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PHELAN HALLINAN & SCHMIEG, LLP
Allison F. Wells, Esq., Id. No.309519
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
FLAGSTAR BANK F.S.B.
5151 CORPORATE DRIVE
SUITE 200
TROY, MI 48098
Plaintiff
V.
251923
BRIAN E. BARKLEY A/K/A BRIAN BARKLEY
LINDA J. BARKLEY
39 WEST COOVER STREET
MECHANICSBURG, PA 17055-6435
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. a t?-
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 251923
103.7
'lu? ll ?Ca st/?-v
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 #: 251923
1. Plaintiff is
FLAGSTAR BANK F.S.B.
5151 CORPORATE DRIVE
SUITE 200
TROY, MI 48098
2. The names and last known address of the Defendants are:
BRIAN E. BARKLEY A/K/A BRIAN BARKLEY
LINDA J. BARKLEY
39 WEST COOVER STREET
MECHANICSBURG, PA 17055-6435
who are the mortgagors and real owners of the property hereinafter described.
3. On 01/25/2010 BRIAN E. BARKLEY and LINDA J. BARKLEY made, executed and
delivered a mortgage upon the premises hereinafter described to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE
FOR FLAGSTAR BANK, F.S.B which mortgage is recorded in the Office of the
Recorder of Deeds for CUMBERLAND County, at Mortgage Instrument No. 201004935.
By Assignment of Mortgage recorded 12/16/2010 the mortgage was assigned to
PLAINTIFF which Assignment is recorded at Assignment of Mortgage Instrument No.
201037200. 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 08/01/2010 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 #: 251923
by written notice sent to Mortgagor, the entire principal balance and all interest due
6
thereon are collectible forthwith.
The following amounts are due on the mortgage as of 12/21/2011:
Principal Balance $168,763.54
Interest $13,347.68
07/01/2010 through 12/21/2011
Late Charges $0.00
Property Inspections $165.00
Non Sufficient Funds Charge $30.00
Mortgage Insurance Premium / $135.78
Private Mortgage Insurance
Escrow Deficit $4,430.73
TOTAL $186,872.73
7.
8
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendants in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendants 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 and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendants on
the dates set forth thereon.
File #: 251923
WHEREFORE., Plaintiff demands an in rem judgment against the Defendants in the sum of
$186,872.73, 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 HALLIrJ??MEG, LLP
Allison r'FEsq
Attorney for Plaintiff
File #: 251923
LEGAL DESCRIPTION
ALL THAT CERTAIN Lot of Ground situate on the South Side of West Coover Street, in the
Borough of Mechanicsburg, Cumberland County, State of Pennsylvania, bounded and described
as follows, to wit:
BEGINNING on the building line of said Coover Street and'at corner of lot formerly of Robert
Armstrong; now of Ralph Paulus, Jr., thence along the building line of said Coover Street
Eastward fifty-eight (58) feet to a point at corner of lot formerly of S.C. Oswarld now of Carl M.
Pittenturf; thence along the line of said lot of Carl M. Pittenturf Southward one hundred forty
(140) feet, more or less, to the line of a twenty-feet wide Alley; thence along the line of said
Alley Westward fifty-eight (58) feet to line of lot of Ralph Paulus, Jr., aforesaid; thence along the
line of said lot of Ralph Paulus, Jr. Northward one hundred forty (140) feet, more or less, to the
building line of said Coover Street, the Place of BEGINNING;
HAVING thereon erected a two and one-half story frame dwelling house numbered 39 West
Coover Street, also frame garage;
BEING THE SAME PREMISES which Anna E. Neibert, deceased, by Deed dated October 1,
2004 and recorded October 4, 2004 in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Deed Book 265 Page 3015 granted and conveyed unto Lois
E. Witmer, Doris L. Murphy and Daryl E. Neibert, Grantors herein.
PROPERTY ADDRESS: 39 WEST COOVER STREET, MECHANICSBURG, PA 17055-
6435
PARCEL # 16-24-0787-075
File #: 251923
VERIFICATION
`'WW E xis . hereby states that he/she is Star Bank, F.S.B.,
Plaintiff in this matter, that he/she has reviewed the business records relating to the mortgage at issue
herein, and that he/she is authorized to make this Verification, and verify that the statements made in the
foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and
belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unsworn falsification to authorities.
DATE:
File#: 251923
,?U. aie, -
Name: IS
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Title:
File #: 251923
FLAGSTAR BANK, F.S.B.
Plaintiff(s)
vs.
BRIAN E. BARKLEY A/K/A BRIAN BARKLEY
LINDA J. BARKLEY
Defendant(s)
IN THE COURT OF COM?30ILEAS
OF CUMBERLAND UKT-Y, : T
PENNSTLVA?
C._
1 a cP';l3 civil.
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have an attorney, you must take the following steps to be eligible for a conciliation
conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at
(717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not
charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative
within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all the requested financial information so that a loan
resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be
filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an
attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward,
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date
kwwto
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances
to determine possible options while working with your Please provide the
following information to the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different)
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:_
Loan:
Loan Number:
Second Mortgage Lender:
of Loan:
Loan Number:
Total Mortgage Payments Amount: $
Date of Last Payment:
Date you Closed Your Loan:
How long?
Included Taxes & Insurance:
State: Zip:
Yes ? No ? Listing date: Price: $_
Realtor Phone:_
Yes ? No ?
State: Zip:
Home:
Cell:
Office:
Other:
How long?
Home:
Cell:
Office:
Other:
State: Zip:
Type of
Type
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile # 1: Model:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transportation (automobiles, boats, motorcvcles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
Year:
Year:
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2° Mortgage Utilities
Car Pa ent(s) Condo/Nei h. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Su ordAlim. Spending Money
Day/Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office):
Email:
Fax:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to
resolve your delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if you know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Phone:
Servicing Company (Name):
Contact: Phone:
I/We,
authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of
evaluating my financial situation for possible mortgage options. I/We understand that I/we
am/are under no obligation to use the services provided by the above named
Borrower Signature
Date
Co-Borrower Signature Date
Please forward this page along with the following information to lender:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson 'LED-G= ~ Cc Sheriff }* TIaf PROTHONOTAF+{
Jody S Smith 2012 APR 23 PM 12: 11
Chief Deputy
Richard W Stewart CUMBERLAND COUNTY
Solicitor OP PENNSYLVANIA
Flagstar Bank FSB
Case Number
vs.
Brian Eugene Barkley (et al.) 2012-;- 2 3 2 3
SHERIFF'S RETURN OF SERVICE
04/17/2012 08:58 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April
17, 2012 at 2058 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Linda J. Barkley, by making known unto herself personally, at 205 S.
Market Street, Apartment 1, Mechanicsburg, Cumberland County, Pennsylvania 17 5 its contents and at
the same time handing to her personally the said true and correct copy o e sa e.
c
SH HAR SON, DEPUTY
04/17/2012 06:39 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: Linda J. Barkley, but was unable to
locate her in his bailiwick. He therefore returns the within Complaint in Mortgage F closure as not founc
as to the defendant Linda J. Barkley. Request for service at 39 W. Coove,rStreet/ chanicsburg,
Pennsylvania 17055 the Defendant was not found. /'T1
SH,CWN HARR-MON, DEPUTY
04/17/2012 06:33 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April
17, 2012 at 1833 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Brian Eugene Barkley, by making known un himse ersonally, at 39 W.
Coover Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 ? onte and at the same
time handing to him personally the said true and correct copy of the sam .
HARRISON, DEPUTY
04/19/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Brian Eugene Barkley, but was unable to locate him in
his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Brian Eugene Barkley. Request for service at 13 Main Street, Mechanicsburg, Pennsylvania
17055 the Defendant was not found. Brian Eugene Barkley currently resides at 39 W. Coover Street,
Mechanicsburg, Pennsylvania 17055.
04/19/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Brian Eugene Barkley, but was unable to locate him in
his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Brian Eugene Barkley. Request for service at 11 Raspberry Drive, Mechanicsburg,
Pennsylvania 17050 the Defendant was not found. Brian Eugene Barkley currently resides at 39 W.
Coover Street, Mechanicsburg, Pennsylvania 17055.
;t- :ou ° . 0 -' C '+f' Tc aosott 0':1
.
04/19/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Linda J. Barkley, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Linda J. Barkley. Request for service at 13 Main Street, Mechanicsburg, Pennsylvania 17055
the Defendant was not found. Linda J. Barkley currently resides at 205 S. Market Street, Apartment 1,
Mechanicsburg, Pennsylvania 17055.
04/19/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Linda J. Barkley, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Linda J. Barkley. Request for service at 11 Raspberry Drive, Mechanicsburg, Pennsylvania
17050 the Defendant was not found. Linda J. Barkley currently resides at 205 S. Market Street,
Apartment 1, Mechanicsburg, Pennsylvania 17055.
SHERIFF COST: $189.00
April 19, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
icj CouasyS?.?itn Ghent Te..eoscft '.n<,.
' .0
&FICE
LLED
Phelan Hallinan & Schmieg, LL THE PRONOTAR
1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff
2Q12 .?U?- _6 AM 10:35
One Penn Center Plaza
Philadelphia, PA 19103 CUMBERLAND COUNTY
215-563-7000 PENNSYLVANIA
FLAGSTAR BANK F.S.B.
Plaintiff
vs
BRIAN E. BARKLEY
A/K/A BRIAN BARKLEY
LINDA J. BARKLEY
Defendant
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 2012-2323-CIVIL
TO THE PROTHONOTARY:
PRAECIPE
® 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 the action Discontinued and Ended.
Date: -7 PHELAN HALLINAN
PHS # 251923
& SCHMIEG, LLP
By:
Courtenay R. Dunn, Esq., Id. No.206779
Attorney for Plaintiff
c f . ,&
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
FLAGSTAR BANK F.S.B.
Plaintiff
vs
BRIAN E. BARKLEY
A/K/A BRIAN BARKLEY
LINDA J. BARKLEY
Defendant
Attorney For Plaintiff
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 2012-2323-CIVIL
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served
regular mail to the person(s) on the date listed below:
LANCE DENHA, ESQUIRE
THE LAW OFFICE OF LANCE DENHA, P.A.
1401 NORTH UNIVERSITY DRIVE
SUITE 200
CORAL SPRINGS, FL 33071
Date: `?
By:
Courtenay R. Dunn, Attomey for Plaintiff
PHS # 251923