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HomeMy WebLinkAbout01-05497.. ~~ I1V THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N,ATiONAL CITY MORTGAGE CIVIL DIVISION COMPANY, assignee of PNC ~~ ,,// MORTGAGE CORP. OF AMERICA, NO. Ol - S~~FQ7 ~.tv~l, ~£!L.),-~ COMPLAINT IN EJECTMENT Plaintiff, vs. MICHAEL S. ASKINS and TINA M. ASKINS, Defendants. Code: EJECTMENT Filed on behalf of Plaintiff Counsel of record for this P~Y~ Louis P. Vitti, Esquire PA LD. #3810 Supreme CourC #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412)281-1725 COMPLAINT IN EJECTMENT 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 ~; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF „~~~ AMERICA, NO. Q (- ~9 `1 (st,uiY Plaintiff, vs. MICHAEL S. ASKINS and TINA M. ASKINS, Defendants. COMPLAINT IN EJECTMENT AND NOW, comes the above-captioned Plaintiff, by and through its counsel, Louis P. Vitti & Associates, P.C. and Louis P. Vitti, Esquire, who files this Complaint in Ejectment as follows: 1. The Plaintiff is a corporation having a principal place of business located at 3232 Newmark Driv, Miamisburg OH 45342. 2. The Defendant(s) are individuals, sui juris, whose last known address was 320 Shady Lane #6, enola PA 17025. 3. On January 6, 1994, the Plaintiff or its predecessor in title lent to Defendant(s) and/or their predecessor(s) in title, the sum of Seventy Eight Thousand Five Hundred Twenty Four ($78,524.00) Dollars, and in consideration thereof, the Defendant(s) and/or their predecessor(s) in title, executed a mortgage which was recorded on January 7, 1994, in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book Volume 1190, page 1132. 4. The premises secured by the mortgage (hereinafter "the Property") are described in the document that is attached hereto, made a part hereof, and called Exhibit "A". 5. The mortgage provides that, in the event of default, the holder thereof has the rights, inter alia, to take possession of the Property and to foreclose the mortgage. 6. Since September 1, 2000, the mortgage has been in default by reason of the failure of the mortgagor(s) to make appropriate payments. 7. An action in mortgage foreclosure was instituted in the Court of Common Pleas of Cumberland County at No.01-775, Civil Term, and ultimately a sheriff s sale of the Property -- at which Plaintiff or its predecessor in title was the successful bidder -- occurred on September 5, 2001. 8. Plaintiff, National City Mortgage Company, et al, has the right to immediate possession of the Property. 9. Defendant(s) and/or all other occupants continue to occupy the Property. 10. Any alleged claim of Defendant(s) to possession of the Property is as or through the owner(s)/mortgagor(s) described in Paragraph 3 hereof. WHEREFORE, Plaintiff prays Your Honorable Court enter Judgment in favor of the Plaintiff, National City Mortgage Company, et al, for sole possession of the Property and vesting the title of said premises in the Plaintiff. Respectfully submitted, LOUIS P. VITTI & ASSOCIATES, P.C. By: C/ / o Louis P. Vitti, Esquire Attorney for Plaintiff w -~~ . ~. „~:.. ALL t'A,i1T CESTAIM lot o; parse; q! load aia TeMAOhl$ 02:dut Pknn~6oro, Cooney ol.CUab~rtsnd.-and o! P~t-nay;9aala, voce pertioularlp bounded ind i fellotia, !q rit, aa,4C~f~~sD aoeecdln9 to a sncvap .by D. P. Ya: A.S., aala¢'lIaY911ber 2, 1953.y bginy.'-Lat:lto. 95 as Lonir park;' as r~eoc4~d Ln pion Hook s, rsye~ 30; Conney etaosda. BEING'KRgI~( and nwbezed ae 95 Aeaold Goad, ~ raer o! b' and r!!e, ! ;C-:, A ~3r~ Wry~~,v ` ro of ~o e~ C~flla9D i0 8E A t11tJFAfm FXAGT COPY Cf THE Oa1GG`U1L EXHIBIT "=" ~~. VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint in Ejectment aze true and correct to the best of his knowledge, information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virhre 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. . ~r Loui .Vitti Dated: September 18, 2001 C~ .~ N ~ .~ ,~ ~ .~] ~ ~- m ; r; --~ ~_, ~ ~~ ~ ~ y `=_ ~= cn ~~:.~„_ . m... ,~ SHERIFF'S RETURN - REGULAR „ CASE NO: 2001-05497 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS ASKINS MICHAEL S ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT MICHAEL S the DEFENDANT at 1648:00 HOURS, on the 25th day of September, 2001 at 320 W SHADY LANE #6 ENOLA, PA 17025 TONYA ASKINS, DAUGHTER was served upon by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof 95 Arnold Rd Enola is vacant. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me tDQhis d ~ `~ day of 1KU n.~e, Q.. ~~ A.D. L h~,.,s.. /,I ~~DO.., nO~ So Answers: ~~~%~ R. Thomas Kline 09/26/2001 LOUTS VITTI By: epu Sheriff rothonotary SHERIFF'S RETURN - REGULAR .' CASE NO: 2001-05497 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS ASKINS MICHAEL S ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon ASKINS TINA M the DEFENDANT at 1648:00 HOURS, on the 25th day of September, 2001 at 320 W SHADY LANE #6 ENOLA, PA 17025 by handing to TONYA ASKINS, DAUGHTER a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof old Rd Enola is vacant. Sheriff's Costs: So Answers: Docketing Service 6.00 . 00 ~.~,~~~. Affidavit .00 Surcharge 10.00 R. Thomas Kline nn 1V.VV Sworn and Subscribed to before +z me this_~2fr day of ,~ p- ~av~ A . D . ~7'~ ~~.~ P o honotary 09/26/2001 LOUIS VITTI By: e ty Sheriff ~. 11V THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CIVIL DIVISION COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, NO. C91- S'Y47 ~w;~,`~~-.-L COMPLAINT IN EJECTMENT Plaintiff, vs. MICHAEL S. ASKINS and TINA M. ASKINS, Defendants. Code: EJECTMENT 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 l~ 1®eTi~~®4'1~~Yd`~~I hi~'^k, •; .3.~. -T 9.1~6~i~b~v~~~iYat~4 and 4he sea9 ~s sa~~ ~~,~ ; ::,~ ;:a3~~s9e, Pa. Th( -day o€ ~ , ~ othonotary COMPLAINT IN EJECTMENT 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 AJUDGMENT-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 F ORTH BELCZ~' TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION ~; 2 LIBERTY AVENUE CARLISLE, PA 17013 * 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, NO. Plaintiff, vs. MICHAEL S. ASKINS and TINA M. ASKINS, Defendants. COMPLAINT 1N EJECTMENT AND NOW, comes the above-captioned Plaintiff, by and through its counsel, Louis P Vitti & Associates, P.C. and Louis P. Vitti, Esquire, who files this Complaint in Ejectment as follows: 1. The Plaintiff is a corporation having a principal place of business located at 3232 Newmazk Driv, Miamisburg OH 45342. 2. The Defendant(s) are individuals, sui juris, whose last known address was 320 Shady Lane #6, enola PA 17025. 3. On January 6, 1994, the Plaintiff or its predecessor in title lent to Defendant(s) and/or their predecessor(s) in title, the sum of Seventy Eight Thousand Five Hundred Twenty Four ($7$,524.00) Dollazs, and in consideration thereof, the Defendant(s) and/or their predecessor(s) in title, executed a mortgage which was recorded on January 7, 1994, in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book ~Jolume 1190, page 1132. 4. The premises secured by the mortgage (hereinafter"the Property") are described in the document that is attached hereto, made a part hereof, and called Exhibit "A". r 5. The mortgage provides that, in the event of default, the holder thereof has the rights, inter alia, to take possession of the Property and to foreclose the mortgage. 6. Since September 1, 2000, the mortgage has been in default by reason of the failure of the mortgagor(s) to make appropriate payments. 7. An action in mortgage foreclosure was instituted in the Court of Common Pleas of Cumberland County at No.01-775, Civil Term, and ultimately a sheriff s sale of the Property -- at which Plaintiff or its predecessor in title was the successful bidder -- occurred on September 5, 2001. 8. Plaintiff, National City Mortgage Company, et al, has the right to immediate possession of the Property. 9. Defendant(s) and~or all other occupants continue to occupy the Property. 10. Any alleged claim of Defendant(s) to possession of the Property is as or through the owner(s)/mortgagor(s) described in Pazagraph 3 hereof. WHEREFORE, Plaintiff prays Your Honorable Court enter Judgment in favor of the Plaintiff, National City Mortgage Company, et al, for sole possession of the Property and vesting the title of said premises in the Plaintiff. Respectfully submitted, LOUIS P. VITTI & ASSOCIATES, P.C. ay: Louis P. Vitti, Esquire ' ~ Attorney for Plaintiff - y ~ _ .. _.. -.- ~nxmrd,.2.ri,. •~ aw~sa~neeorora..va....e....~.~_.-,. - ~ eeheduia A /~ f e L~ < ~~~ I~S ~~_. _ JILL SRi1T CE8T1-2g lot o; pazoal.o! lend aitnats 3 Toimshii! Oi'~1Saat Pennsboro, Coynty of Cutb~riand and Cgps~nr~ fol'1~~ aY$s,.anii, ror• partioularlp bonnaed aad deicaibOd~ , tq vit: Da4C~xasD agCOtdiny to a snzoaY.by D. P. tall4niyal~~; Lonii Park4: aap r~eord.d t9n pica 89 kbS,~pages So. Cabs; ~.- Conney taeoida.- BESNQ'1f8g8{ and nuabered as 95 JlraoiA RoW, ~18t'-?d.. 882NG S8! HANE P~(~88D•y82C8.~1/illiaa 1-s~Lut ~' n Sllab Naria -;iEOtriaq; bgsb~#id .and wl'las:: ~ desd d i~9 ~~~,,~~,maa 1490 enQ iatendid eo be taeora~t a3initan~'aiobii~~, a~ s5 r`~5,: O!lioe of tba tiacozdrr o! D`eida in ....a' s.._ ~' ~etev~~~ ~ ^#i~m Dwww_.a ..__r-. _ -. waSiAa, 40ab® COpY~(.~a ~ Tp 4F ~ GF JL~ ~ ThF ~v~ 4 ~ p~~ l `4~ (l~~ 19` C CBtill9ED t0 6E A TRUE Ata9 EXACT LOPY Cf ~!!E OWGi,`!AL ~,~' m ~~~ ~- ~IB~ w ~ n ~ ~ ";~; VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint in Ejectment are true and correct to the best of his knowledge, information and belief. I understand that false statements herein aze 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 suff dent knowledge, information and belief based upon the information provided him by the Plaintiff. ~~ Loui .Vitti Dated: September 18, 2001 m~Ra~..a' . w.~:~_ s k~ akh.~,-.: ., i .,e.,,. -. a.1 m,m .r. 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