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Home My WebLink About04-1033IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, CIVIL DIVISION NO. (~q ~ l~ Plaintiff, COMPLAINT IN MORTGAGE FORECLOSURE VS. ERNEST J. SOUDER and ELLEN L. ENGLE, Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Cou~ #01072 Louis P. Vi~i&Assoc.,P.C. 916 FiRhAvenue Pi~sburgh, PA 15219 (412)281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., d/b/a ) ACCUBANC MORTGAGE, ) Plaintiff, ) ERNEST J. SOUDER and ELLEN L. ENGLE, ) Defendants. ) No: Oq - 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. 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 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 Newrnark Drive, Miamisburg, OH 45342. 2. The Defendant(s) is/are individuals with a last known mailing ad&ess of 138 North East Street, Carlisle, PA 17013. The property ad&ess is 138 North East Street, Carlisle, PA 17013 and is the subject of this action. 3. On the 31 st day of May, 2000, in consideration of a loan of Forty-Two Thousand, Seven Hun&ed Ten and No/100 ($42,710.00) Dollars made by National City Mortgage Co., d/b/a Accubanc Mortgage, an OH corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Co., d/b/a Accubanc Mortgage, an OH corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Co., d/b/a Accubanc Mortgage, as mortgagee, which mortgage was recorded on the Ist day of June, 2000, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1615, page 406. 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 October 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 Forty-Nine Thousand, Two Hundred Seven and 92/100 Dollars ($49,207.92) with interest and costs. Respectfully submitted, LOUIS P. VITT! & ASSOC., P.C. Attorney for Plaintiff Souder, Ernest J. Unpaid Principal Balance SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Interest ~ 9.5000% from 09/01/03 through 3/31/2004 (Plus $10.8673 per day afier 3/31/2004 ) Late charges through 3/8/2004 0 months ~ 18.96 Accumulated beforehand (Plus $18.96 onthe 17th day ofeach month after Attorney's fee Escrow deficit 3/8/2004 ) (This figure includes projected additional charges that may be incun-ed by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) BALANCE DUE 41,753.26 2,303.86 96.56 2,087.66 2,966.58 49~207.92 P, ,d~ ' .beidmmddmimimidmmm: W k # J2, m m ira, tim lie tim k a Wmldlrdmi emml IOK} impNd wil Im Sore imtfot', dmml dwliq m m idnl lmm I No. l~ Minim btam ~mm. 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: March 8, 2004 SHERIFF'S RETURN - REGULAR CASE NO: 2004-01033 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS SOUDER ERNEST J ET AL BRIAN BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE SOUDER ERNEST J DEFENDANT at 0919:00 HOURS, on the at 138 NORTH EAST STREET CARLISLE, PA 17013 ELLEN ENGLE, DAUGHTER a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according was served upon 19th day of March by handing to to law, the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ ~ day of A.D. honotary So Answers: R. Thomas Kline 03/22/2004 LOUIS VITTI By: SHERIFF'S CASE NO: 2004-01033 P COMMONWEALTH OF PENNSYLVA~NIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS SOUDER ERNEST J ET AL RETURN - REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT ENGLE ELLEN L DEFENDANT , at 0919:00 at 138 NORTH EAST STREET CARLISLE, PA 17013 ELLEN ENGLE a true and attested copy of - MORT FORE was served upon HOURS, on the 19th day of March the , 2004 by handing to COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 00 00 00 00 00 00 Sworn and Subscribed to before me this ~,A% day of ~ ~¥ A.D. So Answers: R. Thomas Kline 03/22/2004 LOUIS VITTI By: Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE CIVIL Di¥ISION NO. 04-103~C1VIL TERM Plaintiff, PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE VS. ERNEST J. SOUDER and ELLEN L. ENGLE, 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 1N THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA CIVIL DWISION NATIONAL CITY MORTGAGE COMPANY, d/b/a ACCUBANC MORTGAGE, VS. Plaintiff ERNEST J. SOUDER and ELLEN L. ENGLE, Defendants. ) ) NO. 04-1032 CWIL TERM ) ) ) ) ) ) ) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the complaint in the above-captioned case. Respectfully submitted, LOUIS P. VITTI & AS~OCIATF.~.C. BY: I~ Vitti, Esqu' DATE: April 15, 2004 SHERIFF'S RETURN CASE NO: 2004-01033 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS SOU]DER ERNEST J ET AL - REGULAR JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SOU]DER ERNEST J the DEFENDANT at 0815:00 HOURS, on the 22nd day of April 2004 at CUMBERIJkND CO SHERIFF'S CARLISLE, PA 17013 ERNEST J. SOl/DER a true and attested copy of COMPLAINT OFFICE ONE COURTHOUSE SQUARE by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this ~ day of ~ ~Jt00 ~ A.D. ~ ~rothonotary -- So Answers: Thomas Kline 04/22/2004 LOUIS VITTI By: Deput~z Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLANI3 COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, CIVIL DIVISION NO. 04-1033 Civil Term Plaintiff, PRAECIPiE TO SETTLE AND DISCONTINUE VS. ERNEST J. SOUDER and ELLEN L. ENGLE, Defendants. Code - MORTGAGE FORECLOSURE Filed on b,ghalf 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., d/b/a ACCUBANC MORTGAGE, Plaintiff, VS, ERNEST J. SOUDERand ELLEN L. ENGLE, Defendants. NO. 04-1033 Civil Term PRAECIPE TO SETTLE AND DISCONTINUE TO: PROTHONOTARY OF CUMBERLAND COUNTY KINDLY settle and discontinue Plaintiff's case as to Defendants, ERNEST J. SOUDER and ELLEN L. ENGLE. Loufs P. Vitti, Esquire Attorney for Plaintiff hereby certify that the foregoing is a true and correct statement of the above case. Date: May 11,2004 SWORN TO and subscribed before me this 11th day Che¢~ B. Ecller, N(~a~y Public M? Cca'~n~elllon IF_~ms June 10,2006 Notary P.~i~-'~ / ~----~'---'~