HomeMy WebLinkAbout01-03337
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MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC,.
IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
Ys.
OJ ~d32 7 CIVIL ACTION -LAW
ACTION OF MORTGAGE FORECLOSURE
ROBERT E. RIGNEY AND
WENDY L. RIGNEY
Defendants
TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT
A DEBT OWED TO OUR CLffiNT. 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 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 HAN 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
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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 171 02
(717) 234-4178
Attorney LD,# 15700
Attorney for Plaintiff
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MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: CNIL ACTION - LAW
vs.
ROBERT E. RIGNEY AND
WENDY 1. RIGNEY,
: ACTION OF MORTGAGE FORECLOSURE
11...0.0/- 3337 ~ ~
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, WISCONSIN 53201.
2. Defendant, ROBERT E. RIGNEY, is an adult individual, whose last known address is 207 NORTH
24TH STREET, CAMP HILL, PENNSYLVANIA 17011. Defendant, WENDY 1. RIGNEY, is an adult
individual, whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PENNSYLVANIA
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 ofthe 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 ofthe 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. The Mortgage was subsequently assigned to
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MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, and will be sent for recording. The
Said Mortgage and Assignments are incorporated herein by reference.
5. The land subject to the Mortgage is: 207 NORTH 24TH STREET, CAMP IDLL, PENNSYLVANIA
1701 I 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
February 1, 2001 and all subsequent installments thereon, and the foIlowing amounts are due on the
Mortgage:
UNPAID PRINCIPAL BALANCE
$75,411.04
Interest at $17.56 per day
From 01/01/01 To 06/01/2001
(based on contract rate of 8.500%)
$2,651.56
Accumulated Late Charges
$30.75
Late Charges at $39.88
Per month for 6 months
$239.28
Escrow Deficit
$797.74
Attorney's Fee at 5% of Principal Balance
$3,770.55
$82,900.92
**Together with interest at the per diem rate noted above after June 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 coIlected 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..
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9, Notice ofIntention 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.
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 8,500% ($17.65 per diem), together with other charges and
costs including escrow advances incidental thereto to the date of . ff s Sale and for foreclosure and sale of
the property within described.
PURCELL, G &
Leon P. Haller, Esquire
Attorney for Plaintiff
J.D. # 15700
1719 N. Front Street
Harrisburg, P A 17102
(717-234-4178)
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EXUIBl'!' A
AI.L that certain piece or parcel of land situate in the Borol,lgh of camp Uill, County
of cumberland, and state of Pennaylvania, mon:! particulary bounded i.lnd descri ul,nl 89
falloWd, to wit:
BEGINNING at a point on the eastern line of 1wenty-fourth street (formerly Park
Avenue), said point being fifty, (50) feet measured northwardly along Twenty-fourth
street from the-northeast corner of Twenty-~ourth and Logan streets; thence in an
easterly direction along the. northern line of land, now or late, of John O. W/?8ver,
one hundred and forty (140) feet, mora or le09 to Low AlleYi thence in a northel.'ly
direction along the we.tern line af Low Alley fifty {50) f--eet" to the southern line of
land, now or late, af Charles T. Bowmani thence in a westerly direction along said
last mentioned line one hundred and forty (140) feet, more or le9s, to 1'wenty-fourth
streetj thence in a southerly direction along the eastarn line of 'I'wanly-fourth
streot fifty (50') feet to the point or place of BEGINNING.
BEING Lots NOB. 26. 27 and the northern ten (10) feet of Lot No. 25., as shown on plan
of lots laid out by U. c. Zaclrl1riaa in the Borough of Camp uill: aajJ plan be.illg
recorded in the cUmbe~land county Recorder's Office in Plan Book 1, Page 1.
flAVING thereon erected a two and one-half story .frame dwelling house and frame
9aL4898, known as No. 201 North 24th stz:aet, Camp 1Iill.
BElNG TUE SAME PUEMIS,RS which Alexander Putllam ~prague, Executor at the ~9tat;c of
clarence Bartlett sprague, a/k/a c. BarlletL: S[lJ:"ague. deceased, by need bead.u~ date
the 20th day of February, 194, and recorded in the office of the Recorder of Deeds
foe CUIt\berland County, Pennsylvania, on the "It\) of l>larch, 1994, in Oeed Book 102,
Page 39"/, granted and conveyed uuto Robert E. rt.i,gney and Wendy L. Uigney, husband and
wife.
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".1\',' uf Cumberland
'.: rhtJ in the office for the recording of Dead:;
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COMPANY NAME: MRlm:E EJ:ECIR:NIC REGISIRZ\T.KN SYSlEM), OC. WIlli
A SERJJClN3lGNT CF flEEr MRlm:E crnP.
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. C.S.
Section 4904 relating to unsworn falsification to authorities.
Dated M'ly 31, 2001
By
KAREN QRLANDO
Title VICE PRESIDENT
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03337 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRAT
VS
RIGNEY ROBERT E ET AL
DAWN KELL
, 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 0018:38 HOURS, on the 7th day of June
, 2001
at 207 N 24TH ST
CAMP HILL, PA 17011
by handing to
ROBERT E. 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 Answers:
f!'~~-<~
R, Thomas Kline
Sworn and Subscribed to before
06/08/2001
'URCE~:: KR~=\. ~
Deputy Sheriff
me this J.~~ day of
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SHERIFF'S RETURN - NOT FOUND
,
CASE NO: 2001-03337 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRAT
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
NOTI CE
, NOT FOUND , as to
the within named DEFENDANT
, RIGNEY WENDY L
DEFT. IS NO LONGER RESIDING AT ADDRESS STATED
ROBERT STATES THAT SHE IS IN CANADA, RETURN NOT FOUND
AS PER KAREN, 6/8/01
Sheriff's Costs:
Docketing
Not Found Return
Affidavit
Surcharge
6.00
5.00
.00
10.00
.00
21. 00
omas Kline
iff of Cumberland County
& HALLER
this
Sworn and subscribed to before me
,{l' €Y
day of ~
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MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC..
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
DI-J;J7 CIVIL ACTION -LAW
ACTION OF MORTGAGE FORECLOSURE
ROBERT E. RIGNEY AND
WENDY L. RIGNEY
Defendants
TIDS 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 ilie claims set forth in ilie following pages, you must take action
wiiliin twenty (20) days after the Complaint and notice are served, by entering ~ written appearance personally or by attorney and
filing in writing wiili ilie 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 ilie Court wiiliout further notice for any money
claim in ilie Complaint of for any oilier claim or relief requested by ilie Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS POPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT RAVE 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 CUALQUlER OBJECCION
CONTRA LAS QUEJAS EN ESTADEMANDA.
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
REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA
DECISION, ES POSSffiLE QUE liSTED 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
TRUE cOPVF'ROM 'RECORD
I n Testimony wnerllOf, I here unto-SlIt my hand .
and the ~I of said Coortat carlisle PI.
. fhiSSS'l-dap~ ,~
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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 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
infonnation 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) 234A 178
Attorney LD.# 15700
Attorney for Plaintiff
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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 L. 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 ofthe entire beneficial interest in the Mortgage, with an
address of P,O. BOX 1169, DEPT. 2665, MILWAUKEE, WISCONSIN 53201.
2, Defendant, ROBERT E, RIGNEY, is an adult individual, whose last !mown address is 207 NORTH
24TH STREET, CAMP HILL, PENNSYL VANIA 17011. Defendant, WENDY L. RIGNEY, is an adult
individual, whose last !mown address is 207 NORTH 24TH STREET, CAMP HILL, PENNSYL VANIA
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 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. The Mortgage was subsequently assigned to
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MORTGAGE ELECTRONIC REGiSTRATION SYSTEMS, INC. and will be sent for recording, The
Said Mortgage and Assignments are incorporated herein by reference.
5, The land subject to the Mortgage is: 207 NORTH 24TH STREET, CAMP HILL, PENNSYLVANIA
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
February 1,2001 and all subsequent installments thereon, and thefollowing amounts are due on the
Mortgage:
UNPAID PRlNCIP AL BALANCE
Interest at $17.56 per day
From 01/01/01 To 06/01/2001
(based on contract rate of 8.500%)
$75,411.04
$2,651.56
Accumulated Late Charges
$30.75
Late Charges .at $39,88
Per month for 6 months
$239.28
Escrow Deficit
$797,74
Attorney's Fee at 5% of Principal Balance
$3,770.55
$82,900,92
**Together with interest at the per diem rate not~d above after June 1,2001 and other charges and costs
to date of Sheriffs 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..
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9. Notice ofIntention 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.
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 8.500% ($17,65 per diem), together with other charges and
costs including escrow advances incidental thereto to the date of . ff s Sale and for foreclosure and sale of
the property within described.
PURCELL, G &
Leon P. Haller, Esquire
Attorney for Plaintiff
I.D. # 15700
1719 N. Front Street
Harrisburg, P A 171 02
(717-234-4178)
By:
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EXUrUl'l' A
AI.L that certain piece or parcel of land situate in the Borough of Camp lIill, County
of Cumberland. and. sta.te af Pent\lIylvania, nlara particulary bounded and descrihuu ao
follows, to wit:
BEGINNING a.t a. point on the eastern line of 1~enty-fotlrth street (formerly Pa~k
AVenUe), said point being fifty, (50) feet measured northwardly along Twenty-fourth
Street from the-northeast corner of Twenty~fourth and Logan streets; ~hence in an
easterly direction along the northern line of land, now or la.te, of John D. Wlilaver,
one hundred and forty (140) feet, more or leos to Low Alley; thence in a,northeL-ly
direction along the weqtern line of Low Alley fifty (50 r feet' to the southern line of
land, now or late, of Charles T. Bowman; thence in a westerly direction along said
la:at mentioned line one hundred and forty (140) feet, lIIare or less, to '.rwenty-'fou~th
street; thence in a southerly direction along the eastern line of 't'wanty-fourth
streot fitty (50) feet to the point or placid of BEGINNING.
BEING Lata Nos. 26, 27 a'nd the northern ten (10) feet of Lot No. 25, as shown on plan
of lot a laid out by 11. c. Zacharias in the Borough of camp, nill, oaid plan being
recorded in the cumberland County Recorder's Office in' plan nook 1, Page 1.
HAVING thereon erected a two anu one-half story frame dwelling hOU91.! and frame
garage, known as No. 207 North 24th stxoet, camp llill.
BEING 't'UE SAME PUEHIS,ES which Alllxander Pulliam sprague, E.xecutor ot the El3tatu uf
Clarence Bartlett spragua, a/k/a C. BarLlett Sprague, deceased, by Dead bearil1~ date
the 26th day of February, 194, and recorded in the office of the Recorder of needs
tor Cumberland county, pennaylvania, on the 7th of MtlL'ch, 1994, in Deed Book 102,
Page 397, granted and conveyed UlltO Robert t::. n.i qnay and, wendy L. ni.gney, husband and
wife.
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COMPANY NAME: M:Rll:KE EJ:ECIR)',I[C REGI:S:lffiT.KN SYSIEM3, :IN::. WTIH
A SERJJClN3 l'GNr OF Hm M.lUGlCE crnP.
VERIFICATION
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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. C.S.
Section 4904 relating to unsworn falsification to authorities.
By ,?/'
KAREN ORLANDO
Title VICE PRESIDENT
Dated Mly 31, 2001
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FLEET MORTGAGE CORP.
vs.
CIVIL ACTION - LAW
ROBERT E. RIGNEY
WENDY L. RIGNEY
ACTION OF MORTGAGE FORECLOSURE
Defendants
Term
No. 01-3337
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Kindly reinstate the complaint on the above captioned matter.
DATE: September 17,2001
PURCELL, KRUG, & HALLER
BY
LeonP. H r
1719 North Front Street
Harrisburg, Pa, 17102
Attorney for Plaintiff
Attorney ID# 15700
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-03337 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRAT
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
and inquiry for the within named DEFENDANT
, to wit:
.
RIGNEY WENDY L
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
serve the within COMPLAINT - MORT FORE
County, Pennsylvania, to
On October
2nd , 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Dauphin Co 29.25
.00
66.25
10/02/2001
PURCELL KRUG & HALLER
Sworn and subscribed to before me
this 'It:tc
day of @~
;Jfh.J1 A.D.
qy~
Q.'"ri1Jp.. ~
Prothonotary
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@ffitt of tlr~ ~1r~:riff
William T, Tully
Solicitor
J. Daniel Basile
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W, Rinehart
Assistant Chief Deputy
Dauphin Coun1y
Harrisburg, Pennsylvania 17101
ph: (717)255-2660 fax: (717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
MORTGAGE ELECTRONIC REGISTRATION
vs
County of Dauphin
RIGNEY WENDY L
Sheriff's Return
No. 2728-T - -2001
OTHER COUNTY NO. 01-3337
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for RIGNEY WENDY L
the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, September 27, 2001
DEFENDANT MOVED TO 74 LEGACY DRIVE, MARKHAM, ONTARIO CANADA L354B5 PER
HER EX-HUSBAND WHO LIVES AT 2959 GREEN ST., HBG., PA 17110
Sworn and subscribed to
So Answers,
JfrJM-
before me this 27TH day of SEPTEMBER, 2001
C!-. ~aN.M)
Sheriff of Dauphin County, Pa.
PROTHONOTARY
By
Deputy Sheriff
Sheriff's Costs: $29.25 PD 09/27/2001
RePT NO 154611
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Mortgage Electronic Registration Systems, Inc.
VS.
Robert E. Rigney et al
Wendy L. Rigney
, 01
No,
3337 civil
SERVE:
Now,
September 20, 2001
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauohin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
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Sheriff ofCumherland County, PA
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of , 20
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
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MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC..
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
YS.
01-33'67 CIVIL ACTION -LAW
ACTION OF MORTGAGE FORECLOSURE
ROBERT E. RIGNEY AND
WENDY L. RIGNEY
Defendants
THIS 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 ~ 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 Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE mIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE mE OFFICE SET FORm 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 ELPROCESO 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 01ROSDERECHOS 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, PAl 70 I 3
717-249-3166
l:RtJE COPY FROM REOOAD
In Tutimony Whereof, there unto set my hand
and the seal of said COlIrt at Carlisle. PI.,'-- rtri~~ odaYQ~~n:'r.~O\
othonotary
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MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.,
: IN THE COURT OF COMMON PLEAS
; CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
vs.
; CML ACTION LAW
: 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 of this notice disputes the validity ofthe 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 171 02
(717) 234-4178
Attorney I.D.# 15700
Attorney for Plaintiff
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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 REGISTRATIO~ 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 ofthe entire beneficial interest in the Mortgage, with an
address of P.O. BOX 1169, DEPT, 2665, MILWAUKEE, WISCONSIN 53201.
2. Defendant, ROBERT E, RIGNEY, is an adult individual, whose last known address is 207 NORTH
24TH STREET, CAMP HILL, PENNSYLVANIA 17011. Defendant, WENDY 1. RIGNEY, is an adult
individual, whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PENNSYLVANIA
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 l14l(a) of the Pennsylvania Ru1es 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 subj ect' .
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. The Mortgage was subsequently assigned to
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MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and will be sent for recording, The
Said Mortgage and Assignments are incorporated herein by reference.
5, The land subject to the Mortgage is: 207 NORTH 24TH STREET, CAMP HILL, PENNSYL VANIA
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
February 1,2001 and all subsequent installments thereon, and the following amounts are due on the
Mortgage:
Interest at $17.56 per day
From 01/01/01 To 06/01/2001
(based on contract rate of8.500%)
$75,411.04
$2,651.56
UNPAID PRINCIPAL BALANCE
Accumulated Late Charges
$30.75
Late Charges at $39,88
Per month for 6 months
$239,28
Escrow Deficit
$797.74
Attorney's Fee at 5% of Principal Balance
$3,770.55
$82,900.92
**Together with interest at the per diem rate noted above after June 1, 2001 and other charges and costs
to date of Sheriffs 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..
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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.
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 8.500% ($17.65 per diem), together with other charges and
costs including escrow advances incidental thereto to the date of 'frs Sale and for foreclosure and sale of
the property within described.
PURCELL, G &
Leon P. Haller, Esquire
Attorney for Plaintiff
I.D. # 15700
1719 N. Front Street
Harrisburg, P A 17102
(717-234-4178)
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ALL that certain piece or parcel of land si.tuate in the Borough of ca.mp Uillf county
of CUKlberland, and state of penn1lylvania, R\O(U particulary bounded und descrihud as
follows, La wi t:
BEGINNING at a point on the eAstern line of 1~enty-fourth Street (formerly Park
AvenOe), said point being fifty, (50) feet measured northwa.rdly along Twenty-fourth
Street from the-northeast corner of TWenty-fourth and Logan streets: thence in an
ea,9terlY direction along the northern ,line af land,.- now or late, of John o. W~aver,
onB hundred and forty (140) feetl more or h~ss to Low Alley; thence in a northerly
direction along the we"tE!rn line of Low Alley fifty (50) feet' to th.a southern line of
land, now or late, of Charles T. Bowman; thence in a westerly direction along said
last mentioned line one hundrell and forty (HO) feet, nlore or les9, to ~'wenty-fout:th
street; thence in a southerly direction along the aaatern line of 'l'wanty-fourth
Stl:60t fifty {50} feet to the palnt or placu of BEGINNING.
BEING Lata Nos. 26, 27 and the northern ten (10) feet of Lot No. 25, as shown on plan
of lots laid out by II. c. Zacharias in the Borough of Camp nill, Bajd 'plDn be,iulj
recorded in the cumberland County Recorder'S office in Plan Book Il Page 1.
JlAVING thereon erected a. two and one-half atory frAme dwelling hOU~lU 'and frame
garage, known as No. 207 North 24th str(iet, camp nil!.
,
BEING 'J'II11.: SAME PUEMISES which Aluxander Putllam ~pra9ue, Executor of the Eotatu uf
ClarencE!:' Bartlett Sprague, alkla C. BarLlett sprague, deceased, by need beari.ulj date
the 28th day of February, 194, and recorded in the office of the Recorder of Deeds
for Cumberland county. Pennsylvania, on the 7th af t-larch, 1994, in Deed Book. 102,
Page 397, granted and conveyed Ullto RobeJ~t E. Rigney. and Wendy L. Ri.gney, husband and
wife.
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,';rhd in the office for the recording Qf 080{t~
W ,~nd ~}t]A44mberland Count'l{,_eal
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COMPANY NAME: M:RJJ:KE ElECIRMC REGISIl'ro'JrN SYSIEM3, E. WY.lli
A SEWICIN3 P.GNr OF FrEEr M:RJJ:KE crnp.
VERIFICATION
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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. C.S.
Section 4904 relating to unsworn falsification to authorities.
By c/"/
KAREN ORLANDO
Title VICE PRESIDENT
. Dated M:!Y 31, 2001
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SYStEMS, INC.
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
VS.
NO. 01-3337 CIVIL TERM
ROBERT E. RIGNEY AND WENDY L. RIGNEY
DEFENDANTS
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
P RAE C I P E
TO tHE PROTHONOTARY:
Kindly Settle and Discontinue the above matter of record.
PURCELL, KRUG & HALLER
By:
Leon P. Haller ID #15700
Attorney for PI ntiff
Purcell, Krug Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: November 13. 2001
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