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HomeMy WebLinkAbout05-5662IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA. CIVIL ACTION - LAW THE BANK OF NEW YORK CIVIL Division AS CO- TRUSTEE Case Number: 05 -Sul et kTi ` PLAINTIFF VS JOSEPH A. PINCI and BILLIE J. PINCI DEFENDANT CERTIFICATE OF LOCATION 767 S. HUMER STREET ENOLA, PA 17025 TOWNSIP OF EAST PENNSBORO PARCEL No: 09-15-1290-193 Type of Pleading Complaint in Mortgage Foreclosure Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (72 778-4233 DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4223 mancin i lawfirmocomcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK CIVIL ACTION - LAW AS CO-TRUSTEE CASE NO ?S ._S (o I U cl PLAINTIFF 111 VS JOSEPH A. PINCI and BILLIE J. PINCI DEFENDANTS MORTGAGE FORECLOSURE CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 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 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 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 DO 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. Lawyer Referral Services, 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4223 nnamcinilawfirrn@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK AS CO-TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO MORTGAGE FORECLOSURE JOSEPH A. PINCI and BILLIE J. PINCI DEFENDANTS IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF'; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTI THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT TH .-DENT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN?THIS SUIT. "arnei j. mancmi, nsq. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca. PA 15061 (724)728-4223 mancinilawfirmgcomcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA n THE BANK OF NEW YORK CIVIL ACTION-LAW C/t AS CO-TRUSTEE CASE NO PLAINTIFF VS MORTGAGE FORECLOSURE JOSEPH A. PINCI and BILLIE J. PINCI DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: THE BANK OF NEW YORK AS CO-TRUSTEE, whose address is c/o Mancini & Associates, 201 A FAIRVIEW DRIVE, MONACA, PA 15061. 2. Defendants are JOSEPH A. PINCI AND BILLIE J. PINCI whose last known address is P.O. BOX 112, ENOLA, PA 17025. JOSEPH A. PINCI and BILLIE J. PINCI are the mortgagors and the recorded owner of the mortgaged property hereinafter described. 3. On or about, JULY 16, 1999, JOSEPH A. PINCI and BILLIE J. PINCI borrowed $ 84,000.00 and in the enforcement of said debt executed and delivered a mortgage upon the premises hereinafter described to the lender TMS MORTGAGE, INC.DBA THE MONEY STORE this mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County in Mortgage Record Book 1469, Page 881. This mortgage is incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g).Your plaintiff, THE BANK OF NEW YORK AS CO-TRUSTEE is now the current owner of said mortgage, and the assignment evidencing this ownership will be sent for recording at a later date. 4. The land subject to the Mortgage is 767 S. HUMER STREET, ENOLA, PA 17025, and is more particularly described in Exhibit "A", which is attached hereof and part of this Complaint. 5. The Mortgage is in default because monthly payments of principal and interest upon said mortgage due JULY 1, 2005, and each month thereafter are due and unpaid, and by the terms of said Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. Unpaid Principal Balance $ '77,838.88 Delinquent Balance, including Interest at $24.52 per diem $ 3,412.32 From 07101/05 to 10/26/05 (based on contract rate of 11.5 %) Rec. Corp. Adv. $ 252.16 Escrow Advance $ 000.00 Accrued Late Charges $ 512.28 Suspense $ 000.00 Inspection Fees $ 0.00 Recording Fees $ 0.00 L/C Amt $ 0.00 Bad CK Fees $ 20.00 Other Fees $ 0.00 Cost of Suit and Title Search $ 500.00 Attorney's Fee Total 3,891.94 86,427.58 ** Together with interest at the per diem rate noted above after JULY 1, 2005 and other charges and costs to date of Sheriff's Sale. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff s Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable, or that are actually incurred by Plaintiff. 6. No judgment has been entered upon said Mortgage in any jurisdiction. 7. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 or 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant on JULY 11, 2005, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendants are not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure `1N REM' for the aforementioned total amount due together with interest at the rate of 11.5 % ($24.52 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described. ban-13D. Mancini, Esq. Attorney Bar: PA 39353 ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUC4 ERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS OLLOWS, TO WIT: BEG NING AT A POINT ON THE WESTERN LINE OF HUMER STREET (50 FEET WIDE) AT THE IVIDING LINE BETWEEN LOTS NOS. 15 AND 26 AS SHOWN ON THE HEREINAFTER MEN IONED PLAN OF LOTS, SAID POINT BEING 330.00 FEET NORTH OF THE NOR EST CORNER OF HUMER STREET AND MANOR STREET (50 FEET WIDE); THENCE ALO THE DIVIDING LINE BETWEEN LOTS NOS. 15 AND 16, SOUTH 73 DEGREES, 00 MI ES 00 SECONDS WEST A DISTANCE OF 140.00 FEET TO A POINT ON THE EAS RN LINE OF A 15 FOOT WIDE ALLEY; THENCE ALONG THE LAST MENTIONED LINE NOR 17 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 205.01 FEET TO A POIN ON THE SOUTHERN LINE OF FRANKLIN STREET (50 FEET WIDE); THENCE ALONG THE OUTHERN LINE OF PRANKLINE STREET SOUTH 78 DEGREES 49 MINUTES 00 SECO DS EAST A DISTANCE OF 158.83 FEET TO A POINT ON THE WESTERN LINE OF HUME STREET; THENCE ALONG THE LAST MENTIONED LINE SOUTH 17 DEGREES 00 MINU ES 00 SECONDS EAST A DISTANCE OF 130.00 FEET TO A POINT, SAID POINT REIN THE PLACE OF BEGINNING. BEIN LOT NO. 16, AS SHOWN ON THE PLAN OF ROTHMAN, SCHUBERT AND REED AND RECD ED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 33, PAGE 43. UNDE4 AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF INSTRUMENTS OF PRIOR State of Pennsylvania County of Cenherland1 l 86 Recorded t e office for the recording of Deeds ect. ard6erland County' s°ad of o ce ^mdss v hanl?l fS0g1tUMM B88 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)7284223 mancinilawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK AS CO-TRUSTEE PLAINTIFF VS CIVIL ACTION - LAW CASE NO MORTGAGE FORECLOSURE JOSEPH A. PINCI and BILLIE J. PINCI DEFENDANTS VERIFICATION Daniel J. Mancini, Esq., hereby states that he is the attorney for Plaintiff in this matter, that He is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Further, counsel submits that Plaintiff is outside the court's jurisdiction and verification cannot be obtained with the time allowed for filing the pleading. It is counsel's intention to substitute a verification from Plaintiff. Dated this 26th Day of OCTOBER, 2005 Daniel J. Mancini, Esq. Attorney Bar: Pa 39353 71- T, _ d ? C ? ?? csa c ov? SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05662 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS PINCI JOSEPH A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ANT unable to locate Him in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the the within named DEFENDANT , OCCUPANT 767 HUMER STREET PA 17025 NOT FOUND , as to THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: So answers: Docketing 6.00 l Service .00 ©y'? Not Found 5.00 R. Thomas,Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 DANIEL MANCINI 11/14/2005 Sworn and subscribed to before me this da.w? day of ?InHU?n -2" < A. D. i rotho ary SHERIFF'S RETURN - REGULAR CASE NO: 2005-05662 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS PINCI JOSEPH A ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PINCI JOSEPH A DEFENDANT was served upon the at 1037:00 HOURS, on the 9th day of November , 2005 at 767 HUMER STREET ENOLA, PA 17025 BILLIE PINCI, ADULT IN CHARGE a true and attested copy of by handing to PLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 42.40 Sworn and Subscribed to before me this day of (9t A. D. ro tar So Answers: o/ s f. R. Thomas Kline 11/14/2005 DANIEL MANCINI By ?? Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-05662 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS PINCI JOSEPH A ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PINCI BILLIE J DEFENDANT the , at 1037:00 HOURS, on the 9th day of November , 2005 at 767 HUMER STREET ENOLA, PA 17025 by handing to BILLIE PINCI 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of Prot o ar So Answers: A R. Thomas Kline 11/14/2005 DANIEL MANCINI By •. Deputy Sheriff Curtis R. Long Prothonotary (Office of the Protbonotarp Cumberrattb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor OS- L.2_- CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573