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Home My WebLink About10-6180GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF FILED-OFFICE 01- THE PROTHONOTARY 20 10 SEP 27 PM 2: 2 9 CUMBERLAND COUNT`'' PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION SB/M NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK 3232 New Mark Drive Miamisburg, OH 45342 vs. JOHN R. REIFF Mortgagor and Record Owner 11 3rd Street Extension Enola, PA 17025 Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CivilTi°('M lo-10180 No. Defendant I CIVIL ACTION: MORTGA(3E 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or 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 claim in the Complaint of 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 DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT 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 LEGAL SERVICES INC O 8 Irvine Row *ga • 00 Pa )k ny ?' S73Q7 Carlisle, PA 17013 o ?* a? 8802 a 717-243-9400 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE, AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website htip://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: httl2://www.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a)goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 10270617C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is PNC BANK, NATIONAL ASSOCIATION S/B/M NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, 3232 New Mark Drive, Miamisburg, OH 45342. 2. The names and addresses of the Defendant is JOHN R. REIFF, 11 3rd Street Extension, Enola, PA 17025, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On November 01, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1971 Page 4144. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 01, 2010 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$134,993.56 Interest from 04/01/2010 through 09/14/2010 at 7.9300% .......................$4,841.67 Per Diem interest rate at $29.33 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$6,749.68 Late Charges from 05/01/2010 to 09/14/2010 .............................................$103.02 Monthly late charge amount at $51.34 Costs of suit and Title Search (Estimated) ...................................................$900.00 Pro Rata MIP/PMI .......................................................................................$462.52 Escrow Advance .................................................•.....................................$1,020.15 Total Fees .......................................................................................................$79.50 Monthly Escrow amount $405.71 $149,150.10 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in person am" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $149,150.10, together with interest at the rate of $29.33, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Wrtgage and Sheriff's Sale of the Property. By: GOLDS Michael & MCKEEVER Pa. ID 56129 ary McCafferty Pa. ID 42386 &)L*s.a Lee Pa. ID 78020 rstina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 ATTORNEYS FOR PLAINTIFF VERIFICATION The undersigned attorney for Plaintiff is authorized to make this verification and states that the facts set forth in the foregoing Complaint are true and correct to the best of his or her knowledge, information and belief. The undersigned understands that statements made in this verification are subject to the penalties of 18 Pa.C.S.A. §4904. Date: D?? I C) By: _ /Zzz 4 GOLD CK CCA RTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 isa Lee Pa. ID 78020 IKristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff #I02706FC JOHN R. REIFF 11 3rd Street Extension Enola, PA 17025 EyhibitA = TX&T CXRZk= piece or parcel of land situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described as follows, to wit: MEGlMO M4 at a stake in the Southern line of Third street (a 50 foot street) said stake being 240 feet West of the Western line of Enola Road; THENCE along the Southern line of said Third Street North 61 degrees .30 minutes Nest 80 ;feet to a stake in the Eastern line of a 50 foot street (unopened); THENCE along the Eastern line of the latter 50 foot street south 28 degrees 30 minutes Hest 150 feet to a stake; THENCE by land now or late of George F. Moore South 61 degrees 30 minutes East 80 feet to a stake; TRUCE along land now or late of George F. Moore North 28 degrees 30 minutes East 150 feet to a stake, the place of BEGINNING. HAVING THEREON erected a single brick dwelling. -JLZ--- 11971PG14 16 1. Exhibit (B Q PNC MOKTUAGU? P.O. Box 1820 Dayton, Ohio 45401-1820 7107 8381 6540 2113 6577 August 10, 2010 53452-0000010-001-001-000-000-000 PNC Mortgage 3232 Newmark Drive Miamisburg, Ohio 45342 Telephone: (937) 910-1200 Mailing Address: P.O. Box 1820 Dayton, Ohio 45401-1820 REIFF,JOHN R 11 3RD STREET EXT ENOLA PA 17025-2154 DATE: August 10, 20 10 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) mU be able to help to save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housinc Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFFICACI6N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): REIFF,JOHN R PROPERTY ADDRESS: 11 3RD ST EXT LOAN ACCT. NO.: ORIGINAL LENDER: n/a CURRENT LENDER/SERVICER: PNC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face'ineeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR _WITHIN (331 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the prgprM is locatedare set forth at the end of this Notice. It is only necessaryto schedule one face-to-face meeting. Advise your lenderimmediatelyof your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner'sEmergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROMSTARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTIONCALLED "TEMPORARYSTAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'SSALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 11 3RD ST EXT ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) May 01, 2010 to August 01, 2010 and the following amount(s) are now past due: Monthly Payments 5,729.96 Corporate Fees 0.00 Late Charges 51.68 Non-Sufficient Funds .00 Fax Fees .00 Property Inspection Fees .00 Less Suspense Balance .00 Total Amount Past Due $5,781.64 HOPI TO CURE THE DEFAULT - You may cure the default within thirty (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,781.64, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Paymen s must be made either by cashier's check certified check cash or money order made payable and sent to: PNC Mortgage Collections Center 3232 Newmark Dr Miamisburg, OH 45432 This is an attempt to collect a debt, any information obtained will be used for that purpose. Enclosure DR672 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediatelyand you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged ro e IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable-attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. BHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing env other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately nine - ten months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER : Name of Lender: PNC Mortgage Address: 3232 Newmark Dr. Miamisburg, OH 45432 Phone Number: 1-800-523-8654 Fax Number: 937-9104009 Contact Person: Collections Center pncmo gage.com E-Mail Address: Loss. Mitigation(a EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --- You may or may not X (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOr ~~~y~>,tp of '~ irinGrr/~~~ ~~ -_~ t- ,.,.' 4~FFf~E ' ~ TAE S~tiRlt`R ~:tlir~C~t..A~~~ ~OU~~ ~ `a PNC Bank National Association vs. John R. Reiff Case Number 2010-6180 SHERIFF'S RETURN OF SERVICE 09/30/2010 05:41 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2010 at 1741 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: John R. Reiff, by making known unto Kelly Swank, adult in charge at 11 N. 3rd Street Extended, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 October 01, 2010 s~ yl~E~.~l-t~i= ~'!C~ ~~ T°~~ ~~'a~~~~"~~~~OTAF`~' i DENN S FRY, DEPUTY SO ANSWERS, `._. RON R ANDERSON, SHERIFF (ci CountySuite Sheriff. Teleosofl, Inc. {01 TK? PRp Pd?CI? Joseph K. Goldberg, Esquire TA p, 2080 Linglestown Road, Suite 106 Q Harrisburg, PA 17110 DEC 20 pH 3: 2 7 (717) 703-3600 jgoldberg@ssbc-law.com ?.11??RL?e , f,b PA 1D #46782 P?!J Yi VA NIA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, : CIVIL TERM (LAW) Plaintiff NO. 10-6180 V. ACTION IN MORTGAGE JOHN R. REIFF, FORECLOSURE Defendant NOTICE TO PLEAD TO: PNC NATIONAL BANK, NATIONAL ASSOCIATION c/o Kristina Murtha, Esquire You are hereby notified to file a written response to the enclosed Net Matter within twenty (20) days from service hereof or a judgment may be entered ainst you. h-K.- Goldber , quire ey for Defen t Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA ID #46782 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL TERM (LAW) Plaintiff NO. 10-6180 V. ACTION IN MORTGAGE JOHN R. REIFF, FORECLOSURE Defendant ANSWER WITH NEW MATTER AND NOW COMES Defendant, John R. Reiff, by and through his attorney, Joseph K. Goldberg, who answers Plaintiff's Complaint, with New Matter, as follows: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. To the contrary, payments were made after May 1, 2010 that included principal, interest and other items due for periods after May 1, 2010. Plaintiff has failed to properly account for those payments or credit Defendant. The averments as to the entire principal balance being due and collectible are conclusions of law to which no response is required. 6. Denied. Amounts due on the Note secured by the Mortgage are not as averred in paragraph 6. To the contrary, they are significantly less or non-existent, due to Plaintiff's failure to properly account for payments and credit Defendant for them. It is denied that an attorney's fee of 5% of the Principal Balance is reasonable, and that fees such as Costs of suit and Title Search are reasonable or accurate. 7. The averments of paragraph 7 are conclusions of law to which no response is required. To the extent a response is required, the averments are denied. 8. The averments of paragraph 8 are conclusions of law to which no response is required. To the extent a response is required, the averments are denied. 9. The averments of paragraph 9 are conclusions of law to which no response is required. To the extent a response is required, the averments are denied. It is denied that the Notice referenced in paragraph 9 is accurate. To the contrary, the amounts referenced in the Notice are incorrect, rendering the Notice invalid. WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint be dismissed, with costs assessed against Plaintiff. NEW MATTER 10. Plaintiff cannot proceed without presenting the Note which created Defendant's obligation. 11. Plaintiff has failed to properly credit Defendant with payments he made. 12. Plaintiff has wrongfully rejected payments which Defendant attempted to make to Plaintiff. 13. Any default was cured by Defendant's payments. 14. The amounts claimed for attorney's fees are not reasonable and in excess of those permitted by law. 2 15. The amounts requested for costs are in excess of those actually paid or are unreasonable. WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint be dismissed, with costs assessed against Plaintiff. Respectfully submitted, JoApb-K. GVdb , Esquire orney ID 82 2080 Lingleoad, Suite 106 Harrisburg, 0 (717)703- 3600 Date: Attorney for Defendant 3 VERIFICATION I, John R. Reiff, hereby state that I have reviewed the foregoing pleading, and verify that the facts set forth in the document are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: JOF?K R. REIF CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the day of , 2010,1 /j_A served a copy of the foregoing Answer with New Matter, by first-class mail, postage prepaid, upon the following: Kristina Murtha, Esquire Goldbeck, McCafferty & McKeever Suite 500, Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Jill P. Jenkins, Esquire Attorney I.D. # 306588 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION SB/M NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK 3232 New Mark Drive Miamisburg, OH 45342 vs. JOHN R. REIFF Mortgagor and Record Owner 11 3rd Street Extension Enola, PA 17025 FILED-OFFICE ?r? A11) CCI,d} ', NS VA t, IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 10-6180 CIVIL TERM PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, by and through its undersigned counsel, hereby responds to Defendant's New Matter as follows: 10-13 . Denied. The averments in paragraphs ten (10) through (13) thirteen are conclusions of law to which no response is necessary. 14-15. Denied. The averments in paragraphs fourteen (14) through (15) fifteen are conclusions of law to which no response is necessary. By way of further response, Foulke v. Hatfield Fair Grounds Bazaar, 173 A.2d 703 (1961), allows for attorney's fees in the amount of 5% of unpaid principal balance and reasonable costs of suit in a mortgage foreclosure action. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant as prayed for in Plaintiff s Complaint. Respectfully submitted, Goldbeck McCafferty & McKeever daljakAI?2 Ji P. e s, Esquire Attorney for Plaintiff VERIFICATION Jill P. Jenkins hereby states that she is attorney for Plaintiff, PNC BANK, NATIONAL ASSOCIATION S/B/M NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, Plaintiff in this matter, and that all of the facts set forth in the attached Plaintiff's Reply to New Matter are true and correct to the best of her information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. § 4904. (I#"- J. Je ns, Esquire Attorney for Plaintiff LT/# 102706FC/Reiff w ' GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION S/B/M NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK 3232 New Mark Drive Miamisburg, OH 45342 VS. JOHN R. REIFF Mortgagor and Record Owner 11 3rd Street Extension Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 10-6180 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent by first class mail, postage pre-paid, upon the following on the date listed below: Joseph K. Goldberg, Esquire 2080 Linglestown Road Suite 106 Harrisburg, PA 17110 GOLDBECK, McCAFFERTY & McKEEVER Date: cl Jami n Litigation Paralegal