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Home My WebLink About11-2640t it_i:0`Oi:'1` iCE ,,, 'J i HONOTA t 211 t??R -3 ?1? IG? ? ,, j?jBERLAND COUNTY pa"NSYLVANIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. - a (? C,t 1(t l (-?.y IM COMPLAINT IN MORTGAGE FORECLOSURE VS. BENJAMIN H. MILLIKEN, III 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. By: /S/ 34+04 1?. 1/m Attorney for Plaintiff MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Lois M. Vitti, Esquire PA I.D. #209865 Vitti & Vitti & Associates, P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 Q ?q a. o o ?d a +`/ {ao??S v.amass'787 PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. BENJAMIN H. MILLIKEN, III, 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 Defendant. COMPLAINT IN MORTGAGE FORECLOSURE NOW, comes the Plaintiff by its attorneys, Vitti & Vitti & Associates, P.C. and Lois M. 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 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 720 Shaffer Street, Enola PA 17025. The property address Js 720 Shaffer Street, Enola PA 17025 and is the subject of this action. 3. On the 5th day of September, 2003, in consideration of a loan of Ninety Thousand Nine Hundred Thirty Three and 00/100 ($90,933.00) Dollars made by National City Mortgage Co. to Defendant, the said Defendant executed and delivered to National City Mortgage Co. a "Note" secured by a Mortgage with the Defendant as mortgagor and National City Mortgage Co., as mortgagee, which mortgage was recorded on the 11th day of September, 2003, in the Office of the Recorder of Deeds of Cumberland County, at Book No. 1835 Page No. 1525. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. The 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. 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." 6. Since September 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. 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 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). 8. The amount due on said mortgage is itemized on the attached schedule. 9. 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 Two Thousand Six Hundred Ninety One and 08/100 ($92,691.08) with interest and costs. Respectfully submitted, VITTI ASSOCIATES, P.C. BY: Lois 'A. itt, Esquire Attorney for Plaintiff SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 5.7500% (Plus $12.7802 Late charges through 0 months @ Accumulated be (Plus $27.33 Attorney's fee from 08/01/10 through per day after 2/28/2011 ) 2/28/2011 27.33 forehand on the 17th day of each month after 81,126.29 2/28/2011 2,696.62 190.05 2/28/2011 ) 4,056.31 Escrow deficit 4,621.81 (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 92,691.08 EXHIBIT ""A" LEGAL DESCRIPTION EXHIBIT "A" ALL THAT. CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Shaffer Street at the easterly line of Lot No, 2 on the hereinafter mentioned Plan of Lots, said point being 91.72 feet measured along said line of Shaffer Street eastwardiy from the easterly line of Herin Lane; thence along said line of Shaffer Street North 71 degrees 58 minutes 30 seconds East 26 feet to a point; thence by the westerly line of Lot No. 4 on said Plan South 18 degrees 01 minutes 30 seconds East 114.63 feet to a point on One of land now or formerly of Donald F. Neidig; thence by said Neidig land South 69 degrees 55 minutes 40 seconds West 26.02 feet to a point; thence by the easterly line of Lot No. 2 aforesaid, North 18 degrees 01 minute 30 seconds West 115.56 feet to a point at the southerly line of Shaffer Street, the place of BEGINNING. BEING Lot No. 3 on Plan No. 1, Gatesway Townhouses, said Plan being recorded in Plan Book 38, Page 144, Cumberland County Records.. HAVING thereon erected a townhouse, No. 720 Shaffer Street, Enola, Pennsylvania. UNDER AND SUBJECT to easement of access in favor of other owners of lots on said Plan and together with the right to use said easement and the easement between Lots 6 and 7 as appears thereon in common with other owners similarly entitled. BEING THE SAME PREMISES which Beverly A, Cleland, by deed dated September. < 2003, and intended to be recorded simultaneously herewith in the Office of the Recorder of Deed'of Cumberland County, granted and conveyed unto Benjamin H. Milliken, III, Mortgagor herein. VERIFICATION AND NOW Lois M. Vitti verifies that the statements made in this Complaint are true and correct to the best of her 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. Lois M. ' i Dated: February 28, 2011 i I E ?" " THE ?R(?T?i?]P?t?Tj'? ; 2011 MAY -2 PM 2: ":?9 CUMBERLAND COUNT'i PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC Bank, N.A. Plaintiff, vs. CIVIL DIVISION No. 11-2640 Civil Term PRAECIPE TO SETTLE & DISCONTINUE Benjamin H. Milliken, III, Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I. D. #01072 Vitti & Vitti & Assoc., P.C. 215 Forth Avenue Pittsburgh, PA 15222 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC Bank, N.A. Plaintiff, vs. Benjamin H. Milliken, III, Defendants. TO: THE PROTHONOTARY NO; 11-2640-Civil Term KINDLY settle and discontinue Plaintiff's case in the above-captioned matter. VIT VITT CJAT,,E? P C. BY: uis P. Vitti, Esquire Attorney for Plaintiff