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HomeMy WebLinkAbout14-1476S E C T 1 0 N A S E C T I 0 N Supreme Court of Pennsylvania Cour .of C.o $yi fG.l }r >, mmo n Pleas lvil Cover, Sheet CUMBE rAND' ; County For Prothonotary Use Only: r Docket No: I The information collected on this form is used solely for court administration purposes. This fora: does not supplement or replace the (link and service ofpleadinQs or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking Complaint ❑ Writ of Summons ❑ ❑ Transfer from Another Jurisdiction ❑ Lead Plaintiff's Name: SANTANDER BANK, N.A. Lead Defendant's Name: SHEREE L. FRAKER Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? ❑ Yes © No (Check one) © outside arbitration limits Is this a Class Action Suit? ❑ Yes © No Is this an MDJ Appeal? ❑ Yes © No 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) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABILITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other ❑ Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ® Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections ❑ Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non- Domestic Relations Restraining Order ❑ Quo Warranto ❑ Replevin ❑ Other: Updated 01/01/2011 PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.lcrohn@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 Plaintiff v. LAO ITIONO 2014 13 liti 10: e, CUVIBERLAND COUNT' PENNSYLVANIA SHEREE L. FRAKER, IN HER CAPACITY AS ADMINISTRATRIX OF THE ESTATE OF JOSEPH D. RAILING 11 KUTZ RD CARLISLE, PA 17015-9424 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED 519 NORTH BEDFORD STREET CARLISLE, PA 17013-1914 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. H-1 L CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #1: 931302 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: SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING 11 KUTZ RD CARLISLE, PA 17015-9424 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED 519 NORTH BEDFORD STREET CARLISLE, PA 17013-1914 who is/are the real owner(s) of the property hereinafter described. 3. On 11/29/2005 JOSEPH D. RAILING made, executed and delivered a mortgage upon the premises hereinafter described to SOVEREIGN BANK , which mortgage is recorded in the Office of the Recorder of Deeds of CLTMBERLAND County, in Book 1932, Page 2634.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. Sovereign Bank is now known as Santander Bank, N.A. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2013 and each month thereafter are due and unpaid, and by the terms File #: 931302 of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage as of 01/24/2014: Principal Balance $112,341.33 Interest $5,498.89 05/01/2013 through 01/24/2014 Late Charges $323.52 Property Inspections $51.75 Mortgage Insurance Premium / $89.87 Private Mortgage Insurance Escrow Deficit $1,523.79 TOTAL $119,829.15 8. Plaintiff is not seeking a judgment of personal liability (or an in ersonam 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) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with File #: 931302 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. Mortgagor JOSEPH D. RAILING died on 05/04/2013, and SHEREE L. FRAKER was appointed Administratrix of his estate. Letters of Administration were granted to her on 05/31/2013 by the Register of Wills of Cumberland County, No. 21-13-620. Decedent's surviving heir(s) at law and next-of-kin are JOSEPH 0. RAILING, JR and SHEREE L. FRAKER. 11. By executed waiver, JOSEPH 0. RAILING, JR waived his right to be named as a defendant in the foreclosure action. Said waiver is attached as Exhibit" A ". 12. By executed waiver, SHEREE L. FRAKER, in her capacity as Heir of the Estate waived her right to be named in her capacity as Heir of the Estate, only. SHEREE L. FRAKER, will be named solely in her capacity as Administratrix of the Estate in the within foreclosure action. Said waiver is attached as Exhibit"B ". 13. Plaintiff does not hold the named Defendant, SHEREE L. FRAKER, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant in the aforesaid real estate only, and the Defendant has been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $119,829.15, 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 File #: 931302 By: File #: 931302 John D. Kriln, Esq., Id. No.312244 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly described as follows, to wit: ON the North by North Bedford Street; on the East by property now or formerly of E. H. Keefer; on the South by an alley and on the West by property now or formerly of August Kensler, deceased. HAVING a frontage of 25 feet on North Bedford Street and extending 150 Feet, more or less, in depth. BEING known and numbered as 519 North Bedford Street, Carlisle, PA 17013. PROPERTY ADDRESS: 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914 PARCEL #02-20-1800-093. File #: 931302 EXHIBIT "A" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, JOSEPH 0. RAILING, JR, Heir of the Estate of JOSEPH D. RAILING, hereby acknowledge that I may have an ownership interest in the property located at 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by SOVEREIGN BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: -DT/ ,c9NO P 0. RAILING, Heir the Estate of JOSEPH D. RAILING scB EXHIBIT "B' WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, SHEREE L. FRAKER, Heir of the Estate of JOSEPH D. RAILING, hereby acknowledge that I may have an ownership interest in the property located at 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa. C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by SOVEREIGN BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff s sale of the mortgage premises. DATE: 9-/3 r/ SHEREE L. FRAKER, Heir of the Estate of JOSEPH D. RAILING 1502_ VERIFICATION .cIl1fisi2_111/4k qdg, hereby states that he/she is ,c(nklo Q geeof SANTANDER BANK, N.A., Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information, and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: &.3 File#: 931302 Name: FRAKER File #: 931302 SANTANDER BANK, N.A. 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 14: 931302 SANTANDER BANK, N.A. Plaintiff(s) vs. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR IN 1EREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Defendant(s) FORM 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 foeclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must 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, whch 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 attemptto 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 hwyer 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. Ifyou 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. Date Respectfully submitted: 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: State: Zip: Is the property for sale? Yes 0 No 0 Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes 0 No El Mailing Address (if different): City: Phone Numbers: Email: Home: Cell: State: Office: Other: Zip: # of people in household: How long? CO-BORROWER Mailing Address: City: Phone Numbers: Email: State: Zip: Home: Cell: Office: Other: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & 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: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Year: Year: 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 Support/Alim. Spending Money Day /Child Care /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide,the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) 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 6f your knowledge: name(s): Property Address: City: State:DOCEID Zip: 00E100 Is the property for sale? Yes No Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes No Mailing Address (if different): City: State:0 ODD OZip: CE1000 Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: Phone Numbers: Home: Office: Cell: Other: Borrower State: DODD Zip: 00000 Email: # of people in household: How long? 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 00000 Food 0E1000 2nd Mortgage D0000 Utilities 0 D000 Car Payment(s) 00000 Condo/Neigh. Fees 00000 Auto Insurance 00000 Med. (not covered) 00000 Auto fuel/repairs 00000 Other prop. payment 00000 Install. Loan Payment 00000 Cable TV 00000 Child Support/Alim. 00000 Spending Money 00000 Day/Child Care/Tuit. 00000 Other Expenses 000E0 Amount Available for Monthly Mortgage Payments Based on Income & Expenses: 00000 Have you been working with a Housing Counseling Agency? Yes No If yes, please provide the following infoilliation: 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: I/We, Phone: , 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) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~� ' CUM T'fiE OFFICE, OF 11-:: Skti-FP A1 1'; 23 � � * ������~T. � ~ .__ `� - PFQRSY[VARh. Santander Bank,N}� vs. Sheree L Fraker Case Number 2014-1476 SHERIFF'S RETURN OF SERVICE 03/14/2014 Ronny R Anderson, Sheriff, being duly sworn according to aw, states he made diligent search and in4uiry for the within named Defendant to wit: Sheree L Fraker, 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 519 N. Bedford Street, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. 03/14/2014 03:35 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 'poruona||y''handing a true copy to a person representing themselves to be the Defendant, to wit: Sheree LFnaherat11 Kutz Road, Penn Township, Carlisle, P/\17O15 SHERIFF COST: $41.56 SO ANSWERS, March 18, 2014 RONNYR ANDERSON, SHERIFF iq Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SANTANDER BANK, N.A. vs. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING ET AL. 7.r t O 1! (��i j' PENNSYLVANIA"r,. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 2014-1476 CUMBERLAND COUNTY MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, SANTANDER BANK, N.A., respectfully requests that this Honorable Court enter an ORDER granting Plaintiff's Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. On November 29, 2005, JOSEPH D. RAILING made, executed, and delivered a mortgage upon the premises at 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914. 2. The loan is in default as payments due June 1, 2013 and each month thereafter are due and unpaid. 3. Mortgagor JOSEPH D. RAILING died on 05/04/2013, and SHEREE L. FRAKER was appointed Administratrix of his estate. Letters of Administration were granted to her on 931302 05/31/2013 by the Register of Wills of Cumberland County, No. 21-13-620. Decedent's surviving heir(s) at law and next-of-kin are JOSEPH O. RAILING, JR and SHEREE L. FRAKER. Attached hereto, marked as Exhibit "A" is a true and correct copy the Estate Documents. 4. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of JOSEPH D. RAILING. Plaintiffs investigation was unable to locate any other heirs. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 5. By letter dated December 10, 2013, Plaintiff contacted SHEREE L. FRAKER to inform her of the foreclosure action. Plaintiff attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of JOSEPH D. RAILING. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiffs letter. 6. By executed waiver(s), JOSEPH O. RAILING, JR waived his right to be named as a defendant in the foreclosure action. Said waiver(s) is attached as Exhibit" D ". 7. On March 13, 2014, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "E" is a true and correct copy of the Complaint in Mortgage Foreclosure. 8. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and all persons, firms or associations claiming right, title or interest from or under the decedent record owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction. See Exhibit "E." 931302 9. Because there may be parties with an interest in the mortgaged premises that are unknown, Plaintiff must effectuate service through Special Order of Court. 10. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that No Judge has previously entered a ruling in this case. 11. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on May 9, 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) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "G." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN HALLINAN, LLP Date: 07/z/71' By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 931302 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SANTANDER BANK, N.A. vs. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 2014-1476 CUMBERLAND COUNTY MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). 931302 Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit "B" is a copy of the Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure of the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the requested relief. Date: V llZ��� PHELAN HALLINAN, LLP By: fft—C'eAuv i, A(A'i"-1. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 931302 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SANTANDER BANK, N.A. vs. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 2014-1476 CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service was served by regular mail on Defendant(s) on the date listed below: SHEREE L. FRAKER 11 KUTZ RD CARLISLE, PA 17015-9424 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED 519 NORTH BEDFORD STREET CARLISLE, PA 17013-1914 PHELAN HALLINAN, LLP Dated: '-‘;\// Z%/ By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 931302 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 May 9, 2014 SHEREE L. FRAKER 11 KUTZ RD CARLISLE, PA 17015-9424 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED 519 NORTH BEDFORD STREET CARLISLE, PA 17013-1914 RE: SANTANDER BANK, N.A. vs. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING ET AL. Civil Docket No. 2014-1476 Dear Defendant: Enclosed please find a copy of my proposed Motion for Special Service of the Complaint and all future pleadings and Order. In accordance with CUMBERLAND County Local Rule 208.3(9) I am seeking your concurrence with the requested relief. Please respond to me within one week, by (Date). Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sincerely, SEAN MCLAUGHLIN Legal Assistant PH # 931302/SNM Exhibit "A" ROW460D Cumberland County - Register Of Wails Estate Inquiry File No 21 2013-00620 PA File No 21-2013-0620 Decedent RAILING JOSEPH D FIRST ENTRY Page 2 of 2 5/31/13 PETITION FOR GRANT OF LETTERS OF ADMINISTRATION DEATH CERTIFICATE OATH OF PERSONAL REPRESENTATIVE RENUNCIATION HEA 5/31/13 DECREE OF PROBATE & GRANT OF LETTERS ADMINISTRATION HEA 6/07/13 CERTIFICATION OF NOTICE UNDER RULE 5.6(A) HMW 8/05/13 CLAIM AGAINST ESTATE FILED BY BANK OF AMERICA IN THE AMOUNT OF $12,158.27 + F2=Done F12=Cancel F17=Top F18=Bottom PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully requests the grant of Letters in the appropriate form: Decedent's Information Name: Joseph D. Railing File No: 21 _ (�J�l✓ a/k/a: (Assigned by Register) a/k/a; a/k/a, Social Security No: Date of Death: 05/04/2013 Age at Death: Decedent was domiciled at death in Cumberland County. PA (Stare) with his/her last principal residence at 519 North Bedford Street, Carlisle 17013 Carlisle Cumberland Street address, Post Office end Zip Code City. Township or Borough County Decedent died at 11 Kutz Road Carlisle Cumberland PA Street address, Post Office and Zip Code Cey, Township or Borough County State Estimate of value of decedents property at death: If domiciled in Pennsylvania All personal property $ 15,000.00 lfnot domiciled in Pennsylvania Personal property in Pennsylvania ; if not domiciled in Pennsylvania Personal property in County $ Value of real estate in Pennsylvania $ 80,000.00 El TOTAL ESTIMATED VALUE 95,000.00 Reel estate m Penrpylvards eeuatdd m 519 North Bedford Street, Carlisle 17013 Carlisle Cumberland (Mash additional sheets, if necessary.) Street addtass, Post Office and Zip Cods City, Township Or Borough County ❑ A. petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated and Codicil(s) thereto dated State relevant circumstances (e.g., renunciation. death of executor. etc.) Except as follows: after the execution of the instrument(s) offered for probate, Decedent did not marry,was not divorced, was not a partyto a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. §§323(g), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS ❑ EXCEPTIONS B. petition for Grant of Letters of Administration is applicable) cam'— w rnrt1 c.t.a., d.b.n., d.b.n.c.t.e., prgtfinPte. durantC sentiB7di to minoritate If Administration, c.t.a or d.b.n.c.t.a., enter date of Will in Section A above and complete list of bei : c., —� Except as follows: Decedent was not a party to.pending divorce proceedingwherein the grounds for divots had e'en eslablished.as defined in 23 Pa. C.S. § 3323 (g) and was neither the victim of a killing nor ever adudicated an incapacitated perfb t.._- „ l—.• ® NO EXCEPTIONS 0 EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the.fol(pwiag spouse (if any) aid heirs (attach additional sheets, if necessary):• 1 Name Relationship Address ur Sharpe L. Fraker Mother • 11 Kutz Road Carlisle, PA 1705 Joseph O. Railing, Jr. Father 422 A Street Carlisle, PA 17013 Form RW02 rev 104 1-2011 Copyright (c) 2011 Corm software only The Lackner Group. (tic. Papelot2 ,\,.e Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF Cumberland ) Orr,atat Use Only Petitioner(s) Printed Name Petitioner(s) Printed Address Sheree L. Fraker 11 Katz Road Carlisle, PA 17015 The Petitioners) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Repnesentative(s) of the Ddent, Petitioner Il well and truly administer the estate according to law. Date ,r&/ Id Sworn to or affirm met By' For th ed d and subscribed before Date Date Date BOND Required? ❑ YES NO FEES: Letters ( /j )Short Certificate(s).. $) U ( f )Renunciation(s) 5 ( Bond )Codicil(s) )Affidavit(s) Commission Other Automation Fee 5 _— JCS Fee g 5 • 513-"' TOTAL $ Estate of Joseph D. Rallinq atkia: AND NOW, satisfactory proof havin r been pre nted before me, IT IS DECREED that Letters are hereby granted to - = L. Fraker To the Register of Wills: Please enter my appearance by my signature below: Aito 4na pri f' r� Bradley L Griffie n Supreme Court 34349 ID Number: Firm Name: Address: Phone: Fax: E-mail: Oriffle & Associates, FSC. r I 200 North Hanove0trueest; Carlisle, PA 17013 :.. f_: 717-243-5551 bgrltfle@griffielaw.com DECREE OF THE REGISTER in the above estate and (if applicable) that the instrument(s) dated described in the Petition be admitted to probate and filed of record aert. Foran RW -02 rev moll/2011 Date of Death: 05104/2013 Social Security No: 11111�r Fite No: 21 -- I ^ iii C' l S in consideration of the foregoing Petition. of Administration R'star o Copyright (o) 2011 form The Lackner Grog:. Inc. RENUNCIATION RE REGISTER OF WILLS � ii t 31. CUMBERLAND COUNTY, PENNSYLVANIA _ .,. ,. CUMBERLAtI) PA . r i•• i••• Cin 10 35 Estate of Joseph D. Railing I, Joseph O. Railing, Jr. (Print Name) Father of the above Decedent, hereby renounce the right to , Deceased , in my capacity/relationship as administer the Estate of the Decedent and respectfully request that Letters be issued to the Decedent's Mother, Sheree L. Fraker (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills Form RW -06 res. 10.13.06 Carlisle, PA 17013 (City. State, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this day ; e siS Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTARIAL. SEAL ROBIN J. BASSETT Notary Public CARUSLE BOROUGH, CUMBERLAND CO. Commission Expires Apr. 17, 2015 IIS CERTIFICATION OF NOTICE UNDER Pa. O.C. Rule 5.6(a) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: Joseph D. Railing Date of Death: 05/04/2013 File Number. 21-13-0620 Date Letters Granted: 05/31/2013 To the Register: I certify that Notice of Estate Administration required by Pa. O.C. Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above -captioned estate on 06/05/2013 Name Addresg Sheree L. Fraker 11 Kutz Road, Carlisle, PA 1705 Joseph O. Railing, Jr. 422 A Street, Carlisle, PA 17013 Notice has now been given to all persons entitled thereto under Pa. O.C. Rule 5.6(a) except: Date 0610512013 CO Q apacity: r Personal Representative ® Counsel Li =3- ID-- Q - 0 O n� r- uws - u��,_ �QCC al s � v m Address O Gp ^- O Lr (...? Cty, State, Zip 717-243-5551 Bradley L Griffie Name of Person Filing this Form 200 North Hanover Street Carlisle, PA 17013 Fpm RW --08 Rev. 10.13-2006 TOlaphone Copyright (c) 2006 form ao(Mare only The Lackner Group, Inc. nu) STATE OF Pennsylvania IN RE: ESTATE OF IN THE REGISTER OF WILLS JOSEPH RAILING CUMBERLAND COUNTY CASE#: 21-13-0620 STATEMENT OF CLAIM Bank of America 1. hereby presents for fling against the above estate this statement of claim in the amount of $ $12,158.27 2. The basis for the claim is account number 5490993226916809 which was open on 2/18/1999 . 3. The name and address of the claimant is Bank or America Flit Card Services NA P.O. Box 982238 EL Paso, TX 79998-2238 4. This claim IS NOT contingent This claim IS NOT secured 6. The last payment made on the account was $ $400.00 on 5/4/2013 7. Please send payments to Bank of America P.O. Box 982238 EL Paso, TX 79998-2238 1-888-221-4299 Please write the above account number on your check. Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. Executed this 1 day of August , 2013 Bank of America FIA Card Services NA Claimant Name: Craig Smith Claimant Signature: rA� Exhibit "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 931302 Attorney Firm: Phelan Hallinan, LLP Subject: Joseph D. Railing Property Address: 519 North Bedford Street, Crltisle, PA 17013 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Joseph D. Railing - 179-66-xxxx B. EMPLOYMENT SEARCH Joseph D. Railing - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Joseph D. Railing reside(s) at: 519 North Bedford Street, Crltisle, PA 17013. Il. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Joseph D. Railing. B. On 09-27-13 our office made a telephone call to a possible phone number of the subject(s) (717) 241-9609 and received the following information: disconnected. On 09-27-13, 09-30-13,10-01-13,10-02-13,10-03-13,10-04-13 & 10.07-13 our office made several telephone calls to a possible phone number of the subject(s) (717) 385-0375 and received the following information: answering -machine. Our office was unable.to locate any heir for Joseph D. Railing. III. OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.com. B. Our results found nothing. C. Attempted to find obituary via http://www.legacy.com/NS/obitfinder/obituary-search.aspx. D. Found obituary published May 5, 2013 in the Sentinel, The (Carlisle, PA). See attached. IV. INQUIRY OF HEIRS AND NEIGHBORS On 09-27-13 our office was unable to locate any information for. Heidi Railing, relative of Joseph D. Railing, On 09-27-13 our office was unable to locate any information for Suzanne Railing, relative .of 'Joseph D. Railing. On 09-27-13 our office was unable to locate any information for Martel. Railing, relative of Joseph D. Railing. On 09.27-13 our office was unable to locate any information for Gossert Fraker, relative of Joseph D. Railing. On 09-27-13 our office was unable to locate any information for Ray, relative of Joseph D. Railing. On 09-27-13 our office was unable to locate any information for Shirley Bricker, relative of Joseph D. Railing. On 09-27-13 our office was unable to locate any information for Barbara L. Gossert, relative of Joseph D. Railing. On 09-27-13 our office was unable to locate any information for Violet Fraker, relative of Joseph D. Railing. On 09-27-13 our office was unable to locate any information for Amanda J. Fraker, relative of Joseph D. Railing. On 09-27-13 our office was unable to locate any information for Michael E. Fraker, relative of Joseph D, Railing. On 09-27-13 our office was unable to locate any information for Erika Martin, relative of Joseph D. Railing. On 09-27-13 our office was unable to locate any information for William, relative of Joseph D. Railing. On 09-27-13 our office was unable to locate any information for Charles M. Fraker, relative of Joseph D. Railing. On 09-27-13 our office was unable to locate any information for Steven Dougherty, relative of Joseph D. Railing. On 09-27-13 our office attempted to contact Florence 11. Fisher, potential relative of Joseph D. Railing at: 619 North West Street, Carlisle, PA 17013, but was unable to get any phone number for her. On 09-27-13 our office attempted to contact Alison Krom, potential relative of Joseph D. Railing at 102 West Willow Street, Carlisle, PA 17013, but was unable to get any phone number for him. On 09-27-13 our office attempted to contact Sheree L. Fraker, relative of Joseph D. Railing at: 11 Kutz Road, Carlisle, PA 17015, but was unable to get any phone number for her. On 09-27-13 our office made a phone call in an attempt to contact Sandra Kay Railing, potential relative of Joseph D. Railing at (717) 249-3296, 619 North West Street, Carlisle, PA 17013: not in service. On 09-27-13 our office made a phone call in an attempt to contact Steven L. Krom, potential relative of Joseph D. Railing at (717) 245-2819, 610 South Spring Garden Street, Carlisle, PA 17013: not in service. On 09-27-13 our office made a phone call in an attempt to contact Rebecca Lynn Odonnell, potential relative of Joseph D. Railing at (717) 323-0526,17 South Baltimore Avenue, Mount Holly Springs, PA 17065: not in service. On 09-27-13 our office made a phone call in an attempt to contact Debra K. Railing, potential relative of Joseph D. Railing at (717) 243-8524 240 Arch Street, Carlisle, PA 17013: spoke with an unidentified female who could not confirm arty heir information for Joseph D. Railing. On 09-27-13, 09-30-13,10-01-13,10-02-13,10-03-1.3,10-04-13 & 10-07-13 our office made several phone calls in an attempt to contact Joseph O. Railing Jr., potential relative of Joseph D. Railing at (717) 243-2061, 422 A Street, Carlisle, PA 17013: answering machine. On 09-27-13 our office made a phone call in an attempt to contact Patrick D. Odonnell, potential relative of Joseph D. Railing at (717) 243-1656,1153 Belvedere Street, Carlisle, PA 17013: fax tone. On 09-27-13, 09-30-13,10-01-13,10-02-13,10-03-13,10-04-13 & 10-07-13 our office made several phone calls in an attempt to contact Andrzej J. Jarzebowski, neighbor of the subject at (717) 258-6923, 523 North Bedford Street, Carlisle, PA 17013: answering machine. On 09-27-13, 09-30-13,10-01-13,10-02-13,10-03-13,10-04-13 & 10-07-13 our office made several phone calls in an attempt to contact Kimberly M. Sebestyen, neighbor of the subject at (717) 249-3361, 513 North Bedford Street, Carlisle, PA 17013: answering machine. On 09-27-13 our office made a phone call in an attempt to contact Michael R. Jones, neighbor of the subject at (717) 249-7761, 527 North Bedford Street, Carlisle, PA 17013: disconnected. Our office was unable to locate any heir for Joseph D. Railing. V. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-27-13 we reviewed the National Address database and found the following information: Joseph D. Railing - 519 North Bedford Street, Crltisle, PA 170713. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. VI. OTHER INQUIRIES A. DEATH RECORDS As of 09-27-13 Vital Records and all public databases have a death record on file for Joseph D. Railing. VII. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Joseph D. Railing -1980 B. DATE OF DEATH Joseph D. Railing - 05-04-2013 * Our accessible databases have been checked and cross-referenced for the above named individual{s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. above tn. car7ihfritis obtained from available public records and we areonly liable for the cost of the affidavit. Exhibit "C" PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 320-0007, Ext. 1256 Fax: 215-563-3352 December 10, 2013 SHEREE L. FRAKER, Administratrix and Heir of the Estate of JOSEPH D. RAILING 11 KUTZ RD CARLISLE, PA 17015-9424 JOSEPH O. RAILING, JR, Heir of the Estate of JOSEPH D. RAILING 422 A STREET CARLISLE, PA 17013-1820 RE; JOSEPH D. RAILING; 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914; SANTANDER BANK, N.A.; PH # 931302 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan, LLP represent SOVEREIGN BANK, N.A., the holder of the mortgage against the above -referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of JOSEPH D. RAILING's unfortunate death. We are sorry for your loss. As a possible heir of JOSEPH D. RAILING, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. It will however, be necessary to name SHEREE L. FRAKER as a defendant in the * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. foreclosure action in her capacity as Administratrix of the Estate as required by the Pennsylvania Rules of Civil Procedure. Again, please be advised SHEREE L. FRAKER is not personally liable for the debt, as she did not execute the mortgage or note. Our Office also requests that you please provide us with any additional heir information for JOSEPH D. RAILING, Deceased. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter. If you would like to request a payoff or reinstatement figure, please call (215) 563- 7000, and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter, please contact a representative of our firm's Decedent Department at (215) 320-0007, Ext. 1256 Sincerely, Meredith Wooters,.:.., sq., Id. No.307207 Attorney for Plaintiff Cc: BRADLEY L. GRIFFIE, ESQ * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, JOSEPH O. RAILING, JR, Heir of the Estate of JOSEPH D. RAILING, hereby acknowledge that I may have an ownership interest in the property located at 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by SOVEREIGN BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: JOSEPH O. RAILING, JR, Heir of the Estate of JOSEPH D. RAILING Exhibit "D" Attorneys and Counselors at Law Bradley L. Griffie, Esquire Hannah Herman -Snyder, Esquire Robin J. Bassett Office Manager Kelly L. Perez Legal Assistant Reply to: Carlisle Phelan Hallinan. LLP Attu: Meredith Wonters, Esquire 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, I'A 19103 December 26, 2013 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 Fax (717) 243-5063 flt.E Co RE: Joseph D. Railing; 519 North Bedford Street, Carlisle, PA 17013- 1914; Santander Bank, N.A.; PH #931302 Dear Ms. Wooters: Enclosed herein please find a Waiver executed by the natural mother of Joseph D. Railing and a Waiver executed by the natural father of Joseph D. Railing. At the time of Mr. Railing's passing, he was single and he did not have children born to him. Therefore, his parents are the beneficiaries of his estate. Although this is going to be an insolvent estate, at your request, Mrs. Fraker and Mr. Railing have agreed to waive any rights to notice relative to the foreclosure action. This real estate is heavily encumbered far over the value of the property and, therefore, there will be no distribution from the real estate if it was sold. There will be no distribution from the real estate or the estate upon conclusion of the estate and there would be no equity in the property should they attempt to retain the property. Therefore, they waive any notice or involvement in the foreclosure proceeding. Your attention in this regard is appreciated. BLGiljb Enclosure Cc: Sheree L. Fraker, Administratrix Very truly yours, y` WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, JOSEPH O. RAILING, JR, Heir of the Estate of JOSEPH D. RAILING, hereby acknowledge that I may have an ownership interest in the property located at 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by SOVEREIGN BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: he Estate of JOSEPH D. RAIL iNG FILE COPY WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, SHEREE L. FRAKER, Heir of the Estate of JOSEPH D. RAILING, hereby acknowledge that I may have an ownership interest in the property located at 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa. C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by SOVEREIGN BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but°not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. DATE: ti -/9-/3 IIEREI L. FRAKER4 Heir of the Estate of JOSEPH D. RAILING FILE COgf Exhibit "E' PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 Plaintiff v. ; t i ONO l A;s 201411118 13 lili 10: 22 Ct 16ERLra,ND COUNTY PENNSYLVANIA SHEREE L. FRAKER, IN HER CAPACITY AS ADMINISTRATRIX OF THE ESTATE OF JOSEPH D. RAILING 11 KUTZ RD CARLISLE, PA 17015-9424 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED 519 NORTH BEDFORD STREET CARLISLE, PA 17013-1914 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM j NO. I Li-) LP CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File*: 931302 iU t S E C T I 0 N A S E C T I 0 N B Supreme Cou;o Pennsy. lv ania •Courof Ciion.Pleas itn"}iC,iivil:movS eet CUMBE AND; f County For Prothonotary Use Only: rQ cY + . Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filin.g and service of pleadings or other jpapers as required by law or rules a court. Commencement of Action: © Complaint ❑ Writ of Summons El Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: SANTANDER BANK, N.A. Lead Defendant's Name: SHEREE L. FRAKER Dollar Amount Requested:. ■ within arbitration limits Are money damages requested? ■ Yes D No (Check one) ©outside arbitration limits Is this a Class Action Suit? ■ Yes © No Is this an MDJ Appeal? ■ Yes © No Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan, LLP (are a Self -Represented [Pro Se) Litigant) • Check here if you have no attorney 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) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABILITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 CONTRACT (do not include Judgments ❑ Buyer Plaintiff 0 Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other ❑ Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute El Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections ❑ Dept. of Transportation 0 Statutory Appeal: Other ❑ Zoning Board 0 Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non -Domestic Relations Restraining Order ❑ Quo Warranto ❑ Replevin ❑ Other: Updated 01/01/2011 SANTANDER BANK, N.A. Plaintiff(s) vs. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED FORM 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 fonclosure action, you may be able to participate in a court -supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must 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, whet' 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 attemptto 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 hwyer 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. Ifyou 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. 1.4 Date Respectfully submitted: 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: Borrower name(s): Property Address: City: Is the property for sale? Yes ❑ No ❑ Listing date: Realtor Name: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different):. City: Phone Numbers: Home: Office: State: Zip: Price: $ Realtor Phone: State: Zip: Email: Cell: Other: # of people in household: How long? Mailing Address: City: Phone Numbers: Email: State: Zip:. Home: Cell: Office: Other: # of people in household: How long? 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 C If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $. _. $ Automobile #1: Model: Year: Amount owed: Value: .. __......... Automobile #2: Model: Year: Amount owed: . Value: Other transportation (automobiles, boats, motorcycles): Model: Year:: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1, monthly amount: 2, monthly amount: Borrower Pay Days: Co -Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Other prop. payment Auto fuel/repairs Install. Loan Payment Cable TV Child Support/Alim, Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes El No El 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:.. 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) 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: Borrower name(s): Property Address: City: State: ❑ ❑ ❑ ❑ I:J Zip: 00009 Is the property for sale? Yes No Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes No Mailing Address (if differeti City: State:❑❑❑❑❑Zip: 00000 Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: : How long? Mailing Address: City: Phone Numbers: Home: Office: Email: Cell: Other: State:0000Zip: 00000 # of people in household: _ How long? 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 O iI D1w11~€ Food '-10 0 n 0 2nd Mortgage -ILI 0 0 n Utilities ClO t i [11 Car Payment(s) 10 0 r' Condo/Neigh.Fees -121 _l Li .:a. Auto Insurance 011 0 (:::i i::;i Med. (not covered) i:_I `: €:::171.71 Auto fuel/repairs 0"....: t ^:i --' Other prop. payment `:::1 _:? :::191 Install. Loan Payment [_i 71: i_i Cable TV ' . 0 -1 i Child Support/Alim. 909-0.0 Spending Money [ i [ 1'L' -I _:i Day/Child Care/Tuft. 000 [:10 Other Expenses I:w? r_:::i i;1 ::;1 i.l Amount Available for Monthly Mortgage Payments Based on Income & Expenses: 001100 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):;. )'cone: Servicing Company (Name): Contact: Phone:. 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. Fife #: 931302 CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 COURT OF COMMON PLEAS WILMINGTON, DE 19801 CIVIL DIVISION Plaintiff v.. TERM SHEREE L. FRAKER, IN HER. CAPACITY AS NO. ADMINISTRATRIX OF THE ESTATE OF JOSEPH D. RAILING CUMBERLAND COUNTY 11 KUTZ RD CARLISLE, PA 17015-9424 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR IN.CEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED 519 NORTH BEDFORD STREET CARLISLE, PA 17013-1914 Defendants CIVIL ACTION -. LAW. COMPLAINT IN MORTGAGE FORECLOSURE File 4: 931302 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) SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING 11 KUTZ RD CARLISLE, PA 17015-9424 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED 519 NORTH BEDFORD STREET CARLISLE, PA 17013-1914 who is/are the real owner(s) of the property hereinafter described. 3 On 11/29/2005 JOSEPH D. RAILING made, executed and delivered a mortgage upon the premises hereinafter described to SOVEREIGN BANK, which mortgage is recorded in the. Office of the Recorder of Deeds of CUMBERLAND County, in Book 1932, Page 2634.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. Sovereign Bank is now known as Santander Bank, N.A. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2013 and each month thereafter are due and unpaid, and by the terms File #: 931302 of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 01/24/2014: Principal Balance $112,341.33 Interest $5,498.89 05/01/2013 through 01/24/2014 Late Charges $323.52 Property Inspections $51.75 Mortgage Insurance Premium / $89.87 Private Mortgage Insurance Escrow Deficit $1,523.79 TOTAL $119,829.15 8. Plaintiff is not seeking a judgment of personal liability :(or :an in personate 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) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with File #: 931302 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. Mortgagor JOSEPH D. RAILING died on 05/04/2013, and SHEREE L. FRAKER was appointed Administratrix of his estate. Letters of Administration were granted to her on 05/31/2013 by the Register of Wills of Cumberland County, No. 21-13-620. Decedent's surviving heir(s) at law and next-of-kin are JOSEPH O. RAILING, JR and SHEREE L. FRAKER. 11. By executed waiver, JOSEPH O. RAILING, JR waived his right to be named as a defendant in the foreclosure action. Said waiver is attached as Exhibit" A ". 12. By executed waiver, SHEREE L. FRAKER, in her capacity as Heir of the Estate waived her right to be named in her capacity as Heir of the Estate, only. SHEREE L. FRAKER, will be named solely in her capacity as Administratrix of the Estate in the within foreclosure action. Said waiver is attached as Exhibit"B ". 13. Plaintiff does not hold the named Defendant, SHEREE L. FRAKER, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant in the aforesaid real estate only, and the Defendant has been named in. accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $119,829.15, 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. File #: 931302 PHELAN HALLINAN, LLP File#a 931302. John D. r erf 4, Esq., Id. No.312244 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly described as follows, to wit: ON the North by North Bedford Street; on the East by property now or formerly of E. H. Keefer; on the South by an alley and on the West by property now or formerly of August Kensler, deceased. HAVING a frontage of 25 feet on. North Bedford Street and extending 150 Feet, more or less, in depth. BEING known and numbered as 519 North Bedford Street, Carlisle, PA 17013. PROPERTY ADDRESS: 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914 PARCEL #02-20-1800-093. File #: 031302 VERIFICATION. 4 . '1 1(,12 61., hereby states that he/she is 8061 Kffof SANTANDER BANK, N.A., Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: File#: 931302 Name: FRAKER File #: 931302 Name: Title: tu) le l f, �Ir a kilt) elKZ,e‹. SANTANDER BANK, N.A. !LFB-OFFICE OF THE. PROTHONOTARY 2 P,JUN-6 AM 11 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISION vs. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING ET AL. AND NOW, this ORDER day of NO. 2014-1476 CUMBERLAND COUNTY , 2014, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914, and by posting of the mortgaged premises at 519 NORTH BEDFORD PH # 931302/SNM STREET, CARLISLE, PA 17013-1914 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. CZ) y Olaf &CC 1,1‘..py /11 PH PH # 931302/SNM PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. Plaintiff vs. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED h PRO [HCi1 O 2014 JUN !8 AM' 10: iii CUMBERLAND COUNTY. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 2014-1476 Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: 60 -it,. /1/ /alg, Svc Dept. File# 931302 Att LINAN, LLP an, Esq., Id. No.318079 ey for Plaintiff 60„4 g 1 I 7pclp Ck� I1t90)'�I RA -30-74-1.i Phelan Hallinan, LLP Michael Dingerdissen, Esq., Id. No.317124 Michael.Dingerdissen @phelanhallinan.com 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SANTANDER BANK, N.A. Plaintiff vs. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Defendant(s) ATTORNEYS FOR LA �I'Iit 0 THOND TA RY 2014 JUN 30 01 9:22 IFN CUMBERLANDCOUNTY VANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 2014-1476 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED at 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914 on June 20, 2014, in accordance with the Order of Court dated June 6, 2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: G) 01:7/14 PH # 931302 By: Phelan Hallinan, LLP Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP AFFIDAVIT OF SERVICE — CUMBERLAND PAW PLEASE POST BY: 07/18/2014 PLAINTIFF COUNTY: COURT CUMBERLAND NO. 2014-1476 SANTANDER BANK, N.A. DEFENDANT UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS XX TYPE OF ACTION Mortgage Foreclosure CLAIMING RIGHT, TITLE OR INTEREST FROM Eviction OR UNDER JOSEPH D. RAILING, DECEASED XX Civil Action C) r-43 �,; SERVE AT: Complaint on Promissor Nbte=i'- '1..,,,, r n - tn� c 519 NORTH BEDFORD STREET, CARLISLE, PA z,3 rr- m 17013-1914> --t c) - ***PLEASE POST THE PROPERTY*** =c) o : ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****`{'* v-, -• cx Served Posted and made known UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED, Defendant on the ?.A 1 day of 71.4 ,20 (¢ at I : o 0 o'clock, p . M., at 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914, 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/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 office of said defendant company. Other: POST -b TI{t PP -0 PEAT/ Description: Age Height Weight Race Sex Other I Ronald Moll , a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the cap ti on the date . nd the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 r lating to sworn fals' c. n to au t orities. NAME: Ronald Moll PRINTED NAME: TITLE: Process Server. NOT SERVED On the day of , 20 , at o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at Service Refused Other: PH # 931302 at FILED -Or F CE OF THE PROTHONOTARY 20111 JUL 18 AM 10: 28 Phelan Hallinan, LLP #RLANDrr COUNTY ATTORNEYS FOR PLAINTIFF Paul Cressman, Esq., Id. No.3NNSY LVA N I A 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SANTANDER BANK, N.A. Plaintiff COURT OF COMMON PLEAS vs. CIVIL DIVISION SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS No. 2014-1476 CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Defendant(s) AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated June 6, 2014 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on 06/28/2014 and Cumberland Law Journal on 07/04/2014 Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: (0/14 PH # 931302 BSD Phelan Hallinan, LLP ,LLP Pau t ,f essman, Esq., Id. No.318079 Attorney for Plaintiff 1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 93I3da tssd Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 4, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 4 day of July, 2014 1 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.. CUMBERLAND CNTY My Commission Expires Apr 28. 2018 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action—Law No. 2014-1476 SANTANDER BANK, N.A., Plaintiff vs. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED, Defendants --- NOTICE To: UNKNOWN HEIRS, SUCCES- SORS, ASSIGNS AND ALL PER- SONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED You are hereby notified that on March 13, 2014, Plaintiff, SANTAN- DER BANK, N.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUM- BERLAND County, Pennsylvania, docketed to No. 2014-1476. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. --- NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL Cumberland County Bar Association Cumberland County Courthouse 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 10 July 4 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Patrick Doane, Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of June 28, 2014. COPY OF NOTICE OF PUBLICATION TAGE FORECLOSURE IN THE:BERLAND COUNTY, PENNSYLVANIA i LAW SANTANDER BANK P ' vs. SHEREE"L. FRAKE Adminlstratrix of the RAILING UNKNOWN HEIRS, ASSIGNS, AND ALL ASSOCIATIONS C INTEREST FROM O RAILING, bECEASEI • D) COURTOF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.2014-1476 To UNKNOWN- HEIR PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR D. RAILING, DECEASED You are hereby notifiJANDER BANK, N.A., filed a Mortgage Foreclosure Complaint endorse the Court of Common Pleas of CUMBERLAND County ' Pennsylvania, docliseeks to foreclose on the mortgage secured on your property located atUSLE, PA 17013=1914 whereupon your property would be sold by the Sherk.. You are hereby notmEplalnt on orbefore 20 days from the date of this publication or a Ju d " Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this If you wish to defend, onally'or by attorney and file your defenses or objections in Writing With the cdeo the case may proceed.without you and a judgment maybe entered -a ' tef requested by the,plaintifr'You may lose money or. property or -other i -- YOU SHOULD TAKE TELEPHONE THE HIRINGABOUT IF YOU CANNOT FPICEMAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABIEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE Ofd ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR, FICE CAN PROVIDE YOU WITH INFORMATION TTORNEY REFERRAL I BAR ASSOCIATION ITYCOURTHOUSE ,VENUE SA 17013 13166 }9106 My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seat Bethany M. Hoiby, Notary Public Carlisle Born, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 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. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Attorney for Plaintiff : CUMBERLAND COUNTY • • • • c•> COURT OF COMMON PLEA �ya r -- r CIVIL DIVISION : No. 2014-1476 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES r 'e c 1 T_ar CP cn TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED, 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 $119,829.15 TOTAL $119,829.15 I hereby certify that (1) the Defendants' last known addresses are 11 KUTZ RD, CARLISLE, PA 17015-9424 and 519 NORTH BEDFORD STREET, CARLISLE, PA 17013- 1914, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Vq! 6 f Adam H. Davis, Esq., Id. No.203034 Attorn for ' . intif DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /7 PH # 931302 �1 �,� •s? 1Q d #A' li/52cf7.6 RA31066I 1/od/Cr�i,/ PROTHONOTARY 931302 SANTANDER BANK, N.A. Plaintiff SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Defendant(s) TO: ESTATE OF UNDER JOSEPH D. RAILING C/O BRADLEY L. GRIFFIE, ESQUIRE 200 NORTH HANOVER STREET CARLISLE, PA 17013 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 2014-1476 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLEUI THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE 1S NOT AND SHOULD NOT BE CONS !RUED 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: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 chits Dins e dissen, 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. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. SHEREE L. FRAKER, in her capacity as NO. 2014-1476 Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, CUMBERLAND COUNTY AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Defendant(s) TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D, RAILING, DECEASED 519 NORTH BEDFORD STREET CARLISLE, PA 1701J/33-1!/994 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PH # 931302 IF YOU 'CANNOT AFFORD . TO .HIRE A LAWYER0THI& OPHCE' MAY BE ABLE TO PROVIDE YOU WITH INFORMATJONABOUTAGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT'A REDUCED FEE OR . NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Sq"hare^ Carlisle, PA- 17013'' (717) 24026195 .* r r CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32'SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Bv: Micl ael DingeOssctl,: Esq.; Ili: No.317124 Attorney for Plaintiff •` Phelan Hallri"an, LLP. ,K ; 1617 JFK Boulevard, Suite 1400 One'Penx Center Plaza Philadelphia, PA 19103 PH # 931302 SANTANDER BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. SHEREE L. FRAKER, in her capacity as NO. 2014-1476 Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, CUMBERLAND COUNTY AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Defendants) TO: SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING 11 KUTZ RD CARLISLE, PA 17015-9424 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEB I'EDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HERE 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 # 93.1302 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Michael Din erdissen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 4) PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 SANTANDER BANK, N.A. vs. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS-, moo u) r— r� q : CIVIL DIVISION : No. 2014-1476 AFFIDAVIT OF NON-MILITARY SERVICE cn mac, —c� -T:CD 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 SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING 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 the defendant UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED's Social Security Number is not available because she is not the borrower on the loan, and thus, we are unable to determine whether or not UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED is in military service. (c) that defendant SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING is over 18 years of age and resides at 11 KUTZ RD, CARLISLE, PA 17015-9424 and 519 NORTH BEDFORD STREET, CARLISLE, PA 17013- 1914. 931302 (d) that it is unknown whether defendant UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED is over 18 years of age and resides at 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date .1744/($ 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 931302 Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civii Relief Act Last Name: RAILING First Name: JOSEPH Middle Name: D Active Duty Status As Of: Sep -04-2014 Results as of : Sep -04-2014 12:07:36 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.4 ....' ,.. , 7 — . -- - -- , ,-. ' FON, NA This response reflecte the individualsactive duty' stattfs based on theActive Duty Status Date , t • I Left Active Duty Within 367 Days of Active Duty Status Date Active Duty start Date Active Duty End Dale Status Service Component NA 1 , NA . - ..-.. - _ i. . , - - 'NJ - NA This response reflects Where the individual left active duhlittalut withia'367days preceding thJ'ACtive Dirty 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 This response reflects whether the individual orhis/her unit has received ...6ity nalidcation to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based otr 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 Servicem Last Name: FRAKER First Name: SHEREE Middle Name: L Active Duty Status As Of: Sep -04-2014 li Act Resultsas of : Sep -04-2014 12:07:28 AM SCRA 3.0 On Active Duty On Active Duly Status Date - Active Duty Start Date Active Duty End Dale Status Service Component NA NA , - --- — - - No `. NA This response reflects the individuals' active duty status based on the Active Duly Status Date f• Left Active Duty Within 367 Days of Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA 1 - -: NA - - - NoI NA This response reflects where the Individual lett ii dive duty status within` 367 flays preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Dale Order Notification End Dale Status Service Component NA - NA t - -No" NA This response reflects whether the individual of 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 10 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 SHEREE L. 14RAKER, in her capacity as Administratrix of the Estate of JOSEPH D. CIVIL DIVISION RAILING UNKNOWN HEIRS, SUCCESSORS, : No. 2014-1476 ASSIGNS, AND ALL PERSONS, FIRMS, • OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED against you on Notice is given that a Judgment in the above captioned matter has been entered By: 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 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 931302 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net Santander Bank, N.A. Vs. NO 14-1476 Civil Term CIVIL ACTION — LAW Sheree L. Fraker, in Her Capacity as Administratrix of The Estate of Joseph D. Railing Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Joseph D. Railing, Deceased 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: $119,829.15 Interest from 09/06/2014 to Date of Sale ($19.70 per diem) Atty's Comm: Atty Paid: $202.06 Plaintiff Paid: Date: 9/5/2014 � (Seal) REQUESTING PARTY: Name: Adam H. Davis, Esquire Address: PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 203034 L.L.: $.50 $1,753.30 Due Prothy: $2.25 Other Costs: 7 David D. uell, Prothonotary By: r Deputy PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Santander Bank, N.A. Plaintiff v. Sheree L. Fraker, in Her Capacity as Administratrix of The Estate of Joseph D. Railing Unknown Heirs, Successors, Assigns, and AB Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Joseph D. Railing, Deceased Defendant(s) To the Prothonotary: Issue writ of execution in the above matter' : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 2014-1476 CUMBERLAND COUNTY Amount Due $119,829.15 Interest from 09/06/2014 to Date of Sale ($19.70 per diem) TOTAL Note: Please attach description of property. PH # 931302 Cilt/J-2S77 P/1 -3/06x2._ )2E_ do/ ,r v a/ I $1,753.30 $121,582.45 2ti )9c Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff -4 rr r-7-1 C:D -4 CJ i -71 CD -71 C, ) rii 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. Sheree L. Fraker, in Her Capacity as Joseph D. Railing Unknown Heirs, Successors, Assigns, Associations Claiming Right, Title or D. Railing, Deceased Defendant(s) Administratrix of The Estate of and All Persons, Firms, or Interest From or Under Joseph CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 2014-1476 : 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 ("7 C.-- Santander Bank, N.A. f Plaintiff Y. Sheree L. Fraker, in Her Capacity as Administratrix of The Estate of Joseph D. Railing Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Joseph D. Railing, Deceased Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2014-1476 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 519 North Bedford Street, Carlisle, PA 17013-1914. 1. Name and address of Owner(s) or reputed Owner(s): Name Joseph D. Railing 2. Name and address of Defendant(s) in the judgment: Name Sheree L. Fraker Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Joseph D. Railing, Deceased Address (if address cannot be reasonably ascertained, please so indicate) 519 North Bedford Street, Carlisle, PA 270 Address (if address cannot be reasonably ascertained, please so indicate) 11 Kutz rd Carlisle, PA 17015-9424 519 North Bedford Street Carlisle, PA 17013-1914 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) E -loan, Inc. 6230 Stoneridge Mall Road Pleasanton, CA 94588 E -loan, Inc. C/O US Recordings, Inc. MERS as A Nominee for E -loan, Inc. PH # 931302 PO Box 19989 Louisville, KY 40259 P.O. Box 2026 Flint, MI 48501-2026 MERS, Inc. Fmrly 3300 Sw 34th Ave, Ste 101, Ocala, Fle 34474 as of 12/6/10, 1901 E. Voorhees Street, Suite C Danville, IL 61834 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Bank of America Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program The Estate of Joseph D. Railing CIO Bradley Griffie, Esquire MERS, as Nominee for OCWEN Loan Servicing, LLC OCWEN Loan Servicing, LLC Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building PH # 931302 519 North Bedford Street Carlisle, PA 17013-1914 PO Box 982238 El Paso, TX 79998-2238 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 200 North Hanover Street Carlisle, PA 17013 P.O. Box 2026 Flint, MI 48501-2026 3451 Hammond Ave Waterloo, IA 50702-5345 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 Sheree L. Fraker, in Her Capacity as Administratrix of The Estate of Joseph D. Railing 11 Kutz rd Carlisle, PA 17015-9424 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. PH # 931302 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 Santander Bank, N.A. vs. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 2014-1476 Sheree L. Fraker, in Her Capacity as Administratrix of The Estate of Joseph D. Railing Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Joseph D. Railing, Deceased Defendant(s) • • : CUMBERLAN NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sheree L. Fraker, in Her Capacity as Administratrix of The Estate of Joseph D. Railing 11 Kutz Rd Carlisle, PA 17015-9424 c:1) C -I1 —r• CD c -n Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Joseph D. Railing, Deceased 519 North Bedford Street Carlisle, PA 17013-1914 **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 519 North Bedford Street, Carlisle, PA 17013-1914 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 $119,829.15 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) clays after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 2014-1476 Santander Bank, N.A. v. Sheree L. Fraker, in Her Capacity as Administratrix of The Estate of Joseph D. Railing Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Joseph D. Railing, Deceased owner(s) of property situate in CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 519 North Bedford Street, Carlisle, PA 17013-1914 Parcel No. 02-20-1800-093. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $119,829.15 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Carlisle in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ON the North by North Bedford Street; on the East by property now or formerly of E.H. Keefer; on the South by an alley and on the West by property now or formerly of August Kensler, deceased; having a frontage of 25 feet on North Bedford Street and extending 150 feet, more or less in depth. TITLE TO SAID PREMISES IS VESTED IN Joseph D. Railing, unmarried person, by Deed from Susan Stabler and Gary Stabler, w/h, dated 11/29/2005, recorded 11/30/2005 in Book 272, Page 641. JOSEPH D. RAILING died on 05/04/2013, and SHEREE L. FRAKER was appointed Administratrix of his estate. Letters of Administration were granted to her on 05/31/2013 by the Register of Wills of Cumberland County, No. 21-13-620. Decedent's surviving heir(s) at law and next-of-kin are JOSEPH 0. RAILING, JR and SHEREE L. FRAKER. PREMISES BEING: 519 North Bedford Street, Carlisle, PA 17013-1914 PARCEL NO. 02-20-1800-093. AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY SANTANDER BANK, N.A. PH # 931302 DEFENDANT SERVICE TEAM/ lxh SHEREE L. FRAKER, in her capacity as Administratrix of the Estate COURT NO.: 2014-1476 of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED C-1 ca SERVE SHEREE L. FRAKER, in her capacity as Administratrix of TYPE OF ACTION �p r the Estate of JOSEPH D. RAILING AT: XX Notice of Sheriff's Sale 11 KUTZ RD SALE DATE: December 3, 2014 CZia r-- - �,.� CARLISLE, PA 17015-9424 SERVEDC.) G Served and made known to SHEREE L. FRAKER, in her capacity as Administratrix of the Estate-OLJOSEPH D`3 r)r RAILING, Defendant on the 17 Nay of SEFM.0W, 20 (4 , atr: Z":1' $; tS, o'clock 1::! M., at (1 Kurz- kb, C4 _I LES J 4 , 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). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Z Height 5' " Weight 140 Race 0.) Sex Other Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 910111 NAME: PRINTED NAME: Ronald Moil TITLE: process Server 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) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. , a competent adult hereby BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 Attorney for Plaintiff mit :ori. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, N.A. Plaintiff, v. SHEREE L. FRAKER, IN HER CAPACITY AS ADMINISTRATRIX OF THE ESTATE OF JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 2014-1476 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 e - s : ertified Mail Return Receipt stamped by the U.S. Postal Service ' attached heret " Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Pa ressrn.. , Esq., Id. No.318079 Attorne or laintiff PH # 931302 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 The Estate of Joseph D. Railing C/O Bradley Griffle, Esquire 200 NORTH HANOVER STREET CARLISLE, PA 17013 Postage $0.47 2 Shcree L. Fraker, in Her Capacity as Administratrix of The Estate of Joseph D. Railing 11 KUTZ RD CARLISLE, PA 17015-9424 50.47 3 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 50.47 4 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 50.47 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 $0.47 50.47 '0 till!, !ar! y RE: SHEREE L. FRAKER (CUMBERLAND) PH 4 931302/1021 Page 2of2 Writ Team $7.52 Total Number of Pieces Listed by Sender Total Number of Pieces Remised at Port Olnce Postmaster. Pcr (Name of Receiving Employee) Form 3877 Facsimile The full dcctendon of value is required on all domcnic and international registered nail. The maximum indemnity psyabk for the reconstruction of nonnegotiable docormnu under Express Mail document reconstruction insurance k S511.000 per piece subject to limit of 5500,000 per omnrenee. The maximum indennity psyabk on Express Mail merchandise is SSW. The maximum indemnity payable fs525.000 for scghtered mall. sen with optional insurance. See nomestk Mal Manual 00005913 and 5921 for limitation of coverage. Name and Phelan Hallinan, LLP Address IIIM 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 AZK/JKM -12/03/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address 1 TENANT/OCCUPANT 519 NORTH BEDFORD STREET CARLISLE, PA 17013-1914 Postage $0.47 2 kik• Bank of America PO BOX 982238 F.I. PASO, TX 79998-2238 50.47 3 4 •kkk Silo Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 Department of Public Welfare, TPL Casualty Unit, Estate. Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 $0.47 5 •*k E -loan, Inc. 6230 Stoneridge Mall Road PLEASANTON, CA 94588 6 sea• E -loan, Inc. C/0 US Recordings, Inc. PO BOX 19989 LOUISVILLE, KY 40259 N "\'�� 411 Jf pr ? 50.47 - 7 MERS as A Nominee for E -loan, Inc. P.O. BOX 2026 FLINT, MI 485014026 $0.47 8 MERS, as Nominee for OCWEN Loan Servicing, LLC P.O. BOX 2026 FLINT, MI 48501.2026 $0.47 9 MERS, Inc. 1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 50.47 10 OCWEN Loan Servicing, LLC 3451 HAMMOND AVE WATERLOO, IA 50702-5345 50.47 RE: SHEREE L. FRAKER (CUMBERLAND) PH # 931302/1021 Page 1 of 2 Writ Team Tout Number of Pieces listed by Sender Total Moodier of Pieces Received at Post ORce Puatnaster. Pu (Name of Receiving Employee) The full dee(aatnm of value is required on a0 domestic an( international registered nail. The maximum indennity payable for the reconstruction of nonnegotiable documents under Express Mol document reeonstnction insurance is S50,0(5J per piece subica to a limit of 5500.000 per occurrence. Tlie maximum indemnity payable on Express Mail merchandise k SSW. The nrnmum indemnity payable is 525,000 for regi timed mail, tent with optional imurnnoe. See Domestic Mail Manual 5900 5913 and 5921 for limitations of coves se. Form 3877 Facsimile Cf" THE f'IWi;iJ ,OTA Y Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.206392 DEC -14 Rim: 00 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Cil j3.7.M_A°./•'+=J/n COUNTY Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. Plaintiff v. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Court of Common Pleas Civil Division CUMBERLAND County No.: 2014-1476 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 13, 2014. 2. Judgment was entered on September 5, 2014 in the amount of $119,829.15. 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 931302 1 which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 3, 2014. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 3, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Mortgage Insurance Premium to be Paid Escrow Deficit $112,341.33 $11,871.02 $323.52 $2,600.00 $2,237.07 $202.10 $1,039.00 $359.48 $6,006.93 TOTAL $136,980.45 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 Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 26, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 931302 2 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiff's Motion for Service Pursuant to Special Order of Court dated June 6, 2014. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallina, LP Justin F. - . , Esquire ATTOOR PLAINTIFF 3 931302 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. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 2014-1476 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JOSEPH D. RAILING, 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. Plaintiffs Note was secured by a Mortgage on the Property located at 519 NORTH BEDFORD STREET, CARLISLE, PA 17013-1914.. 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 931302 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. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 931302 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 rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 931302 3 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 931302 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 attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 931302 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 Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the 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 permit Plaintiff to recover these sums through its 931302 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. 931302 7 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. 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 F. K • eski, Es • uire Attorne or Plaintiff 8 931302 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. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Attorney for Plaintiff : CUMBERLAND COUNTY : CIVIL DIVISION : No. 2014-1476 c-) 3 rr7 N � COURT OF COMMON PLEAS - ,c -< PRAECIPE FOR IN REM JUDGMENT FOR FAII.tW t'fL t Li�iiV' ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED, Defendant(s) for failure to file an Answwt to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of themortgaged premises, and assess Plaintiff's damages as follows: As set forth. in Complaint TOTAL $119,829.15 $119,829.15 I hereby certify that (1) the Defendants' last known addresses are 11 KUTZ RD, CARLISLE, PA 17015-9424 and 519 NORTH BEDFORD STREET, CARLISLE, PA 17013- 1914, 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 APlain DAMAGES ARE HEREBY ASSESSED AS INDICATED. �yZ DATE: /% PH 11931302 1.4AP PROTHONOTARY 931302 Exhibit "B" Phelan Hallinan, LLP November 26, 2014 SHEREE L. FRAKER 11 KUTZ RD CARLISLE, PA 17015-9424 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Representing Lenders in Pennsylvania UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED 519 NORTH BEDFORD STREET CARLISLE, PA 17013-1914 RE: SANTANDER BANK, N.A. v. SHEREE L. FRAKER and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Premises Address: 519 NORTH BEDFORD STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 2014-1476 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 12/1/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be : j1 . accordingly. Ver ` tau ,y yours, Attbc for :Pl. ai 'Ent, 't stire Esq., Id. No.200392 931302 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. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 2014-1476 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. SHEREE L. FRAKER 11 KUTZ RD CARLISLE, PA 17015-9424 DATE: By: SHEREE L. FRAKER UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED 519 NORTH BEDFORD STREET CARLISLE, PA 17013-1914 Phela - : 'nan, LLP Justin F ATT obeski, Esquire EY FOR PLAINTIFF 931302 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SANTANDER BANK, N.A. Plaintiff v. SHEREE L. FRAKER, in her capacity as Administratrix of the Estate of JOSEPH D. RAILING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 2014-1476 AND NOW, this ! r— day of -Pc.c.atr 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 Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T ' COURT Ai J. -oa rrt rrl FYI J ! n 1 C) 931302 .Lr r Justin 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 EREE L. FRAKER 11 KUTZ RD CARLISLE, PA 17015-9424 0_11'es lel.. ta. is�W �HEREE L. FRAKER UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JOSEPH D. RAILING, DECEASED 519 NORTH BEDFORD STREET CARLISLE, PA 17013-1914 931302 931302