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HomeMy WebLinkAbout01-1441 FX :~~' , ~, " "'_ ..,. C'" '" ,_._, ",_, \ cr_",,_-, ",_._'.. .~ ''''''''.' '->' : '. "'~''''-.' k_ """ "'__ -" _,:_ 'j -,~-",_oI""'-~~'""'k'~";' "~';:' """"".'0_""_." __""".\" '. _,,, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, Plaintiff, vs. GERALD E. JOHNSON Defendants. CIVIL DIVISION NO. 01 - /'-/4/ Ct0;Ct-~ COMPLAINT IN MORTGAGE FORECLOSURE Code -MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA LD. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.c. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ,1-', 0_' ,"" ,,"',^- _ ~ - ,. ", ,. ,-- ",' _~ - --" .'"'' ,... ~ ,-;- ". c__" ''',/_';_, ,,'_,,~ ,'''.'-',,,_,,,-,'_'-_ ;_"-"_'''_'_'':'',,,-r,~ -'_'~_''''' "'~"""--_'_~,,:_A_: ~ _ __, 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 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 LmERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ,-, " ," __'_;'''- __<~..> " __ M__~ '" ~~_'""=~ '_ ._.._,~ ,_ ,,,,_.,,,-<,_,.. k. 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 known mailing address of 143 N. Pitt Street, Carlisle, PA 17013. The property address is 143 N. Pitt Street, Carlisle, PA 17013 and is the subject of this action. 3. On the 16th day of August, 1999, in consideration of a loan of Forty Three Thousand Four Hundred fifty six and 00/100 ($43,456.00) 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 16th day of August, 1999, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1564, page 259. 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 mOligage are: SEE EXHIBIT "A" ATTACHED HERETO. ~::g~' ,"" ~_ " -~'__ " i "h ,.~ '."-'"-- -~-~ "".-".---" - ~'- .~--,-,,, '''..~''''b~~''. '''='''.kV''r.c~~_, ,'--. ~_ " "" 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 tenns, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since September 1, 2000, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor( s) to malce payments provided for in the said mortgage (including principal and interest) and, under the terms ofthe mortgage, the entire principal sum is due and payable. 7. In accordance with the appropriate Pennsylvania 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 1147(6), Plaintiff demands judgment for the amount due of Fifty Thousand Five HlU1dred Eighty Two and 89/1 00 Dollars ($50,582.89) with interest and costs. Respectfully submitted, LOUIS P. VITTI ASSOC., P.C. (g-- Louis . Vitti, Esquire Attorney for Plaintiff "".,.' . . , ._ O' '~ ..,_ ,'_~__ ~_, , "~, - <-'- ~," ~" "'" -,_,,__,,'_.-O.',"OC,,_v .~".',-, ''''-''-'-'''''''''''!'''"''''''_;'':''"._Jr":~'''<'.,'O';::'',:A/''~_, J/.;.' JOHNSON, GERALD E. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 43,124.29 Interest (Plus 8.0000% from 08/01/00 through $9.4519 per day after 03/31/2001 ) 03/31/2001 2,287.36 Late charges through 03/08/2001 o months @ 17.14 Accumulated beforehand (plus $17.14 on the 17th day of each month after 0.00 QJlQ 119.98 03/08/2001 ) Attorney's fee 2,156.21 Escrow deficit 2 895 05 (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff's sale) BALANCE DUE 50,582.89 .; J..~" '~-\i~w_,>' e3-es-el 11:53 PREMIER ABSTRACT :Ji7/J5ufI) Ii SOY(j~ ID=71724333ge P13/27 ... LEGAL DESCRIPTION ALL that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and descrIbed as follows: ON the North by property now or formerly of Nellie Liszroani on the east by a twelve foot alley, on the South by property now or formerly of Irvin Walters; and on the west by North Pitt Street, containing twenty-four (24) feet in front on North Pitt Street and extending in depth one hundred twelve (u2) feet in front On No.-th pitt Street and extending in depth one hundred twelve (112) feet to the aforesaid alley, and having thereon erected a brick dwellIng. aEING the ~ame premises convByed by Ca.11s1e Rousing Oppo.tunit1es Corporation by deed of even d.ate and intended to be 1;'ecor4ed s1m.ultaneoualy be't'e.w1th in tlle Office of th~ RecQrder of "Deeds of CumQerland County, PQnn$ylva~ia~ ~nto Gerald E. John5QnJ the Mortgagor nera1R. -' .,",,---' '0 ~ ,",'" ,- ~-"- ~-~~' ,----"'- ---, ",'''''~'",","__r ,--.-"" ~-'" ,,,_ "-d_", .,~_", :''. 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 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. _,I' v(r- Dated: March 8, 2001 jt.- --~IIii!=_~~--' ~, ,(fe, 'li~~~l~~~_.liL~O' """ ,~ . ~ ". -, ~. ..... Ti~~ ~ ~ 8 ~ .J:: ~ ~ I ifJ I'""'' ~~ ./Q. :r~ 8 a I V) \If '-+- .~ ' (') 0 c $: ~ -Ow t:;~ mr" 000 z:ii z~:: w ~z !<c -.;::) ~CJ .~i,r -". --0 - )>c .. ~ w 0 ~;~; "~'i 'r_j j ~ :tC) ',;:2 t !~' } :~~~8 ::-1 1.~ V) '5J -< Wi ,,~._~ ; ~"(I " ".i~l SHERIFF'S RETURN - REGULAR CASE NO: 2001-01441 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS JOHNSON GERALD E BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JOHNSON GERALD E the DEFENDANT , at 0013:07 HOURS, on the 15th day of March 2001 at 143 N PITT ST CARLISLE, PA 17013 by handing to SHERRY JOHNSON (Wife) 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 So Answers: 18.00 3.10 .00 10.00 .00 31.10 ~~~~ R. Thomas Kline 03/16/2001 LOUIS P. VITTI Sworn and Subscribed to before By: me this :J.gtE.-- day of ~ ~f A.D. ~ t2 )z"lltJ. ~ i~~ Prothonotary ,. "" '",): ,.'10 ,-, l; i ":.01.' '___<"c_ - ~",;"df.:" ".;<-hi' '" :;';k.~;" i:o, -."--- h :,~ ,,-J' > ,c_ '"'~""'- .'-h" .~ ;:,,; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO, CIVIL DIVISION Plai ntiff, NO:Ol-1441 vs GERALD E. JOHNSON Defendant PRAFCIPF THE PROTHONOTARY OF CUMBERLAND COUNTY KINDLY settle, discontinue - Verdicts, Judgments, Executions, Awards, Decrees, Equity, Liens, Counterclaims or Cross-claims and Plaintiff's case or as to Garnishee only, D~:-I:-,'-a[)d Clai s. ( oui P. Vitti, Esquire Attorney for Plai ntiff I hereby certify that the foregoing is a true and correct statement of the above case. Date SWORN TO and subscribed Pro. Cost before me this 3RD day Sheriff due Notarial Seal Kathleen Carr, Notary Public Pittsburgh, Allegheny County My Commission Expires May 1, 2004 Member, PennsylvaniaAssociation of Notanes Cert. , Prothonotary BY Deputy mitt" ""i't-~..i~w'.;:;'--' ~~ ~ :,;;'~_~Jl~,JTL 1 ~_ ",_ ~_~=,. ,:,', ~~~_~~~iiio1il~iIlillif ~ "I ,;',' ..~),-'" ",,'c', ,-0<",'~ ,,--,,-~ ' l~-~ (j C :P' -0 e0 jTlj'i" ~,t ~c ~z: 5=: ",-."-- ':;'''c ~ "~,, o~~ ,,", ~_ '"~~~ <"~' _c .~ "'~ _ ,.-~_ .,,-- C:) ~ =v :;.0 C'.\ -~', L__,' ""j'; "i'~, -a f~d -+~ r:? :.J1 ,0 , ' ,)10(1 ':::_~, ;.~ ~ "