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HomeMy WebLinkAbout01-5549IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK, successor in interest To PENNSYLVANIA NATIONAL BANK Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. WICKARD A/K/A WENDY L. RIGNEY Defendants CERTIFICATE OF ADDRESS: 207 NORTH 24TM STREET BOROUGH OF CAMP HILL PARCEL NO. #01-21-0271-085 No. 01-55-qq COMPLAINT 1N MORTGAGE FORECLOSURE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD FOR THIS PARTY: LORI A. GIBSON, ESQ. PA I.D. #68013 JON A. MCKECHNIE, ESQ. PA I.D. #36268 Bemstein Law Firm, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 BERNSTEIN FILE NO. F0008665 NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK, successor in interest To PENNSYLVANIA NATIONAL BANK Plaintiff VS. ROBERT E. RIGNEY AND WENDY L. WICKARD A/K/A WENDY L. RIGNEY Defendants No. NOTICE AND COMPLAiNT 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 upon you, by entering a written appearance personally or by attomey 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 claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER 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. Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 COMPLAINT 1. M & T BANK, successor in interest to PENNSYLVANIA NATIONAL BANK is a corporation with offices at 1110 Wehrle Drive, 2nd Floor, Williamsville, NY 14221 and is hereinafter referred to as "Plaintiff'. 2. Defendants are adult individuals who reside at 207 North 24th Street, Camphill, Cumberland County, Pennsylvania 17011 and 142 N. Woodrow Boulevard, Toronto, Canada MIKIXI. 3. On or about April 20, 1998 Defendants executed and delivered to Plaintiff a Mortgage on certain mai property owned by Defendants. Said Mortgage was recorded in the Office of the Cumberland County Recorder of Deeds in Mortgage Book Volume 1452 Page 762. A copy of said Mortgage is attached hereto, marked Exhibit "1" and made a part hereof. 4. Of even date with said Mortgage, Defendants executed and delivered to Plaintiff a Line of Credit, a copy of which is attached hereto, marked Exhibit "2" and made a part hereof. 5. By the terms and conditions of the aforementioned Mortgage and Line of Credit Defendants agreed to repay certain sums to Plaintiff and, in so doing, to make certain monthly payments to Plaintiff as is more specifically shown by said Mortgage. 6. On or about July 24, 2000, Notices of Homeowner's Emergency Act of 1983 was sent to Defendants in accordance with Act 91 of 1983(P.L.385, No. 91), as amended, and in accordance with Act 6 of 1974(P.L. 11, No. 6), as amended, and pursuant to 12 PA.Code Chapter 31, Subchapter B, Section 31.201 et seq., as amended, and that an action on said Mortgage may be commenced after 33 days from the postmark date of said Notices. Said Notices Further advised Defendants of Defendant's rights and obligations in accordance with said Acts. Copies of said Notices are attached hereto, collectively marked Exhibit "3", and made a part hereof. 7. Plaintiff avers that Defendants are in default of the terms and conditions of the aforementioned Mortgage by having not made payments as agreed, thereby rendering the entire balance immediately due and payable. 8. Plaintiff avers that the outstanding principal balance due is $28,653.04. 9. Plaintiff is entitled to interest at the rate of 7.75 percent per annum. Interest due from March 25, 2001 through and including August 31, 2001 amounts to $967.33. 10. Plaintiff is entitled to late charges of 3% of the monthly paymem of principal and interest per month for a total of $90.06. 11. Pursuant to the terms and conditions of the aforementioned mortgage, Plaintiff, at its discretion, may do or pay whatever is necessary to protect the value of the property and Plaimiffs rights in the property. This sum is curremly unliqudated. 12. By the terms of the aforementioned mortgage, Defendant has agreed to pay reasonable attorney's fees in the amount of $950.00 and which will increase at the rate of $110.00 per hour depending on the extent of litigation required. 13. Although repeatedly requested to do so by Plaintiff, Defendants willfully failed and refused to pay the aforesaid balance, interest, escrow advances, late charges, attorney fees or any part thereof to Plaintiff. WHEREFORE, Plaimiff demands judgment in mortgage foreclosure against Defendants, jointly and severally, in the amount of $30,660.43 with continuing interest and late charges at the contract rate plus costs. BERNSTE1N LAW FIRM, P.C. By: ~ ' Lori A. Gibson, Esquire Attomeys for Plaintiff 1133 Penn Avenue Pittsburgh, PA 15222 BERNSTEIN FILE NO. F008665 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, that he\she is the Banking Officer for the Plaintiff herein, that he\she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are tree and correct to the best of hisLher knowledge, information and belief. PERI SARAC-FLIHAN BANKING OFFICER 0207 N 24?# STREET, CAHP HILL, PA 17011 PAGE _ / ,,, ~ _ ~, P~ES 2?RBBE4OO1R NOTIC~ ~OUEST ~R NOTI~ OF DEFAULT AND ~RECLOSU~ ~1~, ~ ~ ~t, ~e ~ a~ ~at ~ ~ the ~ ~ ~'J ~ ~. -- ......... 17901 COMMONWEALTH OF PENNSYLVANIA Loa. NO-2758~240015 OPEN,END MORTG.A.~ r, -' ROBERT E MGNEY 207 N 24Tfl STREET CANP HILL. PA 17o11UU Pennsylvania National Bank Recorder - Please Na~onal~. ~ HOME EQUITY LINE OF CREDIT PAGES TISIt-IX~I FEDERAL TRUTH-IN-LENDING OISCLOSURE STATEMENT ~ PART TWO Pennsylvania Natlonal~ ~/'.~ Home Equity Une Note and Agreement THE ADDITIONAL TERMS OF 2A OF 2A ARE PANT OF THIS AGREEMENT 4/2(3/98 [~,~. =~ -- l ~' -~_~ 4/g0/98 Dine , .... I~ENOy L ,,'gl~Y \ Oats Keystone_ Fifiancial l RO. BOX 1384 POTI'SVILLE. PA 17901 P 971 087 791 PHONE: 1-800-895-9304 FAX: 717-628-9231 VIA CERTIFIED MAIL NOTICE OF INTENT TO FORECLOSE MOR TGA GE Mr Robert E Rigney 207 N 24th St Camp Hill PA 17011 Date: July 24, 2000 The MORTGAGE held by Keystone Financial Bank, N.A., (hereinafter we, us or ours) on your property located at 207 North 24th Street, Camp Hill, PA 17011, IS IN SERIOUS DEFAULT because you have not made the following monthly payments: $500.49 for May 20, 2000; $576.70 for June 20, 2000; and $556.45 for July 20, 2000. Late charges (and other charges) have also accrued to this date in the amount of $17.30. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $1,650.94. You may cure this default within THIRTY(30) DAYS of the date of this letter, by paying to us the above amount of $1,650.94, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be either by cash, cashier's check, certified check or money order, and made at Keystone Financial Bank, N.A., P.O. Box 1384, Pottsville, PA 17901-1384. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay offthe original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgagedproperty. If the mortgage is foreclosed, your mortgaged property will be soM by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe to us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. PAGE EXHIBIT J yt OF _. Y-fi PAGES NOTICE OF INTENT TO FORECLOSE MORTGAGE If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclasure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale andperform any other requirements under the mortgage. It is estimated that the earliest date that the Sheriffs sale could be held would be September 24, 2000. A notice of the date of the 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 will be by calling us at the following number: (800) 895-9304. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the prope~y. YOU 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 THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UN-DER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Susan M. Hossler Adjustor SMH/cms .15.eysto.ne,. ,-/. Rnanoa[XV RO. BOX 1384 POTTSVILLE, PA 17901 PHONE: 1-800-895-9304 FAX: 717-628~9231 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THE COMMONWEALTH OF PENNSYLVANIA'S HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU. READ THE FOLLOWING NOTICE TO FIND OUT HOW THE PROGRAM WORKS. If you need more information call the Pennsylvania Housing Finance Agency at (800) 342-2397. LA NOTIFICACION EN AD JUNTO 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 IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SE ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SI./CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS RE: Mortgage #275862-40015 July 24, 2000 TO: Mr Robert E Rigney 207 N 24th St Camp Hill PA 17011 FROM: Keystone Financial Bank, N.A. P.O. Box 1384 Pottsville, PA 17901-1384 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowner's Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this notice. It contains an explanation of your rights. 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. During that time you must arrange and attend a "face-.to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address, and telephone number of our representatives are: Tina M. Knott Regional Supervisor One South Centre Street Pottsville, PA 17901 (570) 628-9323 Susan M. Hossler Loan Adjustor One South Centre Street Pottsville, PA 17901 (800) 895-9304, Ext. 9368 The names and addresses of designated consumer credit counseling agencies are: Consumer Credit Counseling Service of Lehigh Valley, Inc. 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 or (800) 220-2733 from area codes (717), (570), or (814) Commission on Economic Opportunity of Luzerne County 211-213 South Main Street Wilkes-Barre, PA 18701 (570) 826-0510 or (800) 822-0359 or (570) 455-4994 from Hazleton Housing Asso. & Development 411 Walnut Street P.O. Box 1505 Allentown, PA 18105 (610) 432-6336 Economic Opportunity Council of Reading and Berks County 229 Fourth Street Reading, PA 18601 (610) 376-6571 or (610) 376-6570 It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1,650.94. That sum includes the following monthly payments of.' $500.49 for May 20, 2000; $576.70 for June 20, 2000; and $556.45 for July 20, 2000, plus late charges in the amount of $17.30. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one oftbe designated consumer credit counseling agencies listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do ~o, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional 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 Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Sincerely, Susan M. Hossler Adjustor SMH/cms Keystone Fifia lcia[x, RO, BOX 1384 POTTSVILLE, PA 17901 P 971 087 792 PHONE: 1-800-895-9304 FAX: 717,.628-9231 VIA CERTIFIED MAIL NOTICE OF INTENT TO FORECLOSE MORTGAGE Ms Wendy Rigney 142 N Woodrow Blvd Toronto Canada M I K 1X 1 Date: July 24, 2000 The MORTGAGE held by Keystone Financial Bank, N.A., (hereinafter we, us or ours) on your property located at 207 North 24th Street, Camp Hill, PA 17011, IS IN SERIOUS DEFAULT because you have not made the following monthly payments: $500.49 for May 20, 2000; $576.70 for June 20, 2000; and $556.45 for July 20, 2000. Late charges (and other charges) have also accrued to this date in the amount of $17.30. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $1,650.94. You may cure this default within THIRTY (30) DA Y$ of the date of this letter, by paying to us the above amount of $1,650.94, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be either by cash, cashier's check, certified check or money order, and made at Keystone Financial Bank, N.A., P.O. Box 1384, Pottsville, PA 17901-1384. lfyou do not cure the default within THIRTY (30) DAYS, we intendto exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay offthe original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgagedproperty. If the mortgage is foreclosed, your mortgaged property will be soM by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe to us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. PAGE EXHIBIT.z / OF L PAGES TISIHX] NOTICE OF INTENT TO FORECLOSE MORTGAGE If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale andperform any other requirements under the mortgage. It is estimated that the earliest date that the Sheriffs sale could be held would be September 24, 2000. A notice of the date of the 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 will be by calling us at the following number: (800) 895-9304. This payment must be in cash, cashier's cheek, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property at,er the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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 THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Susan M. Hossler Adjustor SMH/cms FifianoaLI~ RO. BOX 1384 Po3-rSVILLE, PA 17901 PHONE: 1-800-.895-9304 FAX: 717-628-9231 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THE COMMONWEALTH OF PENNSYLVANIA'S HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU. READ THE FOLLOWING NOTICE TO FIND OUT HOW THE PROGRAM WORKS. lfyou need more information call the Pennsylvania Housing Finance Agency at (800) 342-2397. LA NOTIFICACION EN ADJ-UNTO 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 IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SE ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS RE: Mortgage #275862-40015 July 24, 2000 TO: Ms Wendy Rigney 142 Woodrow BIvd Toronto Canada M I K 1 X 1 FROM: Keystone Financial Bank, N.A. P.O. Box 1384 Pottsville, PA 17901-1384 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowner's Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance ifyour default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this notice. It contains an explanation of your rights. 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. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseliflg agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address, and telephone number of our representatives are: Tina M. Knott Regional Supervisor One South Centre Street Pottsville, PA 1790 l (570) 628-9323 Susan M. Hossler Loan Adjustor One South Centre Street Pottsville, PA 17901 (800) 895-9304, Ext. 9368 The names and addresses of designated consumer credit counseling agencies are: Consumer Credit Counseling Service of Lehigh Valley, Inc. 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 or (800) 220-2733 from area codes (717), (570), or (814) Commission on Economic Opportunity of Luzeme County 211-213 South Main Street Wilkes-Barre, PA 18701 (570) 826-0510 or (800) 822-0359 or (570) 455-4994 from Hazleton Housing Asso. & Development 411 Walnut Street P.O. Box 1505 Allentown, PA 18105 (610) 432-6336 Economic Opportunity Council of Reading and Berks County 229 Fourth Street Reading, PA 18601 (610) 376-6571 or (610) 376-6570 It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1,650.94. That sum includes the following monthly payments of: $500.49 for May 20, 2000; $576.70 for June 20, 2000; and $556.45 for July 20, 2000, plus late charges in the amount of $17.30. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do Jo, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional 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 Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice oflntention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Adjustor SMH/cms VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, that he\she is the Banking Officer for the Plaintiff herein, that he\she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of hisLher knowledge, information and belief. PERI SARAC-FLIHAN BANKING OFFICER 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK SUCCESSOR 1N INTEREST TO PENNSYLVANIA NATIONAL BANK Pl~ntiff VS. Civil Action No. 01-5549-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE Defendant FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON MCKECHNIE, ESQUIRE PA ID#36268 Bemstein Law Firm, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 DIRECT DIAL: (412) 456-8100 BERNSTEIN FILE NO. F0008665 NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK SUCCESSOR IN INTEREST TO PENNSYLVANIA NATIONAL BANK Plaintiff VS. ROBERT E. RIGNEY and WENDY L. WICKARD aka WENDY L. RIGNEY Civil Action No. 01-5549-CIVIL Defendant PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Settle and discontinue without prejudice the above-captioned matter upon the records of the Court and mark the costs paid. BERNSTEIN LAW FIRM, P.C. BAYtt:o~~Plaintif~~ - 1133 Penn Avenue Pittsburgh, PA 15222 (412) 456-8100 BERNSTEIN FILE NO: F0008665 Swom to and subscribed before me this day of -?/,,~r, ,2001 - Notarial Seal --4 CherYl A. Bauer, Notary Public / pitts~3urgh A egheny County ~ ssion Expires July 22, 2004~ f~4ember, pen~ania Association ot Notaries 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK, Plaimiff VS. Civil Action No. 02=t,986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD adk/a WENDY L. RIGNEY, De~ndams MOTION FOR ALTERNATE SERVICE, AS TO DEFENDANT, WENDY WICKARD, IN ACCORDANCE WITH PA R.C.P. 430 AND 3129.2 FILED ON BEEALF OF Plaimiff COUNSEL OF RECORD FOR THIS PARTY: LORI A. GIBSON, ESQUIRE PA I.D. #68013 EDWARD S. WEHRENBERG, ESQUIRE PA I.D. #82559 Bemstein Law Firm, P.C. Firm #718 Gulf Tower, Suite 2200 Pittsburgh, PA ].5219 412-456-8100 BERNSTEIN FILE NO. F0008665 esw000493V001 2/24/2003 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK, Plaintiff VS. O[- 5 5"((~ Civil Action No. 0E~9~ff-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD a/k/a WENDY L. RIGNEY, Defendants CERTIFICATE OF SERVICE I, Edward S. Wehrenberg, Esquire, do hereby certify that a true and correct copy of the foregoing Motion was served upon the following party on Vga_. '"/"~. ~'}_~)0~.~ by first class U.S. Mail postage pre-paid: Robert Rigne~Yth 207 North 24 Street Camp Hill, Pa 17011 Wendy Wickard 207 North 24th Street Camp Hill, Pa l'.1011 E ~ehrel esw000493V001 2/24/2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK, Plaintiff VS. Civil Action No. 01-5549-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD a/k/a WENDY L. RIGNEY, Defendants MOTION FOR ALTERNATE SERVICE, AS TO WENDY L. WICKARD ONLY, IN ACCORDANCE WITH THE PENNSYLVANIA RULE OF CIVIL PROCEDURE 430 AND 3129.2 AND NOW, comes M & T Bank, N.A., Plaintiff above-named, anq prays this Honorable Court as follows: 1. Plaintiff filed a Complaint in Mortgage Foreclosure on October 15, 2002 and has been unable to obtain service of the Notice and Complaint on the Defendant, Wendy Wickard, through the office of the Sheriff of Cumberland County, Pennsylvania. 2. Plaintiff has made diligent search for the Defendant, Wendy Wi.ckard, as is more fully set forth in the SUPPORTING AFFIDAVIT, which is attached hereto marked as Exhibit "A" and a made a part hereof. 3. Plaintiff prays that this Honorable Court will enter an appropriate Order of Court authorizing alternative service on Defendant, Wendy Wickard, by posting the mortgaged premises with a copy of the Notice and Complaint and by mailing a copy of the Notice and Complaint by regular mail to the Defendant- Wendy Wickard's last known address in accordance with PA. R.C.P. 430 and PA. R.C.P. 3129.2. esw000493V001 2/13/2003 WHEREFORE Plaintiff petitions this Honorable Court to enter an Order, pursuant to Pa.R.C.P. 430 and PA R.C.P. 3129.2, authorizing Plaintiff to serve the Defendant, Wendy Wickard, by regular mail to the Defendant-Wendy Wickard's last known address and instructing the Sheriff of Cumberland County to serve Defendant, Wendy Wickard, by posting the premises at 207 North 24th Street, Camp Hill, Pa 17011 in accordance with PA R.C.P. 430 and 3129.2. BERNSTEIN LAW FIRM, P.C. Edward S. Wehrenberg, Esquire.. J Gulf Tower, Suite 2200 [ J Pittsburgh, PA 15219 ~ (412) 456-8100 eswOOO493VO01 2/13/2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK, Plaintiff VS. Civil Action No. 02-4986-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD a/k/a WENDY L. RIGNEY, Defendants AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO i~LMKE SERVICE OF PROCESS BY POSTING THE PREMISES PURSUANT TO PA R.C.P. 430 AND 3129.2 AND NOW, comes Edward S. Wehrenberg, Esquire, who upon being duly sworn according to law deposes and says as follows: 1. That he is an attorney at law duly licensed to practice in the Commonwealth of Pennsylvania. 2. That he is the attomey representing the Plaintiff, PNC Bank, N.A. 3. That after filing of the Complaint, the Sheriff of Allegheny County made a RETURN OF SERVICE, in which he advised that he had been unable to make service upon the Defendant, Wendy Wickard, at 207 North 24th Street, Camp Hill, Pa 17011 because the Defendant, Wendy Wickard, had moved to canada, as evidenced by the Return of Service attached hereto, marked as Exhibit "1". esw000493V001 2/24/2003 4. That Ontario Process Servers, performed a search for Defendant, Wendy Wickard, but was unable to find information on this person, as evidenced by the response attached hereto as Exhibit "2." 5. That, in its search, Plaintiffs counsel discovered an address for Defendant, Wendy Wickard, at 142 N. Woodrow Blvd, Toronto Canada, but was unable to effectuate service upon Defendant through the Ontario Process Servers because the server was told that Defendant, Wendy Wickard, moved two years ago, as evidenced by the response attached hereto as Exhibit "3." 6. That Plaintiff's counsel made inquiry of the U.S. Post Office to for Defendant-Wendy Wickard's forwarding address information. The postal authorities advised that 207 North 24th Street, Camp Hill, Pa 17011 is a good address for the Defendant, Wendy Wickard, as evidenced by the Post Office response attached hereto as Exhibit "4." 7. That Directory Assistance had a listing for the Defendant, Wendy Wickard, and was able to confirm that 207 North 24th Street, Camp Hill, Pa 17011 is the conect address for the Defendant, Wendy Wickard. 8. That Plaintiffs counsel contacted Voter Registration for Cumberland County, a representative of which was able to confirm that Defendant, Wendy Wickard, is not registered to vote and unable to report 207 North 24th Street, Camp Hill, Pa 17011 as the last known address for Defendant, Wendy Wickard. 9. That Plaintiffs counsel contacted the Tax Assessor for Cumberland County, a representative of which was able to confirm that the tax bills for the property are sent to Defendant, Robert Rigney, at esw000493V001 2/18/2003 207 North 24th Street, Camp Hill, Pa 17011 and that Defendant, Wendy Wickard, owns no other property in Cumberland County. 10. That Plaintiff's counsel received a copy of Defendant-Wendy Wickard's credit report, which indicated 207 North 24th Street, Camp Hill, Pa 17011 as the Defendant-Wendy Wickard's current address. And further the Affiant sayeth naught. Sworn to and subscribed before me this/17',~F~ day of ~~ ,2003 esw000493¥001 2/13/2003 ........ ........ P.O01/O01 SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-04986 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M & T BANK VS RIGNEY ROBERT E ET AL R. ThOmas Kline ,Sheriff or Deputy. Sheriff, who being duly sworn according to law, says· that h.e made a diligent search and inquiry for the within named defendant, DEFENDANT WICKARD WENDY L AKA WENDY L RIGNEY · unable to loca~e Her in his bailiwick. COMPLAINT - MORT FORE , but was He therefore returns the the within named DEFENDANT RIGNEY , NOT FOUND , as to · WICKARD WENDY L AKA WEN-DY L WENDY RIGNEY DOES NOT LIVE AT ADDRESS GIVEN. SHE LIVES IN CANADA. Sheriff's Costs: Docketing 18.00 Service 9.66- Not Found 5.00 Surcharge 10.00 .00 42.66 So answeirs: ~ R. Thomas Kline Sheriff of Cumberland County BERNSTEIN L~W FIRM Sworn and subscribed to before me this day of A.D. Prothonotary ONTARIO P oc ss SERVING HEAD OFFICE: 605 - 175 Hunter Street East, Hamilton, ON, L8N 4E7 To Serve All Your Process Serving Needs, Court Issuing, Filing, Skip-Tracing and M.T.O. Searches BILL TO Bemstein Law Firm, P.C. Suite 2200 Gulf Tower Pittsburgh, Pennsylvania 15219-1900 ATTN: Jeanne A. Nicholsen DATE J Invoice INV # 17821 DESCRIPTION Attempts Affidavit/Notarization km's travelled Long Distance/Fax Postage/Courier Handling Charge RE: Wendy L. Rickard. Attempt of Service upon Wendy L. Rickard, at 142 North Woodrow Boulevard, Toronto, Ontario, Canada, were made on the following dates: Q:rY 3 1 28 RATE 27.00 20.00 0.50 0.60 0.65 5.00 AMOUNT 81.00 20.00 14.00 0.60 0.65 5.00 GST I SCARBOROUGH AND WATERLOO OFFICE NOW OPEN!!! Total .Page 1 "Offices ,across Ontario" Phone/Fax: (Hamilton Local) 905-529-2770 ° Toll Free: 1-800-465-SERV(7378) HEAD OFFICE: 605 - 175 Hunter Street East, Hamilton, ON, L8N 4E7 To Serve All Your Process Serving Needs, Court Issuing, Filing, Skip-Tracing and M.T.O. Searches Invoice BILL TO Bernstein Law Firm, P.C. Suite 2200 Gulf Tower Pittsburgh, Pennsylvania 15219-1900 ATTN: Jeanne A. Nicholsen DATE ] INV # '20/11/200t I 17821 DESCRIPTION QTY RATE AMOUNT October 17th, 2002, at 10:47 am, there was no one home. October 17th, 2002, at 7:14 pm. Informed that she had moved two years ago, by a woman who wouldn't identify hereself. November 2nd, 2002, at 11:18 am. Canvassed the immediate neighbors but no one knew of Wendy Wickard. SD. Business Number: R123770723 GST 8.49 SCARBOROUGH AND WATERLOO OFFICE NOW OPEN!!! Total $129.74 .Page 2 "Offices ~tcross Ontario" Phone/Fax: (Hamilton Local) 905-529-2770 ° Toll Free: 1-800-465-SERV(7378) It.~_ ONTARIO PROC~S'S SERVI.N(' ~ To Serve All Your Process Serving N~e~ ~'~oFFICE: 605- 175 Hunter'$tre'~t East, Hamilton, ON, LSN 4E7 Cotg¢ lssu~ng, F~ing, Sk£p. TracL and M.T,O. Search Invoice _-B_!LL.:TO ..... gemstein Law Firm, P.C. · Suite 2200 Gulf Tower PittSburgh, Pennsylvania 15219-1900 ATTN: Jeanne A. Nicholsen DI~$¢R1PTION Search/MTO/Credit Bureau Handling Charge Long Distance/Fax Postage/Courier. tLE:. Wendy L. Wickard F./K/A Wendy L. · Pdgney. Your File Number F0008665. I Motor VebAcle search was made on 'November 7th, 2002, on the above named person. There is no information on file. SD. Business Number: R123770723 QTY 30.00 I 5.00 2200 0.65, AMOUNT 30'.00 5.00 2.00 0.65 SCARBOROUG.I-i"AiqS-~TERiT.50 OFF'i~2'~IOw · Total ............. - ...... "OfJ~c es A cross Ontario" 2~64 $40.29 JOSEPH J. BERNSTEIN (PA. Fl) ROBERT S. BERNSTEIN (PA. FL. WV, NY) NICHOLAS I~. KRAWEC (PA, NC, OH) lori a. GIBSON (PA) BERNSTEIN LAW FIRM, P.C. TRADITION · TECHNOLOGY · TAI_ENT MARLENE J. BERNSTEIN (Pa. FL) CHARLES E. BOBINIS (PA, WV) JON a. McKECHNIE (Pa) EDWARD G. WEHRENBERG (PA) KIRK B. BUrKLEY (Pa) (STATES OF ADMISSION) SUITE 2200 GULF TOWER. PI3-rSBURGH. PENNSYLVANia 152! 91900 q~0(~927-3197 4124568100 FAX 4! 2~5~8135 WWW.BERNSTEINLAW.COM MAIL@BERNSTEIN LAW.COM Postmaster, Camp Hill, PA 17011 December 19, 20(}2 Subject: Request for Information Re: M & T Bank Vs: Wendy L Rigney 207 North 24th Street Camp Hill, PA 17011 BERNSTEIN FILE NO. F0008665 Sir: Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and address (if a boxholder) for the following: Name: Wendy L Rigney Address: 207 North 24th Street Camp Hill, PA 17011 NOTE: The name and last known address are required for ch~mge of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) mad (2) mad corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g. process server, attorney, party representing himself): ATTORNEY 2. State or regulation that empower me to serve process (not required when requester is an attorney or a party acting pro se must cite statute): 3. The name of all known parties to the litigation: M & T BankVS.Robert Rigney 4. The court in which the case has been or will be heard: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, CIVIL DIVISION 5. The docket or other identifying number if one has been issued: 6. The capacity in which this individual is to be served (e.g. del7endant or witness): DEFENDANT December 19, 2002 Page 2 WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. (2~~act.~ -~~~~ Suite 2200 Gulf Tower Signature ~. Address Jeanne Nicholsen Printed Name PITTSBURGH, PA 15219 City, State, ZIP Code FOR POST OFFICE USE ONLY POSTMARK Not known at address given. ___Moved, left no forwarding address. No such address. ~Correct address. New address Box holder's name and address File No. F0008665 NAME and STR_EET ADDRESS 2 8 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK successor in interest to PENNSYLVANIA NATIONAL BANK, Plaintiff VS. Civil Action No. 62-47,~6-CIVIL ROBERT E. RIGNEY and WENDY L. WICKARD a/k/a WENDY L. RIGNEY, Defendants ORDER OF COURT AUTHORIZING SERVICE OF PROCESS BY POSTING THE PREMISES PURSUANT TO PA. R.C.P. 430 AND 3129.2 AND NOW, to-wit, this ~ao r 3 day of [/~ ~ C~ ~ , 2003, upon consideration of the foregoing Petition and its attached SUPPORTING AFFIDAVIT, it is hereby ORDERED, ADJUDGED AND DECREED that the Plaintiff be and is hereby authorized to obtain service on Defendant, Wendy Wickard, of the Notice and Complaint by posting of the mortgaged premises with a copy of the Notice and Complaint j regular mail to the Defendant-Wendy Wickard's last known address in accordance with PA R.C.P. 430 ba~Yd3129.2~Servicetobeeffectiveuponmailing.)~,Z~,~ b~ [~,,aLit.~>-~t~>'~Z~C. [~',L...~ BY THE COURT: esw000493V001 2/24/2003