HomeMy WebLinkAbout02-4766IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE
COMPANY,
Plaintiff,
CIVIL DIVISION
COMPLAINT IN EJECTMENT
VS.
TARA L. SIX and RYAN A. TROXLER,
Code: EJECTMENT
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Defendants.
Louis P. Vitti, Esquire
PA I.D. #3810
Supreme Court #01072
Louis P. Vi~i&Assoc.,P.C.
916 FiRhAvenue
Pi~sburgh, PA 15219
(412) 281-1725
COMPLAINT IN EJECTMENT
NOTICE
YOU HAVE BEEN SUED 1N 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
THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR
DEFENSES AND 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 RIGHTS
IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
SHOULD 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, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY,
NO.
Plaintiff,
VS.
TARA L. SIX and RYAN A. TROXLER,
Defendants.
COMPLAINT IN EJECTMENT
AND NOW, comes the above-captioned Plaintiff, by and through its counsel, Louis P.
Vitti & Associates, P.C. and Louis P. Vitti, Esquire, who files this Complaint in Ejectment as follows:
1. The Plaintiff is a corporation having a principal place of business located at 3232
Newmark Drive, Miamisburg, OH 45342.
2. The Defendant(s) are individuals, sui juris, whose last known address was 104
Easterly Drive, Mechanicsburg, PA 17055.
3. On the 30th day of June, 2000, the Plaintiff or its predecessor in title lent to
Defendant(s) and/or their predecessor(s) in title, the sum of Eighty Two Thousand Five Hundred Ninety
Eight and 00/100 ($82,598.00) Dollars, and in consideration thereof, the Defendant(s) and/or their
predecessor(s) in title, executed a mortgage which was recorded on the 5th day of July, 2000, in the
Office of the Recorder of Deeds of Cumberland County in Mortgage Book Volume 1623, page 740.
4. The premises secured by the mortgage (hereinafter "the Property") are described in
the document that is attached hereto, made a part hereof, and called Exhibit "A".
5. The mortgage provides that, in the event of default, the holder thereof has the rights,
inter alia, to take possession of the Property and to foreclose the mortgage.
6. Since March 1, 2001, the mortgage has been in default by reason of the failure of the
mortgagor(s) to make appropriate payments.
7. An action in mortgage foreclosure was instituted in the Court of Common Pleas of
Cumberland County at No. 2001-06244, and ultimately a sheriffs sale of the Property -- at which
Plaintiff or its predecessor in title was the successful bidder -- occurred on September 4, 2002.
8. Plaintiff, National City Mortgage Company, or its subrogee pursuant to a policy of
mortgage insurance under the National Housing Act has the right to immediate possession of the Property.
9. Defendant(s) and/or all other occupants continue to occupy the Property.
10. Any alleged claim of Defendant(s) to possession of the Property is as or through the
owner(s)/mortgagor(s) described in Paragraph 3 hereof.
WHEREFORE, Plaintiff prays Your Honorable Court enter Judgment in favor of the
Plaintiff, National City Mortgage Company, for sole possession of the Property and vesting the title of
said premises in the Plaintiff.
Respectfully submitted,
LOUIS P. VITTI & ASSOCIATES, P.C.
Lores P. V~tt~, Esqmre
Attorney for Plaintiff
LEOAL DESCRIPTION
ALL that certain condominium dwelling unit situated in Westfields Condominium in the Township of
Silver Spring, County of Cumberland and Commonwealth of Pennsylvania.
BEING designated and known as Unit No. 55 in the Declaration of Condominium and Declarhtion Plans
of said Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Miscellaneous Record Book Volume 371, Page 12, (as amended in a First Amendment
thereto dated April 6, 1990, and recorded on the same date in said Recorder's Office in Miscellaneous
Record Book Volume 378, Page 940 and as further amended by a Second Amendment dated November
9, 1990, and recorded on April 25, 1991, in said Recorder's Office in Miscellaneous Record Book Volume
396, Page 923), as required and in accordance with the provisions of the Pennsylvania Uniform
Condominium Act (Act of July 2, 1980, P.L. 285, No. 82; 60 Pa, C.S.A. {}3101 et seq., as amended);
TOOETHER with an undivided 2.778% interest in Common Elements as more particularly defined,
limited, subject to adjustment and set forth in the aforesaid Declaration of Condominium and Declaration
Plans, and together with the right to use any Limited Common Elements applicable to the Unit being
conveyed herein pursuant to said Declaration of Condominium and Declaration Plans.
UNDER AND SUBJECT, NEVERTHELESS, to all agreements, conditions, easements and restrictions
of prior record and to the provisions, easements, covenants and restrictions as contained in the Declaration
of Condominium and Declaration Plans.
The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors
and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for the maintenance
of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed
from time to time by the Executive Board in accordance with the Uniform Condominium Act of
Pennsylvania; and further covenants and Agrees that the Unit conveyed by this Deed shall be subject to
a charge for all amounts so assessed and that, except insofar as Section 3315 of said Uniform
Condominium Act, may relieve a subsequent Unit owner of liability for prior unpaid assessments, this
covenant shall run with and bind the land or Unit hereby conveyed and all subsequent own6rs thereof.
The Grantee, for and on behalf of the Grantee and the Grantee's heirs and assigns, by acceptance of this
Deed, acknowledges that this conveyance is subject in every respect to the Declaration, the Declaration
Plans and any amendments thereto; and the Grantee further acknowledges that each and every provision
of the foregoing is essential to the best interest and for the benefit of all Unit owners therein. Grantee and
all owners of Units in said Condominium covenant and agree, as a covenant running with the land, to
abide by each and every provision of said documents.
The Grantee, for and on behalf of the Grantee, acknowledges that the Grantee has received, no later than
fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Westfields.
Condominium and, therefore, waives any and all rights under Section 3406 (c) of the Uniform
Condominium Act, as amended.
SAID premises having a post office address of 104 Easterly Drive, Mechanicsburg, PA 17055.
PARCEL NO. 38-23~0571-190-U55.
EXHIBIT" ~ "
VERIFICATION
AND NOW Louis P. Vitti verifies that the statements made in this Complaint in
Ejectment are true and correct to the best of his knowledge, information and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn
falsification to authorities.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the
verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is
submitted by counsel having sufficient knowledge, information and belief based upon the information
provided him by the Plaintiff.
L~uis P. Vitti
Dated: September 26, 2002
~ - SHERIFF'S RETURN
CASE NO: 2002-04766 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL CITY MORTGAGE CO
VS
SIX TARA L ET AL
VALERIE WEARY
Cumberland County, Pennsylvania,
says, the within COMPLAINT - EJECTMENT
SIX TARA L
- REGULAR
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
DEFENDANT , at 2050:00 HOURS,
at 104 EASTERLY DRIVE
MECHANICSBURG, PA 17055
TARA L SIX
on the 2nd day of October , 2002
by handing to
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.97
Affidavit .00
Surcharge 10.00
.00
36.97
Sworn and Subscribed to before
me this ~ day of
~ etch ~ ~ A.D.
~ ~Prothonotary
So Answers:
R. Thomas Kline
10/04/2002
LOUIS VITTI
By:
Depuf~ Sherif
~ ~ SHERIFF'S RETURN
CASE NO: 2002-04766 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL CITY MORTGAGE CO
VS
SIX TARA L ET AL
VALERIE WEARY ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT - EJECTMENT
TROXLER RYAN A
- REGULAR
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
DEFENDA/qT , at 2050:00 HOURS,
at 104 EASTERLY DRIVE
MECHANICSBURG, PA 17055
TARA L SIX, GIRLFRIEND
on the 2nd day of October 2002
by handing to
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ~ day of
~ 22~ ~ A.D.
' {~roth~not ary
So Answers:
R. Thomas Kline
10/04/2002
LOUIS VITTI
By:
Deputy Sheri-f~- ~ ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE
COMPANY, CIVIL DIVISION
No. 02-4766 Civil
VS.
Plaintif~
PRAECIPE FOR DEFAULT
JUDGMENT AND CERTIFICATION
OF MAILING AND AFFIDAVIT OF
NON-MILITARY SERVICE
TARA L. SIX and RYAN A. TROXLER,
Defendants.
Code 040 EJECTMENT
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis p. Vitti, Esquire
PA I.D. #3810
Supreme Court #01072
Louis p. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY,
Plaintif~
VS.
NO. 02-4766 Civil
TARA L. SIX and RYAN A. TROXLER, :
:
Defendants. :
PRAECIpE FORDEFAULT JUDGMENIj
TO: CUMBERLAND COUNTy PROTHONOTARY
Please enter judgment for possession and/or ejectment as a result of the Defendants'
failure to file an Answer and/or a responsive pleading at property address of 104 Easterly Drive,
Mechanicsburg, PA 17055.
LOUIS P. VITTI & ASSOCIATES, P.C.
Louis p. Vitti, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY, :
: NO. 02~4766 Civil
Plaintiff, :
VS.
TARA L. SIX and RYAN A. TROXLER,
Defendants.
~TIFIC--~N OF MAILINQ
I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was
mailed to the Defendant(s), in the above-captioned case on October 23, 2002, giving ten (10) day
notice that judgment would be entered should no action be taken.
LOUIS p. VITTI & ASSOCIATES, P.C.
SWORN to and subscribed
~uu~ r. ¥1[tl, Esquire
Attorney for Plaintiff
before me this 18th day
of November, 2002.
[m~ ~ ~ OCTOBER 17,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY, :
Plaintiff,
TARA L. SIX and RYAN A. TROXLER,
NO. 02-4766 Civil
Defendant. :
IMPORTANT NOTICE
TO: Tam L. Six
Ryan A. Troxler
104 Easterly Drive
Mechanicsburg, PA 17055
Date of Notice: October 23, 2002
YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17103
(717) 249-3166
BY:
LOUIS p. VITTI & ASSOCIATES, P.C.
o~s P V~ttx, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.**
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMONWEALTH OF PENNSYLVANIA, SS:
COUNTy OF ALLEGHENY,
BEFORE me, the undersigned authority, personally appeared Louis p. Vitti, Esquire,
who, being duly sworn according to law, deposes and says that he is advised and believes that
DEFENDANT(S) is/are not presently in the active military service of the United States of
America and not members of the Army of the United States, United States Navy, the Marine
Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper
authority for duty with the Army or Navy; nor engaged in any active military service or duty
with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and
designated therein as military service, and to the best of this affiant's know~.~- - .
,=uge Is/are not
enlisted in military service covered by said act, and that the averments herein set forth, insofar as
they are within his knowledge, are correct, and true; and insofar as they are based on information
received from others, are true and correct as he verily believes.
1940. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relie£Act of
~-OUlS p. Vitti, Esq~
SWORN to and subscribed
before me this 18th day
of November, 2002.
~q~ mBURGH, ALLEGHE
l~1~'~ $~ONEXFIRE8 OCTOBER 17,200
MY ~ NY COUNT~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL CITY MORTGAGE
COMPANY, CIVIL DIVISION
No. 02-4766 Civil
Plaintiff,
VS.
TARA L. SIX and RYAN A. TROXLER,
PRAECIPE FOR WRIT OF
POSSESSION AND AFFIDAVIT OF
LAST KNOWN ADDRESS
Code 040 EJECTMENT
Filed on behalfof
Plaintiff
Defendants.
Counsel &record for this
party:
Louis p. Vitti, Esquire
PA I.D. #3810
Supreme Court #01072
Louis p. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY,
NO. 02-4766 Civil
Plaintiff,
VS.
TARA L. SIX and RYAN A. TROXLER,
Defendants.
PRAEC~
TO: CUMBERLAND COUNTy PROTHONOTARY
Please issue a Writ of Possession in the above-captioned case for the property situate in
Westfields Condominium in the Township of Silver Spring, County of Cumberland and
Commonwealth of Pennsylvania. Having erected thereon a condominium dwelling known as
104 Easterly Drive, Mechanicsburg, PA 17055. Parcel #38-23-0571-190-U55.
LOUIS p. VITTI & ASSOCIATES, P.C.
Attorney for Plaintiff
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA
CIVIL DIVISION
NATIONAL CITY MORTGAGE COMPANY, :
Plaintiff,
VS.
TARA L. SIX and RYAN A. TROXLER,
Defendants.
NO. 02-4766 Civil
AFFIDAVIT
I, Louis p. Vitti, do hereby swear that, to the best of my knowledge, information
and belief, the Defendant(s), Tara L. Six and Ryan A. Troxler,/s/are the owners of the real
property on which the Plaintiff seeks to execute. That the Defendant('s)(s,) last known address is
104 Easterly Drive, Mechanicsburg, PA 17055.
SWORN to and subscribed
before me this 18th day
of November, 2002.
WRIT OF POSSESSION (Ejectment Proceedings PRCP
National City Mortgage Ccrnpany _
vs.
Tara L. Six and K%/an A. Troxler
104 Easterly Drive --
Mechanicsbur ,~ 17055
No.
3160 - 3165 etc.)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
-~v~ ~ ~ Term
_ Term
Costs
Att'y.
$_ 127.4~7 _
Pl'ff (s)
$
Prothy. _
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Oanberland County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
being: (Premises as follows):
Westfields Condcrninium
Township of Silver Sprin9
Cumberland County
104 Easterly Drive
Mechanicsburg, PA 17055
Parcel #38-23-0571-190-U55
_ Plaintiff (s)
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date November 20 2002
(SEAL)
Curtis R. Lon
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
Deputy
By virtue of this writ, on the_ day of.
I caused the within named __
have possession of the premises described with the appurtenanccs, and
So Answers,
Sworn and subscribed to before me this
day of.
Prothonotary
By
Sheriff
Deputy
By virtue of this writ, on the day of
I caused the within named
have possession of the premises described with the appurtenances, and
WRIT OF POSSESSION RETURNED STAYED AS PER ATTY THIS DATE.
1/30/03
to
Sheriff's Costs:
Docketing $ 18.00
Poundage .91
Proth 1.00
Milage 6.90
~rge 20.00
46.81
Advance Costs: 150.00
Sh~Lz~ ~ Costs' /'a.81
103.19
Refunded to Atty on 1/30/03
Sworn and subscribed to before me this '/~
day o f J..z.~_,_4.,~ ,:2-.z,o._~
Prothonotary
SoA s r.'
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
National City Mortgage Ccrapany
vs.
Tara L. Six and R~an A. Troxler
104 Easterly Drive
Mechanicsburq, PA 17055
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-4766 CSvi ] Term
No. Term
Costs
Att'y. $ ~127.47
PI'fi(s) $
Prothy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Ct~nberland County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
Plaintiff (s)
being: (Premises as follows):
Westfields Condcminium
Township of Silver Spring
Cumberland County
104 Easterly Drive
Mechanicsburg, PA 17055
Parcel #38-23-0571-190-U55
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date
November 20, 2002
(SEAL)
Curtis R. Long
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
Deputy