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Home My WebLink About10-5748 t'J t'LN : V vXN1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Mortgage, a division of PNC Bank, CIVIL DIVISION National Association, ^ NO. 10 - 51748 ?tv i I term Plaintiff, COMPLAINT IN MORTGAGE FORECLOSURE vs. Susan Noble, individually and as Administratrix of the Estate of Michael D. Noble, Deceased, MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #01072 Defendants. TO DEFENDANT(SI: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT IN MORTGAGE FORECLOSURE Vitti and Vitti and Associates, P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. By, /S/ dour P. Viii Attorney for Plaintiff 4a . oo p O ATrV e? R icf.IS7 p ay7W Vitti and Vitti and Associates, P.C. BY: Louis P. Vitti, Esquire I.D. #01072 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 for Plaintiff PNC Mortgage, a division of PNC Bank, National Association, Plaintiff, vs. Susan Noble, individually and as Administratrix of the Estate of Michael D. Noble, Deceased, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 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 1-800-990-9108 (717) 249-3166 Vitti and Vitti and Associates, P.C. BY: Louis P. Vitti, Esquire I.D. #01072 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 PNC Mortgage, a division of PNC Bank, National Association, Plaintiff, vs. Susan Noble, individually and as Administratrix of the Estate of Michael D. Noble, Deceased, Defendants. for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. NOW, comes the Plaintiff by its attorneys, Vitti and 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 3232 Newmark Drive, Miamisburg, OH 45342. Plaintiff is successor by merger to National City Real Estate Services LLC, which was successor by merger to National City Mortgage Inc, which was formerly known as National City Mortgage Co. 2. The property address is 831 W. Louther Street, Carlisle, PA 17013 and is the subject of this action. 3. Michael D. Noble (hereinafter "Decedent) was an individual who died on March 16, 2010, domiciled at Carlisle, Cumberland County, Pennsylvania, who was the mortgagor. 4. Defendant is an individual who resides at 340 Arbor Drive, #231, Ridgeland, MS 39751, who is a personal representative of a deceased mortgagor, an heir of a deceased mortgagor, and the real owner of the mortgaged property. 5. On the 30th day of July, 1999, in consideration of a loan of Ninety Six Thousand Nine Hundred and 00/100 ($96,900.00) Dollars made by National City Mortgage Co. to Decedent, the said Decedent executed and delivered to National City Mortgage Co. a "Note" secured by a Mortgage with the Decedent as mortgagor and National City Mortgage Co., as mortgagee, which mortgage was recorded on the 30th day of July, 1999, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1560 Page 1132. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. The Plaintiff is the legal owner of the mortgage and is seeking enforcement of the mortgage through foreclosure. 6. The premises secured by the mortgage are: SEE EXHIBIT 'A "ATTACHED HERETO. 7. 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." 8. Since April 1, 2010, 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. 9. 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). 10. The amount due on said mortgage is itemized on the attached schedule. 11. 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 Ninety Four Thousand Six Hundred Sixty Two and 63/100 ($94,662.63) with interest and costs. Respectfully submitted, VIl'TI AND VITfI AND SSOCIATES, P.C. BY: 7 C toui, P. Vi i, squire Attorney for Plaintiff SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 83,020.84 Interest @ 7.5000% from 03/01/10 through 9/30/2010 3,633.58 (Plus $17.0591 per day after 9/30/2010 ) Late charges through 9/1/2010 0 months @ 34.25 Accumulated beforehand 34.25 (Plus $34.25 on the 17th day of each month after 9/1/2010 ) Attorney's fee 4,151.04 Escrow deficit 3,822.92 (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 94,662.63 EXHIBIT "A" LEGAL DESCRIPTION ALL those certain lots of ground with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, known as Lot Nos. 8 and 9 of the certain Plan of Lots known as the Revised Plan of Lots on the Bretz Tract, which Plan of Lots is recorded in the office of the Recorder of Deeds in and for said Cumberland County in Plan Book 3, Page 87, being more particularly bounded and described as follows: BEGINNING at a point on the North side of West Louther Street, Extended, in line of Lot No. 7 of the above mentioned Plan; thence by the same in a northerly direction 240 feet to the South side of a 20 feet alley; thence by the same in an easterly direction 80 feet, more or less, to line of Lot No-10, the property now or formerly of Vaughn R. Barr; thence by the same in a southerly direction 240 feet, more or less, to the North side of West Louther Street; thence by the same in a westerly direction 80 feet, more or less, to the Place of BEGINNING, and improved with a dwelling known as No. 831 West Louther Street, Carlisle, Pennsylvania. 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. P. Dated: September 1, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY -OFFICE Ronny R Anderson r'`) P IC J? Y Shariff Jody S Smith Chief Deputy Richard W Stewart Solicitor doll%r of atut?rr? ?d C to _ -I ! (^ roar; - r D CC, Ll PNC Mortgage VS. Susan Noble SHERIFF'S RETURN OF SERVICE Case Number 2010-5748 09/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Susan Noble, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Susan Noble. The Carlisle Postmaster has confirmed, Susan Noble has moved and left no forwarding address. SHERIFF COST: $33.40 SO ANSWERS, September 17, 2010 RON F ANDERSON, SHERIFF {c) COWITY uite :heat, Teleosoft, inc. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Mortgage, a division of PNC Bank, Civil Division National Association, No. 10 - 5748 Civil Term Plaintiff, COMPLAINT IN MORTGAGE vs. FORECLOSURE Susan Noble, individually and as MORTGAGE FORECLOSURE Administratrix of the Estate of Michael D. Noble, Deceased, Defendants. NOTICE TO PLEAD TO: PNC Mortgage c/o Louis P. Vitti, Esquire Vltti and Vitti and Associates, P.C. 215 Fourth Avenue Pittsburgh, Pennsylvania 15222 6 a tJ+ C.3 r? You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted, Rominger & Associates Date: lj Karl F1Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Mortgage, a division of PNC Bank, Civil Division National Association, No. 10 - 5748 Civil Term VS. Plaintiff, Susan Noble, individually and as Administratrix of the Estate of Michael D. Noble, Deceased, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE MORTGAGE FORECLOSURE PRELIMINARY OBJECTIONS AND NOW, comes Susan Noble, individually and as Administratrix of the Estate of Michael D. Noble, Deceased, by and through her counsel Karl E. Rominger, Esquire, and in support of her Preliminary Objections, avers as follows: 1. The complaint filed in this matter lacks as written sufficient facts to grant this Court subject matter jurisdiction. 2. The averments therein fail to state when the ACT 91 Letter was sent, and no copy of the letter is attached to the complaint. WHEREFORE Defendant requests the complaint be dismissed. Date: ll .r> Respectfully Submitted, Rominger & Associates l Karl E. inger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Mortgage, a division of PNC Bank, National Association, Plaintiff, vs. Susan Noble, individually and as Administratrix of the Estate of Michael D. Noble, Deceased, Defendants. Civil Division No. 10 - 5748 Civil Term COMPLAINT IN MORTGAGE FORECLOSURE MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Preliminary Objections upon the following by depositing the same in the United States mail, first class, postage pre-paid, addressed as follows: Date: Louis P. Vitti, Esquire VItti and Vitti and Associates, P.C. 215 Fourth Avenue Pittsburgh, Pennsylvania 15222 Respectfully Submitted, Rominger & Associates Karl Cminger, Esquire 155 Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant rR' ED-OFFICE 63= THE PROTHONOTAW" 2011 FEB -9 PM 1: 06 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC Mortgage, a division of PNC Bank, N.A. Plaintiff, CIVIL DIVISION No. 10-5748 Civil Term PRAECIPE TO SETTLE, DISCONTINUE AND END vs. Susan Noble, individually and as Administratix of the Estate of Michael D Nobel, Deceased, Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Viitti, Esquire PA I . D . #01072 Defendants. Vitti & Vitti & Assoc., P.C. 215 Forth Avenue Pittsburgh, PA 15222 (412) 281-1725 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC Mortgage, a division of PNC Bank, N.A. Plaintiff, vs. Susan Noble, individually and as Administratix of the Estate of Michael D. Nobel, Deceased, Defendants. TO: THE PROTHONOTARY NO: 10-5748 Civil Term KINDLY Settle, Discontinue, and End Plaintiff s case in the above-captioned matter. r V I A1j!!jCIA6iS'/A- BY: /1$ Louis P. Vitti, Esquire Attorney for Plaintiff