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PHELAN HALLINAN & SCHMIEG, LLP
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
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD CIVII, DIVISION
FOR"T MILL, SC 29715 ~ , ~'
Plaintiff, NO.: ~ 3. qa IV
vs.
BARBARA C. REIDENBACH
865 OLD TAXVILLE ROAD
YORK, PA 17404
Defendant.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan &
Schmieg, LLP and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendant, BARBARA C. REIDENBACH, is an individual whose last
known address is 865 OLD TAXVILLE ROAD, YORK, PA 17404.
~~~ s b~.~S~(
062-PA-V3 ~.-~ I d~ °~~y~
~a~~~~
3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the
Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory
Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory
Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about July 12, 2002, BARBARA C. REIDENBACH and ROBERT C.
REIDENBACH made, executed and delivered to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AEGIS MORTGAGE
CORPORATION DBA NEW AMERICA FINANCIAL a Mortgage in the original principal
amount of $117,000.00 on the premises described in the legal description marked Exhibit "B",
attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the
Recorder of CUMBERLAND County in Book 176, Page 3086. The Mortgage is a matter of
public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g),
which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those
documents are of public record.
5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded August 5,
2011, the mortgage was assigned to which Assignment is recorded in the Office of the Recorder
of CUMBERLAND County in Instrument No. 201121851. The Assignment is a matter of public
record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule
relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are
of public record.
6. BARBARA C. REIDENBACH is record and real owner of the aforesaid
mortgaged premises.
7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due June 1, 2012.
062-PA-V3
8. As of 11 /28/2012, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 95,698.55
Interest 05/01/2012 Through 11/28/2012 $ 3,776.31
Late Charges $ 153.72
Property Inspections $ 15.00
Escrow Deficit $ 1,120.31
Suspense Balance Credit $ (5.00)
Corporate Advance Credit $ (31.44)
TOTAL $ 100,727.45
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above-captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008,
and/or Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s).
9. The mortgage premises are vacant and abandoned.
10. Plaintiff hereby releases ROBERT C. REIDENBACH for the debt secured by the
mortgage.
11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
062-PA-V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of $ 100,727.45, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
Date: l n,\~
1 "`
By:
Allis~x . Wel , l~'sq., Id. No.309519
Attorne for aintiff
~l/~A- ~ ~ 11J~
062-PA-V3
Exhibit "A"
~ ~ QRk~.~
NOTE
~NOTe
J111y 12.2002 J>il~T~t PaC~sylvaaia~
!~ 1
77 W84r l~~i 3i~r A~~r PA 17072
1. 8ORRU'WRR's 1rAOMiSL TO PAY
In eiea[rn for a k+aa that J have toceived. I promise to pay U.S. S 117, 000.00 (this atnotmt u called
"Principal"), pHs ~~. to the order of the Lender, The Lcada is AEG?S ~ t~ tea
~ Arae~lcta Fitaamcial
I wtl! make all paytrteats coda this Note in the forte of cash, chock or tnaney order who ealoes this Noah by transfer and who
3 undettttand that the Landes' tray transfer this Note. 'The Linder or snyaae
is eatitkd ~ mceive payments under this Note is called "Note Holder."
>~ dly7'Ii:R>IIST interest at a
Inier+at wiA ~ a~n unpaid principal until the full amount of Principsl has beet< paid. i wr11 pay
yearly rate of 6.875 ?~L.
'I7K im~enest nb rnquir+ed by this Sectiaa 2 is the rate d wt~l pay both before and aRex any ddault described in
Section ti(B) of this Note.
3. PAYMENTS
(A) Tyne asid Plaee et P~yaseats
1 will pay principal and interest by making a payment evexy month. ,
l~will make my rrtaothly payment on the ltst day of each month bagim[in: on•~' 1, 2002 .
t virpl maloe these puymcou every month until I have paid all of the principal artd utuxes< and any athex' clurpm desgibed
below that I may owes under this Noce. F.aclt monthly paymatt will be applied as of it: sclrednied due date attd wiU be
applied to intent lxfcnt Principal. Iii on Ap~ust 1, 2032 . I still owe amounts ender this Nose. I will
PaY those amasu:i: in fitlt on riot date which is called the "Marnrity Date." io[i t~e- ]llt3Mf Attlex'1.C6t
I aiU make my monthly payments at i~S ~ t
b'isla>tiC3a1, 5208 Nest Rena, Suite 255, (~c1,aYtamti- City, C[t 73127
or u a diflienent place if required by the Noe Holder.
(B) Aotwat e+f Mntttittr Pn7aw[ts
My momhty payment wiq be in the amount of U.S. S 768.61
•{. BORROWER'S RIGHT TO P'RElAY
I have the right to mske payateats of Principd ~ any time beibrc they are due. A payaseat of Principal only is
kswwn as a "Pre~nna>st•" Vt~l[en I make a Prepayntent~ I wifl tell the Note Holder in writing that 1 am doing so. I may twt
designate a paymatt as a Prepayment if 1 have not made all the monthly payments due uakr the Note.
Initials:
~'t~t~~t~t~"~NINN'^IYr~sw.^na.~v...~..........~..._.------ ~O1W ~M~
=11rt . ~' ~e 1 st3 aaooo, ne p~ii.a.se.aShc
w..e~li.itw.eeow
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The Note Holder will
I may make a fall Prquyment or partial Pr+epeyntenb without paying a Prepayment chargt.
rase my Prepaynaetsts to reduce the amount ofPrinctpsl flea I owe under this Nota However, tbt Nok Horaq- the
Prnpaymatt ro the accrued and unpaid inkrtst on the Prepayment amount, before applying y Pr+epaY
Principe! amarum of the Note. If I make a partial Prepayment, there will be ao changes in the due date ar is lire amount of ray
monthly payment unless rho Noce Holder sgrxa in writing to t}tose changes.
5. LOAN CHARGES
If a law, which sppliea ro thin loan and which sofa maximum ban charges, is fanally interpreted so that the iater~est ar
other toga eharga collected ar to be collected in ooantetion wilt this loan exceed the permitted limits, then: (a) say such
loatt charge shall be reduced by dte amount necetmsty u raluae the charge to the parmitted limit; snd {b) any stttm already
collected from au which exceeded permitted limits will be refiutded to are. Tlu Note Holder may choose oo make this ra3ii>od
by reducing the Principal 1 owe under dtis Note or by making a dirtct psymeat ro me. if a refund redaxs Principal, the
reduction will be treated as a partial Prepayment.
6. 130RROWgR'S FAILURE TO !AY AS REQUIRED
(A} Lau Charge tar Ovtrdate Taynrents
If the Noce Holder bas not received the full amount of any monthly payment by the end of 15 calendar
days ai~er the date it is due, i will pay s late charge to the Nok Holder. The artzauaa of the elr.rge will be 5.000 Y.
of ray ovesrdue payment of principal and interest. I a-ill pay this lace charge Promptly but ora)vy once ~ each ~ psYmeat.
(B) DefiWt
If i do not pay tfie lttIl amount of each monthly payment an the date it is due, l will bt in defhuh.
(C} Nodae of Dtfadt
If I am is default, the Note Holder tray said me a written notice telling me that if l do not pay the overdue aanotmt
by a certain dace, the Note Holder may tetluine ma to pay inunediately the full atetount of Priaeipal which has cart been paid
and all rho intereu that 1 owe ear that aarotratt. 'T'hat dace moat beat kart 30 days agar the dace oa which the notice is mailed
to arse at deliveraed by other nteax~s.
(D) No Watver Ilhr Note Holder
Eves if; at a time when l am in default, dte Nova Holds dots trot require eat ro pay immediately in full as described
above, the Nora Holder will stilt lave the right to do so if l am in default at a leer tame.
(E) Payment o! Nate Holder's Cats and 87rpensea
if the Nok Holder hat required me to pay itamodiately is full as des<xsbod above, flu Note Holder will have the
right m be paid back by me for e!I of its coats and atpenaes in tnforGing this Noce m the ettterrt trot proln'bited by applicable
law. 'lltose eitptatseit include, ibr exempla. ra:aaonabk attorneys' fees.
7. G1VII~IG OF NOTYC>~
- Unless applicable law requires s different mtthod, any noti~x that must be gives ro me under this Note will be given
by delivering it or by rraailirtg i< by fast class mail ua meat tht Property Addrem above ar ~ a different sddrosa if I give the
Nate Holder a ootico of sty difl~erent address.
Aqy notice that tnuat be given to ttu Nott Holder trader this Nox wilt be given by delivering it or by marling it by
first trees mail ro the Noot Holder at the address stated in Section 3(A) about or at a difforerq address if I am given a notice
of that difil;reett addr+oss.
8, OBLIGATIONS OF tERSON3 UNDER THIS NOTE
if more than one person signs this Nato, each person is fully sad persoasally obligated to troop all of the praasaises
made is this Hoot, including the promise oo pay the full amount owed. Any person who is a guarantor, surety ar endorsor o£
this Nate is also obligated to do these things. Any petuoaa wren talaes ova there obligatleras, including dx obiigatiams of e
gumntor, surety a atdoraaer of thin Note. is also obligated to leap all of the pratanisex made is this Note. Tie Note Holder
may en6orce its rights under this Note agaaut each ptxaon iradividarally or against all of ua together. This means that say one
of ua may be required ro pay all of the amounts owed ua~r Chia Nola.
Initistai:
slake !rani Rsit NMt-Bide Fnmilf~--F~wie ~If~'~die Mee UNIF~ORIN iN3rRUat~ri torn sew ~anri
-T116C~..ca~W~.m~ t~ ~~~ ~2af3 isanawaae
~uYa0. Y'ie e~s.pliuee Ieoes, lot
'ti l
9, WAIVERS
I and any other person who has obligations uadtr this Noce waive the rig>us of praaattneWt and Notitx of Dishonor.
'Treserttmsnt" mans the right to rtgnire tht Nott Holder to demand psymeat of amount dun "'Notice of Diahono~' mans
the right to roquire the Note Holder to give notice to other puBOns that amorants due have not born paid.
I0. UNIFORM S&CURLD NDTE
This Noce is a uniform ;mtrument with limited variatior~ in some jurisdictions. Ln addition to the pt ~Mns 1~~
to the Noce Hokin carder thin Nate. a Adortgage. Doed of Trust, or Sacuriry Deal {tht "Security In~ru~t'7,
date as this Note, protects the Noce Holder from possible losses wltidt might re~ttt if 1 do trot keep the promises which i
makt in this Note. That Scattily Insmunent deaeribes how and uatder what conditions I may be rrgttir~ed to make irnmediatt
payntertt is full of all amo»nta I owe under this Note. Some of those conditions are described as faitows:
If all or any part of the Property or any Interest in the Property is sold or transferred {err if
Borrower is not a Walrus! person and a ttemeSvial inttreat in Borrower is Gold or trartaferrnd) wit}aut
Lender's poor wrtt0an eottseett, Leadar >nxY requite immediate payrnent in 1Ul1 of alt awns secured by this
Blearily Instntrnertt. gowever, this option shall not be exercised by Lender if such aterciae is prolnbited
by Applicable Law.
If Lender eaertises thin option, Lender shall give Borrower notice of trceekxatioa The aotiar
ahsl! provide a period of not less then 30 days from the date the votive i< liven M ae°°rdas>a'"ith Section
15 within which Borrower m»st pn+ all suttta secured by this Blearily Iastetttrtts-t. If Homower fins to pay
these artms prior to the eatpitation of this period, Lender may invoke any remedies permitted by this
Sean~ity Insttumatr without Nrther Wotice or demand on 1orrower.
WTI'NESS THE HAND(S) AND SEAL{S) OF THB UND&RSIGNED.
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.tiarower
PAY TO THE ORDT~t OF
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~SYgtr lAiginal o~lyJ
ipITHOUT REQOURSB
AEC~ts MoRTCACS coRPaRA~oN
DBA NBW AMERICA FINANCIAL
~~ Z. Taoc~®ck
cret~y
leple INerilrtdatte Mee ifHtPORM 1 Ree~a 3]911 ~1At
Ma~tlaaree 3ttre Ibae NNs--ii~be Ferd1Y- ~ 3 ed 3 ~naetu arse
TpE COMMA ~, ~~ ~ oxoo. h~ r,.ne. uK
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Exhibit "B"
LECAL DESCRIPTION
ALL THAT CERTAIN lot of ground, situate on the South side of the Village of New
Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described
as follows:
BOUNDED on the North by the Callisle-Harrisburg Turnpike; on the East by property now or
formerly of Mary C. Brownawell; on the South by an alley; and on the West by property now or
formerly of Elizabeth Otto.
SAID lot of ground having a tiontage on the said Carlisle-Harrisburg Turnpike of 30 feet 8
inches, more or less, a width in the rear along said alley of 28 feet 10 inches, more or less, and a
depth of one hundred eighty-three (183) feet, more or less.
BEING known and numbered as 77 Main SU-eet.
BEING THE SAME PREMISES which Stephen L. Wiest and Debra L. Wiest, husband and
wife, by Deed dated August 11, 1987 and recorded August 20, 1987 in the Office of the
Recorder of Deeds in and for Cumberland County in Deed Book W, Volume 32, Page 655,
granted and conveyed unto Clyde Swartz and Rosemary J. Swartz, husband and wife.
PROPERTY ADDRESS: 77 WEST MAIN STREET, NEW KINGSTOWN, PA 17072
PARCEL # 38-19-1621-059
Pile #: 309R06
VERIFICATION
Darren Britt ,hereby states that h~e'she is Vice President Loan Documentation of WELLS
FARGO BANK, N.A., plaintiff in this matter, that~i~'she is authorized. to make this
Verification, and verify that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of ii er information and belief. The
undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unsworn falsification to authorities.
~ ~,~
Name: Darren Britt
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 12/26/2012
086-PA-V2 File# 309806
FORM 1
IN THE COURT OF COMMON PLEAS ~;,
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNS~VA~IA _E~
Plaintiff(s) ~, _.~
..~. w
C~ +.'.~'~'#
VS. ~ ~ 1 x*. f.._
BARBARA C. REIDENBACH _., ~~
Defendant(s) ~- ~a Civil ~~ ~ ~ -~
~b ~c
NOTICE OF RESIDENTIAL MORTGAGE FORECL~~1R~ ~'~
:~
DIVERSION PROGRAM ~` -~
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (7 ] 7) 2439400
extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide thelegal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative wll prepare and a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your.lawyer with all requested financial information so that a lan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with yourlender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectful
Date
Viso .Wells, Esq., Id.
No.309519
Attorney for Plaintiff
~~ ~~~IJ~ ~~~~~
FORM 2
Date
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
How long?
State: Zip:
Yes ^ No ^ Listing date: Price: $
Realtor Phone:
Yes ^ No ^
Home:
Cell:
State: Zip:
How long?
Home:_ _ Office:
Cell: Other:
State: Zip:
Date You Closed Your Loan:
Total Mortgage Payments Amount: $
Date of Last Payment:
Included Taxes & Insurance:
Office:
Other:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ^ No ^
• . ~ If yes, provide names, location of court, case number & attorney:
Assets
Home:
Other Real Estate
Retirement Funds
Investments:
Checking:
Savings:
Other:
Automobile #1: Model:
Amount owed:
Automobile #2: Model:
Amount owed:
Amount Owed:
$ -
$ _
$ _
Value:
Year:
Value:
Value:
Year:
Other transportation (automobiles boats motorcycles) Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
' • Monthly Gross Monthly Net
~• Monthly Gross Monthly Net
3• Monthly Gross Monthly Net
Additional Income Description (not wages):
1 monthly amount: _
2• monthly amount:
Borrower Pay Days:
Co-Borrower Pay Days:
Monthly Expenses• (Please only include expenses you are currently paying)
EXPENSE
AMOUNT EXPENSE AMOUNT
Mort a
e Food
2° Mort
a e Utilities
Car Pa ment s)
Auto Insur Condo/Nei h. Fees
ance
Auto fuel/r
i Med. (not covered
e a
rs Other ro a ment
Install. Loan Pa ment Cable TV
Child Su
t/Ali
or
m. S endin Mone
Da /Child Care/Tuft. Other Ex enses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ^ No ^
If yes, please provide the following information:
Counseling Agency:
Counselor:
rnone ~~tr~ce): Fax:
.y
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ^ No ^
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ^ No ^
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
I/We,
authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature
Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
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 MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
(800)990-9108
File #: 309806
PHELAN HALLINAN, LLP fl � Fo� Itorney for Plaintiff
Zachary Jones, Esq., Id. No.310721
1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza F`N N S Y L-VA N I A
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK,N.A. CUMBERLAND COUNTY
VS. COURT OF COMMON PLEAS
BARBARA C.REIDENBACH CIVIL DIVISION
No. 13-92-CIVIL
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 BARBARA C.
REIDENBACH,Defendant 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 $100,727.45
TOTAL $100,727.45
I hereby certify that(1)the Defendant's last known addresses are 865 OLD TAXVILLE
ROAD, YORK, PA 17404-4826 and 77 WEST MAIN STREET, NEW KINGSTOWN, PA
17072, and (2)that notice has been given in accordance with Rule Pa.R. P 237
Date ,/ /r3
Zac y s, q., Id. No.310721
rn P in
DAMAGES RE EREBY ASSESSED AS INDICATED.
DATE: -01L-2 w
PHS#309806 PROTHONOTARY
0 e I I��s�o f 0
PHELAN HALLINAN, LLP Attorney for Plaintiff
Zachary Jones, Esq., Id. No.310721
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK,N.A. CUMBERLAND COUNTY
VS. COURT OF COMMON PLEAS
BARBARA C.REIDENBACH CIVIL DIVISION
No. 13-92-CIVIL
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the 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 BARBARA C. REIDENBACH is not in the Military or
Naval Service of the United States or its Allies, or otherwise within the provisions of the
Servicemembers Civil Relief Act of Congress of 1940, as amended.
(b) that defendant BARBARA C. REIDENBACH is over 18 years of age and the
last known addresses of the defendant are 865 OLD TAXVILLE ROAD, YORK, PA 17404-
4826 and 77 WEST MAIN STREET, NEW KINGSTOWN, PA 17072.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date �[ 15—
4eyainti . No.310721
309806
Department of Defense Manpower Data Center Results as of:Mar-18-201312:05:16
SCRA 3.0
su
Purs18d to Sluvkmembers Civil Reif Ad
Last Name: REIDENBACH
First Name: BARBARA
Middle Name: C
Active Duty Status As Of: Mar-18-2013
o
NA NA
NA
F ,
nar+ tsutco �s• + �' x§
This response raft 'p dyy etl 0 on _,Status Date
ITIMM
NA . M
NA
This response reflects ;�I al left"a spa
nd4tiMu ays precedk the,. ,ry Status Date
NA
NA
Ttt s response rell whetter has 'a report for active duty
r
71 001 A:
Upon searching the data banks of the Department of Defense Man on the Information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty,
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Alavt f
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
Department of Defense Manpower Data Center Results as of:Mar-18-2013 12:05:15
SCRA 3.0
Pwnm&to Samcmimbim Qvfl Rehief A
Last Name: REIDENBACH
First Name: ROBERT
Middle Name: C
Active Duty Status As Of: Mar-18-2013
NA ANA rte; '�' "''
4�s �_ '� NA
This response re �ac)�(e duly stgrtus'bgsed on"' 'Status Date
ter'
NA T ,�.;n. 1A NA
This response reflects 51nd ual left a ,s�9�r?T'Iays preo "q t j ty Status Date
WWWA ss>z W
NA NA
This response reflects whether report for active duty
Upon searching the data banks of the Department of De fense Man powe on the Information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Aut rrr�i IL
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
(Rule of Civil Procedure No. 236) - Revised
WELLS FARGO BANK,N.A. CUMBERLAND COUNTY
VS. COURT OF COMMON PLEAS
BARBARA C. REIDENBACH
CIVIL DIVISION
No. 13-92-CIVIL
Notice is given that a Judgment in the above captioned matter has been entered
against you on
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Zachary Jones, Esq., Id. No.310721
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
ANY INFORMATION OBTAINED 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.**
309806
Y
Y
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff
V, CIVIL,DIVISION
BARBARA C.REIDENBACH
Defendant NO. 13-92-CIVIL
CUMBERLAND COUNTY
TO: BARBARA C.REIDEN13ACH
865 OLD TAXVILLE ROAD
YORK,PA 17404-4826
DATE OF NOTICE: E
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 AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE 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
IMPORTANT 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 BAR
Cumberland County Courthouse ASSOCIATION
I Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
17)249-31.66
By:
Esq.,Id.No.310721
f Igintiff
]roan,LLP
;1` ;,7 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PHS#309806
WELLS FARGO BANK,N.A_ COURT OF COMMON PLEAS
Plaintiff
V. CIVIL DIVISION
BARBARA C.REIDENBACH
Defendant NO. 13-92-CIVIL
CUMBERLAND COUNTY
TO: BARBARA C.REIDENBACH
77 WEST MAIN STREET
NEW KINGSTOWN,PA 17072
DATE OF NOTICE: /i� zr5
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 AGAINST
PROPERTY,
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE 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
IMPORTANT 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 BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
By:
Id.No.310721
A P<in f'f
l ll:n jP
1617 Beau evard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PHS#309806
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
V.
NO.: 13-9_ CIVIL
BARBARA C.REIDENBACH
Defendant(s)
CUMBERLAND COUNTY
To the Prothonotary: cs
Issue writ of execution in the above matter: rnW r—j
rn �-
�
Amount Due $100,727.45 CD
�-- —a ge t
Interest from 03/20/2013 to Date of Sale 2 798.64 _'k-
C:)($16.56 per diem) C'
TOTAL `
$103,526.09
LA=_�
Phelan Hallinan,LL
Melissa J.Cantwell,Esq.,Id.No.308912
Attorney for Plaintiff
Note: Please attach description of property.
PHS#309806
4a8.50 PD Alr/
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A.
Plaintiff
V.
BARBARA C.REIDENBACH
Defendant(s)
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
filed:
Address where papers may be served:
BARBARA C.REItWENBACH
Pl tap H n,I LP 865 OLD TAXVILLE ROAD
Melissa J.Cantwell;Esq.,Id.No.308912 YORK,PA 17404-4826
Attorney for Plaintiff
PHELAN HALLINAN, LLP F.11_ [ ' ti (,` Attorneys for Plaintiff
Melissa J. Cantwell, Esq., Id. No.308912 f! THE PRGT!�0 ;t_' f,".1617 JFK Boulevard, Suite 1400
One Penn Center Plaza 2013 MAP 28 AM 11: 2
Philadelphia, PA 19103 CUMBERLAND COUNTY PENNSYLVANIA
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
V.
NO.: 13-92-CIVIL
BARBARA C.REIDENBACH
Defendant(s)
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
(X) the premises is vacant
( ) Act 91 procedures have been fulfilled
( ) Act 91 is Not Applicable pursuant to Pa Bulletin,Doc No 11-1197,41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to
authorities.
By.
Phelan Hallinan,
Melissa J.Cantwell,Esq.,Id.No.308912
Attorney for Plaintiff
WELLS FARGO BANK,N.A. t COURT OF COMMON PLEAS
Plaintiff THE Pn(?T1"Otrt J f
CIVIL DIVISION
V. 2013 MAR 28 AM 11: 25
CUMBERLAND COUNTY NO.: 13-92-CIVIL
BARBARA C.REIDENBACH
Defendant(s) PENNSYLVANIA •
,
CUMBERLAND COUNTY
PHS#309806
AFFIDAVIT PURSUANT TO RULE 3129.1
WELLS FARGO BANK,N.A.,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 77 WEST MAIN STREET,NEW
KINGSTOWN,PA 17072.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
BARBARA C.REIDENBACH 865 OLD TAXVILLE ROAD
YORK,PA 17404-4826
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
BARBARA C.REIDENBACH 865 OLD TAXVILLE ROAD
YORK,PA 17404-4826
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)
None.
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
None. reasonably ascertained,please indicate)
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
reasonably ascertained,please indicate)
None.
r
W T 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 77 WEST MAIN STREET
NEW KINGSTOWN,PA 17072
COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ.
BUREAU OF INDIVIDUAL TAXES DEPT 280601
INHERITANCE TAX DIVISION HARRISBURG,PA 17128
DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486
CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING
PROGRAM HARRISBURG,PA 17105
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 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108.1754
FEDERAL BUILDING
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 to authorities.
Date: Z B
Phelan Hallman,LLP
Melissa J.Cantwell,Esq.,1d.No.308912
Attorney for Plaintiff
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
VS. NO.: 13-92-CIVIL
BARBARA C.REIDENBACH '
Defendant(s) CUMBERLAND ( UNZY
cx► M rn- .
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY `qtr co
L A Ors
TO: BARBARA C.REIDENBACH '
865 OLD TAXVILLE ROAD—, t= '
YORK,PA 17404-4826
CA
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
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 77 WEST MAIN STREET,NEW KINGSTOWN,PA 17072 is scheduled to
be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse,South
Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$100,727.45 obtained by WELLS FARGO
BANK,N.A.(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 lot of ground, situate on the South side of the Village of New
Kingstown, Silver Spring Township, Cumberland County,Pennsylvania, bounded and described
as follows:
BOUNDED on the North by the Carlisle-Harrisburg Turnpike; on the East by property now or
formerly of Mary C. Brownawell; on the South by an alley; and on the West by property now or
formerly of Elizabeth Otto.
SAID lot of ground having a frontage on the said Carlisle-Harrisburg Turnpike of 30 feet 8
inches, more or less, a width in the rear along said alley of 28 feet 10 inches, more or less, and a
depth of one hundred eighty-three (183)feet, more or less.
TITLE TO SAID PREMISES VESTED IN Robert C. Reidenbach and Barbara C. Reidenbach,
h/w, by Deed from Clyde Swartz and Rosemary J. Swartz, h/w, dated 04/08/1993,recorded
04/12/1993 in Book F-36,Page 418. The said Robert C. Reidenbach departed this life on or
about 10/15/2008,Barbara C. Reidenbach became the sole owner of the premises as surviving
tenant by the entireties.
PREMISES BEING:77 WEST MAIN STREET,NEW KINGSTOWN,PA 17072
PARCEL NO.38-19-1621-059
SHORT DESCRIPTION
By virtue of a Writ of Execution NO. 13-92-CIVIL
WELLS FARGO BANK,N.A.
vs.
BARBARA C.REIDENBACH
owner(s)of property situate in SILVER SPRING TOWNSHIP, Cumberland County,
Pennsylvania,being
(Municipality)
77 WEST MAIN STREET,NEW KINGSTOWN,PA 17072
Parcel No.38-19-1621-059
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
JUDGMENT AMOUNT: $100,727.45
Phelan Hallinan,LLP
Attorney for Plaintiff
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
215-563-7000
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 13-92 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt,interest and costs due WELLS FARGO BANK,N.A., Plaintiff(s)
From BARBARA C.REIDENBACH
(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
GARNISHEES)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: $100,727.45 L.L.: $.50
Interest from 3/20/13 to Date of Sale($16.56 per diem) -- $2,798.64
Atty's Comm: Due Prothy:$2.25
Atty Paid: $216.75 Other Costs:
Plaintiff Paid:
Date:3/28/13
David D.Buell,ProthonotaDL
(Seal)
Deputy
REQUESTING PARTY:
Name: MELISSA J.CANTWELL,ESQUIRE
Address: PHELAN HALLINAN,LLP
1617 JFK BOULEVARD,SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA,PA 19103
Attorney for: PLAINTIFF
Telephone:215-563-7000
Supreme Court ID No.308912
AFFIDAVIT OF SERVICE(FNMA)
PLAINTIFF CUMBERLAND COUNTY
WELLS FARGO BANK,N.A.
• PHS#309806
DEFENDANT SERVICE TEAM/lxh
BARBARA C.REIDENBACH COURT NO.:13-92-CIVIL
SERVE BARBARA C.REIDENBACH AT: TYPE OF ACTION
865 OLD TAXVILLE ROAD XX Notice of Sheriff's Sale
YORK,PA 17404-4826 SALE DATE: September 4,2013 G
w „n,
SERVED/
Served and made known to BARBARA-C.REIDENBACH,Defendant on the ay of 0 O
�--ffeiend'ant o ock P.M.,at Svc �b>in the manner described belo personally served. D C)-n
XAdult family member witNwho De endant(s)resi e(s). �O =F
Relationship is Gk?1C /t,� .• ---tr'�
Adult in charge of Defendant's residence who refund to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s)reside(s). -�
w
Agent or person in charge of Defendant's office or usual place of business.
_ an officer of said Defendant's company.
_Other:
Description: Age. �S Height n/ Weight Race UL Sex k7l Other
1, I - S , a competent adult,hereby verify that I personally handed a true and correct copy of the
Notice of S eriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement'is made subject to th en ]ties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
2 9
DATE: 17 NAME: Qr
PRINTED NAME: �1 (",q� dN0
TIME C-s S -Oe rye d—
f
NOT SER D
On the day of 20_,at o'clock_.M.,I, a competent adult hereby
state thatteefendant T OU because:
Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant)
No Answer on at Y , at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan,LLP
1617 1FK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
(215)563-7000
AFFIDAVIT OF SERVICE(FNMA)
PLAINTIFF CUMBERLAND COUNTY
WELLS FARGO BANK,N.A.
PHS#309806
DEFENDANT SERVICE TEAM/lxh
BARBARA C.REIDENBACH COURT NO.:13-92-CIVIL
SERVE BARBARA C.REIDENBACH AT: TYPE OF ACTION
77 WEST MAIN STREET XX Notice of Sheriffs Sale c') r 3 'C;�
NEW KINGSTOWN,PA 17072 SALE DATE: September 4,2013 C
t�`I W �► �"r;
SERVED
Served and made known to BARBARA C.REIDENBACH,Defendant on the L day of ��f�D
3X-51 o'clock--P.M.,at '(.S S in the manner described beldw: �� � ��
_Defendant Xrrsonally se v d. p -�
Adult family member with w om Defendant(s)reside(s . t
Relationship is ��- —« C�aL'��t��n�-� �C ,� �rrr
_Adult in charge of Defencant's residel who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s)reside(s). tv
_Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
Other:
Description: Age 30 Height r Weight Race VV Se Other
I e11 "i r Y, a competent adult,hereby verify that I personal] handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to
unsworn falsification to authorities. e)
DATE: ( NAME: J
PRINTED NA E: W6`y
TITLE: en C-C
NOT SERVED
On the day of 20 at o'clock_.M.,1, a competent adult hereby
state that Defendant lTOT l-because:
_Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant)
No Answer on at at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
(215)563-7000
v�
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Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.20878 fi
c��AND C01 A%ORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 �'�`��p ��ta�YLd�K1A
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
V. ;
CUMBERLAND County
BARBARA C. REIDENBACH
No.: 13-92-CIVIL
Defendant
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on January 7,
2013.
2. Judgment was entered on March 19, 2013 in the amount of$100,727.45. A true
and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked
as Exhibit"A".
3. 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. The Property is listed for Sheriffs Sale on September 4, 2013.
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5. 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 $95,698.55
Interest Through July 5, 2013 $7,747.88
Late Charges $153.72
Legal fees $1,650.00
Cost of Suit and Title $606.08
Property Inspections $15.00
Property Preservation $2.26
Escrow Deficit $1,560.18
Suspense/Misc. Credits ($5.00)
TOTAL $107,428.67
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. 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.
8. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
9. 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 July 17, 2013 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`B".
10. No judge has previously entered a ruling in this case.
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan,LLP
DATE: Z By:
J squire
ATTORNEY FOR PLAINTIFF
803568
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
BARBARA C. REIDENBACH
No.: 13-92-CIVIL
Defendant
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
BARBARA C. REIDENBACH and ROBERT C. REIDENBACH, DECEASED 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 77 WEST MAIN STREET,NEW
KINGSTOWN, PA 17072. 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.
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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.
11. 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. 20P.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
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,Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d
826 (1939). Because ajudgment 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
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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
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.
111. 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
803568
Discount Company v. Babuscio, 257 Pa. Su per 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. PaR.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.
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.
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VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney 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). The Superior Court cited Fewer 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). Plaintiff's legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
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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 Sheriff's 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
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.
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V111. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender
may do, or pay for, whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest in the property, including property inspections and valuation
costs.
When a loan is in default,the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises,then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing, removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as"property preservation". These services avoid code
violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract,
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Since the terms of the mortgage provide that such expenses by the mortgage company become
part of the borrower's debt secured by the mortgage,those expenses are properly included in the
Plaintiff s Motion to Reassess Damages.
IX. 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.
WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan an,LLP
DATE: By
eaJthan'M. Etkowicz,Esquire
rney for Plaintiff
803568
Exhibit "A"
803568
r
PHELAN HALLINAN,LLP Attorney for Plaintiff
Zachary Jones,Esq.,Id. No.310721
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza G
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. C1LAND COUNTY
VS. COURT OF COMMON PLEA o �'
BARBARA C.REIDENBACH CIVIL DIVISION xr►, a' rn�=
�= ;V
No.13-92-CIVIL
maC-) z ��
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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 RAWWkA C.
REIDENBACH,Defendant for failure to file an Answer to P=r-e
plaint within 20 days
from service thereof and for foreclosure and sale of the m ses,and assess
Plaintiff's damages as follows: Qe
As set forth in Complaint $100,727.45
TOTAL $100,727.45
I hereby certify that(1)the Defendant's last known addresses are 865 OLD TAXVILLE
ROAD,YORK,PA 174044826 and 77 WEST MAIN STREET,NEW KINGSTOWN,PA
17072, and(2)that notice has been given in accordance with Rule Pa.R. P 23
Date
��Wr .,Id.N o.310721
ff
DAMAGES ARE REBY ASSESSED AS INDICATED.
DATE:
J,
PHS A 309806 PROTHONOTARY
309806
Exhibit "B"
803568
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan,LLP Representing Lenders in
Pennsylvania
July 17,2013
BARBARA C. REIDENBACH
865 OLD TAXVILLE ROAD
YORK,PA 17404-4826
RE, WELLS FARGO BANK,N.A.v. BARBARA C.REIDENBACH
Premises Address: 77 WEST MAIN STREET NEW KINGSTOWN,PA 17072
CUMBERLAND County CCP,No. 13-92-CIVIL
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), 1 am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment.Please
respond to me within 5 days,by 7/23/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
VI
y,
ludl ai.. Etkowicz,Esq.,Id.No.208786
Attorney for Plaintiff
Enclosure
803568
Name and Phelan Hallinan,LLP
�ddress 1617 JFK Boulevard,Suite 1400
Of Sender One Penn Center Plaza °
Philadel hia,PA 19103 N
1 ine Article Numher Name of Addresse Street and Post Office Address
M M�y n
1 BARBARA C.REIDENBACN Posta a h I O
8650 TAXVILLE ROAD 50.45 u1 44
YORK PA 17404-4826
2
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77 WEST MAIN STREET .
50.45 �, "
NEW KINGSTOWN PA 17072 j s No°°
3 «'"' BARBARA C.REID.ENBACH
PO BOX 434
$0;45
NEW KINGSTOWN,PA 17072 0434
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Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
BARBARA C. REIDENBACH
No.: 13-92-CIVIL
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individual on the date indicated below.
BARBARA C. REIDENBACH BARBARA C. REIDENBACH
865 OLD TAXVILLE ROAD 77 WEST MAIN STREET
YORK, PA 17404-4826 NEW KINGSTOWN, PA 17072
BARBARA C. REIDENBACH
PO BOX 434
NEW KINGSTOWN, PA 17072-0434
Phelan Hallman,LLP
DATE: By: —
a an M. Etkowicz,Esquire
A TORNEY FOR PLAINTIFF
803568
o
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
WELLS FARGO BANK, N.A. Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
BARBARA C. REIDENBACH
No.: 13-92-CIVIL
Defendant
RULE
r
AND NOW, this 30 day of 2013, 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 shall have twenty (20) days from the date of this Order to file a response 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 THE OURT
J.
e
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n1tl�1�5Nd
J �.
1
803568
Jonathan M.Etkowicz,Esq.,Id.No.208786
.Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
TEL: (215)563-7000
FAX: (215)563-3459
v/BARBARA C. REIDENBACH ,,-BARBARA C.REIDENBACH
865 OLD TAXVILLE ROAD 77 WEST MAIN STREET
YORK,PA 17404-4826 NEW KINGSTOWN,PA 17072
BARBARA C. REIDENBACH
PO BOX 434
NEW KINGSTOWN,PA 17072-0434
-803568
803568
i
Fli --D-OFFICE
CF TIiF. PROTHBOTAR`i'
2013 AUG --7 AMID: 19
PHELAN HALLINAN,LLP Attorney for Plaintiff
Adam H.Davis,Esq.,Id.No.203Q361 BERLAND COUNTY
1617 JFK Boulevard,Suite 1400 R,ENNSYLVANIA
One Penn Center Plaza
Philadelphia,PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A. CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
V.
CIVIL DIVISION
BARBARA C.REIDENBACH
Defendant(s) No.: 13-92-CIVIL
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2
COMMONWEALTH OF PENNSYLVANIA )
PHILADELPHIA COUNTY ) SS:
As required by Pa. R.C.P. 3129.2(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 3817) and/or Certified Mail Return
Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A".
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Date: v
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.
PH#803568
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line Artiele Number Name of Addressee Street,and Post Offieo Address Po:tnge Cw`fi
I "a' TFNANTIOCCUPANT $0,45 A^ "
77 WEST MAIN STREET
NEW TONGS7OWN.PA 17072 t'
2 "'"` CON MON'sVF'ALTH Of PENNSYLVANIA B'URFAU OF MDIVJDUAI,TAXES INHFRrrANCF TAX $0.45
DIVISION
6TH FLOOR,STRAWBRRRT SQ. Ncs3
DEPT 280601
HARRISBURG PA 17128
3 *"' DEPARTMENT OF PUBLIC WELFARE,TPL CASUALTY UNIT,ESTATE RECOVERY I'ROGRAAl $0.15
P.O.BOX 8486
WILLOW OAK BUILDING
HARRISBURG PA 17105
4 DOMESTIC RELATIONS OF $0,45 ✓!.
CUMBERLAND COUNTY ,
13 NORTI]HANOVER STREET ,
CARLISLE,PA 17013
5 "•R' COMMONWEALTH OF PENNSYLVANIA SOAS
DEPARTMENT OF WELFARE . .
s T.O.BOX 2675
HARRISBURG,PA 17TO9.
6 •"•" INTERNAL REVENUF,SERVICE ADVISORY $OAS
1000 LIBERTY AVENUE ROOM 704
PI BURGII,PA 15222
7 •*". U.S.DEPARTMENT OFJUSTICE $OAS
U.S.ATTORNEY FOR TIIE MIDDLE DISTRICT OF FA.
FEDERAL BUILDING
228 WALNUT STREET,SUITE 220
PO BOX 11754
HARRISBURG 1'A 17108-1754
+ ,RE:BARBARA C:REMFNBACH(CUMBERLAND) PHS#309806/102( Page I of I Writ $3.15
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Address 1617 JFK Boulevard,Sjiw 1400 L'a,
Of Crider One Pcnn Center Plam i
Philadelphia,PA 191103 KVM Q
Line Article Number Name of Addresser Street and Post Office Address
1 •... BARBARA C.REIDENDACII SO•d-`
865 OLD TAXV ILLE ROAD r
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YORK,PA 17404-4826
BARBAR1 C.REfNBACH 2 $0,45
77 WEST WAIN STREET
NEW KINGSTOWN PA 17072
3 **"* BARBARA C.RF,IDENNACH SO.45
PO BOX 434
NEW KINGSTOWN PA 17072-0434
RE:BARBARA C.REIDENBAC£1 CUMBERLAND PH q 80356811200 PR e I or i Sias ,r
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Form 3877 Facsimile ri
803568
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, N.A. • Court of Common Pleas
•
Plaintiff
• Civil Division
vs.
CUMBERLAND County
•
BARBARA C. REIDENBACH
• No.: 13-92-CIVIL
•
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's July 30, 2013 Rule directing
the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be
granted was served upon the following individual on the date indicated below.
BARBARA C. REIDENBACH BARBARA C. REIDENBACH -
865 OLD TAXVILLE ROAD 77 WEST MAIN STREET
YORK, PA 17404-4826 NEW KINGSTOWN, PA 17072
ca
BARBARA C. REIDENBACH
POBOX434
NEW KINGSTOWN, PA 17072-0434
Phelan Hallinan, LLP
DATE: V-7//3 B m il i
Y t
J,,nat.. M. tkowicz, Esq., Id. No.208786
orney for Plaintiff
803568
•
41►,
,,
=iLZ 0-01 9 !G
Ji 6 j1E PRO HONOTAR ;
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174 , AUG ;� ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia, PA 19103
Jonathan.Lobb @phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
VS. :
CUMBERLAND County
BARBARA C. REIDENBACH
No.: 13-92-CIVIL
Defendant
MOTION TO MAKE RULE ABSOLUTE
WELLS FARGO BANK,N.A., by and through its attorney, hereby petitions this
Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in
support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on July 29, 2013.
2. 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 July 17, 2013 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the
Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and
certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A.
3. A Rule was issued by the Honorable Kevin A. Hess on or about July 30, 2013
directing the Defendant to show cause by August 19, 2013 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 B.
4. The Rule to Show Cause was timely served upon all parties on August 7, 2013 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 C.
803568
5. Defendant failed to respond or otherwise plead by the Rule Returnable date of
August 19, 2013.
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff s Motion to Reassess Damages.
Phelan Hallinan, LLP
DATE: . !0&2�,C3 By:
athan Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
803568
Exhibit
"A"
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan,LLP Representing Lenders in
Pennsylvania
July 17,2013
BARBARA C. REIDENBACH
865 OLD TAXVILLE ROAD
YORK,PA 17404-4826
RE: WELLS FARGO BANK,N.A.v. BARBARA C.REIDENBACH
Premises Address: 77 WEST MAIN STREET NEW KINGSTOWN,PA 17072
CUMBERLAND County CCP,No. 13-92-CIVIL
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 7/23/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Ve- t:" Y yo
onath,n M.. Etkowicz,Esq.,Id.No.208786
Attorney for Plaintiff
Enclosure
803568
Name and Phelan Hallinan,LLP
Address 1617 JFK;Boulevard,Suite.1400 N
bf Sender One Penn Center PlaY,a
Philadelphia.PA 34103 KVM s
Line Article"Number Name of Addressee Street and Post Office Address Postage
I *"' BARBARA C,REIDENBACH $0.45 41� 4 o,
86'5 OLD TAXV ILLS ROAD !
.**+ YORK PA:17404-4826 0.45 o
2 BARBARA C.REIDENBACH $ t attrT�+
77 WEST MAIN STREET "°
NEW KINGSTOWN,PA 17072
3 •►rr BARBARA C.REIDENBACH $0.45
PO BOX 434
NEW KINGSTOWN PA 17072-0438
RE:BARBARA C,REIDENBACH(CUMBERLAND), PH#80356811200 1'a e N oral $1.35
ToW Nw tvt of Ttaf A`nrnher oCPicas rkntmuta,Per(Ntunc of Tte futi dectrn¢ oCtalx is re�uitcd on ilt dautestk uY!finentuionat uSisseraf m�ii Tfx mpx�Mrf `
;Pioces Listed by Sa+da Rtttixd u 7'MS O(fioe, Rtoeicing 01puryoe) fm ox,tecomm ion or normelow bit dmumtrfS cnd..Vxprc Mil document resonivoa on W%
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R"DS4t3 Wd S921 fas#'mtftsdions 2ES%_V . !I
Form 3877 Facsimile
i
Jz '.
803568 „'
Exhibit "B"
IN THE COURT OF COMMON PLEAS OF C:CTM13ERLA.ND COUNTY
PENNSYLVANIA
WELLS FARGO BANK,N.A. Court of Common fleas
Plaintiff'
Civil.Division
V.
C;L)MBERLAND County
BARBARA C. .l2EIDENBAC1-I
No.: 0-92-CIVIL
Defendant
RULE
AND NOW,this day o:l__(j_,j, 2{}l 3, 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 shall have twenty (20) clays from the elate of' This Order to file a response 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 'J1Jf.i.kOURT
J.
803568
Exhibit "C"
Phelan Hallinan,LLP
Jonathan M. Etkowicz,Esq.,Id.No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
Philadelphia,PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
' Plaintiff
Civil Division
VS.,
CUMBERLAND County
BARBARA C. REIDENBACH
No.: 13-92-CIVIL
Defendant
CERTIFICATION_0Z SERVICE
I hereby certify that a true and correct copy of the Court's July 30,2013 Rule directing
the Defendant to show cause as to why Plaintiff's Motion to Reassess Damages should not be
granted was served upon the following individual on the date indicated below.
BARBARA C. REIDENBACH l3AR81ARA Cs 1:1 .11�J N13�1CF �
865 OLD TAXVILLE ROAD
YORK,PA 17404-4826 NI:1U CINCST�3:\�N; )A 17()7 r
.; CO cD €
ter,
BARBARA C.REIDENBACH
PO BOX 434y �~
NEW KINGSTOWN,PA 17072-0434 'Zi
Phelan.1-100,nan,LLP
DATE:. 3 By: -
:lf iaa a n M. :L;tl,gwi,c?,Esq.,Id.No.208786
r\.. rneY for Plaintiff
803568
i ',x Y,as<?��$ +-�'�4.a.-M?°t'�'",s.,.,�F., we�`F'"�? �3'� :r`e�'a;.'�-`-' �iw�'� .-« ... «s.._-,a..-..-w._.➢`;`�d.,I.r:'_"..1`'..w`Y�F,-; -r-_ ... ., ., _.. ,e_.:.. ...,.t'F .n_.. r..: i
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Phelan Hallinan, LLP
Jonathan Lobb, Esq.,Id. No.312174 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
VS.
CUMBERLAND County
BARBARA C. REIDENBACH
No.: 13-92-CIVIL
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of Plaintiff s Motion to Make Rule Absolute
was served upon the following individual on the date indicated below. .
BARBARA C. REIDENBACH BARBARA C. REIDENBACH
865 OLD TAXVILLE ROAD 77 WEST MAIN STREET
YORK, PA 17404-4826 NEW KINGSTOWN,PA 17072
BARBARA C. REIDENBACH
PO BOX 434
NEW KINGSTOWN, PA 17072-0434
Phelan Hallinan, LLP
DATE: CJ 2d By:
Jo than Lobb,Esq.,Id. No.312174
Attorney for Plaintiff
803568
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BAND.,N.A. Court of Common Pleas
Plaintiff
Civil Division
CUMBERLAND CounlZ
BARBARA C. REIDENBACH
No.: 13-92-CIVIL
�'
Defendant ' N
�r
ORDER x -#
AND NOW,this day of A03Q4, , 2013, upon consideration of Plaindry - r
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 $95,698.55
Interest Through July 5, 2013 $7,747.88
Late Charges $153.72
Legal fees $1,650.00
Cost of Suit and Title $606.08
Property Inspections $15.00
Property Preservation $2.26
Escrow Deficit $1,560.18
Suspense/Misc. Credits ($5.00)
TOTAL $107,428.67
Plus interest at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
(26 F s'es t BY TYE COURT:
J . LoA `
�. FJt�•£c�b�:� J.
/.2 OM
'�yy� 803568
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
;L ED- ij(;
Sheriff f U Tr'f" DR T Hzr+NO ,�� '�
Jody S Smith a 1013 SEP 10 14M 10� 19
Chief Deputy
..� .,°: CUMBERLAND COUNTY
Richard W Stewart
Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA
Wells Fargo Bank, N.A.
Case Number
vs. 2013-92
Barbara C. Reidenbach
SHERIFF'S RETURN OF SERVICE
06/28/2013 03:51 PM -Deputy Tim Black, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 77 West Main Street, Silver Spring -Township, New
Kingstown, PA 17072, Cumberland County.
09/04/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013
09/09/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $1,100.06 SO ANSWERS,
September 09, 2013 RON R ANDERSON, SHERIFF
(c)County$uite Sheriff.Teleosoft,Inc.
WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
V.
NO.: 13-92-CIVIL
BARBARA C. REIDENBACH
Defendant(s)
CUMBERLAND COUNTY
PHS #309806
AFFIDAVIT PURSUANT TO RULE 3129.1
WELLS FARGO BANK,N.A.,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 77 WEST MAIN STREET,NEW
KINGSTOWN,PA 17072.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
BARBARA C.REIDENBACH 865 OLD TAXVILLE ROAD
YORK,PA 174044826
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
BARBARA C.REIDENBACH 865 OLD TAXVILLE ROAD
YORK,PA 17404-4826
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)
None.
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
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
reasonably 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 Address'(if address cannot be
reasonably ascertained,please indicate)
TENANT/OCCUPANT 77 WEST MAIN STREET
NEW KINGSTOWN,PA 1.7072
COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ.
BUREAU OF INDIVIDUAL TAXES DEPT 280601
INHERITANCE TAX DIVISION HARRISBURG,PA 17128
DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486
CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING
PROGRAM HARRISBURG,PA 17105
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 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108-1754
FEDERAL BUILDING
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 to authorities.
Date:
Phelan Hallinan,LLP
Melissa J.Cantwell,Esq.,Id.No.308912
Attorney for Plaintiff
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
VS. NO.: 13-92-CIVIL
BARBARA C.REIDENBACH
Defendant(s) : CUMBERLAND COUNTY
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: BARBARA C.REIDENBACH
865 OLD TAXVILLE ROAD
YORK,PA 17404-4826
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
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 77 WEST MAIN STREET,NEW KINGSTOWN,PA 17072 is scheduled to
be sold at the Sheriff's'Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse,South
Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$100,727.45 obtained by WELLS FARGO
BANK,N.A.(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:
I. 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: 21.5-563-7000 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 STILT,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 lot. of ground, situate on the South side of the Village of New
Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, bounded and described
as follows:
BOUNDED on the North by the Carlisle-Harrisburg Turnpike; on the East by property now or
formerly of Mary C. Brownawell; on the South by an alley: and on the West by property now of-
formerly of Elizabeth Otto.
SAID lot of ground having a frontage on the said Carlisle-Harrisburg Turnpike of 30 feet 8
inches, more or less, a width in the rear along said alley of 28 feet 10 inches, more or less, and a
depth of one hundred eighty-three (183) feet, more or less.
TITLE TO SAID PREMISES VESTED IN Robert C. Reidenbach and Barbara C. Reidenbach,
h/w, by Deed from Clyde Swartz and Rosemary J. Swartz, h/w, dated 04/08/1993, recorded
04/12/1993 in Book F-36, Page 418. The said Robert C. Reidenbach departed this life on or
about 10/15/2008, Barbara C. Reidenbach became the sole owner of the premises as surviving
tenant by the entireties.
PREMISES BEING:77 WEST MAIN STREET,NEW KINGSTOWN,PA 17072
PARCEL NO.38-19-1621-059
:.. SHORT"DESCRIPTION .....
By virtue of a Writ of Execution NO. 13-92-CIVIL
WELLS FARGO BANK,N.A.
vs.
BARBARA C. REIDENBACH
owner(s) of property situate in SILVER SPRING TOWNSHIP, Cumberland County,
Pennsylvania, being
(Municipality)
77 WEST MAIN STREET,NEW KINGSTOWN,PA 17072
Parcel No. 38-19-1621-059
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
JUDGMENT AMOUNT: $100,727.45
Phelan Hallinan,LLP
Attorney for Plaintiff
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
215-563-7000
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 13-92 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WELLS FARGO BANK,N.A., Plaintiff(s)
From BARBARA C.REIDENBACH
(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: $100,727.45 L.L.:$.50
Interest from 3/20/13 to Date of Sale($16.56 per diem) -- $2,798.64
Arty's Comm: Due Prothy:$2.25
Atty Paid: $216.75 Other Costs:
Plaintiff Paid:
Date:3/28/13
David D.Buell,Prothonotary
0 W(Seal)
Deputy
REQUESTING PARTY:
Name: MELISSA J.CANTWELL,ESQUIRE
Address: PHELAN HALLINAN,LLP
1617 JFK BOULEVARD,SUITE 1400 TRUE COPY FROM RECORD
in`Testimony whereof,I here unto set my hand
ONE PENN CENTER PLAZA and the sea[oi'said C 'rt at Carlisle,Pa.
PHILADELPHIA,PA 19103 Thi-, ,of_=,20
Prothonotary
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No.308912
On June 10, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
Silver Spring Township, Cumberland County, PA,
Known and numbered as, 77 West Main Street,
New Kingstown, as Exhibit "A" filed with this
writ and by this Reference incorporated herein.
Date: June 10, 2013
By:
6t
Real Estate Coordinator
r
4.
LS .Z d 8Z 8Vw N OZ
pfd <k
LXII 30 CUMBERLAND LAW JOURNAL 07/26/13
2013-92 Civil Term
WELLS FARGO BANK,N.A.
VS.
BARBARA C. REIDENBACH
Atty.:Joseph Schalk
By virtue of a Writ of Execution
NO. 13-92-CIVIL, WELLS FARGO
BANK, N.A. vs. BARBARA C. REID-
ENIBACH owner(s) of property situ-
ate in SILVER SPRING TOWNSHIP,
Cumberland County, Pennsylvania,
being 77 WEST MAIN STREET,NEW
KINGSTOWN,PA 17072.
Parcel No. 38-19-1621-059.
Improvements thereon:RESIDEN-
TIAL DWELLING.
JUDGMENT AMOUNT:$100,727-
.45.
86
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:
July 26, August 2 and August 9, 2013
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.
C—�- �k' (�—
Lisa Marie Co e, Editor
SWORN TO AND SUBSCRIBED before me this
9 da y of August, 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
The Patriot-News Co.
1900 Patriot Drive the atr1*otwXews
Mechanicsburg,PA 17050
Inquiries - 717-255-8213 Now you know
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
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
Michael J. Morrow, being duly sworn according to law, deposes and says:
That he is the Controller 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 1900 Patriot Drive, 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 he 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 he 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.
This ad ran on the date(s)shown below:
2013-92 CIvII Term
WELLS FARGO BANK,N.A. 07/28/13
VS.
BARBARA C.REIDENBACH 08104/13
A*. Joseph Schalk I
08/11/13
By virtue of a Writ of Execution NO.
13-92-CIVIL I
WELLS FARGO BANK,N.A. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
VS.
BARBARA C.REIDENIBACH
owner(s) of property situate in SILVER SwMtoan subscri before me is day of August, 2013 A.D.
SPRING TOWNSHIP,Cumberland County, j
Pennsylvania,being
(Municipality)
77 WEST MAIN STREET, NEW
Public
KINGSTOWN,PA 17072 Parcel No.38-19-
1621-059
(Acreage or street address)
Improvements thereon: RESIDENTIAL
DWELLING JUDGMENT AMOUNT$100,727.45 COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Holly Lynn Warfel,Notary Public
Washington Twp.,Dauphin County
My Commission Explres Dec.12,2016
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
1=ILEO-O FICE-
THE PROTHONOTARY
Phelan Hallinan,LLP ?013 SEP 24 AVAW4A1y For Plaintiff
1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
vs
CUMBERLAND County
BARBARA C.REIDENBACH
Defendant No. 13-92-CIVIL
PRAECIPE
TO THE PROTHONOTARY:
❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
❑ Please mark the above referenced case Settled, Discontinued and Ended.
® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑ Please Vacate the Judgment entered.
Date: PHELAN HALLINAN,LLP
By: IA�j&7 _
Jonat an Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
PH#803568
��.s0Ae,
} as -I
Phelan Hallinan,LLP Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff Civil Division
V. CUMBERLAND County
BARBARA C. REIDENBACH No. 13-92-CIVIL
Defendant PH#803568
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by
regular mail to the person(s) on the date listed below:
BARBARA C. REIDENBACH
865 OLD TAXVILLE ROAD
YORK,PA 17404-4826
Date: 9��./f IL? PHELAN HALLINAN,LLP
By: �-
Jon an Lobb,Esq.,Id. No.312174
Attorney for Plaintiff