The URL can be used to link to this page

Home My WebLink About01-07074 r~" . ! - ~_ nr -q. -.~ ',' J,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i NATIONAL CITY MORTGAGE COMPANY d/b/a ACCUBANC MORTGAGE CORPORATION, CIVIL DIVISION l' 1'-; NO. DI - 1071 Cu~L 't-~ " " " :'": , ~ '; Ie! COMPLAINT IN MORTGAGE FORECLOSURE :) Plaintiff, r:' vs. Code MORTGAGE FORECLOSURE BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL, Filed on behalf of Plaintiff Defendants. Counsel of record for this party: :-: i ! Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 j' i Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 j,j i i; I'; I (412) 281-1725 I',: i I i ;.i i-, , ~H~JLY:l,[ " " ';'-;-',~<~-0-''':'''+'-''''-'''~'~''''-'5'-_'~'~''-',~y-_ >1..--, ,'J' f'':''_''- - -, -X_;_' '\0<-- - ~ ,,>,,- ," -~"'" 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 C'.~,!f-2(~ ,~ ~.","_, ,-H~" >_,.,r_, ~;,_",_~""",. "',_,\_ ""-21'- "'\"'",_, '"I~' ,_ ~.,.,.",,~.~ "^ ,',_ ~_\. -"'~-"j,",;,,-'J~~__,~",_',,_~~,_,_;" ,,~,-_,_ 0,,'"""_<'._ - -~ '" ;~\i:1~-O COMPI ,ATNT TN MORTGAGE FORECI ,OSlJRE AND NOW, comes the Plaintiffby 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, OH 45342. 2. The Defendant(s) is/are individuals with a last known mailing address oB02 South Enola Drive, Enola, P A 17025. The property address is 302 South Enola Drive, Enola, P A 17025 and is the subject of this action. 3. On the 28th day of June, 2000, in consideration of a loan of Eighty-Six Thousand, Eight Hundred Fifty-Six and 00/100 ($86,856.00) Dollars made by National City Mortgage Company d/b/a Accuhanc Mortgage Corporation, an OH corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Company d/b/a Accubanc Mortgage Corporation, an OH corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Company d/b/a Accubanc Mortgage Corporation, as mortgagee, which mortgage was recorded on the 13th day of July, 2000, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1625, page 232. 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.) ""~~ '-,,' ~'<',~,'A;'""_--,,--,,,,",-,i':'<" '~i,c,,' "'-"~'~'~'_',""~'J:;::;':-:'-' "'-" - ",-,.' , . . '"~. -~"""~"';'., . - ",. . ~,--.. ..,. .~ , ~'!P-~j"_nl~ 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 Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since June 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 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 St,TVed 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 Thousand, One Hundred Fifty-Seven and 57/100 Dollars ($IOO, I 57.57) with interest and costs, Respectfully submitted, :~ Louis P. Vitti, Esquire Attorney for Plaintiff ';"~"",".,~\ ,-t:;~-:':~:~t/<:~;,'<!<:.c""--fi- ~ ~ -- '..,"" -~, '-;', ~!'~_\">I' ,~-'-:', .., ;,-. -.~ --,-" - .~ " ,Fr_ , ,,~ '1--- ,,'~- " -.., "" ..~. - I' ~~(' \1r^"'~ . CAMPBELL SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 86,352.48 Interest @ 8.8750% from (Plu& $20.9967 per day after 05/01/01 through 12/31/01 ) 12/31/01 5,I23.19 Late charges through 12/14/01 o months @ 33.51 Accumulated beforehand (Plus $33.51 on the 17th day of each month after 201.06 12/14/01 ) Attorney's fee 4,3I7.62 Escrow deficit 4.163.22 (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 100,157.57 , "'*'I1K;~",. '_".Me.__>_.,'~ '-/';1>"-7'-';'""'",: ,',. '~-'r,,;;"., "', . . , ~,~ '",-,,~--,., .,. .e.< ~.."', .,,,.c?,,,._,,_~, '. .. ,-' '>c'-'" , ,'~. tl"''''''""'''''''''' = . Le9al Descriptions: All that certain property situated in the TOWNSHIP OF EAST! PSMNSBORO, in the County of CUMBERLAND, and the Commonwealth Of PENNSYLVANIA, being described as follows: PARCEL #09-15-1291-308 and being more fully described in a deed dated 06/28/2000, and recorded 07/13/2000, among the land records of the county and state set forth above, in Deed Book 225, page 257, Elmsrr · . Y;'7'\M:;;:1W-' . ,.. .t;".- .~. 0._'_ "j~",'~,'.,","_~~ -:r '~, VFRIFICATION 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. ~~ Louis P. Vitti Dated: December 14, 2001 '"~,, ;c.'_c,,' ;'-".".-);_,~~'-_","""_'~_"-" _.- ,"-,- _--~'"'.-r:,,'- :' - .~~ '," ,.,--. ., -,--,,~~ ,'.' -- .' ,.,.,--,_ , " 'h',_. "i"~, '_-;'" - ~-. ,. -1- ''''''' r ,""-.<"",,.-m ~ ,- ~<",-"-~,,",,,-~'''.';O-'"'''- ~ =H~~. << -'<-'~'--illilijr~l'lItll"'i"~~-iiiN' , ' . IV ~ ~ "'- <: ~ .t: () ~ 0 0 ~:; ~ (j- ~ . ""t)f-'> -", f 0 l~}(~; (0 - ~ (). 6 ~::.,; ---~ ...... 0 / ~ (/_, ~"..-,.; ~~ ~-:: J ~ ~~:" '- ~ ~> ::,~ ~ .J> " .e :)"i ~ (1"\ '~t_"." ',>","m,.~.."..e.,."",'_'''"" . oe, 'W,,,, 0',",' .,..0 ,'" ."'" -c""?-,J____~ '. -1-J!llJ:{1"~t'L-~ ',,<1,~ ""'.c'" ",J~1~~~'~~!tii,_,",;~ _>e~~ --,,-" ,-,"-' , ;-- ,,-'> .,"-~ .h", ~-' ,_~~ . ^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY d/b/a ACCUBANC MORTGAGE CORPORATION, CIVIL DIVISION '707'( NO. 01~CIVILTERM PRAECIPE TO SETTLE AND DISCONTINUE Plaintiff, Code MORTGAGE FORECLOSURE vs. BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL, Filed on behalf of Plaintiff Defendants. 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 '.'."I'M-"'-""l'-_.,.. - ,'''''''' "^"_ '"'.~",""CO"~.~.f'1>. '".m .~_ ",., .<M.o~ ,~, .v~_~_"__,? _~~''<-_~' '.,T....'." . ,."e- n...' . ~" ,'" .,. T - ,-".. ". .."."", ---~,,~".', _,. _ _b .'--_ ~,-,,_._, ' -- _ ",~-__,_ _ '''-0 .Cw ~, ,-- - " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE CORPORATION, NO. 01-7074 CIVIL TERM Plaintiff, vs. BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL, Defendants. PRAECIPE TO: PROTHONOTARY OF CUMBERLAND COUNTY KINDLY settle, discontinue - Verdicts, Judgments, Executions, Awards, Decrees, Equity, Liens, Counterclaims or Cross-claims and Plaintiff's case as to Defendant(s). &~68.iW Lo IS P. Vitti, Esquire Attorney for Plaintiff , I hereby certify that the foregoing is a true and correct statement of the above case. SWORN TO and subscribed before me this 4th day Notarial See( 5Ed1er. NoIary Public Pi . . County MvComml ~ 10. 2002 emIler, Pennsy\Val11e A9SllCIaII(Jn ot NotarieS :,'~'?Al'-1!"'-;;_ -. _ _!'''h~_ ',_,_,!,,,~-,~.~,-,,;,,:~_ '_,:".__ ~'-"'s- "_~_'_"'_'."~ ~ ,'_ ,:.1"" ,_',o~, _ (" ",,__~, " """ _, "C".' ,', ,,,,,,_,,,;,,,>"'?;-,7,'~_"__" ,," ,~ ~ ",,'< .,.,.." M .'. .. ...., .',."."...... ~ "---~,,~..--,- . -~ -~ , '---I''''-~'''-'-'''O''''''-'';~'''-"'''''''11Im 'i>."Yr~ '''lier'; '"'~":--~( 'J)it11'-~,Ir-~ft1ji&j"'- j""':1'''' )). ''''f;> , 0 c. C f'...,) ~- '''t~ rT'-i .~~ cpri~l .e_::J,1 ~~- 7..-- ~c ~(;' "-..i ~- -:':: o:t:;c; "'~c" ~""""'" Pc !'-' .' 2~ ':.n =<! 0:;, --~, i :cs r!1 '--'( - ':-' ;,,,;-.~JIIi}'~c~-~~~~~~~~~$. '7?~~~~:n~~~lf_.l.l::~_~;";' SHERIFF'S RETURN - REGULAR .,.,~ ~~~ CASE NO: 2001-07074 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS CAMPBELL BRADLEY R ET AL ",- JASON VIORAL , Sheriff or Deputy Sheriff of - - .' Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CAMPBELL BRADLEY R the DEFENDANT at 1840:00 HOURS, on the 20th day of December, 2001 at 302 SOUTH ENOLA DRIVE ENOLA, PA 17025 by handing to BONNIE CAMPBELL, ADULT IN CHARGE 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 9.25 .00 10.00 .00 37.25 R. Thomas r~-,~~ Kline day of 12/26/2001 LOUIS VITTI & ASSOC. ~~4~ ~~~ ty Sheriff // ~-,.//--- t/// By: Sworn and Subscribed to before me this $It&- ~U'l .2I.I1J.L.- A.D. ~J'(l )},,/(,. 0 ~tf' Prothonotary) \ "'"- ... .... -- ..- "'.c . ">"",L-,.",,,,,S7.iTI. ~ :---"- ~'''.- "~""''''''-'''''''''""1'''''''-~-~'''' SHERIFF'S RETURN - REGULAR .. .,.' ~''/., CASE NO: 2001-07074 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS CAMPBELL BRADLEY R ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CAMPBELL BONNIE G the DEFENDANT , at 1840:00 HOURS, on the 20th day of December, 2001 at 302 SOUTH ENOLA DRIVE ENOLA, PA 17025 by handing to -. _. BONNIE CAMPBELL 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:.. ,.",..,/ ~ '.v~'>&.tf'~.,~ ...- ...... "".... 6.00 .00 .00 10.00 ,00 16.00 R. Thomas Kline ...,. 12/26/2001 LOUIS VITTI & ASSOC. - ~ Sworn and Subscribed to before By: .., ~~ ./:./ , . /'~t Sheriff {/ (,..~ me this 6 ""'" day of C?""'H'f ;LovJ-- A.D. ~>'I.uQ 7YIdJ,AC> ~' Jirothonotary "~""i'1i"~~W'-\~, " <'" I ~ ' !~ ---~. .<~--" ,,,,,,,"~",,~~,,,,,;;;;-,,