HomeMy WebLinkAbout02-1531THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein / I.D. No. 53002
Kristen J. DiPaolo / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By and
Through its Loan Servicing Agent, Fairbanks
Capital Corp.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 0.2 - /s; 31 rw-
v.
STEPHEN C. CASSEL and
ROXANE E. CASSEL,
Defendants.
CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST
THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE
ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND
NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE
CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE
ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE
FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE
MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
I Courthouse Square
Carlisle, PA 17013
NOTICIA
LE HAN DEMANDADO A LISTED EN LA CORTE. SI USTED QUIERE
DEFENDERSE DE CESTAS DEMANDS EXPUESTAS EN LAS PAGINAS
SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA
FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE
PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR
ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS O SUS
OBJECIONES A LAS DEMANDS ENCONTRA DE SU PERSONA. SEA
AVISADO QUE SI LISTED NO SE DEFIENDE, LA CORTE T'OMARA
MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO
AVISO O NOTIFICACION O POR CUALQIER QUEJA O ALIVIO QUE
ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER
DINERO, SUSPROPIEDADESOOTROS DERECHOS IMPORTANTES PARA
LISTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TI ENE EL DINERO SUFICIENTE PARA PAGAR
TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUEN'rRA ESCRITA ABAJO PARA
AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
I Courthouse Square
Carlisle, PA 17013
(717) 240-6200
(717) 240-6200
1
NOTICE REQUIRED UNDER THE FAIR
DEBT COLLECTION PRACTICES ACT,
15 U.S.C. § 1601 (AS AMENDED) AND
THE PENNSYLVANIA UNFAIR TRADE PRACTICES
ACT AND CONSUMER PROTECTION LAW,
73 PA. CON. STAT. ANN. § 201, ET SEQ. ("THE ACTS")
To the extent the Acts may apply, please be advised of the following:
The amount of the original debt is stated in the Complaint attached hereto.
2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are
Creditors to whom the debt is owed.
3. The debt described in the Complaint attached hereto and evidenced by the copies of the
mortgage and note will be assumed to be valid by the Creditor's law firm, unless the
Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the
validity of the debt or some portion thereof.
4. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the
receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm
will obtain verification of the debt and a copy of the verification will be mailed to the Debtor
by the Creditor's law firm.
5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original
Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within
thirty days from the receipt of this notice, the name and address of the original Creditor will
be mailed to the Debtor by the Creditor's law firm.
6. Written request should be addressed to:
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Attention: Kristen DiPaolo, Esquire
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
* THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
(a) The Plaintiff, Manufacturers & Traders Trust Company, Trustee for
Securitization Series 1997-3, Agreement dated 06-01-97, By and Through its Loan Servicing Agent,
Fairbanks Capital Corp., is the holder of a mortgage as below described.
(b) Fairbanks Capital Corp., is a Corporation having been organized under the
laws of the Commonwealth of Pennsylvania and having its principal place of business at 338 South
Warminster Drive, Hatboro, PA 19040.
(c) Fairbanks Capital Corp. is the loan servicing agent for Plaintiff, maintaining
the business records for the Plaintiff/ Mortgagee in the ordinary course and scope of business.
2. (a) Defendant Stephen C. Cassel is an individual whose last known address is 192
Texaco Road, Mechanicsburg, PA 17055.
(b) Defendant Roxane E. Cassel is an individual whose last known address is 192
Texaco Road, Mechanicsburg, PA 17055.
(c) Defendant Stephen C. Cassel holds an interest in the subject property as both
a Real Owner and Mortgagor.
(d) Defendant Roxane E. Cassel holds an interest in the subject property as both
a Real Owner and Mortgagor.
(e) If either of the above named Defendants is deceased, this action shall proceed
against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives
and/or executors through their estate whether the estate is probated.
3. (a) The residential mortgage being foreclosed upon is secured by property located
at 192 Texaco Road, within Silver Spring Township, Cumberland County, Pennsylvania.
(b) All documents evidencing the residential mortgage have been recorded in the
Recorder of Deeds' Office in Cumberland County, Pennsylvania.
(c) The Mortgage was executed on February 24, 1997 and was recorded on
February 27, 1997 in Mortgage Book 1367, at Page 156.
(d) The legal description for this parcel is attached and incorporated as Exhibit
"A" (Mortgaged Premises).
(e) The herein named Plaintiff has standing to bring the instant action by virtue
of Assignments of Mortgage, duly and publicly recorded as below:
Assignor: Fairbank Mortgage Bankers Corp.
Assignee: ContiMortgage Corp.
Recording Date: November 17, 1997
(Assignment) Book: 562
At Page: 205
Assignor: ContiMortgage Corp.
Assignee: Manufacturers & Traders Trust Company, Trustee for
Securitization Series 1997-3, Agreement dated 06-01-97
Recording Date: As Recorded
(Assignment) Book: As Recorded
At Page: As Recorded
(f) By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and
1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies
of the above mentioned publicly recorded documents to this mortgage foreclosure action. These
documents are, however, appended hereto and incorporated herein by reference as Exhibit "B".
4. The mortgage is in default because the Defendants above named failed to timely
tender the monthly payment of $1,665.31 on December 1, 2001, and thereafter failed to make the
monthly payments.
5
accelerated.
As authorized under the mortgage instrument, the loan obligation has been
6. Plaintiff seeks entry of judgment in rem on the following sums:
(a) Principal balance of mortgage due and owing
(b) Interest due and owing at the rate of 9.65%
calculated from the default date above stated
through March 31, 2002
Interest will continue to accrue at the per diem
rate of $49.74 through the date on which judgment
in rem is entered in Plaintiffs favor.
(c) Late Charges due and owing under the Note
in accordance with the Mortgage Instrument
(d) Corporate Advances made by Plaintiff on
behalf of Defendant mortgage account
(e) Outstanding Fees and Costs carried over
from the previous Loan Servicing Agent
(f) Non-Sufficient Fund (NSF Charges)
(g) Court Costs and fees as recoverable
under the mortgage terms, estimated
(h) Attorneys' fees
Calculated as 5% of the principal balance due,
in accordance with the mortgage terms
TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF
$188,119.49
7,543.34
499.62
921.46
9,504.63
45.00
300.00
9,405.97
$216,339.51
7. (a) The attorneys' fees set forth as recoverable at Paragraph 6(h) are in conformity
with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third-
party purchaser at a Sheriffs Sale only.
(b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriffs
Sale, Plaintiff s actual attorneys' fees (calculated at counsel's hourly rate) will be charged based upon
work actually performed.
8. (a) The original principal balance of the Mortgage is more than Fifty Thousand
($50,000.00) Dollars.
(b) Under Pennsylvania's ACT 6 of 1974, Plaintiff Mortgagee is not obligated to
serve Notice of its Intention to Accelerate the mortgage obligation by certified and by regular
mailing, prior to initiating foreclosure proceedings.
9. (a) The subject mortgage is governed by ACT 91 of 1983.
(b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the
Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance
Program", by regular mailing, prior to initiating foreclosure proceedings.
(c) Appended hereto and incorporated herein by reference as Exhibit "C" are
copies of the Notices required, having been sent on the date set forth on the Notice.
(d) The Defendant has failed to make a timely application for financial assistance
with the Pennsylvania Housing Finance Agency.
WHEREFORE, the Plaintiff, Manufacturers & Traders Trust Company, Trustee for
Securitization Series 1997-3, Agreement dated 06-01-97, By and Through its Loan Servicing Agent,
Fairbanks Capital Corp., respectfully requests:
-- Entry of judgment in rem against the Defendants above named in the total
amount of $216,339.51 as stated at Paragraph 6, plus all additional interest
and late charges accruing through date of judgment entry; and
-- Foreclosure and Sheriffs Sale of the subject mortgaged property.
Respectfully Submitted,
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: ;'J' i.r , V, , ?
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
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DESCRIPTION
ALL THAT CERTAIN lot of land situate in Silver Spring Township, County of Cumberland and
Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the centerline of Texaco Road at the Southeast corner of Lot No. 4 on the
hereinafter mentioned Plan of Lots, which point is 858.5 feet from the centerline of Hempt Road; thence
along Lot No. 4 on the said Plan of Lots, North 47 degrees 30 minutes West, 291.07 feet to an iron
pin at line of lands now or formerly of Flight Systems, Inc.; thence along said lands, North 47 degrees
39 minutes East, a distance of 295.53 feet to an iron pin at line of lands now or formerly of Marlin H.
Eichelberger; thence along said lands now or formerly of Marlin H. Eichelberger, South 43 degrees 42
minutes East, 265.17 feet to the centerline of Texaco Road (which point is 582.5 feet from the
centerline of Hempt Road); thence along said centerline, South 42 degrees 30 minutes West, a distance
of 276.0 feet to a point, the place of beginning.
BEING Lot No. 1 on the Final Resubdivision Plan for John B. Kreamer, dated March 18, 1982 and
recorded in Plan Record Book 42, Page 47, Cumberland County records.
HAVING thereon erected a dwelling house and garage known and numbered as 192 Texaco Road.
TAX PARCEL #21-0295-026
t
I hereby certify that this 1s
a true and correct copy of the
' 'nal acurr?nt. /?
...... ------........ -- -------------------------
----- ce Above This Line Por Recording
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on February 24, 1997 The mortgagor is
STEPHEN C. CASSEL
ROXANE E. CASSEL
("Borrower"). This Security Instrument is given to
Fairbank Mortgage Bankers Corp.
which is organized and existing under the laws of Connecticut and whose
address is 61 Mattatuck Heights Road Waterbury, CT 06705
("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED NINETY FIVE THOUSAND FIVE HUNDRED AND
Dollars (U.S. $195,500.00 ).
This debt istevidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly
payments, with the full debt, if not paid earlier, due and payable on March 1, 2012
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals,
extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the
security of this Security instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument
and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following
described property located in CUMBERLAND County, Pennsylvania:
2043789495 W.Ufa 20041768
%3c;? L,.... __ - scription
Attached hereto and made a part hereof
which has the address of 192 TEXACO ROAD MECHANICSBURG
Pennsylvania 17055
("Property Address");
[Zip Code]
[Sueet],[City]
Form
PENNSYLVANIA-Single Family-FNMAIFHLMC UNIFORM INSTRUMENT 3039 9190
Page I of 6 Amended nded 5191
ALL 77-[AT' CERIA
Cumberland and r+tmoniv
BEGINNING at a pair
No, 4 on the hereingRer men,
rif 1lempt Root; thence along
west, • 291.07 jeer to an irat p
along said lands, north 47 de
litre of lairds now or former,
formerly of Marlin H. Elebe
centerline of Texaco Rood (wh
along Bald cerrterlirre, south 4;
place of BEGINNING,
BEING Lot Na. 7 on r
18, 1982 and recorded in Pla
lot q/ land Siflu'le in Silver Spring 7btwwhip, Cotnuy of,,
'th of Perrruyli rna, bounded and deed as fallowT, to:wir.'
in the center ne QF Tea'aco Road at the soulltaasl corner- of Lot
tined Plan if ols, which point is 858.5 feet fiont the cenrerilne
Lot No. 4 on 1 e sard Plat of Lots, north 47 degrees 30 ntbmes `
a•at line of lar s now orformerty of Flight Systetirs, luc; thence ;.
roes 39 rmftur ease, a distance c f 295.53 feat to an fort pin at
of hfarlin 11 Eichelberger, thence along said lands now or
Serger, south 3 degrees 42 minutes east, 265.17 fder to the
:h point is 5$ 5fert from the centerline tfflempt Road); thetice
degrees 30 mi urtes west, a divartte a1276,Ofeet to a point, the
e Final Resu lvtstorl Plant for John A Kreamff, dated March
Record Book 2, Page 47, Cumberland Cowtty records.
'ihe public art orb.-7 in Texaco Road as uddertad by dedication
wt on said rr n.
a dtselth hotrae and garage known and numbered a$ 192
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures
now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the
foregoing is referred to in this Security Instrument as the "property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey
the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally
the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment or Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of
and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on
the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments
which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the
Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage
insurance premiums, if any; and (f) any sutras payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu
of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold
Funds in an amount not to exceed the maximum amount a fender for a federally related mortgage loan may require for Borrower's
escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from lime to time, 12 U.S.C. Section 2601
et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold
Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including
Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items.
Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow
Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender
may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with
this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender
shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that
interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits
and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for
all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the
excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not
sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender
the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at
Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument' Lender shall promptly refund to Borrower any Funds held
by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property,
shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2
shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest
due: fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which
may attain priority over this Security Instrument, and leasehold payments or ground rents. if any. Borrower shall pay these obligations
in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed
payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these
payments directly. Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing
to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends
against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien: or (c)
secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender
determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument. Lender may give
Borrower a notice identifying the lien. Borrower shall satisfy'the lien or take one or more of the actions set forth above within 10 days
of the giving of notice.
Page 2 of 6 Form 3039 9190
S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding,
for which tender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The
insurance carrier providing the insurance shall he chosen by Borrower subject to Leader's approval which shall not be unreasonably
withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's
rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shalt be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may snake proof of
loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property
damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this
Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer
within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance
proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument. whether or
not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the
due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the
Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to
the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds.
Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this
Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property
to deteriorate, or commit waste on the Property. Borrower shalt be in default if any forfeiture action or proceeding, whether civil or
criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien
created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in
paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes
forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or
Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or
inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan
evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal
residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires
fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this
Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in
bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is
necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums
secured by alien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on
the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security
Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of
disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage
insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the
mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage
insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage
insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and
retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve
Page 3 of 6 Forst 3039 9/90
0 0
payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that
Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums
required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in
accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property- Lender shall give Borrower
notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connector with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be
paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security instrument,
whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market
value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security
instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured
immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be
paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the
taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in
writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security instrument
whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award
or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security
Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the
due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of
amortization of the sums secured by this Security instrument granted by Lender to any successor in interest of Borrower shall not
operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence
proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured
by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any
forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security
Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17.
Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not
execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property
under the terms of this Security Instrument (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c)
agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms
of this Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that
law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and
(b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to
make this refund by reducing the principal owed under the Note or by snaking a direct payment to Borrower. If a refund reduces
principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by
first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other
address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class trail to Lender's address stated
herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be
deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in
which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable
law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
Form 5039 9190
Page 4 of 6
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold
or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior
written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However,
this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less
than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sutras secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of
this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for
reinstatement) before sale of the Property pursuant to any power of sale contained in this Security instrument; or (b) entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this
Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements: (c) pays
all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) lakes such
action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and
Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,
this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this
right to reinstate shall not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument)
may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan
Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of
the Loan Servicer unrelated to a We of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the
change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer
and the address to which payments should be made. The notice will also contain any other information required by applicable law
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation
of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small
quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the
Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which
Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or
other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances' are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20,
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration fallowing Borrower's breach of any
covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable taw
provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than
30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default
on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of
the Property. The notice shall further inform. Borrower of the right to reinstate after acceleration and the right to bring a court
action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured
on or before the date specified in the notice, Lender at its option, may require immediate payment in full of all sums secured by
this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by
applicable taw. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,
including, but not limited to, reasonable attorneys' fees and costs of title evidence to the extent permitted by applicable law.
22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to release this Security
Instrument and shall surrender all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall release this
Security Instrument without charge to Borrower. Borrower shall pay any recordation costs.
Page 5 of 6 Form 3039 9190
23. Waivers. Borrower, to the extent 0 0
permitted by applicable law, waives and releases any error or defects in proceedings to
enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension
of time, exemption from attachment, levy and sale, and homestead exemption.
34. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the
commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the
Property, this Security instrument shall be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in
an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security
Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants
and agreements of this Security It
(Check applicable box(es)]
OAdjustable Rate Rider
OGraduated Payment Rider
'loon Rider
?V.A. Rider
Istrument as if the rider(s) were a part of this Security Instrument.
[]Condominium Rider ?l-4 Family Rider
OPlanned Unit Development Rider ? Biweekly Payment Rider
[]Rate Improvement Rider []Second Home Rider
[]Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any
rider(s) executed by Borrower and recorded with it.
Witnesses:
SS" (Seal)
STEPHEN C. CASSEL
' C (Seal)
ROXANE E. CA SEL
(Seal)
Certificate of Residence
1, Mi I i ss a A . (,u y do hereby certify that the correct address of the
within-named Mortgagee is u I M a+1a.1 u l. 1C N C r (f 115 poocl 4,/(L j-GrP_xt., y C. T 0&-70G
Witness my hand this a4 1`h day of f e bf UCIry I C10.7
COMMONWEALTH OF PENNSYLVANIA,
On this, the C-, y day of / tf bi cea r y J 1 r y
personally appeared C Cosse/ Cud kbxe-i e el
known to me (or satisfactorily proven) to be the personS whose name=s Ctrl.
acknowledged that -[h Cy executed the same for the purpl
IN WITNESS WHEREOF, I hereunto set my hand and official seal
My Commission Expires:
NOTARIAL SEAL
Agent of Mortagee
County ss:
before me, the undersigned officer,
cySSe'/
subscribed to the within instrument and
rses herein contained.
z 6z y
MELISSA A. GUY. NOTARY PUBLIC ??/// 7
NANCVPA, •O..K COUNJ?. A. / / e
MY COMMINSION ::XPMF- SEPT. 9, 1900 Title of Officer
MEMBER, PENNSYLVANIA ASSOC. OF NOTARIES
Page 6 of 6
Form 3039 9f96
NOTE 46
Loan Number : 97PA7
February 24 1997 MECHANICSBURG PENNSYLVANIA
latyl [state]
192 TEXACO ROAD, MECHANICSBURG, PA 17055
tProperty Address]
L BORROWER'S PRONUSE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 195,5oo.oo (this amount is called
"principal"), plus interest, to the order of the Lender. The Lender is
FAIRBANK MORTGAGE BANKERS CORP.
1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and
who is entitled to receive payments under this Note is called the "Note Holder".
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at
a yearly rate of 9 . 650 %. The interest rate required by this Section 2 is the rate I will pay both before and
after any default described in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
1 will pay principal and interest by making payments every month.
I will snake my monthly payments on the 1St day of each month beginning on April 1,
1997 . I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on
March 1, 2012 , I still owe amounts under this Note, I will pay those
amounts in full on that date, which is called the "maturity date".
I will make my monthly payments at 61 MATTATUCK HEIGHTS ROAD
WATERBURY, CONNECTICUT 06705 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 1,665.31
4. BORROWER'S RIGHT TO PREPAY
1 have the In to make payyWnl? of principal at any time before they are du
own as a "pre men". When 1 n)dke a p payment, I will tj;R'Ihlf Note Holder ina4nl
*'C_
A payment of principal only is
k 1 am doing sty-1
I Vky make a 11 pre yment or pa tal prepay ents witho t paying a prepaym VcIar,.. The tZider
Holder
will usye e.1 of my prep me s to reduce th amoun of principl hat I under tttal 01
prepay ant, there wileNIVIK changes in the du or in the amu of y monthly pythe agrees in wn[ing to those e changes.
S. LOAN CHARGES
If a law, which applies to this town and which nets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted Emits, then:
(i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted Emit; and (ii)
any suns already collected from me which exceeded permitted Emits will be refunded to me. The Note Holder may
choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a
refund reduces principal, the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar
days after the date if is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 . 000% of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not
been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the
notice is delivered or mailed to me.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if 1 am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have
the right to be paid back by me for all of its costa and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys' f---
MULTISTATE FIXED RATE NOTE--Single Family--FNINAWHLMC UNIF 11111111111111111111111 ,3
Form 1648 (8412) '1394 2043169495 Mae 2004130
1-800-441-0830 0l
•
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I
give the Note Holder a notice of my different address.
Any notice that must he given to the Note Holder under this Note will be given by mailing it by first class mail to
the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser
of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a
guarantor, surely or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its rights under this Note against each person individually or against all of us together. This means
that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
1 and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of
dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given
to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the
same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises
which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make
immediate payment in full of all amounts I we under this Note. Some of those conditions are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or
any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and
Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option,
require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Leader if exercise is prohibited by federal law as of the date of this Security
Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior
to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
r
Lr _-"
-
"-
?
'
STEPHEN C.. CASSEL --(Seal)
-Borrower
2q5 y n'( . -
ROXANE E. CASSEL tSeal)
-Borrower
.Borrower
-Borrower
(Sign Originot Only)
0
RIDER
0
The note and mortgage dated February 24, 1997
between FAIRBANK MORTGAGE BANKERS CORP ("Lender") and
STEPHEN C. CASSEL & ROXANE E. CASSEL
t"Borrower" or "I") is hereby amended as follows:
I. Paragraph 4 of the Note is deleted and the following is
substituted in its place. The terms in this Rider supercedes all
contradictory terms in the note dated February 24, 1997
PAYMENT OF WHOLE NOTE
(A) I have the right to prepay the whole outstanding amount
of this Note at anytime. If I do so within THREE (3) year(s)
from the date of our Loan, I agree to pay a prepayment penalty of
five (5.0%) percent of the principal balance remaining at the
time of payoff.
II. Paragraph 6 of the Note is amended by adding the
following:
BORROWERS FAILURE TO PAY AS REQUIRED; LATE CHARGES:
(F) The interest rate payable under the Note shall be due
and payable before and after maturity, by acceleration or
otherwise.
This Rider will remain in full force and
Note is transferred by Lender and the Borrowe
writing by the new Note Holder that such Note
option, has declared the Rider null and void.
declared null and void, the original Note and
shall remain in full force and effect.
effect unless the
r is notified in
Holder, at its sole
If the Rider is
Mortgage terms
STEPHEN CASSE ROXAfNE E. CASSEL
First Mortgage Rider - MULTI 3200
• Y
BALLOON RIDER
THIS BALLOON RIDER is made this 24 day of FEBRUARY , 1997,
and is incorporated into and shall be deemed to amend and
supplement the NOTE and the MORTGAGE, Deed of Trust or Deed to
Secure Debt (the "Security Instrument") of the same date given by
the undersigned (the "Borrower") to secure the Borrower's Note to
FAIRBANK MORTGAGE BANKERS CORP , 61 MATTATUCK HEIGHTS ROAD,
WATERBURY, CT 06705 (the "Lender") dated February 24, 1997
and covering the property described in the Security instrument and
located at:
192 TEXACO ROAD
M CH-ANI SB G PA 17055
ADDITIONAL COVENANTS. In addition to the covenants and agreements
in the Security Instrument, Borrower and Lender further covenant
and agree as follows (despite anything to the contrary contained in
the Security Instrument of the Note):
1. The term to maturity of the loan sought by the Borrower(s) is
180 months.
2. The Loan Contract (the "Promissory Note") will not require
escrow payments.
3. The amount of the initial payment will be S 1.665.31
consisting of principal and interest. The amount of each
monthly payment, (except for the final payment) and the
proportion of each monthly payment (except for the final
payment) which is credited to interest is calculated by a
fixed payment, full amortization schedule based on a term to
maturity of 360 months and a 9.650% % annual
interest rate.
4. YOU SHOULD CHECK WITH YOUR LEGAL ADVISOR AND OTHER MORTGAGE
LIEN HOLDERS AS TO WHETHER ANY PRIOR LIENS CONTAIN
ACCELERATION CLAUSES WHICH WOULD BE ACTIVATED BY A JUNIOR
ENCUMBRANCE.
5. The proposed loan is an amortizing balloon payment mortgage.
THE TERM OF THE LOAN IS 15 YEARS. AS A RESULT, YOU
WILL BE REQUIRED TO REPAY THE ENTIRE REMAINING PRINCIPAL
BALANCE AND ANY ACCRUED INTEREST THEN OWING 15 YEARS
FROM THE DATE THE LOAN IS MADE.
THE LENDER HAS NO OBLIGATION TO REFINANCE THIS LOAN AT THE END
OF ITS TERM. THEREFORE, YOU MAY BE REQUIRED TO REPAY THE LOAN
OUT OF ASSETS YOU OWN OR YOU MAY HAVE TO FIND ANOTHER LENDER
WILLING TO REFINANCE THE LOAN.
ASSUMING THIS LENDER OR ANOTHER LENDER REFINANCES THIS LOAN AT
MATURITY, YOU WILL PROBABLY BE CHARGED INTEREST AT MARKET
RATES PREVAILING AT THAT TIME AND SUCH RATES MAY BE HIGHER
THAN THE INTEREST RATE OF THIS LOAN. YOU MAY ALSO HAVE TO PAY
SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A
NEW MORTGAGE LOAN.
6. The principal balance of the loan due at the maturity of the
loan (assuming all scheduled principal payments, if any, are
made in accordance with the Promissory Note) will be the sum
of $159.769.24 dollars. Borrower(s) will receive notice
of maturity from the Lender at least 90, but not more than
120 days prior to the maturity date.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and
covenants contained in this Balloon Rider.
STEPHENI C. CASSEL R E E. CASSEL
PO Box 1900
Hatboro PA 19040
December 12, 2001
****************************SINGLE-PIECE
STEPHEN CASSEL
ROXANNE CASSEL
192 Texaco Rd 7 lean
Mechanicsburg PA 17050-2624
I„1111r„116,,,111tllnr[fill fill n1I66tile 1nn6IIIIdI
RE : LoanNo. 2043169495
FROM: Fairbanks Capital Corp.
WESTERN
UNION1
alaasaaln0 tervieaa
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAX BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOU HOME FROM FORECLOSURE AND
HELP YOU MAI(E FUTURE MORTGAGE PAYMENTS
?T 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.
"'REORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days
liom the date of this notice. During that time you must arrange and attend a "face-to-face" meeting witth a representative of this lender, or with one of the
omsumer credit counseling agencies listed at the end of this notice.-THIS MEETING MUST OCCUR IN THE NEXT (30) DAYS. IF YOU DO NOT
;1 PPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE
!_ ALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAIIdS HOW TO BRING YOUR MORTGAGE UP TO DATE
f ONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice,
P a lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of desianatei
rlie
),Our
necessary to
,i PPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this notice. (See following pages for
:°lecific 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
I'-'r financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and rile a completed
1 "omeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of titis notice.
I-'-fy consumer credit counseling agencies lutve applications from the Homeowner's Emergency Mortgage Assistance Program. They will assist you in
r ibmitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of
Niur fact -to-lace 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 HOMIE IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
,I GENCY ACTION -Available funds far cmcrguncy mortgage aaxistmrcc arc very limited. 17rey will he disbursed by the Agency under the eligibility
criteria established by the Act. The Pcnnsyh-4niu Housing Finance Agency has sixty (60) days to make u decision after it reeiven ynur application. During
Ihut time, no torccIosuro proceedings will be pursued against you if You have met the time requirements set forth above. You will be notified directly by
die Pennsvivunia I lousing Finance Agenev of it, decision on wur uunlication.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS
NOTICE IS FOR PURPOSES NLY AND SHOULD
NOT BE CON IDERED AS NIATTEMPT TO COLLECT THE EBT. IIIIII IIIII 111111111111111111111 III1111111111111111111111111111111111
i 1694950001;*
(irAnuhnrfledhankrupterlnucan%tiasppl.fnrFmerzenc%\lnrtzaze.\scictancrt s EXHIBIT
HOLY TO CURE YOUR (MORTGAGE DEFAULT (Brine it up to date):
NATURE OF THE DEFAULT-
'I he Motl;-ow debt held by the above lender on your property' lot:itkd ,a
192 TEXACO RD
1 IVITANMSBG PA 17oi
IS SERIOUSLY IN DEFAULT hetntuse:
YOU i IA VV N(Yf TwADE moL THLY PAYhdh,Nt '1 R for the tidluung months and the following anmmtts are now past due:
'l'ocal Payanents Due: $4995.93
Late Charges: $166.54
Recoverable Borrower Fees. $948.90
Escrow Advances: $0.00
Other fees: $45.00
Less Amount Suspended: $0.00
Total Amount of Delinquency: $6156.37
HOW TO CURE THE DEFAULT - You may cure the default w ithin thirty (30) tint's of the slate of this notice BY PAYING: THE TOTAL AMOUNT
PAST DUE TO THE LENDER, AS NOTED ABOVE, TOGETHER KITH ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY (3ti) DAY PERIOD. Palmenis ntu.Nt he m: tty cidwT b caKh, vaAkiei'.; checkcoilili.-d chcs;k or moncy goner
made payable and sent to: The Loan Servicing Center
Remittance Processing
P.O.Box 79157
Phoenix AZ 85062
IF YOU DO NOT CURE THE DEFAULT - If you do NOT cure the default with in "1'IiIR'1'Y (30) DAYS of the date of this notica, the lender intends to
exeaase its rights to accelerate the in rttotgo debt. This means that the entire outstanding balance of this Licht will he vonsitlcrcd Lin,; tmntediately and you
may not lase the chance to pay the ttuntguge in monthly installments. If full payment of the total anmunt ptta due is not uutde wtthin'I 11I1:'f Y (30) DAYS,
tine lender also intends to instruct its attorneys to slur[ legal action to foreclose upon vour mor tro!!ed property.
IF THE MORTGAGE IS FORECLOSED UPON -I lie mortgaged property will be sold by the Sheriff to pay oti the tnortguge debt. If t1w lender niera
your case to its attorneys, but you cure the delinquency befbre Cite lender begins legal proceedings against you, you Hill ;till be reiptircd 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 amomtt v'ou owe the lender,
which may also include other reasonable costs. If -you cure the default within the THIRTY (30f DAY period you will not be required to flay
attorney's fees.
OTHER LENDER REMEDIES -The lender may also site you personally for the unpaid balance and all other stuns clue under the note.
have not cured the default within ttre'fIURTY (30) DAY period and
It and Drevent the sale ni ant' time in to n1le bnnr harnrn Ih,+ Rh..e:1Tu
Curing your default in the matter set forth in this notice will reshrre your mortgage to the some position as if you had never
EARLIEST POSSIBLE SHERFFF'S SALE DATE - It is estimated that the earliest date that such a Sherilrs Sale of the mortgaged property could he
held would be approximately six (6) months after the date of this notice. A notice of the actual date of the Sheritl's Sale will be sent to you before the
sale. Of t:airse, the amount needed to core 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 CONTAC
NAIvll; OF LENDER:
ADDRESS:
1'(IONE N(RvIM•,R:
FAX NUMBER:
CON PACT PERSON:
r THE LENDER:
Fairbanks Capital Corp.
P.O.Box 65250
SALT' LAKE CITY i1T 84165-0256
1-5011-35!9698
(801) 293-2600
Wayne Smith
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership ofthe mortgaged property and your right to occupy it.
If pm continue to live in the properly alter the Sheriff's Sale, a lawsuit to remove you atd )vur furnishings and other belongings could he started by the
lender at this time.
ASSUMPTION OF MORTGAGE - You may (with lender's written consent) sell or transfer your Monte to a buyer or transferee who will assume tite
morlgagc debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or tit the sale and that the other
requirements of the mortgage are satisfied.
WESTERN 10
I®
UNION
Mmeagisy BwAws
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHER
I sNDING 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 FEDERAL BANKRUPTCY LAW.
`"rE WOULD ENCa RAGE Y TO ONTACT YOUR REPRESENTATIVE NAMED
_+ VOID FORECLOSURE. P SE CO T CT US AT 818-6032 TO DISCUSS OPTIONS TO
17.,Iclosure-PHFA Homeowner's Emergency Meitgage Assistance Program Consumer Credit Connecting Agencies
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT
THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that tho mortgnge on your home is in default and the lender Intends to foreciwe. Specific information about the nature
of the default Is provided in the attached naves.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help sac your home
This notice cxnlains ho%v the vrograrn works.
'o see if REM" can holn. you must MEET WITH A CONSUMR CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF
THIS NOTICE. Take this notice with You when you meet with counseling agency.
The name. address and nbone number of consumer, c edit counseling agencies serving yronr county are listed at the nd of this notice [ you hay e
any questions, you may call Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call
(717) 780-1869).
This notice contains legal information. If you have any questions, representatives at the consumer credit agency may be able to help explain it. You may
also wont to contact an attorney in your area. The local bar association may he able to help you find a lawyer.
LA NOT111CACION rN ADTUNTO LS Dr SUMA IMPORTANCIA, PUSS AFFCTA SU DCRFCI10 A CONTINUAR VIVIENDO FN SU CASA. SI
'to COMI'RIiNDl' ]--'I, CONTrNIDO DE FSTA NOTIFICACION O13TrNGA TINA TRADOCCION INMrDITAMEN E 11AMANDO ESTA AGE.NC[A
(PI;WNSYLVANIA HOOKING FINANCE AGENCY) SIN CARGOS Al, NUMF.RO MIiNCIONADO ARRIBA. PUEDFS SER rI.r(1IBLE PARA IAN
PRESTAN10 POR EL PROGRAMA LLAMADO "I IOMrtoww o, iurRCrNCY MoRTCiAGr ASSIS'T'ANCE PROGRAM" EI, CUM, PUFDr
SALVAR SU ASA Dr LA PrR1)IDA DI-r. DrRF.CI TO A RFDIMIR SO 1ITPOTL'CA,
ley+
APPENDIX C
PENNSYLVANIA HOUSING FINANCE AGENCY
llr)MEONVNER'S 1: 'ib1ERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COI)NSELING AGENC (E?S
(Rev. 11/99)
CUMBERLAND COUNTY
Urban League of Metropolitan Harrisburg
N 6th Si
CCCS of Western Pennsylvaunia, Inc
Community Action Conuu of the Capital
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Adams County Housing Authority
139-143 Carlisle St
Gettysburg;, PA 17325
(71i).334-15,18
FAX (717) 334-8326
2000 Lingletown Rd
Harrisburg, PA 17102
(717) 541-1757
YWCA of Carlisle
301 G St
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9580
Region
1514 Derry St
Harisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Financial Counseling; Semices of Franklin
31 West 3rd St
Waynesboro, PA 17208
(717) 762-3285
VERIFICATION
The undersigned, an officer of Fairbanks Capital Corp. the instant Plaintiff, or its servicing
agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts
set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the records maintained
by persons supervised by the undersigned who maintain the business records of the Mortgage held
by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of
the knowledge, information and belief of the undersigned.
I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO
THE PENALTIES OF 18PA.C.S. SECTION4904 RELATINGTO UNSWORNFALSIFICATION
TO AUTHORITIES.
Dated: Z
rtle: oreclosure Spect
Company: Fairbanks Capital Corp.
MAR 2 0
2002 D
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01531 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS & TRADERS TRUST
VS
CASSEL STEPHEN C ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
CASSEL ROXANE E
the
DEFENDANT , at 2047:00 HOURS, on the 8th day of April , 2002
at 192 TEXACO ROAD
MECHANICSBURG. PA 17
by handing to
ROXANNE E CASSEL
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:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 1.2 a- day of
02110,2, A. D.
.
^n
rothonotarV
So Answers-
R. Thomas Kline
04/09/2002
BARBARA FEIN
By :
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01531 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS & TRADERS TRUST
VS
CASSEL STEPHEN C ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
CASSEL STEPHEN C
the
DEFENDANT
at 2047:00 HOURS, on the 8th day of April , 2002
at 192 TEXACO ROAD
MECHANICSBURG. PA 17
ROXANNE E CASSEL, WIFE
by handing to
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:
Docketing 18.00
Service 6.90
Affidavit .00
Surcharge 10.00
.00
34.90
Sworn and Subscribed to before
me this Id c` day of
CLo, `Dn ave7.2? A.?D?.
r thonotary
So Answers:
R. Thomas Kline
04/09/2002
BARBARA FEIN
By : Q??..1/??i?Z??s?.?
Deputy Sheriff
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By and
Through its Loan Servicing Agent, Fairbanks
Capital Corp.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1531 CIVIL TERM
V.
STEPHEN C. CASSEL and
ROXANE E. CASSEL,
Defendants.
PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER
AND FOR ASSESSMENT OF DAMAGES
Kindly enter judgment for $218,178.33 in favor of the Plaintiff, Manufacturers & Traders
Trust Company, Trustee for Securitization Series 1997-3, Agreement dated 06-01-97, By and
Through its Loan Servicing Agent, Fairbanks Capital Corp., and against the Defendants, Stephen
C. Cassel and Roxane E. Cassel, for failure to file an Answer to Plaintiffs Complaint in Mortgage
Foreclosure within twenty (20) days from service thereof and assess Plaintiff s damages as follows
and calculated from those set forth in the Complaint.
Principal balance of mortgage
Interest due and owing at the rate of 9.65% calculated
from the default date through May 14, 2002
Late Charges due and owing under the Note in
accordance with the Mortgage Instrument
Corporate Advances made by Plaintiff Mortgagee
on behalf of Defendant mortgage account
Fees for Non-Sufficient Funds (NSF Charges)
Outstanding Fees and Cost carried over from the
previous Loan Servicing Agent
Attorneys' fees
TOTAL IN REM JUDGMENT TO BE ENTERED
$188,119.49
9,682.16
499.62
921.46
45.00
9,504.63
9,405.97
$218,178.33
TOTAL IN REM JUDGMENT TO BE ENTERED
$218,178.33
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: 'a'L ii (, Q L?l
Barbara A. Fein, Esquire
AND NOW, judgment is entered in favor of the Plaintiff, Manufacturers & Traders Trust
Company, Trustee for Securitization Series 1997-3, Agreement dated 06-01-97, By and Through its
Loan Servicing Agent, Fairbanks Capital Corp. and against the Defendants, Stephen C. Cassel and
Roxane E. Cassel, and damages are assessed as above in the sum of $218,178.33.
Pro. Prothonotary
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
MANUFACTURERS & TRADERS
TRUST COMPANY, Trustee for
Securitization Series 1997-3,
Agreement dated 06-01-97, By and
Through its Loan Servicing Agent,
Fairbanks Capital Corp.,
Plaintiff,
V.
STEPHEN C. CASSEL and
ROSANE E. CASSEL,
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1531 CIVIL TERM
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
s. s.:
THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are
based upon investigations made and records maintained by us either as Plaintiff or as servicing agent
of the Plaintiff herein named and that the above named Defendants are not in the Military or Naval
Service of the United States of America or its Allies as defined under the Soldiers and Sailors Civil
Relief Act of 1940, as amended, and that the age and last known residence and employment of each
Defendant are as follows:
Defendant Stephen C. Cassel
Age Over 18
Residence 192 Texaco Road, Mechanicsburg, PA 17055
Employment Unknown
Defendant Roxane E. Cassel
Age Over 18
Residence 192 Texaco Road, Mechanicsburg, PA 17055
Employment Unknown
Sworn to and subscribed
e this
of 2002. NAME:
TITLE: Foreclosure Specialist
_n, „? ?? ?? COMPANY: Fairbanks Capital Corp.
Notary
sao1?t ?YCOJ
?.t7.
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By and
Through its Loan Servicing Agent, Fairbanks
Capital Corp.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1531 CIVIL TERM
V.
STEPHEN C. CASSEL and
ROXANE E. CASSEL,
Defendants.
CERTIFICATION OF MAILING OF NOTICE UNDER PA. RCP RULE 237.1
The undersigned hereby certifies that a written Notice of Intention to File a Praecipe for the
Entry of Default Judgment was mailed to the Defendant(s) and/or to their legal counsel of record,
if any, after the default occurred and at least ten (10) days prior to the date of the filing of the
Praecipe. Said Notice was sent on the date set forth in the appended copy of the Notice, sent as
stated.
Stephen C. Cassel Roxane E. Cassel
192 Texaco Road 192 Texaco Road
Mechanicsburg, PA 17055 Mechanicsburg, PA 17055
Dated: April 29, 2002
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: a.- ?
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By and
Through its Loan Servicing Agent, Fairbanks
Capital Corp.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1531 CIVIL TERM
V.
STEPHEN C. CASSEL and
ROXANE E. CASSEL,
Defendants.
NOTICE OF INTENTION TO TAKE DEFAULT UNDER PA. RCP RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to take action required of you in this case. Unless
you act within ten (10) days from the date of this notice as set forth below, a Judgment may be
entered against you without a hearing and you may lose your property or other important rights. You
should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to
or telephone the following office to find out where you can get legal help:
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
NOTIFICACION IMPORTANTE
Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este
case. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta
notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna,
dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar
esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero
suficiente para tal servicio, vaya en persona o Ilame por telefono a la oficina cuya direccion se
encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal:
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
Date of Notice: April 29, 2002
PERSONS SERVED:
Stephen C. Cassel Roxane E. Cassel
192 Texaco Road 192 Texaco Road
Mechanicsburg, PA 17055 Mechanicsburg, PA 17055
THE LAW OFFICES BARB/A1RAEIN, P.C.
BY:
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By and
Through its Loan Servicing Agent, Fairbanks
Capital Corp.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1531 CIVIL TERM
V.
STEPHEN C. CASSEL and
ROXANE E. CASSEL,
Defendants.
CERTIFICATION OF ADDRESS
I, Barbara A. Fein, Esquire, Attorney for the Plaintiff, Manufacturers & Traders Trust
Company, Trustee for Securitization Series 1997-3, Agreement dated 06-01-97, By and Through its
Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that the Plaintiff s correct address is
338 South Warminster Drive, Hatboro, PA 19040, and the last known address of each Defendant
is as below.
Stephen C. Cassel Roxane E. Cassel
192 Texaco Road 192 Texaco Road
Mechanicsburg, PA 17055 Mechanicsburg, PA 17055
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: 40f ?1 *
Barbara A. Fein, Esquire
Attorney for Plaintiff
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By and
Through its Loan Servicing Agent, Fairbanks
Capital Corp.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1531 CIVIL TERM
V.
STEPHEN C. CASSEL and
ROXANE E. CASSEL,
Defendants.
CERTIFICATE OF SERVICE
1, Barbara A. Fein, Esquire, Attorney for the Plaintiff, Manufacturers & Traders Trust
Company, Trustee for Securitization Series 1997-3, Agreement Dated 06-01-97, By and Through
its Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that I have served a true and
correct copy of the appended mortgage foreclosure pleadings/papers upon the following parties at
the last known address and/or upon an attorney of record, as noted:
Stephen C. Cassel Roxane E. Cassel
192 Texaco Road, 192 Texaco Road,
Mechanicsburg, PA 17055 Mechanicsburg, PA 17055
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: a , Z. '. ,, o,
Barbara A. Fein, Esquire
Attorney for Plaintiff
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
CURT LONG, PROTHONOTARY
TO: Stephen C. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By and
Through its Loan Servicing Agent, Fairbanks
Capital Corp.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1531 CIVIL TERM
V.
STEPHEN C. CASSEL and
ROXANE E. CASSEL,
Defendants.
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that
a judgment has been entered against you in the above captioned proceeding as indicated below.
CURT LONG, PROTHONOTARY
[XX] Judgment by Default entered
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
BARBARA A. FEIN, ESQUIRE AT (215) 653-7450.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
CURT LONG, PROTHONOTARY
TO: Roxane E. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By and
Through its Loan Servicing Agent, Fairbanks
Capital Corp.,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1531 CIVIL TERM
V.
STEPHEN C. CASSEL and
ROXANE E. CASSEL,
Defendants.
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
judgment has been entered against you in the above captioned proceeding as indicated below.
CURT LONG, PROTHONOTARY
[XX] Judgment by Default entered
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
BARBARA A. FEIN, ESQUIRE AT (215) 653-7450.
? ? ^?0
O
W -rTrr r,., -,.?. ? /
? ? ? ?? ? ,l
?-- ?; -rc , -,-?
r:_ ,._
? ? . --.
\? 7 'r?
?1 "i -- 'iv
? ?Q
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By and
Through its Loan Servicing Agent, Fairbanks
Capital Corp.,
Plaintiff,
V.
STEPHEN C. CASSEL and
ROXANE E. CASSEL,
Defendant(s).
COURT OF COMMON PLEAS
NO. 02-1531 CIVIL TERM
PRAECIPE TO ISSUE WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland
County, against STEPHEN C. CASSEL and ROXANE E. CASSEL, Defendant(s), and real
property situated at 192 Texaco Road, Mechanicsburg, within Silver Springs Township,
Cumberland County, Pennsylvania 17055.
AMOUNT DUE
INTEREST FROM ai@11@10.99
Through September 4, 2002
COSTS TO BE ADDED
$218,178.33
4,016.32
THE LAW OFFICES OF BARBARA A. FEIN,.P.C.
BY:
Barbara A. Fein, Esquire
Attorney I.D. No. 53002
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Premises: 192 TEXACO ROAD, TOWNSHIP OF SILVER SPRING
CUMBERLAND COUNTY
PENNSYLVANIA
DESCRIPTION
ALL THAT CERTAIN lot of land situate in Silver Spring Township, County of Cumberland and
Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the centerline of Texaco Road at the Southeast corner of Lot No. 4 on the
hereinafter mentioned Plan of Lots, which point is 858.5 feet from the centerline of Hempt Road; thence
along Lot No. 4 on the said Plan of Lots, North 47 degrees 30 minutes West, 291.07 feet to an iron
pin at line of lands now or formerly of Flight Systems, Inc.; thence along said lands, North 47 degrees
39 minutes East, a distance of 295.53 feet to an iron pin at line of lands now or formerly of Marlin H.
Eichelberger; thence along said lands now or formerly of Marlin H. Eichelberger, South 43 degrees 42
minutes East, 265.17 feet to the centerline of Texaco Road (which point is 582.5 feet from the
centerline of Hempt Road); thence along said centerline, South 42 degrees 30 minutes West, a distance
of 276.0 feet to a point, the place of beginning.
BEING Lot No. 1 on the Final Resubdivision Plan for John B. Kreamer, dated March 18, 1982 and
recorded in Plan Record Book 42, Page 47, Cumberland County records.
HAVING thereon erected a dwelling house and garage known and numbered as 192 Texaco Road
TAX PARCEL #21-0295-026
TITLE TO SAID PREMISES IS VESTED IN Stephen C. Cassel and Roxane E. Cassel, husband
and wife by Deed from Dale E. Johnson and Dorothy M. Johnson, husband and wife and Newton
W-Crouse and Paula C. Crouse, husband and wife dated 2/17/1994 and recorded 2/24/1995 in
Deed Book 118, Page 1039.
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for
Securitization Series 1997-3,
Agreement dated 06-01-97, By
and Through its Loan Servicing
Agent, Fairbanks Capital
Corp.,
Plaintiff,
V.
STEPHEN C. CASSEL and
ROXANE E. CASSEL,
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
File No.
02-7275
NO. 02-1531 CIVIL TERM
AFFIDAVIT UNDER PA. RCP RULE 3129
Manufacturers & Traders Trust Company, Trustee for
Securitization Series 1997-3, Agreement dated 06-01-97, By and
Through its Loan Servicing Agent, Fairbanks Capital Corp.,
Plaintiff in the above captioned mortgage foreclosure action, sets
forth as of the date the praecipe for the Writ of Execution was
filed, the following information concerning the real property
located at 192 Texaco Road, Mechanicsburg, within Silver Springs
Township, Cumberland County, Pennsylvania, was true and correct to
the best of its knowledge, information and belief.
1. Name and address of each Owner and/or Reputed Owner:
Stephen C. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
Roxane E. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
2. Name and address of each Defendant named in the judgment:
Stephen C. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
Roxane E. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the real property to be sold:
None
4. Name and address of the last recorded holder of every mortgage
of record:
Manufacturers & Traders Trust Company, as Trustee, Plaintiff
338 South Warminster Drive
Hatboro, PA 19040
Pennsylvania Housing Finance Agency
2101 North Front Street
P.O. Box 15530
Harrisburg, PA 17105-5530
5. Name and address of every other person or entity which has any
record lien on the property:
None
6. Name and address of every other person or entity which has any
record interest in the property and whose interest may be
affected by the sale:
Deborah Wiest, Tax Collector
269 Woods Drive
Mechanisburg, PA 17050
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17103
7. Name and address of every other person of whom the Plaintiff
has knowledge who may have an interest in the property which
may be affected by the sale:
Tenant/Occupant
192 Texaco Road
Mechanicsburg, PA 17055
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, 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.
Date: June 3, 2002
THE LAW OFFICES OF BARBARA 4. FEIN, P.C.
BY:
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Barbara A. Fein, Esquire
Attorney for P1 ntiff
Attorney I.D. N . 53002
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for
Securitization Series 1997-3,
Agreement dated 06-01-97, By
and Through its Loan Servicing
Agent, Fairbanks Capital
Corp.,
Plaintiff,
V.
STEPHEN C. CASSEL and
ROXANE E. CASSEL,
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
File No.
02-7275
NO. 02-1531 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Stephen C. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
Roxane E. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
Your house at 192 Texaco Road, Mechanicsburg, within Silver Springs
Township, Cumberland County, Pennsylvania is scheduled to be sold
by the Cumberland County Sheriff's Department on September 4, 2002
at the Cumberland County Court House, 1 Courthouse Square,
Carlisle, Pennsylvania, to enforce the Court judgment of
$218,178.33 obtained by Plaintiff, Manufacturers & Traders Trust
Company, Trustee for Securitization Series 1997-3, Agreement dated
06-01-97, By and Through its Loan Servicing Agent, Fairbanks
Capital Corp., against you.
NOTICE OF OWNERS' RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate
action:
1. This sale will be canceled if you pay to Plaintiff
Mortgagee the back payments, late charges, costs and reasonable
attorneys' fees due. To find out how much you must pay, you may
call Kristen J. DiPaolo, Esquire at (215) 653-7450.
2. You may be able to stop the sale by filing a petition
asking the Court to strike or open the Judgment, if the judgment
was improperly entered. You may also ask the Court to postpone the
sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner
you contact one, the more chance you will have of stopping the
sale. (See notice 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 TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will
be sold to the highest bidder. You may find out the price bid by
calling Kristen J. DiPaolo, Esquire at (215) 653-7450, or by
calling the Cumberland County Sheriff's Department 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 bid in the sale. To find out if this has
happened, you may call Kristen J. DiPaolo, Esquire at (215) 653-
7450, or by calling the Cumberland County Sheriff's Department at
(717) 240-6390.
4. If the amount due from the buyer is not paid to the
Cumberland County Sheriff, you will remain the owner of the
property as if the sale had never happened.
5. You have the right to remain in the property until the
full amount due is paid to the Sheriff and the Sheriff gives a deed
to the buyer. At that time, the buyer may bring legal proceedings
to evict you.
6. You may be entitled to a share of the money which was
paid for your house. A schedule of distribution of the money bid
for your house will be filed by the Cumberland County Sheriff on or
about thirty (30) days from the date of Sheriff's 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 distribution sheet is
posted.
7. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
Premises: 192 TEXACO ROAD, TOWNSHIP OF SILVER SPRING
CUMBERLAND COUNTY
PENNSYLVANIA
ALL THAT CERTAIN lot of land situate in Silver Spring Township, County of Cumberland and
Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the centerline of Texaco Road at the Southeast comer of Lot No. 4 on the
hereinafter mentioned Plan of Lots, which point is 858.5 feet from the centerline of Hempt Road; thence
along Lot No. 4 on the said Plan of Lots, North 47 degrees 30 minutes West, 291.07 feet to an iron
pin at line of lands now or formerly of Flight Systems, Inc.; thence along said lands, North 47 degrees
39 minutes East, a distance of 295.53 feet to an iron pin at line of lands now or formerly of Marlin H.
Eichelberger; thence along said lands now or formerly of Marlin H. Eichelberger, South 43 degrees 42
minutes East, 265.17 feet to the centerline of Texaco Road (which point is 582.5 feet from the
centerline of Hempt Road); thence along said centerline, South 42 degrees 30 minutes West, a distance
of 276.0 feet to a point, the place of beginning.
BEING Lot No. 1 on the Final Resubdivision Plan for John B. Kreamer, dated March 18, 1982 and
recorded in Plan Record Book 42, Page 47, Cumberland County records.
HAVING thereon erected a dwelling house and garage known and numbered as 192 Texaco Road
TAX PARCEL #21-0295-026
TITLE TO SAID PREMISES IS VESTED IN Stephen C. Cassel and Roxane E. Cassel, husband
and wife by Deed from Dale E. Johnson and Dorothy M. Johnson, husband and wife and Newton
W. Crouse and Paula C. Crouse, husband and wife dated 2/17/1994 and recorded 2/24/1995 in
Deed Book 118, Page 1039.
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Manufacturers & Traders Trust Company,
Trustee for Securitization Series 1997-3,
Agreement dated 06-01-97, by and through
Its Loan Servicing Agent, Fairbanks
Capital Corp.
VS
Stephen C. Cassel and Roxane E. Cassel
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-1531 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Barbara Fein.
Sheriff's Costs
Docketing 30.00
Surcharge 30.00
Law Library .50
Prothonotary 1.00
Mileage 11.04
Levy 15.00
Advertising 15.00
Posting Handbills 15.00
Share of Bills 25.20
Poundage 2.91
Certified Mail 2.52
$148.17 paid by attorney
07/23/02
Sworn and subscribed to before me So
This a?i,r day of
2002, A.D. d R. Thomas Kline, Sheriff
C
Prothonotary BY0
Real tate Deputy
j'sD
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1531 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST
COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1997-3, AGREEMENT DATED 6/1/97,
BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP.,
Plaintiff (s)
From STEPHEN C. CASSEL AND ROXANE E. CASSEL,192 TEXACO ROAD,
MECHANICSBURG, PA 17055
(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 gamishee(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 $218,178.33
L.L. $.50
Interest FROM 5/15/02 THROUGH 9/4/02
Atty's Comm %
Arty Paid $122.90
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: JUNE 4, 2002
REQUESTING PARTY:
Name BARBARA A. FEIN, ESQUIRE
Address: 425 COMMERCE DRIVE, SUITE 100
FORT WASHINGTON, PA 19034
Attorney for: PLAINTIFF
Telephone: 215-653-7450
CURTIS R. LONG
Prothonotary, Civil Division
Supreme Court ID No. 53002
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By
and Through its Loan Servicing Agent,
Fairbanks Capital Corp.,
Plaintiff,
COURT OF COMMON PLEAS
NO. 02-1531 CIVIL TERM
V.
STEPHEN C. CASSEL
and ROXANE E. CASSEL,
Defendant(s).
PRAECIPE TO ISSUE WRIT OF EXECUTION
(MORTGAGE-FORECLOSURE)
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland
County, against STEPHEN C. CASSEL and ROXANE E. CASSEL, Defendant(s), and real property
situated at 192 Texaco Road, within Silver Springs Township, Cumberland County, Pennsylvania
17055.
AMOUNTDUE
INTEREST FROM May 15, 2002
Through September 3, 2003
$218,178.33
17,033.50
COSTS TO BE ADDED
THE LAW OFFICES OF BARBARA A.
BY:
Barbara A. Fein, Esquire
Attomey I.D. No. 53002
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
P.C.
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By
and Through its Loan Servicing Agent,
Fairbanks Capital Corp.,
Plaintiff,
V.
STEPHEN C. CASSEL
and ROXANE E. CASSEL,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1531 CIVIL TERM
AFFIDAVIT UNDER PA. RCP RULE 3129
File No.02-7375
Manufacturers & Traders Trust Company, Trustee for Securitization Series 1997-3,
Agreement dated 06-01-97, By and Through its Loan Servicing Agent, Fairbanks Capital Corp.,
Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe
for the Writ of Execution was filed, the following information concerning the real property located
at 192 Texaco Road, Mechanicsburg, within Silver Springs Township, Cumberland County,
Pennsylvania, was true and correct to the best of its knowledge, information and belief.
I • Name and address of each Owner and/or Reputed Owner:
Stephen C. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
Roxane E. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
2. Name and address of each Defendant named in the judgment:
Stephen C. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
Roxane E. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
None.
4. Name and address of the last recorded holder of every mortgage of record:
Manufacturers & Traders Trust Company, Trustee Plaintiff
c/o Fairbanks Capital Corp.
338 South Warminster Road
P.O. Box 1900
Hatboro, PA 19040
Pennsylvania Housing Finance Agency
2101 North Front Street
Harrisburg, PA 17105
5. Name and address of every other person or entity which has any record lien on the property:
None
6. Name and address of every other person or entity which has any record interest in the
property and whose interest may be affected by the sale:
Dorothy L Mott
125 State Street
Harrisburg, PA 17101
Sears Roebuck & Co
P O Box 3671
Des Moines, IA 50322
Beneficial Consumer Discount Co
P O Box 9055
Brandon, FL 33509-9055
Susquehanna Valley Federal Credit
c/o Robert D Kodak Esq
PO Box 11848
Harrisburg, PA 17108-1848
Sherman Acquisition Lp
Resurgent Capital Services
PO Box 10587
Greenville, SC 29603-0587
Capital One Bank
PO Box 85167
Richmond, VA 23285
Silver Spring Twp. Authority
6415 Rear Carlisle Pike
Mechanicsburg, PA 1705
Deborah Basehore Wiest, Tax Collector
269 Woods Drive
Mechanisburg, PA 17050
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17103
Name and address of every other person of whom the Plaintiffhas knowledge who may have
an interest in the property which may be affected by the sale:
Tenant/Occupant
192 Texaco Road
Mechanicsburg, PA 17055
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities.
Date: May 17, 2003
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: Cal( A-d
Barbara A. Fein, Esqi
Attorney for Plaintiff
Attorney I.D. No. 534
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By
and Through its Loan Servicing Agent,
Fairbanks Capital Corp.,
Plaintiff,
V.
STEPHEN C.CASSEL
and ROXANE E. CASSEL,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1531 CIVIL, TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Stephen C. Cassel
192 Texaco Road 19Roxane 2 Texaco E. Cassel
Mechanicsburg, PA 17055 192 Texaco Road
Mechanicsburg, PA 17055
File No.02-7375
Your house at 192 Texaco Road, within Silver Springs Township, Cumberland County,
Pennsylvania is scheduled to be sold by the Cumberland County Sheriffs Department on
September 3, 2003 at the Cumberland County Court House, I Courthouse Square, Carlisle,
Pennsylvania, to enforce the Court judgment of $218,178.33 obtained by Plaintiff, Manufacturers
& Traders Trust Company, Trustee for Securitization Series 1997-3, Agreement dated 06-01-97, By
and Through its Loan Servicing Agent, Fairbanks Capital Corp., against you.
NOTICE OF OWNERS' RIGHTS
To prevent this Sheriffs Sale, you must take immediate
1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late
charges, costs and reasonable attorneys' fees due. To find out how much you must pay,
Kristen J. DiPaolo, Esquire at (215) 653-7450. You may call
2. You may be able to stop the sale by filing a petition asking the Court to strike or open
the Judgment,
sale for if the judgment was improperly entered. You may also ask the Court to postpone the
good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice below on how to obtain an attorney).
t. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price bid by calling Kristen J. DiPaolo, Esquire at (215) 653-7450, or by
calling the Cumberland County Sheriffs Department 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 bid in the
sale. To find out if this has happened, you may can Kristen J. DiPaolo, Esquire at (215) 653-7450,
or by calling the Cumberland County Sheriffs Department at (717) 240-6390.
4. If the amount due from the buyer is not paid to the Cumberland County Sheriff, you
will remain the owner of the property as if the sale had never happened.
5. You have the right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings
to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
schedule of distribution of the money bid for your house will be filed by the Cumberland County
Sheriff on or about thirty (30) days from the date of 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 Sheriffwithin ten (10)
days after the distribution sheet is posted.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
Premises: 192 TEXACO ROAD, TOWNSHIP OF SILVER SPRING
CUMBERLAND COUNTY
PENNSYLVANIA
DESCRIPTION
ALL THAT CERTAIN lot of land situate in Silver Spring Township, County of Cumberland and
Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the centerline of Texaco Road at the Southeast corner of Lot No. 4 on the
hereinafter mentioned Plan of Lots, which point is 858.5 feet from the centerline of Hempt Road; thence
along Lot No. 4 on the said Plan of Lots, North 47 degrees 30 minutes West, 291.07 feet to an iron
pin at line of lands now or formerly of Flight Systems, Inc.; thence along
said lands, North 47 degrees
39 minutes East, a distance of 295.53 feet to an iron pin at line of lands ,now or formerly of Marlin H.
Eichelberger; thence along said lands now or formerly of Marlin H. Eichelberger, South 43 degrees 42
minutes East, 265.17 feet to the centerline of Texaco Road (which point is 582.5 feet from the
centerline of Hempt Road); thence along said centerline, South 42 degrees 30 minutes west, a distance
of 276.0 feet to a point, the place of beginning.
BEING Lot No. 1 on the Final Resubdivision Plan for John B. Kreamer, dated March 18, 1982 and
recorded in Plan Record Book 42, Page 47, Cumberland County records.
HAVING thereon erected a dwelling house and garage known and numbered as 192 Texaco Road.
TAX PARCEL #21-0295-026
TITLE TO SAID PREMISES IS VESTED IN Stephen C. Cassel and Roxane E. Cassel, husban d
and wife by Deed from Dale E. Johnson and Dorothy M. Johnson, husband and wife and Newton
W. Crouse and Paula C. Crouse, husband and wife dated 2/17/1994 and recorded 2/24/1995 in
Deed Book 118, Page 1039.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-1531 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST
COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1997-3, AGREEMENT DATED 06-01-
97, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP.,
Plaintiff (s)
From STEPHEN C. CASSEL AND ROXANE E. CASSEL
(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 gamishee(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 $218,178.33 L.L.
Interest FROM MAY 15, 2002 THROUGH SEPTEMBER 3, 2003 - $17,033.50
Arty's Comm % Due Prothy $1.00
Arty Paid $283.57 Other Costs
Plaintiff Paid
Date: JUNE 11, 2003
CURTIS R. LONG
Prothonot
/
(Seal) L Fty /!? ? ?
Deputy
REQUESTING PARTY:
Name BARBARA A. FEIN, ESQUIRE
Address: 425 COMMERCE DRIVE, SUITE 100
FORT WASHINGTON, PA 19034
Attorney for: PLAINTIFF
Telephone: 215-653-7450
Supreme Court ID No. 53002
y ..
i
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
Suite 100, 425 Commerce Drive
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By
and Through its Loan Servicing Agent,
Fairbanks Capital Corp.,
Plaintiff,
V.
STEPHEN C. CASSEL
and ROXANE E. CASSEL,
Defendants.
File No. 02-7375
Loan No.2043169495
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1531 CIVIL TERM
AFFIDAVIT OF SERVICE
I, Jessica McVittie, Paralegal to Barbara A. Fein, Esquire, Attorney for the Plaintiff,
Manufacturers & Traders Trust Company, Trustee for Securitization Series 1997-3, Agreement dated
06-01-97, By and Through its Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that I
have served a true and correct copy of the Notice of Sheriffs Sale of Real Property on the
Defendants, Stephen C. Cassel and Roxane E. Cassel on July 8, 2003, by certified mail, postage pre-
paid, and evidenced by the return receipt executed by the Defendant, Stephen C. Cassel, originals
of which are attached hereto.
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
Sworn to before me this J ica McVittie, Paralegal to
28th day of July , 2003. arbara A. Fein, Esquire
r Attorney for Plaintiff'
;Notary Public
NOTARIAL SEAL i
JOAN BERNSTEIN. Notary Public
Upper Dublin Twp., Montgomery County
My Commission Expires December 26, 2005
r
I-
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Roxane E. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
Signatu
X ! ?, Agent
? Addressee
Rece' y (Pri Name C. ate of Delivery
D. Is delivery ant from R1:m 1? ? Yes
If YES,?pp ss below: ?O
r &IX
'8
3. Se
rtifi ?43*piess Mai}
11 Registered Return % etpt for erchandise
? Insured Mail ? C.O.D. `"
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7002 2410 0006 3419 2427
(Transfer from se
PS Form 3811, 2001 Domestic Return Receipt 0 5-0241540
O _ ?s !UM
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
X t' ? Agent
? Addre
B. Rece by rinted Name)) PCYDate of Deli
D. Is de live ff? from item 1? ? Yes
If YE ewer delivery a below:
d?to
Stephen C. Cassel
192 Texaco Road '.?
Mechanicsburg, PA 17055 3. se ' °9ad ,- .?
Certified Mail 13 Ex Mai '-
l
P
? Registered ?leturn R ?r Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer from si 7 0 0 2 2 410 0006 3 419 2 410
PS Form 3811, Augu t 2001 Domestic Return Receipt 02-M-1540
Ctlsse.? CQ-?37.s UMS , ,ors si .
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By
and Through its Loan Servicing Agent,
Fairbanks Capital Corp.,
Plaintiff,
V.
STEPHEN C. CASSEL
and ROXANE E. CASSEL,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-15:31 CIVIL TERM
AMENDED AFFIDAVIT UNDER PA. RC:P R29
File No.02-7375
Manufacturers & Traders Trust Company, Trustee for Securitization Series 1997-3,
Agreement dated 06-01-97, By and Through its Loan Servicing; Agent, Fairbanks Capital Corp.,
Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe
for the Writ of Execution was filed, the following information concerning the real property located
at 192 Texaco Road, Mechanicsburg, within Silver Springs Township, Cumberland County,
Pennsylvania, was true and correct to the best of its knowledge, information and belief.
I • Name and address of each Owner and/or Reputed Owner:
Stephen C. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
Roxane E. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
2. Name and address of each Defendant named in the judgment:
Stephen C. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
Roxane E. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
3. Name and last known address of everyjudgment creditor whose judgment is a record lien
on the real property to be sold:
None.
4. Name and address of the last recorded holder of every mortgage of record:
Manufacturers & Traders Trust Company, Trustee Plaintiff
c/o Fairbanks Capital Corp.
338 South Warminster Road
P.O. Box 1900
Hatboro, PA 19040
Pennsylvania Housing Finance Agency
2101 North Front Street
Harrisburg, PA 17105
Name and address of every other person or entity which has any record lien on the property:
None
6. Name and address of every other person or entity which has any record interest in the
property and whose interest may be affected by the sale:
Dorothy L Mott
125 State Street
Harrisburg, PA 17101
Sears Roebuck & Co
P O Box 3671
Des Moines, IA 50322
Beneficial Consumer Discount Co
P O Box 9055
Brandon, FL 33509-9055
Susquehanna Valley Federal Credit
c/o Robert D Kodak Esq
PO Box 11848
Harrisburg, PA 17108-1848
Sherman Acquisition Lp
Resurgent Capital Services
PO Box 10587
Greenville, SC 29603-0587
Capital One Bank
PO Box 85167
Richmond, VA 23285
Silver Spring Twp. Authority
6415 Rear Carlisle Pike
Mechanicsburg, PA 1705
Deborah Basehore Wiest, Tax Collector
269 Woods Drive
Mechanisburg, PA 17050
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17103
7. Name and address of every other person of whom the Plaintiffhas knowledge who may have
an interest in the property which may be affected by the sale:
Tenant/occupant
192 Texaco Road
Mechanicsburg, PA 17055
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
Commonwealth of Pennsylvania
Department of Revenue
Inheritance Tax Division
Bureau of Compliance
ATTN: Jeff Griffin, Esquire
Department #280946
Harrisburg, PA 17128
The Internal Revenue Service
Special Procedures Branch
Federated Investors Tower
Thirteenth Fl., Suite 1300
1001 Liberty Ave.
Pittsburgh, PA 15222
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities.
Date: August 22, 2003
THE LAW OFFICES OF BARBARA A. FVOIN, P.C.
BY: ?- R X U
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
-o - .
rTl
N ci
(JA
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein / I.D. No. 53002
Kristen J. DiPaolo / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By
and Through its Loan Servicing Agent,
Fairbanks Capital Corp.,
Plaintiff,
V.
STEPHEN C. CASSEL
and ROXANE E. CASSEL,
Defendants.
File No.02-7375
Loan No. 2043169495
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1531 CIVIL TERM
CERTIFICATION OF NOTICES OF SALE TO LIES ERS
I, Jessica McVittie, Paralegal to Barbara A. Fein, Esquire, attorney for Plaintiff, hereby
certify that upon information and belief, diligent efforts have been made to identify all
persons/entities having mortgages, judgments, liens, or other interest in the subject premises of the
foreclosure proceeding, and that such persons/entities have been sent Notices of Sheriffs Sale
(attached hereto as Exhibit "A") and that said Notices were duly served upon them in accordance
with Pennsylvania Rule of Civil Procedure Rule 3129. (Proof of mailing with a postmark date of
July 29, 2003 is appended hereto and incorporated herein by reference as Exhibit "B").
I declare under penalty of perjury that the foregoing is true and correct.
August 22, 2003
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: J ica McVittie, Paralegal
t Barbara A. Fein, Esquire
Attorney for Plaintiff
cc. Cumberland County Sheriffs Department
THE LAW OFFICES OF
BARBARA A. FEIN, P.C. PITTSBURGH OFFICE
Suite 100 110 Atwood Street, No. 680
NEW JERSEY OFFICE
425 COI[nClerCe Drive
PA 15213
Pittsburgh
905 North Kings Highway
Cherry Hill, NJ 08034-1569 For( Washington, PA 19034 -
(412) 361-8286
(856) 596-5552 (215) 653-7450
File No. 02-7375
Barbara A. Fein, Esquire FAX: (215) 653-7454
Kristen J. DiPaolo, Esquire
Member of Pennsylvania July 22, 2003
and New Jersey Bars
NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE
Improvements:
TO: All Parties in Interest and Claimants A Residential Dwelling House
STEPHEN C. CASSEL with Garage
OWNER(S):
ROXANE E. CASSEL Cumberland County
Court of Common Pleas
wit
PROPERTY: 192 Texaco Road No. 02-1531 CIVIL TERM
within Silver Springs Township
County of Cumberland, PA 17055
Please be advised that the above captioned property (and any improvements thereon) is scheduled
to be sold by the Cumberland County Sheriff s Department on September 3, 2003 at the Cumberland
County Court House, 1 Courthouse Square, Carlisle, Pennsylvania. This sale is scheduled pursuant
to a judgment entered in the amount of $218,178.33 in the Court of Common Pleas for Cumberland
County.
Our records indicate that you may hold a mortgage or judgment on the property which may be
extinguished (removed) by the sale. You may wish to attend the sale to protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than
thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within ten (10) days after the filing; of the schedule. You may call the
Cumberland County Sheriffs Department at (717) 240-6390 for the date on which the distribution
schedule will be posted.
Sincerely,
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: A ..A e i r LULL
Barbara A. Fein, Esgt
Attorney for Plaintiff
Premises: 192 TEXACO ROAD, TOWNSHIP OF SILVER SPRING
CUMBERLAND COUNTY
PENNSYLVANIA
DESCRIPTION
ALL THAT CERTAIN lot of land situate in Silver Spring Township, County of Cumberland and
Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the centerline of Texaco Road at the Southeast comer of Lot No. 4 on the
hereinafter mentioned Plan of Lots, which point is 858.5 feet from the centerline of Hempt Road; thence
along Lot No. 4 on the said Plan of Lots, North 47 degrees 30 minutes West, 291.07 feet to an iron
pin at line of lands now or formerly of Flight Systems, Inc.; thence: along said lands, North 47 degrees
39 minutes East, a distance of 295.53 feet to an iron pin at line of lands now or formerly of Marlin H.
Eichelberger; thence along said lands now or formerly of Marlin H. Eichelberger, South 43 degrees 42
minutes East, 265.17 feet to the centerline of Texaco Road (which point is 582.5 feet from the
centerline of Hempt Road); thence along said centerline, South 42 degrees 30 minutes West, a distance
of 276.0 feet to a point, the place of beginning.
BEING Lot No. 1 on the Final Resubdivision Plan for John B. Kreamer, dated March 18, 1982 and
recorded in Plan Record Book 42, Page 47, Cumberland County :records.
HAVING thereon erected a dwelling house and garage known and numbered as 192 Texaco Road.
TAX PARCEL #21-0295-026
TITLE TO SAID PREMISES IS VESTED IN Stephen C. Cassel and Roxane E. Cassel, husband
and wife by Deed from Dale E. Johnson and Dorothy M. Johnson, husband and wife and Newton
W. Crouse and Paula C. Crouse, husband and wife dated 2/1711994 and recorded 2/24/1995 in
Deed Book 118, Page 1039.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND } SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Manufactures & Traders Tr Co tr for Securitization Series 1997-3 is the
grantee the same having been sold to said grantee on the 3rd day of Sent A.D., 2003, under and by virtue
of a writ Execution issued on the 11th day of June, A.D., 2003, out of the Court of Common Pleas of
said County as of Civil Term, 2002 Number 1531, at the suit of Manufactures & Traders Tr Co tr for
Securitization series 1997-3 against Stephen C Cassel & Roxane E is duly recorded in Sheriff's Deed
Book No. 259, Page 4471.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
o , A.l
LPl ?c
day of
of Deeds
=211
Manufacturers & Traders Trust Company In The Court of Common Pleas of
Trustee for Securitization Series 1997-3 Cumberland County, Pennsylvania
Agreement Dated 06-01-97, By and Writ No. 2002-1531 Civil Term
Through its Loan Servicing Agent,
Fairbanks Capital Corp.
VS
Stephen C. Cassel and Roxane E. Cassel
Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on
June 27, 2003 at 6:25 o'clock PM, 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: Stephen C. Cassel, by making known unto Stephen Cassel personally, at 192 Texaco
Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same
time handing to him personally the said true and correct copy of the same.
Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on
June 27, 2003 at 6:25 o'clock PM, 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: Roxane E. Cassel, by making known unto Stephen Cassel, husband of defendant, at
192 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at
the same time handing to him personally the said true and correct copy of the same.
Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states
that on July 9, 2003 at 10:22 o'clock A.M., she posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Stephen C. Cassel and Roxane E. Cassel located at 192 Texaco Road,
Mechanicsburg, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Stephen C. Cassel, by regular mail to his last known address
of 192 Texaco Road, Mechanicsburg, PA 17055. This letter was mailed under the date of
July 7, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Roxane E. Cassel, by regular mail to her last known address of
192 Texaco Road, Mechanicsburg, PA 17055. This letter was mailed under the date of
July 7, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who 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 Courthouse, Carlisle, Cumberland
County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for
the sum of $65,000.00 to Attorney Barbara A. Fein for Manufacturers & Traders Trust
Company, Trustee for Securitization Series 1997-3, Agreement dated 06-01-97. It being
the highest bid and best price received for the same, Manufacturers & Traders Trust
Company, Trustee for Securitization Series 1997-3, Agreement Dated 06-01-97 of One
M & T Plaza, Buffalo, NY 14203, being the buyer in this execution, paid to Sheriff R.
Thomas Kline the sum of $11,500.00.
Sheriffs Costs
Docketing $30.00
Poundage 1,300.00
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library
Prothonotary 1.00
Mileage 12.42
Levy 15.00
Surcharge 30.00
Law Journal 325.85
Patriot News 235.18
Share of Bills 28.90
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$2112.85
Sworn and subscribed to before me So Ans rs:
This ,2-7^ [day of ? ?
nn _ R. Thomas Kline, Sheriff
2003, A.D. '
rothonotary BY ?j;? ?t YLl C
Real Estate Deputy
30 ?
1.
PI-11-
(')L ,,255(
143/3
SCHEDULE OF DISTRIBUTION
SALE NO. 64
Date Filed: October 3, 2003
Writ No. 2002-1531 Civil Term
Manufacturers & Traders Trust Company, Trustee for Securitization Series 1997-3,
Agreement dated 06-01-97 by and through its Loan Servicing Agent, Fairbanks Capital
VS
Stephen C. Cassel and Roxane E. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
Sale Date: September 3, 2003
Buyer: Manufacturers & Traders Trust Company, Trustee for Securitization
Series 1992-3, Agreement dated 06-01-97
Bid Price: $65,000.00
Real Debt: $218,178.33
Interest: 17,033.50
Attorney Costs: 283.57
Total: $235,495.40
DISTRIBUTION:
Receipts:
Cash on account (06/17/03): $1,500.00
Cash on account (09/03/03): 10,000.00
Credit Writ No. 2002-1531: 53,500.00
Total Receipts: $65,000.00
Disbursements:
Sheriffs Costs
$ 2,112.85
Legal Search 200.00
Cumberland County Tax Claim Bureau 1,907.42
Local Tax Collector, Debra Basehore 1,698.55
Attorney Barbara Fein 5,581.18
Credit Writ No. 2003-1698 53,500.00
Total Disbursements:
Balance for distribution:
So Answers:
($65 000.00
0.00
R. Thomas Kline
Sheriff
TITLE REPORT
THE PREMIS177S ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 64
Held Wednesday, September 3, 2003 Date: September 3, 2003
TAXES: Receipts for all taxes for the years 2000 to 2002 inclusive. Taxes for the current year
2003.
WATER RENT: Company assumes no liability for private supply of water or sewer.
SEWER RENT Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated 2003, and recorded
2003, in Cumberland County Deed Book Page
RECITAL: Being the same premises which Dale E. Johnson and Dorothy M. Johnson, his wife
and Newton W. Crouse and Paula C. Crouse, his wife, by deed dated February 17, 1994 and
recorded February 24, 1994 in the Office of the Recorder of Deeds in and for Cumberland County,
at Carlisle, Pennsylvania, in Deed Book 118, Page 1039, granted and conveyed to Stephen C.
Cassel and Roxane E. Cassel, his wife.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed of Texaco Road, dedicated 30 feet from the
center line.
6. Building and use conditions, and restrictions as set forth on the Final Resubdivision Plan
for John B. Kreamer, recorded in Cumberland County Plan Book 42, Page 47.
7. Mortgage in the amount of $195,500.00 given by Stephen D. Cassel and Roxane E.
Cassel to Fairbank Mortgage Banker's Corporation dated February 24, 1997 and
recorded February 27, 1997 in Mortgage Book 1367, Page 156 Said mortgage being
assigned to Manufacturers and Traders Trust Company by instrument recorded in
Miscellaneous Record Book 701, Page 449.
Complaint in mortgage foreclosure filed by Manufacturers and Traders Trust Company
as Plaintiff against Stephen C. Cassel and Roxane E. Cassel, as Defendants on April 1,
2002 in the Office of the Prothonotary of Cumberland County to file No. 2002-1531.
Judgment in the amount of $218,178.33 entered May 15, 2002.
8. Mortgage in the amount of 23,500.00 given by Stephen C. Cassel and Roxane E. Cassel
to Pennsylvania Housing Finance Agency dated July 13, 2001 and recorded August 29,
2001 in Mortgage Book 1731, Page 4174.
9. Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff's sale.
10. Real estate taxes accruing on and after January 1, 2004 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has
any search been made for environmental liens in Federal District Court.
f'vJJA-
Robert G. Frey, Agent
Note: This Title Report shall not v id or binding
until countersigned by an authori ignatory.
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
COURT OF COMMON PLEAS
MANUFACTURERS & TRADERS TRUST CUMBERLAND COUNTY
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By
and Through its Loan Servicing Agent, NO. 02-1531 CIVIL TERM
Fairbanks Capital Corp.,
Plaintiff,
V.
STEPHEN C. CASSEL
and ROXANE E. CASSEL,
Defendant.
AFFIDAVIT UNDER PA. RCP RULE 3129
File No.02-7375
Manufacturers & Traders Trust Company, Trustee for Securitization Series 1997-3,
Agreement dated 06-01-97, By and Through its Loan Servicing Agent, Fairbanks Capital Corp.,
Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe
for the Writ of Execution was filed, the following information concerning the real property located
at 192 Texaco Road, Mechanicsburg, within Silver Springs Township, Cumberland County,
Pennsylvania, was true and correct to the best of its knowledge, information and belief.
Name and address of each Owner and/or Reputed Owner:
Stephen C. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
Roxane E. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
2. Name and address of each Defendant named in the judgment:
Stephen C. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
Roxane E. Cassel
192 Texaco Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
None.
4. Name and address of the last recorded holder of every mortgage of record:
Manufacturers & Traders Trust Company, Trustee Plaintiff
c/o Fairbanks Capital Corp.
338 South Warminster Road
P.O. Box 1900
Hatboro, PA 19040
Pennsylvania Housing Finance Agency
2101 North Front Street
Harrisburg, PA 17105
5. Name and address of every other person or entity which has any record lien on the property:
None
6. Name and address of every other person or entity which has any record interest in the
property and whose interest may be affected by the sale:
Dorothy L Mott
125 State Street
Harrisburg, PA 17101
Sears Roebuck: & Co
P O Box 3671
Des Moines, 1A 50322
Beneficial Consumer Discount Co
P O Box 9055
Brandon, FL 33509-9055
Susquehanna Valley Federal Credit
c/o Robert D Kodak Esq
PO Box 11848
Harrisburg, PA 17108-1848
Sherman Acquisition Lp
Resurgent Capital Services
PO Box 10587
Greenville, SC 29603-0587
Capital One Burk
PO Box 85167
Richmond, VA 23285
Silver Spring Twp. Authority
6415 Rear Carlisle Pike
Mechanicsburg, PA 1705
Deborah Basehore Wiest, Tax Collector
269 Woods Drive
Mechanisburg, PA 17050
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17103
7. Name and address of every other person of whom the Plaintiff has knowledge who may have
an interest in the property which may be affected by the sale:
Tenant/Occupant
192 Texaco Road
Mechanicsburg, PA 17055
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA. 17105
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities.
Date: May 17, 2003
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: C ?>a-Ld)LUO?
/-
Barbara A. Fein, Esqu e
Attorney for rr
Attorney I.D. No. 53 02
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
MANUFACTURERS & TRADERS TRUST
COMPANY, Trustee for Securitization Series
1997-3, Agreement dated 06-01-97, By
and Through its Loan Servicing Agent,
Fairbanks Capital Corp.,
Plaintiff,
V.
STEPHEN C.CASSEL
and ROXANE E. CASSEL,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1531 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Stephen C. Cassel Roxane E. Cassel
192 Texaco Road 192 Texaco Road
Mechanicsburg, PA 17055 Mechanicsburg, PA 17055
File No.02-7375
Your house at 192 Texaco Road, within Silver Springs Township, Cumberland County,
Pennsylvania is scheduled to be sold by the Cumberland County Sheriffs Department on
September 3, 2003 at the Cumberland County Court House, 1 Courthouse Square, Carlisle,
Pennsylvania, to enforce the Court judgment of $218,178.33 obtained by Plaintiff, Manufacturers
& Traders Trust Company, Trustee for Securitization Series 1997-3, Agreement dated 06-01-97, By
and Through its Loan Servicing Agent, Fairbanks Capital Corp., against you.
NOTICE OF OWNERS' RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late
charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call
Kristen J. DiPaolo, Esquire at (215) 653-7450.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open
the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice 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 TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price bid by calling Kristen J. DiPaolo, Esquire at (215) 653-7450, or by
calling the Cumberland County Sheriffs Department 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 bid in the
sale. To find out if this has happened, you may call Kristen J. DiPaolo, Esquire at (215) 653-7450,
or by calling the Cumberland County Sheriffs Department at (717) 240-6390.
4. If the amount due from the buyer is not paid to the Cumberland County Sheriff, you
will remain the owner of the property as if the sale had never happened.
5. You have the right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings
to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
schedule of distribution of the money bid for your house will be filed by the Cumberland County
Sheriff on or about thirty (30) days from the date of 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 Sheriffwithin ten (10)
days after the distribution sheet is posted.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
Premises: 192 TEXACO ROAD, TOWNSHIP OF SILVER SPRING
CUMBERLAND COUNTY
PENNSYLVANIA
DESCRIPTION
ALL THAT CERTAIN lot of land situate in Silver Spring Township, County of Cumberland and
Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the centerline of Texaco Road at the Southeast comer of Lot No. 4 on the
hereinafter mentioned Plan of Lots, which point is 858.5 feet from the centerline of Hempt Road; thence
along Lot No. 4 on the said Plan of Lots, North 47 degrees 30 minutes West, 291.07 feet to an iron
pin at line of lands now or formerly of Flight Systems, Inc.; thence along said lands, North 47 degrees
39 minutes East, a distance of 295.53 feet to an iron pin at line of lands now or formerly of Marlin H.
Eichelberger; thence along said lands now or formerly of Marlin H. Eichelberger, South 43 degrees 42
minutes East, 265.17 feet. to the centerline of Texaco Road (which point is 582.5 feet from the
centerline of Hempt Road); thence along said centerline, South 42 degrees 30 minutes West, a distance
of 276.0 feet to a point, the place of beginning.
BEING Lot No. 1 on the Final Resubdivision Plan for John B. Kreamer, dated March 18, 1982 and
recorded in Plan Record Book 42, Page 47, Cumberland County records.
HAVING thereon erected a dwelling house and garage known and numbered as 192 Texaco Road.
TAX PARCEL #21-0295-026
TITLE TO SAID PREMISES IS VESTED IN Stephen C. Cassel and Roxane E. Cassel, husband
and wife by Deed from Dale E. Johnson and Dorothy M. Johnson, husband and wife and Newton
W. Crouse and Paula C. Crouse, husband and wife dated 2/17/1994 and recorded 2/24/1995 in
Deed Book 118, Page 1039.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA).
COUNTY OF CUMBERLAND)
NO 02-1531 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST
COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1997-3, AGREEMENT DATED 06-01-
97, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP.,
Plaintiff (s)
From STEPHEN C. CASSEL AND ROXANE E. CASSEL
(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 gamishee(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 $218,178.33
L.L.
Interest FROM MAY 15, 2002 THROUGH SEPTEMBER 3, 2003 - $17,033.50
Arty's Comm %
Arty Paid $283.57
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: JUNE 11, 2003
(Seal)
CURTIS R. LONG
Prothonota
Deputy
REQUESTING PARTY:
Name BARBARA A. FEIN, ESQUIRE
Address: 425 COMMERCE DRIVE, SUITE 100
FORT WASHINGTON, PA 19034
Attorney for: PLAINTIFF
Telephone: 215-653-7450
Supreme Court ID No. 53002
Real Estate Sale # 64
On June 17, 2003 the sheriff levied upon the
defendant's interest in the real property situated in
Silver Spring Township, Cumberland County, PA
known and numbered as 192 Texaco Road,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: June 17, 2003 By: JJ,?5ilu(t I
Real Estatib Deputy Q
QV4
fk «1
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
Joseph A. Dennison, being duly sworn according to law, deposes and says: zed
and That he is the Asst. Controller of The Patriot News
andcplaceaolf busness at 812toi818 MatlkerttStreet,sn er and
Patriot
The
-News of the Commonwealth of Pennsylvania, with its principal office the City of Harrisburg, County of Dauphin, State of PsyrHied and, shedu alts812 to 818 Market Steetand thth
Sunday Patriot-News newspapers of general circulation, P Patriot-News were established March 4 ,
City, County and State aforesaid; that The Patriot-News and The Sunday
1854, and September 18th, 1949, respectively, llsehave been continuously published ever since;
curely attached hereto is exactly as printed and published in
That the printed d notice or publication which is eared on the 22nd and 29th day(s) of July and the 5th
their regular daily and/or Sunday/ Metro editions which app matter
id printed day(s) of August 2003. That neither he nor said Company lasetosthe t meeplabeean?d chara?;teraof publ cat ontl are
or advertising, and that all of the allegations of this statement
empowered
true; and ized an
verify That he has personal knowledge of the facts aforesaid
and pursuant toha rresolut odn unanimously passed ands
statement on behalf of The Patriot-News Co. aforesaid by
n in CompMiscellaneous any and subsequently duly recorded in Book "M",
adopted severally by the stockholders and board of directors o of the said
the office for the Recording of Deeds in and for said County
Volume 14, Page 317.
:.. .............
PUBLICATION ..........
COPY Sworn a d ubscribed be ore me thitsl3th day of August 0 D.
Notarial Seal
??P
SALE #64 Terry L. Russell, Notary Public c
REAL ESTATE SALE No. 64y Of Harrisburg, Dauph+n County
No. CIv Il Term Term NOTAFtbY PUBLIC
Writ 531 My Corrxnission Expires June 6, 2006 Manufacturers &Traders Member, Pennsylvania Association (y NW' Y cornrnission expires June 6, 2006
Trust
Company, Trustee for
Agre meat n Series 01-97,, CUMBERLAND COUNTY SHERIFFS OFFICE
Agreement Dated CUMBERLAND COUNTY COURTHOUSE
by and through h Its 97,
Its
Loan Servicing Agent, CARLISLE, PA. 17013
Fairbanks Capital Corp.
vs
Stephen C. Cassel and Statement of Advertising Costs
Roxane E. Cassel
Atty.: Barbara Fein To THE PATRIOT-NEWS CO., Dr.
DESCRIPTION
ALL THAT CERTAIN lo[ of land situate in For publishing the notice or publication attached
233.43
Silver Spring Township, County of Cumberland hereto on the above stated dates $ 1 .75
and Commonwealth of Pennsylvania, bounded Probating same Notary Fee(s)
and described as follows, to wit: $ 235.18
BEGINNING at a point in the centerline of Total
Texaco Road in the Southeast comer of Lot No. 4
on the hereinafter mentioned Plan of Lots, which
point is 858.5 feet from the centerlineof Hempt
Road; thence along Lot No. 4 on the said Plan of Publisher's Receipt for Advertising Cos
Lots, North 47 degrees 30 minutes West, 291.07 The Sunday Patiriot-News, newspapers of general
The Patriot News Co., publisher of The Patriot-News and
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid. feet to an iron pin a line of lands now or formerly
of Flight System, Inc.; thence along said lands,
North 47 degrees 39 minutes East, a distance of By ....................................................................
295.53 feet to an iron pin at a line of lands now or
formerly of Marlin H. Eichelberger; thence along
said lands now or formerly of Marlin H. HAVING thereon erected a dwelling house and
Eichelberger, South 43 degrees 42 minutes East, garage known and numbered as 192 Texaco Road.
265.17 feet to the centerline of Texaco Road TAX PARCEL NO.: 21-0295-026.
(which point is 582.5 feet from the centerline of TITLE TO SAID premises is vested in Stephen
Hempt Road); thence along said centerline, South C, Cassel and Roxane E. Cassel, husband and
42 degrees 30 minutes West, a distance of 276.0 wife, by Deed from Dale E. Johnson and Dorothy
feet to a point, the pace of BEGINNING. M. Johnson, husband and wife, and Newton W.
BEING Lot No. 1 on the Final Resubdivision
Plan for John B. Kreamer, dated March 18, 1982 Crouse and Paula C. Crouse, husband and wife,
dated 2/17/1994 and recorded 2/24/1995 in Deed
and recorded in Plan Record Book 42, Page 47, gook 118, Page 1039.
Cumberland County records.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE 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 Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JULY 18, 25, 2003 AUGUST 1, 2003
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, Mace and character of publication are true.
RF,AL ESTATE BALE NO. 64
Writ No. 2002-1531 Civil
Manufacturers & Traders Trust
Company, Trustee for
Securitization Series 1997-3,
Agreement Dated 06-01-97, by
and through its Loan Servicing
Agent, Fairbanks Capital Corp.
VS.
Stephen C. Cassel and
Roxane E. Cassel
Marie Coyne, Edi
SVM'RN TO AND SUBSCRIBED before me this
1 day of AUGUST, 2003
Atty.: Barbara Fein 10 ? .?
DESCRIPTION rJ 1 i ?L. 11J
ALL THAT CERTAIN lot of land ?n ra .-
situate in Silver Spring Township, ?AR?. ,
County of Cumberland and Com- EMyCWM*61W . ?R, Matsy monwealth of Pennsylvania, bound- ?L3 ?gv ` ,"s ed and described as follows, to wit: b W :BEGINNING at a point in the ?.?..av.+
centerline of Texaco Road at the
Southeast corner of Lot No. 4 on
the hereinafter mentioned Plan of
Lots, which point is 858.5 feet from
the centerline of Hempt Road;
thence along Lot No. 4 on the said
plan of Lots, North 47 degrees 30
minutes West. 291.07 feet to an iron
pin at line of lands now or formerly
of Flight Systems, Inc.; thence along
said lands, North 47 degrees 39
minutes East, a distance of 295.53
feet to an iron pin at line of lands
now or formerly of Marlin H.
Eichelberger; thence along said
lands now or formerly of Marlin H.
Eichelberger, South 43 degrees 42
minutes East, 265.17 feet to the
centerline of Texaco Road (which
point is 582.5 feet from the
centerline of Hempt Road); thence
along said centerline, South 42 de-
grees 30 minutes West, a distance
of 276.0 feet to a point, the place of
beginning.
BEING Lot No. I on the Final
Resubdivision Plan for John B.
Kreamer, dated March 18, 1982 and
recorded in Plan Record Book 42,
Page 47, Cumberland County rec-
ords.
HAVING thereon erected a dwell-
ing house and garage known and
numbered as 192 Texaco Road.
TAX PARCEL #21-0295-026.
TITLE TO SAID PREMISES IS
VESTED IN Stephen C. Cassel and
Roxane E. Cassel, husband and wife
by Deed from Dale E. Johnson and
Dorothy M. Johnson, husband and
wife and Newton W. Crouse and Pau-
la C. Crouse, husband and wife dat-
ed 2/17/1994 and recorded 2/24/
1995 in Deed Book 118, Page
1039.