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Home My WebLink About09-1416 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of Amel as successor National Assc First Franklin Mortgage LoE Certificates, f a, National Association I merger to LaSalle Bank ation, as Trustee for ortgage Loan Trust, Asset-Backed vies 2007-FF1 CIVIL DIVISION NO. 04 - 14 lip &YiL ler" Plaintiff, vs. Joseph Magar and Jennifer Magar Defendants. TO DEFENDANT(ft YOU ARE HEREBY N TIFIED TO PLEAD TO THE ENCLOSED COMPLAI T IN MORTGAGE FORECLOSURE WITHIN TWENTY (20) PAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. P. 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 Attorney for IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 PIlaintiff, vs. ) Joseph Magaro and Jennifer Magaro ) Defendant(s). NOTICE. YOU F AGAINST TI MUST TAK COMPLAINT APPEARANi WRITING W. THE CLAIM; YOU FAIL T1 JUDGMENT FURTHER N FOR ANY O' YOU MAY LC TO YOU. NO: WE BEEN SUED IN COURT. IF YOU WISH TO DEFEND E CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU ACTION WITHIN TWENTY (20) DAYS AFTER THIS AND NOTICE ARE SERVED, BY ENTERING A WRITTEN E PERSONALLY OR BY THE ATTORNEY AND FILING IN rH THE COURT YOUR DEFENSES AND OBJECTIONS TO SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF DO SO THE CASE MAY PROCEED WITHOUT YOU AND A RAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT )TICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR HER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. SE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT YOU S OULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOUL 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 YO CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER EGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO EE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 NT IN M 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 national association duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 150 Ilegheny Center Mall, Pittsburgh, PA 15212. 2. The Defendant(s) is/are individuals with a last known mailing address of 5911 Stephens Crossing, Mechanicsburg, PA 17050. The property address is 218 Walnut Street, Lemoyn , PA 17043 and is the subject of this action. 3. On he 17th day of November, 2006, in consideration of a loan of Ninety Three Thousand Five Hundred and 00/100 ($93,500.00) Dollars made by Mortgage Electronic Registration Sy tems Inc., (MERS) as nominee for Nationpoint a Division of National City Bank, to Defen ant(s), the said Defendant(s) executed and delivered Mortgage Electronic Registration Sy tems Inc., (MERS) as nominee for Nationpoint a Division of National City Bank a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Mortgage Electronic Registration Systems Inc., (MERS) as nominee for Nationpoint a Division of National City Bank, as mortgagee, which mortgage was recorded on the 21st day of November, 2006, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1973, page 2829. The said mortgage is incorporated herein by reference theret as though the same were set forth fully at length. 4. The remises secured by the mortgage are: EXHIBIT "A" ATTACHED HERETO. 5. Subsequently, Mortgage Electronic Registration Systems Inc., (MERS) as nominee for N Association as for First Frankli a Division of National City Bank assigned to Bank of America, National successor by merger to LaSalle Bank National Association, as Trustee n Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-Ff 1, the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds of Cumberland County. The said assignment is incorporated herein by refer?nce. 5. Said mortgage provides, inter alia: "that en as soon as the principal debt secured shall become due and payable, or in cased ault shall be made in the payment of any installment of principal and interest, or an monthly payment, keeping and performance by the mortgagor of any of the terms, c nditions 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. Sine November 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 R les of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagee's int ntion to foreclose. The appropriate time period has elapsed since the Notice of Intenti n to Foreclose has been served upon the mortgagor(s). 9. The amount due on said mortgage is itemized on the attached schedule. 10. Pur uant to Pennsylvania Rule of Civil Procedure 1144, the Plaintiff releases from liability for t e 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 recordod 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 Four Thousand Four Hundred Forty Four and 25/100 ($104,440.25) with interest and costs. Respectfully submitted, Vitti & Vitti & Ass tes, PaC. BY: ouis P. Vitti, Esquire Attorney for Plaintiff Unpaid Princip Interest @ 8.35 (Plus $21. Late charges through mol 0 Accumu (Plus $35 Attorney's fee Escrow deficit (This figure in( and transmitted SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Balance from per day after 10/01/08 through 3/31/2009 3/31/2009 ) 3/2/2009 35.45 beforehand on the 17th day of each month after 3/2/2009 ) 92,076.00 3,812.58 106.35 4,603.80 3,841.52 ;ludes projected additional charges that may be incurred by the Plaintiff to the sheriff as charges on the writ prior to the date of the sheriffs sale) BALANCE DUE 104,440.25 LEGAL DESCRIPTION Exhibit A ALL THAT C RTAIN piece or parcel of land situate in the Borough of Lemoyne, Cumberland County and Commonwealth of Pennsylvania, bounded and described according to survey by Hoover Engineering Services, Inc., dated January 20, 2004, as follows, to wit BEGINNING t a point on the southern legal right-of-way line of Walnut Street, said point being referenced and located approximately two hundred fifty-one (251') feet in an easterly direc ion from the intersection of the southern legal right-of-way line of Walnut Street and th eastern right-of-way line of Third Street, said point also being a common property com r with lands now or late of Dane C. and Dyann Musselman; thence from said point of beginning along the southern legal right-of-way line of Walnut Street, North seventy-three degrees thirty minutes zero seconds East (N 73" 30'00" E) a distance of thirty-one and zero hundredths feet (31.00') to an iron pin at a common property corner with lands no or late of John England; thence along said lands now or late of John England South sixteen degrees thirty minutes zero seconds East (S 16° 30' 00" E) a distance of on hundred twenty-three and ninety-two hundreds feet (123.92') to an iron pin at a common property corner with lands now or late of John England and lands now or late of Real Source Development; thence along lands now or late of Real Source Development South fifty-seven degrees twenty-seven minutes thirty-six seconds West (S 57° 27'36" ) a distance of thirty-two and twenty-six hundredths feet (32.26') to a point at a com on property comer with lands now or late of Real Source Development and lands no% or late of Dane C. and Dyann Musselman; thence along lands now or late of Dane C. and Dyann Musselman North sixteen degrees thirty minutes zero seconds West (N 16° 30' 00" W) a distance of one hundred thirty-two and eighty-four hundredths feet (132.84') to a point on the southern legal right-of-way line of Walnut Street, the poi 0t of BEGINNING. SAID lot conta?ns 3,979.90 square feet or 0.0914 acres. BEING the eastern twenty-nine feet (29') of Lot No. 34 and the western two feet (2') of Lot No. 35 as shown on Revised Plan No. 3, Fort Washington, Plan Book 2, Page 26, as recorded in Cumberland County Recorder of Deeds Office. HAVING theron erected a dwelling house known and numbered as 218 Walnut Street, Lemoyne, Pen sylvania. BEING the sa a premises which Kim N. Luisi, an adult individual, by deed dated November 15, 006, intended to be recorded prior to this instrument, granted and conveyed unto oseph Magaro and Jennifer Magaro, husband and wife, Mortgagors herein. EXHIBIT "A" VERIFICATION AND OW Louis P. Vitti verifies that the statements made in this Complaint are true and corre t to the best of his knowledge, information and belief. I understand that false statemen s herein are made subject to the penalties of 18 Pa. C S. 4904, relating to unsworn By vi verification car pleading is sub upon the inforn ion to authorities. of the fact that the Plaintiff is outside the jurisdiction of the court and the t be obtained within the time allowed for the filing of this pleading, the ted by counsel having sufficient knowledge, information and belief based ion provided him by the Plaintiff. • ? 1 qZ! VQ W, J Louis P. Vitti Dated: March Z 2009 C -Ul G!, Q> 01 j... A ?3-_ ry ^ ?/1 y Sheriffs Office of Cumberland County R Thomas Kline C9w?tr et cumbtEdward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy o"ICE or TME SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03113/2009 05:06 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2009 at 1706 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joseph Magaro by making known unto Jennifer Magaro, wife of defendant, at 5911 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 03/13/2009 05:06 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2009 at 1706 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jennifer Magaro by making known unto Jennifer Magaro personally, at 5911 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.80 (PAID) March 17, 2009 Docket No. 2009-1416 Bank of America v Joseph Magaro SO A??NSSW//ERS, R THOMAS KLINE, SHERIFF ..... . CID b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, National Association as Successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF 1, Plaintiff, CIVIL DIVISION No. 09-1416 PRAECIPE TO SETTLE AND DISCONTINUE Filed on behalf of Plaintiff VS. Joseph Magaro and Jennifer Magaro, Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #01072 Vitti & Vitti & Assoc., P.C. 916 Fifth Avenue Defendants Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Bank of America, National Association as successor by merger to LaSalle Bank NO. 09-1416 National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 Plaintiff, Vs. Jospeh Magaro and Jennifer Magaro, Defendants. TO: THE PROTHONOTARY KINDLY settle and discontinue Plaintiffs case in the above-captioned matter. LOUIS P. VITTI & ASS IATES, P.C. BY: (?7 Louis P. Vitti, Esquire Attorney for Plaintiff ?.? 1 74 !S3 46