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HomeMy WebLinkAbout14-1379 = f Supreme Cour -t—of Pennsylvania ,r7 . , Cour Co f Pleas et For Prothonotary Use Only: CU E r County Docket No: Woo The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: SANTANDER BANK, N.A. Lead Defendant's Name: PAMELA S. MATTUS A/K/A T PAMELA MATTUS I Are money damages requested? El Yes 0 No Dollar Amount Requested: ❑ within arbitration limits Q (Check one) 9 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- 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 El Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 0110112011 gh MA --5 PM 2: 4I CUMBERLAND COUNTY PENINSYLVANIA PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215 -563 -7000 SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 COURT OF COMMON PLEAS WILMINGTON, DE 19801 CIVIL DIVISION Plaintiff V • TERM PAMELA S. MATTUS A/K/A PAMELA MATTUS NO. � q 514 PARTRIDGE COURT MECHANICSBURG, PA 17050 -2597 CUMBERLAND COUNTY 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 #: 806047 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: PAMELA S. MATTUS A/K/A PAMELA MATTUS 514 PARTRIDGE COURT MECHANICSBURG, PA 17050 -2597 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 real owner(s) of the property hereinafter described. 3. On 04/16/1996 PAUL A. MATTUS made, executed and delivered a mortgage upon the premises hereinafter described to YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1315, Page 602.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, N.A. s/b /m YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 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 07/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File #: 806047 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 01/06/2014: Principal Balance $186,784.53 Interest $85,176.26 06/01/2007 through 01/06/2014 Late Charges $6,182.31 Property Inspections $734.85 Non Sufficient Funds Charge $30.00 Escrow Deficit $33,349.61 TOTAL $312,257.56 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. PAUL A. MATTUS A/K/A PAUL MATTUS was a co- record owner of the mortgaged premises as a tenant by the entirety. By virtue of PAUL A. MATTUS A/K/A PAUL MATTUS's death on or about 08/30/2011, his ownership interest was automatically vested in the surviving tenant by the entirety. File #:. 806047 11. Plaintiff hereby releases PAUL A. MATTUS A/K/A PAUL MATTUS, from liability for the debt secured by the mortgage. 12. 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. PAUL A. MATTUS, A/K/A PAUL MATTUS, PAMELA S. MATTUS, A/K/A PAMELA MATTUS; CUMBERLAND County Docket No. 2005- 05889; Filed 11/14/2005; in the amount of $114,983.92 (B). United States vs. PAUL A. MATTUS, A/K/A PAUL MATTUS; CUMBERLAND County Docket No. 2006 - 06780; Filed 11/28/2006; in the amount of $49,869.03 (C). United States vs. PAUL A. MATTUS, A/K/A PAUL MATTUS; CUMBERLAND County Docket No. 2006 - 06781; Filed 11/28/2006, in the amount of $17,476.87 (D). United States vs. PAUL A. MATTUS, A/K/A PAUL MATTUS; CUMBERLAND County Docket No. 2007 - 04973; Filed 08/21/2007; in the amount of $22,241.80 (E). United States vs. PAUL A. MATTUS, A/K/A PAUL MATTUS, PAMELA S. MATTUS, A/K/A PAMELA MATTUS; CUMBERLAND County Docket No. 2008 - 00255; Filed 01/14/2008; in the amount of $26,382.35 (F). United States vs. PAUL A. MATTUS, A/K/A PAUL MATTUS; CUMBERLAND County Docket No. 2008 - 04124; Filed 07/11/2008; in the amount of $8,669.58 File #: 806047 (G). United States vs. PAUL A. MATTUS, A/K/A PAUL MATTUS; CUMBERLAND County Docket No. 2005 - 05890; Filed 11/14/2005; in the amount of $62,857.14 (H). United States vs. PAUL A. MATTUS, A/K/A PAUL MATTUS; CUMBERLAND County Docket No. 2006 - 00947; Filed 02/17/2006; in the amount of $110,316.41 (1). United States vs. PAUL A. MATTUS, A/K/A PAUL MATTUS; CUMBERLAND County Docket No. 2006 - 02593; Filed 05/05/2006; in the amount of $13,002.30 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $312,257.56, 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. 1 - John D. Vjhn, Esq., Id. No.312244 Attorney for Plaintiff Filet 806047 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows to wit: BEGINNING at a point on the Western line of Partridge Court at the dividing line between Lots 7 and 8 as shown on the hereinafter mentioned plan of lots; thence along the line of Partridge Court the following 6 courses and distances (1) by a curve to the left having a radius of 80.0 feet an arc distance of 80.98 feet (2) S. 79 degrees 54 minutes 34 seconds E. 15.00 feet (3) by a curve to the right having a radius of 15.0 feet an arc distance of 23.56 feet (4) S. 10 degrees 05 minutes 2 seconds W. 20.00 feet (5) by a curve to the right having a radius of 393.0 feet an arc distance of 99.53 feet (6) S. 24 degrees 35 minutes 26 seconds W. 30.41 feet to a point at the North Eastern line of a Pedestrian/Bikeway; thence along the line of said Pedestrian/Bikeway N. 35 degrees 34 minutes 00 second W. a distance of 195.47 feet to a point at the dividing line between Lots 7 and 8; thence along the dividing line between Lots 7 and 8 N. 54 degrees 26 minutes 00 second E. a distance of 89.25 feet to a point on the Western line of Partridge Court, said point being the place of BEGINNING. BEING all of Lot 8 as shown on the final subdivision plan of Sleepy Hollow P.R.D. Phase 1, recorded in Plan Book 55, Page 44. CONTAINING 0.3831 acres. Filet 806047 THEREON erected a 2 story brick and vinyl sided dwelling known as 514 Partridge Court, Mechanicsburg, PA 17055. BEING the same premises which Sealover Construction Co., Inc., by deed dated April 16, 1996 and intended to be recorded immediately previous to this Mortgage in the Office of the Cumberland County Recorder of Deeds, granted and conveyed unto Paul A. Mattus, the mortgagor and borrower herein. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions for Sleepy Hollow, which covenants and restrictions are dated February 16, 1990, and recorded February 21, 1990 in the Cumberland County Recorder of Deeds Office in Misc. Book 376, Page 567. PROPERTY ADDRESS: 514 PARTRIDGE COURT, MECHANICSBURG, PA 17050- 2597 PARCEL #10 -18- 1316 -095. File #: 806047 VERIFICATION hereby states that he /she is kl n 4*0e of SANTANDER IJ 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: 02 T V Name j�Qfl A I Title: &4I n n � j SANTANDER BANK, N.A. File #: 806047 Name: MATTUS File #: 806047 FORM 1 IN THE COURT OF COMMON PLEAS SANTANDER BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA V-"- i'A� � Plaintiff(s) �' LP �. , VS. < 0 ` PAMELA S. MATTUS A/K /A PAMELA MATTUS' 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. 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) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date John D. Krohn, Esq., Id. No.312244 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: Stater Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): .Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2, monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd 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/Tuit. Other Ex enses 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 #: 806047 SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAmdersom / Sheriff ��" ^_ ^� �E PROTHONO TAR � Jody SSm�h �- —« 701101^A^A 19 PM Li: 05 Chief Richard W Stewart '' COUNTY nU " Solicitor OFF iCEm` THE sk ERIF PENNSYLVANIA Santander Bank, N.A. vs. Pamela S Mattus Case Number 2014-1379 SHERIFF'S RETURN OF SERVICE 03/13/2014 03:59 PM Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Pamela S Mattus, but was unable to locate the Defendant in his bailiwick, The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 514 Partridge Court, Hampden Township, Mechanicsburg, PA 17050. Residence appears to be vacant and deputies were advised by neighbors that the residence has been vacant for over a year. 03/13/2014 07:33 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by ^pemonaUy''handing a true copy to a person representing themselves to be the Defendant, to wit: Pamela SK4attuaat2233 Orchard Road, Lower Allen, Camp Hill, pA17O11. SHERIFF COST: $56.25 SO ANSWERS, March 14, 2014 RONNYR ANDERSON, SHERIFF PLAINTIFF SANTANDER BANK, N.A. DEFENDANT PAMELA S. MATTUS A/K/A PAMELA MATTUS SERVE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: 950 PENNSYLVANIA AVENUE, N.W., MAIN JUSTICE BUILDING, WASHINGTON, DC 20530 Affidavit of Service SERVED CUMBERLAND COUNTY PHS # 806047 SERVICE TEAM COURT NO.:14-1379-CIVIL TYPE OF ACTION CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE; CIVIL COVERSHEET AND NOTICE Served and made known to United States Attorney for the Middle District of PA ,Defendant on the 26 of March , 20 14, at 1:49 PM , at 950 Pennsylvania Avenue, N.W., Main Justice Building, Washington, DC 20530 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). X Agent or person in charge of Defendant's office or usual place of business. Steffon Edmonds as Clerk an officer of said Defendant's company. Other: Description: Age 20 - 30 Yrs. Height 6'1" - 6'3" Weight 191-220 Race Black Sex Male Other 1, James Hilton , a competent adult being duly sworn according to law, depose and state that 1 personally Far4cled.a true and correct copy of the CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE; CIVIL COVERS1=11ET ;53 NOTICE in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before day me this 26th of March 2014 tary: azo Ruiz 13y: On the V of hereby state that Defendant NOT FOUND because: Vacant Does Not Exist No answer on Service Refused Other: Sworn to and subscribed before me this 26th day of March 2014 By: Notary: Martha L. Lazo Ruiz ,20 , Moved at T SERVED o'clock .M., 1, Does Not Reside 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 at rs.) 77' C.) ""." , a competent adult Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Zuckerman, Esq., Id. No. 309519 Melissa J, Cantwell, Esq., Id. No. 308912 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 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 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 FILED- OFF iCL THE P=R©THOP;01.M;,, 2011.1 AUG -7 + ! : Attorney for Plaintiff CUMBERLAND COUNTY PENNSYLVANIA SANTANDER BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS PAMELA S. MATTUS A/K/A PAMELA : CIVIL DIVISION MATTUS THE UNITED STATES OF AMERICA : No. 14 -1379 -CIVIL C/O THE UNITED STATES ATTORNEY : 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 PAMELA S. MATTUS A/K/A PAMELA MATTUS, 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 $312,257.56 TOTAL $312,257.56 I hereby certify that (1) the Defendant's last known addresses are 514 PARTRIDGE COURT, MECHANICSBURG, PA 17050-2597 and 2233 ORCHARD RD, CAMP HILL, PA 17011-7442, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Adam H. Davis, Esq., Id. No.203034 Attorney for Pontiff DAMAGES A EREBY ASSESSED AS INDICATED. S DATE: Q /4 PH # 806047 PROTHONOTARY QYt,iq, Rag!, 806047 kJ m(/it, Rti 30c, SSea N ce m '&J 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. PAMELA S. MATTUS A/K/A PAMELA MATTUS 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 PLEAS : CIVIL DIVISION : No. 14 -1379 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE 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 PAMELA S. MATTUS A/K/A PAMELA MATTUS is 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 PAMELA S. MATTUS A/K/A PAMELA MATTUS is over 18 years of age and resides at 514 PARTRIDGE COURT, MECHANICSBURG, PA 17050- 2597 and 2233 ORCHARD RD, CAMP HILL, PA 17011-7442. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 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 806047 Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil. Relief Act. Last Name: MATTUS First Name: PAUL Middle Name: A Active Duty Status As Of: Aug -06-2014 Results as of : Aug -06-2014 12:09:45 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Stan Date Active Duty End Date Status Service Component NA NA No -.. NA This response reflects the individuals' active duty status based ori 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 .. No— 't NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No - NA This response reflects whether the individual or his/her unit has received early notification to report for active duty +t• Upon searching the data banks of the Department of Defense Manpower DataCenter„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 Department of Defense Manpower Data Center Status Report Pursuant to Senricemembers Civil Relief Act Last Name: MATTUS First Name: PAMELA Middle Name: S Active Duty Status As Of: Aug -06-2014 Results as of : Aug -06-2014 12:09:36 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 individuals' active duty status based o'n the Active Duty Status Date I Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No — NA 7 This response reflects Inhere the individual left active duty status w)ihin 367 days preceding the'Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA ,_ No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data. Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed_ Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Status Report Pursuant to Sery eemenbers Civil Relief Act. Last Name: MATTUS First Name: PAMELA Middle Name: Active Duty Status As Of: Aug -06-2014 Results as of : Aug -06.2014 01:29:47 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 individuals' 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 I , NA . _ _ No — A NA This response reflects where the individual left active duty status within -367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA C. NA_ r:No l: NA This response reflects whether the individual orhis/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 Department of Defense Manpower Data Center Status Report t Pursuant to Servieemembers Clivi. Relief Act Last Name: MATTUS First Name: PAUL Middle Name: Active Duty Status As Of: Aug -06-2014 Results as of : Aug -06-2014 01:31:16 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 reflectsihe individuals' active duly 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 - - . - No - NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date ti. 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 ., T�. No - NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Fes. 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. : COURT OF COMMON PLEAS PAMELA S. MATTUS A/K/A PAMELA MATTUS : CIVIL DIVISION THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY : No. 14 -1379 -CIVIL FOR THE MIDDLE DISTRICT OF PA Notice is give that a Judgment in theabovecaptioned matter has been entered against you on O)7I)'1. 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. ** 806047 SANTANDER BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. PAMELA S. MAI -IUS A/K/A PAMELA MATTUS NO. 14 -1379 -CIVIL THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE CUMBERLAND COUNTY DISTRICT OF PA Defendant(s) TO: PAMELA S. MATTUS A/K/A PAMELA MATTUS 514 PARTRIDGE COURT MECHANICSBURG, PA 17050-2597 DATE OF NOTICE: jLe 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 YOIJ 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 By: PH # 806047 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 :Michael I) nge►'di$ n, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 SANTANDER BANK, N.A. Plaintiff v. PAMELA S. MATTUS A/K/A PAMELA MATTUS THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) TO: PAMELA S. MATTUS A/K/A PAMELA MAT 2233 ORCHARD RD CAMP HILL, PA 17011-7442 DATE OF NOTICE: , 21tr COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -1379 -CIVIL CUMBERLAND COUNTY �TUS 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 i1..AVE PREVIOUSI.,Y 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 By: PH # 806047 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 We Gael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Santander Bank, N.A. Plaintiff v. Pamela S. Mattus a/k/a Pamela Mattus Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/08/2014 to Date of Sale ($51.33 per diem) TOTAL Note: Please attach description of property. PH # 806047 alAk8ae'SD as� s� Ilo. b -&--is a LI Sb« : COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 14 -1379 -CIVIL : CUMBERLAND COUNTY $312,257.56 $6,056.94 $318,314.50 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows to wit: BEGINNING at a point on the Western line of Partridge Court at the dividing line between Lots 7 and 8 as shown on the hereinafter mentioned plan of lots; thence along the line of Partridge Court the following 6 courses and distances (1) by a curve to the left having a radius of 80.0 feet an arc distance of 80.98 feet (2) S. 79 degrees 54 minutes 34 seconds E. 15.00 feet (3) by a curve to the right having a radius of 15.0 feet an arc distance of 23.56 feet (4) S. 10 degrees 05 minutes 2 seconds W. 20.00 feet (5) by a curve to the right having a radius of 393.0 feet an arc distance of 99.53 feet (6) S. 24 degrees 35 minutes 26 seconds W. 30.41 feet to a point at the North Eastern line of a Pedestrian/Bikeway; thence along the line of said Pedestrian/Bikeway N. 35 degrees 34 minutes 00 second W. a distance of 195.47 feet to a point at the dividing line between Lots 7 and 8; thence along the dividing line between Lots 7 and 8 N. 54 degrees 26 minutes 00 second E. a distance of 89.25 feet to a point on the Western line of Partridge Court, said point being the place of BEGINNING. BEING all of Lot 8 as shown on the final subdivision plan of Sleepy Hollow P.R.D. Phase 1, recorded in Plan Book 55, Page 44. CONTAINING 0.3831 acres. THEREON erected a 2 story brick and vinyl sided dwelling UNDER AND SUBJECT to the. Declaration of Covenants and Restrictions for Sleepy Hollow, which covenants and restrictions are dated February 16, 1990, and recorded February 21, 1990 in the Cumberland County Recorder of Deeds Office in Misc. Book 376, Page 567. TITLE TO SAID PREMISES IS VESTED IN Paul A. Mattus and Pamela S. Mattus, h/w, by Deed from Paul A. Mattus, dated 08/24/1998, recorded 08/25/1998 in Book 184, Page 67. The said Paul A. Mattus died on 8/30/2011, vesting sole ownership in Pamela S. Mattus as surviving tenant by the entirety. PREMISES BEING: 514 Partridge Court, Mechanicsburg, PA 17050-2597 PARCEL NO. 10-18-1316-095. 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. Pamela S. Mattus a/k/a Pamela Mattus Defendant(s) 1. t (� RU' � 1-01102014 AUG -7 ��"'+ CI 1/: !r CUNB ER L ND COUNT PENNS Y LVA fa CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -1379 -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. BY Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff { Santander Bank, N.A. Plaintiff v. Pamela S. Mattus a/k/a Pamela Mattus Defendant(s) mss.'i\U f 1"JU`� rr� (1UTA; 2014 AUG -7 f;'l Ii 16 . CUl`1P PLANO COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -1379 -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 514 Partridge Court, Mechanicsburg, PA 17050-2597. Name and address of Owner(s) or reputed Owner(s): Name PAMELA S. MATTUS A/K/A PAMELA MATTUS 2. Name and address of Defendant(s) in the judgment: Name PAMELA S. MATTUS A/K/A PAMELA MATTUS Address (if address cannot be reasonably ascertained, please so indicate) 2233 ORCHARD RD CAMP HILL, PA 17011-7442 514 PARTRIDGE COURT MECHANICSBURG, PA 17050-2597 Address (if address cannot be reasonably ascertained, please so indicate) 2233 ORCHARD RD CAMP HILL, PA 17011-7442 514 PARTRIDGE COURT MECHANICSBURG, PA 17050-2597 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) COMMONWEALTH OF PENNSYLVANIA BUREAU OF COMPLIANCE COMMONWEALTH OF PENNSYLVANIA BUREAU OF COMPLIANCE SOVEREIGN BANK SOVEREIGN BANK C/O ROBERT F. THOMAS, ESQUIRE SOVEREIGN BANK C/O ROBERT SALZMAN, ESQUIRE SLEEPY HOLLOW COMMUNITY ASSOCIATION PH # 806047 PO BOX 280946 HARRISBURG, PA 17128-0946 PO BOX 280948 HARRISBURG, PA 17128-0948 601 PENN STREET READING, PA 19601 20000 HORIZON WAY SUITE 900 MT LAUREL, NJ 08054-4318 20000 HORIZON WAY, SUITE 900 MT LAUREL, NJ 08054 517 COBBLER COURT MECHANICSBURG, PA 17050 AMERICHOICE FCU READYLINK FORD MOTOR CREDIT COMPANY FORD MOTOR CREDIT COMPANY CIO CHARLENE TAYLOR, ESQUIRE HILTON-DIMINICK ORTHO ASSO PC HILTON-DIMINICK ORTHO ASSOC. PC C/O JANA TOOLE, ESQUIRE 2175 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055 P.O. BOX 618 HERSHEY, PA 17033 P.O. BOX 6508 MESA, AZ 85216-6508 1 PENN CENTER 1617 JFK BLVD #935 PHILADELPHIA, PA 19103 3412 TRINDLE ROAD CAMP HILL, PA 17011 1007 MUMMA RD SUITE 101 LEMOYNE, PA 17043-1183 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) US. TREASURY DEPARTMENT PITTSBURGH OFFICE ROOM 808 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-9974 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 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) SLEEPY HOLLOW COMMUNITY ASSOCIATION 517 COBBLER COURT MECHANICSBURG, PA 17050 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 PH # 806047 514 PARTRIDGE COURT MECHANICSBURG, PA 17050-2597 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 PAMELA MATTUS CIO KARL E. 155 SOUTH HANOVER STREET ROMINGER, ESQUIRE CARLISLE, PA 17013 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE 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:p!` ? 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 # 806047 Santander Bank, N.A. PROTHONOTA... t ? : COURT OF COMMON PLEAS • vs. �'ENNSYLWarr►�, 2U! � � 7 A 'i 1'I 7Plaintiff : CIVIL DIVISION CUMBERLAND COUNTY : NO.: 14 -1379 -CIVIL Pamela S. Mattus a/k/a Pamela Mattus Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Pamela S. Mattus a/k/a Pamela Mattus 514 Partridge Court Mechanicsburg, PA 17050-2597 Pamela S. Mattus a/k/a Pamela Mattus 2233 Orchard rd Camp Hill, PA 17011-7442 **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 514 Partridge Court, Mechanicsburg, PA 17050-2597 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 $312,257.56 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows to wit: BEGINNING at a point on the Western line of Partridge Court at the dividing line between Lots 7 and 8 as shown on the hereinafter mentioned plan of lots; thence along the line of Partridge Court the following 6 courses and distances (1) by a curve to the left having a radius of 80.0 feet an arc distance of 80.98 feet (2) S. 79 degrees 54 minutes 34 seconds E. 15.00 feet (3) by a curve to the right having a radius of 15.0 feet an arc distance of 23.56 feet (4) S. 10 degrees 05 minutes 2 seconds W. 20.00 feet (5) by a curve to the right having a radius of 393.0 feet an arc distance of 99.53 feet (6) S. 24 degrees 35 minutes 26 seconds W. 30.41 feet to a point at the North Eastern line of a Pedestrian/Bikeway; thence along the line of said Pedestrian/Bikeway N. 35 degrees 34 minutes 00 second W. a distance of 195.47 feet to a point at the dividing line between Lots 7 and 8; thence along the dividing line between Lots 7 and 8 N. 54 degrees 26 minutes 00 second E. a distance of 89.25 feet to a point on the Western line of Partridge Court, said point being the place of BEGINNING. BEING all of Lot 8 as shown on the final subdivision plan of Sleepy Hollow P.R.D. Phase 1, recorded in Plan Book 55, Page 44. CONTAINING 0.3831 acres. THEREON erected a 2 story brick and vinyl sided dwelling UNDER AND SUBJECT to the Declaration of Covenants and Restrictions for Sleepy Hollow, which covenants and restrictions are dated February 16, 1990, and recorded February 21, 1990 in the Cumberland County Recorder of Deeds Office in Misc. Book 376, Page 567. TITLE TO SAID PREMISES IS VESTED IN Paul A. Mattus and Pamela S. Mattus, h/w, by Deed from Paul A. Mattus, dated 08/24/1998, recorded 08/25/1998 in Book 184, Page 67. The said Paul A. Mattus died on 8/30/2011, vesting sole ownership in Pamela S. Mattus as surviving tenant by the entirety. PREMISES BEING: 514 Partridge Court, Mechanicsburg, PA 17050-2597 PARCEL NO. 10-18-1316-095. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net SANTANDER BANK, N.A. Vs. NO 14-1379 Civil Term CIVIL ACTION — LAW PAMELA S. MATTUS A/K/A PAMELA MATTUS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA WRIT OF EXECUTION 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: $312,257.56 L.L.: $.50 Interest FROM 8/8/2014 TO DATE OF SALE ($51.33 PER DIEM) - $6,056.94 Atty's Comm: Atty Paid: $205.00 Plaintiff Paid: Date: 8/7/14 (Seal) REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id, No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. Plaintiff v. PAMELA S. MATTUS A/K/A PAMELA MATTUS 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 Coun No.: 14 -1379 -CIVIL r-- -) Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 5, • CIO 2014. ( 2. Judgment was entered on August 7, 2014 in the amount of $312,257.56. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. cannot be added at the time ofentry of the judgment. 4. The Property is listed for Sheriffs Sale on December 3, 2014. 1 However, new items 806047 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 Property Preservation Non Sufficient Funds Charge Escrow Deficit $186,784.53 $93,745.59 $6,182.31 $2,775.00 $1,095.00 $836.95 $567.00 $30.00 $39,256.54 TOTAL $331,272.92 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. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's 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 September 17, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 806047 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 71/ By: Phelan Hallinan, LLP Justin . Kobeski, squire AT •RNEY FOR PLAINTIFF 3 806047 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan com 215-563-7000 SANTANDER BANK, N.A. Plaintiff v. PAMELA S. MATTUS A/K/A PAMELA MATTUS 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 -1379 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES BACKGROUND OF CASE PAUL A. MATTUS, DECEASED 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. Plaintiff's Note was secured by a Mortgage on the Property located at 514 PARTRIDGE COURT, MECHANICSBURG, PA 17050-2597. 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 806047 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 interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give 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 806047 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. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, 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 e 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 806047 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 re 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. 806047 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 Plaintiff s 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 attomey'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 806047 5 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's 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 Infolination 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 Sheriffs 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 peil lit Plaintiff to recover these sums through its 806047 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. 806047 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 Plaintiffs Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Justin r obes , 'squire Atto- for P1. 8 806047 Exhibit "A" PHELAN HALL1NAN, 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. FILED-OFFICL 01' THE PRO THONO TA1,; A Mil AUG -7 1111 II:ttorney for Plaintiff CUMBERLAND COUNT Y PENNSYLVANIA PAMELA S. MATTUS A/K/A PAMELA MATTUS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 14 -1379 -CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PAMELA S. MATTUS A/K/A PAMELA MATTUS, 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 $312,257.56 TOTAL $312,257.56 I hereby certify that (1) the Defendant's last known addresses are 514 PARTRIDGE COURT, MECHANICSBURG, PA 17050-2597 and 2233 ORCHARD RD, CAMP HILL, PA 17011-7442, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Adam H. Davis, Esq., Id. No.203034 Attorney for ntiff DAMAGES A E 'REBY ASSESSED AS INDICATED. DATE: 1 P}I# 806047 PROTHONOTARY a,'' I1Ls�i 80e_ 0t7u Apiiq?k plr 30q "ca f)1.;I& 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 10, 2014 PAMELA S. MATTUS A/K/A PAMELA MATTUS 514 PARTRIDGE COURT MECHANICSBURG, PA 17050-2597 RE: SANTANDER BANK, N.A. v. PAMELA S. MATTUS, A/K/A PAMELA MATTUS and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 514 PARTRIDGE COURT MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 14 -1379 -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 9/16/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please begui.ed accordingly. Very iiy yours, Justi eAl, Esq., Id. No.200392 Ant, my for Plaintiff Enclosure 806047 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. Plaintiff v. PAMELA S. MATTUS A/K/A PAMELA MATTUS 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 -1379 -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. PAMELA S. MATTUS A/K/A PAMELA MATTUS 514 PARTRIDGE COURT MECHANICSBURG, PA 17050-2597 PAMELA S. MATTUS A/K/A PAMELA MATTUS PO BOX 886 HARRISBURG, PA 17108 DATE: B PAMELA S. MATTUS A/K/A PAMELA MATTUS 2233 ORCHARD RD CAMP HILL, PA 17011-7442 Phelan Hallinan, LLP obeski, Esquire AT RNEY FOR PLAINTIFF 806047 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SANTANDER BANK, N.A. Plaintiff v. PAMELA S. MATTUS A/K/A PAMELA MATTUS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants AND NOW, this Z 3 day of RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -1379 -CIVIL 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs 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. BY THE COURT J. 806047 ustin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 PAMELA S. MATTUS A/K/A PAMELA MATTUS 514 PARTRIDGE COURT MECHANICSBURG, PA 17050-2597 PAMELA S. MATTUS A/K/A PAMELA MATTUS PO BOX 886 HARRISBURG, PA 17108 /i ►�S iYL�t L J PAMELA S. MATTUS A/K/A PAMELA MATTUS 2233 ORCHARD RD CAMP HILL, PA 17011-7442 9/13/1 806047 1.11 806047 PLAINTIFF SANTANDER BANK, N.A. %1T OF SERVICE CUMBERLAND COUNTY PH # 806047 DEFENDANT SERVICE TEAM/ Ixh PAMELA S. MATTUS A/K/A PAMELA MATTUS COURT NO.: 14 -1379 -CIVIL THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE PAMELA S. MATTUS A/K/A PAMELA MATTUS AT: 2233 ORCHARD RD CAMP HILL, PA 17011-7442 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to PAMELA S. MATTUS A/K/A PAMELA MATTUS, Defendant on the 3 day of 445 V9 ,20 14 at/�rr o'clock C. M., at Aa." v �. Jr c`q,�tl a • die manne crib/eedd belo y `1 , 94 Defendant personally served. d l 4 I _ 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: Descri 'on: Age u COeight /3 � Race �lJ Sex Other o[ C YJc< tl' `a/ mp fit 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 ca.tioned case on the date and at the address indicated above. I understand that this statement is made subject to alties of 18 Pa. Se•. 490' relatin unsworn falsification to authorities. \EPS- Sc.S DATE: NAME: PRINTED N TITLE: t Y �GICv�rj'� a ccs;i' NOT SERVED On the dayof 20_, at o'clock . M., I, state that Defendnt NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) , a competent adult hereby No Answer on at Service Refused Other: at I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. c 1. -0 3 .r- -- 4. PRINTED NAME: rri ter i ' A -0r-- -0 ATTORNEY FOR PLAINTIFF .- c Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 <C; --t CD 2 One Penn Center Plaza D' C`) = CD - Philadelphia, PA 19103 6 c=) (215) 563-7000 �' —i t' BY: Flan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. Plaintiff vs. PAMELA S. MATTUS A/K/A PAMELA MATTUS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA ATTORNEY FOR PLAINTIFF C) 1,3 = Ca Court of Common -B s rn =r11 c) — Civil Division = I (Pr- CUMBERLAND City 34 C) No.: 14-1379-CIVIe ---1 trk cz CD -n Q -1-1 Fs CD ---( Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 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. PAMELA S. MATTUS A/K/A PAMELA MATTUS 514 PARTRIDGE COURT MECHANICSBURG, PA 17050-2597 PAMELA S. MATTUS A/K/A PAMELA MATTUS PO BOX 886 HARRISBURG, PA 17108 DATE: By: Jonah Lobb, Esq., Id. No.312174 Attorney for Plaintiff PAMELA S. MATTUS A/K/A PAMELA MATTUS 2233 ORCHARD RD CAMP HILL, PA 17011-7442 Phelan Hallinan, LLP 806047 ;, Phelan Hallinan, LLP 21:', m 2: Adam H. Davis, Esq., Id. No.203034, „ ATTORNEY FOR PLAINTIFF -,rt„;'! 1617 JFK Boulevard, Suite 1400 rCOI"; One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 SANTANDER BANK, N.A. Plaintiff vs. PAMELA S. MATTUS A/K/A PAMELA MATTUS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -1379 -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 September 18, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about September 23, 2014 directing the Defendants to show cause by October 13, 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 8, 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 October 13, 2014. 806047 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan Hallinan, LLP DATE: I By: .(--- Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 806047 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SANTANDER BANK, N.A. Plaintiff v. PAMELA S. MATTUS A/K/A PAMELA MATTUS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE° MIDDLE DISTRICT OF PA Defendants AND NOW, this L s day of RULE Court of. Common Pleas Civil Division CUMBERLAND County No.: 14 -1379 -CIVIL 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. BY THE COURT J. Le :011411 £Z d3S h10?, 806047 Exhibit "B" Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. Plaintiff VS. PAMELA S. MATTUS A/KJA PAMELA MATTUS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ATTORNEY FOR PLAINTIFF Court of Common Civil Division CUMBERLAND Cody No.: 14 -1379 -CIVIL CERTIFICATION OF SERVICE Ai Urt t C=4 C) — + ,30 th L e.) I hereby certify that a true and correct copy of the Court's September 23, 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. PAMELA S. MATTUS A/K/A PAMELA MATTUS 514 PARTRIDGE COURT MECHANICSBURG, PA 17050-2597 PAMELA S. MATTUS A/K/A PAMELA MATTUS PO BOX 886 HARRISBURG, PA 17108 PAMELA S. MATTUS A/K/A PAMELA MATTUS 2233 ORCHARD RD CAMP HILL, PA 17011-7442 Phelan Hallinan, LLP By: 'Jona Lobb, Esq., Id. No.312174 Attorney for Plaintiff 806047 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 vs. PAMELA S. MATTUS A/K/A PAMELA MATTUS 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 -1379 -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. PAMELA S. MATTUS A/K/A PAMELA MATTUS 514 PARTRIDGE COURT MECHANICSBURG, PA 17050-2597 PAMELA S. MATTUS A/KJA PAMELA MATTUS PO BOX 886 HARRISBURG, PA 17108 DATE: (0/17/ir PAMELA S. MATTUS A/K/A PAMELA MATTUS 2233 ORCHARD RD CAMP HILL, PA 17011-7442 Phelan Hallinan, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 806047 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A. Plaintiff vs. PAMELA S. MATTUS A/K/A PAMELA MATTUS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -1379 -CIVIL ORDER AND NOW, this 13 day of pv , 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 tunc as follows: Principal Balance Interest Through December 3, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Non Sufficient Funds Charge $186,784.53 $93,745.59 $6,182.31 $2,775.00 $1,095.00 $836.95 $567.00 $30.00 -p3 -- =.-f pl c° Q r —4 r > t <©c—rl Z' c`3 .1 .o (--) CI I 11 7� 9,? ,-..t -# PO%7 806047 Escrow Deficit TOTAL Plus interest at six percent per annum. $39,256.54 $331,272.92 Note: The above figure is not a payoff quote. Sheriffs commission is not ncluded in the above figure. Co 'ec fiCalsr-L 8, A)vvis PP2InEla. rtna-giAis 806047 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 OF THE PROT ONO l/ R Y 20A NOV -3 nil 9= 52„ for Plaintiff CUMBERLAND COUNTY F'ENNSYf VAWA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A. Plaintiff, v. PAMELA S. MATTUS A/K/A PAMELA MATTUS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No.: 14 -1379 -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: 10/1(Mr. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 806047 r Americhoice Feu Readylink Ford Motor Credit Company Ford Motor Credit Company C/O Charlene Taylor, Esquire Hilton-Diminick Ortho Asso PC Hilton-Diminick Ortho Assoc. PC C/O Jana Toole, Esquire 2175 Bumble Bee Hollow Road Mechanicsburg, PA 17055 P.O. Box 618 Hershey, PA 17033 P.O. Box 6508 Mesa, AZ 85216-6508 1 Penn Center 1617 Jfk Blvd #935 Philadelphia, PA 19103 3412 Trindle Road Camp Hill, PA 17011 1007 Mumma rd Suite 101 Lemoyne, PA 17043-1183 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) US. Treasury Department Pittsburgh Office 1000 Liberty Avenue Room 808 Pittsburgh, PA 15222-9974 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Township of Hampden Township of Hampden C/O Keith Orr Brenneman, Esq. 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 230 S. Sporting Hill rd Mechanicsburg, PA 17050 Snelbaker & Brenneman PC 44 W Main st Mechanicsburg, PA 17055-6249 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 SLEEPY HOLLOW COMMUNITY ASSOCIATION Address (if address cannot be reasonably ascertained, please indicate) 517 COBBLER COURT MECHANICSBURG, PA 17050 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) PH # 806047 oft Tenant/Occupant 514 Partridge Court Mechanicsburg, PA 17050-2597 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 Pamela Mattus C/O Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare 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: /al / 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 # 806047 Name and Address Of Sender Phelan Hallinan, LLP 111110 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 AZKJKAZ - 1 2 /0 312 01 4 SAL Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** Township of Hampden 230 S. Sporting Hill Rd Mechanicsburg, PA.17050 $0.48 2 ***•• Township of Hampden C/O Keith Orr Brenneman, Esq. SNELBAKER &BRENNEMAN PC 44 W MAIN ST MECHANICSBURG, PA 17055-6249 S0.48 RE: PAMELA S. MATTUS A/K/A PAMELA MATi'US (CUMBERLAND) PH # 80604711026 Page 1 of 1 45 Day $0.96 Total Number of Pieces listed by Sender That Number of times Received at Post Office .. Pastmesia, Per (Name of Rnxivinn Employee) - The full deelmation of calve is required on all dementie and international registered frill. TM for the recommission of noonegooabk documents under Express Mail document rcconstcucti+ piece subject to a limn of 5300,000 pss omunence. The omuenumt indemnity pliable m Exp The mains= indemnity payable is $25.000 forst maid mail, sent odd., optional idicuamce: R9oO 5913 and S92 i for limitations of cmmaaga Form 3877 Facsimile PH # 806047 4 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/JKM -12/03/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address Sovereign Bank C/O Robert Salzman, Esquire 20000 HORIZON WAY, SUITE 900 MT LAUREL, NJ 08054 Postage $0.47 2 US. Treasury Department Pittsburgh Office Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 $0.47 3 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA .17013 $0.47 4 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 CA A:4 gi $0.47 to IN) n' 12 $0.47 p_• 5 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 6 U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108.1754 7 Readylink P.O. Box 618 Hershey, PA 17033 $0.47 8 Sleepy Hollow Community Association 517 Cobbler Court Mechanicsburg, PA 17050 $0.47 9 Sovereign Bank 601 Penn Street Reading, PA 19601 $0.47 10 Sovereign Bank C/O Robert F. Thomas, Esquire 20000 HORIZON WAY SUITE 900 MT LAUREL, NJ 08054-4318 $0.47 Total Number of Pieces Li ted by Sender RE: PAMELA S. MATTUS A/K/A PAMELA MATTUS (CUMBERLAND) PH # 806047/1021 Page 2 of 2 Writ Team $9.87 Total Number of Pieces Received at Post Office Postmaster. Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail, The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is 550.0(5) per piece subject to it limit of 5500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $5151, The maximum indemnity payable is $25,000 for registered mail, sent With optional insurance. See Domestic Mail Manual P.900 5913 and 5921 for limitations of coverage. Form 3877 Facsimile Name and Phelan Hallinan, LLP Of Sender One Penn Center Plaza Philadelphia, PA 19103 AZK/JKM -12/03/2014 SALE 0 1•- II Line Article Number Name of Addressee, Street, and Post Office Address Postage W CD 1 **** TENANT/OCCUPANT 514 PARTRIDGE COURT MECHAMCSBURG, PA 17050-2597 $0.47 1 I 0 !A 2 **** Americhoice Fcu 2175 Bumble Bee Hollow Road Mechanicsburg, PA 17055 $0.47 11 o wrt t 3 **** Commonwealth of Pennsylvania Bureau of Compliance PO BOX 280946�' Harrisburg, PA 17128-0946 $0.47 NI0t ' -� , �. P, 4 **** Commonwealth of Pennsylvania Bureau of Compliance PO BOX 280948 Harrisburg, PA 17128-0948 $0.47 c� } ,. ; , � f . Tax $0.47 5 **** Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Division 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 pA 19r 6 **** Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 . $0.47 7 **** Ford Motor Credit Company P.O. Box 6508 Mesa, AZ 85216-6508 $0.47 ` ` — 8 **** Ford Motor Credit Company C/O Charlene Taylor, Esquire 1 PENN CENTER 1617 JFK BLVD #935 PHILADELPHIA, PA 19103 $0.47 9 **** Hilton-diminick Ortho Asso PC 3412 Trindle Road Camp Hill, PA 17011 $0.47 10 **** Hilton-diminick Ortho Assoc. PC CdO Jana Took, Esquire 1007 MUMMA RD SUITE 101 LEMOYNE, PA 17043-1183 $0.47 11 **** Pamela Mattus C/O Karl E. Rominger, Esquire 155 SOUTH HANOVER STREET CARLISLE, PA 17013 $0.47 -- .- RE t S. S, AAIK/PAMELA MATiU3'{CVMBiERLAMI)___� ,P11# 806047/1021 Page 1 of W•Tesin} ritt Total Number of Pieces Li ted by Send= Total Number of Pieces Exulted at Post Office Postmaster. Per (Name of Receiving Employee, The full declaration of value Is required on all domestic and International registered mail. The maximum Indemnity payable for the reconstruction of nonnegntiabk dncumcros under Express Mail document reconstruction insurance is 550.0(10 per piece subject to a Amit of 5500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is 550(,, The maximum indemnity payable is S25,000 for registered mail, sent with optional insurance. Sec Domestic Mail Manual R90() 5913 and 5921 for limituiont of coverage. Form 3877 Facsimile 4 Santander Bank, N.A. Plaintiff v. Pamela S. Mattus a/k/a Pamela Mattus Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -1379 -CIVIL CUMBERLAND COUNTY AMENDED 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 514 Partridge Court, Mechanicsburg, PA 17050-2597. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) PAMELA S. MATTUS 2233 ORCHARD RD A/K/A PAMELA MATTUS CAMP HILL, PA 17011-7442 514 PARTRIDGE COURT MECHANICSBURG, PA 17050-2597 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) PAMELA S. MATTUS 2233 ORCHARD RD A/K/A PAMELA MATTUS CAMP HILL, PA 17011-7442 514 PARTRIDGE COURT MECHANICSBURG, PA 17050-2597 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) Commonwealth of Pennsylvania Bureau of PO Box 280946 Compliance Harrisburg, PA 17128-0946 Commonwealth of Pennsylvania Bureau of PO Box 280948 Compliance Harrisburg, PA 17128-0948 Sovereign Bank 601 Penn Street Reading, PA 19601 Sovereign Bank C/O Robert F. Thomas, Esquire 20000 Horizon Way Suite 900 MT Laurel, NJ 08054-4318 Sovereign Bank C/0 Robert Salzman, Esquire 20000 Horizon Way, Suite 900 MT Laurel, NJ 08054 PH # 806047 f'�_ _ I�ELi Ur ►f?E PH01Ho:QTAR" 2.31' DEC I 0 Ail 10: 16 CU'��•1CUMBERLANDCUMBERLANDCOUNTY P EN;',1S f LAMA IA 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff SANTANDER BANK, N.A. Plaintiff : CIVIL DIVISION v. : No.: 14 -1379 -CIVIL PAMELA S. MATTUS A/K/A PAMELA MATTUS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter has been continued until 02/04/2015 at 10:00 AM. Date: (Z/ /7r G%l/ Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 806047 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff SANTANDER BANK, N.A. Plaintiff : CIVIL DIVISION v. : No.: 14 -1379 -CIVIL PAMELA S. MATTUS A/K/A PAMELA MATTUS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: PAMELA S. MATTUS 514 PARTRIDGE COURT MECHANICSBURG, PA 17050-2597 PAMELA S. MATTUS PO BOX 886 HARRISBURG, PA 17108 PH # 806047 PAMELA S. MATTUS 2233 ORCHARD RD CAMP HILL, PA 17011-7442 Date: /277M(s PH # 806047 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff