CARLO SABATINI
LACKAWANNA ATTORNEY LUZERNE
223 NORTHERN BLVD., STE 100 THE BANKRUPTCY LAW FIRM SUITE 1001
P.O. BOX 631 67-69 PUBLIC SQUARE
CHINCHILLA, PA 18410 FAX (508) 374-5897 WILKES-BARRE, PA 18701
(570) 614-4444 EMAIL: SABATINI@LAW.COM (570) 823-9000
May 28, 2002
Please Respond To Lackawanna Office
Agatha McHale, Esquire
Chapter 13 Trustee, MD of PA
P.O. Box 410
Hummelstown, PA 17036
Re: Donna Kordish
02-00501
Dear Ms. McHale,
Enclosed please find a complaint for the adversary proceeding seeking a declaration that
the lien of Mellon bank is void. If you find it acceptable please sign it and return it to me.
Otherwise, please contact me once you have had a chance to review it.
Thank you,
Carlo Sabatini
Enclosure
Cc: James Shoemaker, Esquire (without Enclosure)
Donna Kordish
Carlo Sabatini, Esquire
Id No. 83831
Law Office of Carlo Sabatini
223 Northern Blvd, Suite 100
P.O. Box 631
Chinchilla, PA 18410
(570) 614-4444
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
In re Donna Kordish, Chapter 13
Debtors
Donna Kordish Case No. 02-00501
Charles J. DeHart III, Esquire, Trustee
Movants
v.
Mellon Bank, N.A. Adversary:_______________
Respondent
COMPLAINT
I. Preliminary Statement
1. Defendant recorded its mortgage pre-petition. However, the period of time between
Debtor’s execution of the mortgage and Defendant’s recording of the mortgage was greater than
the time permitted under Pennsylvania law. Consequently, the mortgage is void.
II. Jurisdiction
2. Jurisdiction is conferred on this Court by 28 U.S.C. § 1334 in that this proceeding arises
under title 11 of the United States Code, arises in and is related to the above-captioned chapter
13 case under title 11, and concerns property of the Debtors in that case. This proceeding is a
core proceeding.
III. Parties
3. Plaintiff, Donna Kordish, is an individual who resides at 1018 Lower Pleasant Avenue,
Peckville, Pennsylvania and is the debtor in this bankruptcy case.
4. Plaintiff, Charles J. DeHart, III, Esquire, is the trustee in this bankruptcy case.
5. Defendant, Mellon Bank, N.A., is a corporation with headquarters in Pittsburgh,
Pennsylvania.
IV. Claims
Claim One
6. On February 14, 1997, Debtor obtained a loan from Mellon Bank, Defendant’s
predecessor-in-interest, in the amount of $66,336.00 and executed and delivered to Mellon Bank
a mortgage on her residence situate at 1018 Lower Pleasant Avenue, Peckville, Lackawanna
County, Pennsylvania.
7. The mortgage was recorded in the office of the Recorder of Deeds of Lackawanna
County on December 15, 1997, more than ten months after it was granted.
8. Debtor filed a bankruptcy petition on February 11, 2002.
9. The failure of Mellon Bank to record the mortgage within ninety days of the date of filing
renders it void.
10. 21 P.S. §444 states, in relevant part:
All deeds and conveyances, which, from and after the passage of
this act, shall be made and executed within this commonwealth of
or concerning any lands, tenements or hereditaments in this
commonwealth, . . . shall be recorded in the office for the
recording of deeds where such lands, tenements or hereditaments
are lying and being, within ninety days after the execution of such
deeds or conveyance, and every such deed and conveyance that
shall at any time after the passage of this act be made and executed
in this commonwealth, and which shall not be proved and recorded
as aforesaid, shall be adjudged fraudulent and void against any
subsequent purchaser or mortgagee for a valid consideration, or
any creditor of the grantor or bargainor in said deed of conveyance,
...
11. A mortgage is a defeasible deed.
12. Debtor’s mortgage was made and executed after the passage of the act now codified at 21
P.S. § 444.
13. The mortgage was executed within this commonwealth.
14. The mortgage concerns lands in this commonwealth.
15. The mortgage was not recorded within ninety days of its execution.
16. The mortgage is fraudulent and void against any subsequent purchaser or mortgagee for a
valid consideration.
17. Pursuant to § 544(a)(3) the Trustee may avoid any transfer of property of the debtor or
any obligation incurred by the debtor that is voidable by a bona fide purchaser of real property
from the debtor.
18. The mortgage is void as against the trustee.
Claim Two
19. The allegations of paragraphs 1 – 18 are incorporated herein as though set forth more
fully at length.
20. 21 P.S. § 621 states in relevant part:
No deed or mortgage, or defeasible deed, in the nature of
mortgages, hereafter to be made, shall be good or sufficient to
convey or pass any freehold or inheritance, or to grant any estate
therein for life or years, unless such deed be acknowledged or
proved and recorded within six months after the date thereof,
where such lands lie, as hereinbefore directed for other deeds.
21. The mortgage was not recorded within six months of its execution.
22. The mortgage is void as against the Debtor.
WHEREFORE, Plaintiffs respectfully request this court declare the mortgage is void and
award such other relief as is just and proper.
Date:_____________________ ____________________________
Carlo Sabatini
Attorney for Debtor
Date:_____________________ ____________________________
Agatha McHale
Attorney for Trustee
