Loading...
HomeMy WebLinkAbout10-3050Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 ?Reter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. 190 QUEEN ANNE AVE NORTH SUITE 400 SEATTLE, WA 98109 Plaintiff V. RICHARD C. KOCHENOUR 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 Defendant r .,, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 30W C 41 l " CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE (v $ga.oo Pb Amf ay 178a 236480 File #: 236480 NOTICE You have been sued in. Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 236480 1. Plaintiff is BANK OF AMERICA, N.A. 190 QUEEN ANNE AVE NORTH, SUITE 400 SEATTLE, WA 98109 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD C. KOCHENOUR 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/14/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SEATTLE MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200737420. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default as a result of the mortgaged premises ceasing to be the principal residence of the mortgagor and the mortgaged premises is not the principal residence of at least one other borrower as more fully set forth in paragraph 9(b) of said mortgage. File 4: 236480 6 The following amounts are due on the mortgage: Principal Balance $96,360.66 Interest $8,522.30 01/05/2010 through 04/30/2010 Servicing Fees $875.00 Attorney's Fees $650.00 Cumulative Late Charges $0.00 Mortgage Insurance Premium / $4,164.34 Private Mortgage Insurance Costs of Suit and Title Search 550.00 TOTAL $111,122.30 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) hasihave received a discharge of'personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. The mortgage premises are vacant and abandoned. File 4 236480 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $111,122.30 and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ar-?- Fj Lawrence T. Phe , Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 [Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 236480 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in the Borough of Lemoyne, formerly in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, and more particularly bounded and described as follows, to wit: BOUNDED on the North by Ohio Avenue; on the East by Lot 464; on the South by Pennsylvania Avenue; and on the West by Lot #62, being 50 feet in width on Pennsylvania Avenue and extending in an even width Northwardly 125 feet to Ohio Avenue. BEING Lot #63 on Plan of'Washington Heights', recorded in Plan Book 1 page 24. BEING known as 825 Pennsylvania Avenue, Lemoyne, PA 17043. BEING Parcel #12-21-0267-097. File #: 236480 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff DATE: File >#: 236480 ~~ .~ PLAINTIFF BANK OF AMERICA, N.A. DEFENDANT RICHARD C. KOCHENOUR STRVE RICHARD C. ROCHENOUR AT: 7021 VIA COELLO CARISBAD, C.4 92009-6619 AFFIDAVTT OF SERVICE C[JMBERLAND COUNTY PHS #236480 ZQ~Q.~~L ~Q ~i"i ~~ ~ f CL',~ , ~~..ui~1iY SERVICE(~L9 t'C"i ~,`u~~`.~'"'`v~`# COURT N0.:10.3050-CIVII. TERM TYPE OF ACTION XR Mort~e Foreclosure XR Civl~ Action Served and made known to RICHARD C KOCHENOUR Defendant un tI]e ~o day of ~+ 20 lam, at 1/: ~4 o'clock ~ M., at '~Qr"~ V' l ~ 4~ 1.x-0 . in t}~e manner described below: _ Defendant perslonally served. X Adult family member with whom Defendant(s) n.side(s). Relationsh~ is ~~~~ _ Adult in charge of Defendant's rzsidence who refused to give name or relationship. _ Manager/Clesk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Dekndant's company. _ Other. Description: Age '~~ height S's~ Weight~_Race ~ 5ex ~ Other, _- I, D~~r~~E"T/ a competent aduh, being duly sworn according to law, depose and state that I personally handed a true and ~omect copy of the Foreclosure Comulaint in the manna as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed ~~--- before me this .~~ day / of .~~_, 20,E '''`~ Notary: By: NOT SERVED 0n the day of . 20 , at , o'clock _. M., Defendant NOT FOUND _ Vacant Bad Address _ M _ Does of Reside (Not V t} _, No Answer !„_at ~ ,~ Service fused: .. ~ . Other. Sworn to d subscribed before this day Notary: A~ FOR PLAINI_'IFF L+w~os r. vram, sp., ]d tai. xm PewdsB. Rai~r, flq., li Na iaf11S n..ra c. s,e.J.a rv, ra. No. 62ms M~:-r. a~.mlRa,s.a, la_rb.49e49 Jw1aY T. a4...o, Lw, i/. Ito s774s 9haeld R SwY,id, ~9+rd No.l1760 ;;~?, F',OBF_RT DOLLEN ~ JadneRDnp,73q,rdlio.t70T1 Lfa~esR 7Lb~s, raq„1d.IQo.91]77 "A. #1710269 =~ vndcs~;..a.tiPay,rd.rb.xoz771 ~ ;°~ ~ , NOTAR'!F" t, 'r eCALIFORNIA ~ Jpt.Ja~r.~+1d.P1o.1Q6S7 ,.. ~ SAN Mr'i i~ - ~ ~. ;^ C~ ~ ' NTY RmrJ.7dakai7, EYq., id Ib.6179] Comrn. Exp. D~: ,... 2010 r - ~ '. Atl~er L Spir.ck Np, Id. W. 014.V J.~~.r,~,ara,]a,ivo.9oL~ ,~*? ~ !"1/'1r'b"r"w`"v 'v .~, CLIIOnYIteP.77Lkay>c+9,rd.]Vo.94W Ja~rr L Go1dAU~ r.a, d. Na xwan Cwatl~R Day ~4. id. T1s.706Ti9 A~dnv C 7k~blatq iW TIo.1~B37S 1617 JiM~~9bYe 1400 Pt0~d~1N.PA LH41]!14 Rls)l67000 7 , ^� 0 f .t II' 27 w RLA ND CO'' Y''4y PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA,N.A. COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 10-3050-CIVIL TERM RICHARD C. KOCHENOUR CUMBERLAND COUNTY PLAINTIFF'S MOTION TO AMEND COMPLAINT Plaintiff, Bank of America, N.A., by and through its attorneys, Phelan Hallinan, LLP, respectfully requests that this Honorable Court enter an Order granting Plaintiffs Motion to Amend Complaint in the above-captioned matter and in support thereof avers the following: 1. On June 14, 2007, Richard C. Kochenour a/k/a Richard Conway Kochenour made, executed, and delivered a reverse mortgage upon the premises at 825 Pennsylvania Ave, Lemoyne, PA 17043-1531. 2. The reverse mortgage is in default as a result of non-occupancy as of January 5, 2010. 3. On May 10, 2010, Plaintiff filed an Action in Mortgage Foreclosure, naming as defendant Richard C. Kochenour a/k/a Richard Conway Kochenour. Attached hereto, marked as Exhibit"A," is a true and correct copy of the complaint. 4. Richard C. Kochenour a/k/a Richard Conway Kochenour died November 6, 2010. 5. Plaintiff contacted the Register of Wills Office of Cumberland County and was informed that no estate is on file for the deceased mortgagor. 6. Bank of America's records list Cynthia White as contact for the borrower. 7. By letter dated December 7, 2010, Plaintiff attempted to contact any possible heirs of Richard C. Kochenour a/k/a Richard Conway Kochenour to inform them of the foreclosure and to request heir information for the deceased mortgagor. Attached hereto, marked as Exhibit `B," is a true and correct copy of said letters. 8. Plaintiff performed a Good Faith Investigation in an attempt to confirm any heirs of Richard C. Kochenour a/k/a Richard Conway Kochenour. Plaintiff's Investigator spoke with an unidentified male at a neighboring property who informed Plaintiff that Cynthia White is the daughter of Richard C. Kochenour a/k/a Richard Conway Kochenour. Plaintiff was also able to obtain an obituary for Richard C. Kochenour a/k/a Richard Conway Kochenour that was published in The Patriot News on November 14, 2010. The obituary identifies the heirs of Richard C. Kochenour a/k/a Richard Conway Kochenour as his daughters: Pamela Schaeffer and Cynthia White. Attached hereto, marked as Exhibit "C," is a true and correct copy of Plaintiff's Affidavit of Good Faith Investigation. 9. By letter dated January 6, 2011, Plaintiff attempted to contact Cynthia White and Pamela Schaeffer to inform them of the foreclosure. Plaintiff included with its letter, Waivers by Heir of Right to be Named as Defendants in the Foreclosure Action. Plaintiff also requested any additional heir information for Richard C. Kochenour a/k/a Richard Conway Kochenour. Attached hereto, marked as Exhibit"D," is a true and correct copy of the letter. 10. Upon information and belief, Richard C. Kochenour a/k/a Richard Conway Kochenour's surviving heirs at law and next-of-kin are Cynthia White and Pamela Schaeffer. Any additional parties with an ownership interest in the mortgaged property are unknown to Plaintiff. 11. Pursuant to 20 Pa.C.S.A. 301 (b), "...Legal title to all real estate of a decedent shall pass at his[her] death to his[her] heirs or devisees, subject, however, to all the powers granted to the personal representative." 12. Pursuant to Pa.R.C.P. Rule 1144, the Plaintiff is required to name all real owners of the mortgaged property in actions of mortgage foreclosure. 13. By executed Waivers, Pamela Schaeffer and Cynthia White waived their right to be named as defendants in the foreclosure action. Attached hereto, marked as Exhibit "E," are true and correct copies of said Waivers. 14. Wherefore, the proper defendants are now the Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title, or Interest from or under Richard C. Kochenour a/k/a Richard Conway Kochenour, Deceased. 15. A true and correct copy of Plaintiff's proposed Amended Complaint is attached hereto as Exhibit "F." 16. Plaintiff sent a copy of its proposed Motion to Amend Complaint and Order to the Defendant on September 19, 2013 and requested the Defendant's concurrence. Attached hereto, marked as Exhibit "G", is a true and correct copy of the Plaintiff's cover letter requesting a concurrence. 17. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion and Order to the Defendant on September 19, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit"H". WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant its Motion to Amend Complaint. PHE •N HALLIN• LP Dated: � By: B Y Alli : F. Zuckerman,Ess., D# 309519 orney for Plaintif PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 10-3050-CIVIL TERM RICHARD C. KOCHENOUR CUMBERLAND COUNTY MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND COMPLAINT Pursuant to Pennsylvania law, a Plaintiff in Mortgage Foreclosure is required to name as defendants the real owner of the property subject to the foreclosure action. See Pa.R.C.P. Rule 1144. Pennsylvania law further provides that "...Legal title to all real estate of the decedent shall pass at ...death to (the) heirs of devisees, subject, however, to all the powers granted to the personal representative..." 20 Pa.C.S.A. 301 (b). As a result, the proper defendants in an action in mortgage foreclosure involving a decedent are the heirs or devisees, and the personal representative of the estate. Finally, Pa.R.C.P., Rule 1033 specifically provides that: A party may, by leave of court at any time, amend his pleading. The amended pleading may over transacting or occurrences which have happened before or after the filing of the original pleading... In the case sub judicia, Plaintiff initiated its Complaint in Mortgage Foreclosure and named Richard C. Kochenour a/k/a Richard Conway Kochenour as a party defendant as required by Pa.R.C.P. 1144. However, Richard C. Kochenour a/k/a Richard Conway Kochenour subsequently died on November 6, 2010. Upon information and belief, his surviving heirs by law and next-of-kin are Cynthia White and Pamela Schaeffer. Any additional parties who may have an ownership interest in the mortgaged property are unknown to Plaintiff. Because title to real property vests in the heirs of the decedent at the time of death, Plaintiff is obligated to name said heirs as party Defendants to the Complaint in Mortgage Foreclosure. By executed Waivers, Cynthia White and Pamela Schaeffer waived their right to be named as defendants in the foreclosure action. Accordingly, the proper defendant parties in this action are now the Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title, or Interest from or under Richard C. Kochenour a/k/a Richard Conway Kochenour, Deceased. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order authorizing the amendment of the complaint. PHELAN HALLINAN, LLP ,A11, Dated: qiNt-7 By: __9 A son F. .� . s ., ID# 309519 tto - for ' . • i f PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA,N.A. COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 10-3050-CIVIL TERM RICHARD C. KOCHENOUR CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion to Amend Complaint and Memorandum of Law in Support thereof was served by overnight mail on Defendant on the date listed below: Unknown Heirs of Richard C. Kochenour, Deceased 825 Pennsylvania Avenue Lemoyne, PA 17043-1531 PHELAN HALL ; LLP Dated: ` By: A4rn F. ckerman, Es• , D# 309519 Atto '- for Plainti Exhibit "A" Phelan Hallinan&Schmieg,LLP . Lawrence T. Phelan,Esq., Id.No.32227 Francis S.Hallinan,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 . Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id.No.58745 Sheetal R.Shah-Jani,Esq.,Id.No.81760 . Jenine R.Davey,Esq.,Id.No.87077 Lauren R.Tabas,Esq., Id.No.93337 Vivek Srivastava,Esq.,Id.No.202331 .Jay B.Jones,Esq.,Id.No.86657 ATTORNEY FOR PLAINTIFF • • Peter J.Mulcahy,Esq.,Id.No.61791 Andrew L.Spivack,Esq.,Id.No.84439 a _a Jaime McGuinness,Esq.,Id.No.90134 K ° ' . Chrisovalante P.Fliakos,Esq., Id.No.94620 �)!:' . ,3----rt rr1r= Joshua I.Goldman,Esq.,Id.No.205047 7 Courtenay R.Dunn,Esq.,Id.No.206779 r' o Andrew C.Bramblett,Esq.,Id.-No.208375 " 1617 JFK Boulevard,Suite 1400 Phelan Hallinan&Schmieg,LLP Lawrence T. Phelan, Esq.,Id.No. 32227 Francis S. Hallinan,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id.No.58745 Sheetal R.Shah-Jani,Esq.,Id.No. 81760 Jenine R.Davey,Esq.,Id.No.87077 Lauren R.Tabas,Esq.,Id.No.93337 Vivek Srivastava,Esq.,Id.No.202331 Jay B.Jones,Esq.,Id.No. 86657 ATTORNEY FOR PLAINTIFF Peter J. Mulcahy,Esq.,Id.No.61791 Andrew L.Spivack,Esq.,Id.No.84439 Jaime McGuinness,Esq.,Id.No.90134 Chrisovalante P. Fliakos,Esq., Id.No.94620 Joshua I.Goldman,Esq.,Id.No.205047 Courtenay R. Dunn,Esq.,Id.No.206779 Andrew C.Bramblett, Esq.,Id.No.208375 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 • 215-563-7000 236480 BANK OF AMERICA,N.A. • 190 QUEEN ANNE AVE NORTH COURT OF COMMON PLEAS SUITE 400 SEATTLE, WA 98109 CIVIL DIVISION Plaintiff TERM v. NO. RICHARD C. KOCHENOUR 825 PENNSYLVANIA AVE CUMBERLAND COUNTY LEMOYNE,PA 17043-1531 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE yt�t� �, h�;�ehy certlt .J1thin to 1e a true and ��r��et coQY ofi the. Iirla! filed of reeo�� File#: 236480 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20)days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 236480 1. Plaintiff is BANK OF AMERICA,N.A. 190 QUEEN ANNE AVE NORTH, SUITE 400 SEATTLE, WA 98109 2. The name(s) and last known address(es) of the Defendant(s)are: RICHARD C. KOCHENOUR 825 PENNSYLVANIA AVE LEMOYNE,PA 17043-1531 who is/are the mortgagor(s)and/or real owners)of the property hereinafter described. 3. On 06/14/2007 mortgagor(s)made, executed and delivered a mortgage upon the premises hereinafter described to SEATTLE MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200737420. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default as a result of the mortgaged premises ceasing to be the principal residence of the mortgagor and the mortgaged premises is not the principal residence of at least one other borrower as more fully set forth in paragraph 9(b)of said mortgage. File b: 236480 6. The following amounts are due on the mortgage: Principal Balance $96,360.66 Interest $8,522.30 01/05/2010 through 04/30/2010 Servicing Fees $875.00 Attorney's Fees $650.00 Cumulative Late Charges $0.00 Mortgage Insurance Premium/ $4,164.34 Private Mortgage Insurance Costs of Suit and Title Search $550.00 TOTAL $111,122.30 7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s)in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. The mortgage premises are vacant and abandoned. File#: 236480 • WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of . $111,122.30 and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN& SCHMIEG,LLP • By: (--dA-^-0---9 ❑ Lawrence T. Phe n, Esq.,Id.No. 32227 ❑Francis S. Hallinan, Esq., Id. No. 62695 ❑ Daniel G. Schmieg, Esq., Id.No. 62205 ❑ Michele M. Bradford, Esq.,Id. No. 69849 ❑ Judith T. Romano, Esq., Id.No. 58745 ❑ Sheetal R. Shah-Jani, Esq., Id.No. 81760 ❑Jenine R. Davey,Esq.,Id.No. 87077 ❑Lauren R. Tabas,Esq.,Id.No. 93337 ❑Vivek Srivastava, Esq., Id.No. 202331 ❑jay B. Jones, Esq.,Id.No. 86657 [�]Peter J.Mulcahy, Esq.,Id. No. 61791 ❑ Andrew L. Spivack, Esq.,Id.No. 84439 ❑ Jaime McGuinness, Esq., Id. No. 90134 ❑ Chrisovalante P. Fliakos, Esq.,Id.No. 94620 ❑ Joshua I. Goldman, Esq., Id.No. 205047 ❑ Courtenay R.Dunn, Esq.,Id.No. 206779 • ❑ Andrew C. Bramblett,Esq.,Id.No. 208375 Attorneys for Plaintiff • • • File#: 236480 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in the Borough of Lemoyne, formerly in East Pennsboro Township, County of Cumberland, and State of Pennsylvania,and more particularly bounded and described as follows,to wit: BOUNDED on the North by Ohio Avenue; on the East by Lot#64; on the South by Pennsylvania Avenue; and on the West by Lot#62,being 50 feet in width on Pennsylvania Avenue and extending in an even width Northwardly 125 feet to Ohio Avenue. BEING Lot#63 on Plan of'Washington Heights',recorded in Plan Book 1 page 24. BEING known as 825 Pennsylvania Avenue,Lemoyne,PA 17043. BEING Parcel#12-21-0267-097. File#: 236480 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter,that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading,that I am authorized to make this verification pursuant to Pa.R.C.P. 1024(c),and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief'. Furthermore,counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsifications to authorities. ( 7R Attorney for Plaintiff DATE: s �v (l7 File ti: 236480 Exhibit "B" PHELAN HALLINAN&SCHMIEG,LLP Suite 1400 One Penn Center at Suburban Station 1617 John F.Kennedy Boulevard Philadelphia,PA 19103-1814 215-320-0007,ext. 1200 Fax:215-567-0072 Kathleen.Lake(a),fedphe.com Kathleen Lake Representing Lenders in Legal Assistant,Decedent Department Pennsylvania and New Jersey December 7,2010 Occupants&Possible Heirs of Richard C.Kochenour,Deceased 825 Pennsylvania Avenue Lemoyne,PA17043-1531 RE: RICHARD C.KOCHENOUR;825 PENNSYLVANIA AVENUE,LEYMOYNE,PA 17043-1531; BANK OF AMERICA;PHS#236480 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan HalIinan&Schmieg represent Bank of America,N.A.,the holder of the mortgage against the above-referenced mortgaged premises.The loan is in default as payments due January 5, 2010 and each month thereafter remain due and unpaid.Our office has been retained to bring a foreclosure action. Our office has been informed that Richard C. Kochenour,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact Richard C.Kochenour's next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). It will be necessary to bring a foreclosure action against the property. If you are an heir of Richard C.Kochenour or have any information regarding his heirs,please contact the undersigned at(215)320-0007,ex. 1316 within seven(7)days of the date of this correspondence. Thank you, Kathleen Lake Legal Assistant *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCII IIEG,LLP Suite 1400 One Penn Center at Suburban Station 1617 John F.Kennedy Boulevard Philadelphia,PA 19103-1814 215-320-0007,ext. 1200 Fax:215-567-0072 Kathleen.Lake(u�fedphe.com Kathleen Lake Representing Lenders in Legal Assistant,Decedent Department Pennsylvania and New Jersey December 7,2010 Occupants&Possible Heirs of Richard C.Kochenour,Deceased 7021 Via Coello Carlsbad,PA 92009-6619 RE: RICHARD C.KOCHENOUR; 825 PENNSYLVANIA AVENUE,LEYMOYNE,PA 17043-1531; BANK OF AMERICA;PHS#236480 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan&Schmieg represent Bank of America,N.A.,the holder of the mortgage against the above-referenced mortgaged premises.The loan is in default as payments due January 5, 2010 and each month thereafter remain due and unpaid.Our office has been retained to bring a foreclosure action. Our office has been informed that Richard C.Kochenour,an owner of the mortgaged premises,has unfortunately passed away.We are attempting to identify and contact Richard C.Kochenour's next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). It will be necessary to bring a foreclosure action against the property. If you are an heir of Richard C.Kochenour or have any information regarding his heirs,please contact the undersigned at(215)320-0007,ex. 1316 within seven(7)days of the date of this correspondence. Thhk you, Kathleen Lake Legal Assistant,Decedent Department *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. ObitsArchive.com: Document Display Page 1 of 1 ObitsArchive.com Patriot-News,The(Harrisburg,PA) -November 14, 2010 Deceased Name: Richard Conway Kochenour Richard Conway Kochenour, 83, of Lemoyne died Saturday,November 6, 2010 at Golden Living Retirement home. He was born in Harrisburg,the son of the late Karl K.&Edwena Kochenour. A graduate of John Harris High School,he served in the United States Navy during WW II in the Philippines. He was an architect in the Harrisburg area for over 50 years. He was the past master of Lowther Manor Masonic Lodge in Camp Hill. He was preceded in death by his brother,Karl K. Kochenour, of Hawaii, sister Louise Grandinetti of Atlanta,and brother Donald Kochenour, of Clearwater, Florida. Surviving are his daughters Pamela Schaeffer of San Deigo California and Cynthia White of Baton Rouge, Louisiana,two grandsons, Chad Carey of West Chester, Pennsylvania, and Steven Schaeffer of Flagstaff, Arizona, and a great granddaughter, Whitley Quinn Carey of West Chester, Pennsylvania. A private memorial service will be held at Rolling Green in the spring of 2012. He will be greatly missed by his family and friends. For more information or to send messages of condolence,please visit www.parthemore.com * * * * * Patriot-News, The(Harrisburg, PA) Date:November 14,2010 Edition: FINAL Page: A14 Record Number: 1011145407044 Copyright,2010, The Patriot-News Co. All Rights Reserved. Used with permission. http://oa.newsbank.com/oa-search/we/Archives?p_action=print&p_docid=13 3 8CFC0C 6D... 12/7/2010 Kathleen Lake From: Reverse Foreclosure Team [reverse_foreclosure_team @bankofamerica.com] Sent: Tuesday, November 30, 2010 5:39 PM To: Kathleen Lake Subject: RE: Loan#68011008793899: Richard C. Kochenour, PHS#236480 CYNTHIA A. WHITE 9150 OLD GARDEN LN BATON ROUGE LA 70809 Thank you, Brealana Chernoff Bank of America Home Loans Senior Default Specialist Reverse Mortage Servicing Home Loans&Insurance Phone:866-863-5224 Fax:866-487-1227 reverse foreclosure teamCebankofamerica.com From: Kathleen Lake jmailto:Kathleen.Lakefedphe.coml Sent: Monday, November 29, 2010 10:16 AM To: Reverse Foreclosure Team Subject: Loan #68011008793899: Richard C. Kochenour, PHS# 236480 Please be advised the mortgagor, Richard C. Kochenour,is deceased 11/6/10. As a result, it will be necessary to perform a decedent investigation in order to locate their heirs and divest any ownership interest they may have in the mortgaged premises. The investigation may delay the foreclosure proceedings 30-60 days. Please forward any information you have that may be beneficial to our investigation,specifically contact information for the mortgagor's family. If you have any questions, please feel free to ask. Thank you, Kathleen Lake Decedent Department Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 Phone(215) 320-0007 ext.1316 1 Exhibit "C" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 236480 Attorney Firm: Phelan,Hallinan&Schmieg,LLP Subject: Richard C.Kochenour Current Address: (Cynthia White)9150 Old Garden Avenue,Baton Rouge,LA 70809 Property Address: 825 Pennsylvania Avenue,Lemoyne,PA 17043 Mailing Address: (Cynthia White)9150 Old Garden Avenue,Baton Rouge,LA 70809 I,being duly sworn according to law,do hereby depose and state as follows,an investigation into the whereabouts of the above-noted individual(s)was conducted and the following has been discovered: I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Richard C.Kochenour-xxx-xx-5236 B. EMPLOYMENT SEARCH Richard C.Kochenour-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Richard C.Kochenour reside(s)at:825 Pennsylvania Avenue, Lemoyne,PA 17043. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Richard C.Kochenour reside(s) at:825 Pennsylvania Avenue,Lemoyne,PA 17043.On 12-09-10 our office made a telephone call to the subject's phone number(717)737-7788 and received the following information:fax tone. III.OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.com/ B. Found obituary published November 14,2010 in the Patriot-News,The(Harrisburg,PA).See attached. IV.INQUIRY OF HEIRS AND NEIGHBORS On 12-09-10 our office was unable to locate any information for Louise Grandinetti,relative of Richard C.Kochenour. On 12-09-10 our office was unable to locate any information for Donald Kochenour,relative of Richard C.Kochenour. On 12-09-10 our office was unable to locate any information for Pamela Schaeffer,relative of Richard C. Kochenour. On 12-09-10 our office was unable to locate any information for Chad Carey,relative of Richard C. Kochenour. On 12-09-10 our office attempted to contact Steven Schaeffer,relative of Richard C.Kochenour at:482 Lake Mary Road,Flagstaff,AZ 86001,but was unable to get any phone number for him. On 12-09-10,12-10-10,12-13-10&12-14-10 our office made several phone calls in an attempt to contact Cynthia White,relative of Richard C.Kochenour at(225)926-8826,9150 Old Garden Avenue,Baton Rouge,LA 70809:answering machine. On 12-09-10,12-10-10,12-13-10&12-14-10 our office made several phone calls in an attempt to contact Phyllis A.Kochenour,potential relative of Richard C.Kochenour at(225)216-0937,9150 Old Garden Avenue,Baton Rouge,LA 70809:no answer. On'12-09-10 our office made a phone call in an attempt to contact Joshua R.McNatt,neighbor of the subject at(717)737-1307,821 Pennsylvania Avenue,Lemoyne,PA 17043.Our office spoke with an unidentified male who said Cynthia White is a daughter of Richard C.Kochenour and she reside(s)at 9150 OId Garden Avenue,Baton Rouge,LA 70809. On 12-09-10,12-10-10,12-13-10&1214-10 our office made several phone calls in an attempt to contact Sylvia T.Jacobs,neighbor of the subject at(717)761-6493,822 Pennsylvania Avenue,Lemoyne,PA 17043:answering machine. On 12-09-10,12-10-10,12-13-10&12-14-10 our office made several phone calls in an attempt to contact Jon Rich,neighbor of the subject at(717)737-8436,827 Pennsylvania Avenue,Lemoyne,PA 17043:no answer. V.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12-09-10 we reviewed the National Address database and found the following information:Richard C.Kochenour-825 Pennsylvania Avenue,Lemoyne,PA 17043. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. VI.OTHER INQUIRIES A. DEATH RECORDS As of 12-09-10 Vital.Records and all public databases have a death record on file for Richard C. Kochenour. VII.ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Richard C.Kochenour-02-25-1927 B. DATE OF DEATH Richard C.Kochenour-11-06-2010 *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false,I am subject to punishment. 1 hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S.Sec. 4. 4 relatin _ unsworn falsification to authorities. Airf AF lr' NT t/`� � j �*�., Sworn to ands scribed bei!6r me this.1 L day of , l o The above information is obtained from available public records and we are only Iiable for the cost of the affidavit. 1 ENID ESTRA A term ,d (*WO ObitsArchive.com: Document Display Page 1 of 1 ObitsArchive.com Patriot-News,The (Harrisburg,PA) -November 14, 2010 Deceased Name: Richard Conway Kochenour Richard Conway Kochenour, 83, of Lemoyne died Saturday, November 6,2010 at Golden Living Retirement home. He was born in Harrisburg,the son of the late Karl K.&Edwena Kochenour. A graduate of John Harris High School,he served in the United States Navy during WW II in the Philippines. He was an architect in the Harrisburg area for over 50 years. He was the past master of Lowther Manor Masonic Lodge in Camp Hill. He was preceded in death by his brother, Karl K. Kochenour, of Hawaii, sister Louise Grandinetti of Atlanta, and brother Donald Kochenour, of Clearwater, Florida. Surviving are his daughters Pamela Schaeffer of San Deigo California and Cynthia White of Baton Rouge, Louisiana, two grandsons, Chad Carey of West Chester,Pennsylvania, and Steven Schaeffer of Flagstaff,Arizona, and a great granddaughter, Whitley Quinn Carey of West Chester, Pennsylvania. A private memorial service will be held at Rolling Green in the spring of 2012. He will be greatly missed by his family and friends.. For more information or to send messages of condolence,please visit www.parthemore.com * * * * * Patriot-News,The(Harrisburg,PA) Date: November 14,2010 Edition: FINAL Page: A 14 Record Number: 1011145407044 Copyright, 2010,The Patriot-News Co. All Rights Reserved. Used with permission. http://oa.newsbank.cam/oa-search/we/Archives?p_action=print&p_docid=1338CFC0C6... 12/13/2010 Exhibit "D" PHELAN HALLINAN&SCHMIEG,LLP Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320-0007 ext. 1316 Fax: 215-567-0072 Kathleen.Lake @fedphe.com Kathleen Lake Representing Lenders in Legal Assistant,Decedent Department Pennsylvania and New Jersey January 6,2011 Cynthia White,Heir of Richard C.Kochenour,Deceased 9150 Old Garden Avenue Baton Rouge,PA 70809 Pamela Schaeffer,Heir of Richard C.Kochenour,Deceased 7021 Via Coello Carlsbad,CA 92009-6619 RE: RICHARD C.KOCHENOUR;825 PENNSYLVANIE AVE,LEMOYNE,PA 17043-1531; BANK OF AMERICA;PHS#236480 Dear Madam, Kindly be advised that the Law Offices of Phelan.Hallinan& Schmieg represent BANK OF AMERICA,N.A., the holder of the mortgage against the above-referenced mortgaged premises. The loan is in default as payments due January 5,2010 and each month thereafter remain due and unpaid. Our office has been retained to bring a foreclosure action. Our office has been informed that Richard C.Kochenour, an owner of the mortgaged premises, has unfortunately passed away. We are very sorry for your loss. As you are a possible heir of Richard C. Kochenour,you may have been automatically vested with an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). Accordingly,it may be necessary to bring a foreclosure action against your interest in the property. Please be advised that you arc not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14)days of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. Our Office also requests that you please provide us with any additional heir information for Richard C. Kochenour. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. If you would like to request a payoff or reinstatement figure, please call(215)320-0007,ext. 1230 for the Foreclosure Resolution Department. If you have any other questions regarding this letter,please contact the undersigned at(215)320-0007,ex. 1316. Sincerely, Kathleen Lake Legal Assistant *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I,CYNTHIA WHITE, Heir of RICHARD C. KOCHENOUR, DECEASED, in accordance with Section 301(b)of the Pennsylvania Probate,Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)],hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by BANK OF AMERICA,N.A., involving a mortgage secured on premises 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531 which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Cynthia White,Heir Of Richard C. Kochenour, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, PAMELA SCHAEFFER,Heir of RICHARD C. KOCHENOUR, DECEASED, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)],hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by BANK OF AMERICA,N.A.,involving a mortgage secured on premises 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531 which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriffs sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Pamela Schaeffer,Heir Of Richard C. Kochenour, Deceased Exhibit "E" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I,PAMELA SCHAEFFER, Heir of RICHARD C. KOCHENOUR, DECEASED,in accordance with Section 301(b)of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by BANK OF AMERICA,N.A., involving a mortgage secured on premises 825 PENNSYLVANIA AVE, LEMOYNE,PA 17043-1531 which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action,without any further notice of proceedings of Sheriff's sale,and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: J ll 1°17 (9/044 Pamela Schaeffer,Heir Of Richard C. Kochenour, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, CYNTHIA WHITE,Heir of RICHARD C. KOCHENOUR,DECEASED, in accordance with Section 301(b)of the Pennsylvania Probate,Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)],hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by BANK OF AMERICA,N.A., involving a mortgage secured on premises 825 PENNSYLVANIA AVE, LEMOYNE,PA 17043-1531 which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action,without any further notice of proceedings of Sheriff's sale,and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. - - Date: �' `° //-- l/ Cyn White, eir Of 'ichard C. Kochenour, Deceased Exhibit "F" Supreme Court of Pennsylvania ft,. Cout o Comm` Pleas k For Prothonotary Use Only: y vil`CC1y r S,eet CUM `l J Al County 10-3050-CIVIL TERM Coun The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the.fling and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S0 Complaint ❑Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking Lead Plaintiff s Name: REVERSE MORTGAGE Lead Defendant's Name: UNKNOWN HEIRS, SUCCESSORS, C SOLUTIONS,INC. ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS T CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER I RICHARD C.KOCHENOUR,DECEASED • Dollar Amount Requested; ❑within arbitration limits O Are money damages requested? ❑ Yes 0 No (Check one) © outside arbitration limits N Is this a Class Action Suit? ❑Yes © No Is this an MDJ Appeal? ❑ Yes © No A Name of Plaintiff/Appellant's Attorney: Allison F.Zuckerman,Esq..Id.No.309519,Phelan Hallinan,LLP ❑Check here if you have no attorney(arc a Self-Represented [Pro Se[ Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection:Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection:Other ❑Board of Elections ❑Nuisance ❑Dept.of Transportation ❑Premises Liability ❑Statutory Appeal:Other ❑Product Liability(does not include S mass tort) ❑Employment Dispute: E ❑Slander/Libel/Defamation Discrimination ❑Other: ❑Employment Dispute:Other ❑Zoning Board C> ❑Other: T I ❑Other: ,- MASS TORT ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration B ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Partition ❑Replevin ❑Dental ❑Quiet Title ❑Other: ❑Legal ❑Other: ❑Medical ❑Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FAX: 215-568-7616 Email: complaints@fedphe.com January 28,2013 Representing Lenders in Pennsylvania and New Jersey Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle,PA 17013 Re: REVERSE MORTGAGE SOLUTIONS,INC. vs.UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER RICHARD C.KOCHENOUR,DECEASED ACTION IN MORTGAGE FORECLOSURE Dear Sir/Madam: Enclosed are an original and NUMBER copies of a Civil Action in Mortgage Foreclosure relative to the above captioned matter for filing with your office. A check for filing has been attached in the amount of$103.75. The sheriffs office advised our office on 01/28/2013 that sheriffs costs total$COST for this file. If there is a concern regarding the costs,please contact ADA A. RIVERA at PH&S; please do not return the Complaint to our office. Please file the Complaint and return your receipt to us in the enclosed stamped, self- addressed envelope,together with a time-stamped copy of the first page of the Complaint. I would also appreciate your taking the additional copies of the Complaint,the check for service, and the enclosed service sheet(s)to the Office of the Sheriff for service on the defendant(s). Thank you for your cooperation. Very truly yours, Phelan Hallinan,LLP COMPLAINT DEPARTMENT File#: 236480 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX: 215-568-7616 Email: complaintsafedphe.com Representing Lenders in Pennsylvania and New Jersey January 28,2013 OVERTIME,WEEKEND SERVICE,MILEAGE APPROVAL To: The Sheriffs Department of CUMBERLAND County Re: Attached Service Request We recognize that service of mortgage foreclosure complaints is a difficult task as many defendants attempt to evade service. Please note that we specifically authorize OVERTIME, WEEKEND SERVICE AND MILEAGE for service. The sheriffs office advised our office on 01/28/2013 that sheriffs costs total $COST for this file. If there is a concern regarding the costs, please contact ADA A. RIVERA at PH&S; please do not return the Complaint to our office. Further, we specifically authorize a ten ($10) dollar fax fee for the transmission of the service return to our office at the service faxline of 215-568-7616. This applies to all cases whether service has been made or not. We would appreciate this fax transmission within 24 hours of the service return completion. Please call Francis S. Hallinan with any questions or requests you may have. Thank you for your efforts. Phelan Hallinan,LLP COMPLAINT DEPARTMENT File#: 236480 REVERSE MORTGAGE SOLUTIONS,INC. : CIVIL DIVISION 2727 SPRING CREEK DRIVE SPRING, TX 77373 : NO.: 10-3050-CIVIL TERM • Plaintiff, vs. UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER RICHARD , C. KOCHENOUR,DECEASED 825 PENNSYLVANIA AVE LEMOYNE,PA 17043-1531 Defendant. 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. File#: 236480 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 236480 PHELAN HALLINAN,LLP Allison F.Zuckerman,Esq.,Id.No.309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 REVERSE MORTGAGE SOLUTIONS,INC. 2727 SPRING CREEK DRIVE COURT OF COMMON PLEAS SPRING, TX 77373 CIVIL DIVISION Plaintiff v. TERM UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND NO. 10-305-CIVIL TERM ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR CUMBERLAND COUNTY UNDER RICHARD C. KOCHENOUR,DECEASED 825 PENNSYLVANIA AVE LEMOYNE,PA 17043-1531 Defendant AMENDED CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE File#: 236480 1. Plaintiff is REVERSE MORTGAGE SOLUTIONS, INC. 2727 SPRING CREEK DRIVE SPRING, TX 77373 2. The name(s)and last known address(es)of the Defendant(s) are: UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 who is/are the real owner(s)of the property hereinafter described. 3. On 06/14/2007 RICHARD C. KOCHENOUR made, executed and delivered a mortgage upon the premises hereinafter described to SEATTLE MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200737420. By Assignment of Mortgage recorded 06/02/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201014195.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default as a result of the death of mortgagor, RICHARD C. KOCHENOUR, on 11/6/2010,and the mortgaged premises is not the principal residence of at least one surviving borrower as more fully set forth in the said mortgage. File#: 236480 6. The following amounts are due on the mortgage as of 01/24/2013: Principal Balance $107,717.53 Interest $12,279.14 06/14/2007 through 01/24/2013 Late Charges $0.00 Servicer Fees $1,725.00 Property Preservation $ 135.00 Property Inspections $ 120.00 Appraisal/BPO $ 350.00 Mortgage Insurance Premium/ $5,471.31 Private Mortgage Insurance TOTAL $127,797.98 7, Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s)in the Action;however,Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. The mortgage premises are vacant and abandoned. 9. Mortgagor RICHARD C. KOCHENOUR died on 11/06/2010 and, upon information and belief,his surviving heir(s) are CYNTHIA A. WHITE and PAMELA SCHAEFFER. 10. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 11. Plaintiff's representative contacted the Register of Wills of BATON ROUGE,LA and was informed that no estate has been raised on behalf of the decedent mortgagor. Fite#: 236480 12. By executed waiver(s), CYNTHIA A. WHITE and PAMELA SCHAEFFER waived their right to be named as a defendant in the foreclosure action. Said waiver(s)is/are attached as Exhibit "A". 13. Plaintiff hereby releases RICHARD C. KOCHENOUR, from liability for the debt secured by the mortgage. WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $127,192.98,together with interest, costs,fees,and charges collectible under the mortgage including but not limited to attorney fees and costs,and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN,LLP By: Allison F. Zuckerman, Esq., Id. No.309519 Attorney for Plaintiff File#: 236480 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in the Borough of Lemoyne,formerly in East Pennsboro Township, County of Cumberland, and State of Pennsylvania,and more particularly bounded and described as follows,to wit: BOUNDED on the North by Ohio Avenue; on the East by Lot#64; on the South by Pennsylvania Avenue; and on the West by Lot#62, being 50 feet in width on Pennsylvania Avenue and extending in an even width Northwardly 125 feet to Ohio Avenue. BEING Lot#63 on Plan of Washington Heights',recorded in Plan Book 1 page 24. BEING known as 825 Pennsylvania Avenue,Lemoyne,PA 17043. BEING Parcel#12-21-0267-097. PROPERTY ADDRESS: 825 PENNSYLVANIA AVE,LEMOYNE,PA 17043-1531 PARCEL#12-21-0267-097 File 4: 236480 .may Payoff Statement Loan Ske Date Due Amount Due Pia W e Reverse AfortgageSolutions,lnc. 71392 01/24/2013 $127,868.48 1 of 1 2727 Spring Creek Drive Spring,TX 77373 January 24,2013 Payoff Statement To: For Internal Purposes Only Kelly Casiano —Account Borrower: RICHARD C KOCHENOUR Property: 825 PENNSYLVANIA AVENUE LEMOYNE, PA 17043 Loan#: 68011008793899 --Payoff information Lffectwe Uate Balance type 111==111111111=1 Accrued Interest MIP/PMI Amtmuszniminfaims 12/31/2012 LoanBal Loan Balance $127,028.50 $97.72 $41.76 1.170% $127,167.98 01/24/2013 MTH-SF Monthly Service Fee $25.00 $0.00 $0.00 0.000% $25.00 01/24/2013 CORP-ADV Corporate Advance $605.00 $0.00 $0.00 0.000% $605.00 *01/24/2013 EST-FEE Estimated Fee Amt $20.00 $0.00 $0.00 0.000% $20.00 01/24/2013 RELFEE Release Recording Fee $50.50 $0.00 $0.00 0.000% $50.50 Balance as of January 24,2013 $127,729.00 $97.72 $41.76 $127,868.48 *Estimated Fees and Charges for 3rd Party services performed but not yet billed. *Payoff Date: January 24,2013 Total Payoff Amount: $127,868.48 *The payoff amount for this loan is good through 01/24/2013. The per diem is$5.85. Payoff amount subiect to change Please contact our office to reconfirm prior to remitting funds. —Payoff Instructions This Payoff Statement reflects the amount needed to pay this loan in full. Please include your loan number with your payment. Payment must be made by wire.cashier's check or certified funds. • Wire funds to:WELLS FARGO BK NA,ABA Routing#121000248,Account#2000030981029 • Make checks payable to:RMS,Inc.AND Overnight to 2727 Spring Creek Dr.,Spring,TX 77373 Funds received after 01/24/2013 must include the per diem because interest is due to the date the payoff amount is received. If your mailing address has changed, please let us know in writing;otherwise,any funds in excess of the payoff amount will be returned to the Borrower at the mailing address listed above. HUD will be notified to release the 2nd lien for HECM loans once payoff funds have been received. We reserve the right to correct any portion of this statement at any time. All balances will change if payments are disbursed whether scheduled or unscheduled. All figures are subject to clearance of funds in transit and also confirmation by the mortgage holder. Should you have any questions,please feel free to contact us. 2727 Spring Creek Drive,Spring,TX 77373 Phone(866)503-5559–Fax(866)790-3451 --TTY/TDD(888)827-6697 VERIFICATION ereby states that he/she is ilq1 "jet' rs�c��ofREVERSE MnRTOA(}R SOT TTTTON.R, T\?C , servicing agent for Plaintiff in this matter;that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Amended Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. iA Ade DATE: J l 1 , ame: Ir r� (x- i/r� �•- Title: 455/5 1 f 'e PreS i/ REVERSE MORTGAGE SOLUTIONS, INC. File#: 236480 Name: Kochenour File#: 236480 Exhibit "H" PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 FILE COPY 215-563-7000 Fax: 215-563-4491 Email: Margaret.Russo @phelanhallinan.com Margaret Russo Legal Assistant September 19, 2013 UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR,DECEASED 825 PENNSYLVANIA AVENUE LEMOYNE,PA 17043-1531 RE: Bank of America,N.A. v. Richard C. Kochenour, et al. Cumberland County CCP,No. 10-3050-Civil Term Dear Sir/Madam: Enclosed please find Plaintiff's Motion to Amend Complaint regarding the above- referenced matter for your review. Pursuant to the Local Rules of Court in Cumberland County, we would like to know if you concur or intend to oppose the Motion. Please contact us by no later than September 26,2013. Very Truly Yours,, ,--... sr ,� .._ Allis;°/ ✓ kerrnatt, 1 squi 1 nc ltart _ X. * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed,this correspondence is not and should not be construed to be an attempt to collect a debt,but only enforcement of lien against property. OF -nit:. PROTHONOTARY 2013 OCT -3 Pil 2: 37 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA,N.A. COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 10-3050-CIVIL TERM RICHARD C. KOCHENOUR CUMBERLAND COUNTY ORDER AND NOW,this .9/ day of , 2013, upon consideration of PLAINTIFF'S MOTION TO AMEND COMPLAINT, it is hereby: ORDERED AND DECREED that Plaintiff's Complaint in Mortgage Foreclosure shall be amended to name the Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title, or Interest from or under Richard C. Kochenour a/k/a Richard Conway Kochenour, Deceased, as party Defendants in the above-captioned matter; ORDERED AND DECREED that Plaintiff shall serve the Amended Complaint, attached hereto as Exhibit "F,"to the within Motion, on the Defendants; and ORDERED AND DECREED that the Office of the Prothonotary amend the caption in accordance with this Order. BY THE COURT: f'6/6/6- J. �y 111-4 LEL P. Zuruu PHELAN HALLINAN, LLP BY: COURTENAY R. DUNN, ESQUIRE Identification No. 206779 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Courtenay.dunn@phelanhallinan.com (215) 563-7000 Bank of America, N.A. • Court of Common Pleas (--) `---, 190 Queen Anne Ave North Civil Division @ t,, .: - Suite 400 ' ca-) '-" Seattle, WA 98109 Cumberland County z T'-; Plaintiff No.: 10-3050 Civil Term • -<a ca-r • Si C ?> Richard C. Kochenour a 825 Pennsylvania Avenue • Lemoyne, PA 17043-1531 : Defendant • CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Statement of Intention to Proceed was served by regular mail to the following on the date listed below: Richard C. Kochenour 825 Pennsylvania Avenue Lemoyne, PA 17043-1531 DATE: 10 @t" BY: -------- Courtenay R. Dunn, Esquire Attorney for Plaintiff #730315 PHELAN HALLINAN, LLP BY: COURTENAY R. DUNN, ESQUIRE Identification No. 206779 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Courtenay.dunn@phelanhallinan.com (215) 563-7000 Bank of America,N.A. • Court of Common Pleas 190 Queen Anne Ave North Civil Division Suite 400 : Seattle, WA 98109 Cumberland County Plaintiff • No.: 10-3050 Civil Term v. : • Richard C. Kochenour : 825 Pennsylvania Avenue : Lemoyne, PA 17043-1531 : Defendant : STATEMENT OF INTENTION TO PROCEED TO THE COURT: This case is in foreclosure. Plaintiff intends to proceed with this matter; therefore it should remain on active status. DATE: 10k1 l BY: _ Courtenay R. Dunn, Esquire Attorney for Plaintiff #730315 REVERSE MORTGAGE SOLUTIONS, INC. : CIVIL DIVISION 2727 SPRING CREEK DRIVE SPRING,TX 77373 : NO.: 10-3050-CIVIL TERM Plaintiff, vs. • • UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, • AND ALL PERSONS, FIRMS, OR • P'{ ASSOCIATIONS CLAIMING RIGHT, TITLE • OR INTEREST FROM OR UNDER RICHARD C.KOCHENOUR, DECEASED 825 PENNSYLVANIA AVE z 3 •;r7 fir' ! ET(-i LEMOYNE,PA 1 7043-1 53 1 .0(3> •CC) A Cy- Defendant. zsrp 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. File#: 236480 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (7 a 7)249-3166 (800)990-9108 File#: 236480 • PHELAN HALLINAN,LLP Jonathan Lobb,Esq.,Id.No. 312174 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 REVERSE MORTGAGE SOLUTIONS, INC. 2727 SPRING CREEK DRIVE COURT OF COMMON PLEAS SPRING, TX 77373 CIVIL DIVISION Plaintiff v. TERM UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND NO. 10-305-CIVIL TERM ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR CUMBERLAND COUNTY UNDER RICHARD C. KOCHENOUR, DECEASED 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 Defendant AMENDED CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE File#: 236480 1. Plaintiff is REVERSE MORTGAGE SOLUTIONS, INC. 2727 SPRING CREEK DRIVE SPRING, TX 77373 2. The name(s) and last known address(es) of the Defendant(s) are: UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR,DECEASED 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 who is/are the real owner(s) of the property hereinafter described. 3. On 06/14/2007 RICHARD C. KOCHENOUR made, executed and delivered a mortgage upon the premises hereinafter described to SEATTLE MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200737420. By Assignment of Mortgage recorded 06/02/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201014195.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default as a result of the death of mortgagor, RICHARD C. KOCHENOUR, on 11/6/2010, and the mortgaged premises is not the principal residence of at least one surviving borrower as more fully set forth in the said mortgage. File#: 236480 6. The following amounts are due on the mortgage as of 01/24/2013: Principal Balance $107,717.53 Interest $12,279.14 06/14/2007 through 01/24/2013 Late Charges $0.00 Servicer Fees $1,725.00 Property Preservations $135.00 Property Inspections $120.00 Appraisal/BPO $305.00 Mortgage Insurance Premium/ $5,471.31 Private Mortgage Insurance TOTAL $127,797.98 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. The mortgage premises are vacant and abandoned. 9. Mortgagor RICHARD C. KOCHENOUR died on 11/06/2010 and, upon information and belief, his surviving heir(s) are CYNTHIA A. WHITE and PAMELA SCHAEFFER. 10. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 11. Plaintiff's representative contacted the Register of Wills of BATON ROUGE, LA and was informed that no estate has been raised on behalf of the decedent mortgagor. File#: 236480 12. By executed waiver(s), CYNTHIA A. WHITE and PAMELA SCHAEFFER waived their right to be named as a defendant in the foreclosure action. Said waiver(s) is/are attached as Exhibit "A". 13. Plaintiff hereby releases RICHARD C. KOCHENOUR, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $127,797.98,together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: Jon an Lobb, Esq., Id. No. 312174 Attorney for Plaintiff File#: 236480 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in the Borough of Lemoyne, formerly in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, and more particularly bounded and described as follows, to wit: BOUNDED on the North by Ohio Avenue; on the East by Lot#64; on the South by Pennsylvania Avenue; and on the West by Lot#62, being 50 feet in width on Pennsylvania Avenue and extending in an even width Northwardly 125 feet to Ohio Avenue. BEING Lot#63 on Plan of'Washington Heights', recorded in Plan Book 1 page 24. BEING known as 825 Pennsylvania Avenue, Lemoyne, PA 17043. BEING Parcel #12-21-0267-097. PROPERTY ADDRESS: 825 PENNSYLVANIA AVE,LEMOYNE, PA 17043-1531 PARCEL # 12-21-0267-097 File#: 236480 • Exhibit "A" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, DAVID KNUCKLES, Heir of DAWN M. WALKER,Deceased, hereby acknowledge that I may have an ownership interest in the property located at 5150 RANSTEAD STREET, PHILADELPHIA, PA 19139-3433,in accordance with Section 301(b) of the Pennsylvania Probate,Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by GMAC MORTGAGE,LLC SIB/M TO GMAC MORTGAGE CORPORATION F/KJA GMAC MORTGAGE CORPORATION OF PA, involving said property,which property was owned by the decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale,and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: ( II DAVID KNUCKLES,Heir of DAWN M. WALKER,Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I,CIIAVONNE WALKER, Heir of DAWN M. WALKER, Deceased,hereby acknowledge that I may have an ownership interest in the property located at 5150 RANSTEAD STREET,PHILADELPHIA,PA 19139-3433, in accordance with Section 301(b) of the Pennsylvania Probate,Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq.,which may be instituted by GMAC MORTGAGE,LLC S/B/M TO GMAC MORTGAGE CORPORATION F/K/A GMAC MORTGAGE CORPORATION OF PA, involving said property,which property was owned by the decedent at the time of her death. I hereby consent to the foreclosure action,without any further notice of said action, including but not limited to the Sheriffs sale,and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. 2 Date: Cii VONNE WALKER,Heir of DAWN M. WALKER,Deceased 3o'/ 33 VERIFICATION states that he/she is f tS �c.e /dof REVERSE. Q P/i1erebY AnCIPTl:A(;R C(lT T TTTf1TC TM(` oarvirsinrr arrant fnr 1:010;nt;ff in thin mattar that ha/chi is authorized to make this Verification, and verify that the statements made in the foregoing Amended Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. ltelrAtir ame: - - i, i oL n mn• DATE: 4I I If dOI 3 n Title: f�SS/S al Jt Vi�'e P?sdeii/L REVERSE MORTGAGE SOLUTIONS, INC. File#: 236480 Name: Kochenour File#: 236480 • Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 REVERSE MORTGAGE SOLUTIONS, INC. VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED HE: t‘ THONO TAR ZOI'iHAR 1 0 AM 9: 8 CUMBERL AND COIJNTY PENNS YLVA NIA Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-3050-CIVIL TERM CUMBERLAND COUNTY MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, REVERSE MORTGAGE SOLUTIONS, INC., respectfully requests that this Honorable Court enter an ORDER granting Plaintiff's Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1 On June 14, 2007, RICHARD C. KOCHENOUR made, executed, and delivered a mortgage upon the premises at 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531. 2. The loan is in default as payments due January 5, 2010 and each month thereafter are due and unpaid. The default is due to RICHARD C. KOCHENOUR'S death. The mortgage premise is not the principal residence of any of the surviving heirs. 730315 3 Real Owner RICHARD C. KOCHENOUR died on November 6, 2010. Attached hereto marked as Exhibit "A" is a copy of Social Security Death Master File Search verifying the date of death. 4. Plaintiffs representative contacted the Register of Wills of CUMBERLAND County and EAST BATON ROUGE, LA and was informed that no estate has been raised on behalf of the decedent mortgagor. 5. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of RICHARD C. KOCHENOUR. Plaintiffs investigation located an Obituary for RICHARD C. KOCHENOUR published November 14, 2010 in The Patriot-News. The Obituary states the deceased borrower is survived daughters PAMELA SCHAEFFER and CYNTHIA WHITE. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 6. Upon information and belief, the surviving heirs at law and next-of-kin of RICHARD C. KOCHENOUR are CYNTHIA A. WHITE and PAMELA SCHAEFFER. 7. By letter dated January 6, 2011, Plaintiff contacted CYNTHIA A. WHITE and PAMELA SCHAEFFER to inform them of the foreclosure action. Plaintiff attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of RICHARD C. KOCHENOUR. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiffs letter. 8. By executed waiver(s), CYNTHIA A. WHITE and PAMELA SCHAEFFER waived their right to be named as a defendant in the foreclosure action. Said waiver(s) are attached as Exhibit "D ". 730315 9. On May 10, 2010, Plaintiff filed an Action in Mortgage Foreclosure naming as defendant, RICHARD C. KOCHENOUR. Attached hereto, marked as Exhibit "E" is a true and correct copy of the Complaint in Mortgage Foreclosure. 10. On October 3, 2013, Plaintiff filed its Motion to Amend Complaint in order to add UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED, as a defendant. Plaintiffs Motion was granted by Court Order dated October 3, 2013. Attached hereto, marked as Exhibit "F" is a true and correct copy of the granted Order. 11. On December 9, 2013, Plaintiff filed its Amended Complaint in Mortgage Foreclosure. Attached hereto, marked as Exhibit "G" is a true and correct copy of the Amended Complaint. 12. Plaintiff named as a defendant, the unknown heirs, successor, assigns, and all persons, firms or associations claiming right, title or interest from or under the decedent record owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction. See Exhibit "G." 13. Because there may be parties with an interest in the mortgaged premises that are unknown, Plaintiff must effectuate service through Special Order of Court. 14. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that No Judge has previously entered a ruling in this case. 15. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on February 27, 2014, and requested the Defendants' 730315 concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "H." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN HALLINAN, LLP Date: j/7n By: ,(--r/LeA44, Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 730315 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 REVERSE MORTGAGE SOLUTIONS, INC. VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-3050-CIVIL TERM CUMBERLAND COUNTY MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal 730315 denied, 525 Pa. 582, 575 A.2d 113 (1990). Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit "B" is a copy of the Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require fdreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure of the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the requested relief. PHELAN HALLINAN, LLP Date: r By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 730315 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 REVERSE MORTGAGE SOLUTIONS, INC. VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-3050-CIVIL TERM CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service was served by regular mail on Defendant(s) on the date listed below: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 PHELAN HALLINAN, LLP Dated: (3 rz/i4c By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 730315 Exhibit "A" Page 1 of 1 Death Master File (DMF) Profile Details for RICHARD C KOCHENOUR SSN: 11111111111 Date of Birth: 02/25/1927 Date of Death: 11/06/2010 (V) (V)=(Verified) Report verified with a family member or someone acting on behalf of a family member. (P)=(Proof) Death Certificate Observed. https://www.ssdmf.com/Library/SSN/Zoom.asp?SessionID=%7BDB94A00C-3FE4-4C4E-... 2/12/2014 Exhibit "B" AFFIDAVI'1 OF GOOD FAITH INVESTIGATION Tile Number: 23c -480 Attorney Firm: Phelan, Hallinan (sc Schmieg, LLI' Subject: Richard C. Kochenour Current Address: (Cynthia White) 9150 Old Gordon .Avenue, Baton Rouge, LA 70809 Property Addr: s: 825 Pennsylvania Avenue, Lemoyne, PA 1704: Mailing Address: (Cynthia White) 9150 Old Gordon Avenue, Baton Rouge, LA 70809 1, being duly sworn according to law, do'hereby depose and state as follows, an investigation into the whereabouts of the above- noted individual(s) was conducted and the following has been discovered: I. CREDIT INFORMATION A. SOCIAL SECURITYNUM13E1Z Our search verified the following information to he true and correct Richard C. Kochenour - xxx -xx -5236 B. EMPLOYMENT SEARCH Richard C. Kochenour - A re\ie%v of the relit reporting agencies provided no.e.mployment C. INQUIRY OF CREDITORS Our inquiry of.credito.rs indicated that Richard C. Kechenour reside(s) at: 825 .Pennsylvania Avenue, Lemoyne, PA 17043. ion, II. INQUIRY:O:F TELEPHONE COMPANY A, F)IRECTORY ASSISJ'ANC.E SEARCH Our office searched directory assistance databases, which indicated that Richard C, .Kochenour reside(s) at: 825 Pennsylvania Avenue, Lemoyne, PA 17013. On 12-09 =i l our office made a telephone call to the subject's phone number (717) 737-7788 and received the following information: fax tone. W. OBITUARY SEARCH A. Attempted to find-obituary via htip: / /oa.new,sbank.com/ B, Found obituary published November 1:), 201.0 in the Patriot -News, The (Harrisburg, PA). See.attacheut,, LV, INQUIRY OF H (L'1RS AND NEIGHBORS On 12 -09-10 our office was unable to locate any inf'orrn<,ticn for Louise Grandinclti, relative of Richard C, Kochenour. On 12.09 -10 our office was unable to locate any information for Donald Kochenour, relative of Richard C. Kuchenour, On 12 -09 -10 our office was unable to locate any information for Pamela Schaeffer, relative of Richard C. Kochenour. On 12- 09 -it) our office was unable to locate any information for Chad Carey, relative of Richard C, Kochenour. On 12 -09 -10 our office attempted to contact Steven 547. haeffer, relative of Richard C. Kochenour al:: 482 Lake Mary ]load, Flagstaff, AZ 86001, but was curable to get any ph ono number for him. On 12- 09 -10, '12-10- 1.(1,'12 -13 -10 & 1214 -10 our office made several phone calls in an attempt to contact Cynthia White, relative of Richard C..Kochenour at (2251 926 -5826, 9150 Old Garden Avenue, Baton Rouge, LA 70809; answering machine. On 12- 09 -10, 12-10-10,12-13-10 & 12-14-10 our office made several phone calls in an attempt to contact Phyllis A. Kochenour, potential relative of _Richard C. Kochenour 4(225) 216 -0937, 9150 Old Garden Avenue, Baton Rouge, LA 7(1819: no.answrer. On 12-09-10 our office made a phone call in an attetwpi to con Lactjoshita R. McNatt, neighbor of the subject at (717) 737-1307, 821 Pennsylvania Avenue, Lemoyne, PA 17043, Our office spoke with an unidentified male who said Cynthia White is a daughter of Richard C. Kochenour and she reside(s) at 9150 Old Garden Avenue, Baton Rouge, LA 70809, On 12-09-10. 12-10-10, 12-13-10 & 12-14-10 our office made several phone calls in an attempt to contact Sylvia F. Jacobs, neighbor of the subject at (717) 761-6493, 822 Pennsylvania Avenue, 1,emovne, PA 17043: answering machine. On 12-09-10,12-10-10, 124340 &12-1410 our office made several phone calls in an attempt to contact Jon Rich, neighbor of the subject at (717) 737-8436, 827 Pennsylvania Avenue, Lemoyne., PA 17013: no answer. V. ADDRESS INQUIRY A. NATIONAL. ADDRESS UPDATE On 12-09-10 we reviewed the National Address database and found the following information: Richard C. Kochenour 325 Pennsylvania Avenue, Lemoyne, PA 17043. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. VI. OTHER INQUIRIES A. DEATH RECORDS As of 12-09-10 Vital Records and all public databases ha V e a ea 1b record on file for Richard C. Kochenour. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Richard C. Kochenour - 02-25-1927 B. DATE OF DEATH Richard C, Kochenour -11-06-2010 * Om accessible databases have been checiced and cross-referenced for the above named individual(s). " Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by ire are true. I am aware that if any of the foregoing states made by me are willfully false, I eta sithject to punishment. 1 hereby verify that the statoments macie herein are true and correct to the heat of My knewledge, information and belief and that this affidavit of inVestigation is' made subject in the penalties Of 1.8 Pa C.S..Sec: falSifieatinri to authorities, Sworn to and a scn )ed be i f ii me this 11w above information is obtained Iron-'available public ITC,Ordti and we are only liable for the cost at the affidavit, .„1;1] ObitsArchive.com: Document Display Page 1 of 1 ObitsArchive.com Patriot-News, The (Harrisburg, PA) - November 14, 2010 Deceased Name: Richard Conway Kochenour Richard Conway Kochenour, 83, of Lemoyne died Saturday, November 6, 2010 at Golden Living Retirement home, He was born in Harrisburg, the son of the late Karl K.& Edwena Kochenour. A graduate of John Harris High School, he served n the United States Navy during WW Ii in the Philippines. He was an architect in the Harrisburg area for over 50 years. He was the past master of Lowther Manor Masonic Lodge in Camp Hill. He was preceded in death by his brother, Karl K. Kochenour, of Hawaii, sister Louise Grandinetti of Atlanta, and brother Donald Kochenour, of Clearwater, Florida. Surviving are his daughters Pamela Schaeffer of San Deigo California and Cynthia White of Baton Rouge, Louisiana, two grandsons, Chad Carey of West Chester, Pennsylvania, and Steven Schaeffer of Flagstaff, Arizona, and a great granddaughter, Whitley Quinn Carey of West Chester, Pennsylvania. A private memorial service will be held at Rolling Green in the spring of 2012. He will be greatly missed by his family and friends: For more information or to send messages of condolence, please visit www.parthemore.com * * * Patriot-News, The (Harrisburg, PA) Date: November 14, 2010 Edition: FINAL Page: Al4 Record Number: 1011145407044 Copyright, 2010, The Patriot-News Co. All Rights Reserved. Used with permission. http://oa.newsbank.comloa-search/we/Archives?p_action=print&p_docidr--1338C.FC0C6... 12/13/2010 ObitsArchive.com: Document Display Page 1 of 1 ObitsArchive.com Patriot-News, The (Harrisburg, PA) - November 14, 2010 Deceased Name: Richard Conway Kochenour Richard Conway Kochenour, 83, of Lemoyne died Saturday, November 6, 2010 at Golden Living Retirement home. He was born in Harrisburg, the son of the late Karl K.& Edwena Kochenour. A graduate of John Harris High School, he served in the United States Navy during WW II in the Philippines. He was an architect in the Harrisburg area for over 50 years. He was the past master of Lowther Manor Masonic Lodge in Camp Hill. He was preceded in death by his brother, Karl K. Kochenour, of Hawaii, sister Louise Grandinetti of Atlanta, and brother Donald Kochenour, of Clearwater, Florida. Surviving are his daughters Pamela Schaeffer of San Deigo California and Cynthia White of Baton Rouge, Louisiana, two grandsons, Chad Carey of West Chester, Pennsylvania, and Steven SchaetTer of Flagstaff, Arizona, and a great granddaughter, Whitley Quinn Carey of West Chester, Pennsylvania. A private memorial service will be held at Rolling Green in the spring of 2012. He will be greatly missed by his family and friends. For more information or to send messages of condolence, please visit www.parthemore.com Patriot-News, The (Harrisburg, PA) Date: November 14, 2010 Edition: FINAL Page: A14 Record Number: 1011145407044 Copyright, 2010, The Patriot-News Co. All Rights Reserved. Used with permission. http://www.obitsarchive.comioa-search/we/Archives?p_action=print&p_docid=1338CFC0... 2/12/2014 Exhibit `C" PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 - 320 -0007 ext. 1.316 Fax: 215 -567 -0072 Kathicen.Lake@fedphe.com Kathleen Lake Representing Lenders in Legal Assistant, Decedent Department Pennsylvania and New Jersey January 6, 2011 Cynthia White, Heir of Richard C. Kochenour, Deceased 9150 Old Garden Avenue Baton Rouge, PA 70809 Pamela Schaeffer, Heir of Richard C. Kochenour, Deceased 7021 Via Coello Carlsbad, CA 92009 -6619 RE: RICHARD C. KOCHENOUR; 825 PENNSY [NAME AVE, 'LEMOYNE, PA 17043- 1531; BANK OF AMERICA; P'HS# 236480 Dear Madam, Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg represent BANK OF AMERICA, 1`1.4: the: holder:af°tlit; Iitortgagc against the above- referenced mortgaged premises. The loan is in default' s p yments due-January:5; 2010 and each month thereafter remain due and unpaid, Our.office has Been retaxiziefi :tv brt.ng'a foreclosure action. Our office has been .inf firmed tliitk: I ia'hard C ..:ko henour, an owner of-the mortgaged premises, has unfortunately <prtssetl awtr ; We are very:•sorry for your loss. As you are a possible heir of Richard C. Koch noun, you may h e been automatically vested wn.h aIZ ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). .ueordi igl }fit it,may be r e ary: tai. brizig a foreclosure action against your interest in the.property.. Pl ease be.advised *at re`rot personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opporti nityttr* live y the foreclosure action. Please find attached,a.WYtiver W:: and returning to the undersigned within faurteeit (i4? days jtt;tit be tt nied,aS a d :tv.n4la it: in it :4ppre.e ate •yrlrrr.:execulting date of this correspondence. If the Waiver is timely returned it wi foreclosure action.:144wever; if the Wtuv t:is not timely returned and it is believed that you are an heir of the decedent,. our o:fiic .- inay: have no choice but to name you as a defendant in the action in order to died t:any' ;rieerst ip._intcrest yen may have in the property. not be necessary to name you as a defendant in the Our Office also requests that you please provide us with any additional heir information for Richard C. Kochenour. Thank you for your cooperation in this regard. Please note. that this waiver does not preclude you from attempting to sell the subject premises and recovering tuly possible equity in the mortgaged premises prior to the completion of the Ibre•losttre action, If you would like to request a payoff or reinstatcruent figure, please call (215) 320-0007, ext. 1230 for the Foreclosure Resolutiun Departinent. If you have any other questions regarding this letter, please contact the undersigned at (215) 320-0007, ex. 1316. Since Kathleen Lake Legal Assistant * This firm is a debt collector, Any information we receive will be used for that purpose. If your personal liability for the dob has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, CYNTHIA WHITE, Heir of RICHARD C. KOCHENOUR, DECEASED, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by BANK OF AMERICA, N.A., involving a mortgage secured on premises 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531 which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date. • Cynthia White, Heir Of Richard C. Kochenour, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, PAMELA SCHAEFFER, Heir of RICHARD C. KOCHENOUR, DECEASED, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by BANK OF AMERICA, N.A., involving a mortgage secured on premises 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531 which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Pamela Schaeffer, Heir Of Richard C. Kochenour; Deceased Exhibit "D" * • WAIVER BY HEIR OF *RIGHT TO BE NAMED . AS A .DEFENDANT IN FORECLOSURE ACTION I, PAMELA SCHAEFFER, Heir of RICHARD C. KOCHENOUR, DECEASED, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by BANK OF AMERleA, N.A.., involving a mortgage secured on premises 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531 which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriffs sale; and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Pamela Schaeffer, Heir Of Richard C. Kochenour, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, CYNTASIA WHITE, Heir of RICHARD C. KOCHENOUR, DECEASED, in accordance with. Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [ 20 Pa C.S.A.. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by BANK OF AMERICA, N.A., involving a mortgage secured on premises 825 PENNSYLVANIA AVE, LEMOYNE, PA 170434531 which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and: understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: %...!�' Cy. • a : White, eir Of °::icf rd. C. Kochenour, Deceased Exhibit "E" Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No, 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. 190 QUEEN ANNE AVE NORTH SUITE 400 SEATTLE, WA 98109 Plaintiff V. RICHARD C. KOCHENOUR 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 File #: 236480 Defendant 236480 ATTORNEY FOR PLAINTIFF 0 f z 'f • r=. COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 -.3ctso aivi I Tem CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 3S1fild f103 311A A3NHOLLV ve hereby certify aid 'thin to be a true and .-orraot copy of the doinal filed. of record Exhibit "F" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. V. RICHARD C. KOCHENOUR ORDER AND NOW, this day of 41110:' COURT OF COMMON PLEAS CIVIL DIVISION NO 1 0,3 05 0-C1 V IL TERM CUMBERLAND COUNTY 2013, . upon consideration of PLAINTIFF'S MOTION TO AMEND COMPLAINT, it is hereby: ORDERED AND DECREED that Plaintiffs Complaint in Mortgage Foreclosure shall be amended to name the Unknown Heirs, Successors, Assigns, and All Persons, Firms; or Associations Claiming Right, Title, or Interest from or under Richard C. Kochenour a'k/a Richard Conway Kochenour, Deceased, as party Defendants in the above-captioned matter; ORDERED AND DECREED that Plaintiff shall serve the Amended Complaint, attached hereto as Exhibit "F," to the within Motion, on the Defendants; and ORDERED AND DECREED that the Office of the Prothonotary amend the caption in accordance with this Order. 7 • P 1E.LAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No. 312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 Ur Y 1C `9 Mall C TY ATTORNEY FOR PLAINTIFF REVERSE MORTGAGE SOLUTIONS, INC. • 2727 SPRING CREEK DRIVE COURT OF 'COMMON PLEAS SPRING, TX 77373 CIVIL DIVISION Plaintiff v. TERM UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND NO. 10- 305 -CIVIL TERM ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR CUMBERLAND COUNTY UNDER RICHARD C. KOCHENOUR, DECEASED 825 PENNSYLVANIA AVE LEMOYNE, PA 17043 -1531 File 4: 236480 Defendant AMENDED CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE y TCOO iktsW4 We hefty certify that wittda to boatoo and correct wig o f #ae o,Igiral flied of record I S E C I 0 N A S E C I 0 N B Supreme Court siif Pennsylvania CourldirCtmutiQ xPleas „ CUMBEIMAINDI County ''."1:410,2314- For Prothonotary Use Only: 10-3050-CIVIL TERM •;••••.• ... The information collected on this Prot is used for court administratkm purposes. This form does not ..... *i ipJri not'd:or repkice .* and service rifjikdis .or other prs as reaiired by law or ruleo(coi • • Commencement of•Action: • •• 0 Complaint 0 Writ of •Sul-tin-ions 0 Petition • 0 Transfer from Another Jurisdiction 0 Declaration of Taking • Lead Plaintiff's Name: REVERSE MORTGAGE " :. SOLUTIONS, INC. • Lead Defoadont's Name: UNKNOWN HEIRS, SUCCESSORS, i ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCLVTIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD:C. KOCHENOUR, DECEASED Are money damages requested? 0 Yes M NO Dollar Amount Requested: • within arbitration limits (Check one) 0 outside arbitration limits Is this a Class Action Suit? • Yes M No Is this an Mal Appeal? a Yes M No . . .,. , . . . , . . . . • • • . - • . Name of Plaintiff/Appellant's Attorney: Jonathan Lobb, Esq., Id. No. 3 12174,Phelan Hallinan, LLP • • Check here if you have no attorney (are a Self-Represented [Pro Se' Litigant) • . „ .. . .. . . . . . . ... .... . . . . ....,. ... . ... ... . ...• . .... Nature of the Place an "X" to the left of the ONE case category that most accurately describes your :Case: PRIMARY CASE. if you are making more than one type of claim, check the one that yoit consider most important 'rORT (do 110/ nchide Mass Ton) 0 Intentional 0 Malicious Prosecution 0 Motor Vehicle 0 Nuisance El Premises Liability El Product Liability (does not include mass tort) 0 Slander/Libel/ Defamation El Other: ' CONTRACT (do not include Judgments) 0 Buyer Plaintiff 0 Debt. Collection: Credit Card • ., 0 Debt Collection: Other . ---7-----i-l--+------.--i- : ..iii:iii'iiiii.iiiiii• : CIVIL APPEALS Administrative Agencies e 0 Board of Assessment 0 Board of Elections 0 Dept. of Transportation 0 Statutoty Appeal: Other Li Employment Dispute,: Discrimination El Employment I:)ispute: Other • 0 Zoning Board 0 Other: . .. . . . . . • , . . . . .. . .... : .. . ....... . . . . . . . . .. ... .............-...... ..... ........_ .. . . . . . : • • : : MASS TORT El Asbestos E3 Tobacco El Toxic Tort - DES IaToxic Tort - Implant 0 Toxic Waste 0 Other: .... . 0 Otheri . • • • • • ': REAL PROPERTY 0 Ejectment 0 Eminent Domain/Condemnation 0 Ground Rent 0 LandlordiTenant Dispute . 0 Mortgage Foreclosae: Residential MISCELLANEOUS 0 Common Law/Statutory Arbitration Li Declaratory Judgment Li Mandamus 0 Non-Dornestic Relations Restniining Order 0 Quo Warrant() 0 Replevin 0 Other: " : • • • • " — . ....... . PROPESSIONAL LIABILITY ' : Li Dental 0 Legal 0 Medical 0 Other Professional: 0 Mortgage Foreclosure: Commercial El Partition LI Quiet Title 0 Other: - :- ..... .. . . .. . . ..... .. • 4, Pa.R.C..P. 205.5 Updated 01/01/201:1. REVERSE MORTGAGE SOLUTIONS, INC, 2727 SPRING CREEK DRIVE SPRING, TX 77373 Plaintiff, VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 Defendant. 1; CIVIL DIVISION NOTICE NO.: 10-3050-CIVIL TERM 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, C30 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA•YER.. File* 236480 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCLATION CUIVII3ERLANT) COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File-0; 2-36480 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No. 312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 ATTORNEY FOR PLAINTIFF REVERSE MORTGAGE SOLUTIONS, INC; 2727 SPRING CREEK DRIVE COURT OF COMMON PLEAS SPRING, TX 77373 CIVIL DIVISION Plaintiff v. TERM UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND NO, 10 --305 -CIVIL TERM ALL PERSONS, FIRMS, OR ASSOCIATIONS CLALMING RIGHT, TITLE OR INTEREST FROM OR CUMBERLAND COUNTY UNDER RICHARD C. I(OCIIENOUR, DECEASED 825 PENNSYLVANIA AVE LEMOYNE" PA 17043 -1531 File 7: 236480 Defendant AMENDED CIVIL ACTION - LAW COMPLAINT IN MORTGAGE. FORECLOSURE 1. Plaintiff is REVERSE MORTGAGE SOLUTIONS, INC. 2727 SPRING CREEK DRIVE SPRING, TX 77373 The name(s) and lastInown address(es) of the Defendant(s) are: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 who is/are the real 'owner(s) of the property hereinafter described. 3. On 06/14/2007 RICHARD C. KOCHENOUR made, executed and delivered a mortgage upon the premises hereinafter described to SEATTLE MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of Deeds ofCUMBERLAND County, in Mortgage Instrument No. 200737420. By Assignment of Mortgage recorded 06/02/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201014195.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. I019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5.. The mortgage is in default as a result of the death of mortgagor, RICHARD C. KOCHENOUR, on 11/6/2010, and the mortgaged premises is not the principal residence of at.least one.surviving,borrower as more fully set forth in the said mortgage; UitJi:.23 6. The following amounts are due on the mortgage as of 01/24/2013: Principal Balance Interest 06/14/2007 through 01/24/2013 Late Charges Servicer Fees Property Preservations Property Inspections AppraisaliBP0 Mortgage Insurance Premium / Private Mortgage Insurance TOTAL $107,717,53 $12,279.14 $0.00 $1,725,00 $135.00 $120,00 $305.00 $5,471,31 $127,797.98 7. Plaintiff is ot seeking a judgment of personal liability (or an in person= judgment) against the Defendant(s) in. the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have 'received, a. discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in 'bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. The mortgage premises are vacant and abandoned,. 9. Mortgagor RICHARD C. KOCHENOUR died on 11/06/2010 and, upon information and belief, his surviving heir(s) are CYNTHIA A. WHITE and PAMELA SCHAEFFER, 10. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 11. Plaintiff's representative contacted the Register of Wills of BATON ROUGE, LA and was informed that no estate has been raised on behalf of the decedent mortgagor. -Flle ;7: 236480 12. By executed waiver(s), CYNTHIA A. WHITE and PAMELA SCHAEFFER. waived their right to be named as a defendant in the foreclosure action. Said waiver(s) is /are attached as Exhibit "A ". 13. Plaintiff hereby releases RICHARD C. KOCHENOUR, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $:1.27,797.98, together with interest, costs, fees, and charges 'collectible under the mortgage including but not limited to attorney fees and costs, and fo:r the foreclosure and sale of the mortgaged property. By; File 23548-0 PHELAN :HALLINAN, LLP fio i ' an Lobb, Esq., Id. NO. 312174 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in the Borough of Lemoyne, formerly in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, and more particularly bounded and described as follows, to wit: BOUNDED on the North by Ohio Avenue; on the East by Lot #64; on the South by Pennsylvania Avenue; and on the West by l,ot #62, being 50 feet in width on Pennsylvania Avenue and extending in an even width Northwardly 125 feet to Ohio Avenue. BEING Lot #63 on Plan of 'Washington Heights', recorded in. Plan Book 1 page 24. BEING known as 825 Pennsylvania Avenue, Lemoyne, PA 17043. BEING Parcel #12-21-0267-097, PROPERTY ADDRESS: 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043 -1531 PARCEL # 12-2.1-0267-097 Fite. V: 2364{ O Exhibit "A" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, DAVID KNUCKLES, Heir of DAWN M. WALKER, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 5150 RANSTEAD STREET, PHILADELPHIA, PA 19139-3433, in accordance with Section 301(b) of the Pennsylvania •Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my :right tote: named 4't & clefetidant in a ftrxiosurc itoti" a Provi'kd by P4-1R.C!1) 1141 etseq" Avhichnlay. b hurtituted by GNiA(. MOR:IGAGE, Li C /BIM 10 ONIAC MoW,I7G.AcrE CORPORATtO?'i CORPORATIDN:OF VA, itwojvirtg !laid property, which property was owned by the decodent la the time of her death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sate, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriffs sale of the mortgage premises. Date: VtiAlefec' DAVID KNUCKLES, Heir of DAWN M. WALKER, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION 1, .C14, VO A: M. Wikt.K.Eg...i Deceased, heteby aelino Wedge that I nmw have un wneship i.10401: in the icoopatylOcpte-di 451'-5(TRANOTilAD STREET, P1lII.ADE[JHIA, PA 01394433i,inacc4140n,e:1011i, S-dtidni:301(6) :01Ihe I)o1r9ylvinniap4atre;;:t4tawfand,:..Fidotiatigapode:•[2:0 'Pa Q:$;A..SeetiOn301.Q9j. I doliere4 waive my (.40J10;:b5410!41,0-.0.0eindaa in a.-fereelosur0 ation.ag.pr.0101.:1!y et eq., wIiih way be toOtut94.by- 01,4Ac",:tyiCArrC404 mx::51B/M TO OmAt, • T6,A0VCOMWAT.t014:fiiVA.PNIA:(7,1y1ORTGAGEC.-,!.0001ZATI9N"OFRA., ipyqivingsaid.:.prppurty„ which prperty wos.-cycyre:tiy:1:1*-00ewoit at time.ofhof.qoath, hereby consent o the forecosure :aelinn, without any further notice of said action, iiukiding but tWtliffilitx.II0 the ShOirs W.0; and understand that any interest I may have in the mortgaged'premiseS.v411:•be divested'Uttnneorripletion of the foreclosure action. I do retain any and all rights I' may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. bate:. AZONNE WALKER, Heir of DAWN M. WALKER, Deceased VERIFICATION t. by states that he/she is f REVERSE R M(T1",(F TTIONS., srvicing p, gent for Pt 'A; iitjff r t Q. ill atr, th,3 esh .:±F, authorized to make this Verification, and verify that the statements made in the foregoing Amended Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. File#: .236480 Name: Kochenour File 236480 • • R2VERSE MORTGAGE SOLUTIONS, Exhibit "H" Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 FAX #: 215 -568 -7616 February 26, 2014 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED 825 PENNSYLVANIA AVE LEMOYNE, PA 17043 -1531 RE: REVERSE MORTGAGE SOLUTIONS, INC. vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED ET AL. Civil Docket No. 10- 3050 -CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Special Service of the Complaint and all future pleadings and Order. In accordance with CUMBERLAND County Local Rule 208.3(9) I am seeking your concurrence with the requested relief. Please respond to me within one week, by March 6, 2014. Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sincerely, Melissa Reiner Legal Assistant PH # 730315 /MLR Name and Address of Sender PHELAN HALLINAN ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 -1814 15 KOCHENOUR/ MLR/ Decedents Line Article Number Name of Addressee, Street, and Post Office Address I. * * * ** UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED 825 PENNSLVANIA AVENUE LEMOYNE, PA 17043 •, ' U.S. P051 2 3 4 5 6 7 8 RE: KOCHENOUR 730315 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) 5 L E iJ OF THE FROTH li (_ 40 f,o; 3 2014 NAR 13 P11 4: 07 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REVERSE MORTGAGE SOLUTIONS, INC. vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED ET AL. AND NOW, this / 2 i ORDER COURT OF COMMON PLEAS CIVIL DIVISION NO. 10- 3050 -CIVIL TERM CUMBERLAND COUNTY day of /12,,'� -x' 72014, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043 -1531, and by posting of the mortgaged premises at 825 PH # 730315/MLR PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: PH # 730315/MLR PHELAN HALLINAN; LLP • • Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 . . Jonathan .Lobb @phelanhallinan:com • 215 -563 -7000 . REVERSE MORTGAGE SOLUTIONS, INC. : COURT OF COMMON•PLEAS Plaintiff • APE -2 •11.11 MI I "DM3ERLAHD COUNTY PENNSYLVANIA : CIVIL DIVISION vs. : CUMBERLAND COUNTY • UNKNOWN HEIRS, SUCCESSORS., ' • : No. 10- 3050 -CIVIL TERM' • ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate , the Civil .Action in Mortgage Foreclosure with reference to the above captioned matter.: • • PHELAN HALLINAN, LLP • By: Date: 7 /1 J,y /paw, Svc Dept. File# 730315 Jo an Lobb, Esq., Id. No.312174 A orney for Plaintiff ar4 Ck— )Lb as-) )Zt4- 9Dbe3i6p Phelan Hallinan, LLP Michael Dingerdissen, Esq., Id. No.317124 Mi chael.Di ngerdi ssen @ phel anhall i nan.com 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 s' i ,E PA TlpY5 FOR PLAINTIFF 20I4 APR 16 A1110: 07 CUM3E LANE) COUNTY PENNSYLVANIA REVERSE MORTGAGE SOLUTIONS, INC. Plaintiff VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 10- 3050 -CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail, to the following persons, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED at 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043 -1531 on. April 11, 2014, in accordance with the Order of Court dated March 13, 2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: lf / 5/1 By: Phelan Hallinan, LLP • Michael Dingerdissen, Es• , Id. No.31 124 Attorney for Plaintiff Phelan Hallinan, LLP AFFIDAVIT OF SERVICE — CUMBERLAND PAW PLEASE POST BY: 05/02/2014 PLAINTIFF COUNTY: COURT CUMBERLAND NO. 10 -3050 -CIVIL TERM REVERSE MORTGAGE SOLUTIONS, INC. DEFENDANT UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS XX TYPE OF ACTION Mortgage Foreclosure CLAIMING RIGHT, TITLE OR INTEREST FROM Eviction OR UNDER RICHARD C. KOCHENOUR, DECEASED XX Civil Action Complaint on Promissory Note SERVE AT: 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043- 1531 -o j--- , i 1 IT. -%. i.. ,— ***PLEASE POST THE PROPERTY*** .�; — c ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** < k cF -, — Served Posted and made known UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL RIG T, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, AIR? 1. 20 (4 at ¢; lS o'clock, p . M., at 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043 Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. V Other: PBS r t T pR Of j`� PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING DECEASED, Defendant on the (4l 'F'" day of -1531, in the manner described below: Description: Age Height Weight Race Sex Other I Ronald Moll , a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captio ca on the date and e address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relatii g to sworn fa ,ificaut ; es. DATE: 4I l4 ( NAME: PRINTED NAME: Ronald Moll TITLE: Proccss Server NOT SERVED On the day of , 20 at o'clock —. M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: PH # 730315 %,1 Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 LG h1 5 ilArtORNEYS FOR PLAINTIFF No.1.?Ilq.7,_ERL C 0 UN Pt NNS YL VA NIA REVERSE MORTGAGE SOLUTIONS, INC. Plaintiff vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 10 -3050 -CIVIL TERM AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made upon UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED in accordance with the Court Order dated March 13, 2014 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in Cumberland Law Journal on April 18, 2014 and The Sentinel on April 15, 2014. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DA 1E: p'17 4L'1 PH # 730315 ALG Phelan Hallinan, LLP By: ohn Michael Kolesnik, Esq., Id. 08877 Attorney for Plaintiff 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 April 18, 2014 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. Coyne, Edit r i isa Mar SWORN TO AND SUBSCRIBED before me this 18 day of April, 2014 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action—Law No. 10 -3050 -CIVIL TERM REVERSE MORTGAGE SOLUTIONS, INC., Plaintiff vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED, Defendant NOTICE To: UNKNOWN HEIRS, SUCCES- SORS, ASSIGNS AND ALL PER- SONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DE- CEASED You are hereby notified that on December 9, 2013, Plaintiff, RE- VERSE MORTGAGE SOLUTIONS, INC., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylvania, docketed to No. 10 -3050 -CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 825 PENNSYLVANIA AVE., LEMOYNE, PA 17043-1531 where- upon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Apr. 18 40 '13o3(S hit) PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Patrick Doane, Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 15, 2014. COPY OF NOTICE OF PUBLICATION ,I NOTICE OF ACTION IN MORTGAGE FORECLOSURE ' t1DURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . SOLUTIONS, INC. • .1tiff ;mss jury 'Yrey4.Z sm HARC CHENOUR, DECEASED cedant Rs CESSORS,ASSIGNS, SONRMS, OR ASSOCIATIONS GHTE OR INTEREST FROM OR NOTICE COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 10-30 50-C I V I L T E R M OWN.'UCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING IT v" 'IIEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED hhereb'at on December 9, 2013, Plaintiff, REVERSE MORTGAGE SOLUTIONS, INC., filed a ou in the Court of Common Pleas of tgage F`y Pennsylvania, a, do ketedlaint endorsed with to No. 10-3050-CIVINotice to Defend, L TERM.ainst Wherein Plaintiff seeks to foreclose 1 `IB mored on your property located at 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531 she rty would be'sold bythe Sheriff of CUMBERLAND County. ereuPonq are htI) epl plea tbeo heta abovehe against you. referenced Complaint on or before 20 days from the date of this lblica 1 +mu• st enter a written appearance personally or by attorney and file your defenses or objections wriu� i You are warned that if you fail to do so the case may proceed without you and a judgment be you without further notice for the relief requested by the plaintiff. You may lose money or may ]fimportant to you. proPefi S NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR DU SH ICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION TELE ER. ABOUtD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH = YOU ST AGENCIES THAT MAY OFFER LEGAL SERVICES TO,ELIGIBLE PERSONS AT A INFOb FEE. FtEDI NOTICE CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 16Th d°-5 ;C1 app 2614 Lin Not My commission expires: Public COMMONWEALTH OF PENNSYLVANIA Notarial Spill Bethany M. Hoitry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNS 'i.VANIA ASA:CIA T 10N OF NOTARIES <f Ec_L�.,:(f 1Tim ri CiiN'dC%,r, PHELAN HALLINAN, LLP (;AUG 12 API Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 �� �1 1617 JFK Boulevard, Suite 1400 C(JP1S'PENNS L4'� �; (Er sAyr CGU,yT ` One Penn Center Plaza ,t Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 REVERSE MORTGAGE SOLUTIONS, : CUMBERLAND COUNTY INC. vs. : COURT OF COMMON PLEAS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, : CIVIL DIVISION OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM : No. 10 -3050 -CIVIL TERM OR UNDER RICHARD C. KOCHENOUR, DECEASED 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 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $127,797.98 $127,797.98 I hereby certify that (1) the Defendant's last known address is 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date X//"(//9s Adam H. Davis, Esq., Id. No.203034 Attorney forklainti DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 730315 PROTHONOTARY a.} -* 1 4�14y 730 co:76g 213oT l Nab.ce r O R 11 P. 13 CUMBERLAND COU, i `t PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REVERSE MORTGAGE SOLUTIONS, INC. COURT OF COMMON PLEAS CIVIL DIVISION vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED ET AL. AND NOW, this / ORDER NO. 10 -3050 -CIVIL TERM CUMBERLAND COUNTY day of Pala.s_k, , 2014, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531, and by posting of the mortgaged premises at 825 PH # 730315/MLR PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: PH # 730315/MLR PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 REVERSE MORTGAGE SOLUTIONS, INC. vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No. 10 -3050 -CIVIL TERM 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 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED's Social Security Number is not available because she is not the borrower on the loan, and thus, we are unable to determine whether or not UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED is in military service. (b) that it is unknown whether defendant UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED is over 18 years of age and resides at 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ns Date �fJ //7/�i Phelan Hallinan, Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 730315 Department of Defense Manpower Data Center Status Report Pursuant to Service ie nbers Civ 11 e ef Act Last Name: KOCHENOUR First Name: RICHARD Middle Name: C Active Duty Status As Of: Aug -11-2014 Results as of : Aug -11-2014 12:06:51 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the` Active; Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based 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. 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 REVERSE MORTGAGE SOLUTIONS, INC. vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, . OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : RICHARD C. KOCHENOUR, DECEASED : : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No. 10 -3050 -CIVIL TERM Notice 's given that a Judgment in the above captioned matter has been entered against you on ( '1, �. B If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 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. ** 730315 REVERSE MORTGAGE SOLUTIONS, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, NO. 10 -3050 -CIVIL TERM AND ALI. PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM CUMBERLAND COUNTY OR UNDER RICHARD C. KOCHENOUR, DECEASED Defendant(s) TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR. ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 f f DATE OF NOTICE: -717 xfitil 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. PH # 730315 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 730315 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Michael Dingerdissen, Esq., Id. No317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Reverse Mortgage Solutions, Inc. Plaintiff v. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Richard C. Kochenour, Deceased Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Cs) ppz\- Interest from 08/13/2014 to Date of Sale ($21.01 per diem) TOTAL Note: Please attach description of property. PH # 730315 c.oc<< . Sb`` : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10 -3050 -CIVIL TERM : CUMBERLAND COUNTY $127,797.98 $2,374.13 n • $130,172.11 rico Phelan Hallinan, LLP oC Adam H. Davis, Esq., Id. No.203034 C Attorney for Plaintiff --t -'-tk),2_ (1,o • �a.as LJLft/�9&8 I , \p -H- 309-0 i, -� LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in the Borough of Lemoyne, formerly in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, and more particularly bounded and described as follows, to wit: BOUNDED on the North by Ohio Avenue; on the East by Lot #64; on the South by Pennsylvania Avenue; and on the West by Lot #62, being 50 feet in width on Pennsylvania Avenue and extending in an even width Northwardly 125 feet to Ohio Avenue. BEING Lot #63 on Plan of 'Washington Heights', recorded in Plan Book 1 page 24. BEING improved with a one-story dwelling No buildings nor parts of buildings shall be erected on said land within 30 feet of the northern line of Pennsylvania Avenue. UNDER AND SUBJECT, NEVERTHELESS, to conditions, easements, restrictions and rights- of-way of prior record. TITLE TO SAID PREMISES IS VESTED IN Richard C. Kochenour, single man, by Deed from Lawrence J. Bottaro and Jennifer L. Bottaro, fka, Jennifer L. McNatt, his wife, dated 01/03/2001, recorded 01/05/2001 in Book 237, Page 322. The said Richard C. Kochenour died on 11/6/2010, and upon information and belief his surviving heirs are Cynthia A. White and Pamela Schaeffer. PREMISES BEING: 825 Pennsylvania Ave, Lemoyne, PA 17043-1531 PARCEL NO. 12-21-0267-097 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Reverse Mortgage Solutions, Inc. Plaintiff v. U ILED-OO:1-;u_ fHE PRO THOHOTAN 2014 AUG 12 Ali 10: U 9 CUMBERLAND COUNTY PENNSYLVANIA Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Richard C. Kochenour, Deceased Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10 -3050 -CIVIL TERM . CUMBERLAND County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant 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: j !i Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Reverse Mortgage Solutions, Inc. Plaintiff rL ..`G' OF t� + t?0 l+a 0t% o• OURT OF COMMON PLEAS 2ji 1` : ; IL DIVISION V. PEttN41 Unknown Heirs, Successors, Assigns, and All Persons, Yip VA NIA . 10 -3050 -CIVIL TERM Firms, or Associations Claiming Right, Title or Interest From or Under Richard C. Kochenour, Deceased CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Reverse Mortgage Solutions, Inc., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 825 Pennsylvania Ave, Lemoyne, PA 17043-1531. Name and address of Owner(s) or reputed Owner(s): Name UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED 2. Name and address of Defendant(s) in the judgment: Name UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED Address (if address cannot be reasonably ascertained, please so indicate) 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 Address (if address cannot be reasonably ascertained, please so indicate) 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 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) BANK OF AMERICA, NA 190 QUEEN ANNE AVENUE NORTH SUITE 400 SEATTLE, WA 98109 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) SECRETARY OF HOUSING AND URBAN 451 SEVENTH STREET, SOUTHWEST DEVELOPMENT WASHINGTON, DC 20410 SECRETARY OF HOUSING AND URBAN 11120 NE 33RD PLACE, SUITE 200 DEVELOPMENT C/O SEATTLE MORTGAGE BELLEVUE, WA 98004 COMPANY SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O STRONG ABSTRACT, INC. PH # 730315 1974 SPROUL ROAD, SUITE 103 BROOMALL, PA 19008 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 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 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 U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 CYNTHIA A. WHITE, IN HER CAPACITY AS 9150 OLD GARDEN AVE HEIR OF RICHARD C. KOCHENOUR, BATON ROUGE, LA 70809-1964 DECEASED PAMELA SCHAEFFER, IN HER CAPACITY AS HEIR OF RICHARD C. KOCHENOUR, DECEASED 7021 VIA COELLO CARLSBAD, CA 92009-6619 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: F77%// By: PH # 730315 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Reverse Mortgage Solutions, Inc. vs. OFF N PROTi NOP O TAS: 2014 AUG 12 AM Ib: pURT OF COMMON PLEAS CUNBEf Oit tftOuNgI'VIL DIVISION PENNSYLVANIA : NO.: 10 -3050 -CIVIL TERM Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under : CUMBERLAND County Richard C. Kochenour, Deceased Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Richard C. Kochenour, Deceased 825 Pennsylvania Ave Lemoyne, PA 17043-1531 **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 825 Pennsylvania Ave, Lemoyne, PA 17043-1531 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $127,797.98 obtained by Reverse Mortgage Solutions, Inc. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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.) 37OU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 10 -3050 -CIVIL TERM Reverse Mortgage Solutions, Inc. v. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Richard C. Kochenour, Deceased owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, CUMBERLAND County, Pennsylvania, being 825 Pennsylvania Ave, Lemoyne, PA 17043-1531 Parcel No. 12-21-0267-097 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $127,797.98 Attorneys for Plaintiff Phelan Hallinan, LLP w LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in the Borough of Lemoyne, formerly in East Pennsboro Township, County of Cumberland, and State of Pennsylvania, and more particularly bounded and described as follows, to wit: BOUNDED on the North by Ohio Avenue; on the East by Lot #64; on the South by Pennsylvania Avenue; and on the West by Lot #62, being 50 feet in width on Pennsylvania Avenue and extending in an even width Northwardly 125 feet to Ohio Avenue. BEING Lot #63 on Plan of 'Washington Heights', recorded in Plan Book 1 page 24. BEING improved with a one-story dwelling No buildings nor parts of buildings shall be erected on said land within 30 feet of the northern line of Pennsylvania Avenue. UNDER AND SUBJECT, NEVERTHELESS, to conditions, easements, restrictions and rights- of-way of prior record. TITLE TO SAID PREMISES IS VESTED IN Richard C. Kochenour, single man, by Deed from Lawrence J. Bottaro and Jennifer L. Bottaro, fka, Jennifer L. McNatt, his wife, dated 01/03/2001, recorded 01/05/2001 in Book 237, Page 322. The said Richard C. Kochenour died on 11/6/2010, and upon information and belief his surviving heirs are Cynthia A. White and Pamela Schaeffer. PREMISES BEING: 825 Pennsylvania Ave, Lemoyne, PA 17043-1531 PARCEL NO. 12-21-0267-097 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net REVERSE MORTGAGE SOLUTIONS, INC. Vs. NO 10-3050 Civil Term CIVIL ACTION — LAW UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C KOCHENOUR, DECEASED WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $127,797.98 L.L.: $.50 Interest FROM 8/13/2014 TO DATE OF SALE ($21.01 PER DIEM) - $2,374.13 Atty's Comm: Atty Paid: $196.15 Plaintiff Paid: Date: 8/12/14 (Seal) REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLANTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 Due Prothy: $2.25 Other Costs: DA\ILb ---8LLELL David uell, Protho By: Deputy .0.671 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 REVERSE MORTGAGE SOLUTIONS, INC. Plaintiff VS. F1LED-CFFICE OF THE PROTHONOTr, t 20I4 SEP 25 1 9: 57 CUMBERLAND COUNTY PENNSYLVANIA UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-3050-CIVIL'1'ERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail, to UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, T1`1LE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED on 8/25/2014 in accordance with the Order of Court dated 3/13/2014. The property was posted on 8/25/2014. Publication was advertised in The Cumberland Law Journal on 9/5/2014 & in The Sentinel on 8/27/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, L P DATE: I I )Pi By: ji:d Jonath/ •bb, Esq., Id. No.312174 Attorney for Plaintiff THE: PRO THOU r' 2014 MAR 13 PM 4: 07 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REVERSE MORTGAGE SOLUTIONS, INC. vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, : AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED ET AL, ORDER AND NOW, this /34k— day of COURT OF COMMON PLEAS CIVIL DIVISION NO. 10 -3050 -CIVIL TERM CUMBERLAND COUNTY , 2014, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR 1N1EREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531, and by posting of the mortgaged premises at 825 PH # 730315/MLR PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: PH # 730315/MLR 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 -1303 c 5 S Pc_ 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 September 5, 2014 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. isa Marie Coyne, E SWORN TO AND SUBSCRIBED before me this 5 day of September, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 i CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10 -3050 -CIVIL TERM REVERSE MORTGAGE SOLUTIONS INC. vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR AS- SOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHEN- OUR, DECEASED Being Premises: 825. PENNSYL- VANIA AVE., LEMOYNE, PA 17043- 1531. Being in LEMOYNE BOROUGH, County of CUMBERLAND, Com- monwealth of Pennsylvania, 12-21- 0267-097. Improvements consist of residen- tial property. Sold as the property of UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED. Your house (real estate) at 825 PENNSYLVANIA AVE., LEMOYNE, PA 17043-1531 is scheduled to be sold at the Sheriff's Sale on Decem- ber 3, 2014 at 10:00 A.M. at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $127,797.98 8 obtained by, REVERSE MORTGAGE SOLUTIONS, INC. (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorneys for Plaintiff Sept. 5 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Cathy Clark, Advertising Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of August 27, 2014. COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 -3050 -CIVIL TERM REVERSE MORTGAGE SOLUTIONS, INC. Vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premises: 825 PENNSYLVANIA AVE, LEMOYNE, PA 17043-1531 Being in LEMOYNE BOROUGH, County of CUMBERLAND, Commonwealth of Pennsylvania; 12-21-0267-097. Improvements consist of residential property. Sold as the property of UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED Your house (real estate) at 825 PENNSYLVANIA AVE, LEMOYNE, PA ' 17043-1531 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $127,797.98 obtained by, REVERSE MORTGAGE SOLUTIONS, INC. (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this cic9 ob a)14- . �i.SPR Notar{r Public My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M. Holtry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNSYL'!PN:AsS(M`TM oF' ' TPo,rF AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY REVERSE MORTGAGE SOLUTIONS, INC. PH # 730315 DEFENDANT SERVICE TEAM/ lith UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL COURT NO.: 10-3050-C1YIL TERM PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED SERVE UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL TYPE OF ACTION PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, XX Notice of Sheriff's Sale TITLE OR INTEREST FROM OR UNDER RICHARD C. SALE DATE: December 3, 2014 KOCBENOUR, DECEASED AT: 825 PENNSYLVANIA AVE LEMOYNE, PA 17043-1531 **Please post property with Notice of Sale in accordance with Court Order** SERVED Served and made known to UNKNOWN ITEMS. SUCCESSORS, ASSIGNS, AND ALL PERSONS. FIRMS. OR ASSOCIATIONS CLAIMING RIGHT 'ITl%E 4R 1 , • T FR • M OR .: DER ' CHARD C. KOCHENOC DECEASED, Defendant on the day of - (402011: at 10: 2r , o'clock. A. M., at '4 2 pia Sir vhs+1Q ' EA, ye- , in the manner described below: Defendant personally served. Mvy1vE, p4, Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. 7 other: Posse -it. P124fieR71 wimorte. o G stLt;— Desca iption: Age Height Weight Race Sex Other kui lair! MOI1 , a competent adult, hereby -handed a t p mpe verify that I personally lst�ed 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. DATE: 40-5-1 1 lc' NAME: PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the day of , 20 , at o'clock M., I, , a competent adult hereby state that1e endant NOT FOUND 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 unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLA1NTIFIE Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 441, Name and Address of Sender PHELAN HALLINAN LLP One Penn Center at Suburban, Suite 1400 Philadelphia, PA 19103 Col Line Article Number Name of Addressee, Street, and Post Office Address Page .1 ..r '` .• �. .. l 1 •••• Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or interest From or Under Richard C. Kochenour, Deceased 825 Pennsylvania Ave Lemoyne, PA 17043-1531 2 ****,_ 4 **** 5 6 **** 7 •**• 8 *•** 9 **** 10 •••• •,_ 11 **•• 12 *••• , l JSZ 7 ''S 13*~`. 14 15 RE: KOCHENOUR PH -730315 BUCKS Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) SPL -CERTIFICATE OF MAJLING-NOS CODE -1020 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REVERSE MORTGAGE SOLUTIONS, INC. Plaintiff, v. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER RICHARD C. KOCHENOUR, DECEASED Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10 -3050 -CIVIL TERM 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". Date: folz 77/F Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 730315 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphie, PA 19103 AZK/JKM -12/03/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address Postage o t O v Pkil ttt � v 1 o - w" ; c 0 , `` r•,ac< '' % ' _k ' +le > • `•.3 > ` ' 1 **** TENANT/OCCUPANTn 825 PENNSYLVANIA AVE LEMOYNE,$0.47 PA 17043-1531 "•' 2 •**• Bank of America, NA 190 Queen Anne Avenue North Suite 400 Seattle, WA 98109 $0.47. i ' -4""'` -..:a.. "" ''"' e41 3 •*** Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division 6th Floor, Strawberry Sq. Dept 280601k Harrisburg, PA 17128 Department of Public Welfare, TPL Casually Unit, Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 f$0:47' i o -S\ s. $6:47/E . , `' 4 **** 5 ss*• Secretary of Housing and Urban Development 451 Seventh Street, Southwest Washington, DC 20410 $0.47 6 **** Secretary of Housing and Urban Development C/O Seattle Mortgage Company 1.1120 NE 33RD PLACE, SUITE 200 BELLEVUE, WA 98004 $0.47 7 **** Secretary of Housing and Urban Development C/O Strong Abstract, Inc. 1974 SPROUL ROAD, SUITE 103 BROOMALL, PA 19008 $0.47 8 ses• Cynthia A. White, in Her Capacity as Heir of Richard C. Kochenour, Deceased 9150 OLD GARDEN AVE BATON ROUGE, LA 70809-1964 $0.47 9 *ars Pamela Schaeffer, in Her Capacity as Heir of Richard C. Kochenour, Deceased 7021 VIA COELLO CARLSBAD, CA 92009.6619 $0.47 10 *•** Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 $0.47 11 **** Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 12 **** Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 $0.47 13 **** U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 $0.47 �.. RE: RIGHARD'C. KOCHENOUR, (CUMBERLAND) PH # 730315/1021 Page I or] Writ Team $6.11 Toll Number -oil— — ""' Pieces listed by Scarlet "" Thal Number Of Pieces Received., Post Office Festnucler. Per (Name of Receiving Employee) Thc full declaration of value is respired on all domestic and interrufwnsi repint ted mill, The rna,imum indemnity payable fartle reconstruction of nonncgaiabk documents under Express Moil document reconstruction moan. is 550.0111 per piece subject to a limit °ISNn.trn pet occurrence. The maximum, indemnity payable on Express Moil merchandise is 5515.1 The maximum indemnity payable is 525.000 for registered nail. sent wiih npOonal insurance. See Dnncaic Mail Manual 59n15913 and 5921 fur limitntinm of coverage. Form 3877 Facsimile