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Home My WebLink About14-5178 Supreme Court-of-Pennsylvania 1 Couri o` f Comm":` Pleas ,�,; For Prothonotary Use Only: CivirGoief,Sheet CUMBEItLA County Jr ` `' Docket No: y S l U The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: ❑O 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: GEORGE KATSIFIS T I Are money damages requested? El Yes Z No Dollar Amount Requested: Elwithin arbitration limits O (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑Yes Z No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Kenya Bates,Esq.,Id.No.203664,Phelan Hallinan,LLP ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS' ❑Intentional ❑ Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection: Other ❑ Board of Elections ❑Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑Employment Dispute: ❑ Slander/Libel/Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑Zoning Board C ❑ Other: T I MASS TORT ❑Other: 0 ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑ Ejectment ❑Common Law/Statutory Arbitration B ❑Other: ❑ Eminent Domain/Condemnation ❑Declaratory Judgment ❑ Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure: Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑Other: ❑Medical ❑Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 ZIM SEP -4 tt{11 : 65 CUMBERLAND COtJy Y PENNSYLVANIA PHELAN HALLINAN,LLP Kenya Bates,Esq.,Id.No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 kenya.bates@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 GEORGE KATSIFIS NO. / 5-17 4 1777 SHEEPFORD ROAD MECHANICSBURG,PA 17055-4849 CUMBERLAND COUNTY IRENE M. KATSIFIS 1777 SHEEPFORD ROAD MECHANICSBURG,PA 17055-4849 Defendants CIVIL ACTION- LAW COMPLAINT IN MORTGAGE FORECLOSURE ��S• 7S P File#: 952218 / q " (/V7 s72 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 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (71.7)249-3166 (800)990-9108 File#: 952218 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: GEORGE KATSIFIS 1777 SHEEPFORD ROAD MECHANICSBURG, PA 17055-4849 IRENE M. KATSIFIS 1777 SHEEPFORD ROAD MECHANICSBURG, PA 17055-4849 who is/are the mortgagor(s) of the property hereinafter described. 3. On 12/29/2005 GEORGE KATSIFIS and IRENE M. KATSIFIS made, executed and delivered a mortgage upon the premises hereinafter described to SOVEREIGN BANK , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1936, Page 2746.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. Sovereign Bank is now known as Santander Bank,N.A. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2014 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#: 952218 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 08/12/2014: Principal Balance $111,901.91 Interest $3,237.23 03/01/2014 through 08/12/2014 Late Charges $240.78 Property Inspections $31.05 Escrow Deficit $1,838.99 TOTAL $117,249.96 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#: 952218 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $117,249.96, 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: Kenya Ilates, Esq., Id. No.203664 Attorney for Plaintiff File#: 952218 LEGAL DESCRIPTION ALL THAT CERTAIN tract or lot of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Yellow Breeches Creek at the eastern terminus of land now or formerly of Clarence A. Walter and Sarah E. Walter, on the Yellow Breeches Creek; thence South fourteen (14) degrees fifty-nine (59) minutes West four hundred thirty-one (43 1) feet to a point; thence North seventy-four(74) degrees twenty-six (26)minutes West one hundred twenty- four and fifty hundredths (124.50) feet to a point; thence South eleven(11) degrees forty-eight (48) minutes East, a distance of seven and no tenths (7.0) feet; thence North seventy-eight (78) degrees forty-two (42) minutes West seventy-one (71) feet to a point at line of land now or formerly of Roy H. Walter and Ruth M. Walter; thence along line of land now or formerly of said Roy H. Walter and Ruth M. Walter North eight (8) degrees forty-nine (49) minutes East three hundred thirty-nine and fifty-eight hundredths (339.58) feet to a point on the Yellow Breeches Creek; thence along the Yellow Breeches Creek North eighty(80) degrees fifty-one (5 1) minutes East two hundred fifty-three and fifty-seven hundredths (253.57) feet to a point, the Place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 1777 Sheepford Road. PROPERTY ADDRESS: 1777 SHEEPFORD ROAD,MECHANICSBURG, PA 17055- 4849 PARCEL #13271877015 File#: 952218 VERIFICATION f( a Jhereby states that he/she is �,, pp 4i hof SANTANDER Gt�(PV1, lS�l?-l��b 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 an ed belief. The dersigned understands that this statement is made subject to the penalties of 18 Pa S. Sc 904 relating to unsworn falsification to authorities. f DATE: LN:am/e30L� am� tle � ' SANTANDERB ,N.A. File#: 952218 Name: KATSIFIS File#E: 952218 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY /�F: P��74o��— " ''.v..�To/�� J/� ^° ' OCT// � °^ —' p� ��c '' `.�� CUMBERLAND ��'�/~Cuu� NW� ,, YL Santander Bank, N.A. vs. George Katsifis (et al.) Case Number 2014-5178 SHERIFF'S RETURN OF SERVICE 09/05/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Irene M Katsifis, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 0909/2014 03:30 PM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of York County upon Lindsey Fowler, Daughter of defendant, who accepted for Irene M Katsifis, at 850 Rohlers Church Road, Dover, PA 17315. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. 08/22/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent searchandinquiry for the within named Defendant to witIrene M Katsifis, but was unable to locate the Defendant in his bailiwick, The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 1777 Sheepford Road, Lower Allen, Mechanicsburg, PA 17055. Deputies were advised by co-defendant, George Katsifis, that the defendant no longer resides at this address. 09/22/2014 04:01 PM' Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in , Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: George Katsifis at 1777 Sheepford Road, Lower Allen Township, Mechanicsburg, PA 17055. SHERIFF COST: $74.30 DAWN KELL, DEPUTY SO ANSWERS, September 23, 2014 RDNR ANDERSON, SHERIFF (c) CauntyStlite Sheriff, Teleosoff. inn. Richard P Keuerleber Sheriff Michael S. Hose Chief Deputy, Operations SANTANDER BANK, N.A. vs. GEORGE KATSIFIS (et al.) SHERIFF'S OFFICE OF YORK COUNTY PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration Case Number 14-5178 CIVIL SHERIFF'S RETURN OF SERVICE 09/09/2014 03:30 PM - DEPUTY TYLER STEPANCHICK, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE LINDSEY FOWLER, DAUGHTER, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR IRENE M. KATSIFIS AT 850 ROHLERS CHURCH ROAD, DOVER, PA 17315. TYLER STEPANCHICK, DEPUTY SHERIFF COST: $42.00 SO ANSWERS, September 13, 2014 MICHAEL S. HOSE, ACTING SH RICHARD P KEUERLEBER, SHERIFF Th— Notelti) t.1g2 1., Two, Wiry Public City of York, York Cal* y CtittittilgglOn Expitts Ay. 1-2, 26 7 Q;111 OF Affirmed and subscribed to before me this 13TH day of SEPTEMBER NOTARY 2014 (c)County,Sule Sheriff, Tet-ecsort,