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Home My WebLink About07-5125IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., 3232 Newmark Drive Miamisburg, OH 45342 Plaintiff, vs. CIVIL DIVISION NO. ()'] - 51x5 C t vi I ~CrM COMPLAINT IN 'MORTGAGE FORECLOSURE MORTGAGE FORECLOSURE Filed on behalf of Plaintiff AARON R. FIEMAN and MICHELE A. FIEMAN, 1613 St. Clair Road New Cumberland, PA 17070 Defendants. TO DEFENDANT(S): YOU ARE HEREBY NOTIFlED TO PLEAD TO THE ENCLOSED COMPLAINT IN MORTGAGE FORECLOSURE WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #01072 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 By: IS/.7~O.•~w ~ ~~ At~rney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO. ) Plaintiff, ) NO: vs. ) AARON R. FIEMAN and MICHELE A. FIEMAN, ) Defendant(s). ) 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.AN[) O~ECTIONS 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 FURThIER 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. LAWYER REFERRAL SERVICE ALLEGHENY COUNTY BAR ASSOCIATION 11T" FLOOR, KOPPERS BUILDING 436 SEVENTH STREET PITTSBURGH PA 15219 (412) 261-5555 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 3232 Newmark Drive, Miamisburg, OH 45342. 2. The Defendant(s) is/are individuals with a last known mailing address of 1613 St. Clair Road, New Cumberland, PA 17070. The property address is 1613 St. Clair Road and is the subject of this action. 3. On the 5th day of August, 2003, in consideration of a loan of One Hundred Nine Thousand Eight Hundred Twenty-Three and 00/100 ($109,823.00) Dollars made by National City Mortgage Co., an Ohio corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Co. a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Co., as mortgagee, which mortgage was recorded on the 15th day of August, 2003, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1829, page 4843. 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 EXH/B/T "A"ATTACHED HERETO. 5. Said mortgage provides, inter alias "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since April 1, 2007, 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 mortgagee's 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 Rule 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 the filing of this Complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Fifteen Thousand Two Hundred Forty-Nine and 86/100 Dollars ($115,249.86) with interest and costs. Respectfully submitted, P. VITT~& ASSOC., P.C. BY for Plaintiff SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 5.0000% from 03/01/07 through 8/31/2007 (Plus $14.1608 per day after 8/31 /2007 ) Late charges through 8/20/2007 0 months @ 34.67 Accumulated beforehand (Plus $34.67 on the 17th day of each month after 8/20/2007) Attorney's fee Escrow deficit (T'his figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) 103,373.62 2,591.42 34.67 5,168.68 4,081.47 BALANCE DUE 115,249.86 EXHIBIT "A" LEGAL DESCRIPTION ALL that certain lot of lead situate is the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGWNING at a point on the Northerly line of St. Clair•Road 104.26 measured Nottheastwardlyelong said line from the Northeast corner of Locust Street and St. Clair Road; thence Northwestwu$ly at right eagles to St. Clair toad and along the Easterly line of Lot No. 25, Block "D". on the hereinafter meatigned plan of Lots, 90 feet to a point thence northwardly along the Southern line of Lot No. 24, Block "D", 89.26 feet to a point; thence Southeastwardly along the Weatem line f Lot•No. 21, Block "D' ; 140.34 foot to a point on the Northerly line of St. Clair Road; thence along said line of St. Clair Road Southwe~twardly by a wcve to the left having a radius of 125 feet, an azc durance of 23.22 feet to a point; thehee continuing Sonthwestwardiyalong St. Clair Road 41.78 feet to the place of beginning. BEING Lot No. 22, flock "D", on the Flan of Lots of Highland Park Extension, said Plan being recorded in Cumberland County in Flan Book 5. Page 59. HAVING erected thereon a dwelling known as 1613 St. Clair Road, New Cumberland, PA 17070. VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Dated: August 20, 2007 ~ ~ ~ d ' ~ ~ ~ .~ _ v L') -0 .V V Cl~ N _T7fTS _ S1 '~ ~ -p -r.J l~-f ~h ~-- rv t~'-ra ~ ~ ~, .~- -.i SHERIFF'S RETURN - REUULAI~ %D/d o1~d'7 ~ CASE NO : 2 0 0 7 - 0 512 5 P ~ - a1~'u,lr lisGdre~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS FIEMAN AARON R ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FIEMAN MICHELE A the DEFENDANT at 1358:00 HOURS, on the 11th day of September, 2007 at 11521~rockton COURT NEW CUMBERLAND, PA 17070 MICHELLE FIEMAN 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 6.00 Service 16.32 Affidavit .00 Surcharge 10.00 .00 9y,., io~a~ /~ 7 ,/ 3 2. 3 2 Sworn and Subscibed to before me this day of , So Answers: _. ~ o ~ ~. R. Thomas Kline 09/20/2007 LOUIS VITTI & ASSOCIATES ~~ De uty S er' f A.D. SHERIFF'S RETURN - REGULAR 1" CASE•NO: 2007-05125 P ~- COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS FIEMAN AARON R ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE FIEMAN MICHELE A was served upon DEFENDANT the at 1358:00 HOURS, on the 11th day of September, 2007 at 1152 BRPCLTON COURT NEW CUMBERLAND, PA 17070 MICHELLE FIEMAN 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: So Answers: Docketing 6.00 ,~ Service 16.32 ~ ~~f~~' Affidavit . 00 ~~~~ ,.~'j.,1.:`~~~-~~ Surcharge 10.00 R. Thomas Kline .00 32.32 09/20/2007 LOUIS VITTI & ASSOCIATES ~~ Sworn and Subscibed to By: ~'~ ~- - before me this day De uty S er' f of A.D. SHERIFF'S RETURN - REGULAR 1` CASE NO: 2007-05125 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS FIEMAN AARON R ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FIEMAN AARON R the DEFENDANT at 1743:00 HOURS, on the 19th day of September, 2007 at 4832 E TRINDLE ROAD APT 3 MECHANICSBURG, PA 17055 by handing to AARON FEIMAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 .00 Sworn and Subscibed to before me this day So Answers: -~ R. Thomas Kline 09/20/2007 LOUIS VITTI & ASSOCIATES By . ~~~~''~r Deputy Sheriff of A.D. s ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., 3232 Newmark Drive Miamisburg, OH 45342 Plaintiff, CIVIL DIVISION No . 07-5125 PRAECIPE TO SETTLE & DISCONTINUE vs. AARON R. FIEMAN and MICHELE A. FIEMAN, 1813 St. Clair Road New Cumberland, PA 17070 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 Defendants. Pittsburgh, PA 15219 (412) 281-1725 • , r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., N0.07-5125 Plaintiff, Vs. AARON R. FIEMAN and MICHELE A. FIEMAN, Defendants. TO: THE PROTHONOTARY KINDLY settle and discontinue Plaintiffls casein the abovecaptioned matter. LOU . VITTI & ASSOCIATES, P.C. BY: Louis P. Vitti, Esquire Attorney for Plaintiff C'~ ~ C" ~„° ti .., ~~ ~~ n;:. ~ c~~ . ~:....- :~ ~ --~a i`rt r ~>~; '~' • N ~ ' r ~ ; ~. ~~ ~~~ ~ ~~~ r .. c~ -:~ c.,.r .~ -K