Bank of New York as Trustee v. Bates et al

Filing 51

ORDER (memorandum filed previously as separate docket entry) 1.The plaintiffs motion for partial summary, (Doc. 41), is GRANTED with respect to the breach of contract claim, Count I of the amended complaint, (Doc. 11), and the reformation by mutual m istake claim, Count II.2.The defendants motion for partial summary judgment (Doc. 38), is DENIED with respect to the reformation by mutual mistake claim, Count II, and is GRANTED with respect to the unilateral mistake claim, Count III.3.Judgment is e ntered in favor of plaintiff and against defendant Amy J. Bates on plaintiffs claim in Count I of the amended complaint for breach of the Franklin Note.4.Judgment is entered in favor plaintiff and against defendants Amy J. Bates and Richard Bates on Count II of the amended complaint for reformation by mutual mistake. The Franklin Mortgage, which is attached to this Order as Exhibit 1, is hereby reformed so that the legal description attached to the Mortgage is deleted in its entirety and replace d with the legal description attached to this Order as Exhibit 2, which legal description describes the real property located at 1712 Forest Acres Drive, Clarks Summit, Pennsylvania,18411, that is defined as the Residential Property in the plaintiffs motion and supporting brief. Plaintiff is authorized to have the Mortgage, as reformed, indexed under the Residential Property.5.Judgment is entered in favor defendants Amy J. Bates and Richard Bates and against plaintiff on Count III of the amended complaint for reformation by unilateral mistake.6.If counsel are unable to agree on damages, a hearing will take place on Monday, May 4, 2015 at 10:00 a.m., in Courtroom #3 of the William J. Nealon U.S. Courthouse, Scranton, PA. Counsel are to attem pt to work out damages, or as many issues as possible related to damages, before that date. Counsel for the plaintiff shall submit its brief and exhibits in support of damages, on or before April 17, 2014. Defendant shall file its brief in response, on or before April 24, 2015.Signed by Honorable Malachy E Mannion on 3/30/15. (Attachments: # 1 Exhibit(s))(bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
BANK OF NEW YORK AS
TRUSTEE FOR
CERTIFICATEHOLDERS
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2006-24,

:
:

CIVIL ACTION NO. 3:13-0690

:

(JUDGE MANNION)

Plaintiff

:

v.

:

AMY J. BATES f/k/a
AMY J. JONES and
RICHARD BATES,
Defendants

:
:
:
ORDER

In light of the memorandum issued this same day, IT IS HEREBY ORDERED
THAT:
1.

The plaintiff’s motion for partial summary, (Doc. 41), is
GRANTED with respect to the breach of contract claim, Count I
of the amended complaint, (Doc. 11), and the reformation by
mutual mistake claim, Count II.

2.

The defendants’ motion for partial summary judgment (Doc. 38),
is DENIED with respect to the reformation by mutual mistake
claim, Count II, and is GRANTED with respect to the unilateral
mistake claim, Count III.

3.

Judgment is entered in favor of plaintiff and against defendant
Amy J. Bates on plaintiff’s claim in Count I of the amended
complaint for breach of the Franklin Note.

4.

Judgment is entered in favor plaintiff and against defendants
Amy J. Bates and Richard Bates on Count II of the amended

complaint for reformation by mutual mistake. The Franklin
Mortgage, which is attached to this Order as Exhibit “1,” is
hereby reformed so that the legal description attached to the
Mortgage is deleted in its entirety and replaced with the legal
description attached to this Order as Exhibit “2,” which legal
description describes the real property located at 1712 Forest
Acres Drive, Clarks Summit, Pennsylvania,18411, that is defined
as the “Residential Property” in the plaintiff’s motion and
supporting brief. Plaintiff is authorized to have the Mortgage, as
reformed, indexed under the Residential Property.
5.

Judgment is entered in favor defendants Amy J. Bates and
Richard Bates and against plaintiff on Count III of the amended
complaint for reformation by unilateral mistake.

6.

If counsel are unable to agree on damages, a hearing will take
place on Monday, May 4, 2015 at 10:00 a.m., in Courtroom #3
of the William J. Nealon U.S. Courthouse, Scranton, PA. Counsel
are to attempt to work out damages, or as many issues as
possible related to damages, before that date. Counsel for the
plaintiff shall submit its brief and exhibits in support of damages,
on or before April 17, 2014. Defendant shall file its brief in
response, on or before April 24, 2015.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: March 30, 2015
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2013 MEMORANDA\13-0690-02-ORDER.wpd

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