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HomeMy WebLinkAbout01-1203 FX ^'~~' '<<-'I" , ,_I MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE ROBERT E. RIGNEY AND WENDY 1. RIGNEY 01 - J~Q3 C/UL(~~ Defendants TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims setforth 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 claim in the Complaint of 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 POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717,249-3166 A VISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES; LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 "i!["'~" i, ; '~.~"' ,'- ~< ,po I> - ~ ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE ROBERT E. RIGNEY AND WENDY 1. RIGNEY, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff ~" " . ~ , - "'"y , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION - LAW vs. ROBERT E. RIGNEY AND WENDY L. RIGNEY, ACTION OF MORTGAGE FORECLOSURE 6/- /.203 ~ I~ Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner oflegal title to the Mortgage subject tot he Mortgage to this action and nominee for Fleet Mortgage Corp., which is the owenr of the entire beneficial interest in the Mortgage, with an address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WI 53201. 2. Defendant, is ROBERT E. RIGNEY whose last known address is 207 NORTH 24TH STREET, CAMP HILL, P A 17011. Defendant is WENDY 1. RIGNEY whose last known address is 207 NORTH 24TH STREET, CAMP HILL, P A 17011. 3. On or about, December 29, 1994 the said Defendants executed and delivered a Mortgage Note in the sum of $80,000.00 payable to INTEGRA MORTGAGE COMPANY. The said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within mortgage foreclosure complaint is based upon the mortgage and that the attachment of a copy of the Note is unnecessary pursuant tot Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. 4. Contemporaneously with and at the time ofthe execution of the aforesaid Mortgage Note, in order to secure payment ofthe same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1247, Page 624 conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Fleet Mortgage Corp. recorded in the within County in Mortgage Book 658, Page 332 on October 25, 2000. ",1-' " ~ - " "t,~ ,- , 5. The land subject to the Mortgage is: 207 NORTH 24TH STREET, CAMP HILL, P A 17011 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on September 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $75,807.41 Interest at $17.65 per day from 08/01/2000 To 03/01/2001 (based on contract rate of 8.5000%) $3,741.80 Accumulated Late Charges $30.75 Late Charges at $30.75 Per month for 7 months $215.25 Escrow Credit $129.13 Attorney's Fee at 5% of Principal Balance $3,790.37 $83,456.45 **Together with interest at the per diem rate noted above after March 1, 2001 and other charges and costs to date of Sheriff s Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pelmsylvania law, and will be collected in the event of a third party purchaser at Sheriff s Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction.. 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act NO.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. f1!""" -= - LL 'Lt ~ ~ "tf. 10. Defendants are not members ofthe Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5% ($17.65 per diem), together with other charges and costs including escrow advances incidental thereto to date of Sheriff s Sale and for foreclosure and sale of the property within described. By: V PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff !.D. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) E.~--.= ~~ ~ ' ..,.:~ .~ " ~~' _",i' -. 10. Defendants are not members of the Armed Forces ofthe United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with thte procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualifY for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5% ($17.65 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of the property within described. ~~ By: PU~~~~~ Leon P. Haller, Esquire Attorney for Plaintiff !.D. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) "," "'" - =-..~~0 " - , ExurB!'l' A AI.L that certain piece or parcel of land situate in the Borough of Camp lIill, county of Cumberland, and State of Pennsylvania, mora particulary bounded ilnd describeu as follows, to wit; BEGINNING at a point on the eastern line of 'l'Wenty-fourth street (formerly Park AVenUe), Baid point being fifty (50) feet measured northwardly along Twenty-fauL-th Str$et from the northe,aet corner of Twenty-(aurth and Logan streets; thence in an easterly direction along the northern line of land" now_ or late, of John D. Weaver, one hundred and forty (140) feet, more or less to Law Alley; thence in a northeJ:ly direction alorig 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 sald last Inentioned line one hundred and forty (140) feet, more or lesH, to 'l'wenty-Iourth street; thence in a southerly direction along the eastern line of 'l'.....enty-fourth street fifty (50) feet to the point or place of BEGINNING~ BEING Lots Nos. 26, 27 and the northern ten (10) feet of Lot No. 25, as ahown on plan of lots laid out by II. C. zacharias in the Borough of camp uill, Bajd plan beju':1 recorded in the cumberland County Recorder'fl office in Plan Book 1, Page 1. IJAVING thereon erected a two and one-half fltory frame dwelling housl,.l and frame garage, known as NO. 201 North 24th street, Camp ni11. BEING 'l'IIE SAME PREMISES which AlexandeJ: Pulliam ~prague, Executor of the Eatatu uf Clarence Bartlett Sprague, a/k/a C. Barllett sp1:"ague, deceafled, by Deed bearinq date the 28th day of February, 194, aod recorded in the office of the Recorder of Deeds for cumberland county, pennsy-lvauia, on the 7th of March, 1994, in Deed Book 102, Page 397, granted and conveyed unto Robert Ii:. Ri,gney and Wendy L. Higney, hushand and wife. Exhlb\+ \\AII 'j8N-10-2001 07:13 , . . ~ PURCELL,KRUG,HALLER "- I-,i - ~ 717 234 1206 P.07/07 "',~ ". , COMPANY NAME: FLEET MORTGAGE CORP, VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. e.S. Section 4904 relating to unsworn falsification to authorities. By Dated 01-24-01 Title VIe TOTAL P.07 ~~""" . . ~ "~''-'r . il-- < ,~~ lillf1riilit,,, /" SHERIFF'S RETURN - REGULAR CASE NO: 2001-01203 P ,. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RIGNEY ROBERT E ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RIGNEY ROBERT E the DEFENDANT at 0017:15 HOURS, on the 5th day of March 2001 at 207 NORTH 24TH STREET CAMP HILL, PA 17011 by handing to ROBERT RIGNEY a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 So Ans~. // ~ "~t:-r~ R. Thomas Kline 03/06/2001 PURCELL, KRUG Sworn and Subscribed to before By: me this k- .21 ~ day of ~ 2b.c> I A.D. ~d~() ~<t1~ rothonotary ,_,_. "...... ."w,.__ ~~" ., L . , :ib1!III~d .. SHERIFF'S RETURN - NOT FOUND C " CASE NO: 2001-01203 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI 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 RIGNEY WENDY L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , RIGNEY WENDY L DEFT. NO LONGER RESIDES AT ADDRESS STATED, RETURN NOT FOUND AS PER STACEY 3/6/01. Sheriff's Costs: Docketing Not Found Return Affidavit Surcharge So answers: 6.00 5.00 .00 10.00 .00 21.00 R. Thomas Kline Sheriff of Cumberland County PURCELL, KRUG & HALLER 03/06/2001 Sworn and subscribed to before me this )1~ day of~ ;)...wI A.D. ~O.~,~ Pro honotary "' ..l - _, " I .~ ...." - - '~~"~,\e': . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. i. ACTION OF MORTGAGE FORECLOSURE 6/ - 1:263 Co; ( 't-~ ROBERT E. RIGNEY AND WENDY 1. RIGNEY Defendants TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWE]j TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You ate warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the COUlt without further notice for any mouey claim in the Complaint of 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 POPER 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 A VISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DlAS DESPUES DE . SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO,. REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSffiLE QUE USTED PUEDA PERDER DlNERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238,6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 TRUE copy FROM RECOflP In T~~~.IIWIl,unt!l ~t 1llY- _ \M 11III GIl ~ Co/,lrt at Carlisle. !'L ~ T* ~~ ~~::!Jfp{J ,"""',.... '_,_1 .oJ'. .'C_1!_' ~..iWkO,:Il~ MORTGAGE ELECTRONICREGISTRATION SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION LA Vi ACTION OF MORTGAGE FORECLOSURE ROBERT E. RIGNEY AND WENDY L RIGNEY, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt ofthis notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification ofthe said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff ~~ ~ <-- ,,_ -.' 'J,-,_ "EiJ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE ROBERT E. RIGNEY AND WENDY 1. RIGNEY, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. PIllintiff ,MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner oflegal title to the Mortgage subject tot he Mortgage to this action and nominee for Fleet Mortgage Corp., which is the owenr of the entire beneficial interest in the Mortgage, with an address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WI 53201. 2. Defendant, is ROBERT E. RIGNEY whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PA 17011. Defendant is WENDY 1. RIGNEY whose last known address is 207 NORTH 24TH STREET, CAMP HILL, P A 17011. 3. On or about, December 29, 1994 the said Defendants executed and delivered a Mortgage Note in the SUIll of $80,000.00 payable to INTEGRA MORTGAGE COMPANY. The saidNote is not accessible to Plaintiff and is believed to have been lost.. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within mortgage foreclosure complaint is based upon the rnortgage and that the attachment of a copy of the Note is unnecessary pursuant tot Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1247, Page 624 conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Fleet Mortgage Corp. recorded in the within County in Mortgage Book 658, Page 332 on October 25, 2000. -~.--~., , .;, Il:.:!lfi.lf.ilr~j'&, 5. The land subject to the Mortgage is: 207 NORTH 24TH STREET, CAMP HILL, PA 17011 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on September 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $75,807.41 Interest at $17.65 per day from 08/01/2000 To 03/01/2001 (based on contract rate of 8.5000%) $3,741.80 Accumulated Late Charges $30.75 Late Charges at $30.75 Per month for 7 months $215.25 Escrow Credit $129.13 Attorney's Fee at 5% of Principal Balance $3,790.37 $83,456.45 **Together with interest at the per diem rate noted above after March 1,2001 and other charges and costs to date of Sheriff s Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction.. 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. ___,~, ~ J~ " . " 1. - ,J.,....,"-,,~~ -~El,"'_<i;~ 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5% ($17.65 per diem), together with other charges and costs including escrow advances incidental thereto to t date of Sheriff s Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) '"",'_",,,i!l,\-. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with thte procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualifY for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5% ($17.65 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described.__ ./7 ? By: ~ ~~C- PUlfCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff J.D. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) ~,=,"",-";.. " . . EXUIBl'j' A AI,L tha.t certain piece or parcel of land situate in Lhe Borough of Camp nill', Cuunty of Cumberland, and Stat6 of PennlJylvania, mace particulary bounded dod describud as follows, to wit: BEGINNING at a point on the eastern line of 'j'wenty-fourth street (formerly Park AVenUe), said point being fifty (50) feet measured northwardly along Twenty-foU1:"th Street from the northeatlt corner of Twenty-fourth and Logan Streets; thence in an easterly direction alo09 the north'ern line of land, now or late, of John D. Weaver, one hundred and forty (1.40) feet, more or le.9s to Low Alley; thence in a northerly dlrection along the western line of Low Alley fifty (50) feet to the southern line of land, now or late, of Cllarlea T. Bowmanj thence in a 'westerly direction along sald last mentioned line one hundreu and forty (140} feet, more or less, to 'l'wenty-fourth street; thence in a southerly direction along the eastern line of 'l'wenty-fourth street fIfty (50) feet to the point or placld of BEGINNING. BEING Lots Nos. 26, 27 and the northern ten (10) feet of Lot No. 25, as shown on plan of lata laid out by II. C. ZachariaB in the Dorough of Camp Ilill, aaid plan be,iug recorded in the Cumberland county Recorder's qffice in plan Book I. page 1. IlAVING thereon erected 8 two and one-half story frame dwelling hOU9L! and frame garage, known as No. 201 North 24th straet, Camp nil 1. BEING 'l'UE SAME PUEMISES which Al~xander Putllal1l Sprague, Executor 01 the Estat!.! of clarence Bartlett Sprague, a/k/a C. BarLlett Spt"ague,," deceased, by Deed bear:ing date the 28th day of February, 194, and recorded in the office of the Recorder of Deeds for CUllIbet"land county, pennsylvania, on the "th of Harch, 1994, in Deed Book 102, Page 397. granted and conveyed 1I11tO Robert B. ft.i.gney and Wendy L. Higney, hUDband and wife. Exhbll '\A" '~.l.;" '. ~~.~-, JflN-10-2001 07:13 ;, '., -', PURCELLiKRUG,HALLER , " " _..:2...",: '(oll ~..:.q .1.O::::l::jb _ 1.t1(/I::J{ . COMPANY NAME: FLEET MORTGAGE CORP. VERIFICATION I verify that the statements made in the foregoing Complaint ate true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. Section 4904 relating to unsworn falsification to authorities. . ,/ By I / 1/ " .I ,/' Dated 01-24-01 v' ORLANDO Title VIe PRESIDENT TOTRL P.07 ~~~~~iliIDlil~M1~~~_1,g",H~'2,"t:itid"'';b~;:if~B'',.-<-!''.'iifc%1-';tjti;l4!;~~~.IilI_~~ ""'lliiIlr rb&"q,~'. ,~...,,~. Jf'~, ~: C~: fi~fLt; .~..;o~ V'r~rit^ lkSI'I'N:!h.1 .-:.f -nn~<:l G::;t 'liD, ~~ ~<2 11'1 ~ ~ A.lJ.hili{;c '; i'i ~'iI1H'Al :ljjiWl-ffi ,~l+.l":O::tru1OOlJ "' - " ,,~ ~ l!iil~jj!iil'~ t j' . -,c, ,~, >>-,,--, - ,-,.....'- ~ ",' . ~ ~ ~ ~ ~ -.. Lei ~ ~ . ~ ~ -, -~""- . . . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. Defendants ACTION OF MORTGAGE FORECLOSURE O/-/~ Q~\,'(~~ ROBERT E. RIGNEY AND WENDY 1. RIGNEY TillS FIRM IS A DEBT COLLECTOR AND WE ARE Al'TEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses' or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plain1iff. You may lose money or property or other rights impOltant to you. YOU SHOULD TAKE1HIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717c249-3166 A VISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTEDRESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIa QUE USTED, 0 SU ABOGADO, REGlSTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMAND ANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO lMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 l'AUE.COPYFRm...1 RECORD In Tll8timoAyWberlloOf,1 ri>ii,{I.; liillo. my hamI - the ""said Coon i>l C.vli$le.Pa. TtItI ..;g-. day ot~ """ '-- /::. ,,~~ - ~ . ... I;;"~'" .~ i.,"'---=--- =~ , ..' .' ,,-,,-;"< .-., -"j ~, .C', ',;,,: . . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE ROBERT E. RIGNEY AND WENDY 1. RIGNEY, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff 1iE..i&!oill - - , -- - ~ "";j:-IHiliUiidrJ:. . . , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE ROBERT E. RIGNEY AND WENDY 1. RIGNEY, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner of legal title to the Mortgage subject tot he Mortgage to this action and nominee for Fleet Mortgage Corp., which is the owenr of the entire beneficial interest in the Mortgage, with an address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WI 53201. 2. Defendant, is ROBERT E. RIGNEY whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PA 17011. Defendant is WENDY 1. RIGNEY whose last known address is 207 NORTH 24TH STREET, CAMPHILL,PA 17011. 3. On or about, December 29,1994 the said Defendants executed and delivered a Mortgage Note in the sum of$80,000.00 payable to INTEGRA MORTGAGE COMPANY. The said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within mortgage foreclosure complaint is based upon the mortgage and that the attachment of a copy of the Note is unnecessary pursuant tot Rules JOI9(h) and 1141(a) of the Permsylvania Rules of Civil Procedure. 4. Contemporaneously with and at the tirne of the execution ofthe aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgilge Book 1247, Page 624 conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Fleet Mortgage Corp. recorded in the within County in Mortgage Book 658, Page 332 on October 25, 2000. .-.........~ - ; J. '".' "'-~ ~ ,~~"^=~.' eI"",j,, . , 5. The land subject to the Mortgage is: 207 NORTH 24TH STREET, CAMP HILL, P A 17011 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendants are the real owners ofthe property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on September 1,2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $75,807.41 Interest at $17.65 per day from 08/01/2000 To 03/0112001 (based on contract rate of 8.5000%) $3,741.80 Accumulated Late Charges $30.75 Late Charges at $30.75 Per month for 7 months $215.25 Escrow Credit $129.13 Attorney's Fee at 5% of Principal Balance $3,790.37 $83,456.45 **Together with interest at the per diem rate noted above after March 1,2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction.. 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. ,~ ~ . ';,.\ , ",-j"","--"", "'I~~t . , 10. Defendants aTe not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency ~ not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5% ($17 .65 per diem), together with other charges and costs including escrow advances incidental thereto to t date of Sheriff s Sale and for foreclosure and sale of the property within described. By: -'71/ PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff !.D. # 15700 1719 N, Front Street Harrisburg, P A 17102 (717-234-4178) Ij:!~' ~ ~-~. - ,~ " ,; ~- -"'~"..-y-,,-, 10. Defendants are not members of the Armed Forces ofthe United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with thte procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5% ($17.65 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of the property within described. BY:-~- pUlfcELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) - - ~iliIii:l, . . '" .v_~-.'.,." ',.',~__,-~.., .~.-. EXIIIUl'!' A AI.L that certain piece or parcel of land situate in the Borough of Camp lIill, cuunty of cumberland, and state-of Pennuylvania, mora particulary bounded o.Iod deacri huu as fallows, to wit: BEGINNING at a point on the eastern line of Twenty-fourth street (formerly Park Avenue), eaid point being fifty (50) feet measured northwardly along Twenty-fourth street from the northeast coroer af Twenty-~ourth and Logan streets; thence in an easterly direction along the northern line of land, now or late, of Jolm D. , Weaver, one hundred and forty (140) feet, more or lese to Law Allay; thence in a northerly direction along the weatern line of Low AIl.ey fifty (50) feet to the southern line of land, now or late, of charles '1'. Bowmanj thence in a westerly direction along saId last Illent:.ioned line one hundred' and forty (1401 feet, lItore or less, to ~'wenty-flJurth street; thence in a southerly direction along the eastern l1ne of 'l'wenty-fourth s,treal:. flfty (50) feet to tbe point or plac~ ot BEGINNING. BEING Lots Nos. 26, 27 and the northarn ten (10) feet of Lot No. 25, as shown on plan of lots laid out by II. C. zacharias in the Dorough of Camp lIlll, sajd plan be_iulJ recorded in the cumberland county Ra-corder's qffice in plan Book 1, Page 1. HAVING thereon erected a two and one-half Btory frame dwelling hous!.! and frame garage, known as No. 207 North 24th street, camp- JlilL BEING 'l'lIE SAtlE PREMISES which All::lxander Putualll sprague, Executor at the Eotatu of Clarence Bartlett sprague, a/k/a C. Barllett Sprague,. deceased, by Deed beariulJ date the 28th day of February, 194, and recorded in the office of the Recorder af Deeds foe cuulbe1:1and county, pe.nnaylvania, on thB "lth of Hal:ch, 1994, in Deeu Book 102, Page 397, granted and conveyed unto Robert Ii:. n.i_guay and wendy L. Uigney, hUflband and wife. Exhlbll \IAII J8N-10-2001 07:13 , PURCELL,KRUG,HALLER " < j, . , >-,,"" '.. h"' ~h" '(~( ~..)q .L.c:~o 1.lOf/lO( 0' , , COMPANY NAME: FLEET MORTGAGE CORP, VERIFICATION I verifY that the statements made in the foregoing Complaint ate true and correct I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. .I By .'. Dated 01-24-01 Title TOTAL P.07 - .-......" I _ " -- -,' " ',..: , :1Ij;;~tl.ffi.fj;j,,;i.i,'.:;:cV,W'<~+~oW.~i~llliiKir.. ll.li Il.J.?dl ~~~~!!~j~ """""" '.-i~ < .~ . .~~~ o.t;,i II Ii Ii , ii ii ii !i ii I I I i I f.~: ,r"-~-, I."..,.,: ----, r~: @;i. VINVAT,\SNN3d ~_!: ~- ~"7 H\fD 10. Pl ZZ IJ Z ;!iUN j;'J.1'WQOQI'lV1lJJBwi/6.. '!f.:rtlt!J'/I'? "',.!.. 3~:'J.j~1 ~.'} t[;. /tF.p ~} . ~ ~ "" ;~ _ '0. , . ~ -- ., '. -d"-' - .-1iIiiiIi1i. L' *t~in MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW - No.01-1203 ROBERT E. RIGNEY AND WENDY L. RIGNEY Defendants IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Kindly settle and discontinue, without prejudice, the above matter of record. PURCELL, KRUG & HALLER BY ~ ~ ..- Leon . Haller 1. D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 (Attorney for Plaintiff) DATE: May 31, 2001 ~'~iiti~M@~"'rd,;;liJ.k(tM~liWiM':lwitt&i~i~!!.ll"t;i"'''''dd_'l.",,-M''O~'W ',,..:&l,Wgll_i:;,i;,i:lhB*&iiiM;l!)""'" e&&I~IiiHiiHi"'-'.--'""""-";w=,.,., _~-,l-~~rl' , .~ -~ -. ~- - ~"~ = ,- -;::},Tn n-li""!-; ;S ;~-' r.-, . \-",- ;:::~ <" L:"_:;:-". ';7~- \.... ..'-~ :=j -<, ("") ~ C=:' ""',' '-~ -:;~;;::< --0;: ~? :.n ....J ~