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PHELAN HALLINAN & SCHMIEG, LLP
Matthew Brushwood, Esq., Id. No.310592
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza.
Philadelphia, PA 19103
215-563-7000
SECRETARY OF VETERANS AFFAIRS
7105 CORPORATE DRIVE
PLANO, TX 75024
Plaintiff
V.
MICHAEL D. GEIB
BRENDA GEIB A/K/A BRENDA L. GEIB
863 BURNT HOUSE ROAD
CARLISLE, PA 17015-9107
Defendants
287358
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
No. 1 a - '3S
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 287358
Q ?1?3.750 0 I
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 #: 287358
I. Plaintiff is
SECRETARY OF VETERANS AFFAIRS
7105 CORPORATE DRIVE
PLANO, TX 75024
2. The name(s) and last known address(es) of the Defendant(s) are:
MICHAEL D. GEIB
BRENDA GEIB A/K/A BRENDA L. GEIB
863 BURNT HOUSE ROAD
CARLISLE, PA 17015-9107
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 11/28/2003 MICHAEL D. GEIB and BRENDA GEIB made, executed and delivered
a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR GATEWAY
FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. which mortgage is recorded
in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book
1847, Page 0172, Instrument No. 200365664. By Assignment of Mortgage recorded
03/28/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in
Assignment of Mortgage Instrument No. 200809462.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.
File #: 287358
5.
6
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 12/01/2010 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
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
The following amounts are due on the mortgage as of 12/28/2011:
Principal Balance $134,509.71
Interest $9,729.29
11/01/2010 through 12/28/2011
Late Charges $78.84
Property Inspections $375.00
Non Sufficient Funds Charge $20.00
Escrow Deficit $222.78
Subtotal $144,935.62
Escrow Credit 171.99
TOTAL $144,763.63
7
8
Plaintiff is not seeking a judgment of personal liability (or an in person am 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 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.
File #: 287358
FORM 3
: IN THE COURT OF COMMON PLEAS OF
SECRETARY OF VETERANS AFFAIRS CUMBERLAND COUNTY,
Plaintiff(s) ; PENNSYLVANIA
vs.
MICHAEL D. GEIB
BRENDA GEIB A/K/A BRENDA L. CIVIL
GEIB
Defendant(s)
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated , 2012 governing the
Cumberland County Residential Mortgage Foreclosure Diversion Program, the
undersigned hereby certifies as follows:
1. Defendant is the owner of the real property which is the subject of this
mortgage foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage
Foreclosure Diversion Program" and has taken all of the steps required in that
Notice to be eligible to participate in a court-supervised conciliation
conference.
The undersigned verifies that the statements made herein are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904
relating to unswom falsification to authorities.
Signature of Defendant's Counsel/Appointed
Legal Representative
Signature of Defendant
Signature of Defendant
Date
Date
Date
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$144,763.63, 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.
HALLINAN & SCHMIEG, LLP
By
Attprney,f6r Plaintiff
Esquire
File #: 287358
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Dickinson Township,
Cumberland County, Pennsylvania, bounded and described according to a survey of William B. Whittock, P.E.
dated October 22, 1969, as follows:
BEGINNING at an iron pin, in Legislative Route 21034, now known as Burnt House Road and formerly sometimes
called Bamitz Mill Road, which iron pin is South 31 degrees 43 minutes East 211.20 feet from the centerline of
Legislative Route 21009, known as West Old York Road, at the line of land now or formerly of Lester E. Dum;
thence along the latter North 76 degrees 05 minutes East 216.00 feet to an iron pin; thence still along the same,
South 31 degrees 43 minutes East 153.00 feet to an iron pin at line of land now or formerly of Stine; thence along
the latter, South 77 degrees 12 minutes 46 seconds West 217.41 feet to an iron pin in Legislative Route 21034 now
known as Burnt House Road and formerly sometimes called Barnitz Mill Road; thence along said Burnt House
Road, North 31 degrees 43 minutes West 148.50 feet to an iron pin, the Place of BEGINNING.
BEING improved with a split level masonry and frame dwelling and other improvements with mailing address of
863 Burnt House Road, Carlisle, Pennsylvania 17013.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions as set forth in Deed Book'U', Volume 32, Page 474.
BEING THE SAME PREMISES WHICH Paul C. Keifer and Trisha L. Keifer, by deed to be recorded
simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto
Michael D. Geib and Brenda L. Geib.
PROPERTY ADDRESS: 863 BURNT HOUSE ROAD, CARLISLE, PA 17015-9107
PARCEL # 08-11-0290-015
File #: 287358
VERIFICATION
Vt c? cx - 2osp. Qk'
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,hereby states that h she of BANK OF
AMERICA, N.A., servicing agent for Plaintiff in this matter, that h?/ he s 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 Q nformation 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: 1 j " ((4 -
File#: 287358
Name: GEIB
O -
BANK OF AMERICA, N.A.
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File #: 287358
SECRETARY OF VETERANS AFFAIRS
Plaintiff(s)
VS.
MICHAEL D. GEIB
BRENDA GEIB A/K/A BRENDA L. GEIB
Defendant(s)
FORM 1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
a - M3 Civil
NOTICE OF RESIDENTIAL MORTGAGE
DIVERSION PROGRAM
,
f i:vl
FORECL04
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 a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400
extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court, 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 out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your 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
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 out
reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
( -I /,? r
Date
Respectfully submitted:
C
M e B ; 2 wood,
E
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to the
best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
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:
Type of Loan:
State:_ Zip:
Yes ? No ? Listing date: Price: $
Realtor Phone:
Yes ? No ?
Home:
Cell:
How long?
Office:
Other:
State:__Zip:
Home:
Cell:
Office:
Other:
State: Zip:
How long?
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney: _
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transportation (automobiles, boats, motorcvcles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
Year:
Year:
Monthly Net
Monthly Net
Monthly Net
Borrower Pay Days:_ Co-Borrower Pay Days:
1. Monthly Gross
2. Monthly Gross
3. Monthly Gross
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Morta e Food
2" Mortgage Utilities
Car Payment(s) Condo/Nei h. Fees
Auto Insurance Med. not covered
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Da /Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:_
Phone (Office):
Fax:
Counselor:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes F-1 No F-1
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name):
Servicing Company (Name):
Contact: Phone:
Phone:
I/We, authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature
Date
Co-Borrower Signature . Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
FORM 3
SECRETARY OF VETERANS AFFAIRS
Plaintiff(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
MICHAEL D. GEIB
BRENDA GEIB A/K/A BRENDA L.
GEIB
CIVIL
Defendant(s)
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated , 2012 governing the
Cumberland County Residential Mortgage Foreclosure Diversion Program, the
undersigned hereby certifies as follows:
1. Defendant is the owner of the real property which is the subject of this
mortgage foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage
Foreclosure Diversion Program" and has taken all of the steps required in that
Notice to be eligible to participate in a court-supervised conciliation
conference.
The undersigned verifies that the statements made herein are true and correct. I
understand that false statements are made subject to the penalties of 1.8 Pa.C.S. § 4904
relating to unworn falsification to authorities.
Signature of Defendant's Counsel/Appointed
Legal Representative
Signature of Defendant
Signature of Defendant
Date
Date
Date
FORM 4
: IN THE COURT OF COMMON PLEAS OF
SECRETARY OF VETERANS CUMBERLAND COUNTY, PENNSYLVANIA
AFFAIRS
Plaintiff(s) CIVIL ACTION
VS. : NO.
MICHAEL D. GEIB
BRENDA GEIB A/K/A BRENDA
L. GEIB
Defendant(s)
CASE MANAGEMENT ORDER
AND NOW, this day of , 2012, the defendantiborrower in the
above-captioned residential mortgage foreclosure action having filed a Request for
Conciliation Conference verifying that the defendant/borrower has complied with
the Administrative Rule requirements for the scheduling of a Conciliation
Conference, it is hereby ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on at M. in
Pennsylvania.
at the Cumberland County Courthouse, Carlisle,
2. At least twenty-one (21) days prior to the date of the Conciliation Conference,
the defendant/borrower must serve upon the plaintiff/lender and its counsel a
copy of the "Cumberland County Residential Mortgage Foreclosure Diversion
Program Financial Worksheet" (Form 2) which has been completed by the
defendant/borrower. Upon agreement of the parties in writing or at the
discretion of the Court, the Conciliation Conference ordered may be
rescheduled to a later date and/or the date upon which service of the
completed Form 2 is to be made may be extended. Upon notice to the Court of
the defendant/borrower's failure to serve the completed Form 2 within the
time frame set forth herein or such other date as agreed upon by the parties in
writing or ordered by the Court, the case shall be removed from the
Conciliation Conference schedule and the temporary stay of proceedings shall
be terminated.
3. The defendant/borrower and counsel for the parties must attend the
Conciliation Conference in person and an authorized representative of the
plaintiff/lender must either attend the Conciliation Conference in person or be
available by telephone during the course of the Conciliation Conference. The
representative of the plaintiff/lender who participates in the Conciliation
Conference must possess the actual authority to reach a mutually acceptable
resolution, and counsel for the plaintiff/lender must discuss resolution
proposals with the authorized representative of the Conciliation Conference. If
the duly authorized representative of the plaintiff/lender :is not available by
telephone during the Conciliation Conference, the Court will schedule another
Conciliation Conference and require the personal attendance of the authorized
representative of the plaintiff/lender at the rescheduled Conciliation
Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared
to discuss and explore all available resolution options which shall include:
bringing the mortgage current through a reinstatement; paying off the
mortgage; proposing a forbearance agreement or repayment plan to bring the
account current over time; agreeing to tender a monetary payment and to
vacate in the near future in exchange for not contesting the matter; offering the
lender a deed lieu of foreclosure; entering into a loan modification or a
reverse mortgage; paying the mortgage default over sixty months; and the
institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFFICF, .)F T-E SwERI?F
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Secretary of Veterans Affairs Case Number
vs. 2012-3563
Michael D Geib (et al.)
SHERIFF'S RETURN OF SERVICE
06/12/2012 06:50 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
12, 2012 at 1850 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice
of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Michael
D. Geib, by making known unto himself personally, at 863 Burnt House Road, Carlisle, Cumberland
County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and
correct copy of the same.
S SHAL UTY
06/12/2012 06:50 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
12, 2012 at 1850 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice
of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Brenda
Geib, by making known unto Michael Geib, Husband of Defendant at 863 Burnt House Road, Carlisle,
Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the
said true and correct copy of the same.
S H LL, D
SHERIFF COST: $50.00
June 14, 2012
(ci CountySuite Sheriff. Telecsoft. Inc.
SO ANSWERS,
RON R ANDERSON, SHERIFF
V
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
SECRETARY OF VETERANS AFFAIRS Court of Common Pleas
Plaintiff
Civil Division
vs
CUMBERLAND County
MICHAEL D.GEIB
BRENDA GEIB No. 12-3563 CIVIL
A/K/A BRENDA L.GEIB
Defendant
PRAECIPE
TO THE PROTHONOTARY:
®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.
❑ Pleaste'Vacate the Judgment entered.
Date: `"I r�� PHEL LINAN,LLP
BY:
Robert P.Wendt,Esq.,Id.No.89150
Attorney for Plaintiff
PHS#287358
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Phelan Hallinan,LLP Attorney for Plaintiff
1517 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
SECRETARY OF VETERANS AFFAIRS Court of Common Pleas
Plaintiff Civil Division
V. CUMBERLAND County
MICHAEL D. GEIB No. 12-3563 CIVIL
BRENDA GEEB
A/K/A BRENDA L. GEIB,
Defendant PHS#287358
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:
JEFFREY ROSS,ESQUIRE
HAROLD SHEPLEY&ASSOC.
209 WEST PATRIOT STREET
SOMERSET,PA 15501
Date: LA P'IEVLLI.NAN,LLP
By
Robert P.Wendt,Esq.,Id. No.89150
Attorney for Plaintiff