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HomeMy WebLinkAbout02-4986IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK, successor in interest To PENNSYLVANIA NATIONAL BANK Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. WICKARD A/K/A WENDY L. RIGNEY Defendants CERTIFICATE OF ADDRESS: 207 NORTH 24TM STREET BOROUGH OF CAMP HILL PARCEL NO. #01-21-0271-085 No. COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD FOR THIS PARTY: LORI A. GIBSON, ESQ. PA I.D. #68013 JON A. MCKECHNIE, ESQ. PA I.D. #36268 Bemstein Law Firm, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412~456-8100 BERNSTEIN FILE NO. F0008665 NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK, successor in interest To PENNSYLVANIA NATIONAL BANK Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. WICKARD A/K/A WENDY L. RIGNEY Defendants No. O:Z- NOTICE AND COMPLAINT 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 upon you, 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 Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 COMPLAINT 1. M & T BANK, successor in interest to PENNSYLVANIA NATIONAL BANK is a corporation with offices at 1100 Wehrle Drive, 2nd Floor, Williamsville, NY 14221 and is hereinafter referred to as "Plaintiff'. 2. Defendants are adult individuals who reside at 207 North 24th Street, Camphill, Cumberland County, Pennsylvania 17011 and 142 N. Woodrow Boulevard, Toronto, Canada MIKIXI, respectively. 3. On or about April 20, 1998 Defendants executed and delivered to Plaintiff a Mortgage on certain real property owned by Defendants. Said Mortgage was recorded in the Office of the Cumberland County Recorder of Deeds in Mortgage Book Volume 1452 Page 762. A copy of said Mortgage is attached hereto, marked Exhibit "1" and made a part hereof. 4. Of even date with said Mortgage, Defendants executed and delivered to Plaintiff a Line of Credit, a copy of which is attached hereto, marked Exhibit "2" and made a part hereof. 5. By the terms and conditions of the aforementioned Mortgage and Line of Credit Defendants agreed to repay certain sums to Plaintiff and, in so doing, to make certain monthly payments to Plaintiff as is more specifically shown by said Mortgage. 6. On or about August 28, 2002, Notices of Homeowner's Emergency Act of 1983 was sent to Defendants in accordance with Act 91 of 1983(P.L.385, No. 91), as amended, and in accordance with Act 6 of 1974(P.L. 11, No. 6), as amended, and pursuant to 12 PA.Code Chapter 31, Subchapter B, Section 31.201 et seq., as amended, and that an action on said Mortgage may be commenced after 33 days from the postmark date of said Notices. Said Notices Further advised Defendants of Defendant's rights and obligations in accordance with said Acts. Copies of said Notices are attached hereto, collectively marked Exhibit "3", and made a part hereof. 7. Plaintiff avers that Defendants are in default of the terms and conditions of the aforementioned Mortgage by having not made payments as agreed, thereby rendering the entire balance immediately due and payable. 8. Plaintiff avers that the outstanding principal balance due is $24,825.19. 9. Plaintiff is entitled to interest at the rate of 5.750 percent per annum. Interest due from February 26, 2002 through and including October 15, 2002 amounts to $903.21. 10. Plaintiff is entitled to late charges of 3% of the monthly payment of principal and interest per month for a total of $997.89. 11. Pursuant to the terms and conditions of the aforementioned mortgage, Plaintiff, at its discretion, may do or pay whatever is necessary to protect the value of the property and Plaintiffs rights in the property. This sum is currently unliqudated. 12. By the terms of the aforementioned mortgage, Defendant has agreed to pay reasonable attorney's fees in the amount of $950.00 and which will increase at the rate of $110.00 per hour depending on the extent of litigation required. 13. Although repeatedly requested to do so by Plaintiff, Defendants willfully failed and refused to pay the aforesaid balance, interest, escrow advances, late charges, attorney fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure against Defendants, jointly and severally, in the amount of $27,088.29 with continuing interest and late charges at the contract rate plus costs. BERNSTE1N LAW FIRM, P.C. Lori A. Gibson, Esquire Attorneys for Plaintiff 1133 Penn Avenue Pittsburgh, PA 15222 BERNSTEIN FILE NO. F008665 10. Plaintiff is entitled to late charges of 3% of the monthly payment of principal and interest per month for a total of $315.21. 11. Pursuant to the terms and conditions of the aforementioned mortgage, Plaintiff, at its discretion, may do or pay whatever is necessary to protect the value of the property and Plaintiffs rights in the property. This sum is currently unliqudated. 12. By the terms of the aforementioned mortgage, Defendant has agreed to pay reasonable attorney's fees in the amount of $950.00 and which will increase at the rate of $110.00 per hour depending on the extent of litigation required. 13. Although repeatedly requested to do so by Plaintiff, Defendants willfully failed and refused to pay the aforesaid balance, interest, escrow advances, late charges, attorney fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure against Defendants, jointly and severally, in the amount of $26,993.61 with continuing interest and late charges at the contract rate plus costs. BERNSTEIN LAW FIRM, P.C. Lori A. Gibson, Esquire Attorneys for Plaintiff 1133 Penn Avenue Pittsburgh, PA 15222 BERNSTEIN FILE NO. F008665 -- {Thls'Moctp~e Secures Ol~8ntory l~atore Adwnc~) 'l'tUh; MORT(~AGEismadethis20th ~ayofAprl I , i~me~BERT E RIGNEY and ~EN~' L RI GNEY o~07 N 247H STREET, CAMP HILL, PA 17011 NOW, ~ER~RE. m ~fl~ of the a~e ~ a.d to ~e ~ ~r ~ ~f~, ~ ~ thereon, a~a~d CAMP HZLL ,~ CUHBERL~; . C~m~w~ith of Pen~tvnn~. (~e "~r~" , PAGE / OF~ ~ PAGES 27586240015 NOT~CE UNDER OTHER MORTGAGES CO~,MONWEALTH OF PENNSYLVANIA COUNTY OF ~--~r~ l~a ss COMMONWEALTH OF PENNSYLVANIA Loan No-27586240D15 oPEN-END ORTGA~G~ ':: "~=i: ;,~ 'Ir ROBERT E RIRNEY ' - NENDY L R[GNEY ~ ~ ~L~.~L ~,ND COUNT; 207 N 24TH STREET CRaP HZL,, PA ~?0~98 fl§¥ 12 I:l~ 11 52 Pennsylvania National hnk Recorclnr - Please COMMONWEALTN OF PENNSYLVANIA COUNTY OF CUNCERLAND Recorded on ~hls ] ~ vo,. ----.-. G~vm un~ my ~ anal Natlonalt~ HOME EQUITY LINE OF CREDIT PAGE FEDERAl. TRUTH-IN-LENDING OISCLOSURE STATEMENT ~ PART TWO BILLING ERROR RIGHTS (Keep this notice for future use.} Pennsylvania National~ ~ Home Equity Line Note and Agreement THE ADDITIONAL TERMS OF 2A OF 2A ARE PART OF THIS AGREEMENT JOSEPH J. BERNSTEIN (PA, FL} ROBERT S BERNSTEIN (PA, FL, WV, NY) NICHOLAB D. KRAWEC (PA, NC, OH) LORI A. GIBBON (PA) BERNSTEIN LAW FIRM, P.O. TRADITION ' TECHNOLOGY · TALENT MARLENE J BERNSTEIN (PA, FL) CHARLES E. BOBINIS (Pa, WV) JOIN A. MCKECHNIE (PA) EDWARD G. WEHRENBERG (Pa) (STATES OF ADMISSION) 1133 PENN AVENUE, PITTSBURGH, PENNBYLVA)~[A 15222-4252 1-80(~927-3197 412-456-81 O0 PAX 412-456-8135 WWW.BERNSTEINLAW.COM MAIL@ B E RN STE]N LAW. CO M Robert Rigney 207 North 24th Street Camp Hill, PA 17011 August 28, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOHEOWNER'S HORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Nodce explains how the pro,ram worlcs. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN :~0 DAYS OF THE DATE OF THIS NOTICE. Take this Noti~:e with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housinff Finance Agency toll flee at 1-800-342-2397. (Persons with impaired hearing can call (717) 780- 1869). This Nodce contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA 11'4PORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INHEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL P OGRAMA LAMADO "HO.EOWNE 'S EME GENCYiE I T I.[' ,a~SSlSTANCE / ~1, PAGES PAGE_ ,, OF_ PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Robert Rigney PROPERTY ADDRESS: 207 North 24th Street, Camp Hill, PA 1701 I LOAN ACCT. NO. 27586240015 ORIGINAL LENDER PENNSYLVANIA NATIONAL BANK CURRENT LENDER/SERVICER Me,~T BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), EMERGENCY MORTGAGE ASSISTANCE: HOMEOWNER'S EMERGENCY YOU MAY BE ELIGIBLE FOR IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled ~o a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and a~end a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURr YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES;--If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desi~ated consumer credit counselin~ agencies for the country in which the property is located ar~. set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the ri~t to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Pro,ram. To do so, you must fill out, si~n and file a completed Homeowner's Emergency Assistance Pro,ram Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the pro,ram and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meedng. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR DF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETIT[ON IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bdn~ it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 207 NORTH 24.TH STREET, CAMP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: MARCH, APRIL, MAY, JUNE, JULY AND AUGUST OF 2002 AT $503.92 FOR A TOTAL OF $3,023.52 AND INTEREST AT $579.87 FOR A TOTAL OF $3,603.39 Other charges (explain/itemize): TITLE SEARCH $ 100.00 ATTORNEY FEE 50.00 TOTAL AMOUNT PAST DUE: $3,753.39 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,753.39, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent MS~T BANK l 100 WEHRLE DRIVE, 2ND FLOOR WILLIAI"ISVILLE, NY 1422 l ATTN: ALICIA OLIVER IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged DrODerty. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $S0.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fcen. OTHER LENDER REN1EDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALF--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. Yo~ may do so by Da¥in~ the total amount then l~ast due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other cosr~ connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATF--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 3 months after the date of this Notice. A notice of the actual date of The Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PI~T BANK Address: 11 O0 WEHRLE DRIVE, 2ND FLOOR, WILLIAI"ISVILLE, NY 14221 Phone Number: 716-630-4914 Contact Person: ALICIA OLIVER EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any dme. ASSUMPTION OF I"IORTGAGE--You __ may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN I~IONEY TO PAY OFF THE I"IORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITI(~N AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT I~IORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU ~IAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Limited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX #(717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX #(717) 243-3948 NOTICE THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS LAW FIRM WILL PRESUME THIS DEBT TO BE VALID UNLESS YOU DISPUTE THE VALIDITY OF ALL OR ANY PART OF IT WITHIN 30 DAYS OF RECEIPT OF THIS LETTER. IF YOU NOTIFY US IN WRITING THAT YOU DISPUTE ALL OR A PORTION OF THIS DEBT, WE WILL OBTAIN AND SEND TO YOU VERIFICATION OF THE DEBT OR A COPY OF ANY JUDGMENT AGAINST YOU APdSING OUT OF THIS DEBT. ALSO, UPON WRITTEN REQUEST WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CREDITOR NAMED ABOVE. WE RESERVE RIGHT TO TAKE LEGAL ACTION WITHIN THE 30 DAY VALIDATION PERIOD IF OUR CLIENT INSTRUCTS US TO DO SO. Very truly yours, BERNSTEIN LAW FIRM, P.C. ~~LEGAL DIRECT DIAL: (412) 456-8119 BERNSTEIN FILE NO F0008665 JOSEPH J. BERNSTEIN (PA, FL) rO~3E~RT S, BEF~NSTEIN (PA, FL, VqV, NY) NICHOLAS D. KRAWEC (PA, NC, OH) LORI A. GIBSON (PA) BERN,STEIN LAW FIRM, P.C. TRADITION · TECHNOLOGY · TALENT MARLENE J. BERNSTEIN (PA, FL) CHARLES E. BO~INIS (PA, WV) JON A, MCKECHNIE (PA) EDWARD G. WEHRENBERG (PA) (STATES OF ADMISSION) 1~ 33 PENN AVENUE. Pi~SBURGH, PENNSYLVAN[A 15222-4252 1"80C~927~3197 4~2'456'8100 FAX4~2-456-8135 W~.BERNSTEIN LAW.C OM MAI L~ BER NSTE] N LAW.CO M WENDY L. RICKARD 142 NORTH WOODROW BOULEVARD TORONTO, CANADA M1K1X1 August 28, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages_ The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Nodce explains how the program works. To see if HEHAP can help, you must MEET WITH A CONSUHER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling A~encY. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IHPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VlVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INHEDITAHENTE LLAHANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO HENCIONADO ARRIBA, PUEDES SER ELEGIBLE Pla. I~i¥1~Ii.I~I,40 POR EL PROGRAHA LLAMADO "HOMEOWNER'S EHERGENCYr_~,I'(~i~_~ASSiSTANCE PAGE / OF_ ~'~ PAGES PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Rober~ Risney PROPERTY ADDRESS: 207 North 24~h Street, Camp Hill, PA 17011 LOAN ACCT. NO. 27586240015 ORIGINAL LENDER PENNSYLVANIA NATIONAL BANK CURRENT LENDER/SERVICER M~T BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYS,lENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under ~he Act, you are entided ~o a temporary s~ay of foreclosure on your mortgage for thirty (30) days from the date of ~his Notice. During ~hat time you must arrange and a~end a "face-to-face" meedng with one of the consumer credit counseling agencies listed at the end of this Nor. ice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT ~ake action against you for thirty (30) days afrer the date of this meeting. The names, addresses and telephone numbers of desi~ated consumer credit counselin~ a~encies for the country in which the properW is located are set forth at the end of this Nodce. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Nodce (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 207 NORTH 24TH STREET, CAMP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: MARCH, APRIL, MAY, JUNE, JULY AND AUGUST OF 2002 AT $503.92 FOR A TOTAL OF $3,023.52 AND INTEREST AT $579.87 FOR A TOTAL OF $3,603.39 Other charges (explain/itemize): TITLE SEARCH $ 100.00 ATTORNEY FEE 50.00 TOTAL AMOUNT PAST DUE: $3,753.39 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AHOUNT PAST DUE TO THE LENDER, WHICH IS $3,753.39, PLUS ANY MORTGAGE PAYHENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: H~T BANK 1 I00 WEHRLE DRIVE, 2ND FLOOR WILLIAIHSVILLE, NY 14221 ATTN: ALICIA OLIVER IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, ' ' ' rte..age debt. the lend.er intends to exe.rose ~ts rights to accelerate the. mo This means that the entire outstanding balance of th~s debt will be considered due ~mmed~ately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged oroDerty. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. [f the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's f~.~:. OTHER LENDER REHEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. ~ RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAI.F--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riLht to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. may do so by Da¥in~ the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other connected with the Sheriff's Sale as specified in writing by the lender and by performing any other' requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 3 months after the date of this Notice. A notice of the actual date of The Sherifl"s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exacdy what the required payment or action will be by contacting the lender. _ . LICI~ - · .:" ~nd your owuershiP of ~e _ , LE--You should rea..., If you conunue. ~,,,o~n~ could ~e s~ed by Sheri~s 5ale~ a ~,, der at any dine. a' Ot (CHECK ONE) sell 0r transfer a~~eree who will assume u,~ ,,, p~id prior to or at ~e sale and ~oo~;- _ .~ a hu~er ot umw. and cos~ are your home tu ~ _u. a~orney's fees ou~nding payment, charges and ~e o~er requiremen~ of ~e mo~age are sa~sfied- YOU NAY ALSO HAVE THE RIGHt: TO SELL THE PROPERTY TO OBTAIN ~ONEYTO PA~ OFF THE NORTGAGE DEBT OR TO BORROW ~ONEYFRO~ ANOTHER LENDING iNSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY TIlRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE ~ORTGAGE RESTORED TO ~HE SA~E POSITION AS IF NO DEFAULT HAD oCCURRED, IF YOU CURE ~E DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YO~ DEFAULT ~ORE THAN THREE TI~ES IN ANY ~LENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN AN~ FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT iNSTITUTED ~NDER NORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU ~AY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDE~L BANKRUPTCY LAW. SO. 3~ VERIFICATION The tmdersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, that he\she is the Banking Officer for the Plaintiff herein, that he\she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his\her k2~owledge, infbrmation and beliet~ PERI SARAC-FLIHAN BANKING OFFICER SHERIFF'S RETHRN - NOT POUND CASE NO: 2002-04986 p COMMONWEALTH OF PENNSYLVANIA COI/NTY OF CUMBERLAND M & T BANK VS RIGNEY ROBERT B ET AL R. Thomas Kline ,Sheriff duly sworn according to law, says, that inquiry for the within named defendant, WICKARD WENDY L AKA WENDY L RIGNEY unable to locate Her in his bailiwick. COMPLAINT - MORT FORE or Deputy Sheriff, who being he made a diligent search and DEFENDANT but was He therefore returns the , NOT FOUND as to the within named DEFENDANT , WICKARD WENDY L AKA WENDY L RIGNEY PER EX-HUSBAND AT RESIDENCE, WENDY NO LONGER LIVES IN THE AREA. HE DOES NOT KNOW WHERE SHE LIVES. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit 5.00 Surcharge 10.00 .00 21.00 So answers. R. T omas Kline Sheriff of Cumberland County BERNSTEIN BERNSTEIN KRAWEC WYM 10/24/2002 Sworn and subscribed to before me this ~ day of ~'~ r~thonotary ~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-04986 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T BANK VS RIGNEY ROBERT E ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT PORE was served upon RIGNEY ROBERT Ethe DEFENDANT at 2040:00 HOURS, on the 18th day of October at 207 NORTH 24TH STREET 2002 CAMP HILL, PA 17011 ROBERT E RIGNEY by handing to 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 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~- ~ day of ~ ~2 my323 A.D. /' ~rothonot ary So Answers: R. Thomas Kline 10/24/2002 BERNSTEIN BERNSTEIN KRAWEC WYM '~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff(s) No. 02-4986-CIVIL VS. PRAECIPE TO REINSTATE COMPLAINT ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON MCKECHNIE, ESQUIRE PA ID#36268 Bemstein [,aw Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. F0008665 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. Civil. Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. BERNSTE1N LAW FIRM, P.C. Suite 2200 Gulf Tower Pittsburgh., PA 15219 (412) 456.-8100 BERNSTEIN FILE NO. F0008665 SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-04986 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M & T BANK VS RIGNEY ROBERT E 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, DEFENDANT WICKARD WENDY L AKA WENDY L RIGNEY unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , but was He therefore returns the the within named DEFENDANT RIGNEY , NOT FOUND , as to , WICKARD WENDY L AKA WENDY L WENDY RIGNEY DOES NOT LIVE AT ADDRESS GIVEN. SHE LIVES IN CANADA. Sheriff's Costs: Docketing 18.00 Service 9.66 Not Found 5.00 Surcharge 10.00 .00 42.66 R. Thomas Kline Sheriff of Cumberland County BERNSTEIN LAW FIRM 0 /22/2003 Sworn and subscribed to before me this ~ ~ day of~~ ~ A.D. PrOthonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank VS. Plaintiff(s) No. 02-4986-CIVIL PRAECIPE TO REINSTATE COMPLAINT ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON MCKECHNIE, ESQUIRE PA ID#36268 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. F0008665 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. Civil Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. BERNSTEIN LAW FIRM, P.C. Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO. F0008665 F£8 2 8 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M & T BANK successor in CIVIL DIVISION interest to PENNSYLVANIA NATIONAL BANK, Plaintiff VS. ROBERT E. RIGNEY and WENDY L. WICKARD a/k/a WENDY L. RIGNEY, Civil Action No. 02-4986-CIVIL Defendants PURSUANT TO PA. R.C.P. 430 AND 3129.2 AND NOW, to-wit, this ~ day of_~~, 2003, upon consideration of the foregoing Petition and its attached SUPPORTING AFFIDAVIT, it is hereby ORDERED, ADJUDGED AND DECREED that the Plaintiff be and is hereby authorized to obtain service on Defendant, Wendy Wickard, of the Notice and Complaint by posting of the mortgaged premises with a copy of the Notice and Complaint, by regular mail to the Defendant-Wendy Wickard's last known address in accordance with PA R.C.P. 430 and 3129'2'(Service to be effective upon mailing,) ~ & ?~6~,~ ~ ~ c~ BY THE COURT: esw000493 V001 2/24/2003 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04986 p COMMONWEALTH OF COUNTY OF PENNSYLVANIA: CUMBERLAND BANK VS RIGNEY ROBERT E ET AL BRIAN BARRIcK , Sheriff or Deputy Sheriff of Cumberland CountY, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT _ MORT FORE was served upon WICKARD WENDY L AKA WENDY L R___IGNEY the DEFENDANT , at 2000:00 HOURS, 207 NORTH 24TH ST~---~ on the 17th day of March 2003 at ----__ EET · --____ CAMp HILL, PA 17011 by handing to POSTED PROPERTY AT 207 ~ORTH ~ 24TH STREET CAMp HILL, PA a true and attested Copy of COMPLAINT _ MORT FORE together with and at the same time directing He____r attention to the contents thereof. Sheriff,s Costs: Docketing Service Posting Surcharge 18.00 10.35 6.00 10.00 .00 i 44.35 Sworn and ~ubscribed to before me this ~ day of So Answers: 03/18/2003 BERNSTEIN ~AW~FIRM /~ By :~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff(s) No. 02-4986-CIVIL VS. PRAECIPE TO REINSTATE COMPLAINT ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON MCKECHNIE, ESQUIRE PA ID#36268 Bemstein Law Finn, P.C. Finn #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. F0008665 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Civil Action No. 02-4986-CIVIL Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. BERNSTEIN LAW FIRM, P.C. Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO. F0008665 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaimiff(s) VS. No. 02-4986-CI¥IL pRAECIPE TO REINSTATE COMPLAINT ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RiGNEY Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON MCKECHNIE, ESQUIRE PA ID#36268 MARLENE J. BERNSTEIN, ESQUIRE PA ID#43574 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8138 BERNSTEIN FILE NO. F0008665 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY iNFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaimiff VS. ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendant Civil Action No. 02-4986-CIVIL pRAECIPE TO REINSTA_ATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. BERNSTEIN LAW FIRM, P.C. Suite 2200 Gulf Tower pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO. F0008665 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COIJNTY. PENNSYLVANIA CIVIL D1VISION M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK Plaimiff VS. No. 02-4986-CIVIL ROBERT E. RIGNEY AND WENDY L. WICKARD A/K/A WENDY L. RIGNEY PRAECIPE FOR DEFAULT JUDGMENT Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON MCKECHNIE, ESQUIRE PA ID#36268 MARLENE J. BERNSTEIN, ESQUIRE PA ID#43574 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gull' Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8138 BERNSTEIN FILE NO. F0008665 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK Plaintiff VS. ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants To the Prothonotary: Civil Action No. 02-4986-CIVIL PRAECIPE FOR JUDGMENT Kindly enter Judgment against the defendants above named and in lhvor of the Plaintiff; in the default of an Answer, in the amotmt of $34,156.25, plus continuing late charges, escrow and corporate advances and interest at the rate of 5.570% per annum on the declining balance computed as follows: Amount claimed in Complaint Interest fi:om 9/1/01 through 9/9/03 Late charges from 9/1/01 through 9/9/03 Escrow And Corporate advances t~ough 9/9/03 $30,660.43 $ 2,885.58 $ 360.24 $ 250.0O TOTAL $34,156.25 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. BE~M, P.C. Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 Plaintiff: c/o Bemstein Law Firm, P.C., Suite 2200 GulfTower, Pittsburgh, PA 15219 Defendant: 207 North 24th Street Cmnp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK Plaintiff VS. ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants ROBERT E. RIGNEY 207 NORTH 24TM STREET CAMP HILL, PA 17011 Civil Action No. 02-4986-CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee Your are hereby notified that thc following Order or Judk2ment was entered against you on ..~_.~ &tJ ~(_~ (xx) Assmnps~t Judgmen~-~h the amount of $34,156.25 plus costs. ( ) Trespass Judgment in the amount () (xx) of $__ plus costs. If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (X) Dethult ( ) Verdict ( ) Arbitration Award Prothonotary PROTHONOTARY (OR DEPIt~)~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK Plaintiff VS. ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants WENDY L. WICKARD A/K/A WENDY L. RIGNEY 207 NORTH 24TM STREET CAMP HILL, PA 1701I Civil Action No. 02-4986-CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defi~ndant ( ) Garnishee Your are hereby notified that the following Order or Judgment entered against you on (xx) Assumpsit Judgment in the'~rnount of $34,156.25 plus costs. ( ) Trespass Judgment in the amount () (xx) of $ plus costs. If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA Entry of Judgment of ( ) Court Order ( )Non-Pros ( ) Cont;ession (X) Defhult ( ) Verdict ( ) Arbitration Award Prothonotary PROTHONOTARY (OR DEP~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK Plaintiff VS. Civil Action No. 02-4986-CIVIL ROBERTE.~GNEY md WENDYL. WICKARD~a WENDYL.~GNEY De~nd~ts IMPORTANT NOTICE TO: WENDY L. WICKARD 207 North 24th Street Camp Hill, PA 17011 Date of Notice: August 10, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-2663 Bernstein Law Firm, P.C. By:/s/Lori A. Gibson, Esquire bori A. Gibson Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to PENNSYLVANIA NAT1ONAL BANK Plaintiff VS. Civil Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants IMPORTANT NOTICE TO: ROBERT E. RIGNEY 207 North 24th Street Camp Hill, PA 17011 Date of Notice: August I0, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TH1S NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Associatiou 32 S. Bedford Street Carlisle, PA 17013 717-249-2663 Bemstein Law Fim~, P.C. By:/s/Lori A. Gibson, Esquire Lori A. Gibson Attoruey for Plaiutiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-$ 100 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn lhlsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non- military service covered by the Soldiers and Sailors Civil Relief Act of 1940. Thc undersigned further states that the intbnnation is true and correct to the best of the undersigned's knowledge and belief and upon inlbrmation received from others. ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK, successor in interest to PENNSYLVANIA NATIONAL BANK Plaintiff VS. ROBERT E.~GNEY AND WENDY L. WICKARDM~A WENDYL.~GNEY Dek~ts No. 02-4986-CIVIL PROOFS OF PUBLICATION FILED ON BEHALF OF Pl~ntiff COUNSEL OF RECORDFOR THISPARTY: LORI A. GIBSON, ESQ. PA I.D. #68013 JON A. MCKECHNIE, ESQ. PA I.D. #36268 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. F0008665 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication IM - July 18, 2003 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. July 23, 2003 Sworn to and subscribed before me this 23rd day of July ,2003. Notary Public My commission expires: LL~N B. RUNDLE, Notary Public i Mechanlcsburg, Cure.fiend County PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS, Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz JULY 18, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are 18 dayof JULY, 2003 before me this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. ROBERT E. RIGNEY and WENDYL. WICKARDa~ WENDYL. RIGNEY Civil Action No. 02-4986-CIVIL PRAEC1PE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE Defendants FILED ON BEHALF OF Plaintiff CERTIFICATE OF ADDRESS: 207 NORTH 24TM STREET BOROUGH OF CAMP HILL PARCEL NO. #01-21-0271-085 COUNSEL OF RECORD FOR THIS PARTY: LORI A. GIBSON, ESQ. PA I.D. #68013 JON MCKECHNIE, ESQ. PA I.D. #36268 Bemstein Law Firm P.C. Firm #718 2200 Gulf Tower Pittsburgh, PA 15219 412-456-fl 100 BERNSTEIN FILE NO. F0008665 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff vs. Civil Action No. 02-4986-CIVIL ROBERTE. RIGNEY and WENDYL. WICKARDaka WENDYL. RIGNEY De~ndants To the Prothonotary: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriffof CUMBERLAND County: 2. against ROBERT E. RIGNEY and WENDY L, WICKARD aka WENDY L. RIGNEY Defendant: 3. JUDGMENT $34,156.25 Interest from 9/10/03 to 6/9/04: $ 1,071.34 Late charges from 9/10/03 to 6/9/04: $ 135.09 SUBTOTAL: $35,362.68 Costs (to be added by Prothonotary): $ Date:_ /- ~d'- d?q" BE~~A~P.C. Attorney for Plaintiff(s) 2200 Gulf Tower Pittsburgh, PA 15219 BERNSTEIN FILE NO. F0008665 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. Civil Action No. 02-4986-CIVIL ROBERT E. RiGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants DEED DESCRIPTION All the right, title, interest and claim of Robert E. Rigney and Wendy L. Wickard aka Wendy L. Rigney, of, in and to ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern line of Twenty-Fourth Street (formerly Park Avenue), said point being fifty (50) feet measured northwardly along Twenty-Fourth from the northeast comer to Twenty-Fourth and Logan Streets; thence in an easterly direction along the northern line of land, now or late, of John D. Weaver, one hundred forty (140) feet, more or less, to Low Alley; thence in a northerly direction along the western line of LOw Alley fifty (50) feet to the southern line of land, now or late, of Charles T. Bowman; thence in a westerly direction along said last mentioned line one hundred forty (140) feet, more or less, to Twenty-Fourth Street; thence in a southerly direction along the eastern line of Twenty-Fourth Street fifty (50) feet to the point and Place of BEGINNING. BEING Lots Nos. 26, 27 and northern ten (10) feet of Lot No. 25, as shown on plan of lots laid out by H.C. Zacharias in the Borough of Camp Hill, said plan being recorded in the Cumberland County Recorder's Office in Plan Book I, Page I. HAVING THEREON ERECTED a two and one-half story frame dwelling house and frame garage, known as No. 207 North 24th Street, Camp Hill. Tax Parcel No. 01-21-0271-085 SUBJECT, HOWEVER, to certain reservations, conditions, restrictions and agreements as appear more fully in the above mentioned Deed. TOGETHER with all and singular, the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversions, remainders, rents, issues, profits thereof; AND also, all the estate, right, title, interest, property, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. BEING the same premises which Robert E. Rigney and Wendy L. Rigney by their deed dated May 5, 2001 and recorded June 26, 2001 in the Office of the Cumberland County Recorder of Deeds in Deed Book Volume 247, Page 525, granted and conveyed unto Robert E. Rigney, Judgment was recovered in the Court of Common Pleas of CUMBERLAND, Civil Action, as of No, 02-4986-CIVIL, seized and taken in execution as the property of ROBERT..~RIGNEY and WENDY L, WICKARD aka WENDY L. R1GNEY at the ~ ..~t/T'BAN~ successor in interest to Pennsylvania National Bank. Attomeyf6? Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Civil Action No. 02-4986-CIVIL AFFIDAVIT OF COMPLIANCE WITH ACT 91 Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD FOR THIS PARTY: LORI A. GIBSON, ESQ. PA I.D. #68013 JON MCKECHNIE, ESQ. PA I.D. #36268 Bemstein Law Firm, P.C. Firm #718 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL (412) 456-8111 BERNSTEIN FILE NO. F0008665 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. Civil Action No. 02~4986-CIVIL ROBERT E. RIGNEY and WENDY L. W1CKARD aka WENDY L. RIGNEY Defendams AFFIDAVIT OF COMPLIANCE WITH ACT 91 COMMONWEALTH OF PENNSYLVANIA ) (SS: COUNTY OF ALLEGHENY ) Befbre me, the undersigned authority, personally appeared Lori A. Gibson, Esquire, who, being duly sworn according to law, deposes and says that: 1. She is the attorney fbr the Plaintiff: 2. That we have complied with the terms of House Bill 500 which requires the sending of Act 91 Notices. ,L ~) ~~ Sworn to and subscribed before me thiso%¢¢~ day c/g_.' ,2004 Notarial Cheryl A ~M, eml~er, Pennsylvama (3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pem~sylvania National Bank Plaintiff VS. ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Civil Action No. 02-4986-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD FOR THIS PARTY: LORI A. GIBS~ON, ESQ. PA I.D. #68013 JON MCKECHNIE, ESQ. PA I.D. #36268 Bernstein Law Firm, P.C. Firm #718 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL (412) 456-8111 BERNSTEIN FILE NO. F0008665 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIV1SION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. Civil Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 M & T BANK, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 207 North 24th Street. Camp Hill, PA 17011 (see Deed description attached): 1. Name and address ofoxvner(s) or reputed owner(s): ROBERT E. RIGNEY 207 North 24th Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY 207 North 24th Street Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK c/o Bemstein Law Firm, P.C. 2200 Gulf Tower Pittsburgh, PA 15219 FLEET MORTGAGE CORP. Assignee of INTEGRA MORTGAGE COMPANY Box 2026 Flint, MI 48501 4. Name and address of the last recorded holder of every mortgage of record: M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK c/o Bemstein Law Firm, P.C. 2200 Gulf Tower Pittsburgh, PA 15219 5. Name and address of every other person who has any record lien on their property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY TAX CLAIM BUREAU Courthouse, One Courthouse Square Carlisle, PA 17013 CAMP HILL BOROUGH 2145 Walnut Street Camp Hill, PA 17011 CAMP HILL SCHOOL DISTRICT Administrative Office 2627 Chestnut Street Camp Hill, PA 17011 JEANNETTE MILLER, TAX COLLECTOR 1939 Walnut Street Camp Hill, PA 17011 PA AMERICAN WATER P.O. Box 578 Alton, IL 62002 CHILD SUPPORT ENFORCEMENT AGENCY P.O. Box 320 Carlisle, PA 17013 I verily that the statements made in this Affidavit are true and correct to the best of my personal kmowledge or information and belief. I understand that lhlse statements heroin are made subject to the penalties of lS PA. C.S. Section~9~~~ificationtoauthorities.( -7_.~c~ ~4 Date Attorney fbr Plaintiff NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. Civil Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants DEED DESCRIPTION All the right, title, interest and claim of Robert E. Rigney and Wendy L. Wickard aka Wendy L. Rigney, of, in and to ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern line of Twenty-Fourth Street (formerly Park Avenue), said point being fifty (50) feet measured northwardly along Twenty-Fourth from the northeast comer to Twenty-Fourth and Logan Streets; thence in an easterly direction along the northern line of land, now or late, of Jolm D. Weaver, one hundred forty (140) feet, more or less, to Low Alley; thence in a northerly direction along the westem line of Low Alley fifty (50) feet to the southem line of land, now or late, of Charles T. Bowman; thence in a westerly direction along said last mentioned line one hundred forty (140) feet, more or less, to Twenty-Fourth Street; thence in a southerly direction along the eastern line of Twenty-Fourth Street fifty (50) feet to the point and Place of BEGINNING. BEING Lots Nos. 26, 27 and northern ten (10) feet of Lot No. 25, as shown on plan of lots laid out by H.C. Zacharias in the Borough of Camp Hill, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 1. HAVING THEREON ERECTED a two and one-half story frame dwelling house and frame garage, ka~own as No. 207 North 24th Street, Camp Hill. Tax Parcel No. 01-21-0271-085 SUBJECT, HOWEVER, to certain reservations, conditions, restrictions and agreements as appear more fully in the above mentioned Deed. TOGETHER with all and singular, the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversions, remainders, rents, issues, profits thereof; AND also, ail the estate, right, tide, interest, property, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. BEING the same premises which Robert E. Rigney and Wendy L. Rigney by their deed dated May 5, 2001 and recorded Jane 26, 2001 in the Office of the Cumberland County Recorder of Deeds in Deed Book Volume 247, Page 525, granted and conveyed unto Robert E. Rigney. Judgment was recovered in the Court of Common Pleas of CUMBERLAND, Civil Action, as of No. 02-4986oCIVIL, seized and taken in execution as the property of ROBERT~RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY at the s~l ~AN~ successor in interest to Pennsylvania National Bank. A~tomey-f6~~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank · Plaintiff vs. Civil Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants NOTICE TO DEFENDANTS TO: WENDY L. WICKARD aka WENDY L. RIGNEY 207 NORTH 24TM STREET CAMP HILL, PA 17011 Your house at 207 North 24tt~ Street, Camp Hill, PA 17011, is scheduled to be sold at Sheriffs Sale on JUNE 9, 2004 at 10:00 A.M. in the Cumberland County Courthouse in Carlisle, Pennsylvm~ia, to enforce the Court Judgment of $34,156.25 obtained by M & T Bank. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to M&T Bank, successor in interest to Pennsylvania National Bank the back payments, late charges costs and reasonable attorneys fees due. To find out how much you must pay, you may call Bemstein Law Firm, P.C. at 412-456- 8100. 2. You may be able to stop the sale by filing a Petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on Page Two on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. IF the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find ont the price bid by calling (412) 456-8100. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the value of your property. 3. The Sale will go through only if the buyer pays the Sheriff the full amount due in the Sale. To find out if this has happened you may call (412) 456-8100. 4. If the amount due from the buyer is not paid to the Sheriff; you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this Schedule unless exceptions (reasons why the proposed Distribution is wrong) are filed with the Sheriff' within ten (10) days after the date on which the Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMAT~L BE USED FOR THAT PURPOSE. ~. B~,Ik~ LAW FIRM, P.C. 2200 Gulf Tower P[TTSBUt~GH, PA 15219 (412) 456-$100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK successorin interestto Pennsylvania National Bank Plaintiff VS. Civil Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants DEED DESCRIPTION All the right, title, interest and claim of Robert E. Rigney and Wendy L. Wickard aka Wendy L. Rigney, of, in and to ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern line of Twenty-Fourth Street (formerly Park Avenue), said point being fifty (50) feet measured northwardly along Twenty-Fourth from the northeast comer to Twenty-Fourth and Logan Streets; thence in an easterly direction along the northern line of land, now or late, of John D. Weaver, one hundred forty (140) feet, more or less, to Low Alley; thence in a northerly direction along the western line of Low Alley fifty (50) feet to the southern line of land, now or late, of Charles T. Bowman; thence in a westerly direction along said last mentioned line one hundred forty (140) feet, more or less, to Twenty-Fourth Street; thence in a southerly direction along the eastern line of Twenty-Fourth Street fifty (50) feet to the point and Place of BEGINNING. BEING Lots Nos. 26, 27 and northern ten (10) feet of Lot No. 25, as shown on plan of lots laid out by H.C. Zacharias in the Borough of Camp Hill, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 1. HAVING THEREON ERECTED a two and one-half story frame dwelling house and frame garage, kd~own as No. 207 North 24th Street, Cmnp Hill. Tax Parcel No. 01-21-0271-085 SUBJECT, HOWEVER, to certain reservations, conditions, restrictions and agreements as appear more fully in the above mentioned Deed. TOGETHER with all and singular, the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversions, remainders, rents, issues, profits thereof; AND also, all the estate, right, title, interest, property, claim and demand whatsoever, as well in law as in equity, of the said party of the fkst part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. BEING the same premises which Robert E. Rigney and Wendy L. Rigney by their deed dated May 5, 2001 and recorded June 26, 2001 in the Office of the Cumberland County Recorder of Deeds in Deed Book Volume 247, Page 525, granted and conveyed unto Robert E. Rigney. Judgment was recovered in the Court of Common Pleas of CUMBERLAND, Civil Action, as of No. 02-4986-CIVIL, seized and taken in execution as the property of ROBERT~.~RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY at the ~&4"BAN/K successor in interest to Pennsylvania National Bank. tf~QT,~~ Artomey~6r Plmntlff ..-4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pelmsylvania National Bank Plaintiff VS. ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Civil Action No. 02-4986-CIVIL AFFIDAVIT OF LAST KNOWN ADDRESS Defendants FILED ON BEHALF OF Plaimiff COUNSEL OF RECORD FOR THIS PARTY: LORi A. GIBSON, ESQ. PA I.D. #68013 JON MCKECHN1E, ESQ. PA I.D. #36268 Bemstein Law Firm, P.C. Finn #718 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8 100 DIRECT DIAL (412) 456-8111 BERNSTEIN FILE NO. F0008665 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. Civil Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) (SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, personally appeared Lori A. Gibson, Esquire, who, being duly sworn according to law, deposes and says that: 1. She is the attorney for the Plaintiff: 2. The last known address of the Defendants is: 207 North 24th Street, Camp Hill, PA 17011. 3. The Defendant, Robert E. Rigney, is owner of the ~'f seeks to execute upon. Lori A. Gibson, Esquire Sworn to and subscribed before me this ~7~ day of (~,~,~ _, 2004: NotarWPublic Notarial Seal 'c C!~eryl A. Bauer N~[arY Member, Pen n syfvania ~{~oa °~ ¢°~anes WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4986 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T BANK, SUCCESSOR IN INTEREST TO PENNSYLVANIA NATIONAL BANK, Plaintiff (s) From ROBERT E. RIGNEY AND WENDY L. WlCKARD AKA WENDY L. RIGNEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garrfishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to aRachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $34,156.25 Interest FROM 9/10/03 TO 6/9/04 - $1,071.34 Atty's Corem % Arty Paid $223.36 6/9/04 - - $135.09 Plaintiff Paid Date: FEBRUARY 6, 2004 (Seal) REQUESTING PARTY: Name LOll/A. GIBSON, ESQUIRE Address: BERNSTEIN LAW FIRM, P.C. 2200 GULF TOWER PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-456-8100 Supreme Court ID No. 68013 L.L. $.50 Due Prothy $1.00 Other Costs LATE CHARGES FROM 9/10/03 TO CURTIS R. LONG Prothonotary Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK, successor in Interest to pENNSYLVANIA NATIONAL BANK Plaintiff VS. ROBERT E RIGNEY and WENDY L WICKARD a/k/a WENDY L RIGNEY Defendant Civil Action Ne. 02-4986-CIVIL VERIFICATION OF SERVICE OF NOTICE OF SALE TO DEFENDANTS AND LIEN CREDITORS FILED ON BEHALF OF Plaimiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON MCKECItNIE, ESQUIRE PA ID#36268 Bemstein Law Finn, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8100 BERNSTEIN FILE NO. F0008665 NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NLA002598V001 5/11/2004 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK, successor in Interest to PENNSYLVANIA NATIONAL BANK Plaintiff, VS. Civil Action No. 02-4986-CIVIL ROBERT E RIONEY and WENDY L WICKARD a/k/a WENDY L RIONEY Defendants. VERIFICATION OF SERVICE OF NOTICE OF SALE TO DEFENDANTS AND LIEN CREDITORS The undersigned, subject to the penalties of 18 Pa.C. section 4904 relating to unswom falsification to authorities, does hereby certify that the undersigned personally mailed copies of the Notice of Sale in the above-captioned matter by Certified Mail to the Defi:ndant Robert E Rigney on March 19, 2004, which was returned unclaimed as evidenced by Certified Mail Receipt attached hereto as Exhibit "A'. The undersigned subject to the penalties of 18 Pa.C.S.A. section 4904 relating to unswom falsification to authorities, does hereby certify that the undersigned personally mailed a copy of the Notice of Sale to the Defendant, Wendy L Wickard, and to Lien Creditors in the above-captioned matter by Certificate of Mailing (P.S. Forms No. 3877 and 3817) dated March 19, 2004 and April 10, 2004 attached hereto as Exhibit "B". Cheryl A43auer, Legal Assistant IERNSTEIN LAW FIRM, P.C, 7003 3110 0005 2644 5395 ROBERT E RIGNEY 207 NORTH 24th STREET CAMP HILL, PA 17011 A r"l ATTEMPTED NOT KNOWN THE [3 HO SUCH NUMBER/STREET [] NOT DELIVERABLE AS AODRES-SED - UNABLE TO FORWARD ....... Lite 2200 Gulf-Tl~2~9 -~:~' '~g o~P~'~Ill U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ~OVIDE FOR INSURANCE--POSTMASTER ge~:ns~e~n Law Firm, P.C. (412) 456-8100 [~f~ AND NOW, to-wzt, tlu$ ~ day of~ 2003, u]x~n considm'alion of~e fo~o~ P~on ~ i~ ~h~ S~POR~G ~A~, ~ h here~ O~E~D, ~GED ~ DBC~ ~ ~ P~dff ~ ~d is ~ ~ ~ o~i~ ~l~ on ~f~ W~y Wic~ of ~ No~ ~d Co~t by ~s~g of ~e mo~g~ ~s ~ a co~ of~e No~ ~d ~mpl~t ~ by ~m ~ to ~ ~fen~-We~y ~c~d's ~t ~o~ ~ ~ ~ ~ PA R.C.P. 430 BY ~ ~O~T: TRUE COPY FROM RECORD m Testimony w~¢eof, I hera onto ~ my ~/taffi and th~ ~r~ o~ sale Court at CarllOe, I~ /" Premono(~,~ ' M &TBank VS Robert E. Rigney and Wendy L. Wickard a/k/a Wendy L. Rigney In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4986 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Lori Gibson. Sheriff's Costs: Docketing 30.00 Poundage 660.00 Posting Handbills 15.00 Advertising 15.00 Mileage 20.70 Levy 15.00 Surcharge 30.00 Law Journal 446.75 Patriot News 405.58 Share of Bills 29.26 Law Library .50 Prothonotary 1.00 $1668.79 paid by attorney 06/18/04 Sworn and subscribed to before me This .2i.~-day of ~,.~. 2004, ^.D. 4< Prothonotary So Answers: R. Thomas Kline, Sheriff Real Estate Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pem~sylvania National Bank Plaintiff VS. ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Civil Action No. 02-4986-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD FOR THIS PARTY: LORI A. GIBSON, ESQ. PA I.D. #68013 JON MCKECHNIE, ESQ. PA I.D. #36268 Bemstein Law Firm, P.C. Firm #718 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL (412) 456-8111 BERNSTEIN FILE NO. F0008665 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bani< Plaimiff VS. Civil Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 M & T BANK, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 207 North 24th Street, Camp Hill, PA 17011 (see Deed description attached): I. Name and address of owner(s) or reputed owner(s): ROBERT E. RIGNEY 207 North 24th Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY 207 North 24th Street Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK c/o Bemstein Law Firm, P.C. 2200 Gulf Tower Pittsburgh, PA 15219 FLEET MORTGAGE CORP. Assignee of INTEGRA MORTGAGE COMPANY Box 2026 Flint, MI 48501 4. Name and address of the last recorded holder of every mortgage of record: M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK c/o Bemstein Law Firm, P.C. 2200 Gulf Tower Pittsburgh, PA 15219 5. Name and address of every other person who has any record lien on their property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY TAX CLAIM BUREAU Courthouse, One Courthouse Square Carlisle, PA 17013 CAMP HILL BOROUGH 2145 Walnut Street Camp Hill, PA 17011 CAMP HILL SCHOOL DISTRICT Administrative Office 2627 Chestnut Street Camp Hill, PA 17011 JEANNETTE MILLER, TAX COLLECTOR 1939 Walnut Street Camp Hill, PA 17011 PA AMERICAN WATER P.O. Box 578 Alton, 1L 62002 CHILD SUPPORT ENFORCEMENT AGENCY P.O. Box 320 Carlisle, PA 17013 I verify that the statements made in this Affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section~9~ ~~fication to authorities. Date Attorney for Plaintiff NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. Civil Action No. 02-4986-CWIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants DEED DESCRIPTION Ail the right, title, interest and claim of Robert E. Rigney and Wendy L. Wickard aka Wendy L. Rigney, of, in and to ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern line of Twenty-Fourth Street (formerly Park Avenue), said point being fifty (50) feet measured northwardly along Twenty-Fourth from the northeast comer to Twenty-Fora-th and Logan Streets; thence in an easterly direction along the northern line of land, now or late, of John D. Weaver, one hundred forty (140) feet, more or less, to Low Alley; thence in a northerly direction along the westem line of Low Alley fifty (50) feet to the southern line of land, now or late, of Charles T. Bowman; thence in a westerly direction along said last mentioned line one hundred forty (140) feet, more or less, to Twenty-Fourth Street; thence in a southerly direction along the eastern line of Twenty-Fourth Street fifty (50) feet to the point and Place of BEGINNING. BEING Lots Nos. 26, 27 and northern ten (10) feet of Lot No. 25, as shown on plan of lots laid out by H.C. Zaclaarias in the Borough of Camp Hill, said plan being recorded in the Cumberland County Recorder's Office in Plan Book I, Page 1. HAVING THEREON ERECTED a two and one-half story frame dwelling house and frame garage, kdao~vn as No. 207 North 24th Street, Camp Hill. Tax Parcel No. 01-21-0271-085 SUBJECT, HOWEVER, to certain reservations, conditions, restrictions and agreements as appear more .fully in the above mentioned Deed. TOGETHER with all and singular, the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversions, remainders, rents, issues, profits thereof; AND also, all the estate, right, title, interest, property, claim and demand whatsoever, as well in law as in equity, of the said party of the fkst part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. BEING the same premises which Robert E. Rigney and Wendy L. Rigney by their deed dated May 5, 2001 and recorded June 26, 2001 in the Office of the Cumberland County Recorder of Deeds in Deed Book Volume 247, Page 525, granted and conveyed unto Robert E. Rigney. Judgment was recovered in the Court of Common Pleas of CUMBERLAND, Civil Action, as of No. 02-4986-CIVIL, seized and taken in execution as the property of ROBERT~T~RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY at th~AN~ successor in interest to Pennsylvania National Bank. Aflomey-f6~"Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff vs. Civil Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendant NOTICE TO DEFENDANTS TO: ROBERT E RIGNEY 207 NORTH 24TM STREET CAMP HILL, PA 17011 Your house at 207 North 24th Street, Camp Hill, PA 17011, is scheduled to be sold at Sheriff's Sale on JUNE 9, 2004 at 10:00 A.M. in the Cumberland County Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment of $34,156.25 obtained by M & T Bank. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to M&T Bank. successor in interest to Permsylvania National Bank the back payments, late charges costs and reasonable attorneys fees due. To find out how much you must pay, you may call Bemstein Law Firm, P.C. at 412-456- 8100. 2. You may be able to stop the sale by filing a Petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on Page Two on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. IF the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (412) 456-8100. 2. You may be able to petition the Court to set aside tire Sale if the bid price was grossly inadequate compared to the value of your property. 3. The Sale will go through only if the buyer pays the Sheriff the full amount due in the Sale. To find out if this has happened you may call (412) 456-8100. 4. If the amount due from the buyer is not paid to the Sheriff; you will remain the oxvner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which ~vas paid for your house. A Schedule of Distribution of the money bid fbr your house will be filed by the Sheriff within thirty (30) days of the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this Schedule unless exceptions (reasons xvhy the proposed Distribution is wrong) are filed with the Sheriff within ten (10) days after the date on which the Schedule of Distribution is filed. 7. You may also have other rights and det~nses, or ways of getting your house back, if you act immediately after the Sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR ANat._iS.AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATI~(~BT-~ WJ,I~L BE USED FOR THAT PURPOSE. BER~TEIN LAW FIRM, P.e. 2200 Gulf Tower PITTSBURGH, PA 15219 (412) 456-8100 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. Civil Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants DEED DESCRIPTION All the right, title, interest and claim of Robert E. Rigney and Wendy L. Wickard aka Wendy L. Rigney, of, in and to ALL THAT CERTAiN piece or parcel of land situate in the Borough of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastem line of Twenty-Fourth Street (formerly Park Avenue), said point being fifty (50) :feet measured northwardly along Twenty-Fourth from the northeast comer to Twenty-Fourth and Logan Streets; thence in an easterly direction along the northern line of land, now or late, of John D. Weaver, one hundred forty (140) feet, more or less, to Low Alley; thence in a northerly direction along the western line of Low Alley fifty (50) feet to the southern line of land, now or late, of Charles T. Bowman; thence in a westerly direction along said last mentioned line one hundred forty (140) feet, more or less, to Twenty-Fourth Street; thence in a southerly direction along the eastern line of Twenty-Fourth Street fifty (50) feet to the point and Place of BEGINNING. BEING Lots Nos. 26, 27 and northern ten (10) feet of Lot No. 25, as shown on plan of lots laid out by H.C. Zacharias in the Borough of Camp Hill, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 1. HAVING THEREON ERECTED a two and one-half story frame dwelling house and frame garage, known as No. 207 North 24th Street, Camp Hill. Tax Parcel No. 01-21-0271-085 SUBJECT, HOWEVER, to certain reservations, conditions, restrictions and agreements as appear more fully in the above mentioned Deed. TOGETHER with all and singular, the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversions, remainders, rents, issues, profits thereof; AND also, ail the estate, right, title, interest, property, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. BEING the same premises which Robert E. Rigney and Wendy L. Rigney by their deed dated May 5, 2001 and recorded June 26, 2001 in the Office of the Cumberland County Recorder of Deeds in Deed Book Volume 247, Page 525, granted and conveyed unto Robert E. Rigney. Judgment was recovered in the Court of Common Pleas of CUMBERLAND, Civil Action, as of No. 02-4986-CIVIL, seized and taken in execution as the property of ROBERT~.F~. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY at the s~ ~AN~ successor in interest to Pennsylvania National Bank. Affon~y f6~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff vs. Civil Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants NOTICE TO DEFENDANTS TO: WENDY L. WICKARD aka WENDY L. RIGNEY 207 NORTH 24TM STREET CAMP HILL, PA 17011 Your house at 207 North 24th Street, Camp Hill, PA 17011, is scheduled to be sold at Sheriffs Sale on JUNE 9, 2004 at 10:00 A.M. in the Cumberland County Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment of $34,156.25 obtained by M & T Bank. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The Sale will be cancelled if you pay to M&T Bank, successor in interest to Pennsylvania National Bank the back payments, late charges costs and reasonable attorneys fees due. To find out how much you must pay, you may call Bernstein Law Firm, P.C. at 412-456- 8100. 2. You may be able to stop the sale by filing a Petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on Page Two on how to obtain an attomey). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. IF the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (412) 456-8100. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the value of your property. 3. The Sale will go through only if the buyer pays the Sheriff the full mount due in the Sale. To find out if this has happened you may call (412) 456-8100. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this Schedule unless exceptions (reasons why the proposed Distribution is wrong) are filed with the Sheriff within ten (10) days after the date on which the Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMAT~L BE USED FOR THAT PURPOSE. B,F_.~4~TEIN LAW FIRM, P.C. 2200 Gulf Tower PITTSBURGH, PA 15219 (412) 456-8100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. Civil Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendants DEED DESCRIPTION All the right, title, interest and claim of Robert E. Rigney and Wendy L. Wickard aka Wendy L. Rigney, of, in and to ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern line of Twenty-Fourth Street (formerly Park Avenue), said point being fifty (50) feet measured northwardly along Twenty-Fourth from the northeast comer to Twenty-Fourth and Logan Streets; thence in an easterly direction along the northern line of land, now or late, of John D. Weaver, one hundred forty (140) feet, more or less, to Low Alley; thence in a northerly direction along the western line of Low Alley fi~y (50) feet to the southern line of land, now or late, of Charles T. Bowman; thence in a westerly direction along said last mentioned line one hundred forty (140) feet, more or less, to Twenty-Fourth Street; thence in a southerly direction along the eastern line of Twenty-Fourth Street fifty (50) feet to the point and Place of BEGINNING. BEING Lots Nos. 26, 27 and northern ten (10) feet of Lot No. 25, as shown on plan of lots laid out by H.C. Zacharias in the Borough of Camp Hill, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 1. HAVING THEREON ERECTED a two and one-half story frame dwelling house and frame garage, known as No. 207 North 24th Street, Camp Hill. Tax Parcel No. 01~21-0271-085 SUBJECT, HOWEVER, to certain reservations, conditions, restrictions and agreements as appear more fully in the above mentioned Deed. TOGETHER with all and singular, the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversions, remainders, rents, issues, profits thereof; AND also, all the estate, right, title, interest, property, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. BEING the same premises which Robert E. Rigney and Wendy L. Rigney by their deed dated May 5, 2001 and recorded June 26, 2001 in the Office of the Cumberland County Recorder of Deeds in Deed Book Volume 247, Page 525, granted and conveyed unto Robert E. Rigney. Judgment was recovered in the Court of Common Pleas of CUMBERLAND, Civil Action, as of No. 02-4986-CIVIL, seized and taken in execution as the property of ROBERT~T~RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY at the ~ fl~T~B~ successor in interest to Pennsylvania National Bank. t,~--~'~T..~~ Aftomey~f6~'Plaintiff WRIT OF EXECUTION ~and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4986 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T BANK, SUCCESSOR IN INTEREST TO PENNSYLVANIA NATIONAL BANK, Plaintiff (s) From ROBERT E. RIGNEY AND WENDY L. WlCKARD AKA WENDY L. RIGNEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found m the possession of anyone other than a named garnishee, you are directed to notify hirrffher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $34,156.25 Interest FROM 9/10/03 TO 6/9/04 - $1,071.34 Atty's Corem % Atty Paid $223.36 6/9/04 - - $135.09 Plaintiff Paid Date: FEBRUARY 6, 2004 (Seal) REQUESTING PARTY: Name LORI A. GIBSON, ESQETRE Address: BERNSTEIN LAW FIRM, P.C. 2200 GULF TOWER PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-456-8100 Supreme Court ID No. 68013 L.L. $.50 Due Prothy $1.00 Other Costs LATE CHARGES FROM 9/10/03 TO CURTIS R. LONG Prothono~ .~By: ~_.~ tn .~ Deputy Real Estate Sale # 02 On February 12, 2004 the sheriff levied upon the defendant's interest in the real property situated in The Camp Hill Borough, Cumberland County, PA Known and numbered as 207 North 24th Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 12, 2004 By:.j6 cCc,, ,3 ~,q t q Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dau~3hj'n ~i~h .~~is Ilaneous Book "M", Volume 14, Page 317. ~~~ ~:,~ ~ . ..... COPY Sworn to and subscribed befoio ~ .~8th day of~,2~.D. Terry L Russell° Not(m/ Pubi~c NOTARY PUBLIC ~ Q/YofHarr/sburg, DauphinCoun ~ My Comml,,s~on Ex pire~ June 6, 2006 My ~ornmi$$ion expire~ .June ~ ~00~ CUMBEBLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 405.58 Publisher's Receipt for Advertising Cost The Patriot News Ce., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County ot Dauphin} ss OW, being duly sworn according to law, deposes and says: '~ntroller of The Patriot News Co., a corporation organized and existing under the laws of the ylvania, with its principal office and place of business at 812 to 818 Market Street, in the tY of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The ~vspapers of general circulation, printed and published at 812 to 818 Market Street, {n the ~oresaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, h, 1949, respectivefy, and all have been continuously published ever since; otice or publication which is securely attached hereto is exactly as printed and published in ~unday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th neither he nor said Company is interested in the subject matter of said printed notice or the allegations of this statement as to the time, place and character of publication are hal knowledge of the facts aforesaid and is duty authorized and empowered to verify this Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and ockholders and board of directors of the said Company and subsequently duly recorded in of Deeds in and for said County of Dauphin i~ Mis(~lianeous Book "M', Sworn to and subscrib~.D. -~m~ ~ ~ne ~, 2005 J My commission expires June 6, 2006 ~ CUMBERED ~ ~ERIFFS OFFICE CUMBERED ~ ~U~SE ~ CARLISLE, PA. 17013 Statement of Advertising Costa To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 405.58 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of thc said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE SALE NO. 2 Writ No. 2002-4986 Civil M & T Bank, successor in interest to Permsylvania National Bank Robert E. Rlgaey and Wendy L. Wickard a/k/a Wendy L. Rigney Atty.: Lorl A. Gibson DEED DESCRIPTION All the right, title, interest and claim of Robert E. RIgney and Wendy L. Wlckard aka Wendy L. Rlgney, of, in and to ALL TI~kT CERTAIN piece or par - eel of land situate in the Borol.~h of, Camp Hl~, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follow, to BEGINNING at a point on the eastern line of Twenty-Fourth Street (formerly Park Avenue). said point being fifty (50} feet measured north- SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOiS E, SNYDER, Notary Public Carlisle Bom, Cumi~rlar~ Cour/y My Commission Expires Ma~ 5, 2005 ALL THAT CERTAIN piece or par - eel of land situate in the Borough of, Camp Hfl], County of Cumberland, Commonwealth of pennsylvania, more particularly bounded and scribed as follow, to wit: BEGINNING at a point on the eastern line of Twenty-Fourth Street {formerly Park Avenue}, said point being fifty [50) feet measured north- wardly along Twenty-Fourth fi-om the erly direction along the northern line of land, now or late, of John D. Weaver, one hundred for[y (140) feet, a northerly direction along the west- em line of Low Alley fifty {50) feet in a westerly direction along said forty (140) feet, more or less, to TwentT-Fourth Street; thence in a southerly direction along the east- em line of Twenty-Fourth Street fifty (50) feet to the point and Place of BEGINNING. BEING Lots Nos. 26, 27 and northern ten {10) feet of Lot No. 25, as shown on plan of lots laid out by H.C. Zacharias in the Borough of Camp Hill, said plan being recorded in the Cumberland County Record- er's Office in Plan Book 1, Page 1. HAVING THEREON ERECTED a two and one-half story frame dwell- ing house and frame garage, known as No. 207 North 24th Street, Camp Hill, Tax Parcel No, 01-21-0271-085. SUBJECT, HOV~VEI~ to certain fully in the above mentioned Deed, TOGETHER v~th all and sin~ular, the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversions, mmaindem, renis, issue, s, profits thereof; AND also. all the tats. right, title, interest, property. claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with BEING the same premises which Robert E. Rigney and Wendy L, Rigney by their deed dated May 5. 200). and recorded dune 26, 2001 in the Office of the Cumberland Coun- ~ Recorder of Deeds in Deed Book Volume 247, Page 525, granted and conveyed unto Robert E, Rlgney. Court of Common Pleas of CUMBER- LAND, Civil Action, as of NO. 02-4986- CIVIL. seized and taken tn execution as the property of ROBERT E. RIG- NEY and WENDY L. WICKAKD aka WENDY L. RIGNEY at the suit of M & T BANK successor In interest tn Pennsylvania National Bank. Ca~,iAe Boro, Cumberland County My Commission Expires March 5, 2~,5 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff(s) No. 02-4986-CIVIL VS. PRAECIPE FOR SATISFACTION ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Defendant(s) FILED ON BEHALF OF Plaimiff(s) COUNSEl_, OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON A. MCKECHNIE PA ID#36228 MARLENE J. BERNSTEIN, ESQUIRE PA ID#43574 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8100 BERNSTEIN FILE NO. F0008665 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to Pennsylvania National Bank Plaintiff VS. ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY CMl Action No. 02-4986-CIVIL Defendant. PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. Sworn to and subscribed before me this day of ~ ,2004 Nota~C~ ubli5 ~ Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO: F0008665