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Home My WebLink About01-03761 =~ -., ~ _'_' _"T', ,'-~'- -, "'~"''''''''',-_-"" -i_-""""~'"",,,_>,_,,,,-'i-" -$'{ . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION NO. 01 - 37'-1 Cvil y~ Plaintiff, COMPLAINT IN MORTGAGE FORECLOSURE vs. DIANE L. BROOKS Code - MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA J.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 .(.' '--<'"' .. ,'- ",~ .,:..,~~..- ,,--,.-,- 'n' "d- ,,; ';;"":'''-'''' ";_'~'-'~-'~'1J",~",;, '--' - ',,-__~._ , "";~o'1-",,0 ~;t 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 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 <'-'" ." e'; "''-';''_',.;"~,'' ,-X",.,,;,-,,--- , -,;"'.;rih,,,{,;'; -~'--'"--;-';-,\,,,,"-,,:, ;,' 5-.i_ ;;;"~'>~f; 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: 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 3232 Newmark Drive, Miamisburg, Ohio 45342. 2, The Defendant(s) is/are individuals with a last known mailing address of P ,0> Box 303, Summerdale, P A 17093. The property address is 209 First Street, Summerdale, P A 17093 and is the subject ofthis action. 3, On the 9th day of August, 2000, in consideration ofa loan of Sixty Three Thousand Eight Hnndred Fifty Five and 00/100 ($63,855.00) 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 10th day of August, 2000, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Vohnne 1631, page 931. 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: SEE EXHBlT "A" ATTACHED HERETO, 5, Said mortgage provides, inter alia: , ,.,< . ,,~.,> ~- .~,' ., ',' C." ~~ ,>', ,-- 'C.;.:..., "., ~." --:1~ "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 Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6, Since January I, 2001, the mortgage has been in default by reason, inter alia, ofthe 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 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 I 147(6), Plaintiff demands judgment for the amount due of Seventy Three Thousand Five Hundred Fifty Four and 39/100 Dollars ($73,554,39) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. 1 I / .--'-- Bl/ ouis P. Vitti, Esquire Attorney for Plaintiff '"l .,' , ~" ,~---;-.- ,.,-;."-,,-,<',-~",,,-,',' o-',r,,;,-~_~.';, "--'if ,. ~'c~l; BROOKS, DIANE L. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 63,735.08 Interest 8.7350% from (Plus $15.2528 per day after 12/01/00 6/30/01 through 6/30/01 3,218.33 ) Late charges through 6/13/01 o months @ 22,95 Accumulated beforehand (plus $22.95 on the 17th day of each month after 114,75 6/15/01 ) Attorney's fee 3,186.75 Escrow deficit 3299.48 (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 73,554.39 ". t t ~. Exhibit A ALL that tertaln piece n1' parcel nl land ~tuate In East Pcnnsbol'O Tnwnship, Cumberland Counly. Pennsylvania, bounded Dnd described as fOlln",s, to wit: BEGINNING at a point In the western line of Front Street, .ald point being one hundred silty-two and one-'haIf (16211,) feet, 1U0re or less, south of the snuthwest cOrner of the intersection of Wayne and First Streets. at oroPPnslte the center of the partition wall dividing the property now or formerly of Kenneth L. Potteiger and Mildred E. Potteiger, his wife, and the dwelUng on the lot hereby conveyed: thence westwardly througb the center oflhe partition wan dividing said properties and beyond two hundred thirty-eight (238) feel, more or Jess, tn the eastern line of Water Street; thence southeutwardly 1Il0ng the eastern line nrWator Street forty and ninely-nne one hundredths (40.91) feet to tho northern line of Lot No.3, Section "B", on the hereinafter mentioned Plan of Lots; thence eastwardly along the northern line of Lot No.3, Section "B", two hundred !birreen (213) feet to the western n..e nfl'lrst Street; the.... northwardly alnng tbe western line ofFlrsl Street thirty-two and nne-balf(32l-\) feet, mnre or less, to a pnlnt;the place of BEGINNING. B&ING the southern part of Lot Nn. 4, SeelinD "B", in th Plan ofSUrlJmerda/e, as recorded In the oroce of the Recorder of Deeds in and for Cumberland County, , l'enDsylvauia in Plan Book 1, Page 44. HA VINO thereon erected the $outhern one-half of a two and one-half $tory frame dwelling known and nllmbered as 209 First Street, Summerdal.. Pennsylvania. . ~. , BEING tlte same premises whiCh DavId A. Ernnn, ~ granted and ct>Qvcynd to Piano Bronks, slnglt\ penon, BOlTowe. horoln. TSS2<o,0002~ .book1631 tAGE. 939 ~ <.,~ ,- -'0' ,",d;, '. < .~- :-~ " ~ ,', ;.'1"" ,- ,~.......j- VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Dated: June 14, 'Jool ~_j~~~~~~::$W,,~,}.!%t.>~";':w-~~:a:' . ""' _"n, ~ ~J"'''-- Jl '~::v~'"-..liIi,niJ ~ p ~ "69. 0 CJ 't .t c ~ ~::: '- G 0 D ""01"'. CD ~-t._~ ...~- & . 6}'~; .:::::- ~ 6 co ~i:-) W ...:J ~f~ #Ti ...... '--t::. I Gv r: ~ :,..l ( :z :.-j '-1 -:.)'1 :0 ,-< .0 ~~ t '--C.,