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Home My WebLink About09-0781 GOLDBECK McCAFFERTV & 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, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. DALE A. FLOR JR. CHRISTINA D. KASSL Mortgagors and Record Owners 2432 Lobach Drive Mechanicsburg, PA 17050 Defendants Term No. 6 -7 CIVIL ACTION: MORTGAGE F710ASCLOSUIRE 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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: 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.orWconsumers/homeowners/real.aVx. 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: http://www. hip 'ladelphiafed.org/foreclosure/ 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 homeretentionggoldbecklaw.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 78057FC. 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., N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA, 7255 Baymeadows Way, Jacksonville, FL 32256. 2. The names and addresses of the Defendants are DALE A. FLOR JR., 2432 Lobach Drive, Mechanicsburg, PA 17050 and CHRISTINA D. KASSL, 2432 Lobach Drive, Mechanicsburg, PA 17050, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On June 27, 2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to THE WASHINGTON SAVINGS BANK FSB, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1820, Page 1060. The mortgage has been assigned to: JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA by assignment of Mortgage October 01, 2004 as Book 711, Page 4749. 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 April 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 .................................................................................. $205,100.07 Interest from 03/01/2008 through 01/31/2009 at 5.5000% .................... $10,416.67 Per Diem interest rate at $30.91 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph .................$10,255.00 Late Charges from 04/01/2008 to 01/31/2009 .............................................$630.79 Monthly late charge amount at $63.08 Costs of suit and Title Search ...................................................................... $900.00 Pro Rata MIP/PMI .......................................................................................$722.15 Taxes ......................................................................................................... $3,113.72 Fees ................................................................................................................ $37.55 Suspense ................................................................................................. ($1,756.50) Monthly Escrow amount $764.27 $229,419.45 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 personam"judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, 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 terns judgment in mortgage foreclosure in the sum of $229,419.45, together with interest at the rate of $30.91, 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 GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF ExhibitA First American Title Insurance Company Commitment Number: 03349 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN lot in the property known, named, and identified in the Declaration referenced below, as "Ashcombe Farms P.R.D.., a Residential Planned Community," located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. 5101, et seq., as amended by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community ("Declaration"), dated April 13, 1998, and in Miscellaneous Book 573, Page 407 as amended by First Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, ("First Amendment"), dated March 13, 1999, recorded March 19, 1999, in Miscellaneous Book 607, Page 440, by Second Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated September 29, 1999, recorded October 13, 1999, in Miscellaneous Book 627, Page 652, and as further amended by Third Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ('Third Amendment") dated December 2, 2000, recorded February 26, 2001, in Miscellaneous Book 667, Page 650, and further amended by Fourth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Fourth Amendment") dated July 23, 2001, recorded October 9, 2001, in Miscellaneous Book 681, Page 2801 being and designated in such Declaration, as amended as Lot No.38 (Identifying Number), described in paragraph 6 of the Fourth Amendment and shown (and described) in Exhibit C-1 of the Fourth Amendment. LOT NO. 38 contains 11,366.01 square feet, more or less. BEING LOT NO. 38, Ashcombe Farms P.R.D. Final-Phase 4 Plat and Plan, dated February 28, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 84, Page 10. BEING the same premises which Country Square Partnership, a Pennsylvania General Partnership, by Deed dated August 15, 2002 and recorded October 17, 2002 in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Deed Book 254, Page 447, granted and conveyed unto Sewalt, Inc., a Pennsylvania corporation, Grantor herein. UNDER AND SUBJECT to restrictions and covenants of record, including, but not limited to, Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated April 6, 1998, recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 573, page 407, First Amendment to Declaration of Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated March 13, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 607, page 440, Second Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Community, dated September 29, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 627, page 652, and Third Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated December 2, 2000 and recorded February 26, 2001 in Miscellaneous Book 667, page 650 and under and subject to easements and right of way of record and visible by inspection. I Certify this to be recorded In Cumberland County PA '? ALTA Commitment (0334910334915) Schedule c Recorder of Deeds 8K1820K{874 Ex,,hibit (B Washington Mutual PO Box 44118 Jacksonville, FL 32231-4118 December 19, 2008 #BWNCLNN# #0906139162936190# DALE A FLOR JR 2432 LOBACH DR MECHANICSBURG PA 17050 000810 /PC 0613162361 M Washington Mutual HOME LOANS NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0613162361 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 EMERGENCY 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 servingyour 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 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, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATEMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE 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. C0826 HOMEOWNER'S NAME(S): Dale A. Flor Jr. PROPERTY ADDRESS: 2432 Lobach Dr. Mechanicsburg PA 17050 LOAN ACCT. NUMBER: 0613162361 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH AN AVE 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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. 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 stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-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 THEE TIME PERIOD 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.) 000810icoe26 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: 2432 Lobach Dr. Mechanicsburg PA 17050 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: 04/01/2008 $2025.90 05/01/2008 $2025.90 06/01/2008 $2025.90 07/01/2008 $2025.90 08/01/2008 $2025.90 09/01/2008 $2025.90 10/01/2008 $2025.90 11/01/2008 $2025.90 12/01/2008 $1918.90 Other charges (explain/itemize) Uncollected Late Charges $382.82 Uncollected Fees: $26.70 Less Credits $1756.50 TOTAL AMOUNT PAST DUE: $16779.12 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if 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 $16779.12, 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 money order made kayable 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 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 mortgage debt 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 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 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 period You will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. C0826 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 up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due plus any late or oth( charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curin your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulter EARLIEST POSSIBLE SHERIFF'S 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 Sheriff's 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 Home Loans, Inc. Address: Phone Number: Fax Number: Contact Person: Email Address: 7255 Baymeadows Way Jacksonville, FL 32256 866-926-8937 904-281-3914 Collection Department www.wamuhomeloans.com EFFECTS OF SHERIFF'S SALE: - You should realize that a Sheriff's 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 X 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. 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 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 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. C0826 Washington Mutual PO Box 44118 Jacksonville, FL 32231-4118 December 19, 2008 CHRISTINA D KASSL 2432 LOBACH DR MECHANICSBURG PA 17050 000812 /PC 0613162361 ® Washington Mutual HOME LOANS NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0613162361 111111111111111111111 ,.oo 4047 5100 6371 8714 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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_ EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP may be able to help to save our 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 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, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATEMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE 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. C0826 HOMEOWNER'S NAME(S): Christina D. Kassl PROPERTY ADDRESS: 2432 Lobach Dr. Mechanicsburg PA 17050 LOAN ACCT. NUMBER: 0613162361 ORIGINAL LENDER: 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 (plus three (3) days for mailing). 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 THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE 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 stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-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 THEE TIME PERIOD 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.) 000812/CO326 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: 2432 Lobach Dr. Mechanicsburg PA 17050 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: 04/01/2008 $2025.90 05/01/2008 $2025.90 06/01/2008 $2025.90 07/01/2008 $2025.90 08/01/2008 $2025.90 09/01/2008 $2025.90 10/01/2008 $2025.90 11/01/2008 $2025.90 12/01/2008 $1918.90 Other charges (explain/itemize): Uncollected Late Charges $382.82 Uncollected Fees: $26.70 Less Credits $1756.50 TOTAL AMOUNT PAST DUE: $16779.12 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if 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 $16779.12, 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 money order made payable 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 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 mortgage debt 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 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 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 period you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. C0826 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 up to one hour before the Sheriff's Sale. You may do so by paying the total amount then east due plus any late or othi charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curin your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulte( EARLIEST POSSIBLE SHERIFF'S 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 Home Loans, Inc. Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 866-926-8937 Fax Number: 904-281-3914 Contact Person: Collection Department Email Address: www.wamuhomeloans.com EFFECTS OF SHERIFF'S SALE: - You should realize that a Sheriff's 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 X 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. 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 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 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. C0826 Ra W Y C) C V Q J? I (\.) 9 n.. a Ci ;y --T•s-s .71 SHERIFF'S RETURN - REGULAR CASE NO: 2009-00781 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK N A VS FLOR DALE A JR ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FLOR DALE A JR the DEFENDANT at 0019:10 HOURS, on the 17th day of February-, 2009 at 2432 LOBACH DRIVE MECHANICSBURG, PA 17050 CHRISTINEA D. KASSL by handing to ADULT IN CHARGE 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 18.00 Service 8.10 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 36.10 02/18/2009 GOLDBECK MCCAFFERTY & MCKEEVER Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. Cll SHERIFF'S RETURN - REGULAR CASE NO: 2009-00781 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK N A VS FLOR DALE A JR ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE KASSL CHRISTINA D DEFENDANT was served upon the , at 0019:10 HOURS, on the 17th day of February-, 2009 at 2432 LOBACH DRIVE MECHANICSBURG, PA 17050 by handing to CHRISTINA D KASSL 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 Surcharge 10.00 R. Thomas Kline .00 16.00 02/18/2009 GOLDBECK MCCAFFERTY & MCKEEVER Sworn and Subscibed to By: ????? before me this day Deputy Sheriff of , A.D. ?r 1 CD In the Court of Common Pleas of Cumberland County JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F'K/A WASHINGTON MUTUAL BANK, FA 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. DALE A. FLOR JR. CHRISTINA D. KASSEL (Mortgagor(s) and Record Owner(s)) 2432 Lobach Drive Mechanicsburg, PA 17050 Defendant(s) PRAECIPE FOR JUDGMENT No. 09-781 civil 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 DALE A. FLOR JR. and CHRISTINA D. KASSEL by default for want of an Answer. Assess damages as follows: Debt Interest from 03/24/2009 to Date of Sale per diem at $30.91 Total (Assessment of Damages attached) $232,650.56 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOKNTSA LLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM T COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered t/th a aga' t whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at leass p ' to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Michael T I.D. #A 129 Plaintiff AND NOW N=&? . .24 &009 / , Judgment is entered in favor of JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIp SSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA and against DALE A. FLOR JR. and CHRISTINA D. KASSEL by default for want of an Answer and damages assessed in the sum of $232,650.56 as per the above certification. A othonotary Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK. FA 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. DALE A. FLOR JR. CHRISTINA D. KASSEL (Mortgagors and Record Owner(s)) 2432 Lobach Drive Mechanicsburg, PA 17050 Defendant(s) No. 09-781 civil 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. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. CurtLong Protho By: Dep y ?l2YlGQ If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 78057FC 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. DATE OF THIS NOTICE: March 10, 2009 TO: DALE A. FLOR JR. 2432 Lobach Drive Mechanicsburg, PA 17050 JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA 7255 Baymeadows Way Jacksonville, FL 32256 VS. DALE A. FLOR JR. CHRISTINA D. KASSEL (Mortgagor(s) and Record Owner(s)) 2432 Lobach Drive Mechanicsburg, PA 17050 TO: DALE A. FLOR JR. 2432 Lobach Drive Mechanicsburg, PA 17050 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-781 civil IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 78057FC 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. DATE OF THIS NOTICE: March 10, 2009 TO: CHRISTINA D. KASSEL 2432 Lobach Drive Mechanicsburg, PA 17050 JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. DALE A. FLOR JR. CHRISTINA D. KASSEL (Mortgagor(s) and Record Owner(s)) 2432 Lobach Drive Mechanicsburg, PA 17050 Defendant(s) TO: CHRISTINA D. KASSEL 2432 Lobach Drive Mechanicsburg, PA 17050 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 09-781 civil IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. That the above named Defendant, DALE A. FLOR JR., is about unknown years of age, that Defendant's last known residence is 2432 Lobach Drive engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Allies, or otherwise within the provisions of the Soldiers' Congress of 1940 and its Amendments. PA 17050, and is the United States or its ' Civil Relief Action of Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, CHRISTINA D. KASSEL, is about unknown years of age, that Defendant's last known residence is 2432 Lobach Drive M anicsburg, PA 17050, and is engaged in the unknown business located at unknown addre 2. That Defendant is not in the Military or Naval Servi o the United States or its Allies, or otherwise within the provisions of the Soldiers' an ors' Civil Relief Action of Congress of 1940 and its Amendments. Date: GOLDBECK McCAFFERTY & McKEEVER 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, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA 7255 Baymeadows Way Jacksonville, FL 32256 vs. DALE A. FLOR JR. CHRISTINA D. KASSEL (Mortgagor(s) and Record owner(s)) 2432 Lobach Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff No. 09-781 civil Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of JPMORGAN CHASE BANK, N.A., AS ACQUIRER RTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERA OSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTU AN A, and against DALE A. FLOR JR. and CHRISTINA D. KASSEL for failure to file an Answer ' t abo ction within (20) days (or sixty (6Q) days if defendant is the United States of America) from t e ate of rvice of the Complaint, in the sum of $232,650.56. Michael T. McKe er Attorney for Pl ' tiff I hereby certify that the above names are correct and that th recise residence address of the ' gment creditor is JPMORGAN CHASE BANK, N.A., AS ACQUIRER CERTAIN ASSETS AND L LITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL Y POSIT INSURANCE CORPO ION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA 7255 Baymeadow ay Jacksonville, FL 32256 and that the name(s) and last known address(es) of the Defendant(s) is/are DAL FLOR JR., 2432 Lobach Drive Mechanicsburg, PA 17050 and CHRISTINA D. KASSEL, 2432 Lobach ve?PO,Pechanicsburg, PA 17050; ? GOLDBECK NkItAFFERTY BY: Michas . McKeever Attorney or Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 03/01/2008 through 03/23/2009 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 2 X $764.27 $205,100.07 $11,993.08 $10,255.00 $756.95 $900.00 $1,528.54 Pro Rata MIP/PMI Taxes Fees Suspense $722.15 $3,113.72 $37.55 ($1,756.50) $232,650.56 AND NOW, this aZ q4.k day of GOLDBECK M AF TYEEVER BY: Michael eever Attorney Plaintiff 2009 damages are assessed as above. ro Prothy w w ?r r? r -a ca 0:1 F 44 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 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, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff VS. DALE A. FLOR JR. CHRISTINA D. KASSEL Mortgagor(s) and Record Owner(s) 2432 Lobach Drive Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-781 civil PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 03/24/2009 to Date of Sale per diem at $30.91 (Costs to be added) $232,650.56 Q O ? H t/1 w?o?w v? ? rxn W ?, '? d 'a d Ca 'Z i aow`?a Z ? dcn20`n W U W? w 3 d d v C„ ti ? : Cr 4.rJ i„ . r L? C N H u U o W ? L c3?Q 7O W u ? d "? '" d ,?, x O Q p., 0 sue. H O Q ? ? X ` A d O ,D 01 `9 i7 (?+ ? " td r? U 6 ?i y F-+ W O 0 in 0 L!, i 7 ? 67 U ,, O 5 a v N 1 V - 'b Vt O ? J"1 z 3 V 1-3 00 Q N ? rn V ALL THAT CERTAIN lot in the property known, named, and identified in the Declaration referenced below, as "Ashcombe Farms P.R. D.., a Residential Planned Community," located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.A. 5101, et seq., as amended by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community ("Declaration"), dated April 13, 1998, and in Miscellaneous Book 573, Page 407, as amended by First Amendment to Declaration for Ashcombe Farms P.R. D., a Flexible Residential Planned Community, ("First Amendment"), dated March 13, 1999, recorded March 19, 1999, in Miscellaneous Book 607, Page 440, by Second Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated September 29, 1999, recorded October 13, 1999, in Miscellaneous Book 627, Page 652, and as further amended by Third Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Third Amendment") dated December 2, 2000, recorded February 26, 2001, in Miscellaneous Book 667, Page 650, and further amended by Fourth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Fourth Amendment") dated July 23, 2001, recorded October 9, 2001, in Miscellaneous Book 681, Page 2801 being and designated in such Declaration, as amended, as Lot No. 38 (Identifying Number), described in paragraph 6 of the Fourth Amendment and shown (and described) in Exhibit C-1 of the Fourth Amendment. LOT NO. 38 contains 11,366.01 square feet, more or less. UNDER AND SUBJECT to restrictions and covenants of record, including, but not limited, to, Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated April 6, 1998, recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 573, page 407, First Amendment to Declaration of Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated March 13, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 607, page 440, Second Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Community, dated September 29, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 627, page 652, and Third Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated December 2, 2000 and recorded February 26, 2001 in Miscellaneous Book 667, page 650 and under and subject to easements and right of way of record and visible by inspection. TAX PARCEL NO: 42-30-2106-118 BEING KNOWN AS 2432 LOBACH DRIVE, MECHANICSBURG PA 17050 Goldbeck McCafferty & McKeever 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, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. DALE A. FLOR JR. CHRISTINA D. KASSEL (Mortgagor(s) and Record Owner(s)) 2432 Lobach Drive Mechanicsburg, PA 17050 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 09-781 civil JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA, 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: 2432 Lobach Drive Mechanicsburg, PA 17050 I.Name and address of Owner(s) or Reputed Owner(s): DALE A. FLOR JR. 2432 Lobach Drive Mechanicsburg, PA 17050 CHRISTINA D. KASSEL 2432 Lobach Drive Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: DALE A. FLOR JR. 2432 Lobach Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CHRISTINA D. KASSEL 2432 Lobach Drive Mechanicsburg, PA 17050 ?f 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 UPPER ALLEN TOWNSHIP 1000 Gettysburg Pike Mechanicsburg, PA 17055 CAPITAL ONE BANK C/O Gregg Morris, Esq. 213 East Main Street Carnegie, PA 15106 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: HOUSEHOLD REALTY CORP. P.O. Box 8604 Elmhurst, IL 60126 HOUSEHOLD REALTY CORP. P.O. Box 9068 Brandon, FL 33509 HOUSEHOLD REALTY CORPORATION 25 Gateway Drive, Gateway Square Suite 107 Mechanicsburg, PA 17055 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 2432 Lobach Drive Mechanicsburg, PA 17050 (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 k wledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section ),14 4 relating to unsworn falsification to authorities. DATED: March 23, 2009 GOLDBECK McCA ERTY & McKEEVER BY: Michael T. M Bever, Esq. Attorney for Pla/ tiff .: n ? c7 -t? Fn -Tj `0 co 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 JPMORGAN CHASE BANK, N.A., AS ACQUIRI OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA 7255 Baymeadows Way Jacksonville, FL 32256 09-781 civil IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. DALE A. FLOR JR. CHRISTINA D. KASSEL Mortgagor(s) and Record Owner(s) Term No. 09-781 civil 2432 Lobach Drive Mechanicsburg, PA 17050 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: FLOUR., DALE A. DALE A. FLOR JR. 2432 Lobach Drive Mechanicsburg, PA 17050 Your house at 2432 Lobach Drive, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $232,650.56 obtained by JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F(K/A WASHINGTON MUTUAL BANK, FA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 09-781 civil To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA, 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. I . 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 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 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://wwwphiladelphiafed.or /fg oreclosure/ 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 09-781 civil LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 ? 11 09-781 civil 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.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 homeretentiongyoldbecklaw.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 78057FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. C? v r° ,.? ..? , ?? , ? , ?? ? ?-, ?', ? -? ? r-T t .J ? 09-781 civil 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 JPMORGAN CHASE BANK, N.A., AS ACQUIRE OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. DALE A. FLOR JR. CHRISTINA D. KASSEL Mortgagor(s) and Record Owner(s) 2432 Lobach Drive Mechanicsburg, PA 17050 Defendant(s IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-781 civil 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: KASSEL, CHRISTINA D. CHRISTINA D. KASSEL 2432 Lobach Drive Mechanicsburg, PA 17050 Your house at 2432 Lobach Drive, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, September 02, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $232,650.56 obtained by JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE N 09-781 civil To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA, 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. 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 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 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, its you act immediately after the sale. You may contact the Foreclosure Resource Center: http•//www philadelpbiafed.or?4/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 09-781 civil LEGAL SERVICES INC 8 Irvine Row Carlisle. PA 17013 717-243-9400 0 09-781 civil 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 1-866-413-2311 or via email at homeretentionggoldbecklaw.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 78057FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. rv -? ?' srz » - N r c? r???. ,gym to ? ALL THAT CERTAIN lot in the property known, named, and identified in the Declaration referenced below, as "Ashcombe Farms P.R. D.., a Residential Planned Community," located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.A. 5101, et seq., as amended by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community ("Declaration"), dated April 13, 1998, and in Miscellaneous Book 573, Page 407, as amended by First Amendment to Declaration for Ashcombe Farms P.R. D., a Flexible Residential Planned Community, ("First Amendment'), dated March 13, 1999, recorded March 19, 1999, in Miscellaneous Book 607, Page 440, by Second Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated September 29, 1999, recorded October 13, 1999, in Miscellaneous Book 627, Page 652, and as further amended by Third Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Third Amendment') dated December 2, 2000, recorded February 26, 2001, in Miscellaneous Book 667, Page 650, and further amended by Fourth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Fourth Amendment') dated July 23, 2001, recorded October 9, 2001, in Miscellaneous Book 681, Page 2801 being and designated in such Declaration, as amended, as Lot No. 38 (Identifying Number), described in paragraph 6 of the Fourth Amendment and shown (and described) in Exhibit C-1 of the Fourth Amendment. LOT NO. 38 contains 11,366.01 square feet, more or less. UNDER AND SUBJECT to restrictions and covenants of record, including, but not limited, to, Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated April 6, 1998, recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 573, page 407, First Amendment to Declaration of Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated March 13, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 607, page 440, Second Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Community, dated September 29, 1999 recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 627, page 652, and Third Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated December 2, 2000 and recorded February 26, 2001 in Miscellaneous Book 667, page 650 and under and subject to easements and right of way of record and visible by inspection. TAX PARCEL NO: 42-30-2106-118 BEING KNOWN AS 2432 LOBACH DRIVE, MECHANICSBURG PA 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-781 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, N. A., as acquirer of certain assets and liabilities of WASHINGTON MUTUAL BANK from THE FEDERAL DEPOSIT INSURANCE CORPORATION acting as receiver f/k/a WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From DALE A. FLOR, JR. and CHRISTINA D. KASSEL (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 $232,650.56 L.L. $.50 Interest from 3/24/09 to Date of Sale per diem at $30.91 Atty's Comm % Due Prothy $2.00 Atty Paid $171.10 Other Costs to be added Plaintiff Paid Date: 3/24/09 urtis R. 4g, VProdionota (Seal) By: REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 56129 KML LAW GROUP, P.C. Suite 5000 - BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 1 +6 1_ E$ RO MONO TAR y 1011 JUL 18 AM 10: 19 JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff VS. DALE A. FLOR JR. CHRISTINA D. KASSEL (Mortgagor(s) and Record owner(s)) 2432 Lobach Drive Mechanicsburg, PA 17050 Defendant(s) L IN THE COURT OF COMMON OF CUMBERLAND COUNTY No. 09-781 civil PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without prejudice upon payment your costs only. KML LAW GROUP, P.C. F/>K/"QLDBECK McCAFFERTY & By: _ ichael McKeever Pa. ID 56129 ay E. Kivitz Pa. ID 26769 -Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 Thomas Puleo Pa. ID 27615 David Fein Pa. ID 82628 -Andrew Gornall Pa. ID 92382 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff KML LAW GROUP, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attnmev fhr Plaintiff ?11.?E?-Qi' f iCi O THE PROT" OTAR' 2ij 12 JUL 18 AMID: 19 cOM EMLA ND AN TY JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION ACTING AS RECEIVER F/K/A WASHINGTON MUTUAL BANK, FA 7255 Baymeadows Way Jacksonville, FL 32256 Plaintiff vs. DALE A. FLOR JR. CHRISTINA D. KASSEL (Mortgagor(s) and Record owner(s)) 2432 Lobach Drive Mechanicsburg, PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS! of Cumberland County No. 09-781 civil PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of your costs only. LAW GROUP, P.C. ichael McKeever Pa. ID 56129 isa Lee Pa. ID 78020 Krishna Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff ?r ? ' SaPd Q#7