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Home My WebLink About01-1203MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.. Plaintiff vs. ROBERT E. RIGNEY AND WENDY L. RIGNEY Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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 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 agairmt 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 AVISO 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 AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O 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 PARTICIPACION. 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 1MPORTANTES. 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. RIGNEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC., Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. RIGNEY, Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner of legal title to the Mortgage subject tot he Mortgage to this action and nominee for Fleet Mortgage Corp., which is the owenr of the entire beneficial interest in the Mortgage, with an address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WI 53201. Defendant, is ROBERT E. RIGNEY whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PA 17011. Defendant is WENDY L. RIGNEY whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PA 17011. 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. 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. 5. The land subject to the Mortgage is: 207 NORTH 24TH STREET, CAMP HILL, PA 17011 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on September 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $17.65 per day from 08/01/2000 To 03/01/2001 ( based on contract rate of 8.5000%) Accumulated Late Charges Late Charges at $30.75 Per month for 7 months Escrow Credit Attorney's Fee at 5% of Principal Balance $75,807.41 $3,741.80 $30.75 $215.25 $129.13 $3,790.37 $83,456.45 **Together with interest at the per diem rate noted above after March 1, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction.. 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 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. Plaintiffhas complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5~3 ($17.65 per diem), together with other charges and advances incidental thereto to t~'/date of Sheriff's Sale and for foreclosure and sale of costs including escrow the property within described. ,.--'"'/,,4 By:. Y// PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) 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. l I. Plaintiffhas comphed ~vith thte procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5% ($17.65 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: ~ ~-E PU R Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) BEGINNING at a point OS the eastern line of 7~enty-fourth Street (formerly Park Avenue), sa£d poin~ being fifty (50) feet measured northwardly along Twenty-fourth Street from the northeast corner of T~enty-~ourth and Logan Streets; thence in an easterly direction along tile northern line of land, now Or late, of John D. Weaver, one hundred and forty {140} feet, more or ]~ss to Low Alley; thence in a northerly direction along the western line of Low Alley fifty (50) fe~t to th~ souther~ line of land, now or late, of charles T. Enwman~ thence in a westerly direction along said last mentioned llne one hundred and forty (140) feet, ,~re or less, to Twenty-£ourth Street; thence i~ a southerly direction along the eastern line of Twenty-fourth BEING Lots Ncc. 26, 2~ and the northern ten {10) feet of Lot NO. 25, as shown on plan hAVING thereon erected a two and one-half story frame dwelling houuu and frame garage, known as No. 207 North 24th Street, camp [~ill. BEING T~IE SAME PREMISES which Alexander Put,lam sprague, Executor o£ the Eutatu of Clarence Bartlett Sprague, a/k/a C. Bartlett spra~lle, deceased, by D~ed bearing date the 28th day of February, 194, and recorded in the office of the Recorder of Deeds for cumberland Coun=y, Penn~ylvallia, on the 7th of March, 1994, il% Deed Book 102, Page 397, granted end conveyed unto Robert E. Rigney and Weedy L. n~gney, huubaiid aud ..... ~,~ud,HALLER 717 2~ 1206 P.07/07 COMPANY NAME: FLEET MORTGAGE CORP, VERIFICATION verify that the statements made Ln the foregoing Comphiat are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ;ction 4904 relating to unswom falsification to authorities. ,ted 01-24-01 By Title ~~O~LANDO VICi~ PRESIDENT TOTAL P,O? SHERIFF'S CASE NO: 2001-01203 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RIGNEY ROBERT E ET AL RETURN - REGULAR RICHARD SMITH Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE RIGNEY ROBERT E DEFENDANT , at 0017:15 HOURS, on the at 207 NORTH 24TH STREET CAMP HILL, PA 17011 ROBERT RIGNEY a true and attested copy of COMPLAINT - NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 5th day of March 2001 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this ~?~ day of ~ ,~ ~ A.D. R. Thomas Kline 03/06/2001 ./% By ~e~u~t ~ ~S~h~e ri f f SHERIFFIS RETURN - NOT FOUND CASE NO: 2001-01203 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RIGNEY ROBERT E ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT RIGNEY WENDY L unable to locate Her COMPLAINT - MORT FORE NOTICE ,Sheriff or Deputy Sheriff, who being search and in his bailiwick. but was He therefore returns the the within named DEFENDANT , RIGNEY WENDY L DEFT. NO LONGER RESIDES AT ADDRESS STATED, RETURN NOT FOUND AS PER STACEY 3/6/01. NOT FOUND as to Sheriff's Costs: Docketing 6.00 Not Found Return 5.00 Affidavit .00 Surcharge 10.00 .00 21.00 So answers: R. Thomas Kline Sheriff of Cumberland County PURCELL, KRUG & HALLER 03/06/2001 Sworn and subscribed to before me this .~ ~ day of~ ~/ A.D. etary MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.. Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. RIGNEY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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 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 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSA1LIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O 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 ILEPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. 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 DE1LECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO LMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 TRUE COPY FRO RECORD in Tel~tJllte~ ,~/flefl~, I here unto sat m~/~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC., Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. RIGNEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. RIGNEY, Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner of legal title to the Mortgage subject tot he Mortgage to this action and nominee for Fleet Mortgage Corp., which is the owenr of the entire beneficial interest in the Mortgage, with an address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WI 53201. Defendant, is ROBERT E. RIGNEY whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PA 17011. Defendant is WENDY L. RIGNEY whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PA 17011. 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 Plaintiffand is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiffalso avers that the within mortgage foreclosure complaint is based upon the mortgage and that the attachment ora copy of the Note is unnecessary pursuant tot Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. 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. 5. The land subject to the Mortgage is: 207 NORTH 24TH STREET, CAMP HILL, PA 1701l and is more particularly described iu Exhibit "A" attached hereto. ?the said Defendants are the real owners of hhe property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on September 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PPdNCIPAL BALANCE Interest at $17,65 per day from 08/01/2000 To 03/01/2001 ( based on contract rate of 8.5000%) Accumulated Late Charges $75,807,41 $3,741.80 $30.75 Late Charges at $30,75 Per month for 7 months $215.25 Escrow Credit $129.13 Attorney's Fee at 5% of Principal Balance $3,790.3'; 4 ~ $83, 56A **Together with interest at the per diem rate noted above after March 1, 2001 and other charg~ costs to date of SheriWs Sale. The attorney's fees set forth above are in conformity with the Mortgage documents ar Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's Sa Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are ar incurred by Plaintiff, 8, No judgement has been entered upon said Mortgage in any jurisdiction., 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania 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 mnended. 11. Plaintiffhas complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5°.~ ($17.65 per diem), together with other charges and costs including escrow advances incidental thereto to t~date of Sheriff's Sale and for foreclosure and sale of the property within described. ~/~ By: // /~ PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with thte procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pem~sylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5% ($17.65 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described.By: PU ER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) BEGINNING at a point on the eastern line of Twenty-fourth street (formerly Park Avenue), said point being fifty (50) feet measured northwardly along Twenty-fourth ~IAVfNG thereon erected a two and one-half story frame dwelling bou'~ and frame garage, known as NO. 207 North 24th Street, camp [Jill. COMPANY NAME: FLEET MORTGAGE COF~, VERIFICATION I verify that the statements made in the foregoing Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated 01-24-01 Title v~c~ PRESIDEhlT TOTRL P,O? MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC.. Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. PdGNEY Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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 b,venty (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 AVISO 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 AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O 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 PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOT1FICARIO, 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. CUlVl]BERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 TRUE,COpy FROM RECORD MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC., Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. RIGNEY, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE : 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 Plaintiffand mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. RIGNEY, Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaimiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner of legal title to the Mortgage subject tot he Mortgage to this action and nominee for Fleet Mortgage Corp., which is the owenr of the entire beneficial interest in the Mortgage, with an address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WI 53201. Defendant, is ROBERT E. RIGNEY whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PA 17011. Defendant is WENDY L. RIGNEY whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PA 17011. 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 ora copy of the Note is unnecessary pursuant tot Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. 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. 5. The land subject to the Mortgage is: 207 NORTH 24TH STREET, CAMP HILL, PA 17011 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on September 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $17.65 per day from 08/01/2000 To 03/01/2001 ( based on contract rate of 8.5000%) Accumulated Late Charges Late Charges at $30.75 Per month for 7 months Escrow Credit Attorney's Fee at 5% of Principal Balance $75,807.4l $3,741.80 $30.75 $215.25 $129.13 $3,790.37 $83,456.45 **Together with interest at the per diem rate noted above after March 1, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction.. 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5°./0 ($17.65 per diem), together with other charges and advances incidental thereto to t~date of Sheriff's Sale and for foreclosure and sale of costs including escrow the property within described. PURCELL, KRUG & ItALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. ii 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with thte procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5% ($17.65 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. _~J By: PUI~CELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) BEGINNING at a point on the eastern line of Twenty-fourth street (formerly Park AVenue}, enid point being fifty (50} feet slea~ured northwnrdly along Twenty-~eurth Street from the northeast corner of ~enty-fourth and Logan streets; thence in an easterly direction along the northern line of laod, Ilow or late, of John D. Weaver, oils hundred and forty (140) feet, more or ]ess to Low Alley; thence in a northerly direction along the western line of Low A1].ey fifty (5~) feet to the souther~l line of land, now or late, of Charles T. Bowman; tlleuc~ in a westerly direction along aald last mentioned line one I~undred and forty (~40} feet, more or lass, to 'l~eRty-fourth Street; thence in a southerly direction alo[~g tile eastern line of Twenty-fourth BEING Lots No~. 26, 27 and the northern ten (10) feet O~ Lot NO. 25, as show;I on plan I~AVING thereon erected a two and one-half story frame dwellimg huu,Ju and frame garage, known aa NO. 2~? North 24th street, camp fllll. 1~N-~0-2001 09:1] PURCELL,KRtJ~H~LLER r-~ ~ ~.~o r.~,'or COMPANY NAME: FLEET MORTGAGE CORP. VERIFICATION verify that the statements made in the foregoing Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S_ Section 4904 relating to unswom falsification to authorities. Dated Ol-24-Ol ~ K~ ORLANDO Title vic~ PRESIDENT ?OT~L P.07 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. ROBERT Eo RIGNEY AND WENDY L. RIGNEY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - No.01-1203 IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Kindly settle and discontinue, above matter of record. without prejudice, the PURCELL, BY: KRUG & HALLER Leon ~ I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 (Attorney for Plaintiff) DATE: May 31, 2001