The URL can be used to link to this page

Home My WebLink About02-2403 WAYNE F. SHADE 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 uns~'orn falsification to authorities. Date: May 16, 2002 Todd ~. Nea[y ~. WAYNE F. SHADE Allomey at Law 53 West Pom~et Str~ Carlisle, Pennsylvania 17013 When Defendant failed to satisfy of record said mortgage by November 7, 2001, Plaintiffmade 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 in the amount of $2,500 plus court costs. Wayne 1~. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -3- WAYNE F. SHADE 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. 5. 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. 7. Plaintiff did lawfully rescind the refinance transaction within the three days that he had a right to do so. 8. After Plaintiff's rescission of the said refinance transaction, Plaintiffmade written demand upon Defendant on September 14, 2001, that Defendant see to the immediate satisfaction of the mortgage at Mortgage Book 1726, Page 3777. -2- WAYNE F. SHADE Attorney at Law 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. 0~- a~qo3CIVIL TERM : .. .. COMPLAINT Plaintiff TODD T. NEALY is an adult individual who resides at 18 Chestnut Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. 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. 3. 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. WAYNE F. SHADE Attorney at Law Carlisle, Pennsylvania 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. q~- ~gt,~ CIVIL TERM : 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 Wayne{. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff 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. 02-2403 CIVIL TERM 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 May 16, 2002, serve the Complaint in the above-captioned matter upon Defendant AEGIS MORTGAGE CORPORATION by certified United States mail, postage prepaid, return receipt requested, and that the same was received by Defendant AEGIS MORTGAGE CORPORATION on May 21, 2002, as evidenced by the return receipt card attached hereto bearing Certified No. 7099 3400 0018 5044 8851. 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 29, 2002 Wayne ~. Shade -1- Postage E:3 Certified Fee Return Receipt Fee ,=¢3 (Endorsement Required) Restricted Delivery Fee ~ (Endomement Required) r-1 Total Postage & Fees r--I * .57 2.10 1.50 $4.17 Postmark Here May 16, 2002 Recipient's Name (Please Print Clearly) (to be completed by mailer) r c3 following aervices (for an Mail ~ Insur~ ~R~t~ ~ COD 5. ~ B.l~ (Print Name) 6. Sign~ (AddresSee or Agent) · " _~ AGG~cc's'AGG,~ (Only if requested and fee is paid) WAYNE F. S~qADE ^ttomey 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 : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : : NO. 02-2403 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: Please enter judgment in favor of Plaintiff and against Defendant in the amount of $2,500 plus costs for failure of Defendant to file an Answer to the Complaint in the above-captioned matter. Date: July 8, 2002 Wayne F(. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADI Ai~orney at Law 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. 02-2403 CIVIL TERM NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: AEGIS Mortgage Corporation, trading and doing business as New America Financial Date of Notice: June 19, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILED IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 Wayne I~. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff TODD T. NEALY, Plaintiff AEGIS MORTGAGE CORPORATION, ~rading and doing business as NEW AMERICA FINANCIAL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLrNTy, PENNS CIVIL ACTION - LAW : NO. 02-2403 CML TERM STIPULATION OF COUNSEL AND NOW, this _ day of ,2003, come Plaintiff TODD T. NEALY and Defendant AEGIS MORTGAGE CORPORATION, trading and doing business as NEW AMERICA FINANCIAL, by and through their respective attorneys, Wayne F. Shade, Esquire, and Robert B. Hoffman, Esquire, of Reed Smith, LLP, and stipulate and agree, as follows: On July 8, 2002, a default judgment for monetary damages was entered in favor of Plaintiff and against Defendant for failure of Defendant to satisfy a mortgage from Plaintiff to Defendant. The Complaint and all other pertinent documents thereafter in support of the jud~nent by default recited the address of Defendant as the address in the recorded mortgage at 3910 Kirby Drive, Suite 300, Houston, Texas 77098. ~'~AYN~ ~. SHAD~ The aforesaid address was the address of SMI, a company that had previously serviced mortgages for Defendant, but unknown to Plaintiff, was no longer doing so. 4. The proper address for Defendant is 3250 Briar Park Drive, Suite 400, Houston, Texas 77042. Defendant did not receive copies of the Complaint and other documents in support of the judgment by default. The parties have agreed to an amicable resolution of the underlying controversy which includes an agreement that the judgment be vacated. WHEREFORE, the parties respectfully request that your Honorable Court vacate the judgment herein under the provisions of Pa.R.C.P. 237.3. Wayne F,~hade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 717-243-0220 Attorney for Plaintiff REEDSMITH, LLP.\ /~ / Robert B. Hoffman, ]~sq~ '~ Supreme C. ourt No. 2~,846 213 Market Street, Niffth Floor P.O. Box 11844 Harrisburg, Pennsylvania 17108 rho ffman~),reedsmith.c0m 717-257-3042 Attorneys for Defendant WAYNI~ F, TODD T. NEALY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AEGIS MORTGAGE : NO. 02-2403 CIVIL TERM CORPORATION, : trading and doing business as : NEW AMERICA FINANCIAL, : Defendant : ORDER OF CO'URT AND NOW, this i~_day of~ _, 2003, upon consideration of the within Stipulation of Counsel, il: is hereby ordered andi decreed that the judgment entered in the above-captioned matter on July 8, 2002, is vacated. W~ayne F. Shade, Esquire Attorney for Plaintiff R/0bert B. Hoffman, Esquire Reed Smith, LLP Attorneys for Defendant