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Home My WebLink About05-2115PHELAN HALLINAN & SCHMIEG, 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. LAURA M.BAB000K 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 Defendant ATTORNEY FOR COURT OF COMMON PLE CIVIL DIVISION TERM NO. OS - ,?,//S (2t 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 served, by entering a written appearance personally or by attorney and filing in writing with th court your defenses or objections to the claims set forth against you. You are warned that if y( fail to do so the case may proceed without you and a judgment may be entered against you by 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 SERVI( 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 L (?-/ File #? 115531 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 #: 115531 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of action, and nominee for the entity indicated below, which is the owner of the el beneficial interest in the mortgage: CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: LAURA M. BABCOCK 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/03/2003 mortgagor(s) made, executed and delivered a mortgage upon the prer hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1841, Page: 4681. 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 mortgage due 01/01/2005 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 spec by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 115531 6. The following amounts are due on the mortgage: Principal Balance $81,351.11 Interest 1,964.13 12/01/2004 through 04/20/2005 (Per Diem $13.93) Attorney's Fees 1,250.00 Cumulative Late Charges 76.11 10/03/2003 to 04/20/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 85,191.35 Escrow Credit 0.00 Deficit 115.45 Subtotal $ 115.45 TOTAL $ 85,306.80 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. 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. 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 $ 85,306.80, together with interest from 04/20/2005 at the rate of $13.93 per diem to the date 1 Judgment, and other costs and charges collectible under the mortgage and for the foreclosure at sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ?. By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Filek 115531 ALL THAT CERTAIN house and lot situated in the Village of QakvHiel Township of North Newton, County of Cumberland, State of Pennsylvania, be nded and described as follows to wit: BOUNDED on the north by tot now or formerly of John Tritt, on th east by a public allay, on the south by property now or formerly of Lottie Wilson, on west by the Main Street of the Village and being 55 feet In width and 160 feet in pth to the alley. BEING the same property which Joseph V. Hovetter and Catherine his wife, by their Deed dated August 26, 1978, and recorded in Cumber Recorder of Deeds Book °A', Vol. 28. Page 49, granted and conveyed L Heiman and Maude S. Heiman, his wife. The said Maude S. Heiman die 19, 1979, thereby vesting full title ?n Hugh L Heiman. PREMISES BEING: 305 OAKVILLE ROAD. . Hovetter, nd County o Hugh L. December VERIFICATION SUMMER WINEGARDNER hereby states that he/she is ASSISTANT SECRETARY of HOME FINANCE LLC SUCCESSOR BY MERGER WITH CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/ e is authorized to take this Verification, and that the statements made in the foregoing Civil Actio in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and b lief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.. Sec. 4904 relating to unswom falsification to authorities. / i SUMMER WINEGARDNER ASSISTANT SECRETARY DATE: / ?r ?S ? u W ? -L rJ ?'? 'n ` .r ft ra u-, c' ;v .t SHERIFF'S RETURN - REGULAR CASE NO: 2005-02115 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BABCOCK LAURA M DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BABCOCK LAURA M the DEFENDANT , at 2008:00 HOURS, on the 4th day of May , 2005 at 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 by handing to ROXANN JONES, ADULT DAUGHTER 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 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 Sworn and Subscribed to before me this rte' day of So Answers: 7 ? R. Thomas Kline 05/05/2005 PHELAN HALLINAN SCHMIEG Deputy Sheriff U ?1?a,, LvcS A. D. V P othonotary 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs LAURA M. BABCOCK Court of Common Pleas : I Civil Division CUMBERLANDCounty : I No. 05-2115 PHS# Defendant PR A FCIPF 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 Francis Hallinan Attorney for Plaintiff CD ZE-) ; n Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n5 - a„ l lS 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 One Penn Center at Suburban Station 1617 J.F.K. Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE, LLC F/K/A CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. LAURA M. BABCOCK 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2115 CIVIL CUMBERLAND COUNTY PLAINTIFF'S MOTION TO REINSTATE CASE COMES NOW Chase Home Finance, LLC f/k/a Chase Manhattan Mortgage Corporation (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: 1. Plaintiff filed its Complaint in mortgage foreclosure on April 22, 2005. 2. On or about June 6, 2005, Plaintiff closed its foreclosure file due to the fact that the Defendant reinstated her 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 Defendant again defaults 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. Date: 31_ Respectfully submitted, PHELAN HALLINA & SCHMIEG, LLP By: Jen' R. Davey, Esquire 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 CHASE HOME FINANCE, LLC F/K/A CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. LAURA M. BABCOCK 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2115 CIVIL CUMBERLAND COUNTY PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO REINSTATE CASE Plaintiff filed its Complaint in mortgage foreclosure on April 22, 2005. On or about June 6, 2005, Plaintiff closed its foreclosure file due to the fact that the Defendant reinstated her 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 Defendant again defaults 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. Date: Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: la A?-?? Jeni R. Davey, 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 unsworn falsification to authorities. PHELAN HALLMAN & SCHMIEG, LLP Date: By: Jeni R. Davey, Es ire Attorney for Plaintiff i?4 PO? x? :? ?• ?+.. '? t s..ku ? ?? a w ? ? ; ?_. ?? `? - f`'ti:;r 2013 JUL -2 AH 10: 25 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,SuiletitUERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 MORTGAGE ELECTRONIC Court of Common Pleas REGISTRATION SYSTEMS,INC. Plaintiff Civil Division vs CUMBERLAND County LAURA M.BABCOCK No.05-2115-CIVIL TERM Defendant PRAECIPE TO THE PROTHONOTARY: • Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. n Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. I I Please mark the in rem judgment Satisfied and the action Discontinued and Ended. n Please V,c.'- the Judgment entered. Date: PHEL HALLINA P By: , Joseph A.Dess•r sq.,Id. No 10479 Attorne• or Plaintiff PHS# 115531 Phelan Hallinan, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 MORTGAGE ELECTRONIC REGISTRATION Court of Common Pleas SYSTEMS,INC. Plaintiff Civil Division v. CUMBERLAND County LAURA M. BABCOCK No. 05-2115-CIVIL TERM Defendant PHS# 115531 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: LAURA M. BABCOCK 305 OAKVILLE ROAD SHIPPENSBU• ' , 'A 17257 Date: PHE •N HALL I , LLP By: . Joseph A. 11 ess, sq.,Id. ∎•o.200479 Attorne dr Plaintiff