFICE OF THE PROTHONOTARY`( Phelan Hallinan, LLP • 0115 NOV —7 AM 10: 03 Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CiJt93EZLlaPtD COON A One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. Plaintiff vs. BRIAN E. DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA RITA A. SNYDER-DANZIS Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -631 -CIVIL MOTION TO MAKE RULE ABSOLUTE SANTANDER BANK, N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 8, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about October 13, 2014 directing the Defendants to show cause by November 3, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on October 20, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 3, 2014. 934079 1 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 1 Phelan Hallinan, LLP By: `moi Jonas Lobb, Esq., Id. No.312174 Attorney for Plaintiff 934079 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA . SANTANDER BANK, N.A. Plaintiff v BRIAN E. DANZIS RITA A. SNYDER-DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ADORNEY FOR THE MIDDLE DISTRICT OF PA AND NOW, this Defendants RULE: Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -631 -CIVIL 3 4 day of (WeyeteA, 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 15/ Xem:44,4, J. -o 934079 Exhibit "B" Phelan Hallinan, LLP . - • • Justin F. Kobeski, Esq., Id. No.,30P32., 1617 JFK Boulevard, Suite 140011''' 1 41; 2 i,•• . One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. Plaintiff vs. BRIAN E. DANZIS RITA A. SNYDER-DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants • • ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -631 -CIVIL CERTIFICATION OF SERVICE TfttilEY HLI CARY I hereby certify that a true and correct copy of the Court's OctoF directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. iti 1-11,e PLEASE PPP MN BRIAN E. DANZIS RITA A. SNYDER-DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 DA By: Phelan Hafli LLP Justin oJeki q., Id. No.200392 Atto eyfor Plaintiff 934079 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhal l inan. com 215-563-7000 SANTANDER BANK, N.A. Plaintiff vs. BRIAN E. DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA RITA A. SNYDER-DANZIS ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -631 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. BRIAN E. DANZIS 301 CHESTNUT RIDGE DRIVE MECHANICSBURG, PA 17055-5181 DATE: /(40/tY By: Jonat ;:. Lobb, sq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 934079 PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SANTANDER BANK, N.A. : COURT OF COMMON PLEAS v. BRIAN E. DANZIS RITA A. SNYDER-DANZIS : CIVIL DIVISION : No. 14 -631 -CIVIL : CUMBERLAND COUNTY SUGGESTION OF DEATH RE: DEFENDANT RITA A. SNYDER-DANZIS AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: Plaintiff, SANTANDER BANK, N.A., by its counsel, Phelan Hallinan, LLP, hereby certifies that, to the best of its knowledge, information and belief, the Defendant Rita A. Snyder-Danzis is deceased -- date of death July 20, 2014. Plaintiff hereby releases Rita A. Snyder-Danzis from liability for the debt secured by the mortgage. As the property is owned by defendants Rita A. Snyder-Danzis and Brian E. Danzis as tenants by the entireties, upon the death of Rita A. Snyder-Danzis, Brian E. Danzis became sole owner of the mortgaged premises as surviving tenant by the entireties. Dated: 11 141 f f By: PHELAN HALLINAN, LLP Jona an Lobb, Esq., ID # 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. : COURT OF COMMON PLEAS v. BRIAN E. DANZIS RITA A. SNYDER-DANZIS : CIVIL DIVISION : No. 14 -631 -CIVIL : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct opy of Suggestion of Death Re: Rita A. Snyder- Danzis was sent via first class mail to the following on the date listed below: Dated: Brian E. Danzis 301 Chestnut Ridge Drive Mechanicsburg, PA 17055-5181 By: PHELAN HALLINAN, LLP Jonat)th Lobb, Esq., ID # 312174 Attorney for Plaintiff - OFFICE r Pr IN THE COURT OF COMMON PLEAS OTrIE O HMO TARY CUMBERLAND COUNTY, PENNSYLVANIA 2D14 NOV 13 PH 3: 13 SANTANDER BANK, N.A. Plaintiff vs. BRIAN E. DANZIS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA RITA A. SNYDER-DANZIS Defendants Court of CoCitifitEitle4ND COUNTY PENNSYLVANIA Civil Division CUMBERLAND County No.: 14 -631 -CIVIL ORDER AND NOW, this 13— day of Xhu‘-'44/ , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance Interest Through December 3, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Escrow Deficit $471,966.79 $19,742.91 $1,038.99 $3,350.00 $769.05 $124.20 $40,351.59 TOTAL $537,343.53 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure.