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Home My WebLink About10-2579 1 1????? 3...i41? ???/ Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 v Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE. PLANO, TX 75024 t g2?db ?tfr 2010 APR 20 F4 2:2 Pd 4 CU,?+ r; :ltr??l a yo$dY ATTORNEY FOR PLAINTIFF 236067 COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff TERM RONALD L. GARLINGER, JR YOLANDA R. GARLINGER 237 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1102 Defendants File #: 236067 NO. ??- 7 9 czv: I ycrA, CUMBERLAND COUNTY 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 }ou 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 #: 236067 I . Plaintiff is BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: RONALD L. GARLINGER, JR YOLANDA R. GARLINGER 237 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1102 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 09/30/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1839, Page 4322. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2008 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 236067 6. The following amounts are due on the mortgage: Principal Balance Interest 11/0 1 /2008 through 04/19/20 10 Attorney's Fees Cumulative Late Charges 09/30/2003 to 04/19/2010 Costs of Suit and Title Search Escrow Deficit TOTAL 7. 8. 9. $74,388.71 $6,276.28 $650.00 $460.36 $550.00 $2,360-53 $84,685.88 Plaintiff is D-W 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 236067 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $84,685.88, together with interest from 04/19/2010 at the rate of $12.13 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? ence T. Phelan, sq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 236067 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land in the Borough of Wormleysburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the easterly line of Second Street, which point is fifty (50) feet south of the southeast corner of Second Street and Pine Street (also known as Poplar Street); thence southwardly along Second Street seventeen and twenty one-hundredths (17.20) feet to a point; thence eastwardly through the partition wall dividing Nos. 237 and 235 North Second Street and continuing eastwardly to a point on the westerly line of River Alley; thence along said River Alley in a northerly direction nineteen (19) feet to a stake at the southerly line of Lot No. 95 on the hereinafter mentioned Plan of Lots; thence westwardly along said southerly line of Lot No. 95, one hundred fifty (150) feet to a point on the easterly line of Second Street, the place of BEGINNING. BEING a portion of Lot No. 96 on the Plan of Edgewater, said Plan being recorded in the Cumberland County Recorder's Office in Deed Book 'D', Volume 6, Page 599. HAVING thereon erected a one-half of a 2 1/2 story frame house known and numbered as 237 North Second Street, Wormleysburg, Pennsylvania. PARCEL NO. 47-19-1588-160 PREMISES: 237 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1102 File #: 236067 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authoriti DATE: \4?4 I U File #: 236067 li TO THE PROTHONOTARY: PRAECIPE X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ? Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and he ac on D scontinued and Ended. ?I Date: R. Tabas, E Q ,7d. No.9333 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 HK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff COU" BAC HOME LOANS SERVICING, Court of Common Pleas L.P. Plaintiff Civil Division vs CUMBERLAND County RONALD L. GARLINGER, JR No. 10-2579 CIVIL TERM YOLANDA R. GARLINGER . Defendant PHS # 236067 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. Plaintiff Court of Common Pleas vs Civil Division RONALD L. GARLINGER, JR CUMBERLAND County YOLANDA R. GARLINGER Defendant No. 10-2579 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: RONALD L. GARLINGER, JR YOLANDA R. GARLINGER 237 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1102 Date: S v PHS # 236067 t1LLU111Gy wi r laiuuii