HomeMy WebLinkAbout12-4734ILED-O EICE
?`UE PPOTHONOTAr,-'r
2012 JUL 30 AM 9: 44
CUMBERLAND COUNTY
PENNSYLVANIA
PHELAN HALLINAN & SCHMIEG, LLP
Brian Yoder, Esq., Id. No.207412
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
BANK OF AMERICA, N.A. AS SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING, LP
7105 CORPORATE DRIVE
PLANO, TX 75024
ATTORNEY FOR
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff TERM
v. y ? 3 y 1??I
NO.
RONALD L. GARLINGER, JR A/K/A RONALD L.
GARLINGER CUMBERLAND COUNTY
YOLANDA R. GARLINGER
237 NORTH 2ND STREET
WORMLEYSBURG, PA 17043-1102
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 299012
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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
you fail to do so, the case may proceed without you, and a judgment may be entered against
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 LA
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 #: 299012
1. Plaintiff is
BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LO
SERVICING, LP
7105 CORPORATE DRIVE
PLANO, TX 75024
2. The name(s) and last known address(es) of the Defendant(s) are:
RONALD L. GARLINGER, JR A/K/A RONALD L. GARLINGER
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.
3. On 09/30/2003 RONALD L. GARLINGER, JR and YOLANDA R. GARLINGER
executed and delivered a mortgage upon the premises hereinafter described to
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE
FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Offic
of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1839, Page
4322. By Assignment of Mortgage recorded 06/02/2010 the mortgage was assigned to
PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No.
201014198.The mortgage and assignment(s), if any, are matters of public record and ar
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.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 10/01/2011 and each month thereafter are due and unpaid, and by the
of said mortgage, upon failure of Mortgagor to make such payments after a date
S
File #: 299012
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 05/07/2012:
Principal Balance $69,200.91
Interest $1,347.96
09/01/2011 through 05/31/2012
Late Charges $0.00
Property Inspections $15.00
Escrow Deficit $1,731.70
Subtotal $72,295.57
Suspense Credit ($47.42)
Escrow Credit 181.16
TOTAL $72,066.99
7
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.
Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default
required by the mortgage document, as applicable, have been sent to the Defendant(s)
the date(s) set forth thereon.
File #: 299012
I
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$72,066.99, 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 & SCHMIEG, LLP
By:
Brian Yoder, squire
Attorney for Plaintiff
File #: 299012
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 soul
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 ar
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 or
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 one-half of a 2 1/2 story frame house known and numbered as 237
North Second Street, Wormleysburg, Pennsylvania.
BEING the same premises which Terry Lee Heckrote and Jacqueline K. Huffer, a/k/a Jacquelir
K. Heckrote, his wife, by Deed dated February 13, 1998 and recorded February 20, 1998 in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book
172, page 343, granted and conveyed unto Donald Lee Allman, Grantor herein.
PROPERTY ADDRESS: 237 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-
1102
PARCEL # 47-19-1588-160
File #: 299012
r
VERIFICATION
hereby states tha l he is 1,4'r'0 9tJ Jof BANK OF
AMERICA, N.A., Plaintiff in this matter, th h }she is authorized to make this Verification, as
verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true
and correct to the best o "ier information and belief. The undersigned understands that thi:
statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
DATE: ?y I
File#: 299012
Name: GARLINGER
Name. ly -
?r J
Title:
BANK OF AMERICA, N.A.
File #: 299012
FORM 1
BANK OF AMERICA, N.A. AS SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
LP
Plaintiff(s)
vs.
RONALD L. GARLINGER, JR A/K/A RONALD
L. GARLINGER
YOLANDA R. GARLINGER
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
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Civil
7
NOTICE OF RESIDENTIAL MORTGAGE FOREC
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
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 confi
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2z
extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge
Once you have been appointed a legal representative, you must promptly meet with that legal representative withi
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 you
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will 1
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with
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 eligi
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a
representative. However, you must provide your lawyer with all requested financial information so that a loan i
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation con:
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 S
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
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Brian Yoder,
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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
possible options while working with your counseling agency. Please provide the following inform
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:
State: Zip:
Yes[:] No ? Listing date: Price: $
Realtor Phone:
Yes El No ?
Home:
Cell:
How long?
Home:
Cell:
State: Zip:
How long?
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $
Date of Last Payment:
Included Taxes & Insurance:
State: Zip:
Office:
Other:
Office:
Other:
to the
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, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross
2. Monthly Gross
3. Monthly Gross
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Year:
Year:
Monthly Net
Monthly Net.
Monthly Net.
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
tad 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 ordAlim. Sp nding Money
Da /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): Fax:
Email:
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
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 evaluat g 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 lei
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
letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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211 2 AUG -7 AM 9: 0
UMBEGLAND COON
PENNSYLVANIA
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{OFFICE OF THE SkERIFF
Bank of America, NA
vs. Case Numbe
Ronald L Garlinger (et al.) 2012-4734
SHERIFF'S RETURN OF SERVICE
07/31/2012 08:10 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 3 ,
2012 at 2010 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notic of
Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Ronal L.
Garinger, by making known unto Yolanda Garlinger, Wife of Defendant at 237 N. Second Street,
Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her
personally the said true and correct copy of the same.
07/31/2012 08:10 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 3 ,
2012 at 2010 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: Yolan a
R. Garlinger, by making known unto herself personally, at 237 N. Second Street, Lemoyne, Cumberland
County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true
and correct copy of the same.
AN BURGETT,
SHERIFF COST: $60.00
August 03, 2012
SO ANSWERS,
1XI
R ANDERSON, SHERIFF
(C) CountySuite Sheriff, Teleosoh. Inc