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Home My WebLink About09-0577 GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff VS. RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL Mortgagors and Record Owners 167 Beetem Hollow Road Newville, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term ? 11'ri 1 X77 CIVIL ACTI*.-' MfATGaAGF- "ECLOeURE 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website h"://www.phfa.oriz/consumers/homeowners/real.ast)x. 5). Call the Plaintiff (your lender) at 866-926-8937 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: hLtp://www.t)hiladelphiafed.orwforeclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionAgoldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825-6411. Please reference our Attorney File Number of 76310FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 7255 Baymeadows Way, Jacksonville, FL 32256. 2. The names and addresses of the Defendants are RACHELLE ELAINE CASSELL, 167 Beetem Hollow Road, Newville, PA 17241 and MARTIN LESTER CASSELL, 167 Beetem Hollow Road, Newville, PA 17241, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On January 12, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR HOME LOAN CENTER, INC. D/B/A LENDING TREE LOANS, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book #1938, Page #1232. The mortgage has been assigned to: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property„). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for June 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ........................... .......................................................$212,689.26 Interest from 05/01/2008 through 12/31/2008 at 7.6250% .....................$10,885.34 Per Diem interest rate at $44.43 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph .................$10,634.46 Late Charges from 06/01/2008 to 12/31/2008 .............................................$538.30 Monthly late charge amount at $76.90 Costs of suit and Title Search ......................................................................$900.00 Pro Rata MIP/PMI ............ ............................................................................................................$717.45 Taxes ............................................................. Fees ........................ Recoverable Balance ............................ Monthly Escrow amount $427.65 ........$710.45 ..........$19.75 ..........$96.00 $237,191.01 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in nam"judgment) Defendants in this Action but reserves its right to bring a separate Action to estabish thatgright if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $237,191.01, together with interest at the rate of $44.43, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: 1 GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION w4k\' - CA?.S I?G , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 2' aC7_ 20. 2-top A JPMORGAN CHASE BANK, NATIONAL ASSOCIATION ?Wt Q., QAl ,W ,?,\c Obn pram n S6661a110 #76310FC RACHELLE ELAINE CASSELL and MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville, PA 17241 EythibitA Dec 19 2008 9:31PM KORNERSTONE FAX 7177626218 P.19 • .. • . .. . ..vrli^?w?YY1w?r.MwrYu'.•I. v.- •.. . . . . ... • ! • l • ?n Order Number: 89 46681 Borrower's Name: CASSELL ExbJU* A IT DM G A PORTION OF THE PARCEL OF LAND LOCATED IN PENN TOWNSHIP, CUMBERLAND COUN Yt AND PZNNSYLVANL46 BZGZCMG AT A POINT IN THE CENTERLDM OF DZZTZM HOLLOW ]WAD, T-M% THENCU SOUTH TWENTY-TARS p3) DBGRZZS EIGH'!'M (16) MI UTES TEN (10) BZCONDS WZST TO A POINT IN THE BAATZSNLINX OF BZZTZM HOLLOW ROAD, T-350o TKZNCZ NORTH 13 5, F I1' TWO (01) DZGRM 9 MIT V -TWO (32) MINUTES FAr!'BM (13) SZCONDS BAST TO A POINT ALONG LAMB NOW OR FORMERLY OF DAVID L. MCGOWEN T=NCZ SOUTH FIVE (S) ORGREKSI FORTY-IM" (45) MINUTES ZRRO (0) SECONDS EAST FOUR HUNDRZD NINETY FWZ AND FORTY-;SIX IIVNABZEDTHB (4MAd) WMT SOUTS F272M (15) DEGREES FORTY-NIGHT (48) MINUTES AND FffrY (50) MOM ZAST ONE SUNDRED TWENTY-FOUR AND ZIGSTY-720M mUNDUDTHB (12433) FEZBT TO A POINT THENCE SOUTH TWELVE (13) DZGK?S FEM-SIX (56) MU TBS FiPTY-IM (Sy SWONDS EAST FM HUNDR= TSMTY 8'IVE AND FORTY-ONE HUNDRBTHB (OL41) FEET TO A POINT ALONG LANDS NOW OR FORMERLY OF GARY IL GAIMALTH TSENCZ NORTH UIGRTY-TWO (82) DECREES ZZAO (b) UNMY FORTY-FM (45) SECONDS EAST TIMM HUNDRZD FORTY-BxGST AND EIGHTY-SIX HUNDAEDI'BS p4WO FZZT TO A POINT LAND NNOWN AS LOT 02 OF SAID BUDDIVIBION THRNCE NORTH EIGHT (8) DZC(iRM TgiATY-FIYU (3* N3NUTZB ZERO (6) SLCONDB WEST ONE THOUSAND 9ZVZN Y TWO AND ONE ONE HtTNDR1CI'138 (10TZA1) FaET TO A POINT THENCE NORTH MgVM Y- EIG HT (11) DEGREES FORTY-IM (48) MilMM YO TM (15) SECONDS WRST THRKS HtWDRSD NVG9TY FOUR AND ZIGSTY-SZVXN HUNDREDTHS (394.87) FEET TO A POINT 72MKCR SOUTH EIGATY-TWO (81) DEGREES awr Ir TWO (53) MINVM FIFTZZN (IS) SZCONDS WZST TWO HUNDRED ELEVEN AND ZIGHTY-ONZ HCJNDA,ZDTHB (211.11) FISNK TO THE POINT AND PLACE OF Ell I "I VNINQ i Cvrfi fy this w be p,,mcwded in CUMWgind County PA Re^c,? er of Deed -i.+a-z -iq-7n-vl AM CUMBERLAND COUNTY In#L# 200802672 - Pvae 16 of 1S Washington Mutual Mailstop JAXA2031 P.O. Box 44090 Jacksonville, FL 32231-4090 August 15, 2008 RACHELLE ELAINE CASSELL 167 BEETEM HOLLOW RD NEWVILLE PA 17241 RE: ACCOUNT # 0634197784 0634197784 7100 4047 5100 5569 6266 ® Washington Mutual HOME LOANS 000286 /PC NOTICE OF COLLECTION ACTIVITY ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECfA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION 1NMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. PA ACT 91 HOMEOWNER'S NAME(S): Rachelle Elaine Cassell PROPERTY ADDRESS: 167 Beetem Hollow Rd Newville PA 17241 LOAN ACCT. NUMBER: 0634197784 ORIGINAL LENDER: Flo CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS IF YOU DO 01"I HIS N071LE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE- CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the gto=lis located are t forth a the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 000288ico828 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender on your property located at: 167 Beetem Hollow Rd Newville PA 17241 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 06/01/2008 $1965.73 07/01/2008 $1965.73 08/01/2008 $1965.73 Other charges (explain/itemize): Uncollected Late Charges $230.70 Uncollected Fees: $0.00 Less Credits $0.00 TOTAL AMOUNT PAST DUE: $6127.89 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6127.89, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or moncy order madeVavable and sent to: Washington Mutual Bank Cash Processing P.O. Box 41275 Jacksonville, FL 32203 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YO 1 DO NOT IR . THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to x . e i a rights to accelerate the mortgage deht. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged urocerty. *IF THE MORTGAGE IS FOR ..L.OS .D UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY WjjW, you will not be required to pay attorney's fees. OTHER 1,1FNDERj&EMEDM - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. PA ACT 91 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure vroceedinas have begun. Vol] may still have the ri¢ht-to cure -the Aefault and nrevent the sale at anv time un to one hour the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFFS SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Washington Mutual Bank Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 866-926-8937 Fax Number: 904-281-3914 Contact Person: Collection Department Email Address: www.wamuhomeloalls.com EFFECTS OF SHERIFF'S SALE: - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or $ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. PA ACT 91 ACT 91 NOTICE DATE OF NOTICE: December 29, 2008 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 Date: December 29, 2008 TO: MARTIN LESTER CASSELL Homeowners Name: RACHELLE ELAINE CASSELL and MARTIN LESTER CASSELL Property Address: 167 Beetem Hollow Road, Newville, PA 17241 Loan Account No.: 0634197784 Original Lender: HOME LOAN CENTER, INC. D/B/A LENDING TREE LOANS Current Lender/Servicer: HOMEQ SERVICING CORP. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it un to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 167 Beetem Hollow Road, Newville, PA 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 06/01/2008 thru 12/29/2008 (7 mos. at $1,965.73/month) $13,760.11 (b) Late charges from 06/01/2008 thru 12/29/2008 $538.30 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $14,298.41 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH I5 14$ ,298.41, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to_ WASHINGTON MUTUAL BANK Attention: Collection Department 7255 Baymeadows Way Jacksonville, FL 32256 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortyaae debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon our mortgaged property, IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to Pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time W to one hour before the Sheriffs Sale You may do so by pang the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: WASHINGTON MUTUAL BANK Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 888-852-1745 Fax Number: 818-775-6260 Contact: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact: Collection Department Phone Number: 888-852-1745 6 HEMAP Consumer Credit Counseling Agencies Report lest updated: 12/23120081:52:41 PM Lycom.Cintn Co Comm to Comm Action 2138 Lincoln Street P.O. Box 3568 Williamsport, PA 17703 570.326.0587 CCCS of Western PA 2000 I-Ingleatown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 COLUMBIA County American Credit Counseling Institute 212 Berwick-Hazelton Hwy Nescopeck, PA 18635 888.468.8847 CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 570.6022227 800.922.9537 CRAWFORD County Booker T. Washington Center 1720 Holland Street Erie, PA 16503 814.453.5744 CCCS of Western PA 4402 Peach Street Erie, PA 16509 888.511.2227 eat 108 888.5112227 ext 108 Center for Family Services, Inc. 213 Center Street Meadville, PA 15335 814.337.8450 Greater Erie Community Action Committee 18 West 9TH Street Erie, PA 16501 814.459.4581 Shenango Valley Urban League, inc. 601 Indiana Avenue Farrell, PA 16121 724.981.5310 St, Martin center 1701 Parade Street Erie, PA 16503 814.452.8113 CUMBERLAND County Adams County Interfaith Housing Aut wft 40 E High Street Gettysburg, PA 17325 717.334.1518 Community Action Commission of Captlal Radon 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Moranaths 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PI4FA 211 North Front Street Hamburg, PA 17110 717.780.3940 800.3422397 DAUPHIN County CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.5112227 888.5112227 Community Action Commission of Capdal Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Lovaship, Inc. 2320 North 5th Street Hamburg, PA 17110 717.2322207 Opportunity Inc. 301 East Market Street York, PA 17403 717.424.3845 PHFA 211 North Front Street Hamburg, PA 17110 717.780.3940 800.3422397 DELAWARE County Acorn Housing Corporation 846 North Broad Steel Philadelphia, PA 19130 215.7651221 Page 7 of 19 Nw c? 15 r SHERIFF'S RETURN - REGULAR CASE NO: 2009-00577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS CASSELL RACHELLE ELAINE ET AL GERALD N WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CASSELL RACHELLE ELAINE the DEFENDANT , at 0017:50 HOURS, on the 9th day of February , 2009 at 167 BEETEM HOLLOW ROAD NEWVILLE, PA 17241 by handing to RACHELLE E CASSELL a true and attested copy of COMPLAINT - MORT FORK DEFENDANT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 11.70 .?? Affidavit . 00 +?srtL Surcharge 10.00 R. Thomas Kline .00 39.70 02/11/2009 GOLDBECK MCCAFFERTY & MCKEEVER Sworn and Subscibed to By; before me this day Deputy S iff of A.D. 7-- _:r ! C'i - r, ?f ` L . Z, r4 L&J -_.1 L.Lj CL LA- O 7D N SHERIFF'S RETURN - REGULAR CASE NO: 2009-00577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS CASSELL RACHELLE ELAINE ET AL GERALD N WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CASSELL MARTIN LESTER the DEFENDANT , at 0017:50 HOURS, on the 9th day of February-, 2009 at 167 BEETEM HOLLOW ROAD NEWVILLE, PA 17241 by handing to RACHELLE E CASSELL WIFE OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 ?n /I Surcharge 10.00 R. 'Thomas Kline .00 16.00 02/11/2009 GOLDBECK MCCAFFERTY & MCKEEVER Sworn and Subscibed to By: before me this day Deputy Sh iff of A.D. ? S? `? C...J u,...,t_ N C"L LLJ i a. 1:Z N Ca SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~,,,~~r of 4;.a,mbrr~rT~b d t.~ ~.r. ~: _ Richard W Stewart Solicitor c~r~,cr ~~ r~ >~wF:IF~ Gt..~f.: . ; - ~; :~ . JP Morgan Chase Bank, NA vs. Rachelle Elaine Cassell (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2009-577 12/18/2009 06:52 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2009 at 1840 hours, posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Rachelle Elaine & Martin Lester Cassell, located at, 167 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania according to law. 12/18/2009 06:52 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2009 at 1840 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Racehlle Elaine Cassell by making known unto, Martin Lester, husband of defendant, at, 167 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/18/2009 06:52 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2009 at 1840 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Martin Lester Cassell, by making known unto, Martin Lester, personally, at, 167 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 02/09/2010 Property sale postponed to 5/5/2010. 04/21/2010 Property sale postponed to 7/7/2010. 07/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Michael McKeever on 7/7/10 SHERIFF COST: $968.92 SO ANSWERS, July 07, 2010 RON R ANDERSON, SHERIFF r,. Coun?ySuite She~,ff. Teieosofl. In:. ,sa ~ ~ ~ ~~ ~~~ ~~s~/ Goldbeck M,~'alferty & McK~ °ver BY: Michael T. McKeever ~ , Attorney I.D. #56129 ', Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL (Mortgagor(s) and Record Owner(s)) 167 Beetem Hollow Road Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-577 AFFIDAVIT PURSUANT TO RULE 3129 JPMORGAN CI~ASE BANK, NATIONAL ASSOCIATION, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire. sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 167 Beetem Hollow Road Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): RACHELLE ELAINE CASSELL 167 Beetem Hollow Road Newville. PA 17241 MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: RACHELLE ELAINE CASSELL 167 Beetem Hollow Road Newville, PA 17241 MARTIN LESTER CASSELL l 67 Beetem Ho]]ow Road Newville. PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 Z P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: CITIFINANCIAL MORTGAGE CO., INC. AKA ASSOCIATES FINANCIAL 1111 Northpoint Drive Building 4 Suite 100 Coppell, TX 75019 CITIFINANCIAL. INC. 1 Valley Street, Suite 103 Carlisle, PA 17013 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of ~~hom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 167 Beetem Hollow Road Newville, PA 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are tnie and correct to the bes of i ,personal knowledge or information and belief. I understand that false statements herein are made subject to tl pe lties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 19. 2009 - - _ _ ___ - __ - GOLDBECK cC'AFFLR"1~Y ~ ~IcKLLVLR BY: Micha T. McKeever, Esq. Attorney rn- Plaintiff 1 09-577 GOLDBECK iVIcCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL Mortgagor(s) and Record Owner(s) 167 Beetem Hollow Road Newville, PA 17241 Defendant(s) Term No. 09-577 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. 77IIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORI\IATION OBTAINEll FROI\I YOC WILL BE USED FOR THAT PURPOSE. NOTICE OF ShIERIFF'S SALE OF REAL PROPERTY' TO: CASSELL. RACFIELLE ELAINE RACHELLE ELAINE CASSELL 167 Beetem Hollow Road Newville, PA 17241 Your house at 167 Beetem Hollow Road; Newville, PA 1724] is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM; in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $255.210.07 obtained by JPMORGAN CHASE BANK. NATIONAL ASSOCIATION against vou. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF 1V10RTGAGE FORECLOSURE 09-577 I. The sale will be cancelled if you pay to JPMORGAN CHASE BANK, NA'TIONAI. ASSOCIATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 4. 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 below 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 NOT TAKE PLACE l . If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a 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 ~~ hich was paid for your house. ,'1 schedule of distribution of the money bid for your house will be tiled by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out In accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are f71ed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back_ if you act inunediately after the sale. 8. You ma_y contact the Foreclosure Resource Center: http' www.nhiladelphia.fed.or~~/foreclosure% Y'OU SHOULD TAKE THIS PAPER TO YOUR LAWI'ER AT ONCE. IF YOU DO NO"I HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OU'T WHERE YOU CAN GET LL-GAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty .Avenue Carlisle. PA 170] 3 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 09-577 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov_ for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real as~px. 5). Call the Plaintiff (your lender) at 866-926-8937 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention u, goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 76310FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. r 09-577 GOLDBECK 1VIcCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 7255 Baymeadows Wav Jacksonville, FL 32256 Plaintiff vs. RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL Mortgagor(s) and Record Owner(s) 167 Beetem Hollow Road Newville, PA 17241 Defendants; Term No. 09-577 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT' A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEI\~IPT TO COLLECT A DEBT. ANY INFORI\~1ATION OBTAINED FROM YOL` WILL BE USF,D FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CASSELL, RACHI[LLE ELAINE RACHELLE ELAINE CASSELL 167 Beetem IIollow Road Ne~~ille, PA 17241 Your house at 167 Beetem 1-Iollow Road, Newville, PA 17241 is scheduled to be sold at Sherift'~ Sale on Wednesday, March 03, 2010, at ]0:00 AM; in Commissioners Hearing Km 2nd FL Courthouse to enforce the court judgment of $255.210.07 obtained by JPMORGAN CHASE BANK, NATIONAL ASSOCIATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: l 09-577 1. The sale will be cancelled if you pay to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-231 ]. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you wil] have of stopping the sale. (See notice below 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 NOT TAKE PLACE. L If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 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. fhe 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 the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff; you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the fiill 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 «~as paid for your house. A schedule of distribution of the money bid for your house will be Bled by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (lOj days after the schedule of distribution is filed. 7. You tnay also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. " 8. You may contact the Foreclosure Resource Center: http:,~nv~~~~hiladel hiafed.or~iforeclosurei YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A'f ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEI_.EPI-IONS THE OFFICE LISTED BELOW TO FIND OU~f WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA 17013 LEGAL SERVICES INC 8 ]wine Row Carlisle, PA 17013 717-243-9400 1 09-577 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud. ov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) at 866-926-8937 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(u~~oldbecklaw.com. Cal] Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 76310FC. Para infolmacion en espanol puede communicarse con Loretta al 215-825-6344. ~ .. _ o9-s77 GOLDBECK 1VIcCAF~'ERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 72ss Baymeadows Way Jacksonville, FL 322s6 Plaintiff vs. RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL Mortgagor(s) and Record Owner(s) 167 Beetem Hollow Road Newville, PA 17241 of Cumberland County CNII~ ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) Term No. 09-s77 THIS LAW FIRI\~i lS A DEBT COLLECTOR AND WE ARE ATTEI~'[PTING TO COLLECT A DEBT. TNIS NOTICE IS SF,NT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORI\~IATION OBTAINEll FROI\~1 YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL. PROPERTY' TO: CASSELL, MARTIN LESTER MARTIN LESTER CASSELL 167 Beetem Hollow Road Ne~~~~ille, PA 17241 Your house at 167 Beetem Hollow Road_ Nc~~.ti°ille. PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010. at 10:00 AM. in Commissioners Nearing Rm 2nd FL Courthouse to enforce the court judgment of $255? 10.07 obtained by JPMORGAN CHASE BANK. NAT]ONAL ASSOCIATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TNIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 09-577 1. The sale will be cancelled if you pay to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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. 4. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 fiill amount due in the sale. To find out if this has happened, you may call the Sheriff of 7l 7-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff; you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the frill 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. ~'ou may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who teill 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 tiled with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http:i%~~~ww.philadclphiafed.or~itoreclosure~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNO"f AFFORD ONL-, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO F[ND OU'1~ WHERE ti'OU CAN GET LEGAL IIELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC. 8 Irvine Row Carlisle, PA 17013 717-243-9400 09-577 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) at 866-926-8937 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at l -866-413-231 l or via email at homeretention~goklbecklaw com. Call Seth at 215-825-6329 or fax 2l 5-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-8?5-6418. Please reference our Attorney File Number of 7631 OFC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. IT BEING A PORTION OF THE PARCEL OF LAND LOCATED IN PENN TOWNSHIP, CUMBERLAND COUNTY, AND PENNSYLVANIA. BEGINNING AT A POINT IN THE CENTERLINE OF BEETEM HOLLOW ROAD, T-368, THENCE SOUTH TWENTY-THREE (23) DEGREES EIGHTEEN (18) MINUTES TEN (10) SECONDS WEST TO A POINT IN THE EASTERNLINE OF BEETEM HOLLOW ROAD, T-350, THENCE NORTH EIGHT-TWO (82) DEGREES FIFTY-TWO (52) MINUTES FIFTEEN (15) SECONDS EAST TO A POINT ALONG LANDS SNOW OR FORMERLY OF DAVID L. MCGOWEN THENCE SOUTH FIVE (5) DEGREES FORTY-FIVE (45} MINUTES ZERO (0) SECONDS EAST FOUR HUNDRED NINETY-FIVE AND FORTY-SIX HUNDREDTHS (495.46) FEET SOUTH FIFTEEN (IS) DEGREES FORTY-EIGHT (48) MINUTES AND FIFTY (50) SECONDS EAST ONE HUNDRED TWENTY-FOUR AND EIGHTY-THREE HUNDREDTHS (124.83) FEET TO A POINT THENCE SOUTH TWELVE (12) DEGREES FIFTY-SIX (56) MINUTES FIFTY-FIVE (55} SECONDS EAST FIVE HUNDRED THIRTY-FIVE AND FORTY-ONE HUNDREDTHS (535.41) FEET TO A POINT ALONG LANDS NOW OR FORMERLY OF GARY E. GALBRALTH THENCE NORTH EIGHTY-TWO (82) DEGREES ZERO (0) MINUTES FORTY-FIVE (45) SECONDS EAST THREE HUNDRED FORTY-EIGHT AND EIGHTY-SIX HUNDREDTHS (348.86) FEET TO A POINT LAND KNOWN AS LOT #2 OF SAID SUBDIVISION THENCE NORTH EIGHT (8} DEGREES THIRTY-FIVE (35) MINUTES ZERO (0) SECONDS WEST ONE THOUSAND SEVENTY-TWO AND ONE ONE HUNDREDTHS (1072.0]) FEET TO A POINT THENCE NORTH SEVENTY-EIGHT (78) DEGREES FORTY- FIVE (45) MINUTES FIFTEEN (15} SECONDS WEST THREE HUNDRED NINETY- FOUR AND EIGHTY-SEVEN HUNDREDTHS (394.87) FEET TO A POINT THENCE SOUTH EIGHTY-TWO (82) DEGREES FIFTY-TWO (52) MINUTES FIFTEEN (1 S) SECONDS WEST TWO HUNDRED ELEVEN AND EIGHTY-ONE HUNDREDTHS (21 1.81) FEET TO THE POINT AND PLACE OF BEGINNING. BEING THE SAME PREMISES BY DEED FROM ELI M. DOBRINOFF, JR. DATED 02/08/2000 AND RECORDED 02/1 (/2000 IN BOOK 216 PAGE 143 GRANTED AND CONVEYED UNTO MARTIN L. CASSELL AND RACHELLE E. CASSELL. BEING KNOWN AS 167 BEETEM HOLLOW ROAD, NEWVILLE PA 17241 TAX PARCEL NO: 31-I 3-01 14-103 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH CAF PENNSYLVANIA) COUNTY OF CUMBER7.AND) NO 09-577 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff (s) From RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL (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 hefshe has been added as a garnishee and is enjoined as above stated. Amount Due $255,210.07 L.L. $.50 Interest from 10/20/09 to Date of Sale per diem at $44.43 -- to be Determined Atty's Comm Atty Paid $174.70 Plaintiff Paid Date: 10/20/09 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs 5 Curti .Long, Prothonot By: Deputy Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 On November 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA, Known and numbered as 167 Beetem Hollow Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date:. November 5, 2009 By: /.~ ~ ,. Real Estate Coordinator ~; ~~: ~, , Li ~-~j[/ ~.1_: ~ '• `~S~ r li ~~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 Cazlisle 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 regulazly 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: JanuarX22, Januar~29, and February 5, 2010 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 chazacter of publication aze true. ' a Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 ~G Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNN My Commission Exptres Apr 28, 2010 wit xo. z0o9-a~~ civlt JP Morgan Chase Bank, NA vs. Rachelle Elaine Cassell Martin Lester Cassell Atty: Michael McKeever IT BEING a portion of the parcel of land located in Penn Township, Cumberland County, and Pennsyl- vania. Beginning at a point fn the centerline of Beetem Hollow Road, T-368, thence South twenty-three (23) degrees eighteen (18) minutes ten (10) seconds West to a point in the easternline of Beetem Hollow Road, T-350, thence North eight-two (82) degrees fifty-two (52) minutes fifteen (15) seconds East to a point along lands now or formerly of Da- vid L. McGowen thence South five (5) degrees forty-five (45) minutes zero (0) seconds East four hundred ninety-five and forty-six hundredths (495.46) feet south fifteen (15) de- grees forty-eight (48) minutes and fifty (50) seconds east one hundred twenty-four and eighty-three hun- dredths (124.83) feet to a point thence South twelve (12) degrees fifty-six (56) minutes fifty-five (55) seconds East five hundred thirty-five and forty-one hundredths (535.41) feet to a point along lands now or formerly of Gary E. Galbralth thence North eighty-two (82) degrees zero (0) minutes forty-five (45) seconds east three hundred forty-eight and eighty-six hundredths (348.86) feet to a point land known as Lot #2 of said subdivision thence North eight (8) degrees thirty-five (35) minutes zero (0) seconds West one thousand seventy-two and one one hundredths (1072.01) feet to a point thence North seventy-eight (7 degrees fortyfive (45) minutes fifteen (15) seconds west three hundred ninetyfour and eighty- seven hundredths (394.87) feet to a point thence South eighty-two (82) degrees fifty-two (52) minutes fifteen (15) seconds West two hundred eleven and eighty-one hundredths (211.81) feet to the point and place of BEGINNING. BEING THE SAME PREMISES by deed from Eli M. Dobrinoff, Jr. dated 02/08/2000 and recorded 02/ 11 / 2000 in Book 216 Page 143 granted and conveyed unto Martin U. Cassell and Racj-Ielle E. Cassell. BEING KNOWN AS 167 Beetem Hollow Road, Newville, PA 17241. TAX PARCEL NO: 31-13-0114- 103. PROPERTY ADDRESS: 167 Bee- tem Hollow Road, Newville, PA 17241. the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he~latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01 /22/10 .- 01 /29/10 ~- 02/05/10 v ,, r Sworn to and ubscribed befor me his 4 d of ebruary, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal C,Shenie L Kisner, Notary Public ~, ~ rcJ. ~uPt-in Courtly F~iree Nov 26, 2011 Member, Pennsylvania Association of Notaries Docket Number: 2009-577 Civfl Term JP Morgan Chase Bank, NA vs. Rachelle Elaine Cassell Martin Lester Cassell Atty: Michael McKeever TT BEING A PORTION OF THE PARCEL OF LAND LOCATED IN PENN TOWNSHIP, CUMBERLAND COUNTY, AND PENNSYLVANIA. BEGINNING AT A POINT IN THE CENTERLINE OF BEETEM HOLLOW ROAD, T-368, THENCE SOUTH TWENTY-THREE (23) DEGREES EIGHTEEN (18) MINUTES TEN (10) SECONDS WEST TO A POINT IN THE EASTERNLINE OF BEETEM HOLLOWROAD, T-350, THENCE NORTH EIGHT-TWO (82) DEGREES FIFTY- TWO (52) MINUTES FIFTEEN (15) SECONDS EAST TO A POINT ALONG LANDS NOW OR FORMERLY OF DAVID L. MCGOWEN THENCE SOUTH FIVE (5) DEGREES FORTY-FIVE (45) MINUTES ZERO (0) SECONDS EAST FOUR HUNDRED NINETY--FIVE AND FORTY-SIX HUNDREDTHS (495.46) FEET SOUTH FIFI'EIN (15) DEGREES FORTY-EIGHT (48) MINUTES AND FIFTY (50) SECONDS EAST ONE HUNDRED .TWENTY-FOUR AND EIGHTY-THREE HUNDREDT~IS (124.83) FEET TO A POINT THENCE SOUTH TWELVE (12) DEGREES FIFTrSIX (56) MINUTES FIFTY-FIVE (55) SECONDS EAST FIVE HUNDRED THIRTY-FIVE AND FORTY-ONE HUNDREDTHS (535.41) FEET 'GO A POINT ALONG LANDS NOW OR FORMERLY OF GARY E. GALBRALTH THENCE NORTH EIGHTY-TWO (82) DEGREES ZERO (0) MINUTES FORTY-FIVE (45) SECONDS EAST THREE HUNDRED FORTY:EIGHT AND EIGItTY--SIX HtJNDREUTHS (348.86) PEST TO A P~OIrI'T LANA KNOWN AS LOR' N2 OF SAID SUI3DTVISION THENCE NORIgi E~HT (8) DGd3REES THIRTY-FIVE (35) MINUTES Zx:RO (0) SECONDS WEST ONE THOUSAND SEVENTY-TWO AND ONE ONE HUNDREDTHS (1072.01) FEET TO A POII9T THENCE NORTH SEVENTY-EIGHT (7 DEGREES FORTYFNE (45) MINUTES t `.TEEN (15) SECONDS WEST THREE }INDRED NINETYFOUR AND EIGHTY- St',VEN HUNDREDTHS (394.87) FEET TO A POINT THENCE SOUTH EIGHTY-TWO (82) DEGREES FIFTY-TWO (52) MINUTES FIFTEEN (15) SECONDS WEST TWO HUNDRED ELEVEN AND EIGHTY-ONE HUNDREDTHS (211.81) FEET TO THE POINT AND PLACE OF BEGINNING. BEING THE SAME PREMISES BY DEED FROM ELI M DOBRINOFF, JR. DATED 021 08!2000 AND RECORDED 02/11!2000 IN BOOK 216 PAGE 143 GRANTED AND CONVEYED UNTO MARTIN U CASSELL AND RAG-IELLE E. CASSELL. BEING KNOWN AS 167 BEETEM HOLLOW ROAD. NEWVIl.LE PA 17241 TAX PARCEL N0: 31- 13-0114-103 PROPERTY ADDRESS: 167 Beetem Hollow Road, Newville,PA 17241 ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 -,, ;-, . Goldbeck, McCafferty & McKeever Suite s000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1632 21s-627-1322 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 72ss Baymeadows Way Jacksonville, FL 322s6 vs. Plaintiff RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL Mortgagor(s) and Record Owner(s) 167 Beetem Hollow Road Newville, PA 17241 TO THE PROTHONOTARY: Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVII. ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-s77 PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: O Amount Due ~01~.0o po arty 34. 1b CgF ~~ ~~ " Interest from ' q~0a. a a w 10/20/2009 to Date of 18.50 Sale per diem at I'~ . Do " $44.43 a~F. oo ,. '' ~ I,~(o5. la- Po rrM $d.oo ~ueCo ~~ 5y o44q ~~ ~~a~ (Costs to be added) f-~ r.,, , .. - ~ -~., ~ryryic Ass 9^~ C~IU 110 ~1..jlti`_, .: _. _ 'y j it $2ss,zlo.o7 BY• G. GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 618s8 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 2761s Attorneys for Plaintiff ~ u~,.d~~a~,.nl d a Q+ z 0 i 0 'r' U o~ w 00 za 0 U x H z 0 H f'" Q U O d 0 d z ~C w d Uz x 0 a ti O ~ ~ ~ ~, F U .a H as ~b a w W ~~o~~ ~ w Q,b N QU o o~ (~; O Wow °' oa x a ~''{ d W a ~ c d a i W a ~ ~ ~> 04 z W~..~°'3 ~~ z O wQ o° ~ U~~ W v ~ a i U EH U i+ d ~ a~ d U ca x ~ .J ~ ~ O N .~ ~~~~ ~~ ~¢~- ~ rr ,SC W N ~ 0 c~ ~ ~O U.-;~~~ o ~, ~~,~ aN ~ r' '~ U p ~o a ~~ o a~ ~ 'a IT BEING A PORTION OF THE PARCEL OF LAND LOCATED IN PENN TOWNSHIP, CUMBERLAND COUNTY, AND PENNSYLVANIA. BEGINNING AT A POINT IN THE CENTERLINE OF BEETEM HOLLOW ROAD; T-368, THENCE SOUTH TWENTY-THREE (23) DEGREES EIGHTEEN (18) MINUTES TEN (10) SECONDS WEST TO A POINT IN THE EASTERNLINE OF BEETEM HOLLOW ROAD, T-350, THENCE NORTH EIGHT-TWO (82) DEGREES FIFTY-TWO (52) MINUTES FIFTEEN (15) SECONDS EAST TO A POINT ALONG LANDS SNOW OR FORMERLY OF DAVID L. MCGOWEN THENCE SOUTH FIVE (S) DEGREES FORTY-FIVE (45) MINUTES ZERO (0) SECONDS EAST FOUR HUNDRED NINETY- FTVE AND FORTY-SIX HUNDREDTHS (495.46) FEET SOUTH FIFTEEN (15) DEGREES FORTY-EIGHT (48) MINUTES AND FIFTY (50) SECONDS EAST ONE HUNDRED TWENTY-FOUR AND EIGHTY-THREE HUNDREDTHS (124.83) FEET TO A POINT THENCE SOUTH TWELVE (12) DEGREES FIFTY-SIX (56) MINUTES FIFTY-FIVE (55) SECONDS EAST FIVE HUNDRED THIRTY-FIVE AND FORTY-ONE HUNDREDTHS (535.41) FEET TO A POINT ALONG LANDS NOW OR FORMERLY OF GARY E. GALBRALTH THENCE NORTH EIGHTY-TWO (82) DEGREES ZERO (0) MINUTES FORTY-FIVE (45) SECONDS EAST THREE HUNDRED FORTY-EIGHT AND EIGHTY-SIX HUNDREDTHS (348.86) FEET TO A POINT LAND KNOWN AS LOT #2 OF SAID SUBDIVISION THENCE NORTH EIGHT (8) DEGREES THIRTY-FIVE (35) MINUTES ZERO (0) SECONDS WEST ONE THOUSAND SEVENTY-TWO AND ONE ONE HUNDREDTHS (1072.01) FEET TO A POINT THENCE NORTH SEVENTY-EIGHT (78) DEGREES FORTY-FIVE (45) MINUTES FIFTEEN (15) SECONDS WEST THREE HUNDRED NINETY-FOUR AND EIGHTY-SEVEN HUNDREDTHS (394.87) FEET TO A POINT THENCE SOUTH EIGHTY- TWO (82) DEGREES FIFTY-TWO (52) MINUTES FIFTEEN (15) SECONDS WEST TWO HUNDRED ELEVEN AND EIGHTY- ONE HUNDREDTHS (211.81) FEET TO THE POINT AND PLACE OF BEGINNING. BEING THE SAME PREMISES BY DEED FROM ELI M. DOBRINOFF, JR. DATED 02/08/2000 AND RECORDED 02/11/2000 IN BOOK 216 PAGE 143 GRANTED AND CONVEYED UNTO MARTIN L. CASSELL AND RACHELLE E. CASSELL. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 167 Beetem Hollow Road Newville, PA 17241 SOLD as the property of RACHELLE ELAINE CASSELL and MARTIN LESTER CASSELL TAX PARCEL #31-13-0114-103 Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL (Mortgagor(s) and Record Owner(s)) 167 Beetem Hollow Road Newville, PA 17241 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 ~. ,. ;. i- i '' No. 09-577 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 167 Beetem Hollow Road Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): RACHELLE ELAINE CASSELL 167 Beetem Hollow Road Newville, PA 17241 MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: RACHELLE ELAINE CASSELL 167 Beetem Hollow Road Newville, PA 17241 t -~~i i~J10 t~~~~~';~ -9 ~~c1 ~ ~ r of Cumberland County CIVII, ACTION -LAW ACTION OF MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfaze Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Cazlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: CITIFINANCIAL, INC. 1 Valley Street, Suite 103 Cazlisle, PA 17013 CTTIFINANCIAL MORTGAGE CO., INC_ AKA ASSOCIATES FINANCIAL 1111 Northpoint Drive Building 4 Suite 100 Coppell, TX 75019 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 167 Beetem Hollow Road Newville, PA 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit aze true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Au~ttst 6.2010 GOLDBECK Mc R EVER BY: Barb Hand GOLDBECK McCAFFBRTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQ. ATTORNEY LD. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPI~IIA, PA -19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF F~ ~ ~. .. ~ 7~~ r- -,,} ~,i; JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 7255 Baymeadows Way Jacksonville, PL, 32256 Plaintiff vs_ RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL Mortgagor(s) and Record Owner(s) 167 Beetem Hollow Road Newville, PA T7241 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVII, ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-577 CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff, by counsel, hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. By: ~~~~ GOLDBECK McCAFFERTY & McKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 -David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff 09-577 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff ~.i~.~ ~ .,_ ~ ~ . 2~f0~vJ-'9 ~f : ~~; Avc~ q Pm ~ •. t a V La1 ' .... ,' j ~'',`, ~ ~. _ 1, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL Mortgagor(s) and Record Owner(s) 167 Beetem Hollow Road Newville, PA 17241 Defendants; of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 09-577 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CASSELL, RACHELLE ELAINE RACHELLE ELAINE CASSELL 167 Beetem Hollow Road Newville, PA 17241 Your house at 167 Beetem Hollow Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, December 08, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $255,210.07 obtained by JPMORGAN CHASE BANK, NATIONAL ASSOCIATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 09-577 1. The sale will be cancelled if you pay to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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. 4. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed 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 the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a 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 shaze of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid .out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) aze filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.orQ/foreclosure/ 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 2 Liberty Avenue Cazlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Cazlisle, PA 17013 717-243-9400 09-577 Resources available for Homeowners in Foreclosure ACT NOW! even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit DUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website httn://www. by fa.org/consumers homeowners/real aspx. 5). Call the Plaintiff (your lender) at 866-926-8937 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@g_oldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 76310FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-577 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff (s) From RACHELLE ELAINE CASSELL & MARTIN LESTER CASSELL (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 $255,210.07 L.L. Interest from 10/20/09 to Date of Sale per diem at $44.43 Atty's Comm % Due Prothy $2.00 Atty Paid $1,165.12 Plaintiff Paid Date: 8/9/10 (Seal) . Other Costs D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: DAVID FEIN, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 82628 CiOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. 4fi THE FILED-OFFICE t tz1 2010NOV 30 QM It: 30 A 76310FC CF: 02/04/2009 SD: 12/08/2010 $255,210.07 A NO C%Ml, COURT OF COMMON PLEAS YLVANIA of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL Mortgagor(s) and Record Owner(s) 167 Beetem Hollow Road Newville, PA 17241 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 09-577 Keith C. Halili, an employee of Goldbeck McCafferty & McKeever, counsel for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( } Personal Service by the Sheriffs Office/competent adult (copy of return attached). Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfu y submitted BY: Keith C. alili Legal Secretary UWnWSWTS ibj?6z POSTAL SE74VECE_ Date Produced: 08/30/2010 GOLDBECK MCCAFFERTY & MCKEEVER The following is the delivery information for Certified MailTm item number 7108 2133 3938 8901 4392. Our records indicate that this item was delivered on 08/23/2010 at 02:45 p.m. in NEWVILLE, PA, 17241. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: J ?? w ?l Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representitive. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 76310MC12/8 c I ti 41 z $ 1S -J w " yO ? 4 N N J V- LZ =o ? a v cu "'? c s r Z 7 a O m ,vO ? :?° vm 1 ?cO C :g N O { UZ ?Q W Ci (DA J p o ?? UN n. Z?CL i 'm dm 7z 4??pw04'? Z ? ? ?r"d SZjjG?G W m r7 c6 dr o (? r V ?' a ib N ? O m ? ? d c £ W o (r $ 4 Wu o i m m 6 Vs J T d 1 y CD C (fl o v c us O am Q cf 0 m 0 z0 l r it I 4n _ uJ CS m to _ od Q o `L S ?j cr'D _ (? N e ?s m d O X ? N o c ) S~(? E"" 0 TF WZ _ > O ? o c7c> pCD ia0 Uv?? ) adp ? a m z ma u1 a m cmn ? ?7- ?c ?Q Y 0. C4 O ?a ry0?$n_r 4 t6 m tL G 0 C Q. U y .L - o. 1 m a i C 0 to 0 c lit m m o Q J o u N N 0 U m o z ?v d r W m m Z m N o c 0 0 O 0 r J 4 V m Z 1 ? W m W w o = ?T ? 'za ti ? Q Ct r° m a ? co ti Date Produced: 09/06/2010 t ""- ?& W a V- GOLDBECK MCCAFFERTY & MCKEEVER The following is the delivery information for Certified MailTM item number 7108 2133 3938 8901 4408. Our records indicate that this item was delivered on 09/01/2010 at 10:51 a.m. in CARLISLE, PA, 17013. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: 5S i c lam/ ? Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representitive. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 7631ORC12/8 GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL Mortgagor(s) and Record Owner(s) 167 Beetem Hollow Road Newville, PA 17241 Defendant(s) ACTION OF MORTGAGE FORECLOSURE Term No. 09-577 AFFIDAVIT PURSUANT TO RULE 3129 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 167 Beetem Hollow Road Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): RACHELLE ELAINE CASSELL 167 Beetem Hollow Road Newville, PA 17241 MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: RACHELLE ELAINE CASSELL 167 Beetem Hollow Road Newville, PA 17241 MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: CITIFINANCIAL, INC. 1 Valley Street, Suite 103 Carlisle, PA 17013 CITIFINANCIAL MORTGAGE CO., INC. AKA ASSOCIATES FINANCIAL 1111 Northpoint Drive Building 4 Suite 100 Coppell, TX 75019 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 167 Beetem Hollow Road Newville, PA 17241 (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: November 24, 2010 GOLDBECK McCAFFERTY & McKEEVER BY: Keith C. Halili Legal Secretary w s K L LAW GROUP,P.C. Suite 5000-BNY Melton Independence Center `` r f 115HJ ,i; 701 Market Street MAR 2 5 AN Philadelphia,PA 19106-1532 215-825-6340 r-UMBV� ;� LA9 0 Cal Attorn for Plaintiff L VAM-A JPMORGAN CHASE BANK,NATIONAL IN THE COURT OF COMMON PLEAS ASSOCIATION 7255 Baymeadows Way of Cumberland County Jacksonville,FL 32256 Plaintiff vs. No.09-577 RACHELLE ELAINE CASSELL and MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville,PA 17241 Defendant AFFIDAVIT OF SERVICE I hereby certify that the Rule Returnable dated April 11, 2013 relative to Plaintiff's Motion to Reassess Damages in the above captioned matter was served pursuant to Rule 440 by first class mail on the following parties on the date listed below: RACHELLE ELAINE CASSELL 167 Beetem Hollow Road Newville,PA 17241 MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville,PA 17241 I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsifications to authorities. KML Law Group, P.C. Dater 3/22/2013 KUL LAW GROUP,P.C. Marlene Powers Legal Assistant Phone: 215-825-6340 Fax: 215-627-7734 Email: mpowers @kmllawgroup.com KML Law Group P.C. FLED-OF FIC _ 11 F THE PROTHOW. Ti ; Suite 5000 - BNY Mellon Independence Center 701 Market Street 2013 MAR 19 PM 3= 11 Philadelphia,PA 19106-1532 215-825-6414 CUMBERLAND COUNTY Attorney for Plaintiff PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL IN THE COURT OF COMMON PLEAS ASSOCIATION 7255 Baymeadows Way of Cumberland County Jacksonville, FL 32256 Plaintiff CIVIL ACTION-LAW vs. ACTION OF MORTGAGE RACHELLE ELAINE CASSELL and FORECLOSURE MARTIN LESTER CASSELL 167 Beetem Hollow Road No. 09-577 Newville, PA 17241 Defendants RULE AND NOW,a rule is entered upon Defendants to show cause why the relief requested in Plaintiffs Motion to Reassess Damages should not be granted. Rule returnable tfp,— "3f 2..a *"-i' Date: /7aV. If 2a 3 J. KML Law Group,P.C. Suite 5000-BNY Independence Center j _ 1 701 Market Street u1= Thf't rH Philadelphia,PA 19106-1532 i y OTARY 215-825-6342 . Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL E 11gs No COU r TY ASSOCIATION 7255 Baymeadows Way IN THE COURT OF COMMON PLEAS Jacksonville,FL 32256 Plaintiff of Cumberland County VS. CIVIL ACTION-LAW RACHELLE ELAINE CASSELL and MARTIN LESTER CASSELL ACTION OF MORTGAGE 167 Beetem Hollow Road FORECLOSURE Newville,PA 17241 Defendants No. 09-577 MOTION TO MAKE RULE ABSOLUTE Plaintiff,JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, moves to make a rule absolute for the following reasons: 1. Plaintiff filed a Petition to Amend Judgment on March 14, 2013. A true and correct copy of Plaintiff's Motion is attached as Exhibit A. 2. A Rule was issued by the Court with a return date of April 11, 2013. Exhibit B. 3. Plaintiff's Certificate of Service of the Rule Returnable is attached as Exhibit C. 4. Upon information and belief, no response to the Petition has been filed with the Court or served upon Plaintiff. WHEREFORE, Plaintiff prays that the Court make the rule absolute and enter the attached Order. Respectfully submitted, By: KML LAW GROU /P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorney for Plaintiff KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-825-6342 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON 7255 Baymeadows Way PLEAS Jacksonville, FL 32256 Plaintiff of Cumberland County vs. CIVIL ACTION- LAW RACHELLE ELAINE CASSELL and MARTIN LESTER CASSELL ACTION OF MORTGAGE 167 Beetem Hollow Road FORECLOSURE Newville,PA 17241 Defendants No. 09-577 AFFIDAVIT Attorney, subject to the penalties of 18 P.S. Section 4904, deposes and says that he is the attorney for the within named Plaintiff and that all the facts set forth within the attached a. Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. By: KML LAW GROU , .C. Michael McKeeve . ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorney for Plaintiff SWORN TO AND SUBSCRIBED: 5A.1 vovrc r`�� A 3 t 0�p 7 Before me this day: Of M4V 2013 Notary Public ,,COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL USA SODA.Notary Pubic Cil1r40'Philadelphia,Phila.County Comnwation Expires November 21,20# Exhibit A Plaintiff's Motion to Reassess Damages i KML LAW GROUP,P.C. ATTORNEYS AT LAW SUITE 5000 BNY MELLON INDEPENDENCE CENTER 701 MARKET STREET Nn ADELPHIA,PA 19106 W W W XMLLA W GROUP.COM t March 12,2013 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle,PA 17013 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION vs. RACHELLE ELAINE CASSELL and MARTIN LESTER CASSELL Docket Number: 09-577 Our file Number: 76310FC To the Prothonotary: Kindly file Plaintiff's Motion to Reassess Damages the same of record with the Court and return a time-stamped copy in the self-addressed stamped envelope enclosed. Very truly yours, KML LAW GR UP,P.C. Marlene Powers Legal Assistant Phone: 215-825-6340 Fax: 215-825-6440 Email: .mpowers @kmllawgroup.com cc: RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL i i KML Law Group,P.C. Suite 5000-BNY Mellon Independence Center I 701 Market Street Philadelphia,PA 19106-1532 215-825-6414 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL IN THE COURT OF COMMON PLEAS ASSOCIATION 7255 Baymeadows Way of Cumberland County Jacksonville,FL 32256 Plaintiff CIVIL ACTION-LAW VS. ACTION OF MORTGAGE RACHELLE ELAINE CAS SELL and FORECLOSURE MARTIN LESTER CASSELL 167 Beetem Hollow Road No. 09-577 Newville,PA 17241 Defendants 1 RULE j AND NOW,a rule is entered upon Defendants to show cause why the relief requested in Plaintiffs Motion to Reassess Damages should not be granted. j Rule returnable the day of Date: J. :i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL I ASSOCIATION CIVIL ACTION-LAW 7255 Baymeadows Way Jacksonville,FL 32256 ACTION OF MORTGAGE Plaintiff FORECLOSURE vs. RACHELLE ELAINE CASSELL and No.09-577 MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville,PA 17241 Defendants ORDER AND NOW,this day of ,2013,upon consideration of the Motion of JPMORGAN CHASE BANK,NATIONAL ASSOCIATION to Amend its Judgment, it is, ORDERED: That the motion is granted and Plaintiffs judgment is hereby amended to $307,187.25,plus interest at the rate set forth in the note and mortgage,escrow or other advances, and/or costs and fees as allowable under the note and mortgage through and including the Sheriffs Sale of the Property or payment of the mortgage loan in full. BY THE COURT: J. Distribution list: KML Law Group,P.C., Suite 5000—BNY Mellon Independence Center,701 Market Street, Philadelphia,PA 19106-1532 RACHELLE ELAINE CASSELL, 167 Beetem Hollow Road Newville,PA 17241 MARTIN LESTER CASSELL, 167 Beetem Hollow Road Newville,PA 17241 i ,i .I i f7) r� - KML LAW GROUP,P.C. w Suite 5000-BNY Mellon Independence Center ;r 701 Market Street Philadelphia,PA 19106-1532 ;., 215-825-6414 Attorney for Plaintiff 7PMORGAN CHASE BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON 7255 Baymeadows Way PLEAS Jacksonville,FL 32256 Plaintiff OF CUMBERLAND COUNTY vs. CIVIL ACTION-LAW RACHELLE ELAINE CASSELL and MARTIN LESTER CASSELL ACTION OF MORTGAGE 167 Beetem Hollow Road FORECLOSURE Newville,PA 17241 Defendants No. 09-577 PLAINTIFF'S MOTION TO REASESS DAMAGES Plaintiff, JPMORGAN CHASE BANK, NATIONAL.ASSOCIATION, motions the Court to Amend its Judgment in mortgage foreclosure for the following reasons: 1. Plaintiffs Complaint in Mortgage Foreclosure was filed on February 02, 2009 as to the property located at 167 Beetem Hollow Road Newville,PA 17241 ("Property"). 2. On October 20, 2009,judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of$255,210.07, based upon the demand in Plaintiff s Complaint. 3. Plaintiff has incurred additional sums on Defendant's behalf since the complaint was filed. 4. On December 01, 2010 Defendant, Rachelle Elaine Cassell filed a petition in bankruptcy in the United States Bankruptcy Court for the Eastern District of Pennsylvania (No. 10-09727)which stayed further prosecution of Plaintiff s action in mortgage foreclosure. i 5. By order of United States Bankruptcy Court dated January 10, 2011, Plaintiff was granted relief from the automatic stay imposed by the Bankruptcy Code. A true and correct copy of the Bankruptcy Court Order is attached hereto as Exhibit"A"and made a part hereof. 6. Since the filing of the Complaint, interest and late charges continue to accrue based on the rates set forth in the mortgage; and plaintiff has continued to pay taxes and hazard insurance premiums (Noted as: Escrow Advances ) as required under the terms of the note and mortgage. 7. Plaintiff has also expended funds as permitted under the terms of the mortgage and note in order to protect and preserve the property for items such as property preservation, inspections, appraisals or other valuations, lawn care, payment of municipal liens, etc. (Noted as:Recoverable Balance). 8. Plaintiff has also expended additional funds as permitted under the terms of the note and mortgage for attorney fees and costs in the enforcement of its security interest in the Property. (Noted as: Attorney's Fees and Costs of Suit). 9. Due to the increase in the amounts due and owing to Plaintiff, Plaintiffs judgment amount is not sufficient to satisfy the amounts due and owing on the mortgage and the mortgage lien on the Property. 10. The amounts due and owing on the mortgage are as follows: Principal Balance $211,744.23 Interest from 05/01/2008 to 02/05/2013 $70,185.09 Late Charges $307.60 Attorney's Fees $1,205.00 Recoverable Balance $535.10 Costs of Suit $2,638.52 Escrow Advance $20,571.71 TOTAL $307,187.25 I 1 WHEREFORE, Plaintiff prays that the Motion be granted and Plaintiff s Judgment be i amended to $307,187.25 ,plus interest at the per diem rate, escrow at the per monthly rate and fees and costs of the action through and including distribution of funds following a Sheriff s sale of the property or payment of the mortgage and note in full. Respectfully submitted, KML LAW GROUP,P.C. �J7 By. KML LAW GROVP,P.C. MicJ ael McKeever Pa.ID 56129 Jay E.Kivitz Pa.ID 26769 ^Lisa Lee Pa.ID 78020 David Fein Pa.ID 82628 Thomas Pnleo Pa.ID 27615 Jill P.Jenldns Pa.ID 306588 Attorneys for Plaintiff i j K.ML Law Group, P.C. Suite 5000 -BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6414 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL IN THE COURT OF COMMON ASSOCIATION PLEAS 7255 Baymeadows Way Jacksonville,FL 32256 of Cumberland County Plaintiff VS. CIVIL ACTION-LAW RACHELLE ELAINE CASSELL and ACTION OF MORTGAGE MARTIN LESTER CASSELL FORECLOSURE 167 Beetem Hollow Road Newville,PA 17241 No. 09-577 Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES It is well-settled law that a judgment in a mortgage foreclosure action is strictly in rem,and imputes no personal liability on the defendant in the judgment. . Woo Realty Co. v. Burns,414 Pa.495,498(1964). Judgment in mortgage foreclosure must be entered for a sum certain or no execution could ever issue on it. Landau v. Western Pennsylvania National Bank, 445 Pa.217,282(1971). Following the entry of judgment,however,the court may exercise power to control enforcement of the judgment and may grant relief,in the form of a I reassessment,until the judgment is discharged or satisfied. Chase Home Mort. Corp of the Southeast v. Good, 370 Pa- Super 570, 574(1988). Plaintiff/Mortgagee may obtain such relief by petitioning the court for a reassessment of damages,and properly serving Defendant/Mortgagor with such petition_ See Union Nat_ Bank of Pittsburgh v.Cion oli,407 Pa. Super_ 171 (1991). Plaintiff is entitled to the amounts due and owing pursuant to the terms of the mortgage and note at the time of the Sheriff's Sale of Property. For reasons stated in the within motion, Plaintiff's judgment in mortgage foreclosure is insufficient to compensate Plaintiff for the amount due and owing under the mortgage. Specifically, interest charges,late charges and advances made by plaintiff to pay taxes, insurance,or to otherwise protect its mortgage lien and the interests of the Defendant,have all been accruing while Plaintiff's action in mortgage foreclosure was delayed. CONCLUSION For the reasons stated above and in the within motion,Plaintiff respectfully requests that the motion be granted and Plaintiffs judgment be amended to $307,187.25,plus interest at the per diem rate, escrow at the per monthly rate, fees and costs of the action and other sums permissible under the mortgage and note through and including distribution of funds following the sheriffs sale of the property or payment of the mortgage and note in full. Respectfully submitted, By: KMVLAW GROUP,P.C. x Mclfael McKeever Pa.ID 56129 Jay E.Kivu Pa ID 26769 Lisa Lee Pa.ID 78020 David Fein Pa.ID 82628 Thomas Puleo Pa-ID 27615 •i Jill P.Jenkins Pa_ID 306588 Attorneys for Plaintiff I i i I 1 EXHIBIT "A" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE:Rachelle Cassell Debtor CHAPTER 7 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Moving Party VS. NO.1:10-bk-09727 RNO RacheRe Cassell Debtor Leon P.Haller 11 U.S.C.Sections 362 and 1301 Trustee ORDER Upon consideration of Movant's Motion for Relief from the Automatic Stay, it is ORDERED AND DECREED that: The Automatic Stay of all proceedings,as provided under 11 U.S.C. Sections 362 and 1301 of the Bankruptcy Reform Act of 1978 (The Code) 11 U.S.C. 11 U.S.C. Sections 362 and 1301 (if applicable),are modified to allow JPMORGAN CHASE BANK,NATIONAL ASSOCIATION and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriffs Sale regarding the premises 167 Beetem Hollow Road Newville,PA 17241 and a possessory action if necessary. By the Court, Dated:January 10,2011 Itotxrt K.Opel,II,Bankcvpfcy Judgc S�1 i i i 1 Case 1:10-bk-09727-RNO Doc 22 Filed 01/10/11 Entered 01110/1112:47:48 Desc Main Document Page 1 of 1 i KML Law Group,P.C. Suite 5000-13NY Mellon Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-825-6340 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL IN THE COURT OF COMMON ASSOCIATION PLEAS 7255 Baymeadows Way Jacksonville,FL 32256 of Cumberland County Plaintiff vs. CIVIL ACTION-LAW RACHELLE ELAINE CASSELL and ACTION OF MORTGAGE MARTIN LESTER CASSELL FORECLOSURE 167 Beetem Hollow Road Newville,PA 17241 No.09-577 Defendants CERTIFICATION OF SERVICE Marlene Power is a Legal Assistant with the firm of KML Law Group, P.C. and hereby certifies that a true and correct copy of Plaintiff s Motion to Reassess Damages was mailed by first class mail,postage prepaid to Defendants on the dated listed below. Defendants: RACHELLE ELAINE CASSELL 167 Beetem Hollow Road Newville,PA 17241 MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville,PA 17241 Date: �f d _ KML LAW GROUP,P.C. Marlene Powers Legal Assistant Phone: 215-825-6340 Fax: 215-627-7734 Email: mpowers@kmllawgroup.com Exhibit B Rule Returnable issued by the Court "1( Cn -.r-£ r- �>_!-Ur f I1 C` KML Law Group,P.C. 1_'F TAB FF;0THO J D",:'✓ Suite 5000-BNY Mellon Independence Center 701 Market Street �U� Fr . Philadelphia,PA 19106-1532 CUMBERLAND CLL IT. Y 215-825-6414 F Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL IN THE COURT OF COMMON PLEAS ASSOCIATION 7255 Baymeadows Way of Cumberland County Jacksos71'lle,FL 32256 Plaintiff CIVIL ACTION-LAW vs. ACTION OF MORTGAGE RACHELLE ELAINE CASSELL and. FORECLOSURE MARTIN LESTER CASSELL 167 Beetem Hollow Road No. 09-577 Newville,PA 17241 Defendants RULE AND NOW,a rule is entered upon Defendants to show cause why the relief requested in Plaintiffs Motion to Reassess Damages should not be granted. Rule returnable f X-° ' 44'r S'vJrw . 9 Zo Date: Mdv, / _ J Exhibit C Plaintiff's Certification of Service of the Rule Returnable = KML LAW GROUP,P.C. y , �T,� 7 .1 ,._ Suite 5000-BNY Mellon Independence Center 1��`� 25 Air' 701 Market Street !►E_ }, r ' ! Philadelphia,PA 19106-1532 S `k C1' !j 215-825-634011 r Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL IN THE COURT OF COMMON PLEAS ASSOCIATION 7255 Baymeadows Way of Cumberland County Jacksonville,FL 32256 Plaintiff vs. No.09-577 RACHELLE ELAINE CASSELL and MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville,PA 17241 Defendant AFFIDAVIT OF SERVICE I hereby certify that the Rule Returnable dated April 11,2013 relative to Plaintiff's Motion to Reassess Damages in the above captioned matter was served pursuant to Rule 440 by first class mail on the following parties on the date listed below: RACHELLE ELAINE CASSELL 167 Beetem Hollow Road Newville,PA 17241 MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville,PA 17241 I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsifications to authorities. KML Law Group,P.C. Date: 3/22/2013 KHT,LAW GROUP,P.C. Marlene Powers Legal Assistant Phone: 215-825-6340 Fax: 215-627-7734 Email: mpowers @kmllawgroup_com KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL IN THE COURT OF COMMON PLEAS ASSOCIATION 7255 Baymeadows Way of Cumberland County Jacksonville,FL 32256 Plaintiff CIVIL ACTION-LAW ACTION OF MORTGAGE RACHELLE ELAINE CASSELL and FORECLOSURE 167 Beetem Hollow Road No. 09-577 Newville,PA 17241 Defendants CERTIFICATE OF SERVICE Barbara Hand is a legal assistant with the firm KML Law Group, P.C. and hereby certifies that a true and correct copy of Plaintiff s Motion to Make Rule Absolute by first class mail, postage prepaid to Defendants, RACHELLE ELAINE CASSELL and MARTIN LESTER CASSELL on May 8,2013. KML Law Group, P.C. Marlene Powers Judgment Department Phone: (215) 825-6340 Fax: (215)627-7734 Email: mpowers@kmllawgroup.com SWORN TO AND SUBSCRIBED: Before me this ga day: Of Mily 2013 Notary Public NOTARiAL SEAL CwrAiwion,Expires November U,2014 _ KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-825-6342 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 7255 Baymeadows Way Jacksonville, FL 32256 of Cumberland County Plaintiff vs. CIVIL ACTION- LAW _ RACHELLE ELAINE CASSELL and ACTION OF MORTGAGE MARTIN LESTER CASSELL FORECLOSURE 167 Beetem Hollow Road Newville,PA 17241 rn ` Defendants No. 09-577 ORDER AND NOW, this Y' day of /' A7 , 2013, upon consideration of the Petition of JPMORGAN CHASE BANK,NATIONAL ASSOCIATION to Reassess Damages and Motion to Make Rule Absolute, it is, ORDERED: That the Rule is hereby made absolute and the petition is granted and Plaintiffs judgment is hereby reassessed to 307,187.25, plus interest at the rate set forth in the mortgage and note and costs of this action through the date of Sheriff s Sale or until the mortgage lien is paid in full. BY THE COURT: J. D. tribution list: „AML Law Group, P.C., Suite 5000—BNY Independence Center, 701 Market Street, Philadelphia, PA. 19106-1532 RACHELLE ELAINE CASSELL, 167 Beetem Hollow Road Newville, PA 17241 ', C ARTIN LESTER CASSELL, 167 Beetem Hollow Road Newville, PA 17241 ' In the Court of Common Pleas of Cumberland County JPMORGAN CHASE BANK,NATIONAL ASSOCIATION_ 7255 Baymeadows Way Jacksonville,FL 32256 Plaintiff No.09-57'r— vs. _ - RACHELLE ELAINE CASSELL 1�' C-� MARTIN LESTER CASSELL r c') (Mortgagor(s)and Record Owner(s)) %C 167 Beetem Hollow Road 71 f Newville,PA 17241 ' Defendant(s) R PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against RACHELLE ELAINE CASSELL and MARTIN LESTER CASSELL by default for want of an Answer. Assess damages as follows: $307,187.25 Debt Interest from 2/6/2013 to Date of Sale per diem at$44.43 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record,if any,after the default occurred and at least ten days prior to the date of the filing of this praecipe.A copy of the notice is attached.R.C.P.237.1 , By: KML LAW GROUP,P.C. _Michael McKeever Pa.ID 06119 _day E.Kivitz Pa.ID 26769 _Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 _David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 _Joshua 1.Goldman Pa.205047 _Jill P.Jenkins Pa.ID 306588 Andrew F.Gomall Pa.ID 92382 Attor eys fo Plaintiff d 3 1 Z(� X S 0J VCA't0f1L I=f J 3 AND NOW 1 a V Judgment is entered in favor of JPMORGAN CHASE BANK,NATIONAL ASSOCIATION and against RAC HE E EL AE CA L and MART LESTER CASSELL by default for want of an Answer and damages assessed in the of$3 187.2 per the ab certification. Pro&nota"ry elk fz- - cDq i a SY ::.:: ;. ..::.. . ... .... .. . ........ KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 191.06-1532 215-825-6342 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 7255 Baymeadows Way Jacksonville,FL 32256 of Cumberland County Plaintiff vs. CIVIL ACTION-LAW RACTIELLE ELAINE CASSELL and ACTION OF MORTGAGE MARTIN LESTER CASSELL FORECLOSURE ` 167 Beetem Hollow Road -0. —, Newville,PA 17241 =' Defendants No. 09-577 �„rr-- - -.> �^ c—:z a c4 -t- .. ~_ ORDER AND NOW,this f Y day of MA , 2013, upon consideration of the Petition of JPMORGAN CHASE BANK,NATIONAL ASSOCIATION to Reassess Damages and Motion to Make Rule Absolute,it is, ORDERED: That the Rule is hereby made absolute and the.petition is granted and Plaintiffs judgment is hereby reassessed to 307,187.25,plus interest at the rate set forth in the mortgage and note and costs of this action through the date of Sheriff's Sale or until the mortgage lien is paid in full. BY THE COURT: J �l Distribution list: K-ML Law Group,P.C., Suite 5000—BNY Independence Center, 701 Market Street, Philadelphia,PA 19106-1532 RACHELLE ELAINE CASSELL, 167 Beetem Hollow Road Newville,PA 17241. MARTIN LESTER CASSELL, 167 Beetem Hollow Road Newville,PA 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Plaintiff VS. RACHELLE ELAINE CASSELL NO.09-577 MARTIN LESTER CASSELL Defendant(s) VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group,P.C., as the representative for the Plaintiff in the above entitled matter,does hereby state to the best of his/her information and belief,as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (bitps://www.dmde.osd.mil/Lappj/scra/scraHome.do) for the following individual(s): MARTIN LESTER CASSELL, has a last known residence of 167 Beetem. Hollow Road, New-ville, PA 17241. The following information was used to search the DMDC (check all that apply): X Last Name • First Name • Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on.active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A.4904 relating to unsworn falsification to authorities. Date By: KML LAW GROUP,f/C. Michael McKeevVPa. ID 56129 Lisa Lee Pa.ID 78020 Kristina Murtha Pa. ID 61858 , David Fein Pa. ID 82628 C= r71-1 ze� Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 r—2-- Andrew Gomall Pa. ID 92382 Joshua 1. Goldman Pa. ID 205047 Ct (= - Salvatore Filippello Pa. 11)313897 ' :• CD Jill P.Jenkins Pa. ID 306588 --q >: < Alyk L.Oflazian Pa. ID 312912 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of:Jun-05-2013 08:16:29 SCRA 3.0 ' Status Report Pursuant to Servtcemembas Civil Relief Act Last Name: CASSELL First Name: MARTIN Middle Name: LESTER Active Duty Status As Of: Jun-05-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ./`-.i1 'a``_-..'.i No, NA This response reflects Ore�mdivldual active dutystatus based o the Adive Duty Status Date Ne Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date t, Status y Service Component NA �!7..—,?'NA � y i� 1 1�:�a'�:j; NA This response reflects where me individual left adive.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 *yi This response reflects whether the mdi,4dual or)ns/her unit has received early not cation to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,-baseddon the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. �� rF Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA maybe invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as,reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: J3D588113079BB0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Plaintiff vs. RACHELLE ELAINE CASSELL NO.09-577 MARTIN LESTER CASSELL Defendant(s) VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief,as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense(https://www.dmdc.osd.mil/gppj/scra/scraHome.do) for the following individual(s): RACHELLE ELAINE CASSELL, has a last known residence of 167 Beetem Hollow Road, Newville, PA 17241.1 The following information was used to search the DMDC (check all that apply): _X_Last Name X First Name _X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information. provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date S 3 By: KML LAW GROUP,P �rn �,. ' r= Michael McKeever . ID 56129 Lisa Lee Pa.ID 78020 -< rD Kristina Murtha Pa. ID 61858 CD =-rr! David Fein Pa. ID 82628 r- Thomas Puleo Pa. ID 27615 y y , Jay Kivitz Pa. ID 26769 —' , Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 Jill P.Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of:Jun-05.201 3 06:57:03 SCRA 3.0 Stabas Report Pursuant to Servicemembers Civil Relief Act Last Name: CASSELL First Name: RACHELLE Middle Name: ELAINE Active Duty Status As Of: Jun-05-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ! •�� Sa"'`rpi. No' NA This response reeects thefndivlduaiactive 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 y, Status Service Component NA F�l+�"';'NA T'►tie�'.�:1, �, l � 3 Nom `-;it t NA This response reflects Where the IndNidual left act .status within 367 days preceding the Active Duty Status Dale The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Noffr tion Start Date Order Notification End Dale Status Service Component NA ��NA j::r, i�1S� .e�J_-:.ir' �lNo.;t!,.. NA This response reflects whether the_indirvidu_alI w W,4ber unit h received-eaHy notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Ceer;basedyon 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,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Y 1 ° 4 r Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA maybe invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: K3TA98E1Z07CYF0 'r PRAECIPE FOR WRIT OF EXECUTION- (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Attorna for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION 7255 Baymeadows Way IN THE COURT OF COMMON PLEAS Jacksonville,FL 32256 Plaintiff of Cumberland County vs. CIVIL ACTION—LAW RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL ACTION OF MORTGAGE FORECLOSURE Mortgagor(s)and Record Owner(s) 167 Beetem Hollow Road Newville,PA 17241 No. 09-577 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due _ $307,187.25 Interest from 2/6/2013 to Date of Sale per diem at$44.43 (Costs to be added) IJIV� rer By KML LAW GRC. 1 y�v 1 0 ji Michael McKee 56129 V Ja y E.Kivitz Pa.ID 26769 � ^�, �• Lisa Lee Pa. ID 78020 "' C � C7 k to Kristina Murtha Pa.ID 61858 D J David Fein Pa.ID 82628 • u Thomas Puleo Pa.ID 27615 rj 0 Joshua 1. Goldman Pa.205047 •� h Jill P.Jenkins Pa.ID 306588 Attorneys for Plaintiff ix 9 SS a�• w � � ed. 1 l� No. 09-577 IN THE COURT OF COMMON PLEAS JPMORGAN CHASE BANK,NATIONAL ASSOCIATION vs, RACHELLE ELAINE CASSELL and MARTIN LESTER CASSELL (Mortgagor(s)and Record Owner(s)) 167 Beetem Hollow Road Newville,PA 17241 PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) KML Law Group,P.C. Attorney for Plaintiff KML Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 IT BEING A PORTION OF THE PARCEL OF LAND LOCATED IN PENN TOWNSHIP, CUMBERLAND COUNTY, AND PENNSYLVANIA. BEGINNING AT A POINT IN THE CENTERLINE OF BEETEM HOLLOW ROAD, T-368, THENCE SOUTH TWENTY-THREE(23) DEGREES EIGHTEEN (18) MINUTES TEN(10) SECONDS WEST TO A POINT IN THE EASTERNLINE OF BEETEM HOLLOW ROAD, T-350, THENCE NORTH EIGHT-TWO(82)DEGREES FIFTY-TWO(52) MINUTES FIFTEEN (15) SECONDS EAST TO A POINT ALONG LANDS NOW OR FORMERLY OF DAVID L. MCGOWEN THENCE SOUTH FIVE (5) DEGREES FORTY-FIVE (45) MINUTES ZERO (0) SECONDS EAST FOUR HUNDRED NINETY-FIVE AND FORTY-SIX HUNDREDTHS (495.46)FEET SOUTH FIFTEEN (15)DEGREES FORTY-EIGHT(48) MINUTES AND FIFTY (50) SECONDS EAST ONE HUNDRED TWENTY-FOUR AND EIGHTY-THREE HUNDREDTHS (124.83) FEET TO A POINT THENCE SOUTH TWELVE (12) DEGREES FIFTY-SIX (56) MINUTES FIFTY-FIVE(55) SECONDS EAST FIVE HUNDRED THIRTY-FIVE AND FORTY-ONE HUNDREDTHS (535.41) FEET TO A POINT ALONG LANDS NOW OR FORMERLY OF GARY E. GALBRALTH THENCE NORTH EIGHTY-TWO (82) DEGREES ZERO (0)MINUTES FORTY-FIVE (45) SECONDS EAST THREE HUNDRED FORTY-EIGHT AND EIGHTY-SIX HUNDREDTHS (348.86)FEET TO A POINT LAND KNOWN AS LOT#2 OF SAID SUBDIVISION THENCE NORTH EIGHT(8) DEGREES THIRTY-FIVE(35) MINUTES ZERO (0) SECONDS WEST ONE THOUSAND SEVENTY-TWO AND ONE ONE HUNDREDTHS (1072.01) FEET TO A POINT THENCE NORTH SEVENTY-EIGHT (78) DEGREES FORTY- FIVE(45) MINUTES FIFTEEN(15) SECONDS WEST THREE HUNDRED NINETY- FOUR AND EIGHTY-SEVEN HUNDREDTHS (394.87) FEET TO A POINT THENCE SOUTH EIGHTY-TWO (82)DEGREES FIFTY-TWO (52) MINUTES FIFTEEN(15) SECONDS WEST TWO HUNDRED ELEVEN AND EIGHTY-ONE HUNDREDTHS (211.81)FEET TO THE POINT AND PLACE OF BEGINNING. BEING THE SAME PREMISES BY DEED FROM ELI M. DOBRINOFF, JR., A. SINGLE PERSON DATED 02/08/2000 AND RECORDED 02/11/2000 IN BOOK 216 PAGE 143 GRANTED AND CONVEYED UNTO MARTIN L. CASSELL AND RACHELLE E. CASSELL, HUSBAND AND WIFE. BEING KNOWN AS 167 BEETEM HOLLOW ROAD,NEWVILLE PA 17241 TAX PARCEL NO: 31-13-0114-103 KML Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street Fi L E 0-0 F F I CE H "JF T IE 0TfotJor Philadelphia,PA 19106-1532 1 4 At 215-627-1322 Attorney for Plaintiff JUH 17 AM 0: 33 1 JPMORGAN CHASE BANK,NATIONAL GUMBER! A NO U-UF1 ful 1,1-T'Y PEN14S ASSOCIATION IN THE COURWf �MMON PLEAS 7255 Baymeadows Way Jacksonville,FL 32256 of Cumberland County Plaintiff VS. CIVIL ACTION-LAW RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL (Mortgagor(s)and Record Owner(s)) ACTION OF MORTGAGE FORECLOSURE 167 Beetem Hollow Road Newville,PA 17241 Defendant(s) No. 09-577 AFFIDAVIT PURSUANT TO RULE 3129 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,Plaintiff in the above action,by counsel,KML Law Group,P.C.,sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 167 Beetem.Hollow Road Newville,PA 17241 I.Name and address of Owner(s)or Reputed Owner(s): RACHELLE ELAINE CASSELL 167 Beetem Hollow Road Newville,PA 17241 MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville,PA 17241 2.Name and address of Defendant(s)in the judgment: RACHELLE ELAINE CASSELL 167 Beetem.Hollow Road Newville,PA 17241 MARTIN LESTER CASSELL 167 Beetem Hollow Road Newville,PA 17241 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O.Box 2675 Harrisburg,PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle,PA 17013 4.Name and address of the last recorded holder of every mortgage of record: CITIFINANCIAL,INC. I Valley Street,Suite 103 Carlisle,PA 17013 CITIFINANCIAL MORTGAGE CO.,INC.AKA ASSOCIATES FINANCIAL 250 East Carpenter Freeway Irving,TX 75062 5.Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 167 Beetem Hollow Road Newville,PA 17241 1 verify that the statements made in this affidavit are true and correct to the best of my information and belief.I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: /(3 . By: 7PAXAA k~ KML LAW GRO C. Michael McKeever . ID 56]29 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua I. Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Attorneys for Plaintiff 54 vo fore, 51*1 �0 P0. . �� t 3 917 P� 3 09-577 KML-Law Group,P.C. J"',V i Suite 5000-BNY Independence Center ill , ':r 701 Market Street Philadelphia,PA 19106 AN 17 A N 11. 32 (215)627-1322 CUMBERLA� Attorney for Plaintiff COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 7255 Baymeadows Way Jacksonville,FL 32256 of Cumberland County Plaintiff CIVIL ACTION-LAW VS. RACHELLE ELAINE CASSELL ACTION OF MORTGAGE MARTIN LESTER CASSELL FORECLOSURE Mortgagor(s) and Record Owner(s) 167 Beetem Hollow Road Newville,PA 17241 Docket No. 09-577 Defendant(s] THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CASSELL,RACHELLE ELAINE RACHELLE ELAINE CASSELL 167-Beetem Hollow Road Newville,PA 17241 Your house at 167 Beetem Hollow Road,Newville,PA 17241 is scheduled to be sold at Sheriff s Sale on Wednesday,December 04,2013,at 10:00 AM,in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$307,187.25 obtained by JPMORGAN CHASE BANK,NATIONAL ASSOCIATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I The sale will be cancelled if you pay to JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,the back payments,late charges,costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 09-577 3. You may also be able to stop the sale through other legal proceedings. 4. 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 below 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 NOT 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 price by calling the Sheriff of Cumberland County at 717-240-6390. 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 the Sheriff of Cumberland County at 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer.At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house.A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty(30)days from the date of the Sheriffs Sale.This schedule will state who will be receiving that money.The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: bqp://www.philadelphiafed.oria/foreclosure 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 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 09-577 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client)has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUDS website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.orp—/consumers/homeowners/real.aspx. 5). Call the Plaintiff(your lender) at 866-926-8937 and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentiongkmllawgroLip.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 763 1 OFC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. YJ\dL Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street T Philadelphia,PA 19106-15322 215-627-1,322 Attorney for Plaintiff PQ1 AND COUNT JPMORGAN CHASE BANK;NATIONAL ASSOCIATION 7255 Baymeadows Way Jacksonville,FL 32256 IN THE COURT OF Plaintiff COMMON PLEAS vs. of Cumberland County RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL CIVIL ACTION-LAW Mortgagor(s)and Record Owner(s) 167 Beetem.Hollow Road ACTION OF Newville,PA 17241 MORTGAGE FORECLOSURE Defendant(s) NO. 09-577 CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff,by counsel,hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. By: KML LAW GROUF/P.C. Michael McKeever R. ID 56129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua 1.Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Attorneys for Plaintiff a. 3/Sr i K Sal Vt,.,f Me, P r; WRIT OF EXECUTION and/or ATTACHMENT - COMMONWEALTH OF PENNSYLVANIA) NO. 09-577 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, Plaintiff(s) From RACHELLE ELAINE CASSELL,MARTIN LESTER CASSELL (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 garnisbee(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: $307,187.25 L.L.: Interest FROM 2/6/2013 TO DATE OF SALE PER DIEM AT$44.43 Atty's Comm: Due Prothy: $2.25 Atty Paid: $2,163.52 Other Costs: Plaintiff Paid: Date: 6/17/13 David A B ell,Prot onot y,, Deputy .REQUESTING PARTY: Name:SALVATORE FILIPPELLO,ESQUIRE Address: KML LAW GROUP,P.C. SUITE 5000-BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA,PA 19106 Attorney for:PLAINTIFF Telephone:215-627-1322 Supreme Court ID No. 313897 KML LAW GROUP,P.C. 76310FC Suite 5000 CF: 02/04/2009 BNY Mellon Independence Center i .;,,._ �) t'I(_ SD: 12/04/2013 701 Market Street 01 TIE- PROTHaNOTA s. $307,187.25 Philadelphia,PA 19106-1532 215-627-1322 LCI 3 NOV 15 AM 10: f I Attorne for Plaintiff _ s JPMORGAN CHASE BANK,NATIONAL s , MA I`;' THE COURT OF COMMON PLEAS ASSOCIATION 7255 Baymeadows Way of Cumberland County Jacksonville,FL 32256 Plaintiff CIVIL ACTION—LAW vs. ACTION OF MORTGAGE FORECLOSURE RACHELLE ELAINE CASSELL MARTIN LESTER CASSELL Term Mortgagor(s)and No. 09-577 Record Owner(s) 167 Beetem Hollow Road Newville, PA 17241 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P.3129.2 (c)(2) Veronica Cosme, an employee of KML Law Group,P.C., counsel of Plaintiff,hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: (X) Personal Service by the Sheriffs Office/competent adult(copy of return attached). ( ) Certified mail by KML Law Group,P.C. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by KML Law Group,P.C.to Attorney for Defendant(s)of record(proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s)(proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s)of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult(copy of return attached). ( ) Certified Mail&ordinary mail by Sheriffs Office(copy of return attached). ( ) Certified Mail&ordinary mail by KML Law Group,P.C. (original receipt(s)for Certified Mail attached). ( ) Published in accordance with court order(copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders(if any)has been made by ordinary mail KML Law Group,P.C.(copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 Pa. C.S.A. Section 4904. Respectfully submitted, Y: Veronica Cosme Legal Assistant • ■1111111' 0.1 I I I..1011 III 1.I I I.10 7 kt 000• 0 . 0 e S \\/) , ., • 4 w. ,,, 0 4 tY.C) 0 4. tt I .. .. ,......1 , .7 ...- r** ,t. 1: .tP tt,'I '' ''t''''t 4..''''1 ..,:1,■4:',/ i 1. CI. 0 4 ;Z. •*'°•44" if •"‘ t-ti 0 I *.••**' Cn • " '..4W II :4'rItS"Ce.V 4•4,-'4. I' 0 A, l'7,4*` 0101111111 • .. ,-. ta a) CI 0°1111111.1WWW a- c ' co ' o 3 V- - .-- 15 D- o - d) % ci,'0- I 6 43) co a) -iii To" -0-1) ""•,,CD cp. . 0.0 '0' o c,-. -- , .cK. 4 o•<-- co 0 c -- ■ ,.e ...!,_,c- ta_o ' ,-•0 0 ill se. Lt1 co - %- Z. 3 e•--r,ti'b z a)-,-0 0) 0.- 1-''... co C7, --- '"' c't r- c, 0,-- li T• a. .0 o) o 0 1-5 ,as 0 * " , C T' -6•V4 4' c■I 04 ••:.. 0 0 .) co Oil.i, 10 -C-N.,:;:, i'Cres. ■ O Zi ■-• 06 3. ,;5 e .,, ..- ,.. 0 0 6 0, o 0 cc; u- 0 rkfl).1 V> cs 15,e 1) I :3 Li 0 a- .0 -.) (f) . ..- Z 000--' 0 to Eil , zo 0 0 (() 1 C)-- -e.-0 tx- 21.-65 ... i--- <-- 0 . (J) I—cc (:) Q. 5 0 0 ._ 4 0 , ,- III•t) 0 0 Z. 4""C. It •••' r..."7 r". 1 0 0- 6 e8 -8 -1, O b .,.• o .-2, O 8 1 v-_,6 70"gi 6 1=4. . •ai .9-0 0 0 13-1 -0 v 0,..., , u- )4. '5' ., • 15)* c).-- -6 o es cr) c o •.z. 0- 2. a- .n .. a 1 to ta ,-a- ,... .. 0-6 A .. 03 eti *-. • C• 0 0 • 0 0,.., tai 4. -6 3 o 0"•' 0 ea-cis 0.Za 0 0 '' .0 6+ e-0 c4 52 z 0 a.03 1-6 B 01 In o •••••• -■ -4,-. 0 VIP it- til % r- r- ...-1 0 CO 0 Vil - -a e o ii u. co ce. 6 -3 v-• c 13.1 4 e 0:3 0 0 0 0 tri m 1------ cei ea ...-.---,---- cr) (6-7'‘) r•-• • tai■ p. • IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION;et CASE and/or DOCKET No.:09-577 seq. Plaintiff(Petitioner) Sheriffs Sale Date: 12/4/2013 V. RACHELLE ELAINE CASSELL; et al. Defendant(Respondent) AFFIDAVIT OF SERVICE ❑Complaint Q Summons [�Other: NOTICE OF SALE I,RYAN MARKS,certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party,and that t served RACHELLE ELAINE CASSELL the above process on the 5 day of September,2013,at 4:05 o'clock,PM,at 55 Brian Dr Carlisle,PA 17015 4326, County of Cumberland,Commonwealth of Pennsylvania: Manner of Service: [.�j By handing a copy to the Defendant(s) Description:Approximate Age 41-45 Height 5'4 Weight 200 Racc WHITE Sex FEMALE (lair BROWN Military Status: RI No ❑Yes Branch: Commonwealth/State off )SS: County of 0s,pe J^ 7 ) Before me,the undersigned notary p his day,personally,appeared i14we i to me known,who being co duly sworn according to law dep /.t•. w .i �following: i I hereby swear or affirm a( : ,c set forth in the foregoing Affidavit of Service are true and correct. Subscribed and sworn to before me (• gnature ofAffiant) this Cr day of f— , File Number:7631 1 C Case ID 1#:3749119 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal EKc M.Affierbaeh,Notary Public Washington Twp.,gem County MY Commission Expires Nov.18,2013 .,....ii .•i '. :. ar-: f , `� IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION;et CASE and/or DOCKET No.:09-577 seq. Sheriff's Sale Date:12/4/2013 Plaintiff(Petitioner) V. RACHELLE ELAINE CASSELL; et al. Defendant(Respondent) AFFIDAVIT OF SERVICE 0 Complaint 0 Summons Ea Other:NOTICE OF SALE [,RYAN MARKS,certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party,and that I served MARTIN 1.1 S'1'ER CASSELL the above process on the 5 day of September,2013,at 4:05 o'clock,PM,at 55 Brian Dr Carlisle,PA 17015 4326, County of Cumberland,Commonwealth of Pennsylvania: Manner of Service: By handing a copy at the residence of the Defendant(s)to an adult member of the family with whom he/she resides or to the adult person in charge • �— of the residence because no adult family member was found* � --1 By handing a copy at the residence of the Defendant(s)to the clerk or manager of the hotel,inn,apartment house or other place of lodging at which he/she resides 0 By handing a copy at the office or usual place of business of the Defendant(s)to the Defendant's(s)agent or to the person for the time being in charge thereof* *Name:RACHELLE CASSELL Relationship/Title/Position:Spouse Remarks: Description:Approximate Age 41-45 Height 5'4 Weight 200 Race WI Ifl'E Sex FEMALE Hair BROWN Military Status: 0 No El Yes Branch: Commonwealth/State of P4 ) )SS: County ofe✓7c J ) 7 . Before me,the undersigned notary p II' , i day,personally,appeared - J�y,� 4Nn✓+»f __ _to me known,who being duly sworn according to law dep e- : 'o lowing: I hereby swear or affirm ti••t"th) ,: t forth in the foregoing Affidavit of Service are true and correct. / Subscribed and sworn to before me ( .gnature of Affiant) this 4 day of , . File Numher:7631 1FC �_ Case ID il:3749119 COMMONWEALTH OF PENNSYLVANIA Notary Public Notarial Seal Eric M.Aff9erbach,Notary Public Washington Twp.,Bertcs County My Commission Expires Nov.18,2013 KML LAW GROUP,P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street Philadelphia,PA 19106 215-825-6320 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL IN THE COURT OF COMMON PLEAS ASSOCIATION 7255 Baymeadows Way of Cumberland County Jacksonville,FL 32256 Plaintiff CIVIL ACTION-LAW vs. RACHELLE ELAINE CASSELL ACTION OF MORTGAGE FORECLOSURE MARTIN LESTER CASSELL Mortgagor(s)and Record Owner(s) Term No. 09-577 167 Beetem Hollow Road Newville,PA 17241 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,Plaintiff in the above action,by and through an authorized employee of its attorneys,KML Law Group,P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 167 Beetem Hollow Road Newville,PA 17241 1.Name and address of Owner(s)or Reputed Owner(s): RACHELLE ELAINE CASSELL 11204 Slaughter Creek Dr. Austin,TX 78748 MARTIN LESTER CASSELL 11204 Slaughter Creek Dr. Austin,TX 78748 2.Name and address of Defendant(s)in the judgment: RACHELLE ELAINE CASSELL 11204 Slaughter Creek Dr. Austin,TX 78748 MARTIN LESTER CASSELL 11204 Slaughter Creek Dr. Austin,TX 78748 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg,PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle,PA 17013 4.Name and address of the last recorded holder of every mortgage of record: CITIFINANCIAL, INC. 1 Valley Street, Suite 103 Carlisle,PA 17013 CITIFINANCIAL MORTGAGE CO., INC. AKA ASSOCIATES FINANCIAL 250 East Carpenter Freeway Irving, TX 75062 5.Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 167 Beetem Hollow Road Newville,PA 17241 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. Section 4904 relating to unsworn falsification to authorities. DATED: November 12, 2013 L Law Group, P.C. BY: Veronica Cosme Legal Assistant SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , -, Sheriff }r: P + i # qr fl'� l`,3i tr#l,er-47� _ i 1 lrtl Jody S Smith Chief Deputy �, ((� . Richard W Stewart L',, Solicitor .FCE }�t Are .) ( J ,"r '� ,4SYLVANJA ' JP Morgan Chase Bank, NA vs. Case Number Rachelle Elaine Cassell (et al.) 2009-577 SHERIFF'S RETURN OF SERVICE 09/20/2013 09:17 PM - Deputy Ryan Burgett, 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 167 Beetem Hollow Road, Penn Township, Newville, PA 17241, Cumberland County. 12/04/2013 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, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Michael McKeever, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,146.74 SO ANSWERS, January 23, 2014 RONR ANDERSON, SHERIFF Co. 1( 94769 btA 3.010 £Shc.-ft l ms.' 1-,,. On August 6, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA, Known and numbered as, 167 Beetem Hollow Road, Newville, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 6, 2013 By: CA-L_k_AA gu2,_jq-kt, Real Estate Coordinator • LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2009-577 Civil Term hundredths(211.81)feet to the point and place of BEGINNING. JP MORGAN CHASE BANK,N.A. BEING the same premises by deed from Eli M. Dobrinoff, Jr., a vs. single person dated 02/08/2000 RACHELLE ELAINE CASSELL, and recorded 02/11/2000 in Book Martin Lester Cassell 216 Page 143 granted and conveyed Atty.:Michael McKeever unto Martin L. Cassell and Rachelle IT BEING a portion of the parcel E. Cassell,husband and wife. of land located in Penn Township, BEING KNOWN AS 167 Beetem Cumberland County, and Pennsyl- Hollow Road,Newville PA 17241. vania. Beginning at a point in the TAX PARCEL NO: 31-13-0114- centerline of Beetem Hollow Road, 103. T-368, thence South twenty-three (23) degrees eighteen (18) minutes ten (10) seconds West to a point in the easternline of Beetem Hollow Road,T-350,thence North eight-two (82) degrees fifty-two (52) minutes fifteen (15) seconds East to a point along lands now or formerly of Da- vid L. McGowen thence South five (5) degrees forty-five (45) minutes zero (0) seconds East four hundred ninety-five and forty-six hundredths (495.46) feet South fifteen (15) de- grees forty-eight (48) minutes and fifty (50) seconds East one hun- dred twenty-four and eighty-three hundredths (124.83) feet to a point thence South twelve (12) degrees fifty-six (56) minutes fifty-five (55) seconds East five hundred thirty-five and forty-one hundredths (535.41) feet to a point along lands now or formerly of Gary E.Galbraith thence North eighty-two (82) degrees zero (0) minutes forty-five (45) seconds East three hundred forty-eight and eighty-six hundredths (348.86) feet to a point land known as Lot #2 of said subdivision thence North eight (8) degrees thirty-five (35) minutes zero(0) seconds West one thousand seventy-two and one one hundredths (1072.01) feet to a point thence North seventy-eight (78) degrees forty-five (45) minutes fifteen (15) seconds West three hundred ninety- four and eighty-seven hundredths (394.87)feet to a point thence South eighty-two(82)degrees fifty-two(52) minutes fifteen (15) seconds West two hundred eleven and eighty-one 31 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. \ lt ' C) Lis Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 / / i ,...'........4.‘_,,La /Notary NOTARIAL SEAL DEBOriAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-NevWS co.2G2^u Tcy Pkwy e patriot-Xews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2000-571Civitiorm This ad ran on the date(s)shown below: lK, 10/13/13 vs. �• r r tACHELLE ELAINE CA$St"s 10/20/13 r AMa M Lester_Cassyll C— // / 10/27/13 tty: Ichasl McKeever J IT BEING A PORTION OF THE I/ / / '' PARCEL OF LAND LOCATED IN PENN l/ TOWNSHIP,CUMBERLAND COUNTY, AND PENNSYLVANIA. BEGINNING AT-A POINT IN THE CENTERLINE ' OF BEETEM HOLLOW ROAD, T-368, Sworn to -nd subscribed before - th. 11 day of November, 2013 A.D. THENCE SOUTH TWENTY-THREE 1 (23) DEGREES EIGHTEEN (18) I `1 MINUTES TEN (10) SECONDS WEST � } u . . - A I ` TO A POINT.IN THE EASTERNLINE rY No a ublic OF BEETEM HOLLOW ROAD, T-350, THENCE NORTH EIGHT-TWO (82) DEGREES FIFTY-TWO (52) MINUTES FIFTEEN (15) SECONDS EAST TO A POINT ALONG LANDS NOW OR FORMERLY OF DAVID L.MCGOWEN ,COMMON°"4EF,I.9 H OF PENNSYLVANIA THENCE SOUTH FIVE (51 DEGREES �rf 'r e:3i FORTY-FIVE(45)-MIN=ZERO(0) all ,EEr 'r� ,N,,,ary Public SECONDS EAST FOUR HUNDRED YP sko i4� gip, saphlnCc�nty NINETY-FIVE AND FOU'rv_cry ___ E r Lomnssian Expires Dec.12,2016 MEMBER.REi`iN.-v vANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 17th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 577, at the suit of JPMorgan Chase Bank, N A against Rachelle Elaine Cassell and Martin Lester Cassell is duly recorded as Instrument Number 201403348. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ILL day of f~ , A.D. dCN Ktil/19-CA ° �.c�Jei� i 7'1r 1.. pu/t Recorder of Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018