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Home My WebLink About09-5924 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, Plaintiff, VS. CIVIL DIVISION NO. 07- P/'vj"1 T-6"m COMPLAINT IN MORTGAGE FORECLOSURE GENE S. STOTLER, Defendant. Code -MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party. Louis P. Vitti, Esquire 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 NATIONAL CITY MORTGAGE, A No.09-5924 Civil DIVISION OF NATIONAL CITY BANK, Plaintiff VS. GENE S. STOTLER, Defendant In Mortgage Foreclosure Please enter my appearance for the Defendant in the above. /;;, 3?ld- Date. Geoffrey M.Biringer 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 2009 SEE' 23 PH 3.4 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE, A No.09-5924 Civil DIVISION OF NATIONAL CITY BANK, Plaintiff : In Mortgage Foreclosure VS. GENES. STOTLER, Defendant PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendant, by his attorneys, MIDPENN LEGAL SERVICES, and Geoffrey M. Biringer, hereby sets forth as follows: Lack of Subiect Matter Jurisdiction 1. Plaintiff does not allege that it gave Defendant an Act6/Act 91 Notice concerning actions he could take to save his home, as is required pursuant to Pennsylvania Law and the form set out in 12 Pa. Code, Part 1, Subpt.D, Ch.31, Appendix A (2006), and prior to acceleration of the mortgage. 2. Failure of the Plaintiff to send Defendant this Notice deprives the Court of jurisdiction. WHEREFORE, Defendant prays that this Court dismiss the above- captioned action. Failure of the Pleading to conform to a rule of court, Pa.R.C.P.No.10190) 3. Paragraphs 1-2 are incorporated herein by reference hereto. 4. Paragraph 7 of Plaintiff's Complaint refers to a writing (Intention to Foreclose), but fails to either attach the writing, or state why the document is not accessible and the contents of the notice. WHEREFORE, Defendant prays that this Court dismiss the above- captioned action. Dated: September 23, 2009 MIDPENN LEGAL SERVICES BY: ey M. Biringer 4eof 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 r CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections on this 23rd* day of September 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 By: Geo frey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, ) Plaintiff, ) NO: vs. ) GENE S. STOTLER, ) Defendant. ) 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 32 SOUTH BEDFORD STREET 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 is an individual with a last known mailing address of 700 High Mountain Road, Gardners, PA 17324. The property address is 1 Katie Lane, Shippensburg, PA 17257 and is the subject of this action. 3. On the 24th day of February, 2006, in consideration of a loan of One Hundred Eighteen Five Hundred Fifty Two and 00/100 ($118,552.00) Dollars made by National City Mortgage a division of National City Bank of Indiana, to Defendant, the said Defendant executed and delivered to National City Mortgage a division of National City Bank of Indiana, a "Note" secured by a Mortgage with the Defendant as mortgagor and National City Mortgage a division of National City Bank of Indiana, as mortgagee, which mortgage was recorded on the 1 st day of March, 2006, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1941, page 3982. 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, 2008, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor 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 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. 8. The amount due on said mortgage is itemized on the attached schedule. 9. Pursuant to Pennsylvania Rules 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 filing this complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Thirty One Thousand Nine Hundred Fifty Nine and 05/100 Dollars ($131,959.05) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY Lo i P. Vitti, Esquire Attorney for Plaintiff Stotler SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 113,721.39 Interest ( 5.8750% from 09/01/08 through 8/31/2009 6,662.83 (Plus $18.3045 per day after 8/31/2009 ) Late charges througl 8/26/2009 0 months @ 38.54 Accumulated beforehand 366.86 (Plus $38.54 on the 17th day of each month after 8/26/2009 ) Attorney's fee 5,686.07 Escrow deficit 5,521.90 (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 131,959.05 r.irst.AmericdriaItte'lnsurance 't;ompany, Commitment No. AS2699 SCHEDULE C . Legal Description ALL THAT CERTAIN tract of land situate in Cooke Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, an existing iron pin in the centerline of Township Road T-335 at corner of lands n6w or formerly of George L. and Janice M. Cook; thence along lands now or formerly of George L. and Janice M. Cook South 55 degrees 12 minutes 44 seconds West, 216.37 feet to a set iron pin (passing through an iron pin on line set 27.75 feet from the aforesaid starting point); thence along Lot 3 as shown on subdivision plan for Conrad Wiser, recorded in Cumberland County Plan Book 67, Page 16, North 19 degrees 37 minutes 37 seconds West, 287.58 feet to a set iron pin; thence along private right-of-way as shown on the aforesaid subdivision plan, North 72 degrees 57 minutes 09 seconds East, 250.00 feet to a set railroad spike in the centerline of Township Road T-335 (passing through an iron pin on line set 25.24 feet from the aforesaid railroad spike); thente over, the centerline of the aforesaid public road, South 09 degrees 04 minutes 51 seconds East, 223.51 feet to an existing iron pin, the point and place of BEGINNING. CONTAINING 1.3246 Acres, more or less.:, Being all of Lot 1 as shown on subdivision plan for Conrad Wiser, recorded in Cumberland County Plan Book 67, Page 16. 11:,.J EXHIBIT `._,r._." 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 unworn 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. 1 Lo ' P. Vito Dated: 8/26/2009 ?5J F t r 2??9 (:u`J f Ci ' wJ G`? S-6 y all? 1 ss Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant J,"jr Cf ?trlrlbptj 4 QFFIC. T1-E 5-ERIFF FILf_ ? ;F'I'Q E OF THc P",C '1-1 ?'tOT"ARY 2009 SEP 14 AM 9: 21 Edward L Schorpp Solicitor CLitVi j " 11 ITV National City Mortgage Company I vs. Case Number Gene S. Stotler 2009-5924 SHERIFF'S RETURN OF SERVICE 09/0912009 05:49 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on August 9, 2009 at 1748 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gene S. Stotler, by making known unto himself personally, at 700 High Mountain Road Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. Request for service at 1 Katie Lane Shippensburg, PA 17257 was served at 700 High Mountain Road Shippensburg, PA 17257 this is the physical mailing address for this location. 09/0912009 05:49 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on August 9, 2009 at 1748 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gene S. Stotler, by making known unto himself personally, at 700 High Mountain Road Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $71.90 SO ANSWERS, September 10, 2009 R THOMAS KLINE, SHERIFF By Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, Plaintiff, vs. NO. 09-5924 CIVIL CIVIL DIVISION AMENDED COMPLAINT MORTGAGE FORECLOSURE Filed on behalf of Plaintiff GENE S. STOTLER, Defendant. TO DEFENDANT(S): YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED AMENDED 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: IS1.40~ P. rmliz Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK,) Plaintiff, ) NO: 09-5924 CIVIL vs. ) GENE S. STOTLER, ) Defendant(s). ) AMENDED 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 Vitti and Vitti and Associates, P.C. BY: Louis P. Vitti, Esquire I.D. #01072 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 Attorney for Plaintiff NATIONAL CITY MORTGAGE A DIVISION OF NATIONAL CITY BANK, Plaintiff, VS. GENE S. STOTLER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 09-5924 CIVIL AMENDED COMPLAINT NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and for its Amended Complaint, sets forth the following: 1. Each and every averment contained in the original complaint is incorporated herein by reference. 2. True and correct copies of the Act 6 notices dated June 11, 2009 that Plaintiff sent to Defendant by certified mail at both the property address and his last known address on or about that date, are attached hereto, made a part hereof, and collectively called Exhibit "A." 3. No Act 91 notice is required because the provisions of Act 91 do not apply to the subject mortgage because (1) the same is insured by the Federal Housing Administration under Title II of the National Housing Act and (2) the mortgaged property is not Defendant's primary residence. WHEREFORE, Plaintiff incorporates herein by reference the prayer for relief contained in the original complaint. Respectfully submitted, VITTI and VITTI and ASSOCIATES, P.C. BY: Lis P. Vitti, Esquire Comey for Plaintiff $ N D$0004509615DR67006-11-09 June 11, 2009 Certified Mail/ Return Receipt Requested Gene S Stotler 700 High Mountain Rd Gardners PA 17324 Loan No. 0004509615 Current Servicer: National City Mortgage HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on NATURE OF THE DEFAULT your property located at: 1 Katie Ln Shippensburg PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) October 01, 2008 and the following amount(s) are now past due: Monthly Payments 8,656.62 Corporate Fees .00 Late Charges 289.98 Non-Sufficient Funds .00 Fax Fees .00 Property Inspection Fees 54.00 Less Suspense Balance .00- Total Due 9,000.60 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 9,000.60, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES LENDER, WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check, cash or money order made payable and sent to: National City Mortgage C. th.h0or NR" Attn: Customer Counseling Department 3232 Newmark Dr. Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do not use if not applicable) This is an attempt to collect a debt. Any information obtained will be used for that purpose. Enclosure (F) DR670 066 LBM @ND@ 41 $ N D$0004509615DR67206-11-09 June 11, 2009 Gene S Stotler 1 Katie Ln Shippensburg PA 17257 Certified Mail/Return Receipt Requested Loan No. 0004509615 Current Servicer: National City Mortgage HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on NATURE OF THE DEFAULT your property located at: 1 Katie Ln Shippensburg PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) October 01, 2008 and the following amount(s) are now past due: Monthly Payments 8,656.62 Corporate Fees .00 Late Charges 289.98 Non-Sufficient Funds .00 Fax Fees .00 Property Inspection Fees 54.00 Less Suspense Balance .00- Total Due 9,000.60 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 9,000.60, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES LENDER WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check, cash or money order made payable and sent to: National City Mortgage Attn: Customer Counseling Department 3232 Newmark Dr. Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do not use if not applicable). This is an attempt to collect a debt, any information obtained will be used for that purpose. Enclosure (F) DR672 048 LBM @ND@ 41 VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Amended 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: October 16, 2009 Vitti and Vitti and Associates, P.C. BY: Louis P. Vitti, Esquire I.D. #01072 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 Attorney for Plaintiff NATIONAL CITY MORTGAGE A DIVISION OF NATIONAL CITY BANK, Plaintiff, Vs. GENE S. STOTLER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. 09-5924 CIVIL CERTIFICATION OF SERVICE I, Louis P. Vitti, Esquire, hereby certify that on the 2 o day of October, 2009, a true and correct copy of the within Amended Complaint was served by Regular U.S. Mail upon: (List name and address of all counsel of record and unrepresented parties. Specify "Pro Se "for unrepresented parties.) Geoffrey M. Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to RD-OFICE OF THE PROAH MMM 2N9 OCT 23 F 19 CUMB& Q' ? f 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE, A No.09-5924 Civil DIVISION OF NATIONAL CITY BANK, Plaintiff In Mortgage Foreclosure vs. GENE S. STOTLER, Defendant DEFENDANT'S ANSWER TO AMENDED COMPLAINT 1. Paragraphs 2, 6, 7, 8 of the original Complaint are denied as set out more fully in New Matter and Affirmative Defenses below. Paragraphs 1, 3, 4, 5 and 9 are admitted. 2. Defendant denies receiving the Notices and demands strict proof of delivery at trial. 3. Denied. It is denied that the Act 91 Notice is not required in that the mortgage is insured by FHA, and strict proof thereof is demanded at trial, and further, that the mortgaged property is not Defendant's primary residence. By way of further answer, 700 High Mountain Road, Gardners, PA., and 1 Katie Lane, Shippensburg, PA are the same residence of the Defendant. WHEREFORE, Defendant demands that Plaintiff's Complaint and Amended Complaint be dismissed and judgement entered for Defendant. NEW MATTER 4. Paragraphs 1-3 are incorporated herein by reference hereto.. 5. Defendant's loan with Plaintiff is eligible for modification pursuant to the Federal Home Affordable Modification Program. 6. Pursuant to said Program, any foreclosure action is to be temporarily suspended pending application of the borrower for the Program or alternative foreclosure options. Program Guidelines, p.3, "In Foreclosure Process: Temporary Suspension of Foreclosure Proceedings," and Supplemental Directive 09-1, p.14, "Temporary Suspension of Foreclosure Proceedings." 7. Plaintiff has made a commitment pursuant to this Program to affirmatively notify mortgagors such as the Defendant, of their eligibility to be evaluated for this Program and/or other Federal programs, and, Plaintiff has not done so to date. AFFIRMATIVE DEFENSE HOME AFFORDABILTY MODIFICATION PROGRAM (HAW) Paragraphs 1-7 are incorporated herein by reference hereto. 9. Unless and until Plaintiff has determined Defendant's' eligibility for HAND, or other foreclosure prevention programs, such as the FHA HOPE for Homeowners Program, or the HomeSaver Forbearance Progrm, Plaintiff cannot proceed with the above-captioned action. WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed and judgment entered for the Defendant. Dated: November .6- , 2009 MIDPENN LEGAL SERVICES By: Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 VERIFICATION I, Gene Stotler, make this verification that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my 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. ,A Date: AI-5- ?? UG Gene Stotler CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy-of the foregoing Defendant's Answer to Amended Complaint on thi&h day of November 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Louis P. Vitti, Esquire 916 Fifth Avenue Pittsburgh, PA 15219 By Geo rey M. cringer Attorney for the Defendants 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 OF FILE }-0!-FiR E THE Pr I )Tt 2009 NOV -5 Aid 11: 09 pt-: sye"i"A F1' ED-OFF-- Vitti and Vitti and Associates, P.C. BY R JUH 13 : odney Permigiani, Esquire : PH 2 93 I.D. #33311 215 Fourth Avenue CUMBERLAND COON F Pittsburgh, PA 15222 PENNSYLVANIA (412) 281-1725 Attorney for Plaintiff NATIONAL CITY MORTGAGE A DIVISION OF NATIONAL CITY BANK, Plaintiff, Vs. GENE S. STOTLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 09-5924 CIVIL Defendant TO: THE PROTHONOTARY Please discontinue the within-captioned action. BY: TES, P.C. Rodney-Per 'giani squire Attorney lai iff Vitti and Vitti and Associates, P.C. BY: Rodney Permigiani, Esquire I.D. #33311 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 Attorney for Plaintiff NATIONAL CITY MORTGAGE A DIVISION OF NATIONAL CITY BANK, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GENE S. STOTLER, Defendant No. 09-5924 CIVIL CERTIFICATION OF SERVICE I, Rodney Permigiani, Esquire, hereby certify that on the day of June, 2011, a true and correct copy of the within pleading was served by Regular U.S. Mail upon: (List name and address of all counsel of record and unrepresented parties. Specify Pro Se" for unrepresented parties.) Geoffrey M. Biri'nger, Esquire 401 E. Louther Street Carlisle, PA 17013 I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. A odney Pe igia ', Esquire