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Home My WebLink About01-05426~ R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CIVIL DIVISION COMPANY, / NO. ~- -syz~ ~tc~~`~E~m Plaintiff, l• COMPLAINT IN MORTGAGE FORECLOSURE vs. ALVERT C. SINGER, JR. Code -MORTGAGE FORECLOSURE Defendant. 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 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 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. 2. The Defendant(s) is/are individuals with a last known mailing address of 124 Chester Street, Carlisle, PA 17013. The property address is 124 Chester St, Carlisle, PA 17013 and is the subject of this action. 3. On the 7th day of October, 1998, in consideration of a loan of One Hundred Nine Thousand Nine Hundred Eighteen ($109,918.00) 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 8th day of October, 1998, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume '488, page 285. 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 EXHIBIT "A" ATTACHED HERETO. 5. Said mortgage provides, inter alias "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 April 1, 2001, 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 smn 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 One Hundred Twenty Two Thousand Twenty Seven and 48/100 Dollars ($122,027.48) with interest and costs. Respectfully submitted, LOUIS P. VITTI & PiSSOC., P.C. BY Louis P. Vitti, Esquire Attorney for Plaintiff SINGER, ALVERT C., JR. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest 7.0000 % from 03/01/01 through 9/30/01 (Plus $20.5553 per day after 9/30/01 ) Late charges through 9/13/01 0 months @ 37.82 Accumulated beforehand (Plus $37.82 on the 17th day of each month after 9/13/01 ) Attorney's fee Escrow deficit (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 107,181.36 4,378.29 83.20 5,359.07 5 2. 122,027.48 .YLL that trstaia tract of lead with the iotprovtaamts thereon erected sittmte is Ntnih Middtctnn Township, Ctunberlsad County, Pennsylvania, botmded and destm'bed as fuUows- SF.INq Lot No. 22 on the Ylaa No. 7 of NoQ Mahar as fenorded in rite Of&ee of the Itecardcr of Deeds for Cnmberlmd Cottrtty is Plan 73aak 23, Page 119; totttainwg 10839 feet along Chester liasd, having sn ate length along the carve leadutg m Itaehrl Drive of 27.33 feet, having a depth along the West along Rachel Drive of 99.39 feet, havlag a width in the rear along the South of 125 fact, cad harmg a depth clang the East olong Stxlion A afNoU Manor of 90 fat. ItF.i7VG improved with a ranch house with attached garage lmown as Na. I24 Cluator Street, Carlisle, SSINC the same premises conveyed by Ira T. Horn and Edaa M. Horn, his viYe, by deed of even data and inCended to ba roeorded simul caneously hareuich in Che OYPiee oY the Recorder aP Daeda oY Cumberland CounCy, Pannaylvania, unto A1varC C. Sinner Jr., the Mortgagor herein. - State o! PennaylVania tt County of Cumbarlandl- t30 Recor~fed to the'aHice for tire-reoordlnU of Daads of tlOUY~S~iBPACf Tt2~3 9~P ~Z, x ~~ ,~ 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: September 13, 2001 I~ 1` ,^~ //~_ v, ~ C CO .(~' c; C :> w ri', R"i i~' ~.i-' 4__ f%-'; ~i,. ~ -, i fTt .~ ~J ;..J :n c., c~ -n i.- '.~r~-i ;i Y -,4 .,1r ,ci _~ ~ ~ ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CIVIL DIVISION COMPANY, Plaintiff vs. No. 01-5426 Civil Term PRAECIPE TO SETTLE AND DISCONTINUE ALVERT C. SINGER, JR., Code 140 ~ MORTGAGE FORECLOSURE Defendant. Filed on behalf of Plaintiff Counsel of record for this P~Y~ 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 _..~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff vs. : No. OI-5426 Civil Term ALVERT C. SINGER, JR„ Defendant. PRAECII'E TO SETTLE AND DISCONTINUE TO: THE PROTHONOTARY KINDLY settle and discontinue Plainti$'s case in the above-captioned matter. LO ~ P. VITTI & ASSOCIATES, P.C. BY: ~t . Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 25`s day eptember, 2001. Notaey Pubfic 4.a O RIALSEAL Ann M. Gonzales, Notary Public City of Pittsburgh, Courny 49 pilegheny My Commission Expires Aug. Y 7, ZOQ4 i,.a „i,~.3t3ntdxl,~ a.o~ns lzv~.,. _~J.=. ..-.~+, ~., d-.., =a. c'~~~. x±.fe~b~s~i "w~ts+~~~s'w.ear;..raM.uear~+s~~+H~.ttmr."!~a~+d~3tV3~N41~Y~'-~ ~'I~tl'-°~tl1••°•"• ~ ~" t C. tYYs C_ ..... { +) tT,fi; -~~ "t~ - ti ~r _ _ w:4 U~ :. 1.= ..... +, Y ~ f~ t) - ~4 w ^ K Cu.~ -G ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-05426 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS SINGER ALVERT C JR KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SINGER ALVERT C JR the DEFENDANT at 1505:00 HOURS, on the 19th day of September, 2001 at 124 CHESTER STREET CARLISLE, PA 17013 by handing to JUSTINE SINGER, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 So Answers: '/ ~/~ 3.25 ~ 7~' .00 10.00 R. Thomas Kline .00 31.25 09/20/2001 LOUIS VITTI Sworn and Subscribed to before By: met this d P `= day of ,./1~ /0'~,.O~.~ ~nof A.D. Prothonotary