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Home My WebLink About01-1441IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff. VS. GERALD E. JOHNSON Defendants. Code -MORTGAGE FORECLOSURE Filed on behalf of Plaimiff 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 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. 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, fbr its Complaint in Mortgage Foreclosure, sets fbrth the Ibllowing: 1. The Plaintiffis 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, Ohio. 2. The Defendant(s) is/are individuals with a last knowu mailing address of 143 N. Pitt Street, Carlisle, PA 17013. The property address is 143 N. Pitt Street, Carlisle, PA 17013 and is the subject of this action. 3. On the 16th day of August, 1999, in consideration ora loan of Forty Three Thousand Four Hundred fifty six and 00/100 ($43,456.00) Dollars made by National City Mortgage Company, an Ohio corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Company, an Ohio corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Mortgage Company, as mortgagee, which mortgage was recorded on the l 6th day of August, 1999, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1564, page 259. 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 arc: SEE EXHIBIT "A" ATTACHED HERETO. 5. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall beco~ne due and payable, or in case default shall be made in the payment of any instalhncnt 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 lawfnl for mortgagee to bring an Action of Mortgage Foreclostrre, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's l'ees." 6. Since September 1, 2000, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided Ibr 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 fbr the debt secured by the mortgage. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment tbr the amount due of Fifty Thousand Five Htmdred Eighty Two and 89/100 Dollars ($50,582.89) with interest and costs. Respectfully submitted, LOU~ ASSOC., P.C. Attorney for Plaintiff JOHNSON, GERALD E. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest (Plus Late charges through 03/08/2001 0 months @ 17,14 Accumulated beforehand (Plus $17.14 on the 17th day of each month after Attorney's fee 8.0000% from 08/01/00 through 03/31/200I $9.4519 per day after 03/31/2001 ) 0.00 O,00 03/08/2001 ) 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 sheriff's sale) BALANCE DUE 43,124.29 2,287.36 119.98 2,156.21 2.895.05 50,582.89 83-86-G1 il :SG PREMIER ABSTRACT ID=717243339/~ P13/27 LEGAL DESCRIPTION ALL ~ha~ certain lot of ground situate in the Borough of Carlisle, Cumberland County. Penns71vania, hounded and described as foll~ws~ ON the Nor=h by property now or formerly of Nellie Liszman; on the east by a twelve foot alley, on =he South by propext¥ now or ~ormcrly o£ Irvin Walzers; and on =he wes~ by North Pitt ¢ontainin9 twenzy-feur (24) feet in fron~ on North Pitt Street and extending in depth one hundred twelve (112) feet in front on North Pi=~ S=ree~ and extending in depth one hundred twelve (112) feet to the aforesaid alley, and having =hereon erected a brick dwelling. ~IN~ ~he same prem~see conveyed ~y Car~ele Housim~ Oppor~n~ties Corporation by deed of evem da~e en~ ~n~ended ~o be receive& s~aul=aneousl¥ herewith Office of the Recorder of Deeds o~ Cumberland County, Pennsylva~ia, un~o Gerald Johnsen, the ~or~gagor herein. E= office for the ~e~di~g 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 unswom 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, 2001 SHERIFFIS RETURN - REGULAR CASE NO: 2001-01441 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS JOHNSON GEP~ALD E BRIAN BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE JOHNSON GERALD E DEFENDANT , at 0013:07 HOURS, at 143 N PITT ST CARLISLE, PA 17013 by handing to SHERRY JOHNSON (Wife) a true and attested copy of COMPLAINT - MORT FORE NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 15th day of March the , 2001 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this 2X~-- day of Q ]/L~L- ~/ A.D. rothonotafy So Answers: R. Thomas Kline L030/UI1S6/~?0~ITTI &~SS~C. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO, CIVIL DIVISION VS Plaintiff, NO:01-1441 GERALD E. JOHNSON Defendant THE PROTHONOTARY OF CUMBERLAND COUNTY KINDLY settle, discontinue - Verdicts, Judgments, Executions, Awards, Decrees, Equity, Liens, Counterclaims or Cross-claims and Plaintiff's case or as to Garnishee only, -'--~'~ui~ K Vi.i, Esquire Attorney for Plaintiff I hereby certify that the foregoing is a true and correct statement of the above case. Date Pro. Cost Sheriff due_ Cert. BY SWORN TO and subscribed before me this 3RD day N ot~('y Public Prothonotary Notarial Seal Kathleen Cart, Notary Public Pittsburgh, Allegheny County My Commission Expires May 1, 2004 Member, Pennsylvania Association ct Notaries