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Home My WebLink About14-4867 Supreme Court.of Pennsylvania ' Courk.�:ti Commp. 'Pleas For Prothonotary Use Only: �r"�YI�Cover, etit CUEF ,ND1 / County Docket No: AJf The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadingsof other papers as required by law or rules of court. Commencement of Action: Cl Complaint ❑ Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: SANTANDER BANK,N.A. Lead Defendant's Name: JOHN M.GLACE T Are money damages requested? El Yes 0 Na Dollar Amount Requested: ❑within arbitration limits 4 (Check one) outside arbitration limits N Is this a Class Action Suit? ❑ Yes NX No Is this an MDJ Appeal? ❑ Yes D No A Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen,Esq.,Id.No.317124,Phelan Hallinan,LLP ❑ Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑Debt Collection:Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection: Other ❑Board of Elections ❑Nuisance ❑Dept.of Transportation ❑Premises Liability ❑ Statutory Appeal:Other ❑Product Liability(does not S include mass tort) ❑Employment Dispute: ❑ Slander/Libel/Defamation Discrimination E ❑ Other: ❑Employment Dispute: Other ❑Zoning Board ❑Other: T MASS TORT ❑Other: ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration $ ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑ Ground Rent' ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑ Other: ❑Medical ❑Other: ❑Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 c 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#: 950204 x r- (I FT HE PR0T; MNL ha-%Y 2914 AUG 15 Ali 10: 1 Q CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN,LLP Michael Dingerdissen,Esq.,Id.No.31.7124 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 SANTANDER BANK,N.A. 824 NORTH MARKET STREET, SUITE 100 COURT OF COMMON PLEAS WILMINGTON,DE 19801 CIVIL DIVISION Plaintiff V• TERM JOHN M. GLACE NO. 132 BRINDLE ROAD MECHANICSBURG,PA 17055-9780 CUMBERLAND COUNTY Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE s i�s. 7s�i�LA� e K� /yY7z�S �. 3ag8g/ File#: 950204 r 1. Plaintiff is SANTANDER BANK,N.A. 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 2. The name(s) and last known address(es)of the Defendant(s) are: 0 JOHN M. GLACE 132 BRINDLE ROAD MECHANICSBURG,PA 17055-9780 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/10/1991 JOHN M. GLACE and JODY Z. GLACE made, executed and delivered a mortgage upon the premises hereinafter described to HARRIS SAVINGS ASSOCIATION , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1012,Page 189. Said mortgage was modified by agreement effective 08/01/2010, which is unrecorded. 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. SANTANDER BANK, N.A. FKA SOVEREIGN BANK SUCCESSOR BY MERGER TO WAYPOINT BANK FKA AS HARRIS SAVINGS BANK FKA HARRIS SAVINGS ASSOCIATION. 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 03/01/2014 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File k 950204 f r 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 07/07/2014: Principal Balance $62,331.17 Interest $1,414.72 02/01/2014 through 07/07/2014 Late Charges $65.16 Property Inspections $31.05 Subtotal $63,842.10 Escrow Credit 36.55 TOTAL $63,805.55 8. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s)in the Action;however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) 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 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File#: 950204 10. JODY Z. GLACE was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of JODY Z. GLACE's death on or about 08/18/2010, her ownership interest was automatically vested in the surviving tenant by the entirety. 11. Plaintiff hereby releases JODY Z. GLACE, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $63,805.55,together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN,LLP By: Michael Dinger issen,Esq., Id. No.317124 Attorney for Plaintiff File#: 950204 r LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situated in Monroe Township, Cumberland County,Pennsylvania, being Lot No. 43 in the Final Plan of Brindle Enterprises of record in the Recorder's Office of Cumberland County, Pennsylvania,in Plan Book 35,Page 36,more particularly bounded and described as follows: BEGINNING at a point on the Westerly side of Brindle Road, T-562, 60 feet wide, as shown on said plan, said point being 1,344.87 feet north of the Southern Boundary line between lands now or formerly of E.E. Goodhart and Brindle Enterprises at the intersection of said dividing line with the Westerly side of Brindle Road as aforesaid, said distance being measured along the Westerly line of Brindle Road as aforesaid, and said place of being also on the line dividing Lots Number 42 and 43 in the plan aforesaid; thence from said place of beginning along the line dividing Lot Number 42 and 43 aforesaid; North 89 degrees 28 minutes 35 seconds North, 490.95 feet to a point; thence continuing along the same North 04 degrees 24 minutes 00 seconds East, 195.64 feet to a point on the line dividing Lot Numbers 43 and 44 in the plan aforesaid. Thence along the said dividing line N 65 degrees 37 minutes 15 seconds E.,406.46 feet to a point on the Westerly side of Brindle Road; a 60 foot Right of way as aforesaid, thence along the said Westerly side of Brindle Road in a Southerly direction by the are of a circle curving to the right and having a radius of 1,320 feet, an arc distance of 308.59 feet to a point on the line dividing Lot Number 42 and 43 aforesaid, the place of BEGINNING. The above described parcel contains approximately 2.94 acres. Having thereon erected a 2 1/2 story stone dwelling house. File#: 950204 Y BEING the same premises which Jon C. Oplinger and Janet Oplinger, husband and wife, by their deed dated November 1, 1988 and recorded January 1, 1989 in the Cumberland County Recorder of Deeds Office in Deed Book 33T,Page 753, granted and conveyed unto John M. Glace and Jody Z.Glace, husband and wife, the Mortgagors herein. PROPERTY ADDRESS: 132 BRINDLE ROAD,MECHANICSBURG,PA 17055-9780 PARCEL#22-10-0642-092. File#: 950204 r VERIFICATION 3 hereby states that he/she iseC�� e A414 5L6tf 6ANTANDER 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: �� apC Name: Title:/-C�fLoC ICG(��-Ad yn;1`/cS(fYQbly— SANTANDER BANK,N.A. File#: 950204 Name: GLACE File#: 950204 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Camber{ OFFIG6 OF THE ahF,RIFF i 14 SEP -2 PM 3, 51 IrPEN SYLVAN A ND Tyr Santander Bank, N.A. vs. John M Glace Case Number 2014-4867 SHERIFF'S RETURN OF SERVICE 08/25/2014 12:30 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be John Stumpf, Room Mate, who accepted as "Adult Person in Charge" for John M Glace at 132 Brindle Road, Mon: a Township, Mechanicsburg, PA 17055. SIL ACL E, D 'UTY SHERIFF COST: $39.30 SO ANSWERS, August 26, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com • 215-563-7000 SANTANDER BANK, N.A. vs. Attorney for Plaintiff CUMBERLAND COUNTY 3;"=(2) '"C ril :71 COURT OF COMMON PLEAS -1 c_n JOHN M. GLACE : CIVIL DIVISION : No. 14 -4867 -CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOHN M. GLACE, 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 $63,805.55 TOTAL $63,805.55 I hereby certify that (1) the Defendant's last known address is 132 BRINDLE ROAD, MECHANICSBURG, PA 17055-9780, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date athan Lobb, Esq., Id, No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: AVV/9 PH # 950204 950204 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Attorney for Plaintiff SANTANDER BANK, N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION JOHN M. GLACE : No. 14 -4867 -CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) JOHN M. GLACE is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant JOHN M. GLACE is over 18 years of age and resides at 132 BRINDLE ROAD, MECHANICSBURG, PA 17055-9780. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date lek Pl e n Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 950204 Department of Defense Manpower Data Center Status Report Pursuant to Servieementibers Civil Relief Act Last Name: GLACE First Name: JODY Middle Name: Z Active Duty Status As Of: Oct -08-2014 Results as of : Oct -08-2014 12:07:42 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Stattuss, Service Component NA NA f' - - -- __ No '4. NA This response reflects the indi'viduals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA . NA ' - - -- No" I NA This response reflects where the individual left active duty status wtthin'367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA - Noy NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Status Report Pursuant to Serycemembers Civil. Relief Act. Last Name: GLACE First Name: JOHN Middle Name: M Active Duty Status As Of: Oct -08-2014 Results as of : Oct -08-2014 12:07:35 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duly Start Date Active Duty End Dale Status Service Component NA NA .'. - -_- — - _ _ NoN NA r This response reflectsthe Individuals' active duty status based arithe AcOvebuty-Status Date t 1 ' Left Active Duty Within 367 Days of Active Duty Status Dale Active Duly Start Date Active Duty End Date Status Service Component NA : NA - _ - No:.'^ t , ... t NA This response reflects where the individual left active duty status vrithlo1367 days precedirg the ACiive Duty Status Date t The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Dale Order Notification End Date Status Service Component NA NA No - NA This response reflects whether the Individual or his/her unit has received early notification to report for active duly Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 SANTANDER BANK, N.A. COURT OF COMMON PLEAS V. JOHN M. GLACE Plaintiff Defendant(s) TO: JOHN M. GLACE 132 BRINDLE ROAD MECHANICSBURG, :PA ,13 DATE OF NOTICE: 1..1 -9780 CIVIL DIVISION NO. 14 -4867 -CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY All ORNEY AND PILE 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 OH -'ER 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 # 950204 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDF.t, ' D STREET 1RL ISLE, `' 17013 7) 24 66 u Attorney fo Jaintiff Phelan Hal [Jain LLP 1617 JFK.''gtileuard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 No.200392 (Rule of Civil Procedure No. 236) - Revised SANTANDER BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS JOHN M. GLACE CIVIL DIVISION : No. 14 -4867 -CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on Nfirn If you you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM 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. * * 950204 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Santander Bank, N.A. Plaintiff v. John M. Glace Defendant(s) To the Prothonotary: COURT OF COMMON PLEAS . CIVIL DIVISION NO.: 14 -4867 -CIVIL TERM . !'�i TA TDT [�1��LG Cr) �D D r* zC p orn 7,3 Issue writ of execution in the above matter: Amount Due $63,805.55 Interest from 10/10/2014 to Date of Sale ($10.49 per diem) $1,531.54 TOTAL $65,337.09 Note: Please attach description of property. PH # 950204 U 4a, 65" Phefin Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situated in Monroe Township, Cumberland County, Pennsylvania, being Lot No. 43 in the Final Plan of Brindle Enterprises of record in the Recorder's Office of Cumberland County, Pennsylvania, in Plan Book 35, Page 36, more -particularly bounded and described as follows: BEGINNING at a point on the Westerly side of Brindle Road, T-562, 60 feet wide, as shown on said plan, said point being 1,344.87 feet north of the Southern Boundary line between lands now or formerly of E.E. Goodhart and Brindle Enterprises at the intersection of said dividing line with the Westerly side of Brindle Road as aforesaid, said distance being measured along the Westerly line of Brindle Road as aforesaid, and said place of being also on the line dividing Lots Number 42 and 43 in the plan aforesaid; thence from said place of beginning along the line dividing Lot Number 42 and 43 aforesaid; North 89 degrees 28 minutes 35 seconds North, 490.95 feet to a point; thence continuing along the same North 04 degrees 24 minutes 00 seconds East, 195.64 feet to a point on the line dividing Lot Numbers 43 and 44 in the plan aforesaid. Thence along the said dividing line N 65 degrees 37 minutes 15 seconds E., 406.46 feet to a point on the Westerly side of Brindle Road, a 60 foot Right of way as aforesaid, thence along the said Westerly side of Brindle Road in a Southerly directio'n by the arc of a circle curving to the right and having a radius of 1,320 feet, an arc distance of 308.59 feet to a point on the line dividing Lot Number 42 and 43 aforesaid, the place of BEGINNING. The above described parcel contains approximately 2.94 acres. Having thereon erected, a 2 1/2 story stone dwelling house. TITLE TO SAID PREMISES IS VESTED IN John M. Glace and Jody Z. Glace, h/w, by Deed from Jon C. Oplinger and Janet Oplinger, his wife, dated 11/01/1988, recorded 01/12/1989 in Book T-33, Page 573. The said Jody Z. Glace died on 8/18/2010, vesting sole ownership in John M. Glace as surviving tenant by the entirety. PREMISES BEING: 132 Brindle Road, Mechanicsburg, PA 17055-9780 PARCEL NO. 22-10-0642-092. PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.3121.74 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 Santander Bank, N.A. Plaintiff v. John M. Glace Defendant(s) FILED-OFHCE THE PROTHONO TARAttorneys for Plaintiff 20I i OCT -9 AM 10: 55 CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -4867 -CIVIL TERM 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: P�an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff , Santander Bank, N.A. Plaintiff V. John M. Glace Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -4867 -CIVIL TERM 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 132 Brindle Road, Mechanicsburg, PA 17055-9780. 1. Name and address of Owner(s) or reputed Owner(s): Name John M. Glace 2. Name and address of Defendant(s) in the judgment: Name John M. Glace Address (if address cannot be reasonably ascertained, 2 please so indicate) —0= m m Mechanicsburg, PA 17055-9780 w<co >c--) (7) 132 Brindle Road Address (if address cannot be reasonably ascertained, please so indicate) 132 Brindle Road Mechanicsburg, PA 17055-9780 r) Q. C. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Commonwealth of PA Bureau of Compliance Lien Section Commonwealth of PA Bureau of Compliance Lien Section P.O. Box 280946 Harrisburg, PA 17128-0946 P.O. Box 280948 Harrisburg, PA 17128-0948 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Citifinancial, Inc. Citifinancial, Inc. 3401 Hartzdale Drive, Suite 126 Camp Hill, PA 17011 P.O. Box 17170 Baltimore, MD 21203 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. PH # 950204 6. j 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 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program 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 132 Brindle Road Mechanicsburg, PA 17055-9780 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: /o/g3 (IV PH # 950204 By: Phe/ Hallinan, LLP Jo than Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Santander Bank, N.A. John M. Glace vs. : COURT OF COMMON PLEAS • Plaintiff : CIVIL DIVISION : NO.: 14 -4867 -CIVIL TERM Defendant(s) : CUMBERLAND (.9ung NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: John M. Glace 132 Brindle Road Mechanicsburg, PA 17055-9780 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OnAINED 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 ATI EMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 132 Brindle Road, Mechanicsburg, PA 17055-9780 is scheduled to be sold at the Sheriff's Sale on 03/04/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $63,805.55 obtained by Santander Bank, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERI1-1-0S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -4867 -CIVIL TERM Santander Bank, N.A. v. John M. Glace owner(s) of property situate in MONROE TOWNSHIP, CUMBERLAND County, Pennsylvania, being 132 Brindle Road, Mechanicsburg, PA 17055-9780 Parcel No. 22-10-0642-092. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $63,805.55 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situated in Monroe Township, Cumberland County, Pennsylvania, being Lot No. 43 in the Final Plan of Brindle Enterprises of record in the Recorder's Office of Cumberland County, Pennsylvania, in Plan Book 35, Page 36, more particularly bounded and described as follows: BEGINNING at a point on the Westerly side of Brindle Road, T-562, 60 feet wide, as shown on said plan, said point being 1,344.87 feet north of the Southern Boundary line between lands now or formerly of E.E. Goodhart and Brindle Enterprises at the intersection of said dividing line with the Westerly side of Brindle Road as aforesaid, said distance being measured along the Westerly line of Brindle Road as aforesaid, and said place of being also on the line dividing Lots Number 42 and 43 in the plan aforesaid; thence from said place of beginning along the line dividing Lot Number 42 and 43 aforesaid; North 89 degrees 28 minutes 35 seconds North, 490.95 feet to a point; thence continuing along the same North 04 degrees 24 minutes 00 seconds East, 195.64 feet to a point on the line dividing Lot Numbers 43 and 44 in the plan aforesaid. Thence along the said dividing line N 65 degrees 37 minutes 15 seconds E., 406.46 feet to a point on the Westerly side of Brindle Road, a 60 foot Right of way as aforesaid, thence along the said Westerly side of Brindle Road in a Southerly directio'n by the arc of a circle curving to the right and having a radius of 1,320 feet, an arc distance of 308.59 feet to a point on the line dividing Lot Number 42 and 43 aforesaid, the place of BEGINNING. The above described parcel contains approximately 2.94 acres. Having thereon erected a 2 1/2 story stone dwelling house. TITLE TO SAID PREMISES IS VESTED IN John M. Glace and Jody Z. Glace, h/w, by Deed from Jon C. Oplinger and Janet Oplinger, his wife, dated 11/01/1988, recorded 01/12/1989 in Book T-33, Page 573. The said Jody Z. Glace died on 8/18/2010, vesting sole ownership in John M. Glace as surviving tenant by the entirety. PREMISES BEING: 132 Brindle Road, Mechanicsburg, PA 17055-9780 PARCEL NO. 22-10-0642-092. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net SANTANDER BANK, N.A. Vs. JOHN M. GLACE WRIT OF EXECUTION NO 14-4867 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $63,805.55 L.L.: $.50 Interest FROM 10/10/2014 TO DATE OF SALE ($10.49 PER DIEM) $1531,54 Atty's Comm: Atty Paid: $ c240•M‘ Plaintiff Paid: Date: 10/09/2014 Due Prothy: $2.25 Other Costs: DOT. Buell, Pr. honotary (Seal) By: Deputy REQUESTING PARTY: Name: JONATHAN LOBB, ESQ. 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. 312174 PLAINTIFF SANTANDER BANK, N.A. DEFENDANT JOHN M. GLACE SERVE JOHN M. GLACE AT: 132 BRINDLE ROAD MECHANICSBURG, PA 17055-9780 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY SERVED PH # 950204 SERVICE TEAM/ lxh COURT NO.: 14 -4867 -CIVIL TERM TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: March 4, 2015 Served and made known to JOHN M. GLACE, Defendant on the day of NOUtE/vtt.Pa, 2014, at 2:30, o'clock g. M.; at 132 Bat M Dt k 14, MC iAw1te5NAbpin 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: CO-}Bti*UT Description: Age 57 )1 Height 4117 Weight 155S Race IN Sex A4 Other I, Ronald Mull , 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: (( 1 NAME: 6-tt PRINTED NAME: Ronald Mull TITLE: Process Server NOT SERVED On the day of,20 , at o'clock . M., I, state that Defendant NOT FOUND ecause: _ Vacant _ Does Not Exist , a competent adult hereby Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA SANTANDER BANK, NA 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801, Plaintiff v No. 14-4867 CIVIL JOHN M. GLACE 132 BRINDLE ROAD MECHANICSBURG, PA 17055-9780, Defendant To: the Judges of Said Court: MOTION to STAY SHERIFF'S SALE and OBJECTIONS to ASSESSED DAMAGES c) c_r1 C— CA) cri w ✓i N.,,;L) AND NOW this13�y of January, 2015, comes Defendant above named and respectfully moves to stay the March 4, 2015 Sheriff's Sale and objects to the assessment of damages as requested and, in support thereof, avers the following: 1. Defendant filed the above Action in Mortgage Foreclosure on August 15, 2014 which was served on August 25, 2014. A true and correct copy of the Foreclosure Complaint is attached hereto as Exhibit "A" and the Sheriff's Return is attached hereto as Exhibit "B" and made part hereof. The Important Notice as to a default judgment was filed dated September, 23, 2014 and a true and correct copy is attached hereto as Exhibit "C" and made part hereof. 2. Judgment was granted without contest on October 8, 2014 and damages assessed. A true and correct copy of said Judgment is attached hereto as Exhibit "D" and made part hereof in pertinent part. 3. Each pleading is submitted under the signature of a different attorney. 4. Defendant commenced a loan modification with Plaintiffs Credit Decision Department including submission of supporting documentation as evinced by a November 7, 2014 letter attached hereto as Exhibit "E" and made part hereof. 5. Notwithstanding the continuation of the above foreclosure, Plaintiff on November 19, 2014 fully assigned the underlying mortgage to Rushmore Loan Management as provided by a notice sent to Defendant attached hereto as Exhibit "F' and made part hereof. This letter of notice provides in part that "any term or condition of the [existing] mortgage instruments other than terms directly related to servicing of your loan". No individual notice was filed of record. Neither this purported assignment nor of the prior assignment to Plaintiff by merger from Waypoint Bank was filed specifically against collateralized property. 6. Plaintiffs loan modification process ceased immediately upon said assignment of mortgage. 7. Upon notice of this assignment to the new mortgagee, Rushmore, Defendant immediately commenced a new request for mitigation and loan modification with Rushmore including re- submission of documentation. That loan modification was continued and remains in process with Plaintiffs assignee Rushmore as evinced by Rushmore's acknowledgement of submission of required documentation of December 17, 2014 attached hereto as Exhibit "G" and made part hereof. 8. Defendant's attorney has proceeded with obtaining In Rem Judgment and listing said Judgment for March 4, 2015 Sheriffs Sale notwithstanding the completeassignment and reinstitution of loan modification request with Rushmore. 9. Counsel for Plaintiff has continued to aggressively seek foreclosure and a sheriff's sale on March 4, 2015 although his principal has relinquished, transferred and conveyed all rights and benefits by assignment. In addition Plaintiff has requested additional damages that allegedly incurred since his principal's assignment of the mortgage. A true and correct copy of this Motion is attached hereto as Exhibit "H" and made part in pertinent part hereof. 10. The listing of the collateralized property for March 4, 2015 Sheriffs sale is improper and inequitable. Plaintiff no longer owns the mortgage and any principal payment and interest is no longer owned to Plaintiff. Further Defendant has in good faith initiated a loan modification and foreclosure suspension with Rushmore, the proper party. 11. Any sale of any collateralized asset by Plaintiff by and through its counsel would be unjust enrichment, overreaching, and an improper use of process. Plaintiff assigned or otherwise transferred and conveyed any and all real or equitable interest in the collateralized property to Rushmore, a necessary, but unjoined, third party. 12. Plaintiff lacks standing to list or to proceed with a Sheriffs Sale. 13. Plaintiff's request for additional legal fees and costs after the assignment by mortgagee Santander to mortgagee Rushmore is improper since Santander and its counsel knew or should have known of the assignment. 14. The collateralized property is listed for sale with M.C. Realty of Mechanicsburg as a condition of its review by the underwriters of Rushmore Loan Modification and its sale is impeded by the listing for Sheriff's Sale. WHEREFORE the March 4, 2015 Sheriffs sale listing should be stayed indefinitely until the assignee has fully assessed and completed the pending loan modification or until the property is sold whichever occurs first and all taxed costs and assessed damages after the Plaintiff's assignment to an unjoined third party must be struck with the exception of unpaid monthly payments and interest. Respectfully submitted The Law Office of John M. Glace John ► . !Z1 e, Esquire Supr urt ID# 23933 1 E. ain Street Shiremanstown, PA 17011 (717)238-5515 Exhibit ". PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19.103 Michael.Dingerdissen@phel a an.com 215-563-7000 SANTANDER BANK, N.A. 824 NORTH MARKET STREET, SUTI'L 100 WILMINGTON, DE 19801 Plaintiff V. JOHN M. GLACE 132 BRINDLE ROAD MECHANICSBURG, PA 17055-9780 File #: 950204 Defendant P LED -O F10E C.IF THE PROTHONOTARY 2OI i AUG 15 All lat 19. CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PI EAS CIVIL DIVISION TERM NO. fL/--`7U`( a.;tTeeti CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE TRUE COPY FROM>RECORD In Testimony whereof, here unto set my°hand and are se of said : at itflste, Pa. TNs., a 'bej/ of ' ` 20 Prothon tta 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: JOHN M. GLACE 132 BRINDLE ROAD MECHANICSBURG, PA 17055-9780 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/10/1991 JOHN M. GLACE and JODY Z. GLACE made, executed and delivered a mortgage upon the premises hereinafter described to HARRIS SAVINGS ASSOCIATION , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1012, Page 189. Said mortgage was modified by agreement effective 08/01/2010, which is unrecorded. 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. SANTANDER BANK, N.A. FKA SOVEREIGN BANK SUCCESSOR BY MERGER TO WAYPOINT BANK FKA AS HARRIS SAVINGS BANK FKA HARRIS SAVINGS ASSOCIATION. 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 03/01/2014 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File #: 950204 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 07/07/2014: Principal Balance $62,331.17 Interest $1,414.72 02/01/2014 through 07/07/2014 Late Charges $65.16 Property Inspections $31.05 Subtotal $63,842.10 Escrow Credit ($36.55) TOTAL $63,805.55 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) 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 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 950204 10. JODY Z. GLACE was a co -record owner of the mortgaged premises as a tenant by the entirety. By virtue of JODY Z. GLACE's death on or about 08/18/2010, her ownership interest was automatically vested in the surviving tenant by the entirety. 11. Plaintiff hereby releases JODY Z. GLACE, from liability for the debt secured by the mortgage. WHEREFORE, PI de ands an in rem judgment against the Defendant(s) in the sum of $63,805.55, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. File 4: 950204 By: Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff PHELAN HALLINAN, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situated in Monroe Township, Cumberland County, Pennsylvania, being Lot No. 43 in the Final Plan of Brindle Enterprises of record in the Recorder's Office of Cumberland County, Pennsylvania, in Plan Book 35, Page 36, more particularly bounded and described as follows: BEGINNING at a point on the Westerly side of Brindle Road, T-562, 60 feet wide, as shown on said plan, said point being 1,344.87 feet north of the Southern Boundary line between lands now or formerly of E.E. Goodhart and Brindle Enterprises at the intersection of said dividing line with the Westerly side of Brindle Road as aforesaid, said distance being measured along the Westerly line of Brindle Road as aforesaid, and said place of being also on the line dividing Lots Number 42 and 43 in the plan aforesaid; thence from said place of beginning along the line dividing Lot Number 42 and 43 aforesaid; North 89 degrees 28 minutes 35 seconds North, 490.95 feet to a point; thence continuing along the same North 04 degrees 24 minutes 00 seconds East, 195.64 feet to a point on the line dividing Lot Numbers 43 and 44 in the plan aforesaid. Thence along the said dividing line N 65 degrees 37 minutes 15 seconds E., 406.46 feet to a point on the Westerly side of Brindle Road, a 60 foot Right of way as aforesaid, thence along the said Westerly side of Brindle Road in a Southerly direction by the arc of a circle curving to the right and having a radius of 1,320 feet, an arc distance of 308.59 feet to a point on the line dividing Lot Number 42 and 43 aforesaid, the place of BEGINNING. The above described parcel contains approximately 2.94 acres. Having thereon erected a 2 1/2 story stone dwelling house. File #: 950204 BEING the same premises which Jon C. Oplinger and Janet Oplinger, husband and wife, by their deed dated November 1, 1988 and recorded January 1, 1989 in the Cumberland County Recorder of Deeds Office in Deed Book 33T, Page 753, granted and conveyed unto John M. Glace and Jody Z. Glace, husband and wife, the Mortgagor's herein. PROPERTY ADDRESS: 132 BRINDLE ROAD, MECHANICSBURG, PA 17055-9780 PARCEL #22-10-0642-092. File 4: 950204 VERIFICATION 6f4SCANTANDER , he eby states that he/she is 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 unswom falsification to authorities. DATE: File#: 950204 Name: GLACE File #: 950204 Name 'jJ Title: SANTANDER Fo(ectos urz_Adininis SANTANDER BANK, N.A. \ 1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY f ;LE "vr r ll. THE PROTHONC Iri1\i 2013 SEP -2 PM 3: 51 cut•iBERLAND COUNTY PENNSYLVANIA vow iroi, 4,44 119114 Richard W Stewart z=- Solicitor ol'FIcE of THE SHERIFF Santander Bank, N.A. vs. John M Glace Case Number 2014-4867 SHERIFF'S RETURN OF SERVICE 08/25/2014 12:30 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be John Stumpf, Room Mate, who accepted as "Adult Person in Charge" for John M Glace at 132 Brindle Road, Mon; e Township, Mechanicsburg, PA 17055. SHERIFF COST: $39.30 August 26, 2014 (c) CourtySuite Sheriff, Teleosoft. Inc. SIL ACL E, D 'UTY SO ANSWERS, RONNY R ANDERSON, SHERIFF Exhibit ,, SANTANDER BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. JOHN M. GLACE NO. 14 -4867 -CIVIL TERM Defendant(s) CUMBERLAND COUNTY TO: JOHN M. GLACE 132BRINDLE ROAD MECHANICSBURG, PA 17(4511 :30 OF NOTICE: qfz27IP- DATE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE. YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 950204 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDF'i ft STREET ARLISLE, .' 17013 7) 24. 66 Just ski, meq., I. No.200392 Attorney fo�' laintiff Phelan Hal .nan, LLP 1617 JFK i oulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Exhibit PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 " 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 SANTANDER BANK, N.A. vs. JOHN M. GLACE Attorney for Plaintiff (-) •=0, -10 CUMBERLAND COUNTYrnX 1.COURT OF OF COMMON P CIVIL DIVISION : No. 14 -4867 -CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: crs rr, 7)c; Q —40 =-7-1 c)-ri x rrt Kindly enter judgment in favor of the Plaintiff and against JOHN M. GLACE, 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 TOTAL $63,805.55 $63,805.55 I hereby certify that (1) the Defendant's last known address is 132 BRINDLE ROAD, MECHANICSBURG, PA 17055-9780, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date athan Lobb, Esq., Id. No.312174 Attorney or Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: f if PH # 950204 PROTHONOTARY 950204 Exhibit "E JOHN GLACE JODY GLACE (DECEASED) 132 BRINDLE RD MECHANICSBURG PA 17055-9780 11/07/14 Santander Bank, N.A. Credit Decision Unit Mail code: 10-6438-W07 PO Box 19646 Reading, PA 19612 Phone: 888-656-8101 Fax: 800-881-9334 Email: lossmiti@santander.us RE: Loan 0356102284 132 BRINDLE RD MECHANICSBURG PA 17055 Dear John Glace and Jody Glace (Deceased): We have received your request for assistance through our Loss Modification Program, and have performed a preliminary review. During this review, we have identified required documents which were not included in your submission. The items checked on the attached document are required to complete your file. We apologize for any inconvenience, but without this information we are unable to proceed with the review of your account. If you are still interested in pursuing your request for assistance we ask that you send the items checked below as soon as possible. In order to process your documentation in a timely manner, please return all required items at the same time. Once the items are received another review will be performed to insure all item have been received. In order to ensure that the information you are providing remains current while we consider your request, we must receive this documentation by 02/25/15, or 14 business days prior to your foreclosure sale date, whichever is earlier, to avoid expiration your loss mitigation file. You must send in all requested documentation prior to that date. After this date, your loss mitigation file may be closed, in which case a new financial package, including all updated financial documents, would be required. Please send the items listed below together with this checklist to: Via Mail: Santander Bank, N.A. Credit Decision Unit PO Box 12646 Mail code: 10-6438-W07 Reading; PA 19612 Via Fax: 1-888-836-8850 For your convenience, a pre -addressed return envelope has been enclosed. Please note that it may take up to 30 days for us to review your documents, after we receive all required documentation. We will process your request as quickly as possible. While we consider your request, be aware thatuntil an agreement is completed, collection and/or foreclosure efforts may continue (if applicable), and any delinquent payments may be reported to the credit bureaus. You should continue to make the payments on your account, even while we are reviewing your financial information. If the requested information is submitted less than 37 calendar days before your scheduled foreclosure sale, there is no guarantee we can evaluate vou for a foreclosure alternative in time to stop the foreclosure sale. Even if we are able to approve vou for a foreclosure alternative prior to a sale, a court with jurisdiction over the foreclosure proceeding (if any) or public official charged with carrying out the sale may not halt the scheduled sale. ACT NOW TO AVOID ANY FURTHER DELAYS IS YOUR REQUEST FOR ASSISTANCE! 7-63 CDU Missing Items Ck List Rev. 10/17/13 You must send in all required documentation as soon as possible so that we may review your information before the application expiration date. If you have any questions or are unable to provide the required documentation within the timeframe provided. Please contact your Single Point of Contact Representative, LANCE WELLS at 888-656-8101. Keep'a copy of all documents for your records. Don't send original income documentation as copies are acceptable. We must receive this documentation by 02/25/15, or 14 business days prior to your foreclosure sale date, whichever is earlier, to avoid expiration of your loss mitigation file. Order ID# Borrower Name JOHN GLACE Loan # 0356102284 Co -Borrower Name JODY GLACE (DECEASED) The following items are still required to conduct our evaluation for financial assistance: Required Document Item Number(s): 5A Document Reference Guide: 1. The Borrower Financial Statement, signed and dated by all borrowers. 2. The Hardship Affidavit explaining the reason for your hardship and the type of assistance you are requesting. 3. The IRS Form 4506-T (Request for Transcript of Tax Return), signed and dated by all borrowers. 4. Documentation to verify all of the income of each borrower (including any alimony or child support that you choose to rely upon to qualify). This documentation to include: For each borrower: 5. Copy of most recent bank statements, checking and savings, showing all activity for a minimum of: 5A. 2 consecutive months. 5B. 6 consecutive months. 6. Copy of signed and dated, filed federal tax return with all schedules, including Schedule E—Supplement Income and Loss (if applicable) for 6A. last year. 6B. last 2 years. 7. Copy of 2 consecutive pay stubs showing year to date income. (Dated no more than 60 days prior than date of this letter) 8. Copy of the most recent year-to-date profit/loss statement, typed, signed and dated. 9. Copy of social security, disability, death, pension, or public assistance benefits statement or letter from the provider that states the amount, frequency and duration of the benefit. Social security, disability, death or pension benefits must continue for at least 3 years to be considered qualifying income under this program. Public assistance benefits must continue for at least 9 months to be considered qualifying income under this program. 10. Copy of divorce decree, separation agreement or other written agreement or decree that states the amount of the alimony or child support and period of time over which it will be received. Payments must continue for at least 3 years to be considered qualifying income under this program. 11. Copy of recorded transfer (Quit Claim) deed. 12. Proof of full, regular and timely alimony and/or child support payments received; for example deposit slips, bank statements, court verification or filed federal tax return with all schedules. 13. Proposed HUD 1 form for real estate sale offer 7-63 CDU Missing Items Ck List Rev. 10/17/13 14. Short Sale Offer, typed, signed and dated by all parties (seller and buyer) 15. Mortgage loan preapproval letter for potential real estate buyer from financial institution 16. Payoff statement from first lien holder 17. Copy of current year Real Estate Tax Bill for all real estate properties owned 18. Copy of current year Home Owner's Insurance billing statement for all real estate propertied owned 19. Verification of additional income contribution by party other than mortgage holder including signed letter from contributing party verifying contribution and income documentation to support this contribution 20. Listing Agreement 21. Rental Agreement/Lease and Proof of Rental Income 22. Utility Bill 23. Other: Please continue to send current income documentation and bank statements until you are notified of the decision on your workout request. Send the required items checked above together with this checklist to: Via Mail: Santander Bank, N.A. Credit Decision Unit PO Box 12646 Mail code: 10-6438-W07 Reading, PA 19612 Via Fax: 1-888-836-8850 If you have any questions or are unable to provide the required documentation within the timeframe provided, Please contact your Single Point of Contact Representative, LANCE WELLS at 888-656-8101. HUD -approved counselors are available to provide you with the information and assistance you may need to avoid foreclosure. You can use the search tool at http://www.hud.gov/offices/hsg/sfh/hcc/fc/ to find a counselor near you. To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code, this statement is for compliance and /or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, Santander Bank, N.A. retains rights under its security instrument, including the right to foreclose its lien. Sincerely, Credit Decision Unit Santander Bank, N.A. 7-63 CDU Missing Items Ck List Rev. 10/17/13 Exhibit «F» Santander - October 27, 2014 JOHN GLACE JODY GLACE (DECEASED) 132 BRINDLE RD MECHANICSBURG, PA 17055 RE: Mortgage Loan # 356102284 - 132 BRINDLE RD, MECHANICSBURG, PA 17055 NOTICE OF ASSIGNMENT, SALE, OR TRANSFER OF SERVICING RIGHTS You are hereby notified that the ownership and servicing of your loan, that is, the right to collect payments from you, is being assigned,sold or transferred from Santander Bank, N.A. to Rushmore Loan Management Services LLC, effective November 19, 2014. The assignment, sale or transfer of the servicing of the loan does not affect any term or condition of the mortgage instruments other than terms directly related to the servicing of your loan. Except in limited circumstances, the law requires that your present servicer send you this notice at least 15 days before the effective date of the transfer. Your new servicer must also send you a notice no later than 15 days after this effective date. This notice will provide you with your new account number and important information related to your mortgage loan. Your present servicer is Santander Bank, N.A. If you have any questions relating to the transfer of servicing from your present servicer, a member of the Mortgage Loan Customer Care Department can be reached at 601 Penn Street, Mail code: 10-6438-MA4, Reading, PA 19601 or by calling 1-800-232-5200 Monday through Friday 8:00 a.m. to 7:00 p.m. EST. Your new servicer will be Rushmore Loan Management Services LLC. The correspondence address for your new servicer is: Rushmore Loan Management Services LLC 15480 Laguna Canyon Road, Suite 100 Los Angeles, CA 92618 The payment address for your new servicer is: Rushmore Loan Management Services LLC P.O. Box 514707 Los Angeles, CA 90051-4707 The toll-free telephone number of your new servicer is 1-888-504-6700. If you have any questions relating to the transfer of servicing to your new servicer, call their. Customer Service Department, Monday through Thursday 6:00 a.m. to 7:00 p.m. or Friday 6:00 a.m. to 6:00 pm PST. nd its logo are registered trademarks of Banco Santander, S.A., The date that your present servicer will stop accepting payments from you is November 18, 2014. The date that your new servicer will start accepting payments from you is November 19, 2014. Send all payments due on or after that date to your new servicer. If your payments are being automatically drafted from your checking or savings account, this service will not automatically continue with Rushmore Loan Management Services LLC. Your new service will be contacting you with instructions on how to enroll in this service for payments on or after November 19, 2014. If you currently make your loan payment through a third party entity (e.g., government allotment, biweekly, or bill pay service), please take the necessary steps, to change the payee to Rushmore Loan Management Services LLC. In the event of a payment change, it is your responsibility to notify the third party of the new payment amount. You should also be aware of the following information, which is set out in more detail in Section 6 of the Real Estate Settlement Procedures Act (RESPA) (12 U.S.C. 2605): During the 60 -day period following the effective date of the transfer of the loan servicing, a loan payment received by your old servicer on or before its due date may not be treated by the new servicer as late, and a late fee may not be imposed on you. Santander Bank, N.A. Mortgage Loan Servicing Department To the extent that your original obligation was discharged, or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code, this statement is for compliance and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personalliabilityfor such obligation. However, Santander Bank, N.A. and its successors and assigns retain rights under the security instrument, including the right to foreclose the lien. V 0 u e E o i `m Q^ ze 0 'oc x � w `o 601 Penn Street, Mail Code: 10-6438-MA4, Reading, PA 19601 Tel: 800-232-5200 Fax: 855-864-9161 Exhibit CC RUSHMORE iCAN MA`.AGEME,T S E R V I C E i P.O Box 55004 Irvine, CA 92618 888.504.6700 toll free 949.341.2200 fax ® www.rushmorelm.com December 17, 2014 John Glace Jody Glace (deceased) 132 Brindle Rd Mechanicsburg, PA 17055 Loan Number: 7600038655 Property Address: 132 Brindle Rd . Mechanicsburg PA 17055 Dear John Glace : Dear Jody Glace (deceased) : This letter is to acknowledge Rushmore's receipt, of your home retention package wherein you are seeking homeowner assistance in the form of a loan modification or any other type of assistance that may be available. to our customers. A loan modification may change one or more terms of your loan in order to help you bring a defaulted loan current and prevent foreclosure. A loan modification may include but is not limited to an interest rate reduction, a principal forgivenes, an extension of the maturity of -the debt and/or a deferment of a portion of the outstanding debt. -You are usually required to complete a trial payment plan (such as a forbearance) before a permanent loan modification is offered. If you successfully complete the trial payment plan and there is no material change in your financial circumstances and you maintain eligibility, a permanent loan modification' is offered. Most of'our loan owners require that you make a good faith payment in connection with a trial payment plan. The good faith payment (which is generally a percentage of the past due debt) is applied to reduce your'outstanding debt and usually reduces the amount of monthly payment under the modification. Our loan modification process works as follows: First, we determine whether a borrower's'home retention package is complete. Once a complete home retention package is received, we carefully review the package to determine whether the borrower qualifies for. any foreclosure prevention alternative we offer. We then send the borrower a written determination regarding the availability of a foreclosure prevention alternative within 30 days of receipt of'a complete home retention package. If Rushmore offers the borrower a foreclosure prevention alternative, the borrower has 14 days to accept the offered alternative. Certain documents submitted with a home retention package are subject to expiration, such as income documents, which will expire 60 days after submission. RUSHMORE LOAN MA':AiGEME'.T SERVICES P.O Box 55004 Irvine, CA 92618 888.504.6700 toll free 949.341.2200 fax www.rushmorelm.com We have completed our initial review of your home retention package and it is considered incomplete because it is missing the following required documentation: X A complete, signed, financial statement on all parties obligated on the loan. A hardship letter that thoroughly explains what has caused your inability to maintain current and future payments on your loan. Three (3) months' pay -stubs for each person obligated on the loan. X Three (3) months' bank statements on all accounts for each person obligated on the loan. Signed Federal tax return for the most recent calendar year including all schedules and W2s, 1099s, K-ls, 1120s, and/or 1065s. X If you are self-employed, business and personal bank account statements for the past 6 months. If you are self-employed, a six (6) month profit and loss statement. If you are self-employed, six (6) months' bank statements for each person obligated on the loan. A letter of authorization to obtain a credit report for each person contributing money towards the mortgage payment and/or household expenses. Proof of funds for the down payment. Proof of Insurance. X: 6 months pers/business bank statements (all pages, legible & with accountholder information). X: Proof of for Down Payment. *** Please note your complete package must be received no later than 15 days from the date of this letter. If there is a foreclosure sale date scheduled, your complete application must be received greater than 37 days from the scheduled Foreclosure sale date. If your property is located in the state of California or Nevada, a complete application must be received 7 business days or more prior to the scheduled Foreclosure sale date.*** LENDER RUSHMORE LOAN Mh!.ACEME\T E F V I C E 5 P.O Box 55004 Irvine, CA 92618 888.504.6700 toll free 949.341.2200 fax www.rushmorelm.com If your, foreclosure sale date is within 90'days prior to the foreclosure sale date, you will need to send your remaining documents via certified mail to ensure we receive those greater than 37 days prior to the scheduled sale date. DISCLOSURE OF RIGHT TO RECEIVE COPY OF APPRAISAL OR VALUATION REPORT In connection with your recent loss mitigation request we may order an appraisal or valuation to determine the property's value, and may charge you for, this appraisal or valuation. You have the right to receive a copy of any appraisal or valuation that is performed on your property. Upon completion, Rushmore will promptly provide you with a copy of any appraisal or valuation, even if your application is not approved: You can pay for an additional appraisal for your 'own use at your own cost. Please keep this notice with your own records If you have any other mortgage loans secured by this property, you should contact- the servicer of those loans to discuss available loss mitigation options. Should you have any questions regarding this matter, please contact your relationship manager JOANNE MELLO,AT 949 341 5640, or our home retention HOTLINE TOLL FREE at 888-504-7300 during the following hours: Monday = Thursday 6:00 A.M. Through 7:00 P.M., Friday 6:00 A.M. Through 6:00 P.M. pacific time. Sincerely, HOME RETENTION DEPARTMENT RUSHMORE LOAN MANAGEMENT SERVICES LLC LM311 017 1YL iI k 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. JOHN M. GLACE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -4867 -CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 15, 2014. 2. Judgment was entered on October 9, 2014 in the amount of $63,805.55. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 4, 2015. 950204 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through January 31, 2015 Legal fees Cost of Suit and Title Property Inspections Escrow Deficit $62,331.17 $3,268.66 $2,775.00 $750.05 $88.95 $3,084.83 TOTAL $72,298.66 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 6, 2015 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 950204 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: By: Justin F. Kobeski, Esquire ATTORNEY FOR PLAINTIFF 950204 CERTIFICATE OF SERVICE I HEREBY CERTIFY that this day of January, 2015 I have served a true and correct copy of the foregoing Motion to Stay Sheriff's Sale and Objections to Assessed Damages by first class mail, return receipt requested, upon: Justin F. Kobeski, Esquire Phelan Halliman, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 The Law Office of John M. Glace Joh ; ace, Esquire Su p re e ! t. ID: 23933 1 •`a. Main Street S emanstown, PA 17011 (717) 238-5515 Counsel for Defendant 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. JOHN M. GLACE ,ATT,ORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -4867 -CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 15, 2014. 2. Judgment was entered on October 9, 2014 in the amount of $63,805.55. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 4, 2015. 950204 1 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through January 31, 2015 Legal fees Cost of Suit and Title Property Inspections Escrow Deficit $62,331.17 $3,268.66 $2,775.00 $750.05 $88.95 $3,084.83 TOTAL $72,298.66 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached .brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 14, 2015 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 950204 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: /// 714g By: Phelan Hallinan, LLP Justin Kob ..ki, Esquire AT ' • RNE FOR PLAINTIFF 3 950204 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. JOHN M. GLACE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -4867 -CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JOHN M. GLACE executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, andmortgage insurance premiums as these sums became due. Plaintiff's Note was secured by a Mortgage on the Property located at 132 BRINDLE ROAD, MECHANICSBURG, PA 17055-9780. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 950204 1 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, 950204 2 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 950204 3 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 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. 950204 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for 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 attorneys fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 950204 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the 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 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. 950204 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then themortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 950204 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: j#1///_5 By: Phelan Hallinan, LLP 8 F. Ko . eski, Esquire rney for Plaintiff 950204 Exhibit "A" PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com • 215-563-7000 SANTANDER BANK, N.A. VS. JOHN M. GLACE • • • • Attorney for Plaintiff CUMBERLAND COUNTY cs •-1:1= rnc° xrn Nr - x ca D c. COURT OF COMMON PLEAS CIVIL DIVISION No. 14 -4867 -CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOHN M. GLACE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 daysfrom service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $63,805.55 TOTAL $63,805.55 1 hereby certify that (1) the Defendant's last known address is 132 BRINDLE ROAD, MECHANICSBURG, PA 17055-9780, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /6f t//9 PH # 950204 PR�NOTARY 950204 Exhibit "B" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania January 6, 2015 JOHN M. GLACE 132 BRINDLE ROAD MECHANICSBURG, PA 17055-9780 RE: SANTANDER BANK, N.A. v. JOHN M. GLACE Premises Address: 132 BRINDLE ROAD MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 14 -4867 -CIVIL TERM . Dear Defendant, 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 1/12/2015. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly, fitanoij= :i:., Esq., Id. No.200392 Atte") y'for a :iff En°sure 950204 Name and. Address Of Sender Line 1 Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JOH Name of Addressee, Street, and Post Office Address I ▪ • LF? -- • Postage ▪ "' S0.48 ) t r JOHN M. GLACE 132 BRINDLE ROAD MECHANICSBURG,PA 17055-9780 Page 1 of 1 50.48 RE: JOHN M. GLACE (CUMBERLAND) PH # 950204/1200 Total Number of Pieces Listed by Sender Form 3877 Facsimile Total Number of Pieces Received at Post Office Postmaster, Pcr (Name of Receiving Employee) The full declaration p€value is required on MI domestic and international registered mail. The mo for the rceonsrrucrion of nonnegotiable documents under Express Mail document reconstruction piece subject to n limit of 5500.000 per oceurrcnce. The maximum indemnity payable on Exprc The maximum indemnity payable is 525.000 for registered mail, sent with optional insurance. 5 R900 S913 and S92I for limitations of coverage. J,1 aI 9502 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.. JOHN M. GLACE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -4867 -CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. JOHN M. GLACE 132 BRINDLE ROAD MECHANICSBURG, PA 17055-9780 DATE: %//174/Z5 By: AleArPhelan Hallinan, LLP Justin ' obes t , quire ATTR'"' EY FOR PLAINTIFF 950204 SANTANDER BANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 14-4867 CIVIL JOHN M. GLACE, Defendant IN RE: MOTION TO STAY SHERIFF'S SALE AND OBJECTIONS TO ASSESSED DAMAGES RULE TO SHOW CAUSE AND NOW, this /4 'day of January, 2015, in consideration of the Defendant's Motion to Stay Sheriff's Sale and Objections to Assessed Damages: 1. A rule is issued upon the plaintiff to show cause why the relief requested ought not to be granted; 2. the plaintiff shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. argument is set for February 19, 2015, at 10:00 a.m. in Courtroom Number 4; 5. notice of the entry of this order shall be provided to all parties by the defendant. BY THE COURT, rr; c -n