The URL can be used to link to this page

Home My WebLink About01-2490 FX -j'- -"-'"'''.'' "",,,:--~'"-'-'''--~-'~ ' :,,- ,-,~-, - ._",-_;w' -."1-'- ~cCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Custodian or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 v. Dale Morton a/k/a Dale E. Morton 546 Mountain Road Boiling Springs, PA 17007 . _-. ,_ .' ,-..,,,__ ",- W;,__;,;;~\~"", -",,",_,'d' -i;,~>'''',,_~~;.,', ",,,_~,,__,, _~._,.__ _~;'~,~,;..__~;~,>~: " , ",~;; '~~' Attorney for Plaintiff Cumberland County Court of Common Pleas Number 01 - :<!fb Cu~L'-r~ CIVIL ACTION/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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. 5i usted qui ere defenderse de estas clemandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de La demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que 51 usted no se defiende, La corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, La corte puede decidir a favor del demandante y requiere que usted cumpla con todas Las provis1ones de est a demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIA TAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue CarLisLe, PA 17013 (717) 249-3166 " ",.- ,~ '"'M ,,~. . --">> . ". '''' """ Co', "",'hl;-~~.';',-;v ",,," "-'",c",,,"', ""-'I, ~f"'._M""'" ,-,.". >>,., --~ ~_i-- '-;';t<c~_:;~" .~ ",,',-,' " ",F "'";i McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A. as Custodian or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 Cumberland County Court of Common Pleas v. Dale Morton a/k/a Dale E. Morton 546 Mountain Road Boiling Springs, PA 17007 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1" Plaintiff is Bankers Trust Company of California, N.A. as Custodian or Trustee, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Dale Morton a/k/a Dale E. Morton, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 546 Mountain Road, Boiling Springs, PA 17007. 3. On 1/16/97, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Advanta Finance Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1361, Page 422. ,,,.. -" --,.-~,.' "'_'''-_k"'''A~ ""'->".,,-_~" .-"~'.:-,,. __,_\..;,_,_, O~,~'k,; "'iL'J",;o;.', "." ",,,,,-.,S,-;'. '- ;-~;-'__I_~:,~ ..~,,",';-i.,jJ-..c,; ,'J;-j.,-,,-";-I<C ;'L' -Ne, ._.' ;'-. .',8" '""..-.-A.1:.':' 4 . The aforesaid mortgage was thereafter assigned by Advanta Finance Corporation to Bankers Trust Company of California, N.A. as custodian or Trustee, Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 546 Mountain Road, Boiling Springs, PA 17007. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/16/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 5/16/00 through 4/15/01 (Plus $10.97 per diem thereafter) Attorney's Fee Cost of Suit Appraisal Fee Title Search $29,920.64 $ 3,674.95 $ 1,500.00 $ 225.00 $ 125.00 S 200.00 GRAND TOTAL $35,645.59 8. 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 ~ . ~ _0', ---, , , . c, ~;",--" -_~""b;,,-o",- ,C'k , ",,:~;,!,,/,' .. '-,,~.-/ -,->,"0,--,;:(: 1:'~, ,,- i" .' ;, 'o..-'~'~":C-i",_ , 'de_ '~~~~j Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit liB. II WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $35,645.59, together with interest at the rate of $10.97 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~ ~ " ,'~ ~\. ,-;"_4 ^" "^","^ ^^'"^"""'^,'"",,.~C, ".^' C, '""..""' . 'P.. ;,,,;C "'~ ,,;;,i,," . ,. - - ; "'-' <" "-",_-",_".j'_J."'/"",,-__'~<!"'"__;<___ ,-,;,' ~[;J.':~1 VERIFICATION The undersigned, Robert Michalik, hereby certifies that he is the Foreclosure Specialist of the Plaintiff in the within action, ~kr;.IA~(Vhl1fd'hf4{j t(:.,f'0'd I,A) ,J. n<<'(}(S-!-rJJiCw, fJ-7'IVA.",{,o€" and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA,C.S. ~4904 relating to unsworn falsification to authorities, ~~~ ROBERT MICHALIK ..." .~C~~ _,~_~ -~" ~" ~'1L tl ~} SCHEDULE A Name of Borrower(s) Dale Morton :' Order Number 893839 Legal Descriplion of Real Property: " THE FOLLOWING' traCt of land sltualed In South Middleton Township, Oumberland County, pennsylvania bouMed amI described as follows: Real Property Commonly Known As: BEGINNING al an lrori pin In the side 01 the public road leading .from th( Village of Boiling Springs 10 the .Whlskey Spring' Road In Iille 01 lands '01.. Jacob Sweeney; thence In a Northeasterly direction 100 leel 10 an Iron pin .' In the Northoasterly $llIe 01 the said public road; thence by olher lands 01 .. the grantors hereIn a Weslerly dlrecllon 826 leel 10 an Iron pin In line of. lands 01 Eugene Fisher; thence In a Southeaslerly direotion 100 feel 3 Inches 10 an Iron pin on line of lanl,l9 01 Jacob Sweeney; thence by said lands In a Easterly directIon 825 feel 10 an Iron /lln the plaoe 01 beginning. ...;,. containing one and nine-tenthS acres be the same more or le8s and bolng B" ,.,.i\-11 . ;~;)~/~"/; , part 01 a largor tract conveyed by Samuell. Baker et al to Ada Feister ~r~#: ~}~t~;,; ~~, doed dated Augusl 11, 1970, recorded In Cumberland Counly Deed BOO~~:~~?r{ \~~l;::N" Volume 23, p. 798. r;'V';",';~li .. ."'.' l~J~j . "i';f' """)\~\\l ~ ~J ~a::'!-l'~ .1 . "..J.,.,~ , '.~., ..~~rt . .,.. . ~'.J:"'" ' ., 'III"J' , '?', :"';nl-,~;;'jlli: 't"'; . L r,U}j,ll'q!~ I . I~ t 1l,~,"'l:!I~~(i_..ft . ~ 'l~H, f;;-r).:"Jl'~ _ 'Jt.'" ~ ' . ,.t!;;;. !'~' .... 0)" I ':W r:rl Pennsylvama J S~ l!t~O~/'.~"i~: ~.~. p,: " "I Cumberland \...J.'. J" . ..,~ I. .,y 'J . . f Deeds >,\."" :<'... ..."';:' ..,.,..,..1 "flthe office 10r tl'1e recording 0 "'~.~:l\\il.'I;" _~ '.. , .,.,N ~-"'7~..:~,~j. <>- ~1I'1, . :'oli. ~ullbefland Count , '. ',,;. ': -' " \'\1.....'1.,,'.':~1 ~\ of fic I ,J,: .'-. . - . , ":.' ,.his. _ day ., . .[ " . , 546 Mountain Rd Boiling Springs PA 17007 "11 al~ jJfJJ . . Slgnll"'" 1- /(-1 7 Olle Slgnllure Dale Slgnalure Olle """....:'\li..'H1S...lF"A' '. Signature .~T . Ie ,.,,^ .. - ~' ~ . Bo<d361PAGE 424 61000 (05-05) 1"'" ......'_....J...;.. . . ".1 ___ I; "~, ".' ~--"',.~"\, August 23, 2000 Dale Morton 546 Mountain Road Boiling Springs, PA 17007-9515 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEAP) mav be able to help to save your home. This Notice explains how the program works. To see if HEAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with you when YOU meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notiye. If you have any Questions. you may calI the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICATION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYL V ANlA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDERlSERVICER: Dale Morton 546 Mountain Road Boiling Springs. P A 17007-9515 38295265 Advanta Mortgage C01:poration -"H. IB\l .i\ " B" !& , ~.J. ~" ' . _ ."~""'",,~<_... ~_~~~_... c' ,~_ ' '''''''''''',"",,'''";'M.,~Lll'=''';'''~,I_ ""'1"'" '~':J'1;'r':< HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL , - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOUMEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one ofthe consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end ofthis notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and teleohone numbers of designated consumer credit counseling agencies for the county in which the property is 10cated are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default:;. If you have tried and life unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one ofthe designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTL Y. IF YOU FAlL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. ~ ~ "'*!"'q-~' ~ - ~.n...,o""'" "" _". ~_ "~_" Ll .<:~.~",i NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTicE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEF AUL T --The MORTGAGE debt held by the above lender on your property located at 546 Mountain Road Boiling Sorings. P A 17007-9515 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: Approximately $337.73 for the months of June 2000 through August 2000 Other charges: TOTAL AMOUNT PAST DUE: $913.19 HOW TO CURE THEDEF AULT -- Y ou may cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $913.19. PLUS ANY MORTGAGEP A YMENTS AND LATE CHARGES WHlCHBECOME DUEDURlNG THE THIRTY (30) DAY PERIOD. Pavrnents must be made either bv cash. cashier's check. certified check or monev order made payable and sent tQ: Collections Department Advanta Mortgage Corporation 10790 Rancho Bernardo Road San Diego, CA 92127 IF YOU DO NOT CURE THE DEFAULT --If you do not cure the default within THIRTY (30) DAYS ofthe date of this Notice, the lender intends to exercise its ril!hts to accelerate the mortl!al!e debt. This means that the entire outstanding balance of this debt will be considered due irnmediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment ofthe total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mortl!al!ed orooertv. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If yon cnre the default witbin the THIRTY (30) DAY period. vou will not be required to oav attornev's fees. OTHER LENDER REMEDIES-- The lender may also sue you personally for the unpaid principal balance and all other surns due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time UP to one hour before the Sheriffs Sale. Y Oil mav do so by paying the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure ,~, .",.~,'.< ~,=.. ""~ - ~- ,-- ~ '1iIIii!""" .,~. - --.J..1 .b,.. '~11.~,';;-' ,sale an~ any ot?er costs connected with the Sherif:s Sale as soecified in writing: bv the lender and by performing any otller reqUIrements under the mortgage. CurIng your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property cOllld be held would be approximately 5 months from the date of this Notice. Anotice of the actual date ofthe Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Advanta Mortgage COl:poration Address: 10790 Rancho Bernardo Road. San Diego. CA 92127 Phone Number: 800-538-8762. Ext. Fax Number: 619-674-3674 Contact Person: Collections Department EFFECT OF SHERIFF'S SALE-- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MOR TGAGE-- You mayor X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THlS DEBT. - TO HAVE THlS 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 FJ:GHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain ~ -~ ~ ".~~~-~ ~-~ '-"(" "-''''~~ ~-,- a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any iaformation which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address ofthe original creditor. TlIEPURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAlL AND CERTIFIED MAlL NUMBER 7000 0600 0028 3843 5828 RETURN RECEIPT REQUESTED ~li~~;Mtu.:!m..~,,",Ei'llIrlW;O~~~~~i~llr"ilR"$i1ii1.0i'l!trI;;"0"'t~\,;i"c""~""t1{""',;1~~<l1~!liLJJ!l!J.j[lIilill'" 7C? ~ - 0- ~ ~ '~~iI!O(r~""",~,,,\g;~' ~ ~ ~ .t: ~ '" l.). 8g~ , I ~~ li= ~ 6' - 6"'- (' u_ (") C'l ~ -ue. ". "t1 mr-, ;:''0 2:0 Ze.- N ::Q ~~: -' ;;::0 -0 )> zO 2- -0 >c ~ ~ ::> 0 08 ~Tl V) ;"=-::' , ~~ 7:..4rn ,j --I 5:; -< ~ ," ",L '.. '~.' ..:... ~'" SHERIFF'S RETURN - REGULAR CASE NO: 2001-02490 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS MORTON DALE ET AL CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MORTON DALE A/K/A MORTON DALE E the DEFENDANT , at 1000:00 HOURS, on the 2nd day of May 2001 at 546 MOUNTAIN ROAD BOILING SPRINGS, PA 17007 by handing to DALE MORTON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.34 .00 10.00 .00 32.34 So Answers: ...., /"~ /-~ _~r 1;7y?)-;;Jt~-Mt!'1<:~t"diAt R. Thomas Kline Sworn and Subscribed to before 05/02/2001 MCCABE WEISBERG & CO~ BY:~ . Deput Sheriff me this .) 3-d- day of ~A :~,~A; ~~othonotarY , ,ed,,_"'__ . --~ .~_C.",-. ,J .'_'~ '.-~ -. -0 =>1< - ;--~ -,'__"~ _.-\"_,_,t,~-,,-:,:,_,c_-'.;;;:_ ",_, ,. '~;_;~,,~,_. <,;<~_;" ,:-J,;;'",:,;<: __"!:"_:'~,_ -, '-0' -i-":i~j .. ,. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Dale Morton a/k/a Dale E. Morton 546 Mountain Road Boiling Springs, PA 17007 BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE v. DALE MORTON A/K/A DALE E. MORTON NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. ESQuire at (215) 790-1010. &; -~--. =~' _ ,"",~'_',r=-~<._ 1_ ""<,"'0" -,'(i""',;,-,, 'J;,-, " _,.',_1';',,'..;:';' "_'_'~_'_ ',",-" ":;,,,-;;;,;;:;,:' 2;."",,-:,;, -,;;,_.t-;., ,i:~;:;-;~~{ ,;.>" ;-,- .,,1 '''rTU .. , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE v. DALE MORTON A/K/A DALE E. MORTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from TOTAL $35,645.59 4/16/01-6/22/01 $ 745.96 ~'391'99 TERRENCE J. McCABE, ESQUIRE AND NOW, this .)~ day of ....L.Ly , 2001, Judgment is entered in favor of Plaintiff, Bankers Trust Company of California, N.A., As Custodian Or Trustee and against Defendant(s) Dale Morton and damages are assessed in the amount of $35,391.55, plus interest and costs. BY THE PROTHONOTARY: f!~~1~ " ~~ " """ "'~ -, -I_ " "~_. ,'-", .,- ,,'~,~ ,-, -" "0' ~-' ~'-,,~~; ".!i!;.",;' _,~-.U -,_ ",,",; .', . ,';-:~,_._ ;'>-\;'~.-1_<I", -~'bb' -;c' '~:','t,-ii:,.;;"-,>\ ,-,':<JI , , McCABE, WEISBERG AND CONWAY, P.C. BY, TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE v. DALE MORTON A/K/A DALE E. MORTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers I and Sailors I Civil Relief Act of Congress of 1940 as amended; and that the Defendant(s), Dale Morton a/k/ a Dale E. Morton, is over eighteen (18) years of age, and resides at 546 Mountain Road, Boiling Springs, PA 17007. SWORN TO AND SUBSCRIBED ~4 BEFORE ME THIS 26th DAY OF June, 2001. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff ~~Q'~ . - -- > ,." _CO '~.O.',' - " I".,",;; '" -_~"df C.'.'_ -',.,'-."-"-' -."~, .~~_ .,--. ',. '-<:__ _ "ft.:"..,'I'~~;';,:-,'-", ",;.- ',_~,I.J;;,:'':;>iC;.<.,& __ ~ ,.c'::; :"\i~: , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE v. DALE MORTON A/K/A DALE E. MORTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit SWORN TO AND SUBSCRIBED "A/(A/~ BEFORE ME THIS 26th DAY TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff OF June, 2001. aI~c1. ~~ NOTARY PUBLIC LANA NOTARIAL SEAL C'!Yot~ATT~, ~Pubk C __L. defDhl., Phihi. Coonlv . o,,",..s/on ext' es Nov. 22, i{x"!- ~> ,.- ~'.' "'."",-..o,-r_ -', - - ,-I ~'. ,~--, ""'"' ,- ';_,=,___'r_>_:':~~",,-,,->___:,- _",_,-,^,;;(.:;/_ -<-"",.--;:-,d<, e,>i<_>__,;,,';, ,-''- " VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. ~"- TERRENCE J. McCABE, ESQUIRE ~ .. . , -"" " - ..,~- .,.--, . --.- , , . ~ '~-'-"--"-"~ "-<q _-,),,;,i.~,~<,~_,_,,;"_ ,;3" _,c'-_,. -"'~ ;<k~ -t-i-~; "'''- .i-;..; _~;.)_'-i:; ,"'" . EXHIBIT ''A'' OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary May 24, 2001 To: Dale Morton a/k/a Dale E. Morton 546 Mountain Road Boiling Springs, PA 17007 BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE v. DALE MORTON A/K/A DALE E. MORTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You shouLd take this 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: Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeLdia por no haber presentado una comparecencia escrita, ya sea personalmente 0 por abogado y por no haber radicado por escrito con este TribunaL sus defensas u objeciones a los recLamos formulados en contra suyo. Al no tomar la accion debida dentro de diez (10) dias de La fecha de esta notificacion, el TribunaL padra, sin necesidad de comparecer usted en corte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe lLevar esta notificacion a un abogado inmediatamente. Si usted no tiene abogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Court Administrator CumberLand County Courthouse Carlisle, PA 17013 (717) 240 - 6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/ll '1i:iW'~O' J ;"'1~~~~~~~Iill~~'''lfIi.~' -" '-"~"iIiI -~ . ,-"'-,;~ -lii'--- - -,,-._, g r^~.'l 1"" ~,~~ ,t"~~ ;~: ~ "1.,__. '> ' ~ ~ (:.) ~ ....0 () c) r; . & :.~: .:-) ""-1 -r,:---'-' ~::':: r !,-l '-, - ~ ......... :;--. :-:--; ---j c, .- ~ l ~ "() V c: ...0 ~ r.::~ l:. , -.0 -'> .'1 ~ ...;j ,,-:.. , '-..J 1 ~,,_: :..' t ___ ,r_. -"-. , i ~ .,;:- =--=.1 -< ,-"".",_."" --. , _ _~~_~_~.~~. ~""-~"'" """-'J-_ _.,'<.."_ _ _ ."," .,".<,'.,!<" "" _ ",1.0>" ,,~- . ~ - .~ .~" " I ~ . ,':.;I.',-_c,', ~~ <,,-~":" -',',c,'^ ,.. '" -~-,,~ -';,;.,;!-,,,;-,,;__,;;i..,,-~'';;'''' ,;.- --::,1.::" ."'';;''-''_'-~ ~",~, _. -<":~~! ,. ....... IN THE COURT .OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA CIVIL DIVISION Bankers Trust Company of California, N.A., As Custodian Or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 V. Dale Morton a/k/a Dale E. Morton 546 Mountain Road Boiling Springs, PA 17007 FILE NO.: 01-2490 Civil Term AMOUNT DUE: $35,391.55 INTEREST: from 6/23/01 ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 546 Mountain Road, Boiling Springs, PA 17007 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of N/A County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in t~ached exhibit. June 26, 2001 /U DATE: Signature: Print Name: TERRENCE J. McCABE, ESQUIRE Address: 123 S. Broad Street. Suite 2080 philadelohia. PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 , ~-- , . .-<, LEGAL DESCRIPTION ALL THAT CERTAIN" tract ofland situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGlNNING at an iron pin in the side of the public road now lmown as Mountain Road which leads from the Village ofBoilln,g Springs to the "Whiskey Spring" Road and which iron pin at the Place of Beginning is in line oflands now or formerly of Jacob Sweeney; thence in a North-Easterly direction of 100 feet to an iron pin in the Northeasterly side of said public road now known as Mountain Road; thence by land now or formerly of William S. Sheaffer, a predecessor in title, in a Westerly direction a distance of 826 feet to an iron pin in line of land now or formerly of Eugene Fisher; thence in a Southeasterly direction along line of said land now or formerly of Eugene Fisher a distance of 100 feet 03 inches to an iron pin in line, of land now or formerly of Jacob Sweeney; then.ceby said land now or formerly of Jacob Sweeney in an Easterly direction a distance of 825 feet to an iron pin in the side of the public roadn6w known as Mountain Road at the place ofBEGlNNJNG. . THE ABOVE-described tract ofland contains an area of 1.9 acres, be the same more or less, and has the mailing addressof546 Mountain Road, Boiling Springs, Pennsylvania 17007. ' TOGETHER with all and singular buildingS, ways;.water$, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof, and also all the estate, right, title, interest, use, trust, property, possession, chum and demand whatsoever, of the said John S. Morton, at and immediately before the time of is death, in law, equity or otherwise howsoever, of, in, to or out of the same. Parcel ID # 40-12-0344-042 Being Known As: 546 Mountain Road, Boiling Springs, PA 17007. -I'L '" ,.i., '~. "':;; ~ilI'SMr"'1l~~[~~~~'.!iIi;j;I~""flUh:irlij""'ili'""""",;,_jJ;""i~"4",,<'~>;"'-"'-_'ld&diililj);U~t"- -'';''''"I1t'.rR!liIlii.i~ -" ",oo~~--,_I> -,-j"'I~n" ~ '-- ...'" , ~ "'9. ~ ~ 0 ~ t ~ fI:. ~ ~ .tv ;.0 F1 . ~ '-i . d . 8 (;t Cv ........ ~ g -t C ~ 0 0 0 ..... , I I I 0 f~ ~ t 9 ""tJ I., ~;;;,;: ~ r ~;2-' , ""-l ~ , ....., ... ~ ... .. ~ (/" c...:.' " ~ ~-::: .... , ,~ .,- , j-'" ,- "" ... 5f: ~~ .... .... .:-) -';0>' =< ,. ". .......-;,: """",,"'~~~ - '" ~._.., ~ ~. - ,"' , ,,< ~ ~,~ ~ ,_q_J .,.- , :.~ '- p~ _J',J' '+r.., 1,""';" ~-; "',_'L,._,,',,' ; ,'",,--:-,' 'f. "d~"",,""" ::l;, "l,>.-,-:,_h _,,~,~--, ~~I'~'~'J~' ;"'",,,-"c,,,'~ "'7,:';+-;: .. .... McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE v. DALE MORTON A/K/A DALE E. MORTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, TeTrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real propeTty located at 546 Mountain Road, Boiling Springs, PA 17007, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Dale Morton a/k/ a Dale E. Morton 546 Mountain Road Boiling Springs, PA 17007 2. Name and address of Defendant(s) in the judgment: Name Address Dale Morton a/k/a Dale E. Morton 546 Mountain Road Boiling Springs, PA 17007 -"'~' .' -" .-'~, ','- ~" ,,- V'I-~A"'-"'- '- ' , ,;',,,-,i '. -, ,-,-,",~",,^' ~\;'-.-',l'-,<'-"o 'Co .~, ';", '''-'i~-,b~-~-.s~::i:i? ";:" '_0' e'-~l~ -' ~ 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s)/Occupant(s) 546 Mountain Road Boiling Springs, PA 17007 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. June 26, 2001 DATE TERRENCE J. McCABE, ESQUIRE - c lL y~~, ~.ltiL ~' - LEGAL DESCRIPTION EXH\B\l "~' ALL THAT CERTAIN tract ofland situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGlNNlNG at an iron pin in the side of the public road now known as Mountain Road which leads from the Village ofBoilin,g Springs to the "Whiskey Spring" Road and which iron pin at the Place of Beginning is in, line oflands now or formerly of Jacob Sweeney; thence in a North-Easterly direction of 100 feet to an iron pin in the Northeasterly side of said public road now known as Mountain Road; thence by land now or fowedy of William S. Sheaffer, a predecessor in title, in a Westerly direction a distance of826 feet to an iron pin in lin,e ofland now or formerly of Eugene Fisher; thence in a Southeasterly direction along line of said land now or formerly of Eugene Fisher a distance of 100 feet 03 inches to an iron pin in line ofland now or formerly of Jacob Sweeney; thence by said land now or formerly of Jacob Sweeney in an Easterly direction a distance of 825 feet to an iron pin in the side of the public road now known as Mountain Road at the place ofBEGlNNING. THE ABOVE-described tract ofland contains an area of 1.9 acres, be the same more or less, and has the mailing address of 546 Mountain Road, :Boiling Springs, Pennsylvania 17007. TOGETHER with all and singular buildings, ways, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof, and also all the estate, right, title, interest, use, trust, property, possession, claim and demand whatsoever, of the said John S. Morton, at and immediately before the time of is death, in law, equity or otherwise howsoever, of, in, to or out of the same. Parcel !D # 40-12-0344-042 Road, Boiling Springs, PA 17007. . Known As' 546 Mountain Bel.ng . :~~~iOl\'?l\-:;.!1~1~J~l1~,':1'.':t","i'6'!-i,d~,;r~1"""'~,'!d,;.-,,,,-C-.",:.j~"';fJ;,&"15_",i[,,,wl;~~;]bj'l'"' " ~'<. ~. . ~,~,,'-",- p.",~ ,~I>,~ ~."e;,., ' iii7'-j ~"~la . ~Ill,,,"""~f'll"ti),,,,< C c: ;::r -rJiT rei I I ' Z:'\' ~~j .=: r:; :-.:-;, - - c:,) L~ G__' ~f;) .".. ~-<- I <~ " " .-,- .. , '" . . .~ --.~ ~ . , . ,<~ '-'0 ,-' ],-,--, , _.- "-',"',",,'" , ".. ';""'-<' " ~ F''- .'0,,", ""r---"r~ ";'.-"fJ';:-~'" ,'; , , , O,oOS ,,;;.-. . ;',-- ~'''''-;: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE v. DALE MORTON A/K/A DALE E. MORTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Dale Morton a/k/a Dale E. Morton 546 Mountain Road Boiling Springs, PA 17007 Your house (real estate) at 546 Mountain Road, Boiling Springs, PA 17007, (more fully described as attached) is scheduled to be sold at Sheriff's Sale on December, 05, 2001, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $35,391.55 obtained by Bankers Trust Company of California, N .A., As Custodian Or Trustee against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Bankers Trust Company of California, N.A., As Custodian Or Trustee the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. ~ ~' , ,"_1 ",-~" ' -, "0',- 'c. .~" -,..,,'''- I;.;, ;;;"~ "",,c_,",,'_', ' '--, - '-c kc.."; ',"~_" - '___~_ ,-"" i; -C";"~_<';:" ,;;,,-_,~;':tt_~->-~_ ,~;,,; Ci<-,''; . "L<f.:,J! 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 the following notice 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 Terrence J. McCabe, Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on January 04. 2002. 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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after January 04, 2001. - "I , >_. " 'c_' ~ ':'-"-' I.", ,.,. >-, ~~- '_' ~"-"',:,', "'"",,,'-, ,,','k',_ .-,..', ~,' "~':'"""""""'-~'" '_-,. ,-~! ol,~~;/-,;;-;., _,-_",':__;- _; "~j~j 7. You may also have other rights and defenses, or ways of getting your real estate 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~~" - LEGAL DESCRIPtION ALL THAT CERTAIN tract ofland situate in South Middleton Township, CUmberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the side of the public road now lmown as Mountain Road which leads from the Village of Boiling Springs to the "Whiskey Spring" Road and which iron pin at the Place of Beginning is in line oflands now or formerly of Jacob Sweeney; thence in a North-Easterly direction of 100 feet to an iron pin in the Northeasterly side of said public road now known as Mountain Road; thence by land now or for.merly of William S. Sheaffer, a predecessor in title, in a Westerly direction a distance of 826 feet to an iron pin in line of land now or formerly of Eugene Fisher; thence in a Southeasterly direction along line of said land now or formerly of Eugene Fisher a distance of 100 feet 03 inches to an iron pin in line ofland now or fonnerly of Jacob Sweeney; thence by said land now or formerly of Jacob Sweeney in an Easterly direction a distance of 825 feet to an iron pin in the side of the public road now known as Mountain Road at the place of BEGINNING. THE ABOVE-described tract ofJand contains an area of 1.9 acres, be the same more or less, and has themailingaddressof546Mountain~oad.Boiling Springs, Pennsylvania 17007. TOGETIffiR with all and singular buildings, ways, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof, and also all the estate, right, title, interest, use, trust, property, possession, claim and demand whatsoever, of the said John S. Morton, at and immediately before the time of is death, in law, equity or otherwise howsoever, of, in, to or out of the same. Parcel ID # 40-12-0344-042 Being Known As: 546 Mountain Road, Boiling Springs, PA 17007. , ,"-,-- . ~ 11 ~'~','l:.'m"_. ",'.' l~~-" _.,.~,: ,~::C '<> ,,_"_~._~-',_ -- ,'.,-,,_,~,,~_ .-~_,_Y~.'" . --:-:_~:,2~,~--;,'-_-' -' ,,:..:i:~ " ,. to McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE v. DALE MORTON A/K/A DALE E. MORTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term AFFIDAVIT OF SERVICE 1, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 11th day of October, 2001, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "AU. Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." TERRENCE J. Ci& E, ESQUIRE .-/ SWORN TO AND SUBSCRIBED BEFORE ME THIS 11th DAY OF OCTOBER, 2001. _ 11Lt~ tv. V. . /Jdav- ~NOTARY PUBLIC · I "---~_'_~ ~IC .NOTARlACs~ d:~ FA. . .1f01.ACIK, ~Ofl!y Public , Coinr~ PhiIa. . COUllly I =.". March 28, 2005 ~!):j.~~~~~~!lli;'~---' .tl~~!.lr~m&.IMMm,~!WJlJIoM_iii1~'[LarMi:i.J.: _.>_," ""_""~r'-",,-"'''''''''',",,,_, .~". -,'~ - """".'~=-'.""" -. ,# "', ", r' _ ,I~. M'~ ,'. "-.' - .~I .-~.,-"-"--< ,= -~'''if i 1:1 iJ j " l .. i I .~ ! I I I I I (") 0 ~ ~ :s.. 0 ril.gj n -- -l ~~, .-r"1 Z::n -",- Zs.;- :g8 ~;: c.'-' ., 0).. ;,:::0 _---{ I..~) --0 -C'T, ~8 :x ~~5 >0 r:- om ~ N ~ N -< ,J j ,~,- J ~. "," '~--.~-"I--.--,,- ",',;, --~-'"" ','-" ,. ~; .".~ - "iei,,-, ,', "_.k 'j '_~ ., ,,~"-,;;.~.~-; .I " t. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE v. DALE MORTON A/K/A DALE E. MORTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 546 Mountain Road, Boiling Springs, PA 17007, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) : Name Address Dale Morton a/k/ a Dale E. Morton 546 Mountain Road Boiling Springs, PA 17007 2. Name and address of Defendant(sl in the judgment: Name Address Dale Morton a/k/a Dale E. Morton 546 Mountain Road Boiling Springs, PA 17007 ~XHIBIT "P,;' J,_ , 1'-'. ,', -",. ,-,,- <, ,;;:"_,,,;S_ 'Li .;.c ~,.;_","/,,_'(.'~__ , .,", ,c _ ~" :>': ,';,' ',(-il,," ,;; --~~';--_';L-__L"~;'_~,,, ~'~, / . 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6 . Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s)/Occupant(s} 546 Mountain Road Boiling Springs, PA 17007 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. iNLe~t!@~ TERRENCE J. M E, ESQUIRE Attorney fotXAfb IT "1\' October 11, 2001 DATE ;^_.~' .' 10_, - ~v, 0 _ '_ ,'__', ,'" ,',__", ,\",", 0:"""' ':''''0,,,.:.,1>,,,,,',,-; ':,.~;,^- ~ - ~~ ,~ ""~I " i , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE v. DALE MORTON A/K/A DALE E. MORTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NU~BER 01-2490 Civil Term DATE: October 11, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Dale Morton a/k/a Dale E. Morton PROPERTY: 546 Mountain Road, Boiling Springs, PA 17007 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on December 5, 2001 at 10:00 a.m. in the Commissioner r s Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, pennsyl vania 17013. Our records indicate that you may hold a interest in the property which will be extinguished 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 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT "8" . ~~~~'~m!,f:~1 :: ! V> "-j -i I I ! ,~ :.1 ':=0; i ~ i ' .... j, " "' 6' 3 '" '" .... -.... :J> " ~ " !e- 8 o "0' h <' :z R~: !!l.g' -0-., o 9.! Cl/~;!'! \g~: . i I ~ g: ~i '" ". ~ " ~ ~.~; "~" iiie-, az. ~~; 9-J r.'g! " ~ g-g" ~" ~.. w. ;;- F ~ -.. ~ ~-~~-';il~: d';:; ~Oa ii: 2'0:' -. in:IlS' '" -2. ~! a CD grg ~[~.~! ~ gc,,5 ~!i!.9.g.; :::I ~~::,.~g~;; 3!-"E.a ~3 <I llJ III 5 ::T ~.9! ... I g~-&.3;S.;: !!:!.~~lIr~~;;.,., ~ ::g;'i~~1 ;=~s~""g~.11 (.I)==."'!f <: ~ a~lJ:g:~gj ;;~;l:';[~ ~t--,~- III '" lD <11 0::1 g-I g2.~~g.!til ::I~~.[;~* ~;3.g~]",: i~ [g'~'~~~_ _..l-_ '" =-3 f!:!.: ~<tI: I 'CI ii: "', ~ :S'o.~ I I -!:;~-S:<e.g g-I i ~:g,-re ~ ~ 3 iil! I Q~~E~~i!. cn(")1O =,.. m ow'l ~g/i;'~.g.g !f, g-3 ~3.c;';;: $.i a.... Ul g <:I 2' 3' ;:::=g3 g !le!.'1 ~:~~~ g'~I-'_. :2:g:g~;. ~3.e'~~~~1 ~~.;.;.g-g ~'--' [[~~ ~ :;~.i a.~~ ~ 3'!i: g.:..",., ;;::"";=m c 03: ~~if?;':']~1 tDg '" ~ ~'E..., 'I' ~Offi'"3~~ ~Q'~i1f~':i! *,3~ 0'"0 g._I . ~:iiI~1 iil ~o<i"o",! . :;;:: I oJ.J ............ I i I '- '-'T I 1-''''-r I' i . . I '.' ;r-;-~" I " ,. ...,....\,..... '.9_ l:r}:''":. "'~i'\'.c. ' "1'<' 'n1 ''''' . 1."5 . ~: '/ --, j. --I ". ,-'. ~'.:; ':'"' i '. \". <5 <5. .. /",~.? I '<::'l~~"" ':!'~;7'''r-'!J ~ I i , I I - 1'-----1" --I I I i I I I 1 I , I ! I I I i I , I I i I , , ~~ 'r~ I : i I i I I -i_.. i....--j. --1-' i I ! I I I .~-I I m.,_' -;-'--1 I , , i I I I L ..-t-- _!_- , , ! I ---1" I r ! - .~. i ! j " ---j -I ~.~ I ----. ~ -----"_._~ ~ p:- f~~ J,..,o j!; i c;:[ ~_ ! ~ :(").0 i ~:~~, "';1:>; fi": k,'fli .:::i~ ;1 0:0 (j\ - , (j'o' ,.._-".~. , , \::l~ ( ;i, If' " E $l- I r>.. if .f-J 1_---- .._-,_.: , ;.. i ',".,.., ~. . i )- ;-1 J B r.. fTr -\ 1M U;)I I i ;: C':l I ,., ,~,._. '.;.__ "II l ::1" :;1Jsi15': 1::;"0"" ~ ~'~-::?1 'iil~ !l!.oa q -- cr s....<o:::ll-c 3!,:;, ~ i!.~.!! i!. ~ c......S1! -!. ii! I ;:: g> -3 --1T"'---;. '" ~::J u)_ R ~ - ~ I!C --t) '9 h': Z II> g ="i> '-~.3: -~ -m 1r":J"";--;S1-m1:J ;: .;.. 2. ~: ; . ~. - p ) ~ . j. " ::D is.'" ::O:D:::C -::p.~ ,~- ~!!~d18 0-- iO> ~t:_. _t~ 'e. -35-2- - I, i g. ~::D @ IS. c' i~ ~~c.~ c . ~1i ~ ..:J 1 3 Q -< j g. ~ s- --t--. ::I g. m I ~ ~ i ' II> u. [ 1'1i i m~_ .!..,., !L"l":;'-~'~-~::;;i~ 'mO '\1~_. x '11~~m~2' ~ m!Q.~~S:;irlll~ 0:1::<;- S'-g:Q.!II-o ~ ~ (if::. s Ill::c -i. ".-:2,..., g!!!...lij. ro ;0'-..::: ~ CD ;~~;- !!5 :~ ~! :(010) ----""1 '~i'i 1~ [ i*;fl 'iB', .-"+-I;il !;&! , I ! , 0: , t::: '=:ro. "'" ,8~: !!1: '" , c I ~-I" i~ ij:; ! j~ -I fer! :r ;)> I i 2: 'w z i ~~ , " i-.. I.,~. I , -i +- '"0, ~" . . 1 '"11m: ;~ Oi ., , ." m ~ g:z, .... :.... ,'",,1 ."B"" " , - i'TI:Il ig :Il .2 ~~ ~ " -0 u _?;; .....&m i --~-~~~ ;'.. _fn~1r~ -S"!, -gl~~:;~ . . , ,,.:; ~ 'i''' i"':~X~~'i ..'.......c:~~:J if g~~~~ .~'''''.;$.''''<:; >0000 ::0 ~==r() ~ ~~j~ (:) rn ""_ ~ """<j :;:-: "" '" p ~~j~~~rii~W:~_fJ}iI~~i',l~M.'-""f.",~"" ,..", _~-c_,~,,_,;,,:-' ~,,,""~'.,-,,.,,,:_"{H,,,lkm~~ \'l.' ~ '-r..-_'"__ _. ,~'"'~,_~< J ~"' _. _~_'''M, , ." ,,-~- ? " ~- It"li ii1ll1MA ":""''''''~ --, tlt'n-~-illfJl!d~-'~<f~!I1!~"nlliL....:'- !.Oll.~~,,,-, il~lJ- - 0 0 () C .." ~ C) -Urn C""J ~rn ..... .. _:(1 i-~ zC ,..3 ;:::::'1 (j) J> t/l '.-",J 2-"" ?"\ i :<:C:~; ~() )> -u g~ ZO :>0 r::- c: ~ "J ?6 r-:> -< >"~""''''''-'''"~ Bankers Trust Company of California N.A, as Custodian or Trustee VS Dale Morton alk!a Dale E. Morton . ~ li._..""",,,,.. . ~- ---. ,-- I h ]' --~ 'h ~ , In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2490 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Terrence McCabe. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Law Joumal Patriot News 30.00 20.00 15.00 .50 1.00 25.68 4.55 15.00 15.00 1.14 15.29 20.00 353.75 262.95 $ 779.86 paid by attorney 3-07-02 Sworn and subscribed to before me This Ii/I!;- day of '/h-fud) 2002, AD. 9<r-OIn./;"~<~ Prothonotary So~~ ~ r~;J~<1~ R. Thomas Kline, Sheriff BY \JoeL I JV1A if-t-[ Real Estate Deputy ,<) ,. elL ')5'5.1l ~. 1)..2 f',).y ~''''.~"" .-- ~ - ~- ~ ,~ - ~" , l. ,<' ,_', '~, 'It''.' ..\ . ~ ..... po . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE v. DALE MORTON A/K/A DALE E. MORTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 546 Mountain Road, Boiling Springs, PA 17007, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) Name Address Dale Morton a/k/ a Dale E. Morton 546 Mountain Road Boiling Springs, PA 17007 2. Name and address of Defendant(s) in the judgment: Name Address Dale Morton a/k/a Dale E. Morton 546 Mountain Road Bo~ling Springs, PA 17007 _~ 1 '... I " '^'__^,_ _, , ~,_,_ < ,. ,.. . ..c. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant (s)/Occupant (s) 546 Mountain Road Boiling Springs, PA 17007 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to., the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. June 26, 2001 DATE TERRENCE J. McCABE, ESQUIRE _lll1.-.~-"'; - --'--'-"~ - . , " ,-~ " - , -"-='-~'-~II ].--,1 ,I j :1 I I I !I '1 1 ,I ,I 'i ;,j . ..... '"' Y", EXH\B\1 "~\ LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in South Middleton Township, Cumberland County, PelUlsyJvania, bounded and described as follows: ,j 1 , :j I I I I I I I I I I i I , i , I I i 1 I :! BEGINNING at an iron pin in the side of the public road now known as Mountain Road which leads from the Village of Boiling Springs to the "Whiskey Spring" Road and which iron pin at the Place of Beginning is in line of1ands now or formerly of Jacob Sweeney; thence in a North-Easterly direction of 100 feet to an iron pin in the Northeasterly side of said public road now known as Mountain Road; thence by land now or formerly of William S. Sheaffer, a predecessor in title, in a Westerly direction a distance of 826 feet to an iron pin in line of land now or formerly of Eugene Fisher; thence in a Southeasterly direction along line of said land now or formerly of Eugene Fisher a distance of 100 feet 03 inches to an iron pin in line ofland now or formerly of Jacob Sweenl;lY; thl;lnceby said land now or formerly of Jacob Sweeney in an Easterly direction a distance of 825 feet to an iron pin in the side of the public road now known as Mountain Road at the place of BEGINNING. If IE ABOVE-described tract ofland contains an area of 1.9 acres, be the same more or less, and has the mailing address of546 MountainRoad,Boiling Springs, Pennsylvania 17007. TOGETHER with all and singular buildings, ways, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever there'lUlto belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof. and also all the estate, right, title, interest, use, trust, property, possession, claim and demand whatsoever, of the said John S. Morton, at and .immediately before the time ofis death, in law, equity or otherwise howsoever, of, in, to or out of the same. Parcel ID # 40_12-0344-042 Road, Boiling Springs, PA 17007. Being Known As: 546 Mountain ~=~ -- " " . ... r- ' .,,- .. WRIT OF EXECUTION andlor ATTACHMENT QOMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-2490 CIVIL nP TER'1 CIVIL ACTION - LAW - TO THE SHERIFF OF Cumberland COUNTY To satisfy the debt. interest and costs due _ Bankers Trust Canpany of California, N.A. As Custcdian Or Trustee PLAINTIFF(S) from Dale Morton a/k/a Dale E. Morton, 546 Mountain Road, Boiling Springs, PA 17007 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal 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 nomy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) islare 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 ofthe defendant(s) not levied upon an subject to attachment is found in fhe 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. % Due Prothy Other Costs $.50 $1. 00 Amount Due $<", <(11 . 'i'i LL Interest frrn1 6123/01 Atty's Comm Atty Paid Pfaintiff Paid $104.34 Date; July 3, 2001 Curtis R. Long Prothonotary, Civil Division REQUESTING PARTY: Name Terrence J. McCabe, Esq. Address: 123 S. Broad Street, Suite 2080 philadelphia, PA 19109 Attorney for: Plaintiff Telephone: 215- 790-1010 Supreme Court 10 No. 16496 ~~<liiri~Jlli'i,Lr"j,lm;,ai!h"";c;";;&,~~~"~&;MID,,,iiiliIi-,"*.J~j..~~<<:,,J;-li,,,;;,'''''iCe; ",-,;,';')1' "<,W-.'.fJ,tii[;i;l'~"of'J.>."il!"}:;a;,,,--klti!E"'rfl:~iI.\\lilIl!~'_!IB . .', liU ""'if...."""'"~-~~'"""'~~= . ... ..~..... --. , REAL ESTATE SALE No. 01 On ,~pl_ (j (, r ().oO ( the sheriff levied upon the C181enoan: Interest In the real property situated In. 'M tfh (YJ idd[p f.cJ V) 7N,1J no/Up Cumberland County, Pa., known and numbered as.fY/~ lY'pufrf{J}J1.. Pd . BtJit!j l~h i~nd more fully described on Exblbtt "A" flied with this writ and by tbls reference Incorporated herein. OateJ,{>f. OG ; dlfJ I ~ ~ ~ \! I ~I V ;', l ) :j-" [HEld , ,'~) 10. ~V 00 9 5 'lIlf AlN"f "" , Jr. . ,'u, .."'1I3U~ .., o "e,',/" '1.., :-L-u .:W];;/:1.:10 'b " ';.4-~'_H"_~___' .,-"~,,,. ~ ___."",x_,.,~,~."""'.,,,._{'_ _ _.'.n~ =. ,.,... o,,"".__"~__ n'. _ _~. , .' ~ ~1I!J!'l!,._~!lJ. <. _ ..~ . ""......,,--~ , -j,,-"- ~;:..-j.L, .--, ~'';''~b;o> J-_~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. 1..1784 STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esqnire, 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 officiallegal 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 ofthe said Cumberland Law Journal on the following dates, VIZ: October 12, 19,26,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Joumal, 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 pub Ii cation are true. ~al'Edi~- SWORN TO AND SUBSCRIBED before rne this 26 day of OCTOBER. 2001 " t.'OTARIAl.. LOIS E. St.'YOER, Molal}' Public Cariiilll 130m, Cc!m!J,.~r!arnl County My Commission Expires MIlCh 5, ZOO5 ''"~~' ... ~". i.L,. .-,' :..e ',,.c., ,-. . ~l_ ,- . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 Th e Patriot-News and The Sundav 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 andlor Sundayl Metro editions which appeared on the 23th and 30th day(s} of October and the 6th day(s) of November 2001. 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'tmpany and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dau 'n i iscellaneous Book "M", Volume 14, Page 317. PUBLICATION ............................ ...~....... ........................................................ COpy his 19th day N mber 2001 A.D. S ALE #1 NaIlIdII.... &=Y2002 I NOTARY PUBLIC ~~AssoOlatIonOlNoI8tt~ commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 261.45 1.50 262.95 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... ,-- ~ ..., '- . .1 REAL ESTATE SAlE No.1 BanK:ei'S Trust Co. of - -~ ~ ~'"' California, N.A. as ( CUS~O(na~~~!Jr!:!_stee ~;. - , - ,ti~;{Ml~on -SikJa" =--- -~: Dale E. Morton ~~ -. :~;,-:::----, WfIt No. 2001w2490 =- _~-=-~;--~~lvIlTerm ~'"1'iJI, MY:Ternnce McCabe ~U~ JIDl'r ...w....THAT Q;RTA)N "'" of laod ,itwUe in ~lh Middletown Township, Cumberland ~e!lns'yl\'anIa__bounded and de~c.tihed as ,,~ foUO'.\'s.: _ BEGJN1.UNG at an iron pin in the ~idc of the ~1fublic rOad now known as Mountain Road which ~~ from \he Vil1age of Boiling Springs \0 \be ~.sprirrg"Roadand which iron pin at the ~;lCl; Qf B~& i~. in ..1if1C of.la.uili. tWW. or ~_.9aatQb SW~:f thence ~"N.Qlih- ~~gQri oLlO1fceUo aniwn pin in the ~'si@of~dpublkroadnowk..uo....n ~'RQad; t.Q.e.ucc b, tand now or -= ronncrlfOfW1lliam S. SbcaJIer. a prec!e\;~SSO! in ~a WeMe1Jy direction a distance of 826 feet ro an tronpin in line of land now or furmerl) of ~FiShfi;' thence in. a So~rl'i direction along line of said land now Of Connedy of Eugene_FishcLa dMance of 100 feet 03 inches .w_ahiron pin in line ofJandnow or forrue.rl}' Q[ Jacob Sweenc}'; thence by said land D.Cn\' or formerly of Jacob Sweeney in an Easterly direction a distance of 825 feel to. an iron pin in the side of. ~ public road now lnown 2$ , Mountain Road allhe place of BEGINNING. - .,- _". -O'-__TEEABOYE.dc~ribed tract of lalld.contains aD. ~f 1.9 acres, be lhe same mare wIess, and- .' l.1as the mailing adclt~ of 546 MounGlin Road, ~~.min&s,PelU','iYl\'aniaI7007. _ __ .. Il.)I..IJ:.1HER with an and singular buildings, ~ 'IifqS. waters, waler,-courses, rights, Iibertieil, l"prlvileges, hereditaJ:llents and appurtenances_ FWbom.oe,'er thereunto. belonging or in anywise ~ain1ng and the l;~versions and remainders, _ "rents, issues and prafits thereof, and alSo. all the ~, right, lttle, inlm.sl, use. tru5t, ~ropcrt), ., possession. claim and demapd whatsoever, af the ~d John S. Marton, at and immediately before ~IJm~q(Jtis death, in la%..equity or otherwise ~s:oc\'cr>of.. in, to OI out of t.l1c same. ~ParcelIDB40.j2.Q344.042 ~ Bci,p,g kna\l,'fi as: 546 Mauntain Road, Boiling ~PAI7007, ~ \ " , . ~ RI!lAL ESTA'l!E SII:LE N0. 1 Writ No. 2001-2490 Civil Bankers Trust Company of California N.A.. as Custod1an or Trustee vs. Dale Morton, a/k/ a Dale E. Morton Atty.: Terrence McCabe LEGAL DESCRIPTION ALL 1HAT CERTAIN tract of land. situate in South Middleton Town- ship. Cumberland County. Pennsyl- vania, bounded and deSCJ1bed as follows: BEGINNING at an tron pin in the side of the public road now known as Mountain Road which leads from the village of Bo1l1ng Springs to the "Whiskey Spring" Road and which tron pill at the Place of BegJnnJng Is in line of lands now or formerly of Jacob- Sweeney: thence in a North- Easterly cUrection of 100 feet to an iron pin in the Northeasterly side of said public road now known as Mountain Road: thence by land now or formerly of William S. Sheaffer, a predecessor in title, in a Westerly direction a dtstance of 826 feet to an iron pin in line of land now or f0I1nerly of Eugene Fisher; thence in a Southeasterly direction along line of said land now or formerly of Eugene Fisher a 'distance of 100 feet 03, inches to an iron pin in line of larld now or formerly of Jacob Sweeney; thence by said land now or formerly of Jacob SWeeney in an Easterly direction a d1stance of 825 feet to an iron pin the side of the public road now known as Moun- tmn Road at the place of BEGIN- NING. THE ABOVE-described tract of land containS an area of 1.9 acres, be the same more or less, and has the mailing address of 546 Moun- tain Road, Boiling Springs. Pennsyl- vania 17007. TOGETHER wiLl} all and s1ngu- lar bUildings. ways. waters, water- courses. rights. liberties. privileges. hereditaments and appurtenances whatsoever thereunto belonging or ill anywise appertaJning and the re- versions and remainders, rents, is- sues and profits thereof, and also all the estate. right. tltle. illterest, use, trust. property, possession, claim and demand whatsoever, of the said Jolu;1 S. Morton. at and immediately before the time of 15 death, in law, equity or otherwise howsoever, of, :!rl, to or out of the same. . Parcel 1D # 40-12-0344.042. Being Known As: 546. Mountain Road. Boiling Springs. PA 17007. -"" ;"'';.'_n_'<. ;,-, j, ~';i',' "-", -,",--~l,l;::-i -." 1 ',-,~ ~"-