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HomeMy WebLinkAbout12-3454L: it I C F r!11:!r; 4irk R'3 4u V1'YI kJ ID PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 RBS CITIZENS N.A. 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 Plaintiff v. 287760 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CiUil t -3 LSc1 No. o STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY 126 SOUTH RICHARD STREET BEDFORD, PA 15522-1335 Defendant CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 287760 S-) io3.?spud.?,, ? IIR3a?y 2?a?s971 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 #: 287760 Plaintiff is RBS CITIZENS N.A. 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 2. The name(s) and last known address(es) of the Defendant(s) are: STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY 126 SOUTH RICHARD STREET BEDFORD, PA 15522-1335 who is/are the real owner(s) of the property hereinafter described. 3. On 06/04/2008 HELEN C. KELLEY made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200819420.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 287760 6 The following amounts are due on the mortgage as of 12/29/2011: Principal Balance $182,551.85 Interest $6,448.42 06/01/2011 through 12/29/2011 Late Charges $345.60 Property Inspections $41.00 Escrow Deficit $273.90 TOTAL 5189,660.77 7 8 9 10 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. The mortgage premises are vacant and abandoned. Mortgagor HELEN C. KELLEY died on 06/13/2011, leaving a Will dated 07/20/2006. Letters Testamentary were granted to STEPHEN M. KACHMAN on 06/27/2011 in CUMBERLAND COUNTY, No. 21-2011-719. Decedent's surviving heir(s) at law and next-of-kin is STEPHEN M. KACHMAN. Plaintiff does not hold the named Defendant(s), STEPHEN M. KACHMAN, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 287760 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $189,660.77, 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 & SC\HMIEG, LLP V Melissa J. Cantwell, Esquire Attorney for Plaintiff File #: 287760 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, appearing as Lot No. 41 on Drawing No. 5 of the Final Subdivision Plan of Walnut Court as recorded in Cumberland county Plan Book 48, Page 133, et seq. and being more particularly bounded and described in accordance with said Subdivision Plan as follows: BEGINNING at a point at the southwestern corner of Lot No. 40; thence along White birch Lane South 83 degrees 45 minutes 00 seconds West 28 feet to a point at the southeastern corner of Lot No. 42; thence along the said Lot NO. 42 North 06 degrees 15 minutes 00 seconds West 160 feet to a point at the northeastern corner of Lot No. 42; thence North 83 degrees 45 minutes 00 seconds East 28 feet to a point at the northwestern corner of Lot No. 40; thence along the said Lot No. 40 South 06 degrees 15 minutes 00 seconds East 160.00 feet to a point, the Place of BEGINNING. SUBJECT to and together with the 20 feet wide service drive easement appearing on said Subdivision Plan. UNDER AND SUBJECT to the declaration of protective covenants, restrictions and reservations dated March 8, 1990 and recorded in Cumberland County Misc. Book 380, Page 582. TOGETHER with and subject to the right of ingress and egress over the common driveway for Lot Nos. 34 through 39 of the aforementioned subdivision. File #: 287760 SUBJECT to and together with easements shown and listed on all four phases of the plans for the Walnut Court Subdivision intended for the use by the owners and occupants of the townhome portion of said subdivision for access and storm water management. IT BEING the same premises which Chloe M. Hair, Widow, by her deed dated April 29, 2005 and recorded May 3, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 268 at Page 3596, granted and conveyed unto Helen C. Beard now known as Helen C. Kelley, the Grantor herein. The said Helen C. Beard has since resumed her maiden name of Helen C. Kelly as filed July 21, 2006 in the Court of Common Pleas York County, Pennsylvania to No. 2004-FC-001995-02. PROPERTY ADDRESS: 1226 WHITE BIRCH LANE, CARLISLE, PA 17013-3580 PARCEL # 50-21-0324-036 File #: 287760 VERIFICATION 1 C L?gereby states that he/she is -1 rJiE=C'f pure weer" oftco T MORTGAGE, A DIVISION OF RBS CITIZENS BANK, N.A, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of 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. Flame: T v -? ?.? 1f? ??,t DATE: Title' tC?oS?2 4tc'l A ?CCO MORTGAGE, A DIVISION OF RBS CITIZENS BANK, N.A File#: 287760 Name: KACHMAN File #: 287760 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-70006 FAX: 215-568-7616 Email: complaintskfedphe.com p April 4, 2012 Representing Lenders in Pennsylvania and New Jersey Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: RBS CITIZENS N.A. vs. STEPHEN M. KACHMAN 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 sheriff s office advised our office on 04/04/2012 that sheriffs costs total $COST for this file. If there is a concern regarding the costs, please contact COURTNEY E. COLLINS 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 & Schmieg, LLP COMPLAINT DEPARTMENT File 0. 287760 RBS CITIZENS, N.A., Plaintiff VS. STEPHEN M. KACHMAN, in his capacity as Executor and Devisee of the Estate of Helen C. Kelley, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3454 CIVIL ORDER AND NOW, this 6" day of June, 2012, proceedings herein are stayed pending compliance with our Administrative Order dated February 28, 2012, and, specifically, pending service of the Notice of Residential Mortgage Foreclosure Diversion Program and the Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet set forth in Form 1 and Form 2, as amended, attached to said Administrative Order. BY THE COURT, ? Melissa Cantwell, Esquire For the Plaintiff Stephen M. Kachman 126 South Richard Street Bedford, PA 15522-1335 :rlm &P',eS k . r? c _. i - ?L ?' 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4atu?r yr t;i?r!tls?,r( jE y? a ;^'C;r:ri s 7112 JUL -3 AM 8, 24 CUMBERLAND COUNTY PE NSYLVANIr^ RBS Citizens, N.A. vs. Stephen M. Kachman Case Number 2012-3454 SHERIFF'S RETURN OF SERVICE 06/07/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Stephen M. Kachman, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Bedford County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 06/12/2012 08:30 AM - Bedford County Return: And now June 12, 2012 at 0830 hours I, Charwin Reichelderfer, Sheriff of Bedford County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stephen M. Kachman by making known unto himself personally, at 126 S. Richard Street, Bedford, Pennsylvania 12222 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/29/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Stephen M. Kachman, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Stephen M. Kachman. Request for service at 1226 White Birch Lane, Carlisle, Pennsylvania 17013 is currently unoccupied. The Carlisle Postmaster has confirmed, Stephen M. Kachman is not known at this address. SHERIFF COST: $70.00 June 29, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S OFFICE.OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Richard W Stewart Chief Deputy , Solicitor RBS Citizens, N.A. vs. Case Number Stephen M. Kachman 2012-3454 SERVICE COVER SHEET 0 N N Service Details; o Category: Civil Action - Complaint in Mortgage Foreclosure Zone: X Manner: Deputize Expires: 06/29/2012 Warrant: Notes: N N N T Q a. o Serve To: o` O Name: Stephen M. Kachman w Primary 126 S. Richard Street m Address: Bedford, PA 15522 H w Lu Phone: DOB: H CO Q Alternate Q Address: x U Phone: cl) Attorney l Originator. W N _. Name: Phelan Hallinan & Schmieg Service Attempts: Date: Time: N Mileage: j c4 Deputy: ° Notes / Special Instructions: Final Service: Served. Personal) - Adult In Charge - Posted - Other Adult In Charge C` . , r Relation: ode roao f Date: Time: Deputy. Mileage: Phone: 215-563-7000 - - --------------------- Ash* D. F" Not&y public Bo% Z -L ' Y 1 C MY ? UP11" A UQ- 17, 2015 (L )CtA MEMPER. oEMNSYLYANU ASSOClAnpq OF NUrA N Now, June 07, 2012 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Bedford County to z execute service of the documents herewith and make return thereof according to law. a Return To: Q Cumberland County Sheriff's Office i Y One Courthouse Square Carlisle, PA 170'13 -« Bonny R Anderson, Sheriff L I3 K R 13 Pll 1. 01 PE,JM' SYLVANI, PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff RBS CITIZENS N.A. 10561 TELEGRAPH ROAD Court of Common Pleas GLEN ALLEN, VA 23059 Civil Division Plaintiff Term Vs No.2012-3454-CIVIL STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C.KELLEY Cumberland County 126 SOUTH RICHARD STREET BEDFORD,PA 15522-1335 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Bank of America, Successor (hereinafter "Plaintiff"), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On May 31, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due July 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On June 12, 2012, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendants. A true and correct copy of the Affidavit of Service is attached hereto,made part hereof and marked as Exhibit B. 287760 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty(60)days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request,the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty(20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LL Date: BY: o lfph . Sch al , Es ire A or Plaintiff 287760 Exhibit A 287760 �,= i HE PR�HONO'fAR� v 2Q12 MA'( 31 PM 1=25 Clj14S R YL ANCOUNTY PE PHELAN HALLINAN 8t SCHMIEG,LLP Mersa J.Cantwell,Esq.,Id No.308912 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Pam Center Plaza PhiladelpW PA 19103 215-563-7000 287760 RBS CITIZENS N.A. 10561 TELEGRAPH ROAD COURT OF COMMON PLEAS GLEN ALLEN,VA 23059 CIVIL DIVISION Plaintiff V. TERM r� e-2JQ STEPHEN M.KACHMAN,IN HIS CAPACITY AS NO. o� E)CEC[TTOR AND DEVISEE OF THE ESTATE OF HELEN C.KELLEY CUMBERLAND COUNTY 126 SOUTH RICHARD STREET BEDFORD,PA 15522-1335 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE PORECLOS,SURE. so to OSW'&W olft �TT(�f�rl�'`7 r sLE COP' oAfedaf PLE ^% RETI IRPI record File#: 287760 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 fling 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#: 287760 1. Plaintiff is RBS CITIZENS N.A. 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 2. The name(s) and last known address(es) of the Defendant(s) are: STEPHEN M. KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY 126 SOUTH RICHARD STREET BEDFORD,PA 15522-1335 who is/are the real owner(s)of the property hereinafter described. 3. On 06/04/2008 HELEN C. KELLEY made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200819420.The mortgage and assignment(s), if any, are matters of public record and'are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4, The premises subject to said mortgage is described as attached. 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File u: 287760 6. The following amounts are due on the mortgage as of 12/29/2011: Principal Balance $182,551.85 Interest $6,448.42 06/01/2011 through 12/29/2011 Late Charges $345.60 Property Inspections $41.00 Escrow Deficit $273.90 TOTAL $189,660.77 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 HELEN C. KELLEY died on 06/13/2011, leaving a Will dated 07/20/2006. Letters Testamentary were granted to STEPHEN M. KACHMAN on 06/27/2011 in CUMBERLAND COUNTY,No. 21-2011-719. Decedent's surviving heir(s) at law and next-of-kin is STEPHEN M. KACHMAN. 10; Plaintiff does not hold the named Defendant(s), STEPHEN M. KACHMAN,personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 4.1.44(a)(2) and 20 Pa.C.S.A. § 301(b). File#: 287760 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $189,664.77, 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 & SCHMIEG, LLP Melissa J. Cantwell, Esquire Attorney for Plaintiff File#: 287760 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, appearing as Lot No. 41 on Drawing No. 5 of the Final Subdivision Plan of Walnut Court as recorded in Cumberland county Plan Book 48, Page 133, et seq. and being more particularly bounded and described in accordance with said Subdivision Plan as follows: BEGINNING at a point at the southwestern corner of Lot No. 40; thence along White birch Lane South 83 degrees 45 minutes 00 seconds West 28 feet to a point at the southeastern corner of Lot No. 42; thence along the said Lot NO, 42 North 06 degrees 15 minutes 00 seconds West 1.60 feet to a point at the northeastern corner of Lot No. 42; thence North 83 degrees 45 minutes 00 seconds East 28 feet to a point at the northwestern corner of Lot No. 40; thence along the said Lot No. 40 South.06 degrees 15 minutes 00 seconds East 160.00 feet to a point, the Place of BEGINNING. SUBJECT to and together with the 20 feet wide service drive easement appearing on said Subdivision Plan. UNDER AND SUBJECT to the declaration of protective covenants, restrictions and reservations dated March 8, 1990 and recorded in Cumberland County Misc. Book 380, Page 582, TOGETHER with and subject to the right of ingress and egress over the common driveway for Lot Nos. 34 through 39 of the aforementioned subdivision. File N: 287760 SUBJECT to and together with easements shown and listed on all four phases of the plans for the Walnut Court Subdivision intended for the use by the owners and occupants of the townhome portion of said subdivision for access and storm water management. IT BEING the same premises which Chloe M. Hair, Widow, by her deed dated April 29, 2005 and recorded May 3, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 268 at Page 3596, granted and conveyed unto Helen C. Beard now known as Helen C. Kelley, the Grantor herein. The said Helen C. Beard has since resumed her maiden name of Helen C. Kelly as filed July 21, 2006 in the Court of Common Pleas York County, Pennsylvania to No. 2004-FC-001995-02. PROPERTY ADDRESS: 1226 WHITE BIRCH LANE, CARLISLE,PA 17013-3580 PARCEL#50-21-0324-036 Fite q: 287760 VERIFICATION . =hereby states that he/she isrc'Ire�r �CO MORTGAGE,A DIVISION OF RBS CITIZENS BANK,N.A,Plaintiff in this matter,that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of 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. DATE: ameESTti�1� �;� Title. CCO MORTGAGE,A DIVISION OF RBS CITIZENS BANK,N.A File#: 287760 Name:KACHMAN File#: 287760 Exhibit B 287760 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F!L Sherri/ t` 7 ,1 rr ayrxtr nt��tirat�rr�a TI"sE :':�0'3 r,.,..0 Jody s smith � n, Chief Deputy N12 JUL -3 AM 8'- 24 Richard W Stewart ' '• CUMBERLAND CO UNTY Solicitor }ffCE^f TtE$�ERfK PENNSYLVANIA RBS Citizens, N.A. VS. Case Number Stephen M. Kachman 2012-3454 SHERIFF'S RETURN OF SERVICE 06107/2012 Ronny R.Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant,to wit: Stephen M. Kachman, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Bedford County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 06112/2012 08:30 AM-Bedford County Return: And now June 12, 2012 at 0830 hours i, Charwin Reichelderfer, Sheriff of Bedford County, Pennsylvania,do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant,to wit: Stephen M. Kachman by making known unto himself personally,at 126 S. Richard Street, Bedford, Pennsylvania 12222 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/2912012 Ronny R.Anderson,Sheriff,who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Stephen M. Kachman,but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Stephen M. Kachman. Request for service at 1226 White Birch Lane, Carlisle, Pennsylvania 17013 is currently unoccupied. The Carlisle Postmaster has confirmed, Stephen M. Kachman is not known at this address. SHERIFF COST:$70.00 SO ANSWERS, June 29,2012 RON R ANDERSON, SHERIFF I 5.j CoWtysu,te sl-*e f; SHERIFF'S OFFICE.OF CUMBERLAND COUNTY Ronny R Andersonn of =ucnGrrja Sheriff Jody S Smith Richard W Stewart Chief Deputy OFF:4E CF rr,E SKRic� Solicitor RBS Citizens, N.A. Case Number vs. Stephen M. Kachman 2012-3454 SERVICE COVER SHEET N e� Category: Civil Action-Complaint In Mortgage Foreclosure Zone: X Manner: Deputize Expires: Q6/29/2012 Warrant: ur Notes: N N I{Q N T 0 4 O Name: Stephen M.Kachman Served: ersortall Adult In Charge- Posted Other U. W Primary 126 S.Richard Street Adult in i m Address: Bedford,PA 15522 Charger 1cX1... 1C1C. 1.( 1 dPhone: DOB: Relation: Alternate p Date: , Time: a Address: 1 1A.�_� _ U Phone: Deputy. Mileage: .s „ ; w N �- Name: Phelan Haiiinan&Schmieg Phone: 215-563-7000 Time: N Mileage: N Deputy. �j YNNL- X✓ RsttKy rcupc t 'a> , X i+ fiu+y huh i i L a eta ru �- Flow,June 07,2012 1, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Bedford County to execute service of the documents herewith and make return thereof according to law. d Return To: U Cumberland County Sheriff's Office One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff RBS CITIZENS N.A. Court of Common Pleas 10561 TELEGRAPH ROAD GLEN ALLEN,VA 23059 Civil Division Plaintiff Term Vs No.2012-3454-CIVIL STEPHEN M.KACHMAN,IN HIS CAPACITY AS Cumberland County EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C.KELLEY 126 SOUTH RICHARD STREET BEDFORD,PA 15522-1335 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: STEPHEN M.KACHMAN 126 SOUTH RICHARD STREET BEDFORD,PA 15522-1335 Date: B ejd44? gep Schalk, Esquire orney for Plaintiff 287760 IN THE COURT OF COMMON PLEAS CUMBERLAND COUiY,PENNSYLVANIA RBS CITIZENS N.A. 10561 TELEGRAPH ROAD Court of Common Pleas GLEN ALLEN,VA 23059 Civil Division Plaintiff Term Vs No.2012-3454-CIVIL STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF Cumberland County HELEN C.KELLEY 126 SOUTH RICHARD STREET BEDFORD,PA 15522-1335 Defendant ; ORDER . AND NOW,this Z!' day of .*VoroA j X013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed i jwith its Mortgage Foreclosure Action. BY THE COURT: i J. C-) MM =C r� rn � F == :�a -orn 4LnCy" N CCw 7�LC1161Q<v ��1'titGr-r �C? to �$•. J 287760 CC: Stephan M. Kachman f' Joseph P. Schalk, Esq., Id.No. 91656 '''; Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk,Esq., Id. No. 91656 126 Locust Street Harrisburg,PA 17101 215-563-7000 STEPHEN M.KACHMAN 126 SOUTH RICHARD STREET BEDFORD,PA 15522-1335 287760 F ILEO-OF F ICE OF THIL PROTHONOTARY PHELAN HALLINAN, LLP ��l 2 Q I: Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 RBS CITIZENS N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS STEPHEN M. KACHMAN,IN HIS CIVIL DIVISION CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN No. 12-3454-CIVIL C. KELLEY 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 STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY, Defendant for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $189,660.77 TOTAL $189,660.77 I hereby certify that(1) the Defendant's last known addresses are 126 SOUTH RICHARD STREET, BEDFORD, PA 15522-1335 and 1226 WHITE BIRCH LANE, CARLISLE, PA 17013-3580, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Adam H. Davis, Esq., Id. No.203034 Attorney f Plaintiff DAMAGES REBY ASSESSED AS INDICATED. +'" d9 DATE: +� Ic PROTHONOTARY 287760 PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 RBS CITIZENS N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS STEPHEN M. KACHMAN, IN HIS CIVIL DIVISION CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN No. 12-3454-CIVIL C. KELLEY 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 Plaintiff is without information sufficient to determine whether the defendant STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended; and (b) that defendant STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY is over 18 years of age and last known addresses are 126 SOUTH RICHARD STREET, BEDFORD, PA 15522- 1335 and 1226 WHITE BIRCH LANE, CARLISLE,PA 17013-3580. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date A Ost Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 287760 r (Rule of Civil Procedure No. 236) -Revised RBS CITIZENS N.A. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR AND CIVIL DIVISION DEVISEE OF THE ESTATE OF HELEN C. KELLEY No. 12-3454-CIVIL Notice is give that a Judgment in the above captioned matter has been entered against you on / By: . 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY.** 287760 I RBS CITIZENS N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v: NO. 12-3454-CIVIL, STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF CUMBERLAND COUNTY HELEN C.KELLEY Defendant(s) TO, STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C.KELLEY 126 SOUTH RICHARD STREET BEDFORD,PA 155222-1335 2 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR.TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION'ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA:17013 (717)249-3166 By: rHallinan, sq.,Id.No.312174 tiff LLP 1617 JFK Bo ulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#287760 k a 2 RBS CITIZENS N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V.. NO. 12-3454-CIVIL STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF CUMBERLAND COUNTY HELEN C.KELLEY Defendant(s) TO STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C.KELLEY 1226 WHITE BIRCH LANE CARLISLE,PA 17013-3580 DATE OF NOTICE: fit THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse. ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (71 249-3166 Bye, J` afl�in.Lobb,Esq.,Id.No.312174 ttor°n'ey for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#287760 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 RBS CITIZENS N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-3454-CIVIL STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C.KELLEY Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $189,660.77 Interest from 04/30/2013 to Date of Sale $3,991.04 _ ($31.18 per diem) Fn t� C TOTAL $193,651.81 '-, :;>n =z C 1d p Phelan Hallinan,LLP ---i --� Adam H.Davis,Esq.,Id.No.203034 _< N) r Attorney for Plaintiff Note: Please attach description of property. PHS#287760 00A �U3 • ct u r OL 15 �. as �y . 5bw 1(A;F L/ P-�Va C')9 r � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RBS CITIZENS N.A. Plaintiff t_ V. STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C.KELLEY Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) ` Filed: znl- Address where papers maybe served: STEPHEN M.KACHMAN Phelan Hallinan,LLP 126 SOUTH RICHARD STREET Adam H.Davis,Esq.,Id.No.203034 BEDFORD,PA 15522-1335 Attorney for Plaintiff d F F LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle,Cumberland County, Pennsylvania, appearing as Lot No. 41 on Drawing No. 5 of the Final Subdivision Plan of Walnut Court as recorded in Cumberland County Plan Book 48,Page 133,et seq. and being more particularly bounded and described in accordance with said Subdivision Plan as follows: BEGINNING at a point at the southwestern corner of Lot No. 40; thence along White Birch Lane South 83 degrees 45 minutes 00 seconds West 28 feet to a point at the southeastern comer of Lot No.42; thence along the said Lot No. 42 North 06 degrees 15 minutes 00 seconds West 160 feet to a point at the northeastern corner of Lot No. 42;thence North 83 degrees 45 minutes 00 seconds East 28 feet to a point at the northwestern corner of Lot No. 40; thence along the said Lot No.40 South 06 degrees 15 minutes-00 seconds East 160.00 feet to a point, the Place of BEGINNING. BEING Lot No. 41 on the Final Subdivision Plan of Walnut Court as recorded in Cumberland County Plan Book 48,Page 133, et seq. SUBJECT to and together with the 20 feet wide service drive easement appearing on said Subdivision Plan. UNDER AND SUBJECT to the declaration of protective covenants, restrictions and reservations dated March 8, 1990 and recorded in Cumberland County Misc. Book 380,Page 582. TOGETHER with and subject to the right of ingress and egress over the common driveway for Lot Nos. 34 through 39 of the aforementioned subdivision. SUBJECT to and together with easements shown and listed on all four phases of the plans for the Walnut Court Subdivision intended for the use by the owners and occupants of the townhome portion of said subdivision for access and storm water management. TITLE TO SAID PREMISES IS VESTED IN Helen C. Kelley, single woman, by'Deed from Helen C. Kelley, single woman, fka Helen C. Beard, dated 06/04/2008, recorded 06/10/2008 in Instrument Number 200819419. The said HELEN C. KELLEY departed this life on 06/13/2011,leaving a Will dated 07/20/2006. Letters Testamentary were granted to STEPHEN M. KACHMAN on 06/27/2011 in CUMBERLAND COUNTY,No. 21-2011-719. Decedent's surviving heir(s) at law and next-of-kin is STEPHEN M. KACHMAN. PREMISES BEING: 1226 WHITE BIRCH LANE, CARLISLE,PA 17013-3580 PARCEL NO. 50-21-0324-036 PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 Flk ED-0, F SCE 1617 JFK Boulevard, Suite 1400 OF {H;E P-RO HONOTAE% One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 !� 215-563-7000 CUMBERLAND COUNTY PENNSyLVAH1A RBS CITIZENS N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-3454-CIVIL STEPHEN M. KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to.the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: �D'✓'?/� Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff RBS CITIZENS N.A. COURT OF COMMON PLEAS Plaintiff . CIVIL DIVISION V. NO.: 12-3454-CIVIL STEPHEN M. KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 RBS CITIZENS N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1226 WHITE BIRCH LANE,CARLISLE,PA 17013-3580. 1. Name and address of Owner(s)or,teputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) G STEPHEN M.KACHMAN,IN HIS CAPACITY 126 SOUTH RICHARD STREET ri AS EXECUTOR AND DEVISEE OF THE BEDFORD,PA 15522-1335 rim r_ ESTATE OF HELEN C.KELLEY Wit-- 2. Name and address of Defendant(s)in the judgment: ` ".p =� .C, XW CD_ Name Address(if address cannot be reasonably 1"C-) := :z ascertained,please so indicate) Z5 Y STEPHEN M.KACHMAN,IN HIS CAPACITY 126 SOUTH RICHARD STREET _ AS EXECUTOR AND DEVISEE OF THE BEDFORD,PA 15522-1335 ESTATE OF HELEN C.KELLEY 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) WEST WALNUT COURT 325 SOUTH HANOVER STREET HOMEOWNERS ASSOCIATION CARLISLE,PA 17013 WEST WALNUT COURT 10 EAST HIGH STREET HOMEOWNERS ASSOCIATION CARLISLE,PA 17013 C/O MARTSON DEARDORFF ET AL ATTN: HUBERT X.GILROY,ESQUIRE 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) RBS CITIZENS,N.A. ONE CITIZENS PLAZA PROVIDENCE,RI 02903 RBS CITIZENS,N.A. P.O.BOX 4060 C/O CCO MORTGAGE GLEN ALLEN,VA 23058 RBS CITIZENS,N.A. P.O.BOX 4060 C/O CCO MORTGAGE GLEN ALLEN,VA 23058 ATTN:DOCUMENT CONTROL PHS #287760 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) WALNUT COURT ASSOCIATES 329 SOUTH HANOVER STREET CARLISLE,PA 17013 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 1226 WHITE BIRCH LANE CARLISLE,PA 17013-3580 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE, P.O.BOX 8486 TPL CASUALTY UNIT, WILLOW OAK BUILDING ESTATE RECOVERY PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 1.1754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 1.8 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By:_ x r Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHS #287760 RBS CITIZENS N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 12-3454-CIVIL STEPHEN M. KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF CUMBERLAND COUNTY HELEN C. KELLEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY C-- TO: STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE =M I- OF THE ESTATE OF HELEN C. KELLEY 126 SOUTH RICHARD STREET BEDFORD,PA 15522-1335 �C-) c:> C5 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORNLkNON(ATAI—NED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Yourbouse(real estate)at 1226 WHITE BIRCH LANE,CARLISLE,PA 17013-3580 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$189,660.77 obtained by RBS CITIZENS N.A.(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out.the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price.was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-3454-CIVIL RBS CITIZENS N.A. V. STEPHEN M. KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY owner of property situate in the BOROUGH OF CARLISLE, CUMBERLAND County, Pennsylvania, being 1226 WHITE BIRCH LANE, CARLISLE, PA 17013-3580 Parcel No. 50-21-0324-036 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $189,660.77 Attorneys for Plaintiff Phelan Hallinan, LLP ry LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, appearing as Lot No. 41 on Drawing No. 5 of the Final Subdivision Plan of Walnut Court as recorded in Cumberland County Plan Book 48,Page 133, et seq. and being more particularly bounded and described in accordance with said Subdivision Plan as follows: BEGINNING at a point at the southwestern corner of Lot No. 40; thence along White Birch Lane South 83 degrees 45 minutes 00 seconds West 28 feet to a point at the southeastern corner of Lot No. 42;thence along the said Lot No. 42 North 06 degrees 1.5 minutes 00 seconds West 1.60 feet to a point at the northeastern corner of Lot No. 42;thence North 83 degrees 45 minutes 00 seconds East 28 feet to a point at the northwestern corner of Lot No. 40; thence along the said Lot No. 40 South 06 degrees 1.5 minutes X10 seconds East 1.60.00 feet to a point, the Place of BEGINNING. BEING Lot No.41. on the Final.Subdivision Plan of Walnut Court as recorded in Cumberland County Plan Book 48,Page 133, et seq. SUBJECT to and together with the 20 feet wide service drive easement appearing on said Subdivision Plan. UNDER AND SUBJECT to the declaration of protective covenants,restrictions and reservations dated March 8, 1990 and recorded in Cumberland County Misc. Book 380,Page 582. TOGETHER with and subject to the right of ingress and egress over the common driveway for Lot Nos. 34 through 39 of the aforementioned subdivision. SUBJECT to and together with easements shown and listed on all four phases of the plans for the Walnut Court Subdivision intended for the use by the owners and occupants of the townhome portion of said subdivision for access and storm water management. TITLE TO SAID PREMISES IS VESTED IN Helen C. Kelley, single woman, by Deed from Helen C. Kelley, single woman, fka Helen C. Beard, dated 06/04/2008, recorded 06/1.0/2008 in Instrument Number 200819419. The said HELEN C. KELLEY departed this life on 06/13/2011.,leaving a Will dated 07/20/2006. Letters Testamentary were granted to STEPHEN M. KACHMAN on 06/27/201.1 in CUMBERLAND COUNTY, No. 21-201.1-719. Decedent's surviving heir(s) at law and next-of-kin is STEPHEN M. KACHMAN. PREMISES BEING: 1226 WHITE BIRCH LANE,CARLISLE,PA 17013-3580 PARCEL NO. 50-21-0324-036 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3454 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due RBS CITIZENS N.A.Plaintiff(s) From STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C.KELLEY (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $189,660.77 L.L.: $.50 Interest FROM 4/30/2013 TO DATE OF SALE($31.18 PER DIEM)-$3,991.04 Atty's Comm: Due Prothy: $2.25 Atty Paid: $218.75 Other Costs: Plaintiff Paid: Date: 5/20/13 ICU David D.Buell,Prothonota (Seal) Deputy REQUESTING.PARTY: Name: ADAM H.DAVIS,ESQUIRE Address:PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 21.5-563-7000 Supreme Court ID No.203034 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY RBS CITIZENS N.A. PHS#287760 r,,,-, -fir, C1 c� t s- DEFENDANT SERVICE TEAM/lxh STEPHEN M.KACHMAN,in his capacity as Executor and Devisee of COURT NO.:12-3454-CIVIL the Estate of HELEN C.KELLEY ' (SERVE STEPHEN M.KACHMAN, his capacity as Executor and TYPE OF ACTION �r"�' ►� � Devisee 6 SOUTH RICHARD HELEN REET KELLEY AT: SALE DATES September 4,2013 �� C BEDFORD,PA 15522-1335 p CD Arl-' SERVED tr*t Served and made known to STEPHEN M. KACHMAN, in his capacity as Executor and Devisee of the Estate of HELEN C.KELLEY,Defendant on the day of 20 a,at 5-35-,o'clock R.M.,at I6AG S I Bedford ,in the manner described below: �XAefendantpersonally served. _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. Other: Description: Age Height 5q Weight P 0 Race W Sex Other I, a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale In the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: (o_ I off" 13 NAME: j?1WO� PRINTED NAME: Z£ Y TITLE: prnCQ&S NOTSERVED On the da of 20_,at o'clock_.M.,I, a competent adult hereby state that�eTendyant IU D 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 PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 "It E -OFFICE Jonathan M. Etkowicz, Esq., Id. No.20878gt'1 3 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY .One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 RBS CITIZENS N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE No.: 12-3454-CIVIL ESTATE OF HELEN C. KELLEY Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff,by its Attorneys,Phelan Hallinan,LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I. Plaintiff commenced this fo reclosure action by filing a Complaint on May 31,2012. 2. Judgment was entered on April 29, 2013 in the amount of$189,660.77. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 103 7(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint,i.e.bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 4, 2013. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows•. Principal Balance $182,551.85 Interest Through September 4,2013 $25,249.96 Late Charges $345.60 Legal fees $2,125.00 Cost of Suit and Title $880.93 Property Preservation $288.50 Escrow Deficit $8,692.91 TOTAL $220,134.75 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 16, 2013 and requested the Defendant's Concurrence.Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 10. In compliance with Cumberland County Local Rule 209.3(x)(2),Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated March 21,2013 . 781582 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: Z ..3 By:— Jon an M. Etkowicz,Esquire ATTORNEY FOR PLAINTIFF 781582 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 RBS CITIZENS N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE No.: 12-3454-CIVIL ESTATE OF HELEN C. KELLEY ; Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE HELEN C. KELLEY,DECEASED executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1226 WHITE BIRCH LANE, CARLISLE, PA 17013-3580. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 781582 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection,and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. ' 11. LEGAL ARGUMENT TO AMIEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of ajudgment and to grant any relief until thatjudgrnent is satisfied. 20 P.L.E., Judgments § 191. St0henson v.Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24(Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage CoU2.v. Grillo 827 A.2d 489 Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171,595 A.2d 179 (199 1). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat.Bank,445 Pa. 117,282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect.its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826(1939). Because ajudgment in mortgage foreclosure is strictly in rem it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Real Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment,and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage,and Plaintiff has been forced to incur significant unjust financial losses on this loan. 111. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership y. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 781582 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 781582 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records,title reports and supporting documents,preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center,68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v.Morrisville Hampton ELalty, 662 A.2d 1120(Pa. Super. 1995).Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE 781582 Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to.determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced(which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly,the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property,not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 781582 V111. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage,the lender may do, or pay for,whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises,then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows,winterizing,removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 781582 part of the borrower's debt secured by the mortgage,those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore,Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: -7 By: Jon an A Etkowicz,Esquire Attorney for Plaintiff 781582 Exhibit "A" 781582 y. PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq., Id. No.203034 evar , urte 1400 _One-Penn Center-Plaza - Philadelphia,PA 19103 215-563-7000 RBS CITIZENS N.A. CUMBERLAND COUNTY C7 o � VS. COURT OF COMMON PLEA .... w "+ STEPHEN M.KACHMAN,IN HIS CIVIL DIVISION x -vrn CAPACITY AS EXECUTOR AND =C) DEVISEE OF THE ESTATE OF HELEN No. 12.3454-CIVIL rZ 4° C.KELLEY ° " ,q cs iF3 a "ql � PRAECIPE FOR IN REM JUDGMENT FOR FAILURE 8 R ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against STEPHEN M.KACHMAN. IN HIS CAPACITY AS EXECUTOR AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY,Defendant for failure to file an Answer to Plaintiffs 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 $189,660.77 TOTAL Ay FM CAW $189,660.77 I hereby certify that(1)the Defendant's last known addresses are 126 SOUTH RICHARD STREET,BEDFORD,PA 15522-1335 and 1226 WHITE BIRCH LANE, CARLISLE,PA 17013-3580,and(2)that notice has been given in accordance with Rule Pa.R.C.Pr237.1. t Date 461'2 A . Id.No.203034 Atto f DAMAGE n ;EBY ASSESSED AS INDICATED. DATE: ( w PROTHONOTARY 287760 Exhibit "B" 781582 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania July ,:203. STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY 126 SOUTH RICHARD STREET BEDFORD, PA 15522-1335 RE: RBS CITIZENS N.A. v. STEPHEN M. KACHMAN,IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY Premises Address: 1226 WHITE BIRCH LANE CARLISLE,PA 17013 CUMBERLAND County CCP,No. 12-3454-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days, by 7/22/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Ve ly'yo: Etkowtcz,.Esq., Id.No.208786 ttorney for Plaintiff Enclosure 781582 o M Name and Phelan Hallinan,LLP 4 Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza a Philadelphia,PA 19103 KVM M a Line Article Number Name of Address Street,and Post Office Address Postage 1 **"* STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE ESTATE OF $0.46 t, acM HELEN C.KELLEY f�, 126 SOUTH RICHARD STREET ? Fico BEDFORD PA 15522-1335 2 "*** STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE ESTATE OF 50.46 HELEN C.KELLEY 1226 WHITE BIRCH LANE CARLISLE,PA 170133580 RE:STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE ESTATE $0.92 OF HELEN C.KELLEY CUMBERLAND PH#781582/1200 Page 1 of 1 Toll Nnmber of Ton]Number of?ieoes PostwwSw,Per(Name of The 11,11 dedanfion of value is repui M on all doxstk and m rnuiood tegia—d mail.Them 3 Pi.—Lined by Scnda Received at Pam Office Receiving EwOcym) fot the eeeanmuetioa ofnoenegotiebk dotumenb under Exptes,Mai]daumcm raaoom—tion im piece subject to a En*&of 5500,000 per awmcace.The maximum indcmnity payable on Exprcas I The mmmm indemnity psyabk u$25.000 for registered mail,sew with opdoanl insmnnce.See R900 5913 and 5921 for limitniom of m Form 3877 Facsimile p� i NN 781582 Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 RBS CITIZENS N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE No.: 12-3454-CIVIL ESTATE OF HELEN C. KELLEY Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. STEPHEN M. KACHMAN, IN HIS STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR OF AND CAPACITY AS EXECUTOR OF AND DEVISEE OF THE ESTATE OF HELEN C. DEVISEE OF THE ESTATE OF HELEN C. KELLEY KELLEY 126 SOUTH RICHARD STREET 1226 WHITE BIRCH LANE BEDFORD,PA 15522-1335 CARLISLE,PA 17013-3580 DATE: By: Jonalfio.Et owicz,Esquire ATTORNEY FOR PLAINTIFF ' e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RBS CITIZENS N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE No.: 12-3454-CIVIL ESTATE OF HELEN C. KELLEY Defendant RULE AND NOW,this -29 day of 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff='s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE OURT J. 1 N -<:I> C �t-I O 781582 Jonathan M.Etkowicz,Esq.,Id.No.208786 /Phelan Hallinan,LLP 161.7 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 , STEPHEN M. KACHMAN, IN HIS VSTEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR OF AND CAPACITY AS EXECUTOR OF AND DEVISEE OF THE ESTATE OF HELEN C. DEVISEE OF THE ESTATE OF HELEN C. KELLEY KELLEY 126 SOUTH RICHARD STREET 1226 WHITE BIRCH LANE BEDFORD, PA 15522-1335 CARLISLE,PA 17013-3580 781582 781582 CD 00 X- PHELAN HALLINAN,LLP Attorney for Plaintiff M C= Adam H.Davis,Esq.,Id.No.203034 Zn r— # ;Q 1617 JFK Boulevard,Suite 1400 C) One Penn Center Plaza Philadelphia,PA 19103 :Z C) Adam.Davis@PhelanHallinan.corn y,C-- 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RBS CITIZENS N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION STEPHEN M. KACHMAN Defendant(s) No.: 12-3454-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY SS: As required by Pa.R.C.P.3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,l(r.No.203034 Date: Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may no 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#781582 n,and # Phelan liallinan,LI.P h dress 1617.JFK'Boulevard,Suite 1400 �r Gender One Penn Center Plazas ro Philadelphia,PA 19103 AZKISCS-09/0412013 SALE it ArlicleNurnbxr NamcofAddrmcc Street,andPoslO(rweAddrr&- xx.. TE iAP'TA)CCUPANT Z 1221 WII1T£DIRCH LANE 50.45 �� ' CARLISLE.PA 17 413 3590 Ila rs � 4444 C08t110h9CF.AL?Ii OFPrNNSI'LVnNIA BUREAU OF INDIVIDUAL TA3:F.S i111FRrrAD3f_'F TAX DIVISION CSO.45 6T11 FLOOR.S7R 11\Bf.RRV SQUARE nFPAR)'ME172R0601 HARRISBURG,PA 17125 �___.....___.._. ✓f L1as to -}}i4 or:rART01ETT OE'r1n11ac\YE;I.FARr,,TPi.,CASUALTY'[;'..\1T,FSTATT.RECOVrR1'PROGRAXI S0,45 nio0 P.O.BOX 8416,W H,LflN1'OAK,RVILDIXG HARRISHURG.PA 17105 4 *•4* RNSC:I'i.17,t`tS,s�A. 50,45 ONt CITIZENS PLAZA PROVIDf,NCr-R102903 rJ «448 RDS CITIZENS.MA.CID CCO WIRT4ACE $0.4$ P.O.ROX40bt1 GLEN ALLEN,VA 2305£ }*4+ RBS CITIZENS,NA.C/O CCO MORTGAGEATM.DOCUMENT CONTROL S0.45 � P.O.BOX 4040 GLEN AT Er,VA 230.s+S WAL1%1n-LOUR1'A,cSUC1A'W.%: 324 SOUTH HANOVER STREET CARI.ISL£.PA17*13 s$ •+•+ U'F:.SP11'ALh'Uf'Cfl1t:RT1i05tC051,1`K;RSACSOCIATtA\ $0.45 11.i 32S SOUTH MA\OVF,R STRFFT CARLISLE,PA 17113 _0 44}* H'FST WALh'UF COURT 11OMF,ONIINERS ASSOCIATIOY C/O MARTSON DEARDORFF ET'AL A'ITN:HUBERT X.GILROV. 50.45 10 EAST HIGH STREET CARLISLE,PA 17#13 14 **_• DOMESTIC RELA"ON'S OF CUMBERLAND COV'i'ZTY 13 NOR1177I SIANOV£R Sr RE£r CARLISLE,PA 171H3 ll }aak COAfMOIAWALTIIOFPFNK.5VLVA01A S0.45 DEPARTMENT OF WELFARE,P.O.BOX 2675 HARRISBURG,PA U105 r12 x«}«' _ 1�"1ETt\AL REVE.VUESF.RVICFADVISORY SOAS 1000 LIBERTY AMNIJE ROOM 741 air FITTSBURGiI PA 15222 13 xxxx O,S.DCPAR1?ifE�.W OFJU31-ICF;tJS.ATTORi7£5'FORniEA11DDL£DISTRIC7'OF PA $9.4$ FEDERAL DUILDINC - f w WA"UT CEl',SUITE 2:0.PA.:ROX 11754 HARMSBURG.PA!711011.1 4A RF•STEPHEN M.KACHMA' 1,N li[SCAPACTTY:AC P,XFCUTOR•AN[1 nF.VI.SRF,OFTHF-.F.ST.ATF OF 5555 HELEN C.KELLEY CUMBERLAND PHS 0 28776011021 Page I of 1 Writ Team auJ Vumha ur Twl tew,hc.vf.Pirccs Ftnr.ouK,Per(Nxne aC :lx full dcdarrronof raluc n rrgs:sd a,xll dones}e xi0 mteraswr,.l resi,aaed n,aY The aurimvn iadcnniy p.«-aMe i±vr+U.M hp.Gn&r A.riv..lnl P—(tl,cr i Arxrivin[:limlb)—) lx ew nyneur imnf—motiaM,dowmena aniu Fumes Mbl dxunert twood Rial imorzeeeis 150.10084 ' pitcc sobjed to a timil of M.M pa occu ma.,fie—,dm m iadarmiry Psyable on Express Mad nmchsrd'ee is SSW. The maximum idem sty ps2ablc a S25,OW h egistred nail.sem wilt"bmal mturas m See Daocsx Mafl Mmual _ ! R9M 5513 ud 59]1 fw hniuiun M<.r-aa roan 3877 Facsimile n� t i Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 RBS CITIZENS N.A. • Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County STEPHEN M. KACHMAN • • No.: 12-3454-CIVIL Defendant • CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 29, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. STEPHEN M. KACHMAN STEPHEN M. KACHMAN 126 SOUTH RICHARD STREET 1226 WHITE BIRCH LANE - { , BEDFORD, PA 15522-1335 CARLISLE, PA 17013-3580 LT, - co Phela a linan,,I:v DATE: By = Ai - sq., Id. No.309519 Attorney for ' aintiff 781582 Phelan Hallinan, LLP _ _._ _ �jr- t1fE-PR0T1110NG Atli - - — - - - — - Allison F. Zuckerman, Esq., Id. No.30 - 9�� ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 r Pl ��- 47 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 4NNSYLVANIA allison.zuckerman@phelanhallinan.com 215-563-7000 RBS CITIZENS N.A. Court of Common Pleas Plaintiff -- -— - - : Civil Division vs. CUMBERLAND County STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE No.: 12-3454-CIVIL ESTATE OF HELEN C. KELLEY Defendant MOTION TO MAKE RULE ABSOLUTE RBS CITIZENS N.A., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 25, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 16, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about July 29, 2013 directing the Defendant to show cause by August 19, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 7, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 781582 5. - Defendant failed to respond or otherwise plead by the Rule Returnable date of August 19, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phela alli - -DATE: - - - - -- By. - ison sq.,Id.No.309519 Attorney for Plaintiff 781582 f Exhibit "A" 781582 - PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 -Phelan Hallinan,.LLP ___ __ _ _ _ _"Representing Lenders in Pennsylvania J:u1.y_16,241 STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY 126 SOUTH RICHARD STREET BEDFORD, PA 15522-1335 RE: RBS CITIZENS N.A. v. STEPHEN M. KACHMAN,IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE ESTATE OF HELEN C. KELLEY Premises Address: 1226 WHITE BIRCH LANE CARLISLE, PA 17013 CUMBERLAND County CCP,No. 12-3454-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 7/22/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. J, a lY Yo Etkowicz,Esq., Id.No.208786 y for Plaintiff Enclosure 781582 Name and Phelan Hallman,LLP Address- y 1617 fFK Boulevard,Suite 1400 - — --- - - -- — - — — -- -- ---- -- - - —-- Mender One Penn Center Plaza Philadelphia,PA 19103 KVM M a Line Article Number Name of Address Street,and Post Office Address Postage h 1 *"+` STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE ESTATE OF $0.46 t a=� HELEN C.KELLEY 126 SOUTH RICHARD STREET Ficc BEDFORD PA 15522-1335 2 **+* STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE ESTATE OF 50.46 HELEN C.KELLEY 1226 WHITE BIRCH LANE CARLISLE PA 17013-3580 RE:STEPHEN M.KACHMAN,IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE ESTATE S0.92 OF HELEN C.KELLEY CUMBERLAND PH#781582/1200 Page i of 1 Total Number of Total Nuraba of Pisa Postmssty,Per(Name o1 The fill dcelaratioo of vduc is Pieqta[fisted by Sender Received a Pest Office Receivm required on all domeak od mtcmuiond registered mail.The roas S Employee) for the ruction of—megmiable doannam under Expcw Mal document moombuction iro - - piece aubjc t to a Knell of 5500.000 M ocenmnce..The m dmmn indcamity payable on Express I— The macimvm indemnity payable is f25,000 for m&tared mail.sent with optional omtraooe See R900 S913 end S921 for timifations of eq Form 3877 Facsimile 0 �rl 781582 Exhibit "B" 781582 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RBS CITIZENS N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County STEPHEN M. KACHMAN, IN HIS CAPACITY —AS EXECUTOR OF AND DEVISEE OF THE 7------ No.-.-'12-'3454-CIVIL ESTATE OF HELEN C. KELLEY Defendant RULE AND NOW,this day o 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. X11', C_ (t1 Lo r G .•� rj_-I 3�1 =C T„_ - 781582 Exhibit "C" 781582 Phelan Hallinan, LL P Allison F. Zuckerman, Esq., Id. No.30951.9 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 191.03 allison.zuckermaii@plielanhallinan.com 215-563-7000 RBS CITIZENS N.A. Court of Common_Pleas- Plaintiff Civil Division vs. CUMBERLAND Comity STEPHEN M. KACHMAN No.: 12-3454-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 29,2013. Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. STEPHEN M. KACHMAN STEPHEN M. KACHMAN 126 SOUTH RICHARD STREET 1226 WHITE BIRCH LANE ur on. :Crw ,= BEDFORD,PA 15522-1335 CARLISLE,PA 17013-3580 co -.J DATE: By: A ';8 Z� asq.,Id.No.309519 Attorney for I aintiff 781582 Phelan Flallirian,T,LP - Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckennan@phelanhallinan.com 215-563-7000 RBS CITIZENS N.A. Court of Common Pleas Plaintiff - - - : Civil Division - vs. CUMBERLAND County STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR OF AND DEVISEE OF THE No.: 12-3454-CIVIL ESTATE OF HELEN C. KELLEY Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. STEPHEN M. KACHMAN, IN HIS STEPHEN M. KACHMAN, IN HIS CAPACITY AS EXECUTOR OF AND CAPACITY AS EXECUTOR OF AND DEVISEE OF THE ESTATE OF HELEN C. DEVISEE OF THE ESTATE OF HELEN C. KELLEY KELLEY 126 SOUTH RICHARD STREET 1226 WHITE BIRCH LANE BEDFORD, PA 15522-1335 CARLISLE, PA 17013-3580 P an Hall' n DATE: MA By: lison rman, Esq., Id.No.309519 Attorney for Plaintiff 781582 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA RBS CITIZENS N.A. Court of Common Pleas Plaintiff : Civil Division VS. : CUMBERLAND Co STEPHEN M. KACHMAN, IN HIS CAPACITY =rn rrn AS EXECUTOR OF AND DEVISEE OF THE No.: 12-3454-CIVl1V3 ' o ESTATE-OF HELEN-C. KELLEY - - ' - Defendant © —° r- ORDER ._. AND NOW, this .t5- day of 1�,,, - , 2013, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $182,551.85 Interest Through September 4,2013 $25,249.96 Late Charges $345.60 Legal fees $2,125.00 Cost of Suit and Title $880.93 Property Preservation $288.50 Escrow Deficit $8,692.91 TOTAL $220,134.75 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. t._.b '-F S ,�•� BY T COURT: A. z : 781582 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 2 Sheriff �" -"I a��8,a, of C�umberl -L33 w ,; Jody S Smith Z� }r' Chief Deputy chi's; , c c Richard W Stewart rr- Solicitor OFE OF THE SHERIFF �= C, rri FIC ':D —< CO .. RBS Citizens, N.A. vs. Case Number Stephen M. Kachman in his capacity as Executor and Devisee of the 2012-3454 SHERIFF'S RETURN OF SERVICE 07/03/2013 01:14 PM - Deputy Ronald Hoover, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1226 White Birch Lane, Carlisle-Borough, Carlisle, PA 17013, Cumberland County. 09/04/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $830.62 SO ANSWERS, October 03, 2013 RONNW R ANDERSON, SHERIFF sz, Z ��f 0)3y,„ {r.;Coun:ySuite Sheiff.Teleosoft Ino.