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HomeMy WebLinkAbout00-08398 ^ ,-. ., < ""'-' P',- , ^ ~~'r--~ c",. ." ",'/.~-_ /~_", or'i. -/ n"""'-';i,:,,.:, "_ . > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. CO - J>J9f> C'u: l '7-~ Plaintiff, COMPLAINT IN MORTGAGE FORECLOSURE vs. PHILLIP HAYSLETT, Code -MORTGAGE FORECLOSURE Defendants. 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 _. ,_~ ~ '0'_ ~_ _~,~~~' ~""~'""~"~,",",'~<ci~__r '-'_-'.<~_""'-__~-'-_"_" ..;,.,"____~<,_,_"'_:>-_. ' _':;;"~'; " COMPLAINT IN MORTGAGE FORECLOSURE 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 COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 '<_~ ' . 'c =___~"' "'-""V -d ~, ,,,.,,-.,g,;',.'-,,,-i.tj '-'3__' ,-,-.~.,,- ,;",'-" -"'');,,; w:, _ ~ - '-~';;';jl '. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: I. 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 3232 Newmark Drive, Miamisburg, Ohio. 2. The Defendant(s) is/are individuals with a last Imown mailing address of 1172 Centerville Road, Newville, P A 17241. The property address is 1172 Centerville Road, Newville, P A 17241 and is the subject of this action. 3. On the 10th day of January, 2000, in consideration of a loan of One Hundred Two Thousand and 00/100 ($102,000.00) Dollars made by National City Mortgage Company, an Ohio corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Company, an Ohio corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Company, as mortgagee, which mortgage was recorded on the 12th day of January, 2000, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1591, page 790. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: All that certain property situated in the Township of Penn, in the County of Cumberland, and the Commonwealth of Pennsylvania being described as follows: Parcel 31-33-1910-001 and being more fully described in a deed dated 1/10/00 and recorded on 1/12/00, among the land records ofthe county and state set forth above, in Deed Book 214, page 873. .-- ~'''',',~.~''<' -',' ,~,"~,~'"<. -"-'"'-""<-~-"'-~~'-'.>-"<. -",>"~.~--,,,'.~,-;', '--''''-dj-_'"".;:.-' .'-",."0,'"=,',;;.',.>-, '~J 5. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of MOligage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since July 1,2000, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 7. In accordance with the appropriate Pemlsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 8. The amount due on said mortgage is itemized on the attached schedule. 9. Plaintiff does hereby release the personal representative, heir and/or devisee of the mortgagor(s) from liability for the debt secured by the mortgage. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 114 7( 6), Plaintiff demands judgment for the amount due of One Hundred Fifteen Thousand Two Hundred Ninety One and 75/100 Dollars ($115,291.75) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. J- < ~ '\ , ~ Louis P. Vitti, Esquire Attorney for Plaintiff "-. ~ -~-------,~-".- "'""'," -~- ~~=-,~""",,~-,--;',.-..;,- -~" ,-,-'-:---"-~- ->-.,-- ,,-,~, '-",-:~---.,:;,"~-,,"-, --'~"";';';:i . . " HA YSL"ETT SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 101,743.72 Interest 8.3750% from 06/01/00 through 11/30/2000 (Plus $23.3453 per day after 11/30/2000 ) 4,248.85 Late charges through 11/28/2000 o months @ 43.10 Accumulated beforehand (Plus $43.10 on the 17th day of each month after 0.00 137.92 137.92 11/28/2000 ) Attorney's fee 5,087.19 Escrow deficit 4074.07 (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff's sale) BALANCE DUE 115,291.75 .,___e "".", -~-'---' ""," ""'''''-''~'-,"-",-r.' _-" .~_"-,,, _ _ _ "'~_<_ "-~,Oi>__,-,,:,~ ~~~ lilI_, . . .. VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time aI/owed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Dated: November 29, 2000 ~.ti~C --'. -:;:~rII'~llJl:iiiil'ilf;UIl. ll'"-'i " - -~mMr"l1 " --- W$-~Ri'~oi'~!Iil!iiitO 4iD~ r~-'<~ - <-.- tH-j " ~ I I " I I I I I I ) ~ ~ ~ , 0 ~ d g ~~B h () c ...... M . n C\ b (1 0 a t 'Sim .c- ~ . t.:J ~ () ,-.'1 L ~ ~' '::::.0 \Y :l> .'r ""'l~, E j t ig :z ":>:D ':'7('') ""ti ~ ~ om " ~ N ?G r =< ~ I, '"'" ~-c SHERIFF'S RETURN - REGULAR CASE NO: 2000-08398 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS HAYSLETT PHILLIP RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HAYSL$:I'T PHILLIP the DEFENDANT at 0012:18 HOURS, on the 6th day of December, 2000 at 1172 CENTERVILLE RD NEWVILLE, PA 17241 HEATHER BIGLER (GIRLFRIEND) by handing to a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 S?]l2:~",~~, R. Thomas Kline 12/07/2000 LOUIS P. VITTI ty Sheriff Sworn and Subscribed to before By: me this J ye day of lQ" "J.v....,. ~ A . D . lltl:, , Q ThPP",-, /~1ij / othonotary I . ""-- Legal Caption National City Mortgage Vs. Phillip S. Hayslett Court Case# 00;8398 Statement ofIntention to Proceed To the Court: Plaintiff eed with the above captioned matter .. () ft6;. Attorneyfor National City Mortgage Date: 9/16/03 Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule oOudicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of Civil actions. 11 provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 190 1 (b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continnes to be applicable. 1I Inactive Cases The pwpose of Rule 230.2 is to eliminate inactive cases from the judicial system The process is initiated by the court. After giving notice of intent to t=inate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230( d) for relief from the order of termination. An example of such an occwrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. '",_1 ,--~ _~I ~~~jn'>lill.~M'l"'till,i!~;2l>1<l1!I'l\M~U~jH,,.""""~M""~fu.I,;i'I;-,'ri',,:lM"i">;;;,:"i,,,;;,,!,",,~d.;,M;""~:ifj""'r"ili;;;,~\4!l61ffl;_ "' ~ o . I _ ~ ,. ~" ."~. I r~. r~ - (') 0 0 C (.,.) ~-: ,1 L~r'- U) rrjr"r' ,..,., 7~ V '"n ~.:.~ r= IT1 CJ'') 0 ~i-" :::1 :".;-::J C:.) . ~. ~~ ,<::;- ~~ '.:/("') :y~: :.Al nl :::> :);; -~: =0 -, ~"~. ~~".