Loading...
HomeMy WebLinkAbout97-06808 I./J t/7 - ~ 8'oE; CtV;.{ T~~ COMPL6tNT IN MORTCAC,E FORECLOSURE AND NOW, comes the Pl.Jintiff by its .Jttorneys, Louis P. Vitti ,1Ild Associ.Jtes, P.c. and Louis P. Vitti, Esquire, .Jnd pursu,mt to the Pennsylv,mi.J Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortg,lge Foreclosure, sets forth the following: 1. The Plaintiff is .I corpor.Jtion duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, h,lVing.J principal place of business located at. 4825 N. Scott St., Suite 200, Schillen P.Jrk, iL 60176. 2. The Defendant(s) is/,lre individuals with .I last known mailing ,uldress of 457 West Main St, Walnut Bottom, PA 17266. The property address is 457 West Main Street, Walnut Bottom, PA 17266 and is the subject of this action. 3. On the 15th day of M.Jrch, 1993, in considerdtion of.J loan of Sixty Four Thousand Four Hundred Twenty Six and 00/100 ($64,426.00) Dollars made by Meridian Mortgage Corp., a PA wl'poration, to Defendant!s), the s.Jid Derendant(s) executed and delivered to Meridi.Jn Mort~.Jge Corp., .I PA corpor.Jtion, " "Note" secured by .I Mortg.Jge with the Defend,mt(s) .IS mortgagor(s) .Jnd Meridi,lIl Mortgage Corp., .IS mortgagee, which mortgage was recorded on the' 6th d,ly of M.Jrch, 19')], in the Orfice of the Rewrder of Deeds of CumberldllCl County, in Mortg.Jge Book Volume I 121, fJ.1ge 871. The ,.lid COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by Its attorneys, Louis p, Vitti and Associates, P.c. and Louis P. Vitti, Fsquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff i; a corporation duly authori;:ed to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 4825 N. Scott St., Suite 200, Schillen Park, IL 60176. 2. The Defendant(s) is/are individuals with a last known mailing address of 457 West Main St, Walnut Bottom, PA 17266. The property address is 457 West Main Street, Walnut Bottom, PA 17266 and is the subject of this action. 3. On the 15th day of March, 1993, in consideration of a loan of Sixty Four Thousand Four Hundred Twenty Six and 00/100 ($64,426.00) Dollars made by Meridian Mortgage Corp., a PA corporation, to Defendant(s), the said Defendant(s) executed and delivered to Meridian Mortgage Corp., a PA corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Meridian Mortgage Corp., as mortgagee, which mortgage was recorded on the 16th day of March, 1993, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1121, page 871. The said ()I'r":" , i.l,' I ,I .',' ..~ r- ,..'.' ','\ 'j \\\\ X\\ '~'\ \" \\'i;\'. 'J ,.,1 .,"i j-..\\ \p.. \~ \' ,\', ,. \ I I i , , ""::'l ~J ~:;] ...::J l::::l (?!rv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .JUPITER MORTGAGE CORP., Assignee of MERIDIAN MORTGAGE CORPORATION CIVIL DIVISION NO. q7- 68'08 tW-i1./~ " Plaintiff, COMPLAINT IN MORTGAGE FORECLOSURE vs. Code MORTGAGE FORECLOSURE KENNETH M. WINEBRENNER and SUSAN M. WINEBRENNER, Filed on behalf of Plaintiff Defendants. 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 COMJ,lLAINT IN MORTGAGE FO~ECL9SURE 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 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 MAYBE 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 LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 3RD FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 697-0317 COMPLAINT IN MORTGA,0E FORECL.OSURE AND NOW, comes the Plaintlrf by its allorneys, Louis P. Villi and Associates, P,C. and Louis P. Villi, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 4825 N. Scott St., Suite 200, Schillen Park, IL 60176. 2. The Defendanl(s) is/are individuals with a last known mailing adcJress of 457 West Main St, Walnut Bottom, PA 17266. The property address Is 457 West Main Street, Walnut Bottom, PA 17266 and is the subject of this action. 3. On the 15th day of March, 1993, in consideration of a loan of Sixty Four Thousand Four Hundred Twenty Six and 00/100 ($64,426.00) Dollars made by Meridian Mortgage Corp., a PA corporation, to Defendanl(s), the said Defendantls) executed and delivered to Meridian Mortgage Corp., a PA corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Meridian Mortgage Corp., as mortgagee, which mortgage was recorded on the 16th day of March, 1993, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1121, page 871. The said IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JUPITER MORTGAGE CORP.. Assignee of MERIDIAN MORTGAGE CORPORATION. ) ) No. 97-6808 Civil Term ) ) ) ) ) ) ) Plaintiff, vs. KENNETH M. WINEBRENNER and SUSAN M. WINEBRENNER. Defendants. PETITION FOR SERVICE PURSUANT TO RULE 430 AND THE PENNSYLVANIA RULES OF CIVIL PROCEDURE 400. ET SEQ. NOW comes the Plaintiff by and through their attorneys, Louis P. Vitti & Associates, P.c. and Louis P. Vitti, Esquire, and files this Petition requesting this Honorable Court permit service pursuant to Pennsylvania Rules of Civil Procedure 400, et seq., and particularly Rule 430 whereof the following is a statement: 1. Plaintiff did file a Complaint at the dbove-captioned number in mortgage foreclosure. 2. The property address is 457 West Mdin Street, Walnut Bottom, PA 17266, and is the subject of this action. 3. The Sheriff did attempt to mdke service, but hds been un,lble to serve the Defendant, Kenneth Winebrenner ,md Sus,m M. Winebrenner. See Exhibit "A". 1 4. Efforts to effectuate service by the Sheriff h,lVe met without success and service has been frustrated requiring presentation of this Petition. WHEREFORE, Plaintiff prays this Honorable Court enter an Order permitting service by posting the property by the Sheriff. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.c. ill.. '--> / ..i- ~. . BY: ./'" r)~ ,;/ t louis P. ~itti, Esquire Attorney for Plaintiff :2 SHERIFF'S RETURN - NOT FOUND CASE NO: 1997-06808 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JUPITER MORT3AGE CORP VS. WINEBRENNER KENNETH M ET AL -B., Thom'lls Kline , Sherif!, who being duly sworn according to law, says. that he made a diligent search and inquiry tor the within named defendant. to wit: WINEBRENNER SUSAN M but was unable to locate H..r in his bailiwick. He therefor.. returns the COMPLAINT - MORT FORE NOTICE HOT FOUND. as to the within nam..d defendant WINEBRENNER SUSAN M DEFT. MOVED AND LEFT NO FO~RD~G ADDRESS WITH THE POST OFFICE. Shvriff's Costs: Docketing Serviee Affidavi t Surch'lll"ge 6.111111 .00 .111111 2.tZl0 So answers: '/;'.-' . ../;. .' <...~.. / ..-'J /,_,-,." . ..... _~. '." i' fi.. Thomas I\l~no;>. 5hl!r~:t! S8. IVI1I LOUIS P. VITTI 12116/1997 Sworn and'subscribed to bo;>fore me this d'llY of 19 A. D. i-r':l'.h<:lnotary EXHIBIT" A " >- (") ',.. n~ C": f.; ," I, ~.<l ., I ~, , ,-..I: 'j H " (" .1 , I ~ ":' , (.:' , (..j L'_' , " I " ,i .. I, Ll I '1.:'- I L._ " II. c'" ') U l.:' C) " i, ,