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HomeMy WebLinkAbout06-4714 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. NUTTER & COMPANY, CIVIL DIVISION Plaintiff, NO. Off. - ^i 7?Y 6t ui _"'1 VS. JAMESON A. WARREN and JENNIFER L. WARREN COMPLAINT IN MORTGAGE FORECLOSURE Defendants. Code -MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire 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 CARBON COUNTY, PENNSYLVANIA CIVIL DIVISION JAMES B. NUTTER & COMPANY Plaintiff, > NO: oL - 471 vs. ) JAMESON A. WARREN and JENNIFER L. WARREN ) Defendant(s) ) 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. 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 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 following: 1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at Westport/Plaza Office, 4153 Broadway, P.O. Box 10346, Kansas City, MO 64171. 2. The Defendant(s) is/are individuals with a last known mailing address of I Adams Street, Enola, PA 17025. The property address is 1 Adams Street, Enola, PA 17025 and is the subject of this action. 3. On the 3rd day of October, 2001, inconsideration of a loan of Eighty Four Thousand Nine Hundred Sixty and 00/100 ($84,960.00) Dollars made by James B. Nutter & Company, a MO corporation, to Defendant(s), the said Defendant(s) executed and delivered to James B. Nutter & Company, a MO corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and James B. Nutter & Company, as mortgagee, which mortgage was recorded on the 29th day of January, 2002, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1747, page 2417. 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 sums, together with attorney's fees." 6. Since March 1, 2006, 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 terns 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. Pursuant to Pennsylvania Rules 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 as evidenced by the last recorded deed of record at the time of filing this complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of Ninety Five Thousand Five Hundred Seventy Eight and 73/100 Dollars ($95,578.73) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY x4lez??; uis P. Vitti, Esquire Attorney for Plaintiff WARREN SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 7.5000% from 02/01/06 through (Plus $16.6822 per day after 8/31/2006 ) Late charges through 8/11/2006 0 months @ 30.40 Accumulated beforehand (Plus $30.40 on the 17th day of each month after Attorney's fee Escrow deficit 8/31/2006 8/11/2006 ) (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) 81,186.67 3,519.94 189.06 4,059.33 3,623.73 BALANCE DUE 92,578.73 Pennsylvania V MORTGAGE 1-44'1'-668'5059-703 203b 268699 PA 200508 THIS MORTGAGE ("Security Instrument") is given on OCTOBER 3, 2001 The Mortgagor is JAMESON A. WARREN A MARRIED MAN AND JENNIFER L. WARREN ("Borrower"). This Security Instrument is given to James B. Nutter & Company, which is organized and existing under the laws of the State of Missouri, and whose address is 4153 Broadway, Kansas City, Missouri 64111 ("Lender"). Borrower owes Lender the principal sum of EIGHTY FOUR THOUSAND NINE HUNDRED SIXTY & 00/100 Dollars (U.S. $ 84, 960.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 1, 2031 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property located in CUMBERLAND County, Pennsylvania: ALL THAT CERTAIN PIECE OR PARCEL OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE TOWNSHIP OF EAST PANNSBORO, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY AND PLAN THEREOF MADE BY BRNEST J. WALKER, PROFESSIONAL ENGINEER, DATED SEPTEMBER 2, 1970, AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY SIDE OF ADAMS STREET, BEING 214 FEET IN A WESTWARDLY DIRECTION BY SAME FROM THE CENTER LINE OF SOUTH SNOLA DRIVE AS LAID OUT ON A PLAN OF LOTS OF JOHN 0. ADAMS AND JOSEPH PYNE, RECORDED }N THE RECORDER OF DEEDS OFFICE, CUMBERLAND COUNTY, IN PLAN BOOK 1, PAGE 17;*nMCB SOUTH 78 DEGREES 30 MINUTES WEST ALONG THE LINE OF SAID LAST MENTIONED LOT 150 FEET TO MONROE STREET; THENCE NORTH 78 DEGREES 30 MINUTES EAST ALONG MONROE STREET; 50 FEET TO A 15 FOOT ALLEY; THENCE SOUR 11 DEGREES 30 MINUTES EAST ALONG SAID ALLEY, 150 FEET TO THE PLACE OF BEGINNING. SUBJECT TO ALL RESTRICTIONS, RESERVATIONS & RASEMENTS NOW OF RECORD, IF ANY. I -.. which has the address of 1 ADAMS STREET, ENOLA, ts,.ee,, cnvl, Pennsylvania 17025 a+pcwei ("Property Address"); V06D905 Page 1 of 8 FHA Pennsylvania Mortgage - 4/96 BK 1747PG241 7 lJor-Lh I ? G?.ec?At.e.0 `JOu.d ,Q?iGL/r1.S S} tiC-Q' -? ? ?j(? .?tz?' ? Ilnt? ?,•? I pi- nu i'?5 ? -( kaaCQ n 4 5U Tv\?(\,.1k5 1.?;to} 0.1o(V? 4,z I\,. .rid )noel-_.Ct?-,N` Fc? / 1?JZ3 ?D ydlw?ruP Sknee}}' A f?o?^ "1 cUcr?nlze? 30 rte, M1? ?ao? a1 on Mu;\roe 53U(Lt e,? j ?J U I a-o ?, 15 ?1 Le, y • -?'I..e,„,c1c 5 v?r1-I, 1 I •a(-e c?,? 3 ?( .I?t.c?ne?? ,?e/J 11?.0?'. al.br SCL L4 15v ?a+ 41) +14 pla EXHIBIT" " VERIFICATION 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 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: August 14, 2006 CJ 'U i?i N ?' I `` V^ ?\ co K SHERIFF'S RETURN - REGULAR ` VASE NO: 2006-04714 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JAMES B NUTTER & COMPANY VS WARREN JAMESON A ET AL 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 WARREN JAMESON A the DEFENDANT , at 2000:00 HOURS, on the 23rd day of August , 2006 at 1 ADAMS STREET ENOLA, PA 17025 JENNIFER WARREN, WIFE by handing to 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: So Answers: Docketing Service 18.00 13 20 f'.? . Af f idav:'t .00 Surcharge 10.00 R. Thomas Kline .00 41.20/ 08/24/2006 1/afiwb ?, LOUIS VITTI Sworn and Subscibed to By: before me this day of , A. D. SHERIFF'S RETURN - REGULAR ' LASE NO: 2006-04714 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JAMES B NUTTER & COMPANY VS WARREN JAMESON A ET AL 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 WARREN JENNIFER L the DEFENDANT' , at 2000:00 HOURS, on the 23rd day of August , 2006 at 1 ADAMS STREET ENOLA, PA 17025 JENNIFER WARREN by handing to 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00/ 08/24/2006 4, q/j-7 ?/a? LOUIS VITTI Sworn and Subscibed to By: before me this day /ert S r'ff of A.D. Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. NUTTER & COMPANY, CIVIL DIVISION Plaintiff, No. 06-4714 CIVIL vs. PRAECIPE TO DISCONTINUE Filed on behalf of Plaintiff JAMESON A. WARREN and JENNIFER L. WARREN, Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #01072 Vitti & 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 JAMES B. NUTTER & COMPANY, ; Plaintiff, vs. No. 06-4714 Civil JAMESON A. WARREN and JENNIFER L. WARREN, Defendants. TO: THE PROTHONOTARY KINDLY discontinue Plaintiff s case in the above-captioned matter. & VITTI BY: SOCIATES, P.C. is P. Vitti'-quir Prney for Plaintiff -? rrv Z7 r.