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HomeMy WebLinkAbout09-1467F:\FUM\Clieats\11412 Commerce Bank\11412.9\11412.9.com.wpd Revised: 319109 1:15PM 11412.8 Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT E. RIGNEY, Defendant :NO. Oj- 14(ol CIVIL TtaM : IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 MARTSON LAW OFFICES Dated: 'PAAzk 1, 2009 By: /.. Christopher E. Rice, Esquire Jacob M. Theis, Esquire Attorneys for Plaintiff NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents is the Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be, valid by the Creditor's law firm, unless the Debtor/Mortgagor, within thirty (30) days after receipt of this notice, disputes, in writing, the validity of the debt or some portion thereof. 4. If the Debtor/Mortgagor notifies the Creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Written request should be addressed to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 * THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO.O4 /YG 7 CIVIL, T1L..,, ROBERT E. RIGNEY, ; Defendant IN MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff, COMMERCE BANK/HARRISBURG N.A., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Commerce Bank/Harrisburg N.A., is a Pennsylvania Banking Corporation with a principal place of business at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. Defendant, Robert E. Rigney, is an adult individual residing at 207 North 24U' Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Defendant is the owner of the Real Property (hereinafter defined) as set forth in Deed Book 247, Page 525, which is subject to the Mortgage described below. 4. On August 3, 2005, Defendant, in consideration ofhis indebtedness to Plaintiff in the amount of Forty-two Thousand, One Hundred and Thirty-one Dollars ($42,131.00), made, executed and delivered to Plaintiff a Promissory Note in favor of Plaintiff, in the amount of Forty-two Thousand, One Hundred and Thirty-one Dollars ($42,131.00) (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A." 5. As security for the performance of his obligations under the Note, Defendant, as Mortgagor, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real Property (the "Mortgage"), which Mortgage is recorded in the Office of Recorder of Deeds of Cumberland County in Mortgage Book 1919, Page 609. A true and correct copy of the Mortgage is attached hereto as Exhibit "B." 6. The Real Property subject to the Mortgage is known as and numbered 207 North 24' Street, Camp Hill, Cumberland County, Pennsylvania, 17011, and is more particularly described in the legal description included in the Mortgage. 7. The Mortgage has not been assigned. 8. Defendant, as terre-tenant, is the real owner of the Real Property and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 9. Beginning with the payment due on November 8, 2008, for the Note, Defendant has failed to pay Plaintiff the payments due and the accrued late fees as demanded. 10. Pursuant to the terms of the Note, Plaintiffhas made demand for payment of all sums due and owing thereunder, but payment in full, which includes arrearages, has been refused. 11. As authorized under the Notes and/or Mortgage, the loan obligations to Plaintifffrom the Defendant have been accelerated. 12. As of February 16, 2009, Defendant now owes $40,000.98, plus interests, fees, and costs, as follows: Principal Balance for Note: $40,000.98 Interest $1,284.01 Late Payment Charges: $106.47 Court Costs and Fees (estimated) $750.00 Attorney's Fees (estimated): $4,000.98 TOTAL: $46,142.44* *Plus interest accruing at $7.93 per day from February 16, 2009, until the debt is paid in full: $ 13. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and Attorney Fees listed above should additional services be requested and/or costs/charges/fees be incurred as a result of the collection of the money owed and foreclosure of the Real Property. 14. As of February 16, 2009, the amount due and owing from Defendant under the Note is the amount of $46,142.44, plus interest from February 16, 2009, at the rate of $7.93 per day until the debt is paid in full. 15. The Mortgage attached as Exhibit "B" is a residential mortgage under the provisions of the Act of January 30, 1974, P.L. 13, No. 6, 41 P. S. § 101, et seq., as amended. 16. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c) (collectively, the "Notice"), Plaintiff sent a notice of intention to foreclose mortgage and of the mortgage assistance program dated December 8, 2008, to Defendant by certified mail, return receipt requested. A true and correct copy of the Notice and Certified Mail Receipt is attached hereto, made a part hereof and marked as Exhibit "C." 17. Defendant has failed to completely cure the default and failed to meet the time limitations specified in the Notice. WHEREFORE, Plaintiffdemands judgment against Defendant under the Note in the amount of $46,142.44, plus interest from February 16, 2009, at the rate of $7.93 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter. MARTSON LAW OFFICES By: 2e4 <- Date:l l,'2009 Christopher E. Rice I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff PROMISSORY NOTE ...rrwr?.pr t.Q$n d t $ ilrl?`'1 (3Qt{ .0 42,131 go R??? ? l? U? l?#-2t??4, eaN / eaaR Account f Inl?afs ?A t F3 References in the shaded area are for Lender's use only and do not limit the applicability of this document to an Any item above containing "•••" has been omitted due to text length limitations, y particular loan or item. Borrower: Robert E. Rlgnsy (SSN: 016-52-3767) 207 North 24th Street Camp Hill, PA 17011 Lender: COMMERCE BANK/HARRISBURG N.A. CAMP HILL 100 SENATE AVENUE CAMP HILL, PA 17011 (717) 972-2875 Principal Amount: 942,131.00 Interest Rate: 7.240% Date of Note: August 3, 2005 August 8, 2030 PROMISE TO PAY, 1 ("Borrower") promise to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender"), or order, in lawful money of the United States of America, the principal amount of Forty-two Thousand One Hundred Thirty-one & 001100 Dollars (!42,131.00), together with interest at the rate of 7.240% per annum on the unpaid principal balance from August 8, 2005, until paid In full, PAYMENT. I will pay this ban In 300 payments of $304.39 each payment. Y first payment is due September 8, 2005, and all subsequent payment are due on the same day of each month after that, My final payment win be due on August 8, 2030, and wipe be for all all accrued Interest not yet paid. Payment include principal and interest. Unless otherwise agreed or required b s be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to an letd charges. principal and this Note Is computed on a 366/365 simple Interest basis; that is, by applying Y pP?bb law, payment win yew. Note Is lied by the outstare Y Pplying the ratio of the annual Interest rate over the number of days In on a u Lender's address show?ngabrin io at such other place by the actual number of da s the place as Lender may designate in writing, principal balance is outstanding. I will pay at ove PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Earl by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, earl payments the principal balance due and may result in my making fewer payments. I agree not to send Lender payment payments will in full", "with uutt recourse", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under thi Not,Mand I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or ll other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK/HARRISBURG N.A., LOAN SERVICING, PO BOX 1195 CAMP HILL, PA 17011-1195. LATE CHARGE. If a payment is 15 days or more late, I will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the interest rate on this Note 2.000 percentage points. The interest rate will not exceed the maximum rata permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate provided for in this Note. DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. I fail to make an g Ppen. any payment when due under this Note, Break Other Promises, I break any promise made to Lender or fail to perform this Note or in any agreement related to this Note, or in any other agreement or loan I ha at w the Lender d strictly in the manner provided in Default in Favor of Third Parties. I or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of my Property or my ability to repay this Note or perform my obligations under this Note or any of the related documents. False Statement, Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of m for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. party; I make an assignment Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of m which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim andnfurnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, sure ty. or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the inde evidenced by . the event of a death, Lender, at its option, may, but shall not be required to, pe mit the guarantors estate tosassume unc ndit o'nallytthe lob! gations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Insecurity, Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if I, after receiving written notice from Lender demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Upon Lender may, after giving such baNDER S Rhis Note and all accrued unpaid interest immediately due, n and then I will pay that amount. on t Y applicable law, declare the entire unpaid principal EXHIBIT"'A" PROMISSORY NOTE Loan No: 400112323 (Continued) Page 2 ATTORNEYS FEES, EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future. However, this does not include any. IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. I acknowledge this Note is secured by Real Property located at 207 North 24th Street, Camp Hill, PA 17011. PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracylies) should be sent to us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING PO BOX 1195 CAMP HILL, PA 17011-1195. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE-PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE.. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X 4?. -?Sea1) o . Rigney LASER P140 V.. 3.27.0.006 OEM. Nrl..O 751..041 SabOm?, Me. 1337. 7003. All Myib Il000.v0i. -?A N:IWMMKIVWMACIMR\020.70 T1.lyN 77474 Parcel Identification Number: RECORDATION REQUESTED BY: COMMERCE BANK/HARRISBURG N.A. CAMP HILL, 100 SENATE AVENUE CAMP HILL, PA 17011 WHEN R ED MAIL TO: COM ERCE BAN ARRI RG N.A. N E ING 100 TE AVENUE CAMP HIL , A 17011 iJ Fl' ; 17 8il 1648 Amount Secured Hereby: $42,131.00 THIS MORTGAGE dated August 3, 2005, is made and executed between Robe whose address is. 207 North 24th Street, Camp Hill, PA 17011 (referred t Grantor) and COMMERCE BANK/HARRISBURG N.A., whose address Is 10 AVENUE, CAMP HILL, PA 17011 (referred to below as "Lender") C, Q (/-. rt E. Rigney, o below as 0 SENATE GRANT OF MORTGAGE. For valuable consideration, Grantor rants, bargains, s, convoys, . releases, confirms and mortgages to Lender all of Grantor's right, title, and interest inlsand to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relatin to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: Real property located at 207 North 24th Street, Camp Hill, Camp Hill Borough, Cumberland County, Pennsylvania, as recorded in deed book 247, page 525, in the Office of the Recorder of Deeds of Cumberland County, The Real Property or its address Is commonly known as 207 North 24th Street, Camp Hill, PA 17011. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and 13) collect the Rents from the Property. U{\ J i 1'4 v E%HIBIT "B" SEND TAX NOTICES TO: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE MORTGAGE Loan No: 400112323 (Continued) Page 2 Duty to Maintain. Grantor shall maintain the Property in good condition and promptly per all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. Grantor represents and warrants that the Property never has been, and never will be so long as this Mortgage remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Grantor hereby (1) releases and waives any future claims against Lender for, indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Mortgage. This obligation to indemnify shall survive the payment of the Indebtedness and the satisfaction of this Mortgage. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any partof the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three 13) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this (Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due and except as otherwise provided in this Mortgage. PROPERTY' DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard' extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Tax and Insurance Reserves. Upon request by Lender and subject to applicable law, Grantor shall pay to Lender each month on the day payments are due under the Note until the Note is paid in full, a sum ("Escrow Funds") equal to one-twelfth of (a) all annual taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property and (b) annual premiums for policies of fire insurance with all risks standard extended coverage required under this Mortgage ("Escrow Items"). Lender may estimate the amount of Escrow Funds on the basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by Lender and applied to pay the Escrow Items when due. Lender will not charge for holding and applying the Escrow Funds, analyzing the account, or verifying the Escrow Items, unless Lender pays Grantor interest on the Escrow Funds and applicable law permits Lender to make such a charge. Grantor and Lender may agree in writing that interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Grantor any interest or earnings on the Escrow Funds. The Escrow Funds are pledged as additional security for the amounts secured by this Mortgage. If the amount of the Escrow Funds held by Lender, together with the future monthly payments of Escrow Funds prior to the due dates of the Escrow Items, shall exceed the amount required to pay the Escrow Items when due, the excess shall be, at Grantor option, either promptly repaid to Grantor or credited to Grantor in scheduled payments MORTGAGE Loan No: 400112323 (Continued) Page 3 of Escrow Funds. If the amount of the Escrow Funds held by Lender is not sufficient to pay the Escrow Items when due, Grantor shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Lender's Expenditures. If Grantor fails (1) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (2) to provide any required insurance on the Property, (3) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (1) be payable on demand; (2) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (a) the term of any applicable insurance policy; or (b) the remaining term of the Note; or (3) be treated as a balloon payment which will be due and payable at the Note's maturity. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. Warranty; Defense of Title. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Thio. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. Existing Indebtedness. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lion. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness: Full Performance. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. Events of Default. At Lender's option, Grantor will be in default under this Mortgage if any of the following happen: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on the Property. MORTGAGE Loan No: 400112323 (Continued) Page 4 Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: la) cures the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Rights and Remedies on Default. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Judicial, Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Note.. The word "Note" means the promissory note dated August 3, 2005 in the original principal amount of $42,131.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. nu JA MORTGAGE Loan No. 400112323 (Continued) Page 5 Miscellaneous Provisions. The. following miscellaneous provisions are a part of this Mortgage: Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of low provisions. This Mortgage has been accepted by Lender M the Commonwealth of Pennsylvania. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. Definitions. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means Robert E. Rigney and includes all co-signers and co-makers signing the Note. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as emended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The word "Grantor" means Robert E. Rigney. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of.all or part of the Note. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of, and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender" means COMMERCE BANK/HARRISBURG N.A., its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated August 3, 2005, in the original principal amount of $42,131.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. 07 1 MORTGAGE Loan No: 400112323 (Continued) Page 6 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: y X .. (Seal) Robert E. Rigney. CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as follows: CAMP HILL, 100 SENATE AVENUE, CAMP HILL, PA 17011 r'1 n ? torney or gent fo rtgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF &h&AA" ) ) ([?? 0 thimthe , ?`d day of , 20 _ , before me IVIPe I/_ , AN the undersigned Nota Public, personally appeared RobsrtE. Rigney, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand a official se Notary Public in and for the State of "HA PRO L.nAnI. V.. 9.]].OO.aq Cop. HMwM ,Fr.c?? EuM,l.xr., Inc 1997, 7o . All PgPM1 A--. PA „'WINAPP9'iLYWIMCFl'.LPL'CA].9C M1l993 PP-14 ..:w ±w. Notarial Seal rG' '? A a? . Nicole M. Sanderson, Notary Public t?Mt:' ?L FIampden Twp Cumberland County l -: My Commission Fxpirrs Oct. 29 2006 4AV .L s Membcfr Pc-r r,,,y! inn 4^s??;e' ?nntNO!riries • i + t :.' Ito ?/ f S 1 Q 00 ,O t N fJ--.. H, ,CY' d? N l o ..,Qp ILi /P Nat=° ° V o OW 2 i w? ° $ ° .I go 0" -- o- u- Ln n, C3 C3 -e!...M..... o a ... o un c n c v aw x JIL ? a I 4 ?.J J W Co ?-6 zx? H Wxa x z° Q NU O c ? q - tD O r? a ri R d ? _ C C 0 = /y ry W a w o a o - 4141 q, ? ri F ONO W f- Q F 1r1 ? zuld N (Y z .J 01 o h ? H H U z C ' N m ti •ri. ry?r 4` •=•4 . a ?? ? W S•? fi i.`1 i a ? 9666 9696 0000 00S0l?9 z MIBIT "C" ROBERT E RIGNEY 207 NORTH 24TH ST CAMP HILL PA 17011 L December A 2008 Commerce e ACT Bank 6/91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on our home ' in default an the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works To see if HE MAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE O THIS NOTICE. Take this Notice with You when you meet with the Counseling Agency The name, address and phone number of Consumer Credit Counseling A encies serving your County are listed at the end of the Notice Ifyou have any auestions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hcarin can call 7171 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 IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTF.CA. Commerce Bank; Harrisburg, N.A PO Box 499! 3801 Paxton Stree Harrisburg, PA 17111-099! commercepc.con ROBERT E RIGNEY 207 NORTH 24TH ST CANIP HILL PA 17011 Property Address - 207 N 24TH ST,CAMP HILL,CUNIBERLAND CO Loan account number - 400112323 Original lender - Commerce Bank/Harrisburg, NA Current Lender/Servicer - Commerce Bank/Harrisburg, NA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSUR 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 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 to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend 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 THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGF ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE, PART OF THIS NOTICE CALLED "HOW TO CURF, YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR !MORTGAGE UP TO DATE. CONSUitiIER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date ol'this meeting. The names, addresses and telephone numbers of designated consumer k credit counseling agencies for the county in which the property is located are 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.) 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to the PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAPAPPLICATIONAS SOONAS POSSIBLE. IF YOU HAVEA MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARKDATE OF THIS NOTICEAND FILEAN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORA TIL Y PRE VENTED FROM STAR TINGA FORECLOSURE A GAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE': YOU HAVE THE RIGHT TO FILEA HEMAPAPPLICATION EVEN BEYOND THESE TIME PERIODS. A LA TE APPLICA TION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALL YAPPRO VED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 1S 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 Brin it u to date). NATURE OF THE DEFAULT-The,'v10RTGAGE debt held by the above lender on your property located at: 207 N 24TH ST,CAMP HILL,CUMBERLAND CO IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/8/08- $304.39, 11/8/08- $304.39 & late fees of $76:05. TOTAL AMOUNT PAST DUE: $ 684.83 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$ 684.83, 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 to Commerce Bank, Harrisburg N.A. 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 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 Mortge 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 property. 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 $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) DAY period, you will not be required to pay attorney's fees OTHER LENDER REINIEDIES-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 SALE-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 revent the sale at an time u to one hour before the Sheriff's Sale. You ma do so b paving the total amount then vast due plus any late or other charges _ then due. reasonable attorney's fc.es and costs connected with the foreclosure -1--p nd an other costs connected with the Sheriffs Sale ass ecified in writing b the lender and by verforming 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 six months from the date of this Notice. A notice of the actual date of he Sheriffs 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: Commerce Bank, Harrisburg N.A. Address: 3801 Paxton Street, P.O. Box 4999 Harrisburg, PA 17111-0999 Phone Number: (717) 412-6892 Fax Number: (717) 909-0589 Contact Person: Kelly Walton Consumer Collection Specialist EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs 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 time. ASSUMPTION OF MORTGAGE-You may or _X_may not 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. L L i. YOU MAY ALSO HAVE. THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF "CHIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE 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 MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 4 t i, CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY Adams County Interfaith Housing Authority (717) 334-1518 BE KS COUNTY American Credit Counseling Institute (888) 212-6741 Budget Counseling Center (610) 375-7866 CUMBERLAND COUNTY CCCS of Western PA (888) 511-2227 Maranatha (717) 762-3285 Community Action Commission (717) 232-9757 DAUPHIN COUNTY PHFA (717) 780-3940 Community Action Commission (717) 232-9757 FRANKLIN COUNTY Maranatha (717) 762-3285 LEBANON COUNTY Schuylkill Community Action (570) 622-1995 Tabor Community Service, Inc. (717) 397-5182 LANCASTER COUNTY Tabor Community Services, Inc (717) 397-5182 PERRY COUNTY Community Action Commission (717) 232-9757 CCCS of Western PA (888) 511-2227 Maranatha (717) 762-3285 YORK COUNTY Housing Alliance of York (717) 854-1541 Adams County Interfaith Housing Authority (717) 334-1518 •I VERIFICATION I, Terrence Monteverde, Vice President of Asset Recovery for Commerce Bank/Harrisburg N.A., acknowledge I have the authority to execute this Verification on behalf of Commerce Bank and certify the foregoing Complaint in Mortgage Foreclosure is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint in Mortgage Foreclosure is that of counsel and not my own. I have read the document and to the extent the Complaint in Mortgage Foreclosure is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint in Mortgage Foreclosure is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Commerce Bank/Harrisburg N.A. T e Mont de ice President of Asset Recovery F:\FILMC%mU\I 1412 Comma= Bmk\I 1412.9\11412.9.commpd ? N a 00 r? Sheriffs Office of Cumberland County Thomas Kline ?`?,t?, of 4,i,ut?rrtr??d Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFP+C me''FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/02/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: Robert E. Rigney, 207 North 24th Street, Camp Hill, Cumberland County, Pennsylvania, 17011 but was unable to servehim in his bailiwick he therefore returns the within Complaint as not served as to the defendant, Robert E. Rigney. Service was attempted fourteen times, lights were on, but defendant did not answer door. SHERIFF COST: $82.42 April 06, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Docket No. 2009-1467 Commerce Bank v Robert Rigney PE???=t-iuC OF ` E P'r'y T ''.r,?`!??1'APY WE 1009 APR -7 PM 3. 50 GLt??'? r 4rf? F:\F1LBS\C6ents\11412 Corm m, Bank\1 1412.9\1 1412.9.pr&rein Revised: 5/1/09 8:16AM 11412.8 Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff' COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT E. RIGNEY, Defendant TO THE PROTHONOTARY: : NO. 2009 - 1467 CIVIL IN MORTGAGE FORECLOSURE PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES By: stopher c D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: May 1, 2009 Attorneys for Plaintiff v Tk - t T APY 2099 HA y l i,f 9T /10. Q D p?`t #-- 12 A' a2ys-S9 Sheriffs Office of Cumberland County R Thomas Kline ???,?r of'uer, Edward L Schorpp Sheri Solicitor Ronny R Anderson -* Jody S Smith Chief Deputy OP!CE Or TIC SHERIPF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/12/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Robert Rigney, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Robert Rigney. Larry Decker, neighbor states that the defendant moved a couple of months ago. The Camp Hill Postmaster has adivsed the mail is delivered to the address given. An exact address is not available. - 1-n SHERIFF COST: $33.44 May 22, 2009 2009-1467 Commerce Bank VS Robert E. Rigney C? Q~ ?f- __ 3 F:\FILES\CGents\l 1412 Commerce Bank\t 1412.9\I 1412.9.pra.rein2 Revised: 6/23/09 5:42PM 11412.8 Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT E. RIGNEY, Defendant TO THE PROTHONOTARY: : NO. 2009 - 1467 CIVIL : IN MORTGAGE FORECLOSURE PRAECIPE Please reinstate the Complaint against ROBERT E. RIGNEY, with a new address of 605 Lavina Dr., Mechanicsburg, Pennsylvania 17055, in the above captioned action. MARTSON LAW OFFICES By: C opher E. Rice G . No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: June 24, 2009 Attorneys for Plaintiff ALl 20-99'J' '12 ??-7 l 0 o F:1FILES\CGents\11412 Commerce Bank\11412.9\11412.9.mot.service.pubGcation Created: 10/22/01 12:18:05 PM Revised: 07/01/09 02:13:15 PM Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1467 CIVIL TERM ROBERT E. RIGNEY, Defendant IN MORTGAGE FORECLOSURE MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT 1. A Complaint in this action was filed with the Cumberland County Prothonotary on March 9, 2009. A cause of action exists against Defendant, and Defendant is the necessary and proper party to the action. 2. The original Complaint in this action was delivered to the Sheriff of Cumberland County, Pennsylvania, for personal service thereof on Defendant. Beginning on April 2, 2009, and ending May 22, 2009, the Sheriff of Cumberland County attempted to serve the Complaint in Mortgage Foreclosure or reinstated Complaint on Defendant at least fifteen (15) different times, but returned a Sheriff's Return of Service stating that, while the lights were on, Defendant did not answer the door of his home. 3. On or about April 30, 2009, Plaintiffs counsel spoke via telephone with Defendant and Defendant has confirmed that he resides at the address given to the Sheriff and that Defendant is fully aware of Plaintiffs mortgage foreclosure action against him. 4. Despite having been informed of the present action and the Sheriff s many attempts to make service, Defendant continues to avoid personal service. 5. Upon information and belief, Defendant is intentionally avoiding personal service by the Sheriff. 6. The Sheriff contacted the postal authorities and confirmed that Defendant receives mail at the address given to the Sheriff. 7. Based on the results of a paid locator service, Plaintiff believes that Defendant may be temporarily residing with his parents, and on June 24, 2009, Plaintiff directed the Cumberland County Sheriff s Office to attempt service at Defendant's parents' residence. 8. Plaintiff has made a diligent good-faith effort to serve Defendant to no avail as is evidenced in the Affidavit accompanying this Motion. 9. It is the Plaintiffs contention that normal service under Rule 400(a) of the Pennsylvania Rules of Civil Procedure is not possible in this case. 10. Under the circumstances, Plaintiffhas conducted all necessary examinations to fulfill the good faith effort requirement of Rule 430. WHEREFORE, Plaintiff requests an order of this Honorable Court that service of the Complaint be made on Defendant by a competent adult or, in the alternative, if said service cannot be made by a competent adult after a good faith effort as determined by Plaintiff, then by Priority Mail with delivery confirmation. MARTSON LAW OFFICES By: C stopher E. Ric f, squire D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: 7- 1-01 This is a debt collecting firm. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT E. RIGNEY, Defendant NO. 09-1467 CIVIL TERM IN MORTGAGE FORECLOSURE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Jacob M. Theis, Esquire, being first duly sworn, deposes and says: 1. Affiant is the attorney for Plaintiff in the above-entitled action and is familiar with all of the facts and circumstances in this action. 2. This affidavit is in support of Plaintiffs' motion for an order directing service of the Complaint on Defendant by first class mail of the Complaint pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure. 3. This action was brought to foreclose on a Mortgage held by Plaintiff and against Defendant, with the mortgaged property being located at 207 North 24`h Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 4. A Complaint in this action was filed with the Cumberland County Prothonotary on March 9, 2009. A cause of action exists against Defendant and Defendant is the necessary and proper party to the action, as shown by the Complaint, a copy of which is attached as Exhibit "A" and made a part of this affidavit. 5. Defendant's residence is 207 North 24' Street, Camp Hill, Cumberland County, Pennsylvania, 17011, and by correspondence dated June 30, 2009, the local Post Master has confirmed that no change of address order has been filed. 6. The original Complaint in this action was delivered to the Sheriff of Cumberland County, Pennsylvania, (hereinafter, "the Sheriff') for personal service thereof on Defendant. On April 6, 2009, the Sheriff signed and returned a Sheriff's Return of Service stating that he was unable to serve Defendant by the expiration date despite having made fourteen (14) attempts, and noted that "the lights were on, but defendant did not answer door." A true and correct copy of said Sheriff's Return is attached hereto and incorporated herein as Exhibit "B." 7. On or about April 30, 2009, Defendant contacted the undersigned's office, stating that he was aware of the present action against him in mortgage foreclosure, and requested the docket number for the present action filed against him by Plaintiff. 8. On or about April 30, 2009, the undersigned returned Defendant's telephone call, and in speaking directly with Defendant, Defendant confirmed that his residential address had not changed. Defendant further represented that he would accept service as soon as he had met with an attorney shortly thereafter. 9. To date, Defendant has refused to accept certified mail sent to his residence. 10. As of the date of this affidavit, Defendant has not returned Plaintiff's calls nor has he otherwise informed Plaintiff if he has retained counsel. No attorney has entered an appearance in this matter on the behalf of Defendant. 11. The Complaint was reinstated and again the Cumberland County Sheriff received a copy of the Complaint to serve on May 1, 2009. On May 22, 2009, the Sheriff of Cumberland County signed and returned a Sheriffs Return of Service stating that the Defendant could not be served by the expiration date. Although the Sheriffs Return of Service stated that a neighbor of Defendant indicated that Defendant had possibly moved, the Post Master confirmed with the Sheriff that mail is still delivered to Defendant at the address given. A true and correct copy of said Sheriffs Return is attached hereto and incorporated herein as Exhibit "C." 12. Affiant has used a paid locator service, Accurint, which searches phone listings, voter registration records, tax records, driver's license records, possible relatives and additional information. 13. The Accurint search revealed that Defendant could possibly be residing with his parents at 605 Lavina Dr., Mechanicsburg, Pennsylvania 17055, despite Defendant's affirmation that he resides at 207 North 240' Street, Camp Hill, Cumberland County, Pennsylvania, 17011. Aside from this possibility, none of the information provided by Accurint has assisted in serving the Complaint on Defendant. 14. As of the date this affidavit was signed, the Cumberland County Sheriff s Office is attempting to serve Defendant at his parent's residence, being 605 Lavina Drive, Mechanicsburg, Pennsylvania 17055. 15. Plaintiff s counsel, in light of the Sheriff s inability to personally serve defendant, offered to make the Complaint available for Defendant to pickup at his convenience, but Defendant has refused. 16. Affiant believes that service upon Defendant personally cannot be had due to his consistent and intentional avoidance of personal service. 17. Affiant has made all attempts necessary under the circumstances to fulfill the good faith effort requirement of Pa.R.C.P. Rule 430. 18. Affiant has spoken directly with Defendant and Defendant is fully aware that the present Mortgage Foreclosure action has been filed against him yet he continues to avoid service. WHEREFORE, Affiant requests an order of this Honorable Court that service of the Complaint be made on Defendant by a competent adult or, in the alternative, if said service cannot be made by a competent adult after a good faith effort as determined by Plaintiff, then by Priority Mail with delivery confirmation. Jaffa eis, ire COMMONWEALTH OF PENNSYLVANIA Sworn to and subscribed before me Notarial seal this day of July, 2009. Sf?ly Brooks, Notary Public L Carlisle Boro, Cumberland Courtly i My Comrri?ssion Expires Aug. 5, 2009 o Member, Pennsylvania Association of Notaries C;,*',&, &kl I Notary blic EXHIBIT "A" J F:' F1LES1C1ients'.I 1412 Commerce Bank] 1412.9 11412.9.com.wpd Revised: 19,09 1:15PM 11412.9 Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 N ' p MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTS --+ ON LAW OFFICES rn M Ten East High Street Carlisle, PA 17013 (717) 243-3341 -"' - , Attorneys for Plaintiff ,,, ?. n :a COMMERCE BANK/HARRISBURG N.A .,: IN THE COURT OF COMMON PLEAS OFy Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09- 14(0'7 CIVIL TEAM ROBERT E. RIGNEY, ; Defendant IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: TRUE COPY FROM RECORDCumberland County Bar Association In Testimony whereof, I here unto set my hand 32 South Bedford Street and the seal of said Court at Carlisle, Pa. Carlisle, PA 17013 44 -? y Telephone (717) 249-3166 s ......?.1...(? . day of. ...., .................c?.?; .............. Q MARTSON LAW OFFICES 4 Rrofho ot, Dated: 77a.x,? 7, 2009 By: L- ? r Christopher E. Rice, Esquire Jacob M. Theis, Esquire Attorneys for Plaintiff NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents is the Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtor/Mortgagor, within thirty (30) days after receipt of this notice, disputes, in writing, the validity of the debt or some portion thereof. 4. If the Debtor/Mortgagor notifies the Creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Written request should be addressed to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL ROBERT E. RIGNEY, Defendant IN MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff, COMMERCE BANK/HARRISBURG N.A., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Commerce Bank/Harrisburg N.A., is a Pennsylvania Banking Corporation with a principal place of business at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. Defendant, Robert E. Rigney, is an adult individual residing at 207 North 24" Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Defendant is the owner of the Real Property (hereinafter defined) as set forth in Deed Book 247, Page 525, which is subject to the Mortgage described below. 4. On August 3, 2005, Defendant, in consideration ofhis indebtedness to Plaintiff in the amount of Forty-two Thousand, One Hundred and Thirty-one Dollars ($42,131.00), made, executed and delivered to Plaintiff a Promissory Note in favor of Plaintiff, in the amount of Forty-two Thousand, One Hundred and Thirty-one Dollars ($42,131.00) (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A." 5. As security for the performance of his obligations under the Note, Defendant, as Mortgagor, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real Property (the "Mortgage"), which Mortgage is recorded in the Office of Recorder of Deeds of Cumberland County in Mortgage Book 1919, Page 609. A true and correct copy of the Mortgage is attached hereto as Exhibit "B." 6. The Real Property subject to the Mortgage is known as and numbered 207 North 24`h Street, Camp Hill, Cumberland County, Pennsylvania, 17011, and is more particularly described in the legal description included in the Mortgage. 7. The Mortgage has not been assigned. 8. Defendant, as terre-tenant, is the real owner of the Real Property and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 9. Beginning with the payment due on November 8, 2008, for the Note, Defendant has failed to pay Plaintiff the payments due and the accrued late fees as demanded. 10. Pursuant to the terms of the Note, Plaintiffhas made demand for payment of all sums due and owing thereunder, but payment in full, which includes arrearages, has been refused. 11. As authorized under the Notes and/or Mortgage, the loan obligations to Plaintiff from the Defendant have been accelerated. 12. As of February 16, 2009, Defendant now owes $40,000.98, plus interests, fees, and costs, as follows: Principal Balance for Note: $40,000.98 Interest $1,284.01 Late Payment Charges: $106.47 Court Costs and Fees (estimated) $750.00 Attorney's Fees (estimated): $4,000.98 TOTAL: $46,142.44* *Plus interest accruing at $7.93 per day from February 16, 2009, until the debt is paid in full: $ , 13. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and Attorney Fees listed above should additional services be requested and/or costs/charges/fees be incurred as a result of the collection of the money owed and foreclosure of the Real Property. 14. As of February 16, 2009, the amount due and owing from Defendant under the Note is the amount of $46,142.44, plus interest from February 16, 2009, at the rate of $7.93 per day until the debt is paid in full. 15. The Mortgage attached as Exhibit "B" is a residential mortgage under the provisions of the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. § 101, et seq., as amended. 16. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c) (collectively, the "Notice"), Plaintiff sent a notice of intention to foreclose mortgage and of the mortgage assistance program dated December 8, 2008, to Defendant by certified mail, return receipt requested. A true and correct copy of the Notice and Certified Mail Receipt is attached hereto, made a part hereof and marked as Exhibit "C." 17. Defendant has failed to completely cure the default and failed to meet the time limitations specified in the Notice. WHEREFORE, Plaintiff demands judgment against Defendant under the Note in the amount of $46,142.44, plus interest from February 16, 2009, at the rate of $7.93 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter. MARTSON LAW OFFICES By: 2Z4 <- Date: "d / 2009 Christopher E. Rice I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff EXHIBIT "B" Apr. 30. 2009 10: 05AM No. 7704 P. 2/2 Sheriffs Office of Cumberland County R Thomas Kline 0111! of 01106, 'tt Edward L Schorpp Sheriff ?' .' Qa Solicitor Ronny R Anderson t Jody S Smith Chief De" W49rR QFT.Nz WERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/0212009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: Robert E. Rigney, 207 North 24th Street, Camp Hill, Cumberland County, Pennsylvania, 17011 but was unable to servehim in his bailiwick he therefore returns the within Complaint as not served as to the defendant, Robert E. Rigney. Service was attempted fourteen times, lights were on, but defendant did not answer door. SHERIFF COST: $82.42 April 06, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Locket No. 2009-1467 amizerce Bank v Pbbert Rigney EXHIBIT "C" Sheriffs Office of Cumberland County R T omas K-, V,tp at cumbpr?ry? Edward L Schorpp S r * L Solicitor ? 1. Ronny R Anderson ='w Jody S Smith Chief Deputy OFFIee OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/12/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Robert Rigney, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Robert Rigney. Larry Decker, neighbor states that the defendant moved a couple of months ago. The Camp Hill Postmaster has adivsed the mail is delivered to the address given. An exact address is not available. 1-71 SHERIFF COST: $33.44 May 22, 2009 2009-1467 Commerce Bank VS Robert E. Rigney OF ?1I`- P'^'r?-)"'0'TARY 2004 JUL -1 PH 3: 4 3 (/`'' 6 :A 1 I?' PE; F:+1LES\CGents\11412 Commerce Bank\11412.9\I 1412 O.amend.mot.service Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1467 CIVIL TERM ROBERT E. RIGNEY, ; Defendant IN MORTGAGE FORECLOSURE AMENDMENT TO PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT AND NOW comes Plaintiff, Commerce Bank/Harrisburg N.A., amending its Motion for Service Pursuant to Special Order of Court as follows: 1. No judge has been assigned to this case, nor has any judge made a prior ruling in this case. 2. As this is an ex parte motion to serve Defendant by special means, Defendant does not concur in this motion. WHEREFORE, Plaintiff requests an order of this Honorable Court that service of the Complaint be made on Defendant by a competent adult or, in the alternative, if said service cannot be made by a competent adult after a good faith effort as determined by Plaintiff, then by Priority Mail with delivery confirmation. MARTSON LAW OFFICES By:_ / Date: 7- G -- c )g stopher. Rice,.'? D. No. 90916 0 Jacob M. Theis, Esquire I.D. No. 208631 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FILELI'J iGE OF 'ME 2009 JUL -6 ? ! 1 1 o-YLVPNIA PE r?' Sheriffs Office of Cumberland County R Thomas Kline I-11111ve Sher Ronny R Anderson Jody S Smith Chief Deputy 4?MU of THE S"=RIFF Civil Process Sergeant Commerce Bank Case Number vs. 2009-1467 Robert E. Rigney SHERIFF'S RETURN OF SERVICE 06/30/2009 08:53 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2009 at 2053 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert E. Rigney, by making known unto Amy Rigney, mother of defendant at 206 Greenwich Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.44 July 01, 2009 SO ANSWERS, At. -.l a E R THOMAS KLINE, SHERIFF Deputy Sheriff c-) a ;FT ?^ ? f "T , COMMERCE BANK/ IN THE COURT OF COMMON PLEAS OF HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW ROBERT E. RIGNEY, Defendant NO. 09-1467 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of July, 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, the motion is granted to the extent that service of original process in this case may be made (a) personally by a competent adult OR (b) by regular and certified mail, return receipt requested, addressed to Defendant at the mortgaged premises, said means of service to be deemed complete upon mailing, posting of the premises, and publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County. Service under (b) must include all of the forms listed. PROOF OF SERVICE shall be filed by Plaintiff's counsel. BY THE COURT, )-tP, esley Oler, r., J. ChristoPher E. Rice Esq. Jacob M. Theis, Esq. Ten East High Street Carlisle, PA 17013 Attorneys for Plaintiff Cry ,r,12 L Lam(, 7/g/? i LEf:.: , OF THE P 2099 JUL --8 Pi'l 2,15 1 tFi RTILES?Cliems\11412 Commerce Bank\ 11412.9\ 1 1412.0. amend.mot.service Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 51 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 .:? e- te Attorneys for Plaintiff , r COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY , PENNSYLVANIA V. NO. 09-1467 CIVIL TERM ROBERT E. RIGNEY, Defendant IN MORTGAGE FORECLOSURE AMENDMENT TO PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT AND NOW comes Plaintiff, Commerce Bank/Harrisburg N.A., amending its Motion for Service Pursuant to Special Order of Court as follows: 1. No judge has been assigned to this case, nor has any judge made a prior ruling in this case. 2. As this is an ex parte motion to serve Defendant by special means, Defendant does not concur in this motion. WHEREFORE, Plaintiff requests an order of this Honorable Court that service of the Complaint be made on Defendant by a competent adult or, in the alternative, if said service cannot be made by a competent adult after a good faith effort as determined by Plaintiff, then by Priority Mail with delivery confirmation. MARTSON LAW OFFICES By: Date: 7 (, - 09 'Fiffistopherl. Rice, JFsc I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Page 1 of 1 Failor, Tricia From: Failor, Tricia Sent: Monday, July 06, 2009 9:26 AM To: 'crice@martsonlaw.com' Subject: Failure to Comply with Local Rule 208.3 - AMENDMENT REQUIRED RE: Failure to Comply with Cumberland County Local Rule 208.3(a) Motion for Service Pursuant to Special Order of Court (2009-1467 Commerce Bank/Harrisburg N.A. v. Robert E. Rigney) Dear Mr. Rice, Please note that due to your failure to comply with Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), your motion will be held in the Court Administrator's Office until an amendment containing the missing information is filed in the Prothonotary's Office. If after two notices no amendment has been filed, your motion will be sent back to the Prothonotary's office and placed in the file and no further action will be taken. Rule 208.3(a). Motions. (2) The motion shall state whether or not a Judge has ruled upon any other issue in the same or related matter, and, ifso, shall specify the judge and the issue. (9) All motions and petitions shall contain a paragraph indicating that the concurrence of any opposing counsel of record was sought and the response of said counsel; provided, that this requirement shall not apply to preliminary objections, motions for judgment on the pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post-trial relief. Please note that you do not need to file an additional proposed order or provide additional envelopes for service. Your amendment will be attached to the original motion. Please feel free to contact me if you have any questions or concerns regarding this matter. Sincerely, Trish Failor Administrative Coordinator 7/6/2009 COMMERCE BANKIHARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09 - 1467 CIVIL TERM ROBERT E. RIGNEY, Defendant : IN MORTGAGE FORECLOSURE Please enter my appearance for the Defendant in the above. Date: 9 - . Geoffrey M.Biringer 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 fat ? ? 2G19 ?l?!` i ?, ?=','i ?,? ._ COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT E. RIGNEY, NO. 09 - 1467 CIVIL TERM Defendant : IN MORTGAGE FORECLOSURE DEFENDANT'S PRELIMINARY OBJECTION SUBJECT MATTER JURISDICTION PURSUANT TO PA.R.C.P.NO.1028(a)(1) Defendant preliminarily objects to Plaintiff's Complaint and alleges as follows: 1. Plaintiff filed its Complaint in foreclosure on March 9, 2009, containing an Act 6/91 Notice dated December8, 2008. 2. Defendant was never served with this Complaint. 3. Plaintiff reinstated its Complaint on June 24, 2009 and attempted service on Defendant's mother on June 30`", 2009. 4. Plaintiff obtained an Order from this Court, per the Honorable Judge J. Wesley Oler, Jr. on July 7, 2009, authorizing special service. 5. No record of service per this special Order of Court appears on the docket as of the date of this objection. 6. Prior to reinstating the complaint on June 24, 2009, Plaintiff failed to de- accelerate it claim for arrears and issue a new Act 6/Act 91 Notice pursuant to the Acts of 41 P.S. §403 and 35 P.S. § 1680.403(c) respectively, as is required by law. 7. The de-acceleration of the claim and the issuance of proper and timely notices, are jurisdictional prerequisites to the filing of a complaint in mortgage foreclosure. )IMF WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed and that Plaintiff be required to de-accelerate its demand for foreclosure and issue an Act6/Act 91 Notice to Defendant before proceeding further. Date: MIDPENN LEGAL SERVICES BY: eoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Defendant's Preliminary Objection on this 14th day of July, 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 By: IL . / ` Ge ffrey M. Biringer i Te Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 FI_` _ .n -, t ?q n .l.1 L:=;?.1I - d i+ P r11 _ : CAL COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT E. RIGNEY, Defendant PRAECIPE NO. 09 - 1467 CIVIL TERM IN MORTGAGE FORECLOSURE Please mark the Defendant's Preliminary Objections in the above captioned case as "withdrawn." Date: 1/, Z ~ ~a Geoffrey M. Biringer 401 E. Louther Street Carlisle,PA 17013 (717)243-9400 Supreme Court ID#18040 .. E"k,. i .r~~a.:_ _. _ ~ ~ t ~~