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Home My WebLink About01-5426IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, Plaintiff, VS. CIVIL DIVISION COMPLAINT IN MORTGAGE FORECLOSURE ALVERT C. SINGER, JR. Code -MORTGAGE FORECLOSURE Defendam. Filed on behalf of Plaintiff Counsel of record tbr 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by 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 tbllowing: 1. The Plaintiff is a corporation duly authorized to conduct business within the la~vs of the Commonwealth of Pennsylvania, having a principal place of business located at 3232 Newmark Drive, Miamisburg Ohio. 2. The Defendant(s) is/are individuals with a last known mailing address of 124 Chester Street, Carlisle, PA 17013. The property address is 124 Chester St, Carlisle, PA 17013 and is the subject of this action. 3. On the 7th day of October, 1998, in consideration of a loan of One Hundred Nine Thousand Nine Hundred Eighteen ($109,918.00) Dollars made by National City Mortgage Company, an Ohio corporation, to Defendant(s), the said Defendant(s) executed and delivered to National City Mortgage Company, an Ohio corporation, a "Note" secured by a Mortgage with the Detbndant(s) as mortgagor(s) and National City Mortgage Company, as mortgagee, which rnortgage was recorded on the 8th day of October, 1998, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume '488, page 285. 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 fbr mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together xvith attorney's fees." 6. Since April l, 2001, 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) from 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 One Hundred Twenty Two Thousand Twenty Seven and 48/100 Dollars ($122,027.48) with interest and costs. Respectfully submitted, LOUIS P. VITTI & A/SSOC., P.C. BY ( ,/" ~ Louis P. Vitti, Esquire Attorney fbr Plaintiff SINGER, ALVERT C., JR. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 107,181.36 Interest 7.0000% from 03/01/01 through 9/30/01 (Plus $20.5553 per day after 9/30/01 ) 4,378.29 Late charges through 9/13/01 0 months @ 37.82 Accumulated beforehand (Plus $37.82 on the 17th day of each month after 9/13/01 ) 83.20 Attorney' s fee 5,359.07 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) BALANCE DUE 122,027.48 ~ ttu~ c~-taln tract of land with tim impm',,~-mems ther~m ~ ~m~ ia N~ ~d~c~ To--p, C~b~]~ ~, P~yl~-;~. bo~ ~d d~ ~ ~Uows: ~r ofD~ ~r C~ Co~ ~ PI~ ~ ~, Pa~ II~ coring 108.99 ~tOV'G improv~:l with n ranch house wi~h ~ garage known as No. 124 r'~,eater Str~c~ Carlisle. Cotltllyof CumbeflandJ 8~ Recorded in, th,e'~ffica for file reoordlng of D~ads ec_t.~"~and f~f inl~ Ood~ Vol; ' 'Pag~ VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, informatio~ 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 with]n 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. Vitti Dated: September 13, 2001 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, VS. CIVIL DIVISION No. 01-5426 Civil Term PRAECIPE TO SETTLE AND DISCONTINUE ALVERT C. SINGER, JR., Defendant. Code 140 - 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, Phhltiff ALVERT C. SINGER, JR., Defendant. : No. 01-5426 Civil Tctm PRAECIPE TO SETTLE AND DISCONTINUE TO: THE PROTHONOTARY KINDLY settle and discontinue plaintiff's case in fig above--captbx~l matter. LOUI~ P. VITTI~& ASSOCIATES, P.C. SWORN TO and subscrl'tn~ before me this 25~ day Ann M. ~onzal~, c~ o~ p~gh, SHERIFF'S RETURN - REGULAR CASE NO: 2001-05426 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS SINGER ALVERT C JR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SINGER ALVERT C JR the DEFENDANT , at 1505:00 HOURS, at 124 CHESTER STREET CARLISLE, PA 17013 on the 19th day of September, 2001 by handing to JUSTINE SINGER, WIFE 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 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~ ~- day of ~-~ =9-~/ A.D. ' Prothonotary ' So Answers: R. Thomas Kline 09/20/2001 LOUIS VITTI By: