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Home My WebLink About02-0607IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY BANK OF PENNSYLVANIA, CIVIL DIVISION Plaimiff, COMPLAINT IN MORTGAGE FORECLOSURE VS. GERALDINE E. SHULTZ and IRVIN L. SHULTZ, Defendants. Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff 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 MORTGAGE FORECLOSURE 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiffby its attorneys, Louis P. 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 Plaintiffis a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at 150 Allegheny Center Mall, Pittsburgh, PA 15212. 2. The Defendant(s) is/are individuals with a last known mailing address of 200 East Locust Street, Mechanicsburg, PA 17055. The property address is 200 East Locust Street, Meehauiesburg, PA 17055 and is the subject of this action. 3. On the 12th day of August, 1999, in consideration of a loan of Ten Thousand, Four Hundred Fifty-Three and 50/100 ($10,453.50) Dollars made by National City Bank ofPermsylvania, a PA corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Bank of Pennsylvania, a PA corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and National City Bank of Pennsylvania, as mortgagee, which mortgage was recorded on the 16th day of August, 1999, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1564, page 289. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 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 stuns, together with attorney's fees." 6. Since October 8, 2000, 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 mortgagees 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. Plaintiff does hereby release the personal representative, heir and/or devisee of the mortgagor(s) fzom liability for the debt secured by the mortgage. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of Fifteen Thousand, Three Hundred Forty-Six and 23/100 Dollars ($15,346.23) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. Louis P. Vitti, Esquire Attorney for Plaintiff SHULTZ, GERALDINE SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 13.7400% from 09/08/00 through (Plus $3.7912 per day after 01/31/2002 ) 01/31/2002 Late charges through 01/30/2002 0 months @ 16.20 Accumulated beforehand (Plus $16.20 on the 17th day of each month after 01/30/2002 ) Attorney's fee Escrow deficit (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 sheriff's sale) 10,071.28 1,933.52 140.00 1,000.00 BALANCE DUE 15,346.23 Legal Descriptions: All that certain property situated in the BOROUGH OF MECHANICSBURG, in the County of CUMBERLAND, and the Commonwealth of PENNSYLVANIA, being described as follows: PARCEL ~17-23-0565-163 and being more fully described in a deed dated 01/13/1999, and recorded 01/14/1999, among the land records of the county and state set forth above, in Deed Book 192, page 828. EXHIBIT 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 ~llowed 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. Louis P. Vitti Dated: January 30, 2002 SHERIFF'S RETURN - REGULAR CASE NO: 2002-00607 P COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY BANK OF PA VS SHULTZ GERALDINE E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHULTZ GERALDINE E the DEFENDANT at 1137 COLUMBUS AVENUE LEMOYNE, PA 17043 , at 1754:00 HOURS, on the 8th day of February , 2002 APT 4 by handing to GEHALDINE E SHULTZ a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this ~7~ day of r~ A. D. So Answers: R. Thomas Kline 02/12/2002 LOUIS VITTI By: D~ep.Ariff . SHERIFF'S RETURN - REGULAR CASE NO: 2002-00607 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY BANK OF PA VS SHULTZ GERALDINE E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHULTZ IRVIN L the DEFENDANT at 1137 COLUMBUS AVENUE LEMOYNE, PA 17043 , at 1754:00 HOURS, on the 8th day of February , 2002 APT 4 by handing to IRVIN L SHULTZ a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~7~ day of ~~~pr~,t ~o ~ A.D. So Answers: R. Thomas Kline 02/12/2002 LOUIS VITTI By: ff