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HomeMy WebLinkAbout04-5755FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.Oq - 57s5 (3 ui. GWEN M. LUKENS A/K/A GWEN M ROTHROCK JASON E. LUKENS 5340 OXFORD CIRCLE, APT 44 MECHANICSBRUG, PA 17055 Defendants 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 #: 101806 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 #: 101806 I . Plaintiff is CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: GWEN M. LUKENS A/K/A GWEN M ROTHROCK JASON E. LUKENS 5340 OXFORD CIRCLE, APT 44 MECHANICSBRUG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/30/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE WASHINGTON SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1741, Page: 1194. By Assignment of Mortgage recorded 10/4/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 690, Page 3606. 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 06/01/2004 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 #F: 101806 6. The following amounts are due on the mortgage: Principal Balance $110,657.21 Interest 3,910.35 05/01/2004 through 11/15/2004 (Per Diem $19.65) Attorney's Fees 1,250.00 Cumulative Late Charges 183.25 11/30/2001 to 11/15/2004 Cost of Suit and Title Search $ 550.00 Subtotal $ 116,550.81 Escrow Credit 0.00 Deficit 627.18 Subtotal $ 627.18 TOTAL $ 117,177.99 7. 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 117,177.99, together with interest from 11/15/2004 at the rate of $19.65 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. FEDE AN PHELL cis S . Hallinan By: G s/Fr/ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 101806 ALL THAT CERTAIN tract of land with the improvements thereon erected, situate at the intersection of the Southwest side of South 39th Strect and the Northwest side of Green Circle, Hampden Township, Cumberland Couray, Poring1vania, and being known as Lot No. t3, Block K, on a plan of lots of Hampden Gardens, Plan No. 2, recorded in Plan Book 4, page 71, Cumberland County Records, and being more fully bounded and described according; to a plan of survey by Gerrit J. Betz & Associates, Engineers and Surveyors, dated October 27, 1976, and beating; drawing, No. 76529, as follows, to wit: BEGINNING at a hub located at the intersection of the Southwestern Side of South 39th Street (60.00 feet wide) and the Northwestern side of Great Circlc (40.00 feet wide); thence extending from said beginning point and along said Green Circle, South 62 degrees 51 minutes West, 120.00 feet to a hub located at land now or formerly of George F_ Brightbill (Lot No. 12 of the above mentioned plan); thence extending along same, North 27 degnxs 09 minutes West, 60.00 feet to a hub located at land now or formerly of Samuel Francis Chiodo (Lot No. 14 of the above mentioned plan); thence along same, North 62 degrccs 51 minutes East, 120.00 feet to a hub located on the Southwestern side of South 39th Strcct, aforementioned; thence extending along same, South 27 degrees 09 minutes Past, 60.00 feet to a hub, the first mentioned hub and place of BEGINNING. PROPERTY BEIGN: 50 SOUTH 39TH STREET VERIFICATION JOE KOONCE hereby states that he/she is ASSISTANT SKMARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/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 his/her knowledge, 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: JOE KOONCE ASSISTANT SIMAAY 1 ? ?'?l ?.J ?j I? #' '?F f. s.;? ? b ? `?? w ? ?,?; w? ' r? ?? •? _? ? C+.1 ?"' ?' -?? ?; -? ?'7?"1 :'j ?.J "_ i ?,.E. 1 _.y ;} r '. 11 ?i ?i PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., ID. NO. 32227 FRANCIS S. HALLINAN, ESQ., ID. NO. 62695 DANIEL G. SCHMIEG, ESQ., ID. NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 151 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County vs. GWEN M. LUKENS JASON E. LUKENS No. 04-5755 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HAL AI\f & SC.?HMIEG, LLP By / YZANCIS ALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: January 31, 2005 /jrh, Svc Dept. File# 101806 .,? ;; ° _,_ ; __. ,;;. ,,, ?:-, _ CASE NO: 2004-05755 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS LUKENS GWEN M ET AL KENNEETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE LUKENS GWEN M AKA GWEN M ROTHROCK was served upon the DEFENDANT , at 1850:00 HOURS, on the 24th day of November-, 2004 at 5340 OXFORD CIRCLE MECHANICSBURG, PA 17055 GWEN LUKENS APT 44 by handing to 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: Docketing 18.00 Service 8.88 Affidavit .00 Surcharge 10.00 -)U . U U Sworn and Subscribed to before me this day of L ;ZUZ?S? A.D. So Answer R. Thomas Kline 11/29/2004 FEDERMAN & PHELAN By: A-,Z ep t She iff rothdnotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-05755 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS LUKENS GWEN M ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUKENS GWEN M AKA GWEN M ROTHROCK the DEFENDANT , at 1850:00 HOURS, on the 24th day of November-, 2004 at 50 SOUTH 39TH STREET CAMP HILL, PA 17011 GWEN LUKENS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT WAS SERVED AT 5340 OXFORD CIRCLE APT 44 MECHANICSBURG, PA 17055 Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 11.10 .00 10.00 R. Thomas Kline nn G / . 1 V Sworn and Subscribed to before me this 7 day of -2 ",S,S A.D. C?a --L Pr thonotary 11/29/2004 FEDERMAN & PHELAN By: e u y eriff . SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05755 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS LUKENS GWEN M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LUKENS JASON E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 5340 OXFORD CIRCLE APT 44 LUKENS JASON E NOT FOUND , as to MECHANICSBURG, PA 17055 DEFENDANT IS BELIEVED TO BE LIVING ON NOTCH ROAD IN DUNCANNON WITH RUSSELL CLOUSER. Sheriff's Costs: So answer- _ -? Docketing 6.00 Service .00' Not Found 5.00 R. Thoma -K-rine Surcharge 10.00 Sheriff of Cumberland County 21.00 FEDERMAN & PHELAN 11/29/2004 Sworn and subscribed to before me this 7 day of/ A.D. ??, LL'. ?' P t onotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05755 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS LUKENS GWEN M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LUKENS JASON E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , LUKENS JASON E 50 SOUTH 39TH STREET , NOT FOUND , as to CAMP HILL, PA 17011 DEFENDANT IS BELIEVED TO BE LIVING ON NOTCH ROAD IN DUNCANNON WITH RUSSELL CLOUSER. __...- Sheriff's Costs: So answers: Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 FEDERMAN & PHELAN 11/29/2004 Sworn and subscribed to before me this ,-r- day of A. D. a. Prot o otary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05755 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS LUKENS GWEN M ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who Ibeing duly sworn according to law, says, that he made a diligent seach and and inquiry for the within named DEFENDANT , to w I LUKENS JASON E but was unable to locate Him in his bailiwick. He theref deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On March 3rd , 2005 , this office was in receipt o attached return from PERRY Sheriff's Costs: So answers; Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kli e Dep Perry Co 100.00 Sheriff of Cumberland County .00 137.00 03/03/2005 PHELAN HALLINAN SCHMIEG Sworn and subscribed to before me this day of A.D. Prothonotarl In The Court of Common Pleas of Cumberland County, Penr Chase Manhattan Mortgage Corporation N TS. Gwen M. Lukens et al 04-5755 civil SERVE: Jason E. Lukens No. Now February 8, 2005 hereby deputize the Sheriff of Perry County to execute this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within March 1 , 20 05, at 8:53 o'clock P M. Complaint in Mortgage Foreclosure upon Jason E. Lukens at RD4 Box 4426(Circle Rd) Duncannon, PA 17020 by handing to I, SHERIFF OF CUMBERLAND COUNTY, a True & Attested copy of the original comp, Mtg I and made known to Him the contents So answers, Aaron D. Richards do this the Deputy Sheriff of Perry I County, PA Sworn and subscribed before me this, +l day of M a ,- /1 , 20 D NOTARIALSEAI ?IARGARET E FUCIONGER, NOTARY PUBLIC SLOOMFIELD BORO., PERRY COUNTY w cOMMISS1oN EXPIRES .?008,--, Jason E. Lukens. Defendant COSTS SERVICE _ MILEAGE _ AFFIDAVIT 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 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs GWEN M. LUKENS JASON E. LUKENS Defendant TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas : I Civil Division CUMBERLANDCounty No. 04-5755 PHS# 101806 PRAECIPE 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 rancis HAttorney for Plaintiff $,a ..J ?? ?? ?? ?., " =,. ,, ? t"t' -^ 4 ? ?. s tom is C ? . ?. fir, °'? t a"7 • --,t °w : «? \ 1 Curtis R. Long Prothonotary office of the i9rotbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor -OL! -~ ,57S S _ 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 n„a rmirthnnse Snuare • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-A571 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 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff VS. GWEN M. LUKENS A/K/A GWEN M. ROTHROCK JASON E. LUKENS 5340 OXFORD CIRCLE, APT. 44 MECHANICSBURG, PA 17055 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 2004-05755 NOTICE OF PRESENTATION You are hereby notified that the attorney for the Plaintiff intends to file the enclosed Motion to Reinstate Case and brief in support thereof, with the Prothonotary of Cumberland County, and thereafter forwarded to the appropriate Judge for consideration. Respectfully submitted, Date: 10 0 PHELAN HALLINAN & SCHMIEG, LLP By: Jenne . Davey, Esquire Attorney for Plaintiff 101806 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 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff vs. GWEN M. LUKENS A/K/A GWEN M. ROTHROCK JASON E. LUKENS 5340 OXFORD CIRCLE, APT. 44 MECHANICSBURG, PA 17055 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 2004-05755 PLAINTIFF'S MOTION TO REINSTATE CASE COMES NOW Chase Manhattan Mortgage Corporation (hereinafter "Plaintiff'), by and through its attorneys, Phelan Hallinan & Schmieg, LLP, and files this 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 November 16, 2004. 101806 2. On or about March 22, 2005, Plaintiff closed its foreclosure file due to the fact that the Defendants entered into a loan modification agreement with the Plaintiff. 3. On October 30, 2008, Plaintiff filed a Praecipe to mark the case discontinued and ended without prejudice. 4. Sometime thereafter, 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. Plaintiff s counsel, upon learning that the case was terminated, has promptly filed this Petition. 7. Plaintiff filed a Praecipe to Discontinue and End without Prejudice, which was docketed by the court 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 for the limited purpose of marking the case discontinued and ended without prejudice. 9. 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 101806 again default on the mortgage loan, Plaintiff will be unable to foreclose to recoup its unjust losses. 10. In accordance with Cumberland County Local Rule 208.3(a)(9), Plaintiff sent a copy of its proposed Motion to Reinstate Case to Defendants on April 20, 2009 via overnight mail and requested concurrence. To date, Plaintiff has received no response from Defendant. A true and correct copy of Plaintiff's April 20, 2009 letter and FedEx mailing receipt is attached hereto, made part hereof, and marked as Exhibit "A". 11. In accordance with Cumberland County Local Rule 208.3(a)(2), Plaintiff acknowledges that on October 29, 2008, Curtis R. Long, Prothonotary of Cumberland County, entered an Order of Termination of Court Cases in the above referenced action. Upon information and belief, it is hereby believed and hereby averred that the Court has not ruled upon any other issue in the same or related matter. 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, PH LAN HALLINAN & SCHMIEG, LLP A?-?b? - Date: By: Je R. Davey, Esquire Attorney for Plaintiff 101806 Exhibit "A" P N E L A N 1617 JFK Boulevard N A L L I N A N Suite 1400 2W S C H M I E ?j Philadelphia, PA 19103-1814 215-563-7000, ext. 1388 Fax: 215-563-7009 Email: michael.pellegrino@fedphe.com Michael Pellegrino Foreclosure Department Representing Lenders in Pennsylvania & New Jersey* April 20, 2009 VIA OVERNIGHT MAIL GWEN M. LUKENS A/K/A GWEN M. ROTHROCK JASON E. LUKENS 5340 OXFORD CIRCLE, Apt. 44 MECHANICSBURG, PA 17055 Re: Chase Manhattan Mortgage Corporation vs. Gwen M. Lukens a&la Gwen M. Rothrock, and Jason E. Lukens Cumberland County, CCP, and No.: 2004-05755 Dear Sir or Madam, Please be advised that Plaintiff, Chase Manhattan Mortgage Corporation, intends to file the enclosed Motion to Reinstate Case. Please advise if you concur or if you are opposed to the filing of this Motion within seven (7) days of the date of this letter. If I do not receive a response from you within the seven (7) days, the enclosed Motion will be filed with the Prothonotary of Cumberland County. R. Davey, Esquire Enclosures cc: Prothonotary of Cumberland County *This firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. 101806 Page 1 of 1 Detailed Results Enter tracking number Detailed Results ii Notifications Tracking no.: 986032688261 @ E-n Delivered Initiated Picked up In transit Delivered Delivered Signed for by: Signature release on file Shipment Dates Destination Ship date 02 Apr 20, 2009 PA Delivery date (?) Apr 21, 2009 12:17 PM Shipment Facts Service type Standard Overnight Delivered to Residence Weight 1.0 Ibs/0.5 kg Reference - Shipment Travel History Select time zone: Select Select time fora All shipment travel activity is displayed in local time for the location Date/Time Activity Location Details Apr 21, 2009 12:17 PM Delivered Mechanicsburg, PA Left at front door delivered to reci release authoriz Apr 21, 2009 7:43 AM On FedEx vehicle for delivery MIDDLETOWN, PA Apr 21, 2009 7:14 AM At local FedEx facility MIDDLETOWN, PA Apr 21, 2009 3:46 AM Departed FedEx location NEWARK, NJ Apr 20, 2009 9:38 PM Left FedEx origin facility PHILADELPHIA, PA Apr 20, 2009 6:33 PM Picked up PHILADELPHIA, PA Apr 20, 2009 4:32 PM Shipment information sent to FedEx http://www.fedex.comITracking/Detail?Rc_starturl=&totalPieceNum=&backTo=&templ... 4/27/2009 P RP H E L A N 1617 JFK Boulevard April 20, 2009 HALLINAN Suite 1400 Philadelphia, PA 19103- ??5 H M I E 1814 215-563-7000, ext. 1388 Fax: 215-563-7009 Email: michael.pellegrino@fedphe.com Michael Pellegrino Representing Lenders in Foreclosure Department Pennsylvania & New Jersey* VIA OVERNIGHT MAIL GWEN M. LUKENS A/K/A GWEN M. ROTHROCK JASON E. LUKENS 50 SOUTH 39TH STREET CAMP HILL, PA 17011 Re: Chase Manhattan Mortgage Corporation vs. Gwen M. Lukens aWa Gwen M. Rothrock, and Jason E. Lukens Cumberland County, CCP, and No.: 2004-05755 Dear Sir or Madam, Please be advised that Plaintiff, Chase Manhattan Mortgage Corporation, intends to file the enclosed Motion to Reinstate Case. Please advise if you concur or if you are opposed to the filing of this Motion within seven (7) days of the date of this letter. If I do not receive a response from you within the seven (7) days, the enclosed Motion will be filed with the Prothonotary of Cumberland County. Very y yours, Mic Pel lleno For Jenine R. Davey, Esquire Enclosures cc: Prothonotary of Cumberland County *This firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. 101806 Page 1 of 1 Detailed Results Enter tracking number Detailed Results II Notifications Tracking no.: 986032688250 '?.`=J E-n Delivered'-" Initiated Picked up In transit Delivered Delivered Signed for by: Signature release on file Shipment Dates Ship date t5 Apr 20, 2009 Delivery date 0? Apr 21, 2009 11:52 AM Shipment Facts Destination PF p RdfDbtivAe?Lr Service type Standard Overnight Delivered to Residence Weight 1.0 Ibs/0.5 kg Reference - Shipment Travel History Select time zone: Select Select time fora All shipment travel activity is displayed in local time for the location Date/Time Activity Location Details Apr 21, 2009 11:52 AM Delivered Camp Hill, PA Left at front door delivered to reci ,release authoriz Apr 21, 2009 7:53 AM On FedEx vehicle for delivery MIDDLETOWN, PA Apr 21, 2009 7:13 AM At local FedEx facility MIDDLETOWN, PA Apr 21, 2009 3:46 AM Departed FedEx location NEWARK, NJ Apr 20, 2009 9:38 PM Left FedEx origin facility PHILADELPHIA, PA Apr 20, 2009 6:33 PM Picked up PHILADELPHIA, PA Apr 20, 2009 4:32 PM Shipment information sent to FedEx http://www.fedex.comITracking/Detail?ftc_starturl=&totalPieceNum=&backTo=&templ... 4/27/2009 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 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff vs. GWEN M. LUKENS A/K/A GWEN M. ROTHROCK JASON E. LUKENS 5340 OXFORD CIRCLE, APT. 44 MECHANICSBURG, PA 17055 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 2004-05755 PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO REINSTATE CASE 1. Factual Background: Plaintiff filed its Complaint in mortgage foreclosure on November 16, 2004 and thereafter closed its foreclosure file due to the fact that the Defendants entered into a loan modification agreement with the Plaintiff. On October 30, 2008, Plaintiff filed a Praecipe to mark the case discontinued and ended without prejudice; however, Plaintiff learned that the Court issued an Order on October 29, 2008 dismissing the case. Plaintiff has no record of receiving said Order. 101806 II. Leval Analyses: 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. In this case, Plaintiff's counsel, upon learning that the case was terminated, has promptly filed the attached Motion. Plaintiff filed a Praecipe to Discontinue and End without Prejudice, which was docketed by the court one day after the case was terminated. Subsequently, 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. Furthermore, in the event the Defendants again default on the mortgage loan, Plaintiff will be unable to foreclose to recoup its unjust losses. In accordance with Cumberland County Local Rule 208.3(a)(9), Plaintiff sent a copy of its proposed Motion to Reinstate Case to Defendants on April 20, 2009 via overnight mail and requested concurrence. To date, Plaintiff has received no response from Defendants. 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. 101806 Respectfully submitted, Date: V ELAN HALLINAN & SCHMIEG, LLP By: J e R. Davey, Es uire Attorney for Plaintiff 101806 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 unworn falsification to authorities. Respectfully submitted, PHE AN HALLINAN & SCHMIEG, LLP Date: By: Jenne-k. Davey, Esquire Attorney for Plaintiff 101806 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 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff vs. GWEN M. LUKENS A/K/A GWEN M. ROTHROCK JASON E. LUKENS 5340 OXFORD CIRCLE, APT. 44 MECHANICSBURG, PA 17055 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 2004-05755 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Reinstate Case, Brief in Support thereof, proposed Order and Verification was sent to the Defendants via overnight delivery on the date indicated below: GWEN M. LUKENS A/K/A GWEN M. ROTHROCK JASON E. LUKENS 5340 OXFORD CIRCLE, APT. 44 MECHANICSBURG, PA 17055 GWEN M. LUKENS A/K/A GWEN M. ROTHROCK JASON E. LUKENS 50 SOUTH 39TH STREET CAMP HILL, PA 17011 Respectfully submitted, PH N HALLINAN & SCHMIEG, LLP Date: do By; Jeni . Davey, Esquire Attorney for Plaintiff 101806 . ?? F )TAR 2004 APR 28 At 18: 48 r, v r < <<,', 21 APR 2 9 2009Cj b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE COURT OF COMMON PLEAS CORPORATION 3415 VISION DRIVE CIVIL DIVISION COLUMBUS, OH 43219 Plaintiff VS. GWEN M. LUKENS A/K/A GWEN M. ROTHROCK JASON E. LUKENS 5340 OXFORD CIRCLE, APT. 44 MECHANICSBURG, PA 17055 Defendant ORDER AND NOW, this 3 t0% day of Q1 1 CUMBERLAND COUNTY No.: 2004-05755 , 2009, upon consideration of Plaintiff's Motion to Reinstate Case and any response thereto, it is hereby: ORDERED and DECREED that the above referenced case is hereby reopened and reinstated, the Order of Court dated October 29, 2008 is hereby vacated and the case is marked discontinued and ended without prejudice. NINE R. DAVEY, ESQUIRE ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 P 7ELPHIA, PA 19103-1814 GWEN M. LUKENS A/K/A GWEN M. ROTHROCK JASON E. LUKENS 5340 OXFORD CIRCLE, APT. 44 MECHANICSBURG, PA 17055 v v WEN M. LUKENS A/K/A GWEN M. ROTHROCK JASON E. LUKENS 50 SOUTH 39TH STREET CAMP HILL, PA 17011 Itj rnaILL 101806 S t /DQ BY THE COURT: \1 A ? Z Q ? V 'd U???? 60[t4