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HomeMy WebLinkAbout03-0329WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 TODD T. NEALY, Plaintiff AEGIS MORTGAGE CORPORATION, trading and doing business as NEW AMERICA FINANCIAL, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03- ~q CIVIL TERM : ACTION TO QUIET TITLE 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 the pleadings and Notice are served, 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 pleadings or for any other claim of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Wayn~'F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Atlomcy at Law 53 West Pomffet Street Carlisle, Pennsylvania 17013 TODD T. NEALY, Plaintiff AEGIS MORTGAGE CORPORATION, trading and doing business as NEW AMERICA FINANCIAL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · NO. 03- .~ ,2, 9 CIVIL TERM · ACTION TO QUIET TITLE COMPLAINT Plaintiff TODD T. NEALY is an adult individual who resides at 18 Chestnut Drive, Carlisle, Cumberland County, Pennsylvania 17013. Defendant AEGIS MORTGAGE CORPORATION, trading and doing business as NEW AMERICA FINANCIAL, is a corporation organized and existing under the laws of the State of Oklahoma with offices at 3910 Kirby Drive, Suite 300, Houston, Texas 77098. o On or about July 3, 2001, Plaintiff refinanced with Defendant the residential real estate in which he then resided and continues to reside at Loan No. 3127835 in the amount of $122,500, said real estate's being more particularly bounded and described, as follows: WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Car/isle, Pennsylvania 17013 ALL THAT CERTAIN lot situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described, as follows: BEGINNING at a point on the southern right-of-way of Chestnut Drive, at comer of Lot No. 5 on the hereinafter mentioned Plan; thence by Lot No. 5, South 15 degrees 24 minutes East, 301.52 feet to a point on line of land now or formerly of Larry Warner; thence by same, South 74 degrees 36 minutes 00 seconds West, 181.80 feet to a stone; thence by Lot No. 7, North 08 degrees 12 minutes 28 seconds West, 310.25 feet to a point on the southern right-of-way of Chestnut Drive; thence by said Chestnut Drive by a curve to the left having a radius of 800.0 feet, the arc distance of 100.42 feet to a point; thence still along Chestnut Drive, North 74 degrees 36 minutes East, 42.79 feet to a point, the Place of BEGINNING. HAVING thereon erected a wood and aluminum bi-level dwelling house 'known as and numbered 18 Chestnut Drive, Carlisle, Pennsylvania. BEING lot No. 6 of the Final Subdivision Plan for Hickory Estates, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 27, Page 18. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Todd T. Nealy and Tammy L. Nealy, husband and wife, by Deed dated January 27, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 193, Page 335, granted and conveyed unto the said Todd T. Nealy, now a single person, Mortgagor herein. -2- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Defendant, its agents, servants, employees and independent contractors knew that said refinance transaction was subject to the three day right of rescission provisions of federal law. o Notwithstanding the applicability of the three day right of rescission under federal law, Defendant, its agents, servants, employees or independent contractors caused the mortgage to be recorded prior to expiration of the three day right of rescission period. 6. Said mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1726, Page 3777, on the date of closing on the refinance transaction. Plaintiff did lawfully rescind the refinance transaction within the three days that he had a right to do so. After PlaintiWs rescission of the said refinance transaction, Plaintiff made written demand upon Defendant on September 14, 2001, that Defendant see to the immediate satisfaction of the mortgage at Mortgage Book 1726, Page 3777. -3- WAYNE F. SHADE Attorney at Law 53 West Pomffe Carlisle, Pennsylvania 17013 When Defendant failed to satisfy of record said mortgage by November 7, 2001, Plaintiff made a second written demand upon Defendant for satisfaction of said mortgage. 10. When said mortgage was not satisfied of record by January 11, 2002, Plaintiff made a third written demand upon Defendant for satisfaction of said mortgage which written demand covered a check payable to the Recorder of Deeds of Cumberland County, Pennsylvania, in the amount of $14 for the satisfaction fee. 11. In spite of Plaintiff's repeated written demands for satisfaction of said mortgage, Defendant has wholly failed and refused to see to satisfaction of the same of record. WHEREFORE, Plaintiff demands judgment against Defendant under the provisions ofPa. R.Civ. P. 1061 and 1066, as follows: (a) To compel Defendant to satisfy of record or admit the invalidity of said mortgage; (b) To order that Defendant be forever barred from asserting any right, lien, title or interest in the land under the aforesaid mortgage; (c) To enter a final judgment that said mortgage is invalid; (d) To enter a final judgment ordering the Recorder of Deeds to satisfy said mortgage of record and to execute any document necessary to make the decree effective; -4- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (e) To award the costs of these proceedings to Plaintiff; and (f) To enter any other Order necessary for the granting of proper relief. WaynCF. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -5- WAYNE F. SHADE Attorney at Law 53 West Pomfret Sheet Carlisle, Pennsylvania 17013 I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: January 16, 2003 Todd ~'~ealy' ~ ,) WAYNE F. SHADE Attorney at Law 53 West Pornfret Street Carlisle, Pennsylvania 17013 TODD T. NEALY, Plaintiff Vo AEGIS MORTGAGE CORPORATION, trading and doing business as NEW AMERICA FINANCIAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-329 CIVIL TERM ACTION TO QUIET TITLE AFFIDAVIT OF SERVICE WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff TODD T. NEALY in the above-captioned matter, that he did, on January 22, 2003, serve the Complaint in the above-captioned matter upon Defendant AEGIS MORTGAGE CORPORATION by certified United States mail, postage prepaid, retum receipt requested, and that the same was received by Defendant AEGIS MORTGAGE CORPORATION on January 27, 2003, as evidenced by the retum receipt card attached hereto bearing Certified No. 7099 3400 0018 5044 8769. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: April 4, 2003 Wayne F~Shade · Complete items 1, 2, and 3. AJso compile item 4 if Restricted Detive~y is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. ~icle ~dressed to: AEGIS Mortgage Corporation 3910 Kirby Drive, Suite300 Houston, TX 77098 [ B. ~ by (~l~ted Name) C. Te of De~tvery If YES, enter delivery address below: [] No 3. Servlc, e Type ~l'~ Mail [] Expr~,~s Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from service label) PS Form 381 ~, Augu,t 2001 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 TODD T. NEALY, Plaintiff AEGIS MORTGAGE CORPORATION, trading and doing business as NEW AMERICA FINANCIAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-329 CIVIL TERM ACTION TO QUIET TITLE ORDER OF COURT AND NOW, this ~P* day of ~a,,' ! 2003, upon ! ' consideration of the within Petition and upon Motion of Wayne F. Shade, Esquire, it is hereby ordered and decreed that, if Defendant fails to file a verified Answer to the Complaint herein within thirty days of the date of service of this Order, the Prothonotary shall enter judgment upon Praecipe of Plaintiff under the provisions of Pa.R.Civ. P. 1061 and 1066, as follows: 1. Defendant shall be deemed to admit the invalidity of the mortgage from Plaintiff to Defendant dated July 3,2001, and recorded in Cumberland County Mortgage Book 1726, Page 3777, in the principal sum of $122,500; 2. Defendant shall be forever barred from asserting any right, lien, title or interest in the land under the aforesaid mortgage; 3. The judgment shall constitute a final judgment that said mortgage is invalid; TODD T. NEALY, Plaintiff Vo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AEGIS MORTGAGE · CORPORATION, . trading and doing business as · NEW AMERICA FINANCIAL, · Defendant · NO. 03-329 CIVIL TERM ACTION TO QUIET TITLE PETITION TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Plaintiff TODD T. NEALY, by and through his attorney, Wayne F. Shade, Esquire, respectfully represents, as follows: WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Petitioner WAYNE F. SHADE, ESQUIRE, is an adult individual and counsel of record for Plaintiff TODD T. NEALY, an adult individual who resides at 18 Chestnut Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Defendant AEGIS MORTGAGE CORPORATION, trading and doing business as NEWt AMERICA FINANCIAL, a corporation organized and existing under the laws of the State of Oklahoma with offices at 3910 Kirby Drive, Suite 300, Houston, Texas 77098. WAYNE F. SHADE Attorney at Law 53 West Pornfret Carlisle, Pennsylvania 17013 On or about July 3,2001, Plaintiff refinanced with Defendant the residential real in which he then resided and continues to reside at Loan No. 3127835 in the amount of $122,500. Defendant, its agents, servants, employees and independent contractors knew that said refinance transaction was subject to the three day right of rescission provisions of federal law. Notwithstanding the applicability of the three day right of rescission under federal law, Defendant, its agents, servants, employees or independent contractors caused the mortgage to be recorded prior to expiration of the three day right of rescission period. 6. Said mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1726, Page 3777, on the date of closing on the refinance transaction. Plaintiff did lawfully rescind the refinance transaction within the three days that he had a right to do so. -2- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 After Plaintiff's rescission of the said refinance transaction, Plaintiff made written demand upon Defendant on September 14, 2001, that Defendant see to the immediate satisfaction of the mortgage at Mortgage Book 1726, Page 3777. 9. When Defendant failed to satisfy of record said mortgage by November 7, 2001, Plaintiff made a second written demand upon Defendant for satisfaction of said mortgage. 10. When said mortgage was not satisfied of record by January 11, 2002, Plaintiff made a third written demand upon Defendant for satisfaction of said mortgage which written demand covered a check payable to the Recorder of Deeds of Cumberland County, Pennsylvania, in the amount of $14 for the satisfaction fee. 11. When Defendant had not satisfied the mortgage of record by nearly a year later on January 3, 2003, Plaintiff filed his Complaint containing a notice to defend in this action to quiet title against Defendant. 12. Said Complaint was served upon Defendant at its address in the State of Texas by certified United States mail, postage prepaid, return receipt requested, on January 27, 2003. -3- 13. On February 19, 2003, Plaintiff served his Notice of Intention to Enter Default Judgment against Defendant. 14. Since the service of the Complaint and the Notice of Intention to Enter Default Judgment, the Defendant has not entered an appearance or otherwise responded in any respect to the allegations of the Complaint. WHEREFORE, Plaintiff requests that your Honorable Court issue the foregoing Order. ayne 1~. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Petitioner and attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- Wayne F. Shade, Esquire, states that he is the attorney for Plaintiff herein; that he makes this verification based upon facts which are within his personal knowledge, and that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: April 4, 2003 WAYNE F. SHADE Attorney at Law 53 West Pomfre Carlisle, Pennsylvania 17013 WAYNE F. SHADE Attorney at Law 53 West Pomfret Stxeet Carlisle, Pennsylvania 17013 TODD T. NEALY, Plaintiff Vo AEGIS MORTGAGE CORPORATION, trading and doing business as NEW AMERICA FINANCIAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-329 CIVIL TERM ACTION TO QUIET TITLE AFFIDAVIT OF SERVICE WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff TODD T. NEALY in the above-captioned matter, that he did, on April 11, 2003, serve the Petition of April 4, 2003, herein and the Order of April 8, 2003, issued pursuant thereto upon Defendant AEGIS MORTGAGE CORPORATION by first class United States mail, postage prepaid, and that the same was not returned to sender. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: May 21, 2003 Wayne F (~;hade WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 TODD T. NEALY, Plaintiff AEGIS MORTGAGE CORPORATION, trading and doing business as NEW AMERICA FINANCIAL, Defendant TO: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-329 CIVIL TERM ACTION TO QUIET TITLE PRAECIPE FOR FINAL JUDGMENT Curtis R. Long, Prothonotary Please enter judgment in favor of Plaintiff and against Defendant as follows for failure of Defendant to file an Answer to the Complaint within thirty days of service of the Order of April 8, 2003: 1. Defendant shall be deemed to admit the invalidity of the mortgage from Plaintiff to Defendant dated July 3,2001, and recorded in Cumberland County Mortgage Book 1726, Page 3777, in the principal sum of $122,500; 2. Defendant shall be forever barred from asserting any right, lien, title or interest in the land under the aforesaid mortgage; 3. This judgment shall constitute a final judgment that said mortgage is invalid; 4. The Recorder of Deeds of Cumberland County is hereby ordered to satisfy said mortgage of record and to execute any document necessary to make the judgment effective; and Date: 5. Costs shall be awarded in favor of Plaintiff and against Defendant. May 21, 2003 ayne,f. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attomey for Plaintiff May 21, 2003, Final Judgnent is hereby entered in favor of the Plaintiff and against the Defendants pursuant to PA. R.C.P. Rule No. 1066 and Local Rule 1066.4. curtis ~.'~. Long, ~honotary WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 7c% `-~ t'a h ^ ~.} ~..T ~ .3= Tl r a,1 ~ "'J ..~ ~,_t ~ ~ ~ ._ i ~ ~ ~ i ' "L' ~ i, ~O ~ rte--' (~: m '~. ~ ~ 1-' c~= ':~ '-~. C ~ -n G ~ { ~7 ~,~ ~ Q ~~ ~ G~ T~' ~. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 TODD T. NEALY, Plaintiff Vo AEGIS MORTGAGE CORPORATION, trading and doing business as NEW AMERICA FINANCIAL, Defendant IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-329 CIVIL TERM ACTION TO QUIET TITLE ORDER OF COURT AND NOW, this ~ ~ day of ~ ,2003, upon consideration of the within Petition and upon Motion of Wayne F. Shade, Esquire, it is hereby ordered and decreed that, if Defendant fails to file a verified Answer to the Complaint herein within thirty days of the date of service of this Order, the Prothonotary shall enter judgment upon Praecipe of Plaintiff under the provisions of Pa.R. Civ. P. 1061 and 1066, as follows: 1. Defendant shall be deemed to admit the invalidity of the mortgage from Plaintiff to Defendant dated July 3,2001, and recorded in Cumberland County Mortgage Book 1726, Page 3777, in the principal sum of $122,500; 2. Defendant shall be forever barred from asserting any right, lien, title or interest in the land under the aforesaid mortgage; 3. The judgment shall constitute a final judgment that said mortgage is invalid; 4. The Recorder of Deeds of Cumberland County shall be ordered to satisfy said mortgage of record and to execute any document necessary to make the judgment effective; and 5. Costs shall be awarded in favor of Plaintiff and against Defendant. By the Court, Wayne F. Shade, Esquire Attorney for Plaintiff AEGIS Mortgage Corporation 3910 Kirby Drive, Suite 300 Houston, Texas 77098 W^Y~E F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013