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Home My WebLink About10-0851i 'L r. T'HF 20,0 FEa -2 1 C1:i T: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N. A. as Trustee for National City Mortgage Loan Trust 2005- 1, Mortgage-Backed Certificates, Series 2005-1 Plaintiff, vs. Kenyon S. Reinecker and Cynthia Cook 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. CIVIL DIVISION NO. 10 - 851 avit-Few COMPLAINT IN MORTGAGE FORECLOSURE MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this parry: Louis P. Vitti, Esquire PA 1. D. #01072 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 By: IS/ }•0~ P. 1w+ Attorney for Plaintiff O 4ga.oo Po AYN co 11006 m' asi 1'x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Wells Fargo Bank, N. A. as Trustee for National City Mortgage Loan Trust) 2005-1, Mortgage-Backed Certificates, Series 2005-1 ) Plaintiff, ) NO: vs. ) Kenyon S. Reinecker and Cynthia Cook, ) 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 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 national association, 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 1703 Creek Vista Drive, New Cumberland PA 17070. The property address is 1703 Creek Vista Drive, New Cumberland PA 17070 and is the subject of this action. 3. On the 28th day of October, 2004, in consideration of a loan of One Hundred Thousand and 00/100 ($100,000.00) Dollars made by First Franklin Financial Corporation, to Defendant(s), the said Defendant(s) executed and delivered to First Franklin Financial Corporation. a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and First Franklin Financial Corporation, as mortgagee, which mortgage was recorded on the 9th day of November, 2004, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1887, page 1987. 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 12th day of January 2010, First Franklin Financial Corporation assigned to Wells Fargo Bank, N. A. as Trustee for National City Mortgage Loan Trust 2005-1, Mortgage-Backed Certificates, Series 2005-1, the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds of Cumberland County on the 12th day of January 2010, at Instrument no. 201000955. The said assignment is incorporated herein by reference. 6. 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." 7. Since September 1, 2009, 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 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 Six Thousand Five Hundred Twenty Six and 95/100 ($106,526.95) with interest and costs. Respectfully submitted, VI I D VITTI AbLD AS C., P.C. BY Couis P. Vitti, Esquire Attorney for Plaintiff SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 6.8750% (Plus $17.7690 Late charges through 0 months @ Accumulated bE (Plus $32.85 Attorney's fee from 08/01/09 through ) per day after 1/31/2010 1/25/2010 32.85 ;forehand on the 17th day of each month after 1/31/2010 1/25/2010 ) Escrow deficit (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 94,337.25 3,251.73 131.40+ 4,716.86 4.221.11 106,526.95 EXHIBIT "A" LEGAL DESCRIPTION M OW osrtain tract or parcel of tend sttusta in the rowrnigo of Loner Allen. Courtly of Curnbedernd, o mrnornN mgh of Pennsylvemis, more perftftrly bounded and described as fa bN*, to AIM Bt e3lt ING at a point on the wewlark No of Creek VtMa Drive at lh a Downer of Lot No. 42 of the tswrelnalbr nretdoned Ptah of Lana, ttwnoe by to weatarty line of Cm& Vida Drtws, North twenV-N o degress fort 4W" mkwiae twsn4-@svwdY se sonde East a d1slenoe of Mren@hfaerr fiat (N. 22°4V 27" E.,. 240r) to a point st 1he cons r of Lot No, 44 of the Aenmieetter mandoned Plan of Laps thw= by Lai Na. 4l, North sb*o- am denrees shrisem minulme tttirgr4lnae seconds W"4 a d isbrios of aria hundred thirty sat (N. or t tt' 88" W, 130M I to a point at the comer of taxi No. 38 of the henetnatler mw t and Plan of Lob; thence by Lent No. 38, South twanyr`two degrees fendir4knree nixrles hvsrr?+esNers ssoor4 s west. a dislanoe of bvardy4bm fast (S. 22° 43, 27" W., 24AW to a paint at Lot Nm 42 of the henndna W mendonsd Pion of Lo* thermos by Lot No. 42, 3oulh si*,sevsn degrees skbm minubs 0" me, asvonds SmA a dMarm of obis hundmd t'hft %d (S. Or I V W E.,1 WOW) to a point on ft wededy the of Greek VWW Drive, the place of BBQINNM, Being Lot No. 43 of the SrA SubdlVWW Plan for phase 1, Boom M Wage of Cmakstds, recorded in Cumberland Cwty Plan Book 6l?, Pop 113. UNDER ANLt $UBJEC'T TO THE Degdarahlan of Covsnante and Reslrtctians recorded in Carnberiand County Mba*eneow Bock 3% Page 5M. ALSO UNDER AND SUIBJECT to the By Lgm of Sear:oei HM Community won recorded in Cumberland om* l+discellensous Sock 319. page 52b. and al neoarvado ns. rsftfi m4 eseemertte+md dl wa3r of records. 8ENO known sod mAnnbomd sit 470 Creek Vift Driv% New Cumberland. PvMWvania. SEWO the sarns painless tvFft Anita M. ftdngman, by her deed lobed October 28, 20tH, and to tw recorded here vfrih, grunted and conveyed unto Kenyon S. A*salt ar and CyMn a Co* Marigergors heroin. EXHIBIT "A" 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. 6ft&6- g? 404< . Vitti P Dated: January 25, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILE D-,,0 i 2010 FEB 12 AN 11: 06 Edward L Schorpp Solicitor Wells Fargo Bank, N.A., vs. Kenyon S. Reinecker ?} q ? iCrtii< tt ? ?, Case Number 2010-851 SHERIFF'S RETURN OF SERVICE 02/04/2010 05:35 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 1735 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kenyon S. Reinecker, by making known unto herself personally, at 1703 Creek Vista Drive, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/04/2010 05:35 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 1735 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Cynthia Cook, by making known unto Kenyon S. Reinecker, Daughter of defendant at 1703 Creek Vista Drive, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $59.30 February 08, 2010 SO ANSWERS, 'tea NY R ANDERSON, SHERIFF B?ih ..? Depuyy Sheriff _c: irnm`pSuite Shenff, 7 elec=oil. b-C. °F CUM David D. Buell- °Q Renee 7 Simpson Prothonotary Pt Deputy Prothonotary V \`a C .. O �,.5. S nag .'.\ � /' it oh , `E,SQ o e Irene E. 914orrow Solicitor 1750 2nd Deputy(Prothonotary Office of the Prothonotary Cum6erfand County, 'Pennsylvania 0-0 s/ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573