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HomeMy WebLinkAbout09-3341Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 vlaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 22852 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. WALTER K. RUMBEL, JR. 2004 CARLISLE ROAD CAMP HILL, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 04 - 334 &Vit-Ir" CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 22852 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 22852 Plaintiff is WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: WALTER K. RUMBEL, JR. 2004 CARLISLE ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/25/1994 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST ADVANTAGE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1198, Page 642. By Assignment of Mortgage recorded 04/11/1994 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 470, Page 752. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 22852 6. The following amounts are due on the mortgage: Principal Balance $61,530.28 Interest $4,370.76 07/01/2008 through 05/20/2009 (Per Diem $13.49) Attorney's Fees $850.00 Cumulative Late Charges $93.40 02/25/1994 to 05/20/2009 Cost of Suit and Title Search 750.00 Subtotal $67,594.44 Escrow Credit $0.00 Deficit $1,026.23 Subtotal $1,026.23 TOTAL $68,620.67 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 22852 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $68,620.67, together with interest from 05/20/2009 at the rate of $13.49 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: La4ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 22852 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of D. P. Raffensperger, Registered Surveyor, date October 9, 1945, as follows: BEGINNING at a point on the northern side of Carlisle Road, two hundred thirty-four and ninety-nine one-hundredths (234.99) feet West of the northwest corner of the intersection of Carlisle Road and 20th Street, also at the dividing line between Lots Nos. 52 and 53, Block 'A' on hereinafter mentioned Plan of Lots; thence westwardly along the North side of Carlisle Road, sixty (60) feet to a point; thence northwardly at right angles to Carlisle Road, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 45 and 53, Block 'A' on said Plan; thence southwardly along the same at right angles to Carlisle Road, one hundred twenty (120) feet to a point, the Place of BEGINNING. BEING Lot No. 53, Block'A' on Plan No. 6 of Highland Estates, said Plan being recorded in Plan Book 4, Page 110, Cumberland County records. Address: 2004 Carlisle Road Parcel #13-23-0549-033 File #: 22852 • .. VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff andf are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. lirr.Q ?c omey for Plaintiff DATE: -V ` File #: 22852 0 FILED-- _ E ?' THE 26 $"m. SO PC ATT t awls" 3a3 p'* aa.5G3l, Sheriffs Office of Cumberland County R Thomas Kline atv of eau?b r ?r auwaru 1, aunurpp s Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE c` THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/28/2009 06:15 PM - Jody Smith, Sergeant,, who being duly sworn according to law, states that on May 28, 2009 at 1815 hours4ie served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Walter K. Rumbel, Jr., by making known unto himself personalty, defendant at 2004 Carlisle Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 May 29, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy S i 2009-3341 Wells Fargo Bank V Walter K. Runbel, Jr. Ln '- N J r c? Tf )?Z -, r r-' rV Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. vs. WALTER K. RUMBEL, JR Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2009-3341 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against WALTER K. RUMBEL, JR, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $68,620.67 Interest - 05/21/2009 to 07/07/2009 $647.52 TOTAL $69,268.19 I hereby certify that (1) the Defendant's last known CAMP HILL, PA 17011, and (2) that notice has been give. attached. ( , is 2004 CARLISLE ROAD, ~rdance with Rule 237.1, copy Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jere R. Davey, Esquire Lauren R. Tabas, Esquire~/~ Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: L/?~~,~~ ~~j PHS # 22852 PROTHONOTAR Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq. Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 15-563-7000 WELLS FARGO BANK, N.A., S!B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 2009-3341 CUMBERLAND COUNTY WALTER K. RUMBEL, JR Defendant(s) TO: WALTER K. RUMBEL, JR 2004 CARLISLE ROAD CAMP HILL, PA 17011 DATE OF NOTICE: June 18, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD .NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAIlVST PROPERTY. PHS # 22852 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII,ED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IlVIPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ~L,awrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 She tal R Shah-Jani, Esq., Id. No. 81760 J me R. Davey, Esq., Id. No. 87077 wren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 6 i 791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 22852 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. vs. WALTER K. RUMBEL, JR Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2009-3341 VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant WALTER K. RUMBEL, JR is over 18 years of age and resides at 2004 CARLISLE ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties o~ 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ / / L"awrence T. PhTan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Je~e R. Davey, Esquirem ~~ -Lauren R. Tabas, Esquirc~~73 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCY, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** +{~ f ~Lr Lr..~s~~~F~Y~~ti~~ 20G~ ~~.a. -~ ~#~i ~ ~ ~ 3 i ,a ~7 ~~~ R (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK, N.A., SB/M TO CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, COURT OF COMMON PLEAS INC. . vs. CIVIL DIVISION WALTER K. RUMBEL, JR No. 2009-3341 2004 CARLISLE ROAD CAMP HILL, PA 17011 Notice is given that a Judgment in the above captioned matter has been entered against you on ~'~ ~. o~~~ If you have any questions By: n ~' / / Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Je~e R. Davey, Esquire ..xauren R. Tabas, Esquire~~"~j7J~ Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney or Party Filing Francis S. Hallinan, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ •- Sheriff _- T -"" ~~~'tis ~i ~;,~7_rr,,~, Jody S Smith ~ ~''~ ChiefDeputY 2~C(~~~~ ~ ~ ~ e~: ^~~C Edward L Schorpp _ Solicitor - ,.~ E ._. , Wells Fargo Bank, N.A., vs. Case Number Walter K. Rumbel, Jr. 2009-3341 SHERIFF'S RETURN OF SERVICE 09/28/2009 07:07 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 09-28-09 at 1907 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Walter K. Rumbel, Jr., located at 2004 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania according to law. 09/28/2009 07:07 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 09-28-09 at 1907 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Walter K. Rumbel, Jr., by making known unto, Walter K. Rumbel, Jr., personally, at 2004 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/08!2009 Property sale postponed to 2/3/2010. 02/01/2010 Property sale postponed to 4/7/2010. 04/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4/6/10 SHERIFF COST: $700.85 April 06, 2010 SO ANSWERS, ~--_. RON R ANDERSON, SHERIFF ~ ~slgs ~~-.2yvs7~ WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A CUMBERLAND COUNTY NORWEST MORTGAGE, INC. . COURT OF COMMON PLEAS Plaintiff, . v. CIVIL DIVISION WALTER K. RUMBEL, JR. N0.2009-3341 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO__BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC , F/K/A NORWEST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2004 CARLISLE ROAD, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) WALTER K. RUMBEL, JR. 2004 CARLISLE ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) APPLIED CARD BANK CROSS COUNTRY BANK C/O JORGE M. PEREIRA, ESQUIRE 101 NORTH CEDAR CREST BLVD. ALLENTOWN, PA 18104-4602 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) First Federal Savings and Loan Association of Harrisburg 234 N. 2nd Street Harrisburg, PA 17101 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be seasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address (if address cannot be reasonably ascertained, please indicate) 2004 CARLISLE ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification t a horities. August 24, 2009 DATE ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ F~tancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS CUMBERLAND COUNTY FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. No. 2009-3341 Plaintiff, . v. WALTER K. RUMBEL, JR. Defendant(s). August 24, 2009 TO: WALTER K. RUMBEL, JR. 2004 CARLISLE ROAD CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 2004 CARLISLE ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $69,268.19 obtained by WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION All THAT CERTAIN tract or parcel of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of D. P. Raffensperger, Registered Surveyor, date October 9, 1954, as follows: BEGINNING at a point on the northern side of Carlisle Road, two hundred thirty-four and ninety-nine one-hundredths (234.99) feet West of the northwest corner of the intersection of Carlisle Road and 20th Street, also at the dividing line between Lots Nos. 52 and 53, Block'A' on hereinafter mentioned Plan of Lots; thence westwardly along the North side of Carlisle Road, sixty (60) feet to a point; thence northwardly at right angles to Carlisle Road, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 45 and 53, Block'A' on said Plan; thence southwardly along the same at right angles to Carlisle Road, one hundred twenty (120) feet to a point, the Place of BEGINNING. BEING Lot No. 53, Block'A' on Plan No. 6 of Highland Estates, said Plan being recorded in Plan Book 4, Page 110, Cumberland County records. HAVING thereon erected a one and one-half story permastone and block dwelling house known and numbered as 2004 Carlisle road. TITLE TO SAID PREMISES IS VESTED IN Walter K. Rumbel, Jr., single person, by Deed from Helen J. Rumbel, widow, dated 02/25/1994, recorded 02/28/1994, in Deed Book 102, page 24. PREMISES BEING: 2004 CARLISLE ROAD, CAMP HILL, PA 17011 PARCEL NO. 13-23-0549-033 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3341 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., s/b/m to WELLS FARGO HOME MORTGAGE, INC., f/Wa NORWEST MORTGAGE, INC., Plaintiff (s) From WALTER K. RUMBEL, JR (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $69,268.19 L.L. $.50 Interest from 7/8/09 - 12/9/09 (per diem - $11.39) -- $1,765.45 Atty's Comm % Due Prothy $2.00 Atty Paid $160.50 Other Costs Plaintiff Paid ,, Date: 8/25/09 ~ . ~. urtis R. Long, P th no ry (Seal) gy. Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone : 215-563-7000 Supreme Court ID No. 208375 Real Estate Sale # On September 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 2004 Carlisle Road, ~`~~ Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2009 B: Real Estate Coordinato :, ~~> ~- ~.~ ~~ ~~~,' . =~`,~~, ~. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-3341 Civil Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. ~S. Walter K. Rumbel, Jr. Atty: Daniel Schmieg By virtue of a Writ of Execution No. 2009-3341, WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. vs. WALTER K. RUMBEL, JR., owner of property situate in the LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being 2004 CARLISLE ROAD, CAMP HILL, PA 17011. Pazcel No. 13-23-0549-03 3. ImproveTnents thereon: RESIDEN- TIAL DWELLING. SWO1~N TO AND SUBSCRIBED before me this 6 day of November, 2009 i'~ Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 'Ihe Patriot-News Co. 812,Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ~latriot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: M/rR No. 2009-3341 Civll Tarm 10/23/09 Walls Fargo Bank, N.A., S/B/M to 10/30/09 Walls Fargo Home Mortgage, Inc., tJk/a Norwest Mortgage, 11 /06/09 Inc. Vs Walter K. Rumbel, Jr. \~_ ........... ~ :~-~%... :- : ~ ~~: Yr~~. . Atty: Daniel Schmleg s - By virble of a Writ of Execution No. 2009-3341 WELLS FARGO BANK, N.A., sB/M TO WBi.2;S FAi~'A-H~Te lifer' worn to and subscribed before me tlpis 1~d~of November, 2009 A. D. ~; _.. , ~ ~ " ..._ ~ ~ ~ ~ , ~ ' ~ ~ G,~4fii3,ti'JC. a1QR3 , ~.-~-`'''~,-~ ~~~ . `~- -~ ~~~ _ WAL'1`L+RT{.~IFUMBLL,JR. ~ _. ~ Notary Public ~`~-~ pwner(s) of property situate" in the LOWER ALLEN TOWNSHIP,' .Cumberland Couuty, Pennsylvania; being (M""'aPH'ty) 2004 CARLISLE ROAD, CAMP HQ.L, PA CC)RANIONWERL.7Fi C31= PENNSYLVANIA -.-.-___~__, ~ 17011.. tdotarial Seal --j ParcCl No.13-23-()549-03 3 Sheer L 6r~nEtr, IVotaty public (Acreage ar street address] CdY ~ Hamsburg, Dauphin County Improve~tts tha~eoh: RESII)ENTIAL MY Commission Expires Nov. 26 2011 DWFZI.IIVO , Member, Pennsylvania Association of Notaries PRAECIPE TO REASSESS DAMAGES P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff v WALTER K. RUMBEL, JR Defendant(s) PRAECIPE TO REASSESS DAMAGES To the Prothonotary: COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2009-3341 CUMBERLAND COUNTY Kindly Reassess the Damages per the Court Order dated 12/4/2009 in favor of the Plaintiff and against WALTER K. RUMBEL, JR, defendant. gs Set Fcgb in the Order W C40 CJ- We W cm Q>" ? ' c=a ?? /Daaa?9 'a-# asi0s' 1-4,0'0 Acnc 74? ,988.16 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS 22852 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. ; Civil Division Plaintiff : V. CUMBERLAND County WALTER K. RUMBEL, JR Defendant No. 2009-3341 40k I -O-R-DEER AND NOW, this 1"f day of hpf?' 2009, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through December 9, 2009, Per Diem $13.67 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $61,530.28 $7,123.62 $93.40 $2,440.00 $1,521.50 $0.00 $105.00 $95.00 $0.00 $0.00 ($0.00) $2,106.52 TOTAL $74,98,8.16 Plus interest from December 9, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY RT J. 22852 Order Dismissing Case (Form ordscs) (04/10) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Walter K. Rumbel Jr. Debtor(s) Charles J. DeHart, III (Trustee) Movant vs. Walter K. Rumbel Jr. Respondent(s) Chapter Case No ORDER DISMISSING CASE 13 1:09-bk-09477-RNO Upon consideration of the Trustee's Motion to dismiss case and it having been determined after notice and opportunity for hearing, that the case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and is hereby dismissed. Dated: September 3, 2010 By the Court, 6L? f Honorable Robert N. Opel United States Bankruptcy Judge C r-.a a "rt rnw c =- n C*r rn....- ? rn ?tC.a p-n ca "I --? Case 1:09-bk-09477-RNO Doc 88 Filed 09/03/10 Entered 09/03/10 08:22:20 Desc PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME COURT OF COMMON PLEAS MORTGAGE, INC., FWA NORWEST MORTGAGE, INC. Plaintiff CIVIL DIVISION v WALTER K. RUMBEL, JR Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due TOTAL NO.: 2009-3341 CUMBERLAND COUNTY $74,988.16 174,988.16 P elan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Fenine T. Romano,Esq., Id. No. 58745 l R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 22852 yl. so u Y ?O6. fSS .??. vG l qw .e r r fq_ d-V APS Q, 0C) 0AA1P_ (26 a1Nno?aN ?ie??a Zh?I1WV 8dA(?IAIOZ Alb ' 021d 3H1 d0 U3ll# H W a O z w U W d H O w x O a d w a o? a w 3 o ?a Oa d H O Q OU MU O F, O U ?, d Fa ? ? a WO ? 9 a w AG ? b ?w HQ d 3 0 t? U W? wa Oo H w O W ? a b a? El app o x F-4 U -o Q o 3N? O N ? W) W) N 0?0 a, ON a 000 N?C> M dM? OC?00 It Q OC7,zNN p M\O?o 000 C:.MN r-o py z O O z D i' mc,, y?j ?D O C? o z a zzbz d o o °? ozz ?zZ a?bb ro?zzz?zb-d °Z:a ? c•p NNW cc ' o W W w W U H ° a, V 'Cod -RA C Q > o a v ?U a ??OOCJ?O ?C7??ODOC7? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2009-3341 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wells Fargo Bank, N. A. SB/M to Wells Fargo Home Mortgage, Inc., F/K/A Northwest Mortgage Inc. Plaintiff (s) From Walter K. Rumbel, Jr. (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$74,988.16 Interest Atty's Comm % Atty Paid $920.85 Plaintiff Paid Date: November 23, 2010 (Seal) L.L. Due Prothy $2.00 Other Costs David .e , othon tary By: Deputy REQUESTING PARTY: Name Lauren R. Tabas, Esq. Phelan Hallinan & Schmieg, LLP Address: One Penn Center, Suite 1400 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 93337 !? LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of D. P. Raffensperger, Registered Surveyor, date October 9, 1945, as follows: BEGINNING at a point on the northern side of Carlisle Road, two hundred thirty-four and ninety- nine one-hundredths (234.99) feet West of the northwest corner of the intersection of Carlisle Road and 20th Street, also at the dividing line between Lots Nos. 52 and 53, Block'A' on hereinafter mentioned Plan of Lots; thence westwardly along the North side of Carlisle Road, sixty (60) feet to a point; thence northwardly at right angles to Carlisle Road, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 45 and 53, Block'A' on said Plan; thence southwardly along the same at right angles to Carlisle Road, one hundred twenty (120) feet to a point, the Place of BEGINNING. BEING Lot No. 53, Block'A' on Plan No. 6 of Highland Estates, said Plan being recorded in Plan Book 4, Page 110, Cumberland County records. HAVING thereon erected a one and one-half story permastone and block dwelling house TITLE TO SAID PREMISES IS VESTED IN Walter K. Rumbel, Jr., single person, by Deed from Helen J. Rumbel, widow, dated 02/25/1994, recorded 02/28/1994, in Deed Book 102, page 24. PREMISES BEING: 2004 CARLISLE ROAD, CAMP HILL, PA 17011 PARCEL NO. 13-23-0549-033 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. WALTER K. RUMBEL, JR Defendant(s) Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 2009-3341 : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 8 Pa..A. § 4904 relating to unworn falsification to authorities. vCD ti.. pp ti Co f- to W^ _J_ ti tit fZ- ti. C) N .sc M N c+ rv VZ tee Wz C- c.3 By: 40ffiey for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 /Shtal M. Bradford, Esq., Id. No. 69849 . Romano, Esq., Id. No. 58745 R. Shah-Jani, Esq., Id. No. 8176 0 . Davey, Esq., Id. No. 87077 R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. WALTER K. RUMBEL, JR Defendant(s) CUMBERLAND COUNTY PHS # 22852 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., FWA NORWEST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2004 CARLISLE ROAD, CAMP HILL, PA 17011. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) WALTER K. RUMBEL, JR Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 2004 CARLISLE ROAD CAMP HILL, PA 17011 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) APPLIED CARD BANK/ 101 N CEDAR CREST BLVD CROSS COUNTRY BANK ALLENTOWN, PA 18104 CIO JORGE PEREIRA, ESQUIRE Co 4. Name and address of last recorded holder of every mortgage of record: -p3 e? -1 Name Address if address cannot be mg at - x-n r reasonably ascertained, please indicate) XX (Ar- -p FIRST FEDERAL SAVINGS AND LOAN 234 NORTH 2ND STREET rZ v N w m t:; --4c: ASSOCIATION OF HARRISBURG HARRISBURG, PA 17101 y? A ?? z 5. Name and address of every other person who has any record lien on the property: Zp n Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2009-3341 ?•7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 2004 CARLISLE ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understanthat fals st tements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification t authorities. October 24, 2010 By: A d/miTfbi Plaintiff elan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? She l R. Shah-Jani, Esq., Id. No. 81760 ? J me R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A., SBIM TO WELLS FARGO COURT OF COMMON PLEAS HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. CIVIL DIVISION Plaintiff NO.: 2009-3341 VS. CUMBERLAND COUNTY WALTER K. RUMBEL, JR Defendant(s) c _C r NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 2M 6 ter.. ? rv warn w Q -x TO: WALTER K. RUMBEL, JR r o 2004 CARLISLE ROAD o-q CAMP HILL, PA 17011 .?. ?- 3> "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION (WAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 2004 CARLISLE ROAD, CAMP HILL, PA 17011 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $75,015.32 obtained by WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of D. P. Raffensperger, Registered Surveyor, date October 9, 1945, as follows: BEGINNING at a point on the northern side of Carlisle Road, two hundred thirty-four and ninety- nine one-hundredths (234.99) feet West of the northwest corner of the intersection of Carlisle Road and 20th Street, also at the dividing line between Lots Nos. 52 and 53, Block'A' on hereinafter mentioned Plan of Lots; thence westwardly along the North side of Carlisle Road, sixty (60) feet to a point; thence northwardly at right angles to Carlisle Road, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 45 and 53, Block'A' on said Plan; thence southwardly along the same at right angles to Carlisle Road, one hundred twenty (120) feet to a point, the Place of BEGINNING. BEING Lot No. 53, Block'A' on Plan No. 6 of Highland Estates, said Plan being recorded in Plan Book 4, Page 110, Cumberland County records. HAVING thereon erected a one and one-half story permastone and block dwelling house TITLE TO SAID PREMISES IS VESTED IN Walter K. Rumbel, Jr., single person, by Deed from Helen J. Rumbel, widow, dated 02/25/1994, recorded 02/28/1994, in Deed Book 102, page 24. PREMISES BEING: 2004 CARLISLE ROAD, CAMP HILL, PA 17011 PARCEL NO. 13-23-0549-033 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A., SMW TO WELLS FARGO HOME ..O 3 C= . ? MORTGAGE, INC., F/KIA NORWEST MORTGAGE, INC. PUS 0 22852 z m CM rZ rn DEFENDANT SERVICE TEA_W 1QC - -urrn WAL'T'ER K. RUMBEL, JR COURT NO.: 2009-3341 -?<> Cn C3 =, SERVE WALTER K. RUMBEL, JR AT: TYPE OF ACTION = -n 2004 CARLISLE ROAD %% Nodce of SheriWs Saie CAMP KILL, PA 17011 SALE DATE: 03/024011 tiA C) ? -t, rat SERVED < served and made known to I BSI. JR , Defendant on tbe,:±&y of Ab'MuSkR. 20 (0-at 4'47 , o'clock ?. M., at ;Z004 A Cks LE o. My INct j AA , in the manner described below: ? Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult m charge of Defendant's residence who refused to give name or relationship. _ Maoager&1erk of place of lodging in which Defendant(s) reside(s). _ Agent or person m charge of Defendant's offioe or usual place of business. _ an officer of said Defendant's company. Other: Description: Age 5-0 S Height Weight 940 Race kU Sex A? Other _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at L PD/It.D MO L L- , a compew adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Salem the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY CURTY before me this _1-/*day // NOTARY PUBLIC ,W JERSEY of NDV . 20° ??G S t, T}PIR S MAR N By, MY COMMISMISS1 U>r EXPIRES MARCH 7, 2013 NOT SERVED On da , 20_, at _ o'clock _. M., Defendant NOT FOUND because: Service Refused Other. Sworn to and subscribed before me this day of By: Notary: ATIXNRNKY FM PLAINTIFF 1"NWT. Pid0,z"W K NL AW FNM&L AN%z,%1LN&GW D=MG.SddKat,Kft612N ARdre K wwMr, aA., hL NL NM9 JMI6T. saw ? K TiL a174S S1eaY1 R SWJ?I, ? K NL /17N Jdw L Dny,'?, K Nw RfIR Lwow L 71?6K b4, K NLl3337 ViwkBd?W?, a+K Na 2K131 JV B. JNR B?}, K Na aKl7 PdtJ. Mdab, 34., K NL 617!1 AiWnw L SVkmk Rg, K Nw WV Jd?sIlG 1 L4,KNLM34 arr?..l.rer. [+RroS nds, KNwf Jei+LGdYws6a1j,K NL 21NQ C Wi L0=%a*,KNLWM 95 ?Rr1?eM?M, KNL2M=75 l? =..w R?Ye E Prrd,yrr., rA 1l1WM4 (225) Si171N ' k D-OFFI THE 1010 DEC 22 PPS t. ? 3 "`CUMBERLAND DDUN- ,#_. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff CUMBERLAND County V. No.: 2009-3341 WALTER K. RUMBEL, JR Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 22852 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on May 26, 2009. 2. Judgment was entered on July 8, 2009 in the amount of $69,268.19. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default.judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 2004 CARLISLE ROAD, CAMP HILL, PA 17011 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 1:09-09477 on December 8, 2009. The Bankruptcy was dismissed by order of court dated September 3, 2010. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "B". The Property is listed for Sheriffs Sale on March 2, 2011. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $60,829.28 Interest Through March 2, 2011 $11,368.48 Per Diem $13.52 Late Charges $93.40 Legal fees $4.790.00 22852 Cost of Suit and Title $2,069.50 Sheriffs Sale Costs $700.85 Property Inspections/ Property Preservation $150.00 Appraisal/Brokers Price Opinion $650.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,586.48 TOTAL $84,237.99 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 14, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 1 I. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Edward Guido entered an order granting Plaintiff s Motion to Reassess damages dated December 4, 2009, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "13". 22852 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: a`o? l' 10 By: ?U;K %AA-k JP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 901.34 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 22852 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff CUMBERLAND County V. No.: 2009-3341 WALTER K. RUMBEL, JR Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 22852 I. BACKGROUND OF CASE WALTER K. RUMBEL, JR executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 2004 CARLISLE ROAD, CAMP HILL, PA 17011. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The 22852 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and. in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plainti ff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 22852 also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest: to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. 22852 V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 22852 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 22852 the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 22852 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: a'dl' By: I-U Wavw ?Gwrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 22852 Exhibit "A" 22852 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R: Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563=7000 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., FAWA NORWEST MORTGAGE, INC. VS. WALTER K. RUMBEL, JR Attorney for Plaintiff Cn c:. r?. CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2009-3341 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: C o co ^_i Kindly enter judgment in favor of the Plaintiff and against WALTER K. RUMBEL, JR, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $68,620.67 Interest - 05/21/2009 to 07/07/2009 $647.52 TOTAL $69,268.19 I hereby certify that (1) the Defendant's last known CAMP HILL. PA 17011 and (2) that notice has been S 'el attached. is 2004 CARLISLE ROAD. ,rdance with Rule 237.1, copy Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jere R. Davey, Esquire 30 7auren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 0200 .-dl L 49 PHS # 22852 PROTHONOTARY Exhibit "B" 22852 Order Dismissing Case (Form ordscs) (04/10) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Walter K. Rumbel Jr. Chapter 13 Debtor(s) Case No. 1:09-bk-09477-RNO Charles J. DeHart, III (Trustee) Movant vs. Walter K. Rumbel Jr. Respondent(s) ORDER DISMISSING CASE Upon consideration of the Trustee's Motion to dismiss case and it having been determined after notice and opportunity for hearing, that the case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and is hereby dismissed. Dated: September 3, 2010 By the Court, Honorable Robert N. Opel United States Bankruptcy Judge Case 1:09-bk-09477-RNO Doc 88 Filed 09/03/10 Entered 09/03/10 08:22:20 Desc Order Dismissing Case Page 1 of 1 Exhibit "C" 22852 O O a? a a W o x? U 7 ? z? a?¢ ?a a? z=? .j n,b aoa C ,n „a zoo _ EA z? s ?o F^R 0 l6 L 3400 dIZ W08.4 a31IVW ^ U 0LOZ b4030 9SZLLZb000 9z 30 $ WL ZO F v o 53M09 h3Nlk1 Z :n C. C F LU O /? ® ? , O O cj ?,v L ?VV 4 94 yAy y A cu r 3 > 80d s3 A F b0 o <> = L ?? c .E V] V 1 G •0 C a+ ? ai E y c - f° x E v V W 'X ? v 4 ? Gam. F Z? 45 mgr° v d 7a ?: G C C > O ,.y w o m c y Si - a O .r . a > n O 'v v o° .E ¢ o o v o c '^ cw O , c o F i O 7 0\ u c , E r? 11?? •D O N ^ O s ? wL,vo°. ? Q w a ? a o G a a z ? Q a C U y ?. + E + G? O N n o E y aw L a y W ? b ? d v Y ? ? o w o a =? ro Q Z >_ z 3 V `? f^ CL N z kn Oo N U N v Q `„[ v] Or o ? E y C za ? °° M n N!a W Q N 00 N N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 14, 2010 WALTER K. RUMBEL, JR 2004 CARLISLE ROAD CAMP HILL, PA 17011 RE: WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. v. WALTER K. RUMBEL, JR Premises Address: 2004 CARLISLE ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 2009-3341 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 18, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. *aence ours, J Phelan, Esq re allinan, Esq ire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esqui' Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire 22852 Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure 22852 Tz)o OV Exhibit "D" 22852 DEC-04-2009(FRI) 13:55 Shughart Law Office pprmsal/Brokcrs Price Opinion ortguge Insurance Premium 1§ vatc Mortgage Ituurancc Suffic`ie'nt Funds Charge onse/rAJac. Credits escrow De-icit 1N'rm COURT OF CONflvrON FLEAS ClUMBERLANU COUNTY, PENNSYLV.AXLk WELLS FARGO BAND, N.A., S/B/M TO WELLS Court of Common PIrW.4 FARGO HOME NiORTGAGr,1NC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plainkil:T V. CUMBER LAND County WALTER X. RUMBEL, 7R Dcfcndant No. 2009-3341 ORDER AND NOW. this day of ly?,`2009, upon conhid=tion ofPlaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defend=t shall be :utd is hereby made absolute; and Plaintiff's Motion to Reassess D=ag,cs in the above captained matter is hereby GRAN715D. ` he Prothonotary is ordered to amend the judgment snd the Sheriff is ordered to amend the writ nunc pro tune as follows: Principal Balance Interest "Through December 9, 2009 Per Diem $13.67 Late Chargrs Legal fees Cost of Suit and Title Sheriffs Salc Costs Property Inspections/ Property Preservation r? h-- CJ ?LU w 0 paini (FRX)7172414021 P.009/009 $61,530.23 $7,123.62 $93.40 $2.440.00 $1,521.50 $0.00 $105.00 $95.00 $0.00 $0.00 ($0.00) $2,106,52 TOTAL $74,953.16 fioin Decembs-r 9, 2009 through the daw of stile at six percent pcr =um. Now The abavc figure is not a payoff, quote, Sheriffs commission is not included in the above figure. BY 'T R'1' 3. 22852 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, UP DATE: By: xb ?O&ICPIV ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93 337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua L Goldman, Esq., Id. No. 2,05047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 22852 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A : NORWEST MORTGAGE, INC. Civil Division Plaintiff : CUMBERLAND County V. No.: 2009-3341 WALTER K. RUMBEL, JR Defendant CERTIFICATION OF SERVICE 22852 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess I)a.mages, and Brief in Support thereof, were sent to the following individual on the date indicated below. WALTER K. RUMBEL, JR 2004 CARLISLE ROAD CAMP HILL, PA 17011 Phelan Hallinan & Schmieg, LLP DATE: By; ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93' 37 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 22852 DEC 2 72010 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff CUMBERLAND County V. No.: 2009-3341 WALTER K. RUMBEL, JR Defendant RULE d AND NOW, this day of a"AA" 201k, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T CO RT J. l M Jaime k08t 1ftMM yes -<> C - Lkwier C wWo6 tr Nu .j N) 4.y 22852 AFFIDAVIT OF SERVICE PLAIN'T'IFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A., SM M TO WELLS FARGO HOME MORTGAGE, INC., FIWA NORWEST MORTGAGE, INC. PHS 0 22052 DEFENDANT SERVICE TEAM/ lac WALTER K. RUMBEL., JR COURT NO.: 2009-3341 SERVE WALTER K. RUMBEL, JR AT., TYPE OF ACTION 2004 CARLELE ROAD XXX Nodce of Steal Ws Sale CAMP HUI, PA 17011 SALE DATE: 03WtAll SERVED 1 Served and made kmown to , Defendant on the J day of t&-FiNPfER.?20, --f b:l$, o'clock P. M., at i in the manna described below* r0 rza Z _/Defendant personally saved. rn ? _ Adult family member with whom Defendant(s) reside(s). rte- Relationship is o _ Adult in charge of Defendant's residence who refused to give name or relationship.` --? p - Managernerk of place of lodging in which Defendant(s) reside(s). 0 `' + _ Agent or person in charge of Defendant's office or usual place of business. o 2 =? _ an officer of said Defendant's company. o q.y Other. C? - S C Description: Age 57o" Height 66" Weight .24D Race W Sex M Other I, '2olUk-D MQ (A- , a competent adult, being duly sworn according to law, depose and stye that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manna as set forth herein, issued in the captioned case on the date and at the address indicated above. Swan to and subscribed KIMBERLY CLIRTY before me this 13-?- day NOTARY PUBLIC of Df-? • ZOjo. SI'ACF. OF NEW JERSEY Notary: By: ?(va/'// G MY COMMISS"ON EV31RES MARCH 7, 2013 NOT SERVED On _ der f , 2Q_, at _ o'clock _. M., Defendant NOT FOUND because: a _ Does Not Exist _. Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: Swan to and subscribed before me this day of By: Notary: ATTORNEY FM PLARCM I.weers T. pwrw4.ILNw mr, re.wr a ¦eier, aeF, IL Na eras Drill c. aw.cs aq, la. Nw ams nadde K aMMd4 LwF, IL Nw OW J0M T. ftNWAW, 31% x Ny XM stead L BYei,Ted,><q K WNW Jere L Dnq, err f, bL N0-KM Lr wL78t1%>014,1LNe.93W Vint 8dvadv%sy., IL Na 2=1 Jq L Je+, fed, AL Na KWy PekrJ.-- - -3 O+,KNe.GIM Arrow L 90rok 24., AIL Nw eM Jdeee tleGrirs,aq„ L Nw NW amm , , P.PDiKa'4.1LNw9*" John LGd&ww1114,1LNw11 W cowjmWL Des, aq, tL Nw 21W7f A"MW c. lee?tMl,MW IL Nw Imm at 6%dirW rta,reywr,PA ma+-1814 rainx37M 3a FILED-OFFICE OF THE PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. WALTER K. RUMBEL, JR Defendant 2011 Xf 11'1 i 13: 43 C U M B E R L C01Ui!TY i4, 1 111 PE t : „ ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 2009-3341 CERTIFICATION OF SERVICE 22852 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 23, 2011 was sent to the following individual on the date indicated below. WALTER K. RUMBEL, JR 2004 CARLISLE ROAD CAMP HILL, PA 17011 DATE: By: Phelan Hallinan & U Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 901 34 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF c T. P , Esq., Id. Noo. 322' S. H inan, Esq., Id. No. 62695 22852 w; ?, 1rc . + Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff CUMBERLAND County V. No.: 2009-3341 WALTER K. RUMBEL, JR Defendant MOTION TO MAKE RULE ABSOLUTE 22852 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 22, 2010. A Rule was issued by the Court on or about January 3, 2011 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof:, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on January 10, 2011, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 24, 2011. 22852 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phe an Hallinan & Schmieg, LLP DATE: By: k?'?1 tiy ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? drew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante; P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 22852 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No: 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff CUMBERLAND County V. No.: 2009-3341 WALTER K. RUMBEL, JR Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 22852 A Motion to Reassess Damages was filed with the Court: on December 22, 2010. A Rule was entered by the Court on or about January 3, 2011 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 10, 2011 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 24, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: (' °?? < < By:?,a?ryJ ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, :Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 aime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 22852 Exhibit "A" 22852 ? DEC 27-2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff CUMBERLAND County V. No.: 2009-3341 WALTER K. RUMBEL, JR Defendant RULE AND NOW, thisday of 201k, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. By T11 . CO: flCf J; 22852 Exhibit "B" 22852 FiLEOMOUEICE OF THE pRO` €,OSIOTAR) U, 3 Phelan Hallinan & Scl By: Lawrence T. Phela ' Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF rik WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE; INC., F/KJA NORWEST MORTGAGE, INC. Plaintiff V. WALTER K. RUMBEL, JR Defendant Court of Common Pleas Civil Division CUMBERLAND COLI[Ity No.: 2009-3 s{? a ,. CERTIFICATION OF SERVICE 22852 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 23, 2011 was sent to the following individual on the date indicated below. WALTER K. RUMBEL, JR 2004 CARLISLE ROAD J? CAMP HILL, PA 1701 L:.? Phelan Hallinan & DATE: By:'°f ce T. P ,esq., Id. No. Francis. S. I-1 inane Esq., Id. No. 62695 ] Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 []; Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, hsq., Id. No. 93337 [] Vivek ?tava Esq., Id. No. 202331 Jay b},.' t s.,13s?1., Id. No. 86657 l'i er I Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 > `Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 "Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Lk ison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 4C 22852 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: T a? " By: T ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? drew L. Spivack, Esq., Id. No. 84439 Jaime McGuimiess, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett , Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 22852 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., SB/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff CUMBERLAND County V. No.: 2009-3341 WALTER K. RUMBEL, JR Defendant CERTIFICATION OF SERVICE 22852 I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individual on the date indicated below. WALTER K. RUMBEL, JR 2004 CARLISLE ROAD CAMP HILL, PA 17011 Phelan Hallinan & Schmieg, LLP_ DATE: By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? drew L. Spivack, Esq., Id. No. 84439 J aime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 22852 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., SB/M TO WELLS CUMBERLAND COUNTY FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. No.: 2009-3341 WALTER K. RUMBEL, JR i Defendant(s) ` r? AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 38177)=ertifed Mail Return Receipt stamped by the U.S. Postal Service is attached her t H LawrenceE. 03et1h, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. ?pmano, Esq., Id. No. 58745 ? Sheeta . Shah-Jani, Esq., Id. No. 81760 ? Je ' e R. Davey, Esq., Id. No. 87077 ? auren R. Tabas, Esq., Id. No. 93-3137 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 22852 4 w £ o L6 L 3ao3dlZ wouzi a3lldw OLOZ 5LAON 99ZLLZb000 o81'£0 $ wl Zo k3mlw Mmm® c ;z O W V 0?0 H ? F o z ,?,, a C ? (=y p r4) a o ? o ? U ? U ? ? a a av o d w F ?, ? w o ? ? w o o a ? ? ?zp, a ,? UW `?C c G yp h? > dr A? w 44 rF2U0 OPo.dq fro )..4 w ?ov??oa. i a ?' v cc -,a :y...m OOA .N- ?"C4 ° Wraer Er.-yW o O r o L'' v? Ai w ?' ?; " G r ?ti. A .~. ?' pq 4? W ,?. a°` tnJ? qN owfs?w ?F+RI??fr,pG?G w .? vi ?? F ?+ W> Ao F x ,g< ap":: ° o?.wa3 c > '? p o m?""??WFa4OAq a p? r/ipy o a0ia''d U cf*-?- ova, yd? yw Cad Uv??jFxp,op?wU ?? x ?,?.?o da px< xx w•..'G'.? °= A.i 3 dN &.a }c, a p O'pp C,o UW A ?W w „ ? o +r '' [ ai o 6 °? a o, o a1 c c C) pD pQ C7 A 0 F ?, zf ?, U ?, wt. ?ra ? ? ?.Q o ? 8 ?-R1 y cr-1 ° ? as.ia.Q da,,a WO Wa'WFG4avi ?? ez?* c ?. .?ca? } 3.? w ?SF ?oUZ p 0 8 8zi, ? a a, a^oazFe°vvUno U?UUAa:?'?,'?°a:7tiF?eNi?CUW7 ? `nC5 Q"?°? M W Aiwa; ?U.? a * O y b a A VJ 0 s Q ._ aAl 7 q u?pp U M O v pO 3 0 ?!0j ? ?guo noa:. o « o E 'pO O 7 W O E m E a' dg Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO Court of Common I&eas HOME MORTGAGE, INC., F/K/A NORWEST r?n MORTGAGE, INC. rn Civil Division z? Plaintiff CUMBERLAND Co vs P C-) No. 2009-3341 WALTER K. RUMBEL, JR Defendant TO THE PROTHONOTARY: Please m r the judgment(s) satisfied and the action settled, discontinued and ended. Date: PHELAN HALLI VIEG, LLP By: Lawrence T. Phelan, Es., Id. o. 32227 Francis S. Hallinan, Esq., . No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Ju ith T. Romano, Esq., Id. No. 58745 /gheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 22852 Attomeys for Plaintiff -a, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff f- i i : y?? ,t?' o° 4aiat?tlrr/?, !i- t#¢ >f? s Ttf- 1- Jody S Smith o Chief Deputy I ALIG _5 F! e L: 3 Richard W Stewart Solicitor "UMBERL',z?U I lJl,, PENN`SYLV N! Wells Fargo Bank, N.A. vs. Case Number Walter K. Rumbel, Jr. 2009-3341 SHERIFF'S RETURN OF SERVICE 01/07/2011 11:26 AM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 2004 Carlisle Road, Camp Hill, PA 17011, Cumberland County. 01/14/2011 05:02 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Walter K. Rumbel, Jr. at 2004 Carlisle Road , Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 02/28/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney on 2/28/11. SHERIFF COST: $2,353.13 SO ANSWERS, August 05, 2011 RON R ANDERSON, SHERIFF -01) , --Tw 2 a Y9ZI) to She, ff t P t nit. li C WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff V. WALTER K. RUMBEL, JR Defendant(s) CUMBERLAND COUNTY PHS # 22852 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2004 CARLISLE ROAD, CAMP HILL, PA 17011. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) WALTER K. RUMBEL, JR Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 2004 CARLISLE ROAD CAMP HILL, PA 17011 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) APPLIED CARD BANK/ CROSS COUNTRY BANK C/O JORGE PEREIRA, ESQUIRE 101 N CEDAR CREST BLVD ALLENTOWN, PA 18104 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) FIRST FEDERAL SAVINGS AND LOAN 234 NORTH 2ND STREET ASSOCIATION OF HARRISBURG HARRISBURG, PA 17101 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2009-3341 None. 7. Name and 4ddress of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 2004 CARLISLE ROAD CAMP HILL, PA 17011 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPT. 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE P.O. BOX 8486 TPL CASUALTY UNIT WILLOW OAK BUILDING ESTATE RECOVERY PROGRAM HARRISBURG, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understangthat fals st tements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsi cation t authorities. October ?$ 2010 1 By. Att?6r4y for Plaintiff - elan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Shee 1 R. Shah-Jani, Esq., Id. No. 81760 ? J ine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of D. P. Raffensperger, Registered Surveyor, date October 9, 1945, as follows: BEGINNING at a point on the northern side of Carlisle Road, two hundred thirty-four and ninety- nine one-hundredths (234.99) feet West of the northwest corner of the intersection of Carlisle Road and 20th Street, also at the dividing line between Lots Nos. 52 and 53, Block 'A' on hereinafter mentioned Plan of Lots; thence westwardly along the North side of Carlisle Road, sixty (60) feet to a point; thence northwardly at right angles to Carlisle Road, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 45 and 53, Block 'A' on said Plan; thence southwardly along the same at right angles to Carlisle Road, one hundred twenty (120) feet to a point, the Place of BEGINNING. BEING Lot No. 53, Block'A' on Plan No. 6 of Highland Estates, said Plan being recorded in Plan Book 4, Page 110, Cumberland County records. HAVING thereon erected a one and one-half story permastone and block dwelling house TITLE TO SAID PREMISES IS VESTED IN Walter K. Rumbel, Jr., single person, by Deed from Helen J. Rumbel, widow, dated 02/25/1994, recorded 02/28/1994, in Deed Book 102, page 24. PREMISES BEING: 2004 CARLISLE ROAD, CAMP HILL, PA 17011 PARCEL NO. 13-23-0549-033 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2009-3341 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. vs. WALTER K. RUMBEL, JR owner(s) of property situate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 2004 CARLISLE ROAD, CAMP HILL, PA 17011 Parcel No. 13-23-0549-033 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $75,015.32 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2009-3341 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wells Fargo Bank, N. A. SB/M to Wells Fargo Home 11 Mortgage, Inc., F/K/A Northwest Mortgage Inc. Plaintiff (s) From Walter K. Rumbel, Jr. (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3)-Ifproperty-ofth- defendant(s) not levied-upon-an-subject-to-attachment-is-found irriheTossessio of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS74,988.16 Interest L.L. Arty's Comm % Atty Paid S Plaintiff Paid Date: November 23, 2010 (Seal) REQUESTING PARTY: Name Lauren R. Tabas, Esq. Phelan Hallinan & Schmieg, LLP Address: One Penn Center, Suite 1400 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 93337 Due Prothy $2.00 Other Costs David e rothon tary By: Deputy TRUE COPY FROM RECORD In Testimony whereof, l hero unto set my hand and the teal of said Court at Carlisle, Pa. This e9,3 day of ,7/0y-> , 20 ?y /_ ?P-rothonota On December 2, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 2004 Carlisle Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: Tjovi nlo,.W'2, 2010 By: i Real Estate Coordinator 01 :b v II Z AGM OIOZ 'J I Z r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 28, February 4, and February 11, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject inatter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L• a Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 11 da of February, 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-3341 Wells Fargo Bank, N.A. VS. Walter K. Rumbel, Jr. Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 2009-3341, WELLS FARGO BANK, N.A., S/B/M TO WELLS FAR- GO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. vs. WALTER K. RUMBEL, JR., owner(s) of property situate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being 2004 CARLISLE ROAD, CAMP HILL, PA 17011. Parcel No. 13-23-0549-033. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $75,015- .32. 50 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ?he?tatriot-lews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 1/28/11 X1110 1E1 214/11 2/11/11 I ? of a Wry of tmm6ft N0.2AD9 ......... J .. ... WEL,s FARGO & QS, N.A., S%V TO WELLS MW WW SAGE, INC., 'FXA NO WW MORTGAGE, Sworn to and ubscribed bef a is 2 da f 'February, 2011 A.D. INC. VS.' WALTER Y. RUMNI, rn - owpet(s) of *M to in LOWER ALLfN =. Cumberbnd Notary Public Cry, i'Wa'b (M) 2Apt CARU5LE ROAD, CAMP Hftl, PALM COMMONWEALTH OF PENNSYLVANIA parco P Ot 3) Nofarlel Seel MH*NTIAL I Sherrie L KWw, Notary PublIC Lower Paxton Twp., Dauphin County My Commison Kdt NCV. 28 7011, N DGWNt A)4MTn, menl7Ctrr, Finns*amia Asi lethm dr Nou"&