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HomeMy WebLinkAbout04-2548FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 GE MORTGAGE SERVICES, LLC., F/K/A GE CAPITAL MORTGAGE SERVICES, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.OL( --.ZSSIF' (2ioU ( /E2tti ROXANNE S. BUMBAUGH JEFFREY L. BUMBAUGH 499 NEWVILLE ROAD NEWBURG, PA 17240 Defendant(s) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 90319 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 90319 Plaintiff is GE MORTGAGE SERVICES, LLC., F/K/A GE CAPITAL MORTGAGE SERVICES, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ROXANNE S. BUMBAUGH JEFFREY L. BUMBAUGH 499 NEWVILLE ROAD NEWBURG, PA 17240 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 08/26/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MERIDIAN MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1160, Page 1184. By Assignment of Mortgage recorded 5/5/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 495, Page 685. 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 12/01/2003 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 #: 90319 6. The following amounts are due on the mortgage: Principal Balance $74,994.75 Interest 3,300.57 11/01/2003 through 06/04/2004 (Per Diem $15.21) Attorney's Fees 1,250.00 Cumulative Late Charges 109.56 08/26/1993 to 06/04/2004 Cost of Suit and Title Search $ 550.00 Subtotal $ 80,204.88 Escrow Credit -908.25 Deficit 0.00 Subtotal $- 908.25 TOTAL $ 79,296.63 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff s Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 79,296.63, together with interest from 06/04/2004 at the rate of $15.21 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, L By: /s/Francis ?S Hal; n FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 90319 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Hopewell, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the middle of a private lane and lands now or formerly of Victor Mowery, which point is 518 feet, more or less, from the center of Pennsylvania, Route 641 leading from Newburg to Newville; thence along the middle of the said private lane and lands now or formerly of Dean Cramer, North 38 degrees 30 minutes 50 seconds West 1170.18 feet to an iron pin; thence along the lands now or formerly of Dean Cramer, North 2 degrees 35 minutes 30 seconds West 304.02 feet to an iron pin; thence along the lands now or formerly of Walter W. Scott and Reba C. Scott, his wife, North 74 degrees 46 minutes 20 seconds East 1016.51 feet to an iron pin at the corner of the lands now or formerly of Walter W. Scott and Reba C. Scott, his wife, and Victor Mowery; thence along lands now or formerly of Victor Mowery, South 13 degrees 54 minutes 50 seconds West 735.35 feet to an iron pin; thence along the lands now or formerly of Victor Mowery, South 22 degrees 34 minutes 50 seconds East 535.55 feet to an iron pin; thence along the lands of the same, South 43 degrees 51 minutes 40 seconds West 385.67 feet to the Place of BEGINNING. The said description was made by William A. Brindle Associates, Surveying, dated September 13,1971. BEING the same premises which George W. Scott by his deed dated August 11, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book'M', Volume 33 Page 1043,granted and conveyed unto Roxanne S. Scott and Jeffrey L. Bumbaugh, as tenants in common. AND the said Grantor hereby covenant and agree that they will warrant specially the property hereby conveyed THIS CONVEYANCE is from husband and wife to husband and wife and is therefore exempt from realty transfer tax Being Known As: 499 Newville Road File #: 90319 VERIFICATION Yolanda Williams hereby states that she is VICE PRESIDENT LOAN DOCUMENTATION of WELLS FARGO Bank, N.A. successor by merger to Wells Fargo Home Mortgage Inc.. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of IS Pa. C. S. Sec. 4904 relating falsification to authorities. to worn 6---" Leslie Crenshaw, Vice President Loan Documentation DATE: `C r/ 1/0 y A Gt j D -+ v SHERIFF'S RETURN - REGULAR CASE NO: 2004-02548 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE MORTGAGE SERVICES LLC VS BUMBAUGH ROXANNE S ET AL JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BUMBAUGH JEFFREY L the DEFENDANT , at 1037:00 HOURS, on the loth day of June 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JEFFREY BUMBAUGH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this A. day of A.D. / ILK Prothonotary So Answers: R. Thomas Kline 06/10/2004 FEDERMAN & PHELAN By: D puty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02548 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE MORTGAGE SERVICES LLC VS BUMBAUGH ROXANNE S ET AL CHIEF DEPUTY RONNY ANDERSON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BUMBAUGH ROXANNE S DEFENDANT , at 1510:00 HOURS, on the 7th day of June at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 ROXANNE S BUMBAUGH by handing to the 2004 a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 1 28.00 06/10/2004 FEDERMAN & PHEL Sworn and Subscribed to before By: me this l? ¢ day of y Deputy Sheriff l.Nr? dovy A.D. j/ ?/? ILK )PTo-thonotary PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GE MORTGAGE SERVICES, LLC, Court of Common Pleas F/K/A GE CAPITAL MORTGAGE SERVICES, INC. Civil Division Plaintiff CUMBERLANDCounty vs a5-yf No. 04-5248- ROXANNE S. BUMBAUGH JEFFREY L. BUMBAUGH PHS# 90319 Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: October 29, 2008 J Francis Hallinan Attorney for Plaintiff Co Curtis R. Long Prothonotary office of the Protbonotarp Cunlberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor pt{ - a Icgi; CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573 PHELAN HALLINAN & SCHMIEG, LLP By: Jenine R. Davey, Esquire Identification No. 87077 Attorney for Plaintiff One Penn Center at Suburban Station 1617 J.F.K. Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC. COURT OF COMMON PLEAS 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CIVIL DIVISION Plaintiff V. NO. 04-2548 CIVIL CUMBERLAND COUNTY ROXANNE S. BUMBAUGH JEFFREY L. BUMBAUGH 499 NEWVILLE ROAD NEWBURG, PA 17240 Defendant PLAINTIFF'S MOTION TO REINSTATE CASE COMES NOW Wells Fargo Home Mortgage, Inc. (hereinafter "Plaintiff'), by and through its attorneys, Phelan Hallinan & Schmieg, LLP, and files this its Motion to Reinstate Case for the limited purpose of filing its Praecipe to Discontinue and End, and in support thereof avers as follows: Plaintiff filed its Complaint in mortgage foreclosure on June 7, 2004. 2. On or about December 28, 2005, Plaintiff closed its foreclosure file due to the fact that the Defendants reinstated their mortgage. 3. On or about October 30, 2008, Plaintiff filed a Praecipe to mark the case discontinued and ended without prejudice for filing. 4. On December 15, 2008, Plaintiff learned, through the Court docket, that the Court issued an Order on October 29, 2008 dismissing the case. However, Plaintiff has no record of receiving said Order. 5. Pursuant to Pa.R.C.P. 230.2(d)(3) and (d)(2), if an action has been terminated pursuant to Rule 230.2 for inactivity, an aggrieved party may petition the court to reinstate the action and show (i) that the petition was timely filed following the entry of the order for termination and (ii) there is a reasonable explanation for legitimate failure to file both the statement of intent to proceed and the petition to reinstate the action within thirty (30) days after the entry of the order of termination on the docket. 6. This Petition has been promptly filed by Plaintiff's counsel upon learning that the case was terminated. 7. Plaintiff filed a Praecipe to Discontinue and End without Prejudice one day after the case was terminated. 8. Plaintiff respectfully requests that the Honorable Court vacate its Order of October 29, 2008 and reinstate the instant action. 9. Plaintiff requests that the action be reinstated and that the attached Order be entered marking the case discontinued and ended without prejudice. 10. Plaintiff will be prejudiced should this action not be reopened and the October 29, 2008 Order vacated since the action has been dismissed with prejudice. In the event the Defendants again default on the mortgage loan, Plaintiff will be unable to foreclose to recoup its unjust losses. WHEREFORE, Plaintiff respectfully requests that the Honorable Court vacate its October 29, 2008 Order, reinstate the above referenced matter and enter the attached Order marking the case discontinued and ended without prejudice. Respectfully submitted, P LAN =HALLINAN & SCHMIEG, LLP Date: a By; Je ne R. Davey, quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Jenine R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station 1617 J.F.K. Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. ROXANNE S. BAMBAUGH JEFFREY L. BAMBAUGH 499 NEWVILLE ROAD NEWBURG, PA 17240 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-2548 CIVIL CUMBERLAND COUNTY PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO REINSTATE CASE Plaintiff filed its Complaint in mortgage foreclosure on June 7, 2004. On or about December 28, 2005, Plaintiff closed its foreclosure file due to the fact that the Defendants reinstated their mortgage. On or about October 30, 2008, Plaintiff filed a Praecipe to mark the case discontinued and ended without prejudice for filing. On December 15, 2008, Plaintiff learned, through the Court docket, that the Court issued an Order on October 29, 2008 dismissing the case. However, Plaintiff has no record of receiving said Order. Pursuant to Pa.R.C.P. 230.2(d)(3) and (d)(2), if an action has been terminated pursuant to Rule 230.2 for inactivity, an . aggrieved party may petition the court to reinstate the action and show (i) that the petition was timely filed following the entry of the order for termination and (ii) there is a reasonable explanation for legitimate failure to file both the statement of intent to proceed and the petition to reinstate the action within thirty (30) days after the entry of the order of termination on the docket. This Petition has been promptly filed by Plaintiff's counsel upon learning that the case was terminated. Plaintiff filed a Praecipe to Discontinue and End without Prejudice one day after the case was terminated. Plaintiff respectfully requests that the Honorable Court vacate its Order of October 29, 2008 and reinstate the instant action. Plaintiff requests that the action be reinstated and that the attached Order be entered marking the case discontinued and ended without prejudice. Plaintiff will be prejudiced should this action not be reopened and the October 29, 2008 Order vacated since the action has been dismissed with prejudice. In the event the Defendants again default on the mortgage loan, Plaintiff will be unable to foreclose to recoup its unjust losses. WHEREFORE, Plaintiff respectfully requests that the Honorable Court vacate its October 29, 2008 Order, reinstate the above referenced matter and enter the attached Order marking the case discontinued and ended without prejudice. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: u 3? a By: 14,?" Jenin avey, Esquire/ Attorney for Plaintiff VERIFICATION Jenine R. Davey, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in Plaintiffs Motion to Reinstate Case are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unswom falsification to authorities. Date: \jA 3 (x PHELAN HALLINAN & SCHMIEG, LLP By: Je e R. Davey, Es uire Attorney for Plaintiff '.- ? --_ ? -? ti? 1.? + = r i ?'? '?? M? t.?, .,;,,, : , ?