HomeMy WebLinkAbout07-4092
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HOME LOAN CENTER d/b/a CIVIL DIVISION
LENDINGTREE LOANS
NO. D7- ~dCja C i vi 1 Term
Plaintiff,
vs.
JACK A. MYERS and BETTY A. MYERS
Code -MORTGAGE FORECLOSURE
Defendants.
COMPLAINT IN MORTGAGE
FORECLOSURE
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
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
HOME LOAN CENTER d/b/a LENDINGTREE LOANS ) d ~ yd gZ
Plaintiff, ) NO:
vs. )
JACK A. MYERS and BETTY A. MYERS )
Defendant(s). )
COMPLAINT IN MORTGAGE FORECLOSURE
N TI E
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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT IN MORTGAGE FORECLOSURE
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 c/o 1820 E. First Street,
Sutie 210, Santa Ana, CA 92705.
2. The Defendant(s) is/are individuals with a last known mailing address of 363 Burgners
Road, Carlisle, PA 17013. The property address is 363 Burgners Road, Carlisle, PA 17013 and is the
subject of this action.
3. On the 21st day of July, 2006, in consideration of a loan of Thirty Thousand Eight
Hundred and 00/100 ($30,800.00) Dollars made by Mortgage Electronic Registration Systems, Inc.
(MERS), a DE corporation, to Defendant(s), the said Defendant(s) executed and delivered to Mortgage
Electronic Registration Systems, Inc. (MERS), a DE corporation, a "Note" secured by a Mortgage with the
Defendant(s) as mortgagor(s) and Mortgage Electronic Registration Systems, Inc. (MERS), as mortgagee,
which mortgage was recorded on the 28th day of July, 2006, in the Office of the Recorder of Deeds of
Cumberland County, in Mortgage Book Volume 1960, page 138. 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. Subsequent thereto, Mortgage Electronic Registration Systems, Inc (MERS), a DE
corporation, assigned to the Plaintiff, Home Loan Center d/b/a Lendingtree Loans, the said mortgage, that
assignment being recorded in the Office of the Recorder of Deeds of Cumberland County and the said
assignment is incorporated herein by reference.
6. 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."
7. Since July 21, 2006, 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.
8. 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).
9. The amount due on said mortgage is itemized on the attached schedule.
10. Pursuant to Pennsylvania Rules of Civil Procedure 1144 the Plaintiff releases from
liability for the debt secured by the mortgage any mortgagor, personal representative, heir or devisee of the
mortgagor who is not a real owner of the property as evidenced by the last recorded deed of record at the
time of filing this Complaint.
WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff
demands judgment for the amount due of Thirty Eight Thousand Three Hundred Ninety Six and 15/100
Dollars ($38,396.15) with interest and costs.
Respectfully submitted,
LOUIS P. VITTI & ASSOC., P.C.
~MYERS
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance 30,800.00
Interest @ 11.2000% from 08/01/06 through 7/31/2007 3,440.15
(Plus $9.4510 per day after 7/31/2007 )
Late charges through 7/2/2007
0 months @ 0.00
Accumulated beforehand 0.00
(Plus $0.00 on the 17th day of each month after 7/2/2007 )
Attorney's fee 1,540.00
Escrow deficit 2,616.00
(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 38,396.15
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Order Number: 8951787727
Borrower's Name: Ml'ERS
Exhibit A
BEGINNING AT A POINT IN THE CENTER LINE OF TO'UVNSHIP ROAD NO.
957 AND LINE OF LANDS NOW OR FORMERLY OF GARY L. MYERS ET UX;
THENCE BY THE LINE OF-LANDS NOW OR FORMERLY OF SAID GARY L.
?VIPERS, ET UX, SOUTH 22 DEGREES 39 MINUTES WEST 287.28 FEET TQ A
POINT AT CORNER OF LANDS NOW OR FORMERLY OF VERNON E.
WiCKARD; THEi~TCE BY LINE OF LANDS NOW OR FORMERLY OF SAID
VERNON K WICKARI} NORTH 7i DEGREES l3 MINUTES 09 SECONDS
WEST 12t?;70 FEET TO A POINT AT CORNER OF OTHER LANDS NOW OR
FORMERLY OF VERNON E. WICKARD THENCE NORTH 22 DEGREES 45
MINUTES EAST 300.00 FEET TO A POINT IN THE CENTERLINE OF SAID
TOWNSHIP ROAD N0.957; THENCE BY SAID CENTER LINE, SOUTH 69
DEGREES t}I MIATUTE EAST 12fl.00 FEET TO A POINT, THE PLACE OF
BEGINNING.
Ah`D CONTAINING .82 ACRES, ACCORDING TO SAID SURVEY.
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VERIFICATION
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: July 2, 2007
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SHERIFF'S RETURN - REGULAR
C'~`,SE N0: 2007-04092 P
s
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOME LOAN CENTER ET AL
VS
MYERS JACK A
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
MYERS JACK A the
DEFENDANT at 1544:00 HOURS, on the 12th day of July 2007
at 363 BURGNERS ROAD
CARLISLE, PA 17013
BETTY MYERS
by handing to
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
p~lt~~b~ ~.~/
Sworn and Subscibed to
before me this
of
So Answers:
18.00 ~
5 . 7 6 ''' ,~,/s'''}`
10.0 0 R . TYlomas Kline
.00
33.76 07/13/2007
LOUIS VITTI
By:
day D ut Sh if
A.D.
SHERIFF'S RETURN - REGULAR
SASE NO: 2007-04092 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOME LOAN CENTER ET AL
VS
MYERS JACK A
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
MYERS BETTY A the
DEFENDANT
at 1544:00 HOURS, on the 12th day of July 2007
at 363 BURGNERS ROAD
CARLISLE, PA 17013 by handing to
BETTY MYERS
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 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
~') L ~ 01 (~,.., 16.0 0
Sworn and Subscibed to
before me this
of
So Answers:
`~~ w~'
R. Thomas Kline
07/13/2007
LOUIS VITTI
By:
day
A.D.
HOME LOAN CENTER
d/b/a LENDINGTREE LOANS
Plaintiff
v.
JACK A. MYERS and
BETTY A. MYERS
Defendants
IN THE COURT OF COMMON PLEAS OF
:: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 07-4092 CIVIL TERM
NOTICE TO PLEAD
You are hereby notified to file a written response to the within Counterclaim
within twenty days (20) days from service hereof or a judgment may be entered against
you.
HOME LOAN CENTER IN THE COURT OF COMMON PLEAS OF
d/b/a LENDINGTREE LOANS :: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. :CIVIL ACTION -LAW
JACK A. MYERS and NO. 07-4092 CIVIL TERM
BETTY A. MYERS
Defendants
ANSWER WITH NEW MATTER AND COUNTERCLAIM
AND NOW, come Defendants, Jack t~. Myers and Betty A. Myers, by and
through their counsel, Bradley L. Griffie, Esquire and the law firm of Griffie and
Associates and files the following Answer to Complaint in Mortgage Foreclosure with
New Matter and Counterclaim.
1. Admitted.
2. Admitted.
3. Denied. Defendants are of limited educational background and Defendant, Jack
A. Myers suffers from Parkisons Disease, such that any documents that they may
have signed on July 21, 2006 were not understood by them and were never
explained to them by the individual who asked them to sign documents.
Defendants are without sufficient knowledge or understanding to form a believe
as to whatever they executed a Mortgage or delivered a Mortgage, or executed a
Note or delivered a Note and specific proof thereof, together with proof that
Defendants signed any documents with knowledge and understanding and without
fraud or duress, is specifically demanded at trial.
4. Admitted. It is admitted that the description set forth in Exhibit "A" is a
description of the property located at 363 Burgners Road, Carlisle, Cumberland
County, Pennsylvania, which is owned by the Defendants.
5. Denied. Defendants are without sufficient knowledge or information to form a
believe as the truth of the averments set forth in paragraph 5 and they are
therefore denying with specific proof thereof being demanded at trial.
6. Denied. As the Defendants have no specific recollection or understanding of
executing a Mortgage and have not provided with a copy of any document that
they have allegedly signed, and as there was no explanation of what documents
they were asked to sign when a third party, unknown to them, had them sign
documents in their home on July 21, 2006, and as the Defendants lack of
knowledge or understanding of what was executed on that date, it is denied that
the Mortgage reads as stated and specific proof thereof is demanded at trial.
7. Denied. Defendants have no knowledge or understanding of executing a
Mortgage on July 21, 2006. Defendants have never received a notice to make
payments through monthly statements or coupons relative to any such Mortgage.
Defendants are without knowledge as to the terms of any alleged Mortgage. All
the averments set forth in paragraph 7 are denied with specific proof thereof being
demanded at trial.
8. Denied. It is denied that Defendants, the alleged mortgagors, have been provided
with any Notice of Foreclosure or any other writing from Plaintiff suggesting that
they are responsible for a mortgage and that the payments on said Mortgage are
delinquent. It is denied that the appropriate time period has lapsed since the
Notice of Intention to Foreclosures was served, as no such Notice was served on
the Defendants.
9. Denied. Defendants are without sufficient knowledge or information to form the
belief as the truth of the averment set forth in paragraph 9 and they are therefore
denied.
10. Admitted.
WHEREFORE, Defendants request your 1lonorable Court to dismiss Plaintiff's
Complaint.
NEW MATTER
11. Defendants Answers to paragraphs 1 through 10 of Plaintiff's Complaint are
incorporated herein by reference as if set forth in their full text.
12. Defendants never applied for a Mortgage with the Plaintiffs, although they have
seen a copy of Mortgage application with false and fraudulent information on it,
which information was apparently provided by a third party to the Plaintiffs.
13. Without having any prior contact with the Plaintiff, its subsidiaries, or any
company, corporation or individuals associated with Plaintiff, an individual
appeared at the Defendants' home on July 21, 2006, with "documents" to sign
relative to a "refinancing" of their small mortgage on their home.
14. Within approximately twenty five (25) minutes, Defendants had been asked to
sign a large volume of documents without explanation of their impact, meaning,
or intent.
15. Defendants' adult granddaughter and her boyfriend advised Defendants that they
should sign these documents, as it would lead to the ultimate sale of their home t:o
the granddaughter and boyfriend, as well as the assumption of any debt associated
with the home by them..
16. Defendants were never provided with a copy of a HUD-1 Settlement Statement at
the time of executing the stated documents nor since that time.
17. Defendants were never given the opportunity to review or read any documents
associated with the "refinancing" or whatever transaction occurred on July 21,
2006.
18. It is understood by Defendants through contact with Plaintiff s counsel that the
"refinancing" was conducted by Lending 'hrec Settlement Services, a division of
Plaintiff, or an associated agency, business, or corporation of Plaintiff herein.
19. The representative, who is now believed to have been from Lending Tree
Settlement Services, who appeared at the Defendants home on July 21, 2006, did
not provide identification or a business card so it is impossible for Defendants to
name that individual.
20. Defendants have no personal knowledge of what funds were secured through this
"refinancing," nor what funds were disbursed, nor the individuals, companies,
agencies, or other third parties to whom funds were disbursed.
21. Defendants have seen a copy of what appears to be a mortgage application in
which their names appear, but on which i=alse and fraudulent information appears
relative to their social security numbers, their incomes, their past residences, and
other information.
22. Defendants never provided information regarding their personal finances or other
personal circumstances to Plaintiff, or any third party on behalf of Plaintiff, as
would be necessary to submit an application to secure a mortgage.
23. It is believed that a third party, and namely, Defendants adult granddaughter's
boyfriend, Cric Miller, may have provided information to Plaintiffs or their
representatives for purposes of submitting an application for a mortgage as
alleged in the Complaint and, based upon information received, for an additional
mortgage with Plaintiff.
24. Although Defendants understand that they may have executed documents
associated with a "refinancing," they have never been provided the statement as to
the cost that they paid for this refinancing, as to the services that were rendered by
Lending Tree Settlement Services or other parties associated with Plaintiff, and
have never been provided with a "hitle Insurance policy on their home or a copy of
the Title Insurance policy insuring the mortgage at issue herein.
25. Defendants believe and therefore aver that Plaintiff, together with its subsidiaries
or other companies or corporations with which it is associated, conducted
themselves in a predatory manner in accepting knowingly false information, and
possibly fraudulent information, from a third party in Defendants' names without
securing any type of obligatory background information, in that the Plaintiff,
through its subsidiaries or other companies or corporations with which it is
associated, conducted a "refinancing settlement" without providing a review of
documents, explanation of documents, or reduired documents, such as a HUD-1
Settlement Statement to Defendants.
26. Based upon information received, Defendants understand there is a first mortgage
that was processed on the same date of July 21, 2006, providing a mortgage to
Plaintiff, and that said Mortgage has been paid in a timely manner since July
2006.
27. Defendants have made no payments whatsoever on a first mortgage due and
owing to Plaintiff and have no knowledge of who may be making these payments,
where statements may be going, or any other information associated with that
mortgage.
28. Defendants believe and therefore aver that Plaintiff, either individually or through
its subsidiaries or other companies or corporations with which they are associated,
violated various state and federal banking rules and regulations in processing this
Mortgage and accepting false and fraudulent information from third parties.
29. Defendants believe and therefore aver that Plaintiff, through it's subsidiaries and
other companies and corporations with which it is associated, violated it's
fiduciary responsibility in that it provided settlement services to Defendants
without providing necessary explanation of documents being presented ar
executed, or the meaning of the documents, or repercussions from executing the
documents.
WHEREFORE, Defendants request your IIonorable Court to dismiss Plaintiffs
Complaint.
COUNTI(JRCLAiM
30. Defendants Answers to 1 through 10 of Plaintiff's Complaint and paragraphs 11
through 29 of Defendants' New Matter are incorporated herein by reference as in
set forth in their full text.
31. Defendants believe and therefore aver that Plaintiff on its own or through its
subsidiaries or other corporations or companies with which they were associated,
violated state and federal banking regulations in processing the mortgage at issue
in this Mortgage Foreclosure action.
32. Defendants believe and therefore aver that they are entitled to compensation from
Plaintiff for injuries that have resulted from Plaintiff's violation of state and
federal banking regulations or other regulations on statues.
33. Defendants believe and therefore aver that upon review of this entire transaction
which resulted in the Mortgage alleged and referenced herein will result in a
finding that Plaintiff, or its subsidiaries, or companies or corporations with which
it is associated, violated state and federal banking regulations and/or state and
federal laws, such that Defendants are entitled to financial recovery.
WHEREFORE, Defendants request your Honorable Court to enter a Judgment
against Plaintiffs as may be deemed appropriate under state and federal banking
regulations and statues.
Respectfully submitted,
r fie, Esquire
y for efendants
00 North I Ianover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsifications to authorities.
DATE: ~ " / L ~ ~
DATE: ;~j /~ - U 7
~~ACK A. MYERS
~~
BETTY .MYERS
HOME LOAN CENTER IN THE COURT OF COMMON PLEAS OF
d!b!a LENDINGTREE LOANS :: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. :CIVIL ACTION - I,AW
JACK A. MYERS and NO. 07-4092 CIVIL TERM
BETTY A. MYERS
Defendants
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the 1 ~ day of August
2007, cause a copy of Defendants' Answer to Complaint in Mortgage Foreclosure with
New Matter and Counterclaim to be served upon Plaintiff by serving his attorney of
record, Louis P. Vitti, Esquire, by first-class mail, postage prepaid at the following
addresses:
Louis P. Vitti, Esquire
Louis P. Vitti & Associates, P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
DATE: ~ C~ 7
. Gr' ie, Esquire
t ey f Defendants
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
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08162208242007 Cumberland County Prothonotary 's Office Pa e 1
2
PYS405 Manual Release Check Regi ster /2007
8/
,,,. Escrow Tran Date
Distribution Case No Accounting Amount Date Release
---------------------------------------------------
3918 VITTI LOUIS P Check Date: -----------
08/24/2007 ------------------
Check No.: 1722
REFUND 2007- 04092 TRNS ESC IN 24.00 8%23%2007
--------------- Payee total:
------------------------------------ 38.00
-----------
------------------
Grand total: 38.00
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RECEIPT FOR TRANSFER
--------------------
--------------------
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
HOME LOAN CENTER
1820 E FIRST STREET
SUITE 210
SANTA ANA, CA 92705
Case Number 2007-0409.2
Remarks SHOULD NOT HAVE TAKEN
Receipt Date 08/23/2007
Receipt Time 12:01:22
Receipt No. 197289
---------------------- Distribution Of Adjustment ---------------------------
Transaction Payee This Adj
WRIT OF EXEC CUMBERLAND CO GENERAL FUND 24.00-
REFUND VITTI LOUIS P 24.00
.... ,...
RECEIPT FOR TRANSFER
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
HOME LOAN CENTER
1820 E FIRST STREET
SUITE 210
SANTA ANA, CA 92705
Case Number 2007-04092
Remarks SHOULD NOT HAVE BEEN TAKEN
Receipt Date 08/23/2007
Receipt Time 12:00:39
Receipt No. 197287
---------------------- Distribution Of Adjustment ---------------------------
Transaction Payee This Adj
JDMT DEFAULT CUMBERLAND CO GENERAL FUND 14.00-
REF VITTI LOUIS P 14.00
.. - '_'
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HOME LOAN CENTER d/b/a CIVIL DIVISION
LENDINGTREE LOANS,
No. 07-4092
Plaintiff, PRELIMINARY OBJECTIONS TO
NEW MATTER AND
vs. COUNTERCLAIM
MORTGAGE FORECLOSURE
JACK A. MYERS and
BETTY A MYERS,
Filed on behalf of
Plaintiff
Defendants.
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D. #01072
Louis P. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HOME LOAN CENTER d/b/a LENDINGTREE LOANS,
Plaintiff,
vs. No. 07-4092
JACK A. MYERS and BETTY A. MYERS,
Defendants.
PRELIMINARY OBJECTIONS TO NEW MATTER AND COUNTERCLAIM
NOW comes the Plaintiff by and through its attorneys Louis P. Vitti & Associates, P.C.
and Louis P. Vitti, Esquire and set forth the following objections to the New Matter and
Counterclaim of Defendants:
INSUFFICIENT SPECIFICITY AND
NON-CONFORMITY TO RULE OF COURT
1. Plaintiff instituted the within action by its Complaint in Mortgage Foreclosure filed
July 10, 2007.
2. On August 16, Defendants filed an Answer, New Matter and Counterclaim.
3. In Paragraphs 12, 21, 25 and 28 of New Matter, Defendants aver that the mortgage
application was based upon false and fraudulent information from third parties.
4. In Paragraph 25 of New Matter, it is averred that Plaintiff knew that said information
was false and, possibly, fraudulent.
5. In Paragraph 32 of the Counterclaim, it is averred that Defendants have suffered
unspecified injuries.
6. The foregoing general allegations fail to comply with the requirements of
Pennsylvania Rule of Civil Procedure No. 1019(a) that a pleading contain "material facts."
7. Furthermore, the averments of fraud in Paragraphs 12, 21, 25 and 28 of New Matter
are not made with particularity, in violation of Rule 1019(b).
WHEREFORE, Plaintiff prays this Honorable Court to strike off Paragraphs 12, 21, 25,
and 28 of New Matter and Paragraph 32 of the Counterclaim for non-conformity to rule of court.
Respectfully submitted,
LOI~S P. VITTI & ASSOCIATES, P.C.
BY:
~,ouiS P. Vitti, Es~llr~
Attorney for Plaintiff
CERTIFICATION OF SERVICE
I, Louis P. Vitti, Esquire, hereby certify that on the 21st day of December, 2007, a true
and correct copy of the within Preliminary Objections to New Matter and Counterclaim was
served by Regular U.S. Mail upon:
(List name and address of all counsel of record and unrepresented parties. Specify "Pro Se"for unrepresented parties.)
Bradley L. Griffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§ 4904, relating to unsworn falsification to authorities.
L is .Vitti, Esquire
'w
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated In full)
HOME LOAN CENTER d/b/a LENDINGTREE LOANS,
VS.
JRCK A. MYERS and BETTY A. MYERS,
NO. 07-4092 civil Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiff's Preliminary Objections to New Matter and Counterclaim
2. Identify ali counsel who will argue cases:
(a) for plaintiffs:
Allen D. Moyer, Esquire
(Name and Address)
8150 Derry Street, Harrisburg, PA 17111
(b) for defendants:
Bradley L. Griffie, Esquire
(Name and Address)
200 North Hanover Street, Carlisle, PA 17013
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4 Arni ~mcant rn~ ~rt i~afP•
LVLL1.7 C. V1LL1
Print your name
Plaintiff
Attorney for
Date: February 5, 2008
INSTRUCTIONS:
1. Two copies of all briefs must be fled with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. if argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
CERTIFICATION OF SERVICE
I, Louis P. Vitti, Esquire, hereby certify that on the ~ day of February, 2008, a true
and correct copy of the within Praecipe for Listing Case for Argument was served by Regular
U.S. Mail upon:
(List name and address of all counsel of record and unrepresented parties. Specify "Pro Se"for unrepresented parties.)
Bradley L. Griffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§ 4904, relating to unsworn falsification to authorities.
Vitti,
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HOME LOAN CENTER d//b/a/ IN THE COURT OF COMMON PLEAS
LENDINGTREE LOANS CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
v. NO. 07-4092 CIVIL TERM
JACK A. MYERS and BETTY A. MYERS COMPLAINT IN MORTGAGE
Defendants FORECLOSURE
PRAECIPE FOR ENTRY OF APPEARANCE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Kindly enter the appearance of Allen D. Moyer of the Law Offices of Leslie D. Jacobson,
8150 Derry Street, Harrisburg, PA, 17111.5260, as co-counsel with Louis P. Vitti, Esq., on behalf
of the Plaintiff in the above captioned case.
LAW OFFICES OF LESLIE D. 1ACOB50N
Date: ~"1 ~~ aF By:
Allen D. Moyer '
ID No. 81846
8150 Derry Street
Harrisburg, PA 17111.5260
717.909.5858
717.909.7788 [fax]
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HOME LOAN CENTER d/b!a LENDINGTREE LOANS,
Plaintiff,
vs. No. 07-4092
JACK A. MYERS and BETTY A. MYERS,
Defendants.
PRAECIPE TO REMOVE CASE FROM ARGUMENT LIST
TO THE PROTHONOTARY:
Please remove Plaintiff s Preliminary Objections from the April 16, 2008 Argument List.
Respectfully submitted,
BY
UIS P. VITTI & ASSOCIATES, P.C.
obis P. Vitlr,-l~"squire
PAID #01072
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, Pa 15219
(412) 281-1725
CERTIFICATION OF SERVICE
I, Louis P. Vitti, Esquire, hereby certify that on the 31st day of March, 2008, a true
and correct copy of the within Praecipe to Remove Case from Argument List was served by
Regular U.S. Mail upon:
(List name and address ojall counsel ojrecord and unrepresented parties. Specify "Pro Se" jor unrepresented parties.)
Bradley L. Griffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§ 4904, relating to unsworn falsification to authorities.
U
L i P. Vitti, Esquire
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HOME LOAN CENTER d/b/a
LENDINGTREE LOANS,
vs.
Plaintiff,
JACK A. MYERS and
BETTY A MYERS,
Defendants.
CIVIL DIVISION
No. 07-4092
MOTION TO ENFORCE
SETTLEMENT AGREEMENT
MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D. #01072
Louis P. Vitti & Assoc., P,C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HOME LOAN CENTER d/bla LENDINGTREE LOANS,
Plaintiff,
vs.
No. 07-4092
JACK A. MYER5 and BETTY A. MYERS,
Defendants.
MOTION TO ENFORCE SETTLEMENT AGREEMENT
AND NOW comes the above-captioned Plaintiff by and through its counsel, Louis P.
Vitti and Associates, P.C. and Louis P. Vitti, Esquire, who files this Motion to Enforce
Settlement Agreement, whereof the following is a statement:
1. Plaintiff instituted the within action by its Complaint in Mortgage Foreclosure
filed July 10, 2007.
2. Defendants filed an Answer, New Matter and Counterclaim on August 16, 2007.
3. Plaintiff filed Preliminary Objections to the New Matter and Counterclaim on
December 26, 2007.
4. On February 11, 2008, Plaintiff filed a Praecipe to List said Preliminary
Objections for the April 16 Argument List.
5. Subsequently, the parties -through their respective counsel -entered into a
settlement agreement, whereby Plaintiff agreed to accept a deed in lieu of foreclosure. True and
correct copies of counsels' letters dated March 7, 2008 and March 20, 2008 are attached hereto,
made parts hereof, and called Exhibits "A" and "B", respectively.
6. Accordingly, Plaintiff removed its Preliminary Objections from the April 16
Argument List by its Praecipe filed Apri14.
7. Subsequently, Plaintiff learned that Defendants had filed a Chapter 7 bankruptcy
case in the United States Bankruptcy Court for the Middle District of Pennsylvania at Case No.
1:08-BK-01041-RNO on March 27, 2008. A true and correct copy of the bankruptcy docket
report is attached hereto, made a part hereof and called Exhibit "C."
8. Accordingly, Plaintiff obtained relief from the automatic stay of the bankruptcy
case by order of that court dated May 8, 2008.
9. On May 13, 2008, Plaintiff sent an original deed and estoppel affidavit for
Defendants' signature to their counsel. True and correct copies of said correspondence and the
enclosures therewith are attached hereto, made a part hereof, and collectively called Exhibit "D."
10. Defendants have since inexplicably neither delivered the executed deed and
estoppel affidavit nor communicated whatsoever with Plaintiff s counsel with respect thereto.
11. It is believed and therefore averred that Defendants no longer reside at the
mortgaged property at 363 Burgners Road, Carlisle, PA 17013.
12. No judge has previously ruled upon an issue is this or a related matter.
13. Plaintiff s counsel has attempted -but has ultimately been unable - to ascertain
whether .Defendants' counsel concurs in the relief requested. Plaintiff incorporates herein by
reference Paragraph 10, above.
WHEREFORE, Plaintiff prays your Honorable Court to enter an Order, enforcing the
settlement agreement and entering judgment in mortgage foreclosure in favor of Plaintiff and
against Defendants.
Respectfully submitted,
P. VITT~ASSOCIATES, P.C.
BY:
P. Vitti; Esquire
~.ev for Plaintiff
c~,~r~ & .~ssoc~.~~s
Bradley L. Griffie, Esquire
Hannah Herman-Snyder, Esquire
Robin J. Bassett
Office Manager
Reply to: Carlisle
Attorneys and Counselors at LaH~
March 7, 2008
Rodney Permigiani, Esquire
Louis P. Vitti and Associates, P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
RE: Home Loan Center v. Jack A. Myers at al
Your File #60864
No. 07-4092 Civil Term
Cumberland County
Dear Attorney Pernigiani:
/io
200 North Hanovcr Street
Carlisle, PA 17013
(717)243-5551
100 Lincoln way East, Suitc D
Chambersburg, PA 17201
(717)267-1350
(800)347-5552
Fax (717)243-5063
Please be advised that my clients have determined that they are willing to execute
a deed in lieu of foreclosure in this foreclosure action, if we secure confirmation from
Home Loan Center that-they will not pursue any deficiency in this matter. This will not
only save a tremendous amount of cost for the mortgage company, but it also will allow
for you to take ownership of this property at a time that will allow for it's marketing
during primary marketing season, rather than the middle of winter, which would likely
occur if this matter were ultimately pursued through a final sheriff s sale.. This should be
of tremendous benefit to your client.
Please advise if this is acceptable and if so, you can forward the deed immediately
and provide me with a copy of a brief Release signed by your clients confirming that they
will not pursue any type of deficiency in this matter. Your attention is appreciated.
Very truly yours,
r L riffie
BLG/klp
Cc: Jack and Betty Myers
EXHtg~~
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COUNSELLORS AT LAW
916 FIFTH AVENUE
PITTSBURGH, PENNSYLVANIA 15219
PHONE: (412) 281-1725 FAX: (412) 281-3810
LOUIS I'. VITTI ~j~
RODNEY PERMIGIANI J` ,
DAVID F. ALPERN _ OfCaunse!
Phone: (412) 471-1960 & 1961 / Faa: (412) 232-3C,(,6
E-Mail fllpemDPAcr,city-neLcom
March 20, 2008
VIA FACSIMILE TO 717-243-5063
Bradley L. Cirffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
RE: Home Loan Center dba LendingTree Loans vs. Jack A. Myers, et al.
No. 07-4092
Our file #60864
Dear Mr. Griffie:
I have received your March 7 letter.
Our client will accept a deed in lieu of foreclosure and waive any deficiency, subj ect to a bringdown
search and the property's being unoccupied. Please let me laiow the date by which the property will
be vacant.
We'll provide the documents for your clients' signatures.
Sincerely yours,
Rodney Permigiani
~~~~ ~~
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USBC PAM -LIVE -VERSION 3.2L Page 1 of 2
CREDS, FMDue, MEANSNO, 341He1d
U.S. Bankruptcy Court
Middle District of Pennsylvania (Harrisburg)
Bankruptcy Petition #: 1:0&-bk-01041-RNO
Assigned to: Honorable Robert N Opel II Date Filed: 03/27/2008
Chapter 7
Voluntary
No asset
Debtor represented by Robert Joel Dailey
Jack A. Myers O'Brien, Baric and Scherer
49 Garden Parkway 19 West South Street
P.O. Box 1017 Carlisle, PA 17013
Carlisle, PA 17013 717 249-6873
SSN /ITIN: xxx-xx-1843 Fax :717 249-5755
Email: rdailey@obslaw.com
Joint Debtor represented by Robert Joel Dailey
Betty A. Myers (See above for address)
49 Garden Parkway
P.O. Box 1017
Carlisle, PA 17013
SSN /ITIN: xxx-xx-7252
Trustee represented by Lawrence G Frank
Lawrence G. Frank (Trustee) 2023 Nortlt Second Street
2023 North Second Street Harrisburg, PA 17102
Harrisburg, PA 17102 717 234-7455
717 234-7455 Fax :717 234-7470
Email: lawrencefrank@earthl ink.net
Asst U.S, Trustee
United States Trustee
PO Box 969
Harrisburg, PA 17108
717 221-4515
Filing Date # Docket Text
03/27/2008
l Chapter 7 Voluntary Petition. Filing fee due in the amount of $ 299.00 filed by Robert Joel Dailey of O'Brien, Baric and
Scherer on behalf of Jack A. Myers, Betty A. Myers. (Dailey, Robert) (Entered: 0312712008)
03/27/2008 Receipt of Chapter 7 Voluntary Petition -case upload(1:08-bk-01041) [caseup]d,1027u] (299.00) filing fee. Receipt
number 2772815, amount $ 299.00. (U.S. Treasury) (Entered: 03127/2008)
03/27/2008
2 Matrix filed/Creditor List Uploaded. (There is no image or paper document associated with this entry,) Filed by Robert
Joel Dailey of O'Brien, Baric and Scherer on behalf of Betty A. Myers, Jack A. Myers (RE: related document(s) l ).
(Dailey, Robert) (Entered: 03/27/2008)
03/27/2008
3 Certificate of Credit Counseling for Jack A. Myers Filed by Robert Joel Dailey of O'Brien, Baric and Scherer on behalf of
Jack A. Myers (RE: related documents} 1 }. (Dailey, Robert) (Entered: 03/27/2008)
03/27/2008
4 Certificate of Credit Counseling for Betty A. Myers Filed by Robert Joel Dailey of O'Brien, Baric and Scherer on behalf of
Betty A. Myers (RE: related document(s) I ). (Dailey, Robert) (Entered: 03/27/2008)
03/27/2008
5. Certification of No Payment Advices Filed by Robert Joel Dailey of O'Brien, Baric and Scherer on behalf of Betty A.
Myers, Jack A. Myers (RE: related document(s) 1 ). (Dailey, Robert) (Entered: 03/27/2008)
03/27/2008 FeeDueBK flag removed. (CashReg) (Entered; 03/28/2008)
03/28/2008
6 Review of Means Test Form B22A - (There is no image or paper document associated with this entry.) (RCP) (Entered:
03/28/2008)
Trustee Lawrence G. Frank (Trustee) added to case. (Harrisburg. (There is no image or paper document associated with
4::
elf
y \{.l
https://ec£pamb.uscourts.gov/cgi-bin/DktRpt.pl?258.3032399 187 0-1
7/29/2008
to r ~ ~~~~,;
. ................r.
USBC PAM -LIVE -VERSION 3.2L
Page 2 of 2
04/01/2008 this entry.) Filed by United States Trustee. (united states trustee(sp),) (Entered: 04/01/2008)
Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE.. 5(2!2008 at 08:30 AM. (DD) (Entered:
04/02/2008 04/02/2008)
Request to BNC -Meeting of Coeditors . 341(a) meeting to be held on 5!212008 at 08:30 AM at Federal Bldg, Trustee
Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. Last day to oppose discharge or dischargeability is
04/07!2008 7 7/1!2008. (BR) (Entered: 04/07/2008)
BNC Certificate of Mailing of 341 Meeting Notice (Chapter 7) (RE: related document(s) 7 ). Service Date 04109/2008.
04/09/2008 $ (Admin.) (Entered: 04/10/2008)
Motion for Relief from Stay regarding property located ai 363 Burghers Road, Carlisle, PA 17015. Filing fee due in the
amount of $ 150.00 Filed by Louis P. Vitti of Louis P Vitti and Associates PC on behalf of Home Loan Center, Inc. d/b/a
Lendingtree Loans. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order # 4 Certification of Concurrence of
04/21/2008 9 Debtors' Counsel# 5 CertificationofNon-Concurrence of Chapter 7 Trustee) (Vitti, Louis) (Entered: 04/21/2008)
Receipt of Motion for Relief From Stay(1:08-bk-01041-RNO) [motion,mrlfsty] (150.00) filing fee. Receipt number
04/21/2008 2818404, amount $ 150.00. (U.S. Treasury) (Entered: 04121/2008)
04/21/2008 FeeDueRFS flag removed. (CashReg) (Entered: 04/22/2008)
Order Setting Answer Date and Heazing on Motion for Relief from Stay (RE: related document(s) y ). Answers aze due on:
5/7/2008. Heazing scheduled for 5/22/2008 at 10:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald
04/22/2008 I Q Reagan Federal Building, Hanisburg, PA. (RCP) (Entered: 04/22/2008)
Amended Order setting answer date and telephonic hearing on Motion for Relief from Stay of Home Loan Center (RE:
related document(s) y ). Answers are due on: 5/7/2008. Telephonic Heazing scheduled for 5/9(2008 at 10:10 AM at
04/22/2008 1 I location (by telephone conference, Wilkes-Bane, PA). (DG) (Entered: 04/22/2008)
Certificate of Service ofAmended Order Setting Answer Date and Nearing & Motion for Relief Filed by Louis P. Vitti of
Louis P Vitti and Associates PC on behalf of Home Loan Center, Inc. d/b/a Lendingtree Loans (RE: related document(s)
04/24/2008 12 9 , ] l ). (Vitti, Louis) (Entered: 04!24/2008)
Amendment to Schedule B Adding Restitution Claim Filed by Robert Joel Dailey of O'Brien, Baric and Scherer on behalf
05/02/2008 13 of Betry A. Myers, Jack A. Myers (RE: related document(s) 1_ ). (Dailey, Robert) (Entered: 05/02/2008)
05/08/2008 I4 Order Granting Motion for Relief from Stay (RE: related document(s) 9. ). (RCP) (Entered: 05!09/2008)
Certification that 341 Meeting of Creditors (Ch. 7) Held on 05/02/08. Counsel for Debtor is directed to amend schedules.
The Trustee will docket Request to Reschedule 341 Meeting if and when appropriate. (There is no image or paper
05/09/2008 15 document associated with this entry.). (frank(dh), Lawrence) (Entered: 05/09/2008)
Application to appoint himself/herself or their law firm as Attorney Filed by Trustee. (Attachments: # I Proposed Order)
05/12/2008 16 (frank(dh), Lawrence) (Entered: 05112/2008}
Order Granting Application of Trustee to appoint self as Attorney (RE: related document(s) I_¢ ). (RCP) (Entered:
05(20/2008 17 05/20!2008)
PACER Service Center
Transaction Recei t
07/29(2008 17:11 36
PA
ER Client
g
Lo 'n: Iv0019 Code:
1:08-bk-01041-RNO Fil or Ent
Description: Docket Sesrch filed Doc From: 0 Doc To:
Report Criteria: 99999999 Tenn: included Format:
html
Billable
Pages Cost: 0.16
https:/iecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?258703239948669-L_187_0-1 .7/29/2008
~,
Louis ~'. Fitt anc~.~ssocates, ~'. C.
COUNSELLORS AT LAW
916 FIFTH AVENUE
PITTSBURGH, PENNSYLVANIA 15219
LOUIS P. VITTI
RODNEY PERMiGIANI
PHONE: (412) 281-1725
DAVID F. A1:PERN - Of Counsel
Phone: (412) 471-1960 &: 1961 / Faa: (412) 232-3666
E-Mail: AlpemDFA®city-net.com
Date: May 13, 2008
Bradley L. Griffie, Esquire
Griffie & Associates
200 North Hanover Street
Carlisle, PA 17013
Dear Mr. Griffie:
RE: Property: 363 Burghers Road, Carlisle, PA 17015
Name: Jack A. Myers and Betty A. Myers
Loan No: 2115172R -OUR FILE #60864
Enclosed herewith please find an original deed-in-lieu and estoppel affidavit, which need to be
completed by your clients and returned to this office at your earliest convenience.
Thank you for your attention and cooperation in this regard.
Very yours,1 ,.,
a ~ ,,
.~
Rodney Permigiani
RP:amg
Enclosures
FAX: (412) 281-3810
Amnki i Fblue Wln Nu-N•
EXHIBIT ". ~ "
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.Deed-In-Lieu
~C~ji~ ~Jr~bentur~
Made the day of 2008,
BETWEEN JACK-A.-MYE~RS and-BEITY-A.-MYERS,
Husband and Wife,. as Tenants by the Entireties,
Parties of the first part,
AND
HOME LOAN CENTER,-INC. dba LENDINGTREE LOANS,
Its successors and/or assigns,
Party of the second part
WITNESSETH that the said parties of the first part, in consideration of One and 00/100 ($1.00)
Dollar to them now paid by the said party of the second part, do grant, bargain, sell and convey unto
the said parry of the second part, his successors and assigns,
ALL that certain lot or piece of ground situate in the Township of Lower Frankford, County of
Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described
as follows, to-wit:
BEGINNING AT A POIIVT iN THE CENTER LINE OF TOWNSHIP ROAD NO.
457 AND LINT OF LANDS NOV4' OR FORIIRERLY OF GARY L. MYERfi ~T UX;
THENCE BY THE LINE OF LA'YDS NOW OR FORMERLY OF SAID GARY L.
MY~RS, ET UX, SOUTH 22 DEGREES 39 MINUTE6 WEST 28718 FEET TO A
POII`T AT CORNER OF LANDS NOW OR FORMERLY OF PERNON E.
WICKARD; THENCE BY LINE OR LANDS NOR' OR FORMERLY OR SAID
t~RNON K WICKARD NORTH 71 DEGREE613 MDVUTES 09 SECONDS
VVLrST 120.70 FEET TO A POINT AT CORNER OF OT1~ER LANDS NOW OR
FORMERLY OP VERNON E. WiCKARD THENCE NORTH Z2 DEGREES 45
NIINUTES EAST 300.00 FEET TO A POINT IN THE C&NTERLII~'E OF SAIIl
TOWNSHIP ROAD N0.437; THENCE B]' &l1D CENTER LINE, SOUTH G9
DEGREES 01 MINUTE EAST 120.00 FFTT TO A POINT, THE PLACE OF
BEGWh7NG.
AND CO?dTAIMNG .81 ACRES, ACCORDING TO SAID SUR'VEI~'.
HAVING erected thereon a dwelling known as 363 Burgners Road, Carlisle, PA 17015.
Parcel No. 14-06-0025-023.
BEI NG the same premises granted and conveyed from Jack A. Myers unto Jack A. Myers and Betty
A. Myers, husband and wife, mortgagors herein, by deed dated March 8, 2004 and recorded March
12, 2004, in Deed Book Volume 262, page 210.
THIS TRANSFER IS A DEED-IN-LIEU OF FORECLOSURE AND IS EXEMPT FROM REALTY
TRANSFER TAXES.
E
with the appurtenances: To Have and To Hold the same unto and for the use of the said party of
the second part, his successors and assigns forever, And the said parties of the first part, for their
heirs, executors and administrators covenant(s) with the said party of the second part, his
successors and assigns against all lawful claimants GENERALLY/SPECIALLY the same and every
part thereof to Warrant and .Defend.
NOTICE -THIS DOCUMENT MAY NOT/DOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR
INSURE THE-TITLE TO THE.C.OAL.AND RIGHT OF_S.UP_PORT_UNDERNEATH THE_SURFACE
LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWUNERS OF -SUCH
COAL MAY HAVE/HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL
AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE CQF THE LAND AND
ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND, THE INCLUSION OF
THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR
ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS
INSTRUMENT. [This notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P. L. 984, as
amended, and is not intended as notice of unrecorded instruments, if any.]
Witness the hands and seals of the said parties of the first part.
Witness:
----------------------------------------------------(SEAL)
Jack A. Myers
NOTICE THE UNDERSIGNED, AS E
THIS NOTICE AND THE ACCEPTANCE ANC
FULLY COGNIZANT OF THE FACT THA";
OBTAINING THE RIGHT OF PROTECTION
PROPERTY HEREIN CONVEYED, RESULTI~
AND THAT THE PURCHASED PROPEF
PROTECTED FROM DAMAGE DUE TO'
CONTRACT WITH THE OWNERS OF THE EC
NOTICE IS INSERTED HEREIN TO COP
SUBSIDENCE AND LAND CONSERVATION
WITNESS:
--------------------------------------------------(SEAL)
Betty A. Myers
-•--------------------------------_._--_-----------(SEAL)
--------------------------------------------------(SEAL)
J
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E
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this the day of
SS.
A.D. 2008, before me a notary public the
_undersigned_officer,_personallyappeared JACK A. MYERS and BETTY A. MYERS, known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the within instrument and
acknowledged that they executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
-----------------------------------------------------------------------------------
Notary Public
My commission expires:
Commonwealth of Pennsylvania
County of
On this day of
A.D., 20 ,before me
in and for said
came the above named
ss
acknowledged the foregoing Indenture
and deed, to the end that it
may be recorded as such.
Witness my hand and seal.
---------------------------------------(SEAL)
My Commission Expires..____.____________._.~
STATE OF
COUNTY OF
On this, the day of , 20
before me
the undersigned officer, personally appeared
known to me (or satisfactorily proven) to be and
the person whose name subscribed act
within instrument and acknowledged that
executed the same for the purposes therein ~
contained.
In Witness Whereof, I hereunto set myhand ----
and official seal.
Title of Officer
My Commission Expires_._.__ ________~_____.__._
Certificate of Residence
I, Louis P. Vitti, do hereby certify that Grantee's precise residence is:
163 Technology Drive, Irvine, California 92618.
Witness my hand this day of
2008.
Louis P. Vitti
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Commonwealth of Pennsylvania
:ss.
County of __ ._._
Recorded on this _._~. day of .__..___._.__.____., A.D. 2008, in the Recorder's office of the said
County, in Deed Book, Volume ,page
Given under my hand and the seal of the said office, the day and year aforesaid.
----------------------------------------------------------------
RECORDER
AFFIDAVIT OF TITLE AND .ESTOPPEL
THIS AFFIDAVIT, made the day of , 200_, by JACK A. MYERS and
BETTY A. MYERS, (hereinafter referred to as "Grantors"),
WITNESSETH:
That the Grantors are the owners of certain real property situate in the Township of Lower
Frankford, Cumberland County, Pennsylvania, which is subject to and more particularly described in
two mortgages executed and given by Jack A. Myers and Betty A. Myers, to Mortgage Electronic
Registration Systems, Inc. (MFRS) as nominee for Home Loan Center, Inc. dba Lending Tree
Loans. The first mortgage is dated July 21, 2006 in the principal amount of $123,200.00, recorded
July 28, 2006 in the Recorder's Office of Cumberland County in Mortgage Book Volume 1960, page
0114 and upon which there is an unpaid balance of principal of $30,800.00, plus interest, late
charges and advances (if any), as of the date hereof of which the Grantors acknawledge are obliged
to pay. The second mortgage is dated July 21, 2006 in the principal amount of $30,800.00,
recorded July 28, 2006 in the Recorder's Office of Cumberland County in Mortgage Book Volume
1960, page 0138, and upon which there is an unpaid balance of principal of $30,800.00, plus
interest, late charges and advances (if any), as of the date hereof of which the Grantors
acknowledge are obliged to pay;
The Grantors, unable to meet the obligations of said mortgages according to the terms
thereof, have made, executed and offered to deliver a Deed, of even date herewith, conveying the
described property to THE HOME LOAN CENTER, INC. dba LENDINGTREE LOANS, its
successors and/or assigns, either as mortgagee, or holder of said bond and mortgage by virtue of
his succession in said office, or as nominee of the mortgagee or holder of said bond and mortgage.
1
The Grantors acknowledge, agree and confirm that the aforesaid Deed as of the date thereof
is an absolute conveyance of the title to said Property, and of the rights and interest of Grantors
herein and thereto, together with all buildings thereon and appurtenances thereunto belonging and
appertaining, with release of all dower and similar rights or those in lieu thereof, and is not nor
intended to be a mortgage, trust conveyance, as a party or owner, if Grantee deems it necessary or
desirable, but the conveyance of said Deed, when accepted, shall be and is unconditional sale, with
the full extinguishment and complete release of all Grantor(s) rights, title and interest of every
character in and to said property, providing all conditions herein have been fulfilled.
In consideration of Grantee's acceptance of the conveyance, Grantors represent, certify and
affirm that:
No alterations, additions or repairs have been made to the premises within the past
six months immediately preceding the date of this Affidavit, for which any contractor,
workman or supplier, or any other person, has a right to file a mechanic's lien for
work done or materials furnished;
No sidewalks have been laid, or any curbing, street paving, sewer, water pipe or any
other municipal work been done for which a municipal claim or lien hays or can be
filed against the property;
All taxes and water and sewer charges, assessed or levied against the premises
during ownership of Grantor, have been fully paid;
There are no fixtures, materials or equipment placed in or on said premises, which
have not been paid for in full;
Grantors are of full age and not under legal disability;
No additions have been made to the house, carport or other structures on said
premises, outside lines of buildings have not been changed, and no other buildings
or fences have been erected;
There hare no judgments or federal liens entered against Grantors which have not
been satisfied of record, and Grantor has not been adjudicated bankrupt and no
bankruptcy proceedings are now pending;
2
Grantors have not changed his, her or their name or names and have been known
only by the name and names under which title to the property is held and as appear
on this Affidavit, within the past ten years;
There are no unpaid bills or notes owing for storm windows, storm doors, equipment
or other personal property in or on said premises.
THIS A-FFIDAVIT is and has been made for the protection and benefit ofithe Grantee in said
Deed, his successors and assigns, and-all other persons and parties dealing -with or-which -may
acquire any interest in the property described in said Deed, and to induce any title insurance
company or security of any kind, and also conveys, transfers, assigns and surrenders the rights of
Grantors to possession of and to said premises, and assigns, transfers and sets over to the Grantee
any and all rentals due or which may become due;
Grantors acknowledges that the right to possession of said premises is a consideration for
conveyance, and in the event possession is not immediately given to the Grantee by the Grantors or
any other person or persons is occupancy and claiming under Grantors, the Grantors, authorize and
empower any attorney of any Court of Record to appear for him, them and each of them and enter
an amicable action of ejectment and confess judgment of ejectment therein for the premises
described in said mortgage and deed, and do authorize the immediate issuing and execution of a
writ of possession with appropriate clauses for costs without asking leave of Court;
The offer of said Deed is the free and voluntary act of the Grantors made in good faith on the
part of the Grantors and Grantee, without fraud, misrepresentation, duress, or any undue influence
whatsoever, or any misunderstanding on the part of the Grantors or Grantee; the Grantors believe
that the mortgage indebtedness represents the fair value of said property, and said Deed is not
offered as a preference against any other creditors of the Grantors, and at this time, Grantors are
solvent and have no other creditors whose rights would be prejudiced by such conveyance, and are
not obliged upon any note, bond or other mortgage, whereby any other lien has been created or
exists against the premises described in said Deed;
The Deed is executed and offered with the express understanding that it does not operate,
even though placed of record, to effect such a merger of interest as to extinguish the mortgage lien,
and its receipt by the Grantee does not constitute legal delivery and shall be of no binding force or
effect whatsoever until such time as Grantee consents to acceptance of said Deed, said consent to
be evidenced by the acceptance and approval of title by the Grantee. Said Deed of conveyance
shall not restrict the right of the mortgagee or holder of the loan, the Grantee, or any of them, to
institute foreclosure proceedings naming the Grantors insuring the title, or any lawyer certifying the
title, of the Grantee or any other person or persons to said premises under or through the deed from
the Grantors, and shall bind the respective heirs, executors, administrators and assigns of the
undersigned.
WITNESS:
Jack A. Myers
Betty A. Myers
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF
On this the day of , A.D. 2008, before me a notary public the
undersigned officer, personally appeared JACK A. MYERS and BETTY A. MYERS, known tome (or
satisfactorily proven) to be the persons whose names are subscribed to the within instrument and
acknowledged that they executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
-----------------------------------------------------------------------------------
Notary Public
My commission expires:
4
VERIFICATION
AND NOW Rodney Permigiani verifies that the statements made in this Motion 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.
Dated: July 28, 2008
CERTIFICATION OF SERVICE
I, Louis P. Vitti, Esquire, hereby certify that on the ^~ day of July, 2008, a true and
correct copy of the within Motion was served by Regular U.S. Mail upon:
(List name and address of all counsel of record and unrepresented parties. Specify "Pro Se"for unrepresented parties.)
Bradley L. Griffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
I understand that false statements herein are made subject to the penalties of 18 Pa.C.5.
§ 4904, relating to unsworn falsification
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HOME LOAN CENTER IN THE COURT OF COMMON PLEAS OF
d/b/a LENDING TREE LOANS, :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
JACK A. MYERS AND
BETTY A. MYERS, N0.2007 - 4092 CIVIL TERM
Defendants
ORDER OF COURT
AND NOW, this 6TH day of AUGUST, 2008, a hearing on Plaintiffs Motion to
Enforce Settlement Agreement is scheduled for WEDNESDAY, SEPTEI~I[BER 3, 2008,
at 3:30 a.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa.
17013.
Edward E. Guido, J.
ouis P. Vitti, Esquire
For the Plaintiff
~adley L. Griffie, Esquire
For the Defendant
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From: Rodney Perrr~igiani To: Deb Date: 8/1/2008 Time: 11:55:18 AM Page 2 of 2
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IN THE COLJRT OF COMMON PLF,AS OF CUMBERLAND COI?NTY, PENNSYLVANIA
CIVIL DIVISION
HOIL4F, LOAN CENTER d/b/a L,ENDINGTREF, LOANS,
Pl1llltlff,
vs. No.07-4092
JACK A. ItI1BRS and BETTY A. M1'ERS,
Defendants.
AND NO\~, to wit, this
day of
2008, in
consideration of Plaintiff's Motion to )~;nforce Battlement Agreement, it is hereby Ordered,
Adjudged and Decreed that said Motion is granted and judgment in mortgage foreclosure is
hereby entered for the Plaintiff and against Defendants for the amount due on the mortgage as of
July 31, 2007, itemized as follows:
Unpaid principal balance $30,800.00
Interest, 8/1/06 tlu•ough 7/31!07 at 11.200°'0 3,440.15
Escrow Deficit 2,616.00
Attorney"s fee at 5°0 1,540.00
TOTAL DUE ~~$ 9.15.
It is flll't}lel' Ol'dared that th15 alllollllt 111aV be increased dtlc to additional disbursements
by the Plaintiff for the payment of taus, assessments, maintenance charges, insurance premiums
or costs incun•ed for the protection of the mortgaged premises or the lien of the mortgage, or
expanses inctllTed by the Plaintiff b`~ rcasou of the default under tale mortgage, including
attorney's fens, by praecipe with notice to all pal-ties.
It is filrther ordered that judgment is entered in favor of Plaintiff and against Defendants
with respect to the counterclaim.
ORDER OF COURT
131" 1'HE COURT:
J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HOME LOAN CENTER d/b/a
LENDINGTREE LOANS,
Plaintiff,
vs.
JACK A. MYERS and
BETTY A MYERS,
CIVIL DIVISION
No. 07-4092
PRAECIPE TO DISCONTINUE
MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Defendants.
Louis P. Vitti, Esquire
PA I.D. #01072
Louis P. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
~" ~
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HOME LOAN CENTER d/b/a LENDINGTREE LOANS,
Plaintiff,
vs. No. 07-4092
JACK A. MYERS and BETTY A. MYERS,
Defendants.
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please discontinue Plaintiff's case in the within action.
Respectfully submitted,
P. VITTI & ASSOCIATES, P.C.
B~
~ouis/P. Vitti~quir~
A ID #01072
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, Pa 15219
(412) 281-1725
Please discontinue the Counterclaim.
~ .gespe lly submitted,
riffie squire
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