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Home My WebLink About01-3337MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.. Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. RIGNEY Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~,~,~ 7 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 wamed 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 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 LMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO 1MMEDIATEAMENTE. 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. Plaintiffis 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, De~ndants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC., 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, WISCONSIN 53201. Defendant, ROBERT E. RIGNEY, is an adult individual, whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PENNSYLVANIA 17011. Defendant, WENDY L. RIGNEY, is an adult individual, whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PENNSYLVANIA 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. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and will be sent for recording. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 207 NORTH 24TH STREET, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on February 1,2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $17.56 per day From 01/01/01 To 06/01/2001 ( based on contract rate of 8.500%) Accumulated Late Charges Late Charges at $39.88 Per month for 6 months Escrow Deficit Attorney's Fee at 5% of Principal Balance $75,411.04 $2,651.56 $30.75 $239.28 $797.74 $3,770.55 $82,900.92 **Together with interest at the per diem rate noted above after June 1, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be 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 8.500% ($17.65 per diem), together with other charges and costs including escrow advances incidental thereto to the date of/Sh~ff's Sale and for foreclosure and sale of the property within described. PURCELL, ~JG & ItALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ALL that certain piece or parcel of land situate in the Borough of Camp Bill, County of cumber]and, and State of Penn~ylvania, morn particulary bouBded and described ao follows, to wit: BEGINNING at a point on the eastern line of ~enty-fourth Street {formerly Park Avenue), ~aid point being fifty (50) feet measured northwardly along Twenty-fourth one hul~dred and forty {140) feet, more or le~s to Low Alley; thence in a northerly direction along the western line of Low Alley fifty (50) feet'to th~ southern line of iand, ~ow or late, of Charles T. Bowman; thence iR a westerly direction alun9 said BEING Lots Nee. 26, 27 add the northern te~ (]0) feet of Lot NO. 25, as shown on plan of lot~ laid out by S. C. Zacharias in the Borough of Camp Dill, sa~d plan being recorded in the Cumberland County Re¢ord~r's Office in Plan Book 1, Page 1. BAVING thereon erected a two and one-half story frame dwelling hou'Je and frame garage, known as No. 207 North 24t]1 Street, camp Ilill. the 28th day of February, 194, and recorded iii the office of the Recorder of Deeds COMPANY NAME: VERIFICATION 1 verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S Section 4904 relating to unswom falsification to authorities. Dated my 31, 2001 KAREN/rORLANDO Title wcE PRESIDE]bIT Z :'( -I: SHERIFF'S RETURN - CASE NO: 2001-03337 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS RIGNEY ROBERT E ET AL REGULAR DAWN KELL , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE RIGNEY ROBERT E DEFENDANT at 207 N 24TH ST CAMP HILL, PA 17011 ROBERT E. 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 7th day of June at 0018:38 HOURS, on the 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 9.130 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this 2[~-~ day of ~/ A.D. tp~othonot ary So Answers: R. Thomas Kline os/os/ ool PURCELL, KRUG & HALLER Deputy Sheriff SHERIFF'S RETURN CASE NO: 2001-03337 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND MORTGAGE ELECTRONIC REGISTRAT VS RIGNEY ROBERT E ET AL Thomas Kline Ro duly sworn according inquiry for the within named defendant, RIGNEY WENDY L unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , NOTICE to law, says, that he made a diligent DEFENDANT ,Sheriff or Deputy Sheriff, who being search and the within named DEFENDANT but was He therefore returns the , RIGNEY WENDY L , NOT FOUND , as to DEFT. IS NO LONGER RESIDING AT ADDRESS STATED ROBERT STATES THAT SHE IS IN CANADA, RETURN NOT FOUND AS PER KAREN, 6/8/01 Sheriff's Costs: Docketing 6.00 Not Found Return 5.00 Affidavit .00 Surcharge 10.00 .00 21.00 Coun PUR & HALLER 06/g'8/2001 Sworn and subscribed to before me this ~ ~ ~ day of ,,2 ¢,/ A.D. tary MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.. Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. RIGNEY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -~2.~ 7 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. 1F 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. RECLrERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIIeICARIO, DEC1DIR 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 PERI)ER DINERO, PROPIEDAD U OTROS DERECHOS LMPORTANTES. 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 IRUE COPY FROM RECORD in Testimony wl'~er~of, I here unto s~t ff~/~ and the s~l ot sa~d C~fl ~ ~. ~ 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 IN 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, WISCONSIN 53201. Defendant, ROBERT E. RIGNEY, is an adult individual, whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PENNSYLVANIA 17011. Defendant, WENDY L. RIGNEY, is an adult individual, whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PENNSYLVANIA 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. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. and will be sent for recording. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 207 NORTH 24TH STREET, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on February 1, 2001 and all subsequent installments thereon, and the following mounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $75,411.04 Interest at $17.56 per day From 01/01/01 To 06/01/2001 ( based on contract rate of 8.500%) $2,651.56 Accumulated Late Charges $30.75 Late Charges at $39.88 Per month for 6 months $239.28 Escrow Deficit $797.74 Attorney's Fee at 5% of Principal Balance $3,770.55 $82,900.92 **Together with interest at the per diem rate noted above after June 1, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction.. 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.500% ($17.65 per diem), together with other charges and costs including escrow advances incidental thereto to the date of/Shelf's Sale and for foreclosure and sale of the property within described/~ ' PURCELL, ~qJG &'HALLER Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) COMPANY NAME: ~ac~c~ ~:tmm~ ~a~ra~ s'csm*s, ~c. ~ VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. FLEET MORTGAGE CORP. VS. ROBERT E. RIGNEY WENDY L. RIGNEY Plaintiff Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-3337 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: September 17, 2001 PURCELL, KRUG, & HALLER 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 SHERIFF'S RETURN CASE NO: 2001-03337 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTR3tT VS RIGNEY ROBERT E ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT RIGNEY WENDY L but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, - MORT FORE He therefore Pennsylvania, to On October 2nd , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 29.25 .00 66.25 10/02/2001 Sheriff of Cumberland County PURCELL KRUG & HALLER Sworn and subscribed to before me this g~'~ day of ~-~, A.D. Prothonotary Ma~y Jane Snyder Real Estate Dqx~ty William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 £ax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania : County of Dauphin : RIGNEY WENDY L Sheriff's Return MORTGAGE ELECTRONIC REGISTRATION v$ No. 2728-T - -2001 OTHER COUNTY NO. 01-3337 Sheriff of the County of Dauphin, State of that I made diligent I, Jack Lotwick, Pennsylvania, do hereby certify and return, search and inquiry for RIGNEY WENDY L the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, September 27, 2001 DEFENDANT MOVED TO 74 LEGACY DRIVE, MARKHAM, ONTARIO CANADA L354B5 PER HER EX-HUSBAND WHO LIVES AT 2959 GREEN ST., HBG., PA 17110 Sworn and subscribed to before me this 27TH day of SEPTEMBER, 2001 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $29.25 PD 09/27/2001 RCPT NO 154611 In The Court of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems, Inc. Robert E. Rigney et al SERVE: Wendy L. Rigney No. 01 3337 civil How, September 20, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Daupi~in County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Now, within upon at by handing to a and made known to Affidavit of Service ,20 , at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20__ Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.. Plaintiff VS. ROBERT E. RIGNEY AND WEN-DY L. RIGNEY Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ",~3J '7' 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 Tm~ 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 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 PUN'TO 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 PARTIC1PACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO.. DEC1DIR 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 LMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO 1MMEDIATEAMENTE. 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 Ir'ROM RE(:X)RO In Testimooy whereof, I here unto set my blind 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. Plaintiffis 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 Pla'mtiff 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 IN 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, WISCONSIN 53201. Defendant, ROBERT E. RIGNEY, is an adult individual, whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PENNSYLVANIA 17011. Defendant, WENDY L. RIGNEY, is an adult individual, whose last known address is 207 NORTH 24TH STREET, CAMP HILL, PENNSYLVANIA 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. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. and will be sent for recording. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 207 NORTH 24TH STREET, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on February 1, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $17.56 per day From 01/01/01 To 06/01/2001 ( based on contract rate of 8.500%) Accumulated Late Charges Late Charges at $39.88 Per month for 6 months Escrow Deficit Attorney's Fee at 5% of Principal Balance $75,411.04 $2,651.56 $30.75 $239.28 $797.74 $3,770.55 $82,900.92 **Together with interest at the per diem rate noted above after June 1, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Permsylvania law, and will be collected in the event ora 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 thne limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WI-IEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.500% ($17.65 per diem), together with other charges and eo~ o and for foreclosure and sale of costs including escrow advances incidental thereto to the dat ff's Sale the pr°perty within deScribed' By: - ~~~ ~ '~ PURCELL~ ~JG & lCIALLER Leon P. Haller, Esquir- - ' e Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) BEGINNING at a point on the easterm line of Twenty-fourth street {formerly Park Avenue), said ~oint being fifty (50) feet measured northwardly along Twenty-fourth one buztdred and forty (140) feet, more or ]ess to Low Alley; thence in a nortlterly direction along the weBtern line of Low Alley fifty (50) feeL'to thm souLhern line of iand, now or late, of Charles T. Bowman; thence Ih a westerly direction aloBg said last mentioned line one hundred aBd forty (1¢0) feet, more or less, to Twenty-fourth BEING LOtS NOS. 2G, 27 and the Bortheru ten (10) feet of Lot No, 25, as ~how~ on pla~ liAVING thereon erected a two and o~e~half ~[ory frame dwellil~g houuo and frame garage, known as No. 2~7 North 24th street, camp ~lll. ,, :.**. ~! Pennsylvania } '..,r/ol Cumberland SS · *':d ~{J in the office ~or the recording of Dem~ ~%1~ Doc,~q I, Vo~ PaOe~/ ~ . COMPANY NAME: ~c,x~ ~ ~-:arrar: m_asmt~rN stumps, ~axc. m,m VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S Section 4904 relating to unsworn falsification to authorities. Dated M~ 31, 2001 KAREN/ORLANDO Title v~cE PRESIDENT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. ROBERT E. PLAINTIFF RIGNEY AND WEN]DY L. RIGNEY DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-3337 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: P RA E C I P E Kindly Settle and Discontinue the above matter of record. PURCELL, KRUG & HALLER Leon P. Haller ID~#15700 Attorney for P~,~tiff Purcell, Krug a Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: November 13, 2001