HomeMy WebLinkAbout14-5729 Supreme Court of Pennsylvania
' Cour Joh Comlrioi Pleas
For Prothonotary Use Only:
VWCeet t.
CU $ERTIA�ND `' County Docket No:
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The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace thefiling and service ofpleadings or other a ers as required by law or rules of court.
S Commencement of Action:
O Complaint ❑ Writ of Summons ❑Petition
E ❑Transfer from Another Jurisdiction ❑Declaration of Taking
C Lead Plaintiff's Name: BAYVIEW LOAN SERVICING Lead Defendant's Name: DONALD L.BURR
T LLC
I Are money damages requested? El Yes 9 No Dollar Amount Requested: Elwithin arbitration limits
U (Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑Yes N No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of Plaintiff/Appellant's Attorney: Kenya Bates,Esq.Id No.203664,Phelan Hallinan,LLP
❑ Check here if you have no attorney(are a Self-Represented [Pro Se) Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE.If you are making more than one type of claim, check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
❑ Intentional ❑Buyer Plaintiff Administrative Agencies
❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment
❑Motor Vehicle ❑Debt Collection:Other ❑Board of Elections
❑Nuisance ❑Dept.of Transportation
❑Premises Liability ❑ Statutory Appeal: Other
❑Product Liability(does not
S include mass tort) ❑Employment Dispute:
❑ Slander/Libel/Defamation Discrimination
E ❑Other: ❑Employment Dispute: Other ❑Zoning Board
C ❑Other:
T
I MASS TORT ❑Other:
U ❑Asbestos
N ❑Tobacco
❑Toxic Tort-DES
❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration
$ ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment
❑Ground Rent ❑Mandamus
❑Landlord/Tenant Dispute ❑Non-Domestic Relations
®Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY ❑Mortgage Foreclosure: Commercial ❑Quo Warranto
❑Dental ❑Partition ❑Replevin
❑Legal ❑Quiet Title ❑Other:
❑Medical ❑Other:
❑Other Professional:
Pa.R.C.P. 205.5 Updated 01/01/2011
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PHELAN HALLINAN,LLP
Kenya Bates,Esq. Id No.203664
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia,PA 19103
Kenya.Bates @phelanhallinan.com
215-563-7000
BAYVIEW LOAN SERVICING LLC
4425 PONCE DE LEON BLVD., 5TH FLOOR MAIL COURT OF COMMON PLEAS
ROOM
CORAL GABLES, FL 33146 CIVIL DIVISION
Plaintiff TERM
NO. 1
DONALD L. BURD
490 CRISWELL DRIVE CUMBERLAND COUNTY
BOILING SPRGS,PA 17007-9606
GREGORY L. BURD
19 BRIDGEWATER ROAD
NEWVILLE,PA 17241-9675
Defendants
CIVIL ACTION-LAW
COMPLAINT IN MORTGAGE FORECLOSURE
a
File#: 928577 �j + LI �q �J
1. Plaintiff is
BAYVIEW LOAN SERVICING LLC
4425 PONCE DE LEON BLVD., 5TH FLOOR MAIL ROOM
CORAL GABLES, FL 33146
2. The name(s) and last known address(es) of the Defendant(s) are:
DONALD L. BURD
490 CRISWELL DRIVE
BOILING SPRGS,PA 17007-9606
GREGORY L. BURD
19 BRIDGEWATER ROAD
NEWVILLE, PA 17241-9675
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 07/25/2003 DONALD L. SURD and FRANCES M. BURD made, executed and
delivered a mortgage upon the premises hereinafter described to CHASE MANHATTAN
MORTGAGE CORPORATION , which mortgage is recorded in the Office of the
Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1827, Page 1986. By
Assignment of Mortgage recorded 03/10/2014 the mortgage was assigned to PLAINTIFF,
which Assignment is recorded in Assignment of Mortgage Instrument No.
201404849.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#: 928577
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 05/01/2013 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.
6. The following amounts are due on the mortgage as of 09/12/2014:
Principal Balance $49,198.94
Interest $3,737.09
04/01/2013 through 09/12/2014
Late Charges $133.60
Property Inspections $84.00
Property Preservation $1,395.00
Escrow Deficit $3,168.87
TOTAL $57,717.50
7. 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.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983,as amended in
2008, 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
File#: 928577
the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied
assistance by the Pennsylvania Housing Finance Agency.
9. The mortgage premises are vacant and abandoned.
10. Mortgage FRANCES M. BURR died on or about 07/14/2009.
11. Plaintiff hereby releases FRANCES M. BURD, from liability for the debt secured by the
mortgage.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$57,717.50,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, LLP
By: 'i�� zaz�::
eny ates, Esq. Id No. 203664
Attorney for Plaintiff
File#: 928577
LEGAL DESCRIPTION
ALL that certain tract of land situate in North Newton Township, Cumberland County,
Pennsylvania, as shown on the "Preliminary Final Subdivision-Charles L. & Ronald L. Lehman"
as recorded in Cumberland County Plan Book 44, Page 79 and being more particularly bounded
and described as follows:
BEGINNING at an existing iron pin in line of lands now or late formerly of Jay Miller; thence
along line of lands now or formerly of Jay Miller,North sixty-eight(68) degrees thirty-five (35)
minutes fifty (50) seconds East, two hundred and zero hundredths (200.00) feet to an iron pin at
common boundary line of Lots 4 and 3; thence along common boundary line of Lots 4 and 3,
South fifty-six (56) degrees twenty-seven(27)minutes ten(10) seconds East, one hundred
eighty-one and forty hundredths (181.40) feet to an iron pin; thence along common boundary line
of Lots 4 and 3 along a fifty (50) foot right-of-way and along common boundary line of Lots B
and A on the aforesaid plan, South thirty-nine (39) degrees fifty-five (55)minutes West, a
combined distance of three hundred ninety-four and fifteen hundredths (394.15) feet to an iron
pin in line of lands now or formerly of Leo Cramer; thence along line of lands now or formerly of
Leo Cramer,North twenty-three (23) degrees fourteen(14)minutes West,three hundred and zero
hundredths (300.00) feet to an existing iron pin; thence North thirty-two (32) degrees nine (09)
minutes East, sixty-three and sixty-five hundredths (63.65) feet to an existing iron pin; the place
of BEGINNING. CONTAINING a combined acreage of 1.772 acres.
BEING Lot Number 4 and Lot B of the aforementioned subdivision.
UNDER AND SUBJECT to building setback lines as shown on the aforesaid plan.
File#: 928577
UNDER AND SUBJECT, ALSO,to the further restriction that this parcel cannot be subdivided.
UNDER AND SUBJECT to obligation of proportionate cost of maintenance of the aforesaid
right-of-way in conjunction with other users.
PROPERTY ADDRESS: 19 BRIDGEWATER ROAD,NEWVILLE,PA 17241-9675
PARCEL #30-08-0595-028D
File#: 928577
VERIFICATION
Edilia Perez , hereby states that he/she is C6L b60-6QPtL4f BAYVIEW
LOAN SERVICING,LLC, Plaintiff in this matter, that he/she is 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/her 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:
e: Adilia Perez
Title: �'' L
BAYVIEW LOAN SERVICING,LLC
File#: 928577
Name: BURD
File#: 928577
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 rigits
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#: 928577
FORM 1
IN THE COURT OF COMMON PLEAS
BAYVIEW LOAN SERVICING LLC OF CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff(s)
vs.
DONALD L.BURD
GREGORY L.BURR v �
Defendants) I � �Civit
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
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 be a>be 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)2439400
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 canbe 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 Cout 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 arrangenents 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 woksheet 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 onference 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.
Respectfully submitted:
7u
Date Kenya Bates,Esq.Id No. r o --�
203664 ' o
Attorney for Plaintiff C) c
x;.C=- e5 c3 t
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Date Financial Worksheet
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:
CUSTOM ER/PRI MARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address(if different):
City: State: Zip:
Phone Numbers: Home: Office:
Email:
Cell: Other:
#of people in household: How long?
CO-BORROWFR
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
FINANCIAL INFORMATION
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: $ 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: $ i-
-Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile#1: Model: Year:
Amount owed: Value:
Automobile#2: Model: Year:
Amount owed: Value:
Other transportation(automobiles boats motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
I• Monthly Gross Monthly Net
2. Monthly Gross Monthly Net-
3. Monthly Gross Monthly Net
Additional Income Description(not wages):
I• monthly amount:
2• monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
KPayment
AMOUNT EXPENSE AMOUNT
Food
Utilities
s Condo/Nei h. Fees
Auto Insurance Med. not covered
Auto fuel/repairs Otherprop..- a ment
Install. Loan Payment Cable TV
Child Su ort/Alim. S endin Mone
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 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): Phone:
Servicing Company(Name):
Contact: Phone:
AUTHORIZATION
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)
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
LEJ-OFFICE
rUE
'FHE PROTHONOTARY
2614 OCT 24 Pil 3: 35 -
CUMBERLAND COUNTY
TE.:„x:I„irr PENNSYLVANIA
coo, of emu
Bayview Loan Servicing, LLC
vs.
Donald L Burd (et al.)
Case Number
2014-5729
SHERIFF'S RETURN OF SERVICE
10/13/2014 05:50 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Gregory Burd, but was unable to locate the Defendant
in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage
Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found” at 19
Bridgewater Road, North Newton, Newville, PA 17241. Residence is vacant.
10/17/2014 08:37 PM - Deputy Shawn Harrison, being duly sworn according to law, served the req - ed Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in M. • = • - For cl. ure by
"personally" handing a true copy to a person representing themselves to nt, to wit:
Gregory Burd at 490 Criswell Drive, Boiling Springs, PA 17007.
S WN HARRISON, DEP Y
10/22/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Donald L Burd, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 19 Bridgewater Road,
North Newton, Newville, PA 17241. Residence is vacant.
10/22/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Donald L Burd, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 490 Criswell Drive, Monroe
Township, Boiling Springs, PA 17007. Deputies were advised by Gregory Burd that the defendant is
deceased.
SHERIFF COST: $74.34
October 22, 2014
(c) CountySui_e Sheriff, Ts eosoft, Inc.
SO ANSWERS,
RON�R ANDERSON, SHERIFF
BAYVIEW LOAN SERVICING LLC
4425 PONCE DE LOAN BLVD.
5TH FLOOR MAIL ROOM
CORAL GABLES, FL 33146,
Plaintiff
vs.
DONALD L. BURD
490 CRISWELL DRIVE
BOILING SPRINGS, PA 17007-9606
GREGORY L. BURD
19 BRIDGEWATER ROAD
NEWVILLE, PA 17241-9675
: IN THE COURT OF COMMOM PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
•
: CIVIL DIVISION
: NO. 14-5729 CIVIL
PRELIMINARY OBJECTIONS OF DEFENDANT,
GREGORY L. BURD
—1a
C.A.)
AND, NOW, comes Defendant, Gregory L. Burd, by and through his counsel, Bradley L.
Griffie, Esquire, and the law firm of Griffie & Associates, P.C. and files the following
Preliminary Objections to the Complaint filed in this matter:
1. Plaintiff filed a Complaint in Mortgage Foreclosure on or about September 30,
2014, to the above docketed action.
2. Plaintiff alleges the action to be based upon a mortgage executed on July 25,
2003, by Donald L. Burd and Frances M. Burd.
3. Other than naming the Defendant, Gregory L. Burd, as a Defendant in paragraph
number two of the Complaint, Plaintiff fails to set forth any factual allegations
making any connections whatsoever between Gregory L. Burd, and the mortgage
at issue, the mortgage foreclosure proceedings, or the factual or legal basis for the
action.
4. The address identified as Defendant's, Gregory L. Burd's address, which appears
to be the mortgaged property, is not now, and never has been, the address of
Defendant, Gregory L. Burd.
5. Plaintiffs Complaint fails to conform to law or rule of court by failing to identify
any legal or factual basis whatsoever for the inclusion of Gregory L. Burd, as a
Defendant in this matter.
6. The Complaint is legally insufficient in failing to properly identify Defendant,
Gregory L Burd, and failing to provide a legal or factual basis to include Gregory
L. Burd, in any capacity whatsoever, as a Defendant in the Complaint in
Mortgage Foreclosure.
WHEREFORE, Defendant, Gregory L. Burd, requests your Honorable Court to dismiss
Plaintiff's Complaint, or enter a demurrer with respect to Defendant, Gregory L. Burd.
Respectfully Submitted,
. Griffie, Esquire
Attorney for Defendant
Supreme Court ID No. 34349
GRIFFIE & ASSOCIATES, P.C.
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
BAYVIEW LOAN SERVICING LLC
4425 PONCE DE LOAN BLVD.
5TH FLOOR MAIL ROOM
CORAL GABLES, FL 33146,
Plaintiff
vs.
DONALD L. BURD
490 CRISWELL DRIVE
BOILING SPRINGS, PA 17007-9606
GREGORY L. BURD
19 BRIDGEWATER ROAD
NEWVILLE, PA 17241-9675
: IN THE COURT OF COMMOM PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
CIVIL DIVISION
: NO. 14-5729 CIVIL
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the f 3 day of November,
2014, cause a copy of Preliminary Objections of Defendant to be served upon the attorney
identified on the front of the Complaint, Kenya Bates, Esquire, by first-class mail, postage
prepaid at the following address:
DATE: 1 I 13 1 `1
Kenya Bates, Esquire
Phelan, Hallinan LLP
1617 JFK Blvd., Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
squire
ney for D, endant
GRIFFIE : ASSOCIATES, P.C.
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552