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HomeMy WebLinkAbout06-3295 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPffiA, PA 19103 (215) 563-7000 134594 IP MORGAN CHASE BANK, N.A. III E. WISCONSIN AVE 6TH FLOOR, WIl.4030 MILWAUKEE, WI 53202 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM C ;(J~L ~8-~ v. NO.Ol. -.3:J..9S CUMBERLAND COUNTY DON 1. CASEY A/KJA CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 Defendant CIVIL ACTION - LAW 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA ]7013 (800)990-9108 File #: 134594 , File #. 134594 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq, (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. ~ 1. Plaintiff is IP MORGAN CHASE BANK, N.A. III E. WISCONSIN AVE 6TH FLOOR, WIl-4030 MILWAUKEE, WI 53202 2. The name(s) and last known address(es) of the Defendant(s) are: DON L. CASEY NKJA CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/05/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1915, Page: 3323. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/15/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 134594 6. The following amounts are due on the mortgage: Principal Balance Interest 12/15/2005 through 06/07/2006 (Per Diem $5.74) Attorney's Fees Cumulative Late Charges 07/05/2005 to 06/07/2006 Cost of Suit and Title Search Subtotal $19,481.65 1,004.50 1,250.00 100.00 $ 550.00 $ 22,386.15 Escrow Credit Deficit Subtotal TOTAL 0.00 0.00 $ 0.00 $ 22,386.15 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment againstthe Defendant(s) in the sum of$ 22,386.15, together with interestfrom 06/07/2006 at the rate of$5.74 per diem to the date ofJudgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ~ ~. /' -,t-{....u-.--.. By: IsIFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 134594 , LEGAL DESCRIPTION ALL that certain tract ofland situate in Penn Township, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at an existing iron pin on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Subdivision Plan, said iron pin being located at the Northwestern comer of the property about to be described at the line of land now or formerly of James Vyskievich; thence by the dividing line between Lots Nos. 3 and 4 on said Plan, South 86 degrees 18 minutes 29 seconds East 295.17 feet to an iron pin; thence by land now or formerly of Michael E. Linter, et ux., South 3 degrees 41 minutes 31 seconds West 52.77 feet to an iron pin; thence by land now or formerly Harry J. Litner, Jr., et ux., South 3 degrees 42 minutes 23 seconds West 438.85 feet to an existing iron pin; thence by the dividing line between Lots Nos. 2 and 3 on said Plan, North 86 degrees 17 minutes 37 seconds West 294.32 feet to an iron pin; thence by land now or formerly of James Vyskievich and along the Western side of a private right-of-way as shown on said Plan North 3 degrees 36 minutes 22 seconds East 495.55 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to a private right-of-way as shown on said Plan providing access over the above described premises for the owners of Lots I, 2 and 3 as shown on said Plan. CONTAINING a total lot area of3.3263 acres (144,896.00 square feet), including the portion of said premises under and subject to said private right-of-way); and being Lot No.3 on the Final Subdivision Plan for Marlyn E. Casey and Helen J. Casey, his wife, recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 63, Page 85. BEING part of the property which was conveyed to Don L. Casey and MaryLynn Casey, his wife, by Marlyn E. Casey and Helen 1. Casey, his wife, by deed dated December 11,1991, and recorded in the Office aforesaid in Deed Book 'K' Vol. 35, Page 1047. PROPERTY BEING: 1471 PINE ROAD File #: 134594 VRRTFTC'ATTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the tirne allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the staternents made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~/}Q, FRANCIS S. HALLINAN, ESQUlRE Attorney for Plaintiff DATE: ~ ~ ~ (~ \ c;? "'f1 C""\ --..<' ..... 7-J U"l. (--- ::c~"1. ~';';:: {'np' ~ ~ V' #'.'.~ _..,.)cn \ "'t oJ:) ':,:~s-I l.rt -., c~~\~ - 111 C> -' ~ - r-;? C> -J '7"-'" -Cl U' :9. \) ~ l(=- v:> W - ..c:. -a t --l.. i . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, N.A. 111 E. WISCONSIN AVE 6TH FLOOR, WIl-4030 MILWAUKEE, WI 53202 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-3295 DON L. CASEY AfKJA CASEY RENTAL Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DON L, CASEY AIKI A CASEY RENTAL, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 6/8/06 to 7/24/06 TOTAL $22,386.15 $269.78 $22,655,93 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS lNDlCATED. ~ DATE: ~'- ~ook ~.h ( PRO ROTH , . -.pHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (215) 563-7000 IP MORGAN CHAS EBANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DON L. CASEY AlK/A CASEY RENTAL Defendants : NO. 06-3295 CIVIL TERM TO: DON I. CASEY AlK/A CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 FILE Copy DATE OF NOTICE: JULY 5. 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ! > PHELAN HALLINAN & SCHMIEG, L.L,P, By: DANIEL G, SCHMIEG Identification No, 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF JP MORGAN CHASE BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3295 DON L. CASEY AfKJA CASEY RENTAL Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on infonnation and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DON L. CASEY AlK/A CASEY RENTAL is over 18 years of age and resides at, 1471 PINE ROAD, CARLISLE, PA 17013, This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 'C -,::J 0 'i<a- f- ~ 1l ~ Q ~ ....c-'" - \) (~ -, ~ tI1 \ . ~ ~ -0 r<:-> F- e" ,I., - lU' .::::: - -" - . ~:g .-", ~ (.) r \'...> ".~. J . (Rule of Civil Procedure No, 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION . LAW JP MORGAN CHASE BANK, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3295 DON L. CASEY AlKJA CASEY RENTAL Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on -JuJ"f oJ I- 2001,,;.. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 16J7JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JP MORGAN CHASE BANK, N.A. Plaintiff, v. No. 06-3295 DON L. CASEY A/KIA CASEY RENTAL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $22,655,93 Interest from 7/24/06 to DECEMBER 6, 2006 (per diem -$3.72) $502.20 and Costs TOTAL $23,158.13 DANIEL G, SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No, IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ~ ~ ~ < ~ ~ ~ ~ < ~ ~ ~..... ~ o!( .- .-d r- r- G) ~~ .t ~ G u ~ ~~ i. ~'t ~ ~ G) ~(fl ~ ~ ~a .0 ~t ~.s. ~ ~ ~ o~ a ~~~ ~ u ~;: ~ rJ1 ~ '"" ~ < ~ 8~ J, ~ ~ e ~ ~~ .... p.. ~~ ~ G) ~'g ~ 0"G .... ~ ou !( :i ~~ ~ ..~ ~ ~ u ~ ~ ~ 0< ~ J u ~ ~ ~~ ~ ~ -- ~ , e; ~ J ~i ~ ~ u . ~ ':: '::: ":: ~j~~ ~ (C , \ \ \ \ ~~~!~~ ~N)\J) - - ~-j ~ ~ L? . . -..~ * ~ ("t) - - rl \J) ~ <:::) ~ ::::::: ~ --- "- ... t - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3295 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, N.A., Plaintiff (s) From DON L. CASEY AlKJA CASEY RENTAL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $22,655.93 L.L. $.50 Interest FROM 7/24/06 TO 12/6/06 (PER DIEM - $3.72) -- $502.20 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $115.28 Other Costs Plaintiff Paid Date: AUGUST 3, 2006 (Seal) CURTIS R. LONG P<O~ 7lc '-By: ~ If -J e. ~h~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPmA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 DESCRIPTION ALL that certain tract ofland situate in Penn Township, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at an existing iron pin on the dividing line between Lots Nos, 3 and 4 on the hereinafter mentioned Subdivision Plan, said iron pin being located at the Northwestern comer of the property about to be described at the line of land now or formerly of James Vyskievich; thence by the dividing line between Lots Nos. 3 and 4 on said Plan, South 86 degrees 18 minutes 29 seconds East 295.17 feet to an iron pin; thence by land now or formerly of Michael E. Linter, et ux" South 3 degrees 41 minutes 31 seconds West 52.77 feet to an iron pin; thence by land now or formerly Harry J, Litner, Jr., et ux., South 3 degrees 42 minutes 23 seconds West 438.85 feet to an existing iron pin; thence by the dividing line between Lots Nos. 2 and 3 on said Plan, North 86 degrees 17 minutes 37 seconds West 294.32 feet to an iron pin; thence by land now or formerly of James Vyskievich and along the Western side of a private right-of-way as shown on said Plan North 3 degrees 36 minutes 22 seconds East 495.55 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to a private right-of-way as shown on said Plan providing access over the above described premises for the owners of Lots I, 2 and 3 as shown on said Plan. CONTAINING a total lot area of3.3263 acres (144,896.00 square feet), including the portion of said premises under and subject to said private right-of-way); and being Lot No, 3 on the Final Subdivision Plan for Marlyn E, Casey and Helen J. Casey, his wife, recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 63, Page 85. BEING part of the property which was conveyed to Don L. Casey and MaryLynn Casey, his wife, by Marlyn E. Casey and Helen J. Casey, his wife, by deed dated December 11, 1991, and recorded in the Office aforesaid in Deed Book 'K' Vol. 35, Page 1047. PARCEL IDENTIFICATION NO: 31-12-0334-025 CONTROL #: 31000784 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Don L. Casey, by Deed from Don L. Casey and Marylynn Casey, his wife, dated 10-21-04, recorded 10-28-04, in Deed Book 265, page 4757. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Don L. Casey and Marylynn Casey, his wife, by Deed from Marlyn E. Casey and Helen 1. Casey, his wife, dated 12-11-91, recorded 12-13-91, in Deed Book 35-K, page 1047, PREMISES BEING: 1471 PINE ROAD, CARLISLE, PA 17013 ~ JP MORGAN CHASE BANK, N.A. ... CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DON L. CASEY AIKIA CASEY RENTAL CIVIL DIVISION Defendant(s). NO. 06-3295 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) JP MORGAN CHASE BANK. N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1471 PINE ROAD. CARLISLE. P A 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DON L. CASEY A/K/A CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .. ... 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) OPTION ONE MORTGAGE CORPORATION 3 ADA IRVINE, CA 92618 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1471 PINE ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO 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 or information and belief, I understand that false statements herein are made subject to the penalties ofl8 Pa, C.S. Sec, 4904 relating to unsworn falsification to authorities. July 24. 2006 DATE DANIEL G, SCHMIEG, ESQUIRE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF JP MORGAN CHASE BANK, N.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DON L. CASEY AlKJA CASEY RENTAL NO. 06-3295 Defendant(s). CERTIFICATION DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff .... . '. \. JP MORGAN CHASE BANK, N.A. Plaintiff, CUMBERLAND COUNTY v. No. 06-3295 DON L. CASEY A/KJ A CASEY RENTAL Defendant(s). July 24, 2006 TO: DON L. CASEY AIKIA CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at .1471 PINE ROAD. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a,m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $22.655.93 obtained by JP MORGAN CHASE BANK. N.A. (the mortgagee) against you, In the event the sale is continued, an announcement will be made at said sale in compliance with Pa,R,C,P., Rule 3129,3. NOTICE OF OWNER'S RIGHTS YOU MA Y BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ,,' ... You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale, (See notice on page two on how to obtain an attorney,) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5. You have 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 Sheriff within 30 days of the 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 is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ... <. .. DESCRIPTION ALL that certain tract ofland situate in Penn Township, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at an existing iron pin on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Subdivision Plan, said iron pin being located at the Northwestern corner of the property about to be described at the I ine of land now or formerly of James Vyskievich; thence by the dividing line between Lots Nos. 3 and 4 on said Plan, South 86 degrees 18 minutes 29 seconds East 295.17 feet to an iron pin; thence by land now or formerly of Michael E. Linter, et ux., South 3 degrees 41 minutes 31 seconds West 52.77 feet to an iron pin; thence by land now or formerly Harry J. Litner, Jr., et ux., South 3 degrees 42 minutes 23 seconds West 438.85 feet to an existing iron pin; thence by the dividing line between Lots Nos. 2 and 3 on said Plan, North 86 degrees 17 minutes 37 seconds West 294.32 feet to an iron pin; thence by land now or formerly of James Vyskievich and along the Western side of a private right-of-way as shown on said Plan North 3 degrees 36 minutes 22 seconds East 495.55 feet to an iron pin, the Place of BEGINNING, UNDER AND SUBJECT to a private right-of-way as shown on said Plan providing access over the above described premises for the owners of Lots 1, 2 and 3 as shown on said Plan. CONTAINING a total lot area of 3.3263 acres (144,896.00 square feet), including the portion of said premises under and subject to said private right-of-way); and being Lot No.3 on the Final Subdivision Plan for Marlyn E. Casey and Helen 1. Casey, his wife, recorded in the Office ofthe Recorder of Deeds for Cumberland County in Plan Book 63, Page 85. BEING part of the property which was conveyed to Don L. Casey and Mary Lynn Casey, his wife, by Marlyn E. Casey and Helen 1. Casey, his wife, by deed dated December 11, 1991, and recorded in the Office aforesaid in Deed Book 'K' Vol. 35, Page 1047. PARCEL IDENTIFICATION NO: 31-12-0334-025 CONTROL #: 31000784 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Don L. Casey, by Deed from Don L. Casey and Marylynn Casey, his wife, dated 10-21-04, recorded 10-28-04, in Deed Book 265, page 4757. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Don L. Casey and Marylynn Casey, his wife, by Deed from Marlyn E. Casey and Helen J. Casey, his wife, dated 12-11-91, recorded 12-13-91, in Deed Book 35-K, page 1047, PREMISES BEING: 1471 PINE ROAD, CARLISLE, P A 17013 SHERIFF'S RETURN - REGULAR CASE NO: 2006-03295 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK NA VS CASEY DON L A/K/A CASEY RENTAL VALERIE WEARY , Sheriff or Deputy Sheriff of - j Cumberland County, Pennsylvania, who being duly sworn according to law, - - - says, the within COMPLAINT - MORT FORE was served upon ..... .... CASEY DON L A/K/A CASEY RENTAL the DEFENDANT , at 1516:00 HOURS, on the 13th day of June , 2006 at 1471 PINE ROAD CARLISLE, PA 17013 by handing to DON CASEY a true and attested copy of COMPLAINT - MORT FORE \, \ together with - and at the same time directing His attention to the contents thereof. 3i - - - - - Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.28 .00 10.00 .00 33.28V/ ~ 'l-/r,-~{, Sworn and Subscibed to s<~~ ~\ \ \\ R. Thomas Kline 00/00/0000 By: fJ' t-/ D~puty Sheriff before me this day of A.D. - j ,- - - - - .... AFFIDA VIT OF SERVICE . CUMBERLAND COUNTY PLAIN1"lFF JP MORGAN CHASE BANK, N.A. ILLD No. 06-3295 DEFENDANT(S) DON L. CASEY AlKJA CASEY RENTAL p~s1t- t3i{ S't-~ ACCT. #000000010296654 SERVE: DON L. CASEY A/KJA CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to \:) 0 " L. , 200fpat f: Oq , O'c1ockf.m., at Casey 1L.J11 p,'^e , Defendant, on the 2 7 ~V1 day of A"'/J'-1 stl- (( d. , Commonwealth of Pennsylvania, in the manner described below: V;efendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Agel{O-rt> Height S->q\\ Weight /1) Race ~ Sex ~ Other I, b U U l 'cL R~ brl'+-s , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed be~~ this da .. of ,. V FRANKS (.'t) n /) Notary:-:llYCOMMISSION IBlfPIREt! er--c/ ...,.,~ ~ 03 11 2009 j PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES, INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire J.D. No. 62205 4 o ~~~ r-.~ = ~ c;! ~:~ <=' -0 ::z: .x::- t",,,) <...n.) . SALE DATE: DECEMBER 6.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JP MORGAN CHASE BANK, N.A. No.: 06-3295 vs. DON L. CASEY (-) !~~ f'...;) <:':::> Co,::) (,::;'/'''' D 11 ::r! m::J r- n, c;.J c:-) :" . --- 25 ~< AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE c..J L.) o ~=t i~~ j;! .~1"2 -, .;;:- Plaintiff in the above 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: 1471 PINE ROAD. CARISLE. PA 17013. As required by Pa, R.c.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa, R.c.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No, 2 (previously filed) and Amended Affidavit No, 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S, Postal Service is attached for each notice. D~~~~ Attorney for Plaintiff November 9, 2006 . JP MORGAN CHASE BANK, N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. DON L. CASEY A/KIA CASEY RENTAL CIVIL DIVISION Defendant( s). NO. 06-3295 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, 1) JP MORGAN CHASE BANK.. N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1471 PINE ROAD. CARLISLE. PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DON L. CASEY A/K/A CASEY RENTAL 1471 PINE ROAD CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) USA, INTERNAL REVENUE SERVICE SPECIAL PROCEDURES BRANCH FEDERATED INVESTORS TOWER 1001 LmERTY AVENUE 13TH FLOOR, SUITE 1300 PITTSBURGH, P A 15222 U.S. EP ARTMENT OF JUSTICE U.S. ATTORNEY EASTERN DISTRICT OF P A 615 CHESTNUT STREET, SUITE 1250 PHILADELPHIA, PA 19106-4476 ATTN: LISA MURRAY . 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) OPTION ONE MORTGAGE CORPORATION 3 ADA IRVINE, CA 92618 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1471 PINE ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C,S, Sec. 4904 relating to unsworn falsification to authorities. November 3. 2006 DATE :JT~ JL J~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff . Name aDd AddI"eSlll or Seader PHELAN HALLINAN & SCHMIEG, L.L.P. One PeM Center at Suburban Station 1617 JoIm F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 SUPPORT TEAM Line ArtIcle Nuniber N_ 01 AM_Send, aooI....OII<<AdcI_ .... F.. 2 3 4 5 6 7 8 9 10 II 12 13 14 15 DOMEST[C RELAT[ONSOPCUMBERLANDCOUNlY, 13 NORTIfHANOVER S'mEBT, CARLISLE, PA 17013 COMMONWEALTIf OF PENNSYLVANIA, DEPARThfENT OF WELFARE, PO BOX 2675, HARRISBURG, PA 1~{ TENANT/OCCUPANT, [471 PINE ROAD, CARUSLE, PA [7013 >"J DON L. CASEY AIKIA CASEY RENTAL, 1471 PINE ROAD, CARLISLE, fA 17013 OPTION ONE MORTGAGE CORPORATION, 3 ADA, IRVINE, CA 92618 - ~~~~g " -,"', I ~:; I" "-ojl/ .. IO~~. (l!'-il ~ \...). ;:j;", Q ~.~ --v ~ Ii DON L. 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IE If. r, - ~~ . ':) 02 1M . 0004218010 '1<0"-03 MAltED fRoM Z,lPcOOE 19f&~ '"O-o'"d g:~:3tt: !;r-lOtrl p.. '"dt'"' 0'-'0> -g:gsz 65' ~ (J E9 ~'"d ~ g F >n&t'"' :ag~2 o~ \I.l > tflJjg.z ~gd-Ro __~\I.l ~~p(J ~\I.lP; p.~~ ..... ti1 \I.l g 0 ~ ~ ~ 'r' ..... t,-< ~ ~ o "= ; ." i ~ ~ . ' i.~" . 'f,rr-,'U--: ~ ..,.t.-;j:~ ....:;:i. ~,'~""'-' ,,: u:.~;':,t~~~ .~)'i.~:.~., ..~'". . ~:::;;""" l~; - JP Morgan Chase Bank, N.A. VS Don L. Casey a/k1a Casey Rental In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3295 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on September 20,2006 at 1345 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Don L. Casey a/k1a Casey Rental, by making known unto Kim Stamy, adult in charge for Don L. Casey, at 1471 Pine Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 09,2006 at 0927 hours" he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Don L. Casey a/k/a Casey Rental located at 1471 Pine Road, Carlisle, Cumberland County, 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 the within named defendant, to wit: Don L. Casey a/k/a Casey Rental, by regular mail to his last known address of 1471 Pine Road, Carlisle, P A 17011. This letter was mailed under the date of October 05,2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instruction from Attorney Daniel Schmeig. Sheriffs Costs: Total 30.00 21.22 15.00 15.00 .50 1.00 12.32 5.22 15.00 20,00 533,00 398.18 15.94 1082.38 './ ~ J.L j.J I jot" Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills .,~b2:~'A~>/- .~/~~ R. Thomas Kline, Sheriff t,OO tf.J~ 5~?,2 'f ~v, J Sf.. r ~D , I , ' JP MORGAN CHASE BANK, N.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DON L. CASEY AlKJA CASEY RENTAL CIVIL DIVISION Defendant(s ). NO. 06-3295 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) JP MORGAN CHASE BANK. N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1471 PINE ROAD. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DON L. CASEY AlK/A CASEY RENTAL 1471 PINE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None , ' T 4, Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) OPTION ONE MORTGAGE CORPORATION 3 ADA IRVINE, CA 92618 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1471 PINE ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO 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 or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, Sec. 4904 relating to unsworn falsification to authorities. July 24, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 8l :E dOl SOV qOOl \~'(i 'AJJ~it~,;.j CU<i 1::'L~3i~n:J J.:JltJ::JHS _. :10 JJI.:l.:!O JP MORGAN CHASE BANK, N.A. Plaintiff, CUMBERLAND COUNTY v. No. 06-3295 DON L. CASEY AfKJA CASEY RENTAL Defendant(s ). July 24, 2006 TO: DON L. CASEY A/KJA CASEY RENTAL 1471 PINE ROAD CARLISLE, P A 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at .1471 PINE ROAD. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $22.655.93 obtained by JP MORGAN CHASE BANK. N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MA Y BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by cailing (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 Sheriff within 30 days of the 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 is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY A TTORl~EY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 .. DESCRIPTION ALL that certain tract ofland situate in Penn Township, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at an existing iron pin on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Subdivision Plan, said iron pin being located at the Northwestern comer of the property about to be described at the line of land now or formerly of James Vyskievich; thence by the dividing line between Lots Nos. 3 and 4 on said Plan, South 86 degrees 18 minutes 29 seconds East 295.17 feet to an iron pin; thence by land now or formerly of Michael E. Linter, et ux., South 3 degrees 41 minutes 31 seconds West 52.77 feet to an iron pin; thence by land now or formerly Harry J. Litner, Jr., et ux., South 3 degrees 42 minutes 23 seconds West 438.85 feet to an existing iron pin; thence by the dividing line between Lots Nos. 2 and 3 on said Plan, North 86 degrees 17 minutes 37 seconds West 294.32 feet to an iron pin; thence by land now or formerly of James Vyskievich and along the Western side of a private right-of-way as shown on said Plan North 3 degrees 36 minutes 22 seconds East 495.55 feet to an iron pin, the Place of BEGINNING. UNDER AND SUBJECT to a private right-of-way as shown on said Plan providing access over the above described premises for the owners of Lots I, 2 and 3 as shown on said Plan. CONTAINING a total lot area of 3.3263 acres (144,896.00 square feet), including the portion of said premises under and subject to said private right-of-way); and being Lot No.3 on the Final Subdivision Plan for Marlyn E. Casey and Helen J. Casey, his wife, recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 63, Page 85. BEING part of the property which was conveyed to Don L. Casey and MaryLynn Casey, his wife, by Marlyn E. Casey and Helen J. Casey, his wife, by deed dated December 11, 1991, and recorded in the Office aforesaid in Deed Book 'K' Vol. 35, Page 1047. PARCEL IDENTIFICATION NO: 31-12-0334-025 CONTROL #: 31000784 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Don L. Casey, by Deed from Don L. Casey and Marylynn Casey, his wife, dated 10-21-04, recorded 10-28-04, in Deed Book 265, page 4757. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Don L. Casey and Marylynn Casey, his wife, by Deed from Marlyn E. Casey and Helen J. Casey, his wife, dated 12-11-91, recorded 12-13-91, in Deed Book 35-K, page 1047. PREMISES BEING: 1471 PINE ROAD, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3295 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, N.A., Plaintiff (s) From DON L. CASEY AlK/A CASEY RENTAL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $22,655.93 L.L. $.50 Interest FROM 7/24/06 TO 12/6/06 (PER DIEM - $3.72) -- $502.20 AND COSTS Atty's Comm % Due Pro thy $1.00 Atty Paid $115.28 Other Costs Plaintiff Paid Date: AUGUST 3, 2006 CURTIS R. LONG (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~ ~ ~ Real Estate Sale # 16 On August 22, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, P A Known and numbered as 1471 Pine Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 22, 2006 By: j c CLlt j ~~ck Real Estate Sergeant 8l :( dOl 9nV qUOl t;/...I f 1 , k::" i.,; (':,,: \ \,J' t ,I f ,..". ....., ..........;,du....., Ul'; :-/..."l'j.e""f'" .:l.:W:l3 H S ',.f .,')'~ ;"I"'J ,:,,':1'" -. ~, ~ --' '-F _, -.1 Lt 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: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever sInce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #16 19 Wr~e:oL =E SALE #16 JO JP Mo,.g.n Cha 29S Civil Term Jg Va ae Bank, N.A. 19 Don L. Ca";'" ..IL, OJ ~ R" -ova : AtlyE=. nlel ~~Ieg llj) SCRIPTION JC :[J ALL THAT JUN Penn TOWDsbi tract of land siluate . " PenosylV>ln;. bo P. Cumberland C m B' . --. ODd and described OllDly. . egJJmjng at an etistin. . as follows: line. between Lots Jo~n pm on the dividing !rereinafter mentioned . ~. and 4 on the iron pin bein SUbdiVISion Plan, . COIIIeT of the lro located at the Nortbwes::;: the line of lanllerty about to be described i:.~Ch; thence ~~~~~onndingerJline~ of Jam.:: 3111d4"'llIaidPl <'___. between - '-u.~ CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No.5 87, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law ,Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 16 Writ No. 2006-3295 Civil JP Morgan Chase Bank, N.A. vs. Don L. Casey a/k/a Casey Rental Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract ofland situ- ate in Penn Township. Cumberland County. Pennsylvania. bound and described as follows: BEGINNING at an existing iron pin on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Subdivision Plan. said iron pin being located at the North- western corner of the property about to be described at the line of land now or formerly of James Vyskievich; thence by the dividing line between Lots Nos. 3 and 4 on said Plan. South 86 degrees 18 min- SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006 ,-' NOTA IAL SEAL. l LOIS E. SNYDER. Notary Public I Carlisle Bora. Cumberland County j My CommissloP Expires March 5. 2009 \...~,._,~,,,,,,,"'