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Home My WebLink About01-5497IN ]'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION NO. OI - COMPLAINT IN EJECTMENT Plaintiff, Code: EJECTMENT VS. MICHAEL S. ASKINS and TINA M. ASKINS, Filed on behalf of Plaintiff Counsel of record for this party: Defendants. Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Filth 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 1N 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, NO. 0 t' ~_~'~/'/q '-/ ~0 Plaintiff, VS. MICHAEL S. ASKINS and TINA M. ASKINS, 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 Plaintiffis a corporation having a principal place of business located at 3232 Newmark Driv, Miamisburg OH 45342. 2. The Defendant(s) are individuals, sui juris, whose last known address was 320 Shady Lane #6, enola PA 17025. 3. On January 6, 1994, the Plaintiffor its predecessor in title lent to Defendant(s) and/or their predecessor(s) in title, the sum of Seventy Eight Thousand Five Hundred Twenty Four ($78,524.00) Dollars, and in consideration thereof, the Defendant(s) and/or their predecessor(s) in title, executed a mortgage which was recorded on January 7, 1994, in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book Volume 1190, page 1132. 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 September 1, 2000, the mortgage has been in default by mason 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.01-775, Civil Term, and ultimately a sheriffs sale of the Property -- at which Plaintiff or its predecessor in title was the successful bidder -- occurred on September 5, 2001. 8. Plaintiff, National City Mortgage Company, et al, 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 Your Honorable Court enter Judgment in favor of the Plaintiff, National City Mortgage Company, et al, 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. Louis~. Vitti, Esquire Attorney for Plaintiff x.S., di~ed~-~yjabec 2, 1965, bo~ng.LO~ No. 9S LouJt Pi'~i~ al ri'~or~ed In Plan BoOk 5, Page- H~ZH ~ and n~ered al ~5 AraoX~ ~d~ and ib~b~' ~ ~ O~iae o~ ~e ~rdO~~ o~ Pennsylvln/:a:, gr~ ~nd Aakins~ husba~ and vice, ~he ~c~g~O~ herein. EXtflBIT" 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 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: September 18, 2001 SHERIFF' S RETURN - CA~E NO: 2001-05497 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS ASKINS MICHAEL S ET AL REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon ASKINS MICHAEL S the DEFENDANT , at 1648:00 HOURS, on the 25th day of September, 2001 at 320 W SHADY LANE #6 ENOLA, PA 17025 TONYA ASKINS, DAUGHTER a true and attested copy of COMPLAINT - by handing to EJECTMENT together with and at the same time directing Her attention to the contents thereof. 95 Arnold Rd Enola is vacant. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this ~ [ ~ day of ~ ~2~of A.D. / Prothonotary So Answers: R. Thomas Kline 09/26/2001 LOUIS VITTI By: SHERIFF'S RETURN · CASE NO: 2001-05497 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS ASKINS MICHAEL S ET AL - REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon ASKINS TINA M the DEFENDANT , at 1648:00 HOURS, at 320 W SHADY LANE #6 ENOLA, PA 17025 TONYA ASKINS, DAUGHTER a true and attested copy of COMPLAINT on the 25th day of September, 2001 by handing to - EJECTMENT together with and at the same time directing Her attention to the contents thereof. 95 Arnold Rd Enola is vacant. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~-[ ~ day of P~o%honot ary So Answers: R. Thomas Kline 09/26/2001 LOUIS VITTI By: ~ff ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION NO. COMPLAINT IN EJECTMENT Plaintiff, Code: EJECTMENT VS. MICHAEL S. ASKINS and TINA M. ASKINS, Filed on behalf of Plaintiff Counsel of record for this party: Defendants. 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 TRUE COPY F OM RECORD In Testimony whe, e~., ! u~to $~t my han{t and the seal o,' said C~.~;. ~ :£arlisle, Pa. - lhi~day of~, 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 TI-IE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FOKTH 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 NATIONAL CITY MORTGAGE COMPANY, assignee of PNC MORTGAGE CORP. OF AMERICA, Plaintiff, VS. MICHAEL S. ASKINS and TINA M. ASKINS, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Defendants. : NO. 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 Dfiv, Miamisburg OH 45342. 2. The Defendant(s) are individuals, sui juris, whose last known ad&ess was 320 Shady Lane #6, enola PA 17025. 3. On January 6, 1994, the Plaintiff or its predecessor in title lent to Defendant(s) and/or their predecessor(s) in title, the sum of Seventy Eight Thousand Five Hun&ed Twenty Four ($78,524.00) Dollars, and in consideration thereof, the Defendant(s) and/or their predecessor(s) in title, executed a mortgage which was recorded on January 7, 1994, in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book Volume 1190, page 1132. 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 September 1, 2000, 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.01-775, Civil Term, and ultimately a sheriffs sale of the Property -- at which Plaintiff or its predecessor in title was the successful bidder -- occurred on September 5,2001. 8. Plaintiff, National City Mortgage Company, et al, has the right to immediate possession Sf 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 Your Honorable Court enter Judgment in favor of the ~laintiff, National City Mortgage Company, et al, for sole possession of the Property and vesting the }itle of said premises in the Plaintiff. Respectfully submitted, LOUIS P. VITTI & ASSOCIATES, P.C. Louis P Vitti, Esquire By: . Attorney for Plaintiff _ _.. .... ,~ .~., nuta paf~tou~a~ boUnd~d '~nd LOULI p~ af',~i'~Oc~ed Ln'Pxan BoGk'S, page. ~9fO and": to .M Aikias, hUsblnd and ,. EXHIBIT" /'~ " VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint in Ejectment are tree 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 · ~e~rification 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. Louis/P. Vitti Dated: September 18, 2001