The URL can be used to link to this page

Home My WebLink About11-1709F!LEJ-t FF,'C;E Vi TiJ ,- i'R0THJN0TAj, 21711 FEB 14 AH 11: tip `CUMBERLAND COUINTY PEHNS YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION _ NO. 11-1w)c) CiVij ?er+M Plaintiff, COMPLAINT IN MORTGAGE FORECLOSURE vs. OWEN D. HIGHAM AND LAURIE A. HIGHAM MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Defendants. e °' 5 /;?? `/ Louis ', Esquire PA I. D. #.0-:18- vg Cdr' TO DEFENDANT(S): YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT IN MORTGAGE FORECLOSURF WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Vitti and Vitti and Associates, P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 By: /S/ .40$*t* P. 1/^ Attorney for Plaintiff 0-11 aosC? 3 amass ?i? PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. OWEN D. HIGHAM AND LAURIE A. HIGHAM Defendant. 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 BYTHE 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 COMPLAINT IN MORTGAGE FORECLOSURE NOW, comes the Plaintiff by its attorneys, Vitti and Vitti and Associates, P.C. and L c i, 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. The Plaintiff is the holder of the mortgage and is seeking enforcement of the mortgage through foreclosure. 2. The Defendant(s) is/are individuals with a last known mailing address of 22 Courtland Road, Lower Allen PA 17011. The property address is 22 Courtland Road, Lower Allen PA 17011 and is the subject of this action. 3. On the 6th day of December, 1993, in consideration of a loan of Seventy Seven Thousand Five Hundred Thirty Eight and 00/100 ($77,538.00) Dollars made by Sears Mortgage Corporation to Defendant, the said Defendant executed and delivered to Sears Mortgage Corporation a "Note" secured by a Mortgage with the Defendant as mortgagor and Sears Mortgage Corporation, as mortgagee, which mortgage was recorded on the 14th day of December, 1993, in the Office of the Recorder of Deeds of Cumberland County, at Book No 1185 Page No. 89. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. Plaintiff is successor by merger to National City Real Estate Services LLC which was SBM to National City Mortgage, Inc. which was FKA National City Mortgage Co. 4. The premises secured by the mortgage are: SEE EXHIBIT 'A "ATTACHED HERETO. 5. On the 30th day of December 1994, PNC Mortgage Corp which was formerly known as Sears Mortgage Corporation assigned to National City Mortgage Co., the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds of Cumberland County on the 31st day of January, 1995, in Mortgage Book Volume 490, page 390. 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 June 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. 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 Sixty Three Thousand Seven Hundred Eighty and 45/100 ($63,780.45) with interest and costs. Respectfully submitted, VITTI & VITT& ASSOCIATES, P.C. BY jr" .r ' Esquire GSM K4 Attorney for Plaintiff SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 7.0000% from 05/01/10 through (Plus $10.3883 per day after 2/28/2011 ) Late charges through 2/4/2011 0 months @ 29.68 Accumulated beforehand (Plus $29.68 on the 17th day of each month after Attorney's fee 54,167.52 2/28/2011 3,147.65 173.58 2/4/2011 ) 2,708.38 Escrow deficit 3,583.32 (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 63,780.45 EXHIBIT ""A" LEGAL DESCRIPTION p ALL THAT CERTAIN tract or parcel of land, situate to Lower Allen Township, jl Cumberland County, Pennsylvania, bounded and described in accordance with A fiurvey and plan thercoi !Wade by D, P. Raffeaspergor Associates, Engineers and Surveyors, dated November 21, 1973, as follows, .o-wit: BEGINNING at a point on the Northerly sine of Courtland Road (50 fact wide) which point is 622.97 feet in a westerly direction from the, northwesterly corner of the intersection of Cumberland and Courtland Mods; TIMM along, the northerly line of Courtland Road. in an arc, having o radius of 1:84 feet in a westerly direction 54.0 fact to a point; THENCE North 14 degrees 26 minutes East 29.08 feet to a point; TNCNCE North QL degrees 02 minutes East 126.90 feet to a point on the 4outhern line of Lot No. 92 on the hereinafter mentioned Plan of Lots; 'TZN CE along the southern line of Lots Nos. 926'and 93 South 78 degrees 23 -!mutes Ease 101.07 feet to a point on the western line of Lot No. 75; TNENCLalong the western line of Lot No. 75 South 22 degrees 25 otnutes West 160 feet to a point on the northerly line of Courtiand f Road, the place of BEGINNING. BLDG part of Lot No. 7b, Tract No. 3 on the Plan of Cumberland Park,- recorded in Plan Book 6, Page 3. EEINC Itnown as No. 22 Courtland Road. VERIFICATION ["q M4 AND NOW U P 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. i Dated: February 4, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTRY F Ronny R Anderson t CO - P7 Sheriff M ?.tllfl(/E;tf co 1 `' p ' Jody S Smith J ?' ` .. + 1 Chief Deputy € - - t ?. Richard W Stewart Solicitor PNC Bank, NA Case Number vs. Owen D. Higham ( et al.) 20 11-17 09 SHERIFF'S RETURN OF SERVICE 02/17/2011 05:32 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2011 at 1732 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Laurie A. Higham, by making known unto herself personally, at 22 Courtland Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. GERALD WORTHINGT DEPUTY 02/22/2011 05:32 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2011 at 1732 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Owen D. Higham, by making known unto himself personally, at 22 Courtland Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. GERALD WORTH INGTO EPUTY SHERIFF COST: $57.50 February 22, 2011 SO ANSWERS, RbNK'Y ^ R ANDERSON, SHERIFF ri CO L V7'y'SUIW Sh;E;?rf7. T-E: BG OFY IfI :.;. David D. Buell' Prothonotary Office of the Prothonotary Cum6er[and County, Pennsylvania 7CirkS. Sofionage, ES`Q Solicitor //- /7(:)7 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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 • Suite100 • CarCisCe, 4'A • (Fhone 717 240-6195 • Ta. 717 240-6573