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Home My WebLink About04-4639IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, COMPLAINT IN EJECTMENT VS. ORVILLE NAUSS AND/OR TENANT/OCCUPANT, Code: EJECTMENT Filed on behalf of Plaintiff Defendants. 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 EJECTMENT 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, : : Plaintiff, : vs. : NO: O~ - : ORVILLE NAUSS AND/OR TENANT/OCCUPANT, : : Defendants. : COMPLAINT IN EJECTMENT AND NOW, comes the above-captioned Plaintiff, by and through its counsel, Louis P. Vitti & Associates, P.C. and Louis P. Vitti, Esquire, who files this Complaint in Ejectment as follows: 1. The Plaintiff is a corporation having a principal place of business located at 3232 Newmark Drive, Miamisburg, OH 45342. 2. The Defendant(s) are individuals, sui juris, whose last known address was 432 Third Street, Enola, PA 17025. 3. On March 28, 2000, the Plaintiff or its predecessor in title lent to Defendant(s) and/or their predecessor(s) in title, the sum of Sixty Six Thousand, Three Hundred Sixteen and 11/100 ($66,316.00), and in consideration thereof, the Defendant(s) and/or their predecessor(s) in title, executed a mortgage which was recorded on March 29, 2000, in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book Volume 1602, page 1092. 4. The premises secured by the mortgage (hereinafter "the Property,') are described in the document that is attached hereto, made a part hereof, and called Exhibit "A". 5. The mortgage provides that, in the event of default, the holder thereof has the rights, inter alia. to take possession of the Property and to foreclose the mortgage. 6. Since April 1, 2001, the mortgage has been in default by reason of the failure of the mortgagor(s) to make appropriate payments. 7. An action in mortgage foreclosure was instituted in the Court of Common Pleas of Cumberland County at No. 01-5377 Civil Term, and ultimately a sheriff's sale of the Property -- at which Plaintiff or its predecessor in title was the successful bidder -- occurred on September 8, 2004. 8. Plaintiff, National City Mortgage Company, or its subrogee pursuant to a policy of mortgage insurance under the National Housing Act has the right to immediate possession of the Property. 9. Defendant(s) and/or all other occupants continue to occupy the Property. 10. Any alleged claim of Defendant(s) to possession of the Property is as or through the owner(s)/mortgagor(s) described in Paragraph 3 hereof. WHEREFORE, Plaintiff prays Yot~r Honorable Court enter Judgment in favor of the Plaintiff, National City Mortgage Company, for sole possession of the Property and vesting the title of said premises in the Plaintiff. By: Respectfully submitted, LOUIS P. VITTI & ASSOCIATES, P.C. Lo~s P. Vitti, Esquire ~t~6rney for Plaintiff LEGAL DESCRIPTION All that certain tract or parcel of land and premises, situate, lying and being in the-Township of East Pennsboro (formerly known as the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows: ~' Beg/nning at a point on the Western line of North Third Street, said point being by sarne measured in a Southeasterly direction 173 feet from the center hne of Locust Sweet; thence South 42 degrees 30 minutes East along said Western line of No~ Third Street a distance of 20.00 feet to a drill hole; thence South 46 degrees 27 minutes 30 seconds West along the Northen line of lands of Joseph Bower a distance of 110.02 feet to a p.k. nail on the Eastern line of Chesmut Street; thence North 42 degrees 30 minutes West along said Eastern line of C'hestnut Street a distance of 22.00 feet to a p.k. nail; thence North 47 degrees 30 minutes East along the Southern line of lands of Williams Kindness and being through the center line ora partition wall and beyond a distance of 110,00 feet to a drill hole on the Western line of North Third Street, the point and place of beginning. Having erected thereon a dwelling known as 432 Third Street, Enola, PA 17025 Parcel# 45-17-1044-023 Being the stune premises which Thomas W. Shumaker, Sr and Sherry L. Shumaker, by their Deed dated 03/24/2000 and recorded on 03/29/2000 in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book Volume 218, page 314, granted and conveyed unto Orville F. Nauss EXHIBIT" ' VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint in Ejectment 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 Plaintiffis 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: September 13, 2004 SHERIFF'S RETURN - CASE NO: 2004-04639 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANy VS NAUSS ORVILLE REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon NAUSS ORVILLE the DEFENDANT , at 2000:00 HOURS, on the 20th day of September, 2004 at 432 THIRD STREET ENOLA, PA 17025 ORVILLE NAUSS by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 Sworn and Subscribed to before me this ~3~._ day of ~2~ ~ , ,~4 %~ A.D. / ;Prothonotary So Answers: R. Thomas Kline 09/21/2004 LOUIS VITTI Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION No. 04-4639-Civil Term Plaintiff, VS. ORVILLE NAUSS AND/OR TENANT/OCCUPANT, PRAECIPE FOR DEFAULT JUDGMENT AND CERTIFICATION OF MAILING AND AFFIDAVIT OF NON-MILITARY SERVICE Code 040 EJECTMENT Filed on behalf of Plaintiff Defendants. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, vS ORVILLE NAUSS AND/OR TENANT/OCCUPANT, Defendants. NO: 04-4639-Civil Term PRAECIPE FOR DEFAULT JUDGMENT TO: CUMBERLAND COUNTY PROTHONOTARY Please enter judgment for possession and/or ejectment as a result of the Defendants' failure to file an Answer and/or a responsive pleading for the property located at 432 Third Street, Enola, PA. LOUIS P. VITTI & ASSOCIATES, P.C. Louis P. Vitti, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, vs ORVILLE NAUSS AND/OR TENANT/OCCUPANT, Defendants. NO: 04-4639-Civil Term CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on October 13, 2004, giving ten (10) day notice that judgment would be entered should no action be taken. SWORN to and subscribed LOUIS P. VITTI & ASSOCIATES, P.C. Louis P. Vitti, Esquire Attorney for Plaintiff before me this 26th day of October, 2004. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, VS ORVILLE NAUSS AND/OR TENANT/OCCUPANT, Defendants. NO: 04-4639 Civil Term IMPORTANT NOTICE TO: Orville Nauss Tenant/Occupant 432 Third Street Enola, PA 17025 Date of Notice: October 13, 2004 YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LOUIS~VITTI & ASSOCIATES, P.C. (_.L~uis P. Vitti, Esqu'ire~ Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY, BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. SWORN to and subscribed before me this 26th day of October, 2004. Notary. Publ'.:. iff" ~ /:..j~,,;~ .3 Lou~ P. Vitti, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, CIVIL DIVISION No. 04-4639-Civil Term Plaintiff, PRAECIPE FOR WRIT OF POSSESSION AND AFFIDAVIT OF LAST KNOWN ADDRESS VS. Code 040 EJECTMENT ORVILLE NAUSS AND/OR TENANT/OCCUPANT, Filed on behalf of Plaintiff Defendants. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, VS ORVILLE NAUSS AND/OR TENANT/OCCUPANT, Defendants. NO: 04-4639-Civil Term PRAECIPE FOR WRIT OF POSSESSION TO: CUMBERLAND COUNTY PROTHONOTARY Please issue a Writ of Possession in the above-captioned case for the property situate in Boro of West Fairview, Cry of Cumberland & Cmwlth of PA. HET a dwg k/a 432 Third Street, Enola, PA 17025. Parcel No. 45-17-1044-023. LOUIS P. VITTI & ASSOCIATES, P.C. ~~-Lofiis P. Vitti, Esquire~'~~' Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Plaintiff, vS ORVILLE NAUSS AND/OR TENANT/OCCUPANT, Defendants. NO: 04-4639-Civil Term AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), Orville Nauss, is the owner of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 432 Third Street, Enola, PA 17025. SWORN to and subscribed before me this 26th day of October, 2004. Louis P. Vitti, Esquire WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) National City Mortgage Co. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Term No. 04-4639 CIVIL Term vs. Costs O~ville Nauss and/or Att'y. $ Tenant/Occupant PI'fi(s) $ 432 Third Street Enola PA 17025 , Prothy. $ 118.60 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY .OF CUMBERLAND: To theSheriff of CUMBERLAND County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: National City Mortgage Co. being:(Premises ~Allows): Property situate in the Borough of West Fairview, County of Cumberland, ~ Commonwealth of Pennsylvania, HET ~ a dwg k/a 432 Third Street, Enola PA Parcel No. 45-17-1044-023. Plaintiff (s) 17025, (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. (SEAL) otb ,ota~'yx, Common Pleas Coq~t of C~berl~fl County, Pennsylvani: ~0 By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and. , to '¢worn and subscribed to before me this lay of So Answers, By Sheriff Prothonotary Deputy WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) National City Mortgage Co. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Term No. 04-4639 CIVIL Term vs. Costs Orville Nauss and/or Att'y. $ 118.60 Tenant/Occupant Pl'ff (s) $ 432 Third Street Enola PA 17025 Prothy. $ 1. 00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: National City Mortgage Co. Plaintiff (s) being: (Premises as follows): Property situate in the Borough of West Fairview, County of Cumberland, Commonwealth of Pennsylvania, HET a dwg k/a 432 Third Street, Enola PA 17025, Parcel No. 45-17-1044-023. (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date ~.~ ;(%' ~6of_ (SEAL) ProthonCJI<!IY, Common Plea, Co ~ '- By: / Deputy (.;~~ i':~-::>[ _,_:.:.__ I ---iF]] t-~__-:"-=:7J ::,~ ililJ >- [. CIl '" '" :e ,-,]0 z 0. ::r .., :::: (j- (1) 0 "- CD '1 OJ 0. .., & ~Z .., Si ~ ~ ::l <: rt (1) ~ " ~..., V> ~ OJ f-'. f-'. V> ::l f-' 0 1:I:IiI: 'tl rtf-' ::l .. CD OJ t"lt"l :E ~ :-=::;; ...... f-' ~(j f"">- oz t"'o ::r :+ ?:l~ o OJ () >-~ (1) w~ @ N~ o C f-'. Z~ iH 1-" (j- C en rt '0 lil. . . ..., '0 en '< 0..., 00 E :-=0 OJ (jo '0 ::l OJ :;:: (1) w~ o~ .., ti; n rt::l 0 V> . 0 ...."0 0. < '1 ~(j 3 .C/l .., N ~ ="0 ...... V> rt ~o r't"'" tQ 7'J1 00 . ::. " 0 co '< W'J1 '1 OJ .~ ~ cr" ::l ;~ co "O~ (1) lil ~ t/1'J1 CD V> Si t"l:!l t"l0 (1) ~ () Zz .., ...,0 < t:; ~ 0 Z"O (1) r'lZ 0. S "" "" "" "" 'J1t"' ~t"l Ul f-' t"'> f-' ~'J1 f-' 00 . ZO 0 a- -~ 0 0 > By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances. and Z Z 0 0 0 .... I .... a- w \D () f-'. <: f-'. f-' ro' ro' :i 3 , to WRIT OF POSSESSION RETURNED STAYED THIS DATE AS PER ATTY Sheriff's Docketing Poundage Proth Milage Surcharge Return 18.00 1. 02 1.00 11.84 20. ~~ :2 d b2lJO ~OOl 51. V'd 'AINIIOJ [lit V ICl:Jl:JHIlJ .:I.:11H3HS 3Hl 303313.:/0' Sworn and subscribed to before me this I.... ~ day of A..Q, < ~ ~ , do-6'f L~ Q Ju<eC,,, ~ I Prothonotary I Advance Cos ts: 160.00 Sheriff's Costs: 51.86 48.14 R"[ulIJ,,J lv Ally all 11/18/04 so~......~~<- () !J ,Aheri1)) J / BYLK~' C/. /..:2flLa1J~ ) " ,,^-y1Q:;t> . uV iJ \. ,1'<..t1'''--