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Home My WebLink About09-0388IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust CIVIL DIVISION Company, as Trustee for First Franklin Mortgage Loan Trust 2006-FF8, Asset- NO. d Q "' 3 ~ ~! v ~ ~.,, ~2.!'~'1 Backed Certificates, Series 2006-FF8, Plaintiff, vs. MICHAEL A. KENNEDY and MELISSA H. KENNEDY, Defendants. TO DEFENDANT(S): YOU ARE HEREBY NOTIFIED 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. COMPLAINT IN MORTGAGE FORECLOSURE MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #01072 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 CERTIFICATE OF LOCATION: 328 Old York Road New Cumberland, PA 17070 By: /S/~OsKO' /~. f~4~i~[1. Attorney for Plalntlff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 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 150 Allegheny Center Mall, Pittsburgh, PA 15212. 2. The Defendant(s) is/are individuals with a last known mailing address of 170 Sloop Road, Shermans Dale, PA 17090. The property address is 328 Old York Road, New Cumberland, PA 17070 and is the subject of this action. 3. On the 24th day of April 2006, inconsideration of a loan of One Hundred Thirty Thousand and 00/100 ($130,000.00) Dollars made by Mortgage Electronic Registrations Systems, Inc. MERS as nominee for First Franklin a division of Nat. City Bank of IN to Defendant(s), the said Defendant(s) executed and delivered to Mortgage Electronic Registrations Systems, Inc. MERS as nominee for First Franklin a division of Nat. City Bank of IN a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Mortgage Electronic Registrations Systems, Inc. MERS as nominee for First Franklin a division of Nat. City Bank of IN, as mortgagee, which mortgage was recorded on the 10th day of May, 2006, in the Cumberland County Recorder of Deeds Office, in Mortgage Book Volume 1810, page 856. 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. On the 18th day of December, 2008, Mortgage Electronic Registrations Systems, Inc. MERS as nominee for First Franklin a division of Nat. City Bank of IN assigned to the Plaintiff, Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2006-FF8, Asset-Backed Certificates, Series 2006-FF8, the said mortgage, that assignment being recorded in said Recorder's Office. 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 September 1, 2008, 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 Forty-Four Thousand Seven Hundred Thirty-One and 13/10 Dollars ($144,731.13) with interest and costs. Respectfully submitted, IS P. VITTI & ASSOC., P.C. Louis P. Vitti, Esquire Attorney for Plaintiff SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 127,681.31 Interest @ 8.7500% from 08/01/08 through 1/31/2009 5,601.36 (Plus $30.6085 per day after 1/31/2009 ) Late charges through 1/12/2009 0 months @ 51.14 Accumulated beforehand 460.26 (Plus $51.14 on the 17th day of each month after 1/12/2009 ) Attorney's fee 6,384.07 Escrow deficit 4,604.13 (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff s sale) BALANCE DUE 144,731.13 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Fairview Township, York County, Pennsylvania, being bounded and described accoxrling to a survey made by Gant J. Betz, Registered Surveyor, dated Augast 2,1980, as follows„ to wit: BEGINNING at an iron pin at the coma of lands of Douglas D. Hicks; thence along lands of Douglas D. flicks and Donald R. Gates, Jr., north 2$ degrees 30 minutes 00 seconds east, a distance of 525.00 feet to an iron pin as the south side of lands of Lemar Sheaffer; thence along said lands, south 41 degrees 17 minutes 19 seconds east, a distance of 106.16 feet to an iron pin at the corner of lands of Lavinia E. Wrightstone; thence along said lands, south 28 degrees 30 minutes 00 seconds west the distance of 474.30 feet town iron pin; thence south 48 degrees 45 minutes 51 seconds east, a distance of 170.02 feet to an iron pin; thence south 15 degrees 00 minutes 00 seconds west, a distance of 21.30 feet to an iron pin. at the corner of lands of Walter Peters, Jr.; thence along lands of Walter Peters, Jr. and Bessie Carey and Douglas D. Hicks, the following two (2} courses and distances: North 51 degrees 10 minutes 57 seconds west a distance of 173.52 feet; thence north 54 degrees 00 minutes west, a distance of 100.48 feet to a point, the place of BEGINNING. Having erected thereon a dwelling house lmown as 328 Old York Road. BEING Parcel No. 27-RF-29.B 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. v,~--. . Vitti Dated: January 12, 2009 ~ ~~ ~ '` <.:.: ., 0 ~ -~ ~3 v-, (~/~ Gu _ ~_ F -~ ~ ~, r- _;~, _, ~~_ F' r', _~ `i~{ ':.J i] ",`