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Home My WebLink About03-48241N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., d/b/a EASTERN MORTGAGE SERVICES, Plaintiff, CIVIL DIVISION t COMPLAINT IN MORTGAGE FORECLOSURE VS. ERIC W. JONES and JANICE L. JONES, Defendants. Code MORTGAGE FORECLOSURE 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 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 WITH/N 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, OH 45342. 2. The Defendant(s) is/are individuals with a last known mailing address of 3 Kail Avenue, Shippensburg, PA 17257. The property address is 3 Kail Avenue, Shippensburg, PA 17257 and is the subject of this action. 3. On the 15th day of June, 2001, in consideration of a loan of Ninety-Six Thousand, Two Hundred Thirty-Nine and No/100 ($96,239.00) Dollars made by National City Mortgage Co., d/b/a Eastern Mortgage Services, an OH corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Co., d/b/a Eastern Mortgage Services, an OH corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Co., d/b/a Eastern Mortgage Services, as mortgagee, which mortgage was recorded on the 26th day of June, 2001, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1724, page 206. 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 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 April 1, 2003, 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 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 Five Thousand, Eight Hundred Seventy-Four and 03/100 Dollars ($105,874.03) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC. P.C. Attorney for Plaintiff · Jones; Eric W. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest ~ 4.5000% fi.om (Plus $11.5738 per day after Late charges through 9/10/2003 0 months ~ 27.60 Accumulated beforehand (Plus $27.60 on the 17th day of each month after Attorney's fee Escrow deficit 03/01/03 through 9/30/2003 9/30/2003 ) 9/10/2003 ) (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) BALANCE DUE 93,876.40 2,465.22 27.60 4,693.82 4,810.99 105~874.03 89/98/7003 02:25 ?177674059 C1.~,~5 ELL~[OTT P~,~ 88 EXHIBIT "A" Dmaertptfon of Real Estate: ALL Mat ~ettaln lot of' land situate In the Townsl~ip of ~m~thempton, Caunty of Cumberland and Commonweellh ~f P~rtsylvania, being LOt No, 87 }n SeC'on 3 in the Dmml~cnent I~ow~ N ~Duth Mountain Estates, said plan re~o~led In Plan Boo~ 27, al Page 117, b~unded end da~.,rlt:~ed ee followS, tO wit: BEGINNING at a point in the Northern edge of Kall Avenue et comer ~ L~ No. ~; ~en~ ~ ~e N~ ~e ~ ~11 A~e ~u~ salty ~0) ~ th~e (31) m~$ ~t~ (~) ~nda West ~ h~ fl~ ( 1 ~) ~ to a p~ t~ by a ~ ~ ~ ~ht ~ng a mdl~ ~ ~en~- ~e (~) ~eet, e ~n~ of ~l~nlne end ~t~-~n hund~s (39,37) ~et ~ a long ~ No~ W~ur (~) d~s ~e~lg~t (28) mtn~ ~ ~) se~s ~st ~"'f ~ end ~i~slx hu~ths (~5.36) ~ ~ a ~int in ~e Bmtam edge of ~da D~9; ~enM ~ ~e Ee~m ~ge of ~de WeM one hund~ t~ ~d ~n hu~tha (113.10) f~ tDa d~ ~1~ (~I) mln~ ~1~ (~0) e~ ~et one ~md m~-f~e (11'5) ~t ~ a ~m iff II~ ~ ~ No, ~; t~n~ ~ L~ ~, ~ ~ ni~t~n (19) ~g~s ~-elght (28) ~nU~ thi~ (30) ~s ~st one hund~ ~-elgM a~ tm hund~k~ (138.10) ~t ~ a ~N In ~ No~hern ~ge ~ ~1 Avenue. ~ p~ce ~ b~l~lng. CO~AINING ~,033 ~m f~, per ~ of J. H. ~Ee, ~S,, da~d FeDruew 9, 1973. BEING ~a aame real estate which JOhn ,J.u.D_~wall, Jr. and Ru~ A. ~aE, hu~nd a~ ~, ~ d~ da~ ~e _~ day ~ ~ ~ ~ , ~1. n~ I~ ~ ~ m~ In and ~ng the m~ ~ ~a R~er ~ ~, 0f F~kl;n ~u~, Pe~vanb, ~m~ely pfl~ ~O ~ mcO~ng of ~i~ w~e, Me.gm hemln. SUBJECT TO reatri~tions es of record. 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 unswom 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 10, 2003 SHERIFF'S RETURN - REGULAR CASE NO: 2003-04824 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO ETAL VS JONES ERIC W ET AL VALERIE WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE JONES ERIC W DEFENDANT , at 1006:00 HOURS, at 3 KAIL AVENUE SHIPPENSBURG, PA 17257 ERIC W JONES a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 19th day of September, __ by handing to together with COMPLAINT - MORT FORE 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this ~.- day of A.D. Prothonotary t - So Answers: R. Thomas Kline 09/23/2003 VITTI & ASSOC · SHERIFFIS RETURN - REGULAR CASE NO: 2003-04824 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO ETAL VS JONES ERIC W ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE was served upon JONES JANICE L DEFENDANT , at 1006:00 HOURS, at 3 [<AIL AVENUE SHIPPENSBURG, PA 17257 ERIC W JONES, HUSBAND a true and attested copy of COMPLAINT the on the 19th day of September, __ by handing to - MORT FORE together with to law, 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2/~ day of 0~ o~ 02k3 A.D. So Answers: R. Thomas Kline 09/23/2003 VITTI & ASSOC By: