HomeMy WebLinkAbout01-04967COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND } SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Washington Mutual Bank is the grantee the same having been sold to said
grantee on the 5th day of March A.D., 2003, under and by virtue of a writ Execution issued on the 19th
day of September, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001
Number 4967, at the suit of Washington Mutual bank against John S Morton Jr is duly recorded in
Sheriff's Deed Book No. 256, Page 3609.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this x S
A.D. 2003
day of
Recorder of Deeds
PA
Washington Mutual Bank, FA In The Court of Common Pleas of
VS Cumberland County, Pennsylvania
John S. Morton Writ No. 2001-4967 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: John S.
Morton, Jr., but was unable to locate him in his bailiwick. He therefore deputized the
Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice and
Description, in the above entitled action, according to law.
PERRY COUNTY RETURN: Served the within named defendant, John S.
Morton, Jr. on November 8, 2002 at 1:54 o'clock PM by handing to John S. Morton, Jr.
personally at P.O. Box 168, Rye Lane, Shermansdale, PA 17090, a true and correct copy
of the within Real Estate Writ, Notice and Description, and making known unto him the
contents thereof.
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states
that on January 06, 2003 at 2:40 o'clock P.M., he posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of John S. Morton, Jr. located at 534 Mountain Road, Boiling Springs,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: John S. Morton, Jr. by regular mail to his last known address
of P.O. Box 168, Rye Lane, Shermansdale, PA 17090. This letter was mailed under the
date of January 13, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on March 5, 2003 at 10:00 o'clock A.M. He sold the same for the
sum of $5,000.00 to Attorney Frank Federman for Washington Mutual Bank, FA. It
being the highest bid and best price received for the same, Washington Mutual Bank, FA
of 11200 W. Parkland Ave., Milwaukee, WI 53224, being the buyer in this execution,
paid to Sheriff R. Thomas Kline the sum of $2000.00.
Sheriffs Costs
Docketing $30.00
Poundage 100.00
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library
Prothonotary 1.00
Mileage 4.14
Certified Mail 2.79
Levy 15.00
Surcharge 20.00
Out of County 9.00
Perry County 27.30
Law Journal 246.80
Patriot News 235.18
Share of Bills 25.21
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$ 850.92
Sworn and subscribed to before me So Answers:
This Jb day of
R. Thomas Kline, Sheriff
2003, A.D. Qw'eL IQ ?,
ro onotary BY 6
Real Esta eputy
01 ?
3n C
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 014967 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s)
From JOHN S. MORTON, JR., 534 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007
(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 gamishee(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 Due127,104.26 L.L.
Interest FROM 10/4/01 TO 3/5/03 (PER DIEM - $20.90) - $10,826.20 AND COSTS
Atty's Comm % Due Prothy $1.00
Arty Paid $781.27 Other Costs
Plaintiff Paid
Date: SEPTEMBER 19, 2002
CURTIS R. LONG
Prothonot
(Seal) Y::
Deputy L
REQUESTING PARTY:
Name FRANK FEDERMAN, 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. 12248
Real Estate Sale # 10
On October 24, 2002 the sheriff levied upon the
defendant's interest in the real property situated in
South Middleton Township, Cumberland County, PA
known and numbered as 534 Mountain Road,
Boiling Springs, more fully described on Exhibit "A"
failed with this writ and by this reference incorporated herein.
Date: October 24, 2002 By: ??c c.( <JYvvl
Real Estate Deputy
O
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SCHEDULE OF DISTRIBUTION
SALE NO. 10
Date Filed: April 4, 2003
Writ No. 2001-4967 Civil Term
Washington Mutual Bank, FA
VS
John S. Morton
534 Mountain Road
Boiling Springs, PA 17007
Sale Date: March 5, 2003
Buyer: Washington Mutual Bank, FA
Bid Price: $5,000.00
Real Debt: $127,104.26
Interest: 10,826.20
Attorney Costs: 781.27
Total: $138,711.73
DISTRIBUTION:
Receipts:
Cash on account (10/24/02): $1,500.00
Cash on account (03/05/03): 500.00
Credit Writ No. 2001-4967: 3,000.00
Total Receipts: $5,000.00
Disbursements:
To Sheriffs Costs: $ 850.92
To Legal Search: 200.00
To Cumberland County
Tax Claim Bureau 198.23
To Attorney Frank Federman 750.85
Credit Writ No. 2001-4967: 3,000.00
Total Disbursements:
Balance for distribution:
Answfjs:
(S5,000.00
0.00
R. Thomas Kline
Sheriff
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 10
Held Wednesday, March 5, 2003
Date: March 5, 2003
TAXES: Receipts for all taxes for the years 2000 to 2002 inclusive. Taxes for the current year
2003.
WATER RENT: Company assumes no liability for private supply of water or sewer.
SEWER RENT Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated 2003, and recorded
2003, in Cumberland County Deed Book Page
RECITAL: Being the same premises which Barbara E. Leibrum, Executrix of the Estate of
Josephine B. Clark, by deed dated December 17, 1997 and recorded December 19, 1997 in the
Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed
Book 169 Page 684, granted and conveyed to John S. Morton, Jr., single man.
OTHER EXCEPTIONS:
The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed of Mountain Road.
6. Mortgage in the amount of $114,800.00 given by John S. Morton Jr., to Foundations
Funding Group, Inc. dated November 27, 2000 and recorded February 5, 2001 in
Mortgage Book 1668 Page 779. Affidavit of lost assignment of mortgage assigning said
mortgage to Washington Mutual Bank recorded March 5, 2003 in Miscellaneous Record
Book 695, Page 50.
Complaint filed by Washington Mutual Bank as Plaintiff against John S. Morton, Jr., as
M
Defendant on August 24, 2001 in the Office of the Prothonotary of Cumberland County
to file no. 2001-4967. Judgment in the amount of $127,104.26 entered October 10,
2001.
Real estate taxes turned over to the Cumberland County Tax Claim Bureau in the amount
of $198.23 as of the date of this report.
8. Satisfactory evidence to be produced that notice was given to all holders of liens and
encumbrances intended to be divested by subject Sheriff's sale.
Satisfactory proof to be provided that the record holder of title has not subsequent to
acquisition of title been a party to any divorce proceedings, whether currently ongoing or
completed prior to the transaction that is the subject of this report.
10.. Real estate taxes accruing on and after July 1, 2003 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has
any search been made for environmental liens in Federal District Court.
Robert G. Frey, Agent
Note: This Title Report shall not be val' or
until countersigned by an authorized signa
REAL ESTATE SALE NO. 10
Writ No. 2001-4967 Civil 1
Washington Mutual Bank, FA
vs.
John S. Morton, Jr.
Atty.: Frank Federman
ALL THAT CERTAIN place, par-
cel or tract of land situate in the
Township of South Middleton, Cum-
berland County, Penna., more partic-
ularly bounded and described as fol-
lows:
BEGINNING at an iron pin in the
northerly side of the public road
leading from the Old Town Road to
Boiling Springs; thence by lands of
Cloyd Killinger in a northwesterly
direction a distance of five hundred
and eighty feet to an iron pin in line
of lands of Lewis Otto Estate;
thence in a southerly direction along
lands of said Lewis Otto Estate a -
distance of one hundred and five
feet to an iron pin in line of other
lands of the Grantors herein; thence
by said other lands of grantors here-
In in a southeasterly direction a dis-
tance of five hundred and eighty feet -
to an iron pin in the northerly side
of the public road aforesaid; thence
by the northerly side of the said pub- _
lic road, in a northeasterly direc-
tion one hundred and live feet to an
iron pin, the place of beginning,
containing 60,900 square feet of
land strict measure.
Tax Parcel 040-12-0344-016.
TITLE TO SAID PREMISES IS
VESTED IN John S. Morton, Jr.,
single man by Deed from Barbara
E. Letbrum, Executrix of the Estate
of Josephine B. Clark, a/k/a, Jo-
sephine R. Clark dated 12/17/97,
recorded 12/19/97, in Deed Book
169, Page 684.
PREMISES BEING KNOWN AS
534 MOUNTAIN ROAD, BOILING
SPRINGS, PA 17007.
REAL ESTATE SALE #10 .
ATTORNEY Frank Federman
Advance Costs: $ 1,500.00
Assessed Valuation: $75,720.00
Writ No. 2001-4967 Civil Term
Washington Mutual Bank, FA
VS
John S. Morton, Jr.
534 Mountain Road
Boiling Springs, PA 17007
Real Debt: $127,104.26
Interest 10,826.20
Attorney writ costs 781.27
Sheriff's Costs:
Docketing 30.00
Poundage 100.00
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library
Prothonotary 1.00
Mileage 4.14
Certified Mail 2.79
Levy 15.00
Surcharge 20.00
Out of County 9.00
Perry County 27.30
Postpone sale
Legal Search
Law Journal 246.80
Patriot News 235.18
Share of bills 25.21
Distribution of proceeds 25.00
Sheriff's deed 39.50
Cumberland Co. Tax Claim Bureau 198.23
WASHINGTON MUTUAL BANK, FA
V.
JOHN S. MORTON, JR.
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
CIVIL DIVISION
Defendant(s).
NO. 01-4967 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
WASHINGTON MUTUAL BANK, FA, Plaintiff in the above action, by its attorney, FRANK
FEDERMAN, 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 ,534 MOUNTAIN ROAD, BOILING
SPRINGS, PA 17007.
1. Name and address of Owner(s) or reputed Owner(s):
Name
JOHN S. MORTON, JR.
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of everyjudgment 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)
None
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
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
13 North Hanover Street
Carlisle, PA 17013
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.
September 16, 2002 1A L )YAdz1 1
DATE FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA
Plaintiff,
v.
JOHN S. MORTON, JR.
Defendant(s).
CUMBERLAND COUNTY
No. 01-4967 CIVIL
September 16, 2002
TO: JOHN S. MORTON, JR.
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
* *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN
BANKRUPTCYAND 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 LIENAGAINST PROPERTY. * *
Your house (real estate) at, 534 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007, is
scheduled to be sold at the Sheriffs Sale on 3/5/03 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $127,104.26 obtained by
WASHINGTON MUTUAL BANK, FA (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 MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
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.
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.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
ALL THAT CERTAIN place, parcel or tract of land situate in the Township of South Middleton,
Cumberland County, Penna., more particularly bounded and described as follows:
BEGINNING at an iron pin in the northerly side of the public road leading from the Old Town Road
to. Boiling Sprin_s; thence by lands of Cloyd Killinger in a northwesterly direction a distance of five
Aundred and eighty feet to an iron pin in line of lands of Lewis Otto Estate; thence in a southerly
direction along lands of said Lewis Otto Estate a distance of one hundred and five feet to an iron pin
in line of other lands of the Grantors herein, 9hence by said other lands of grantors herein in a
southeasterly direction a distance of five hundred and eighty feet to an iron pin in the northerly side of
the public road aforesaid; thence by the northerly side of the said public road, in a northeasterly
direction one hundred and five feet to an iron pin, the place of beginning, containing 60,900 square feet
of land strict measure.
Tax Parcel #40-12-034,-016
ME TO SAID PREMISES ISS VESTED lei John S. Morton, Jr., single man by Deed from
rbara E. Leibrum, Executrix of the Estate of Josephine B. Clark, a/kla, Josephine R. Clark dated
'17/97, recorded 12/19/97, in Deed Book 169, Page 684.
PREMISES BEING KNOWN AS 534 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND :
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JANUARY 31, FEBRUARY 7, 14, 2003
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
/
Lisa Marie Coyne ditor
SWORN TO AND SUBSCRIBED before me this
14 day of FEBRUARY. 2003
LOTS E. S EK K?etqr w'&1c
Caftle Bow, tva ,-.tae nd CounMy cmmfts?m E,.'2%05
, i 5,
REAL ESTATE SALE NO. 10
Writ No. 2001-4967 Civil
Washington Mutual Bank. FA
VS.
John S. Morton. Jr.
Atty.: Frank Federman
ALL THAT CERTAIN place, par-
cel or tract of land situate in the
Township of South Middleton, Cum-
berland County. Penna., more partic-
ularly bounded and described as fol-
lows:
BEGINNING at an iron pin in the
northerly side of the public road
leading from the Old Town Road to
Boiling Springs; thence by lands of
Cloyd Killinger in a northwesterly
direction a distance of five hundred
and eighty feet to an iron pin in line
of lands of Lewis Otto Estate;
thence in a southerly direction along
lands of said Lewis Otto Estate a
distance of one hundred and five
feet to an iron pin in line of other
lands of the Grantors herein: thence
by said other lands of grantors here-
in in a southeasterly direction a dis-
tance of five hundred and eighty feet
to an iron pin in the northerly side
of the public mad aforesaid; thence
by the northerly side of the said pub-
lic road, in a northeasterly direc-
tion one hundred and five feet to an
iron pin, the place of beginning,
containing 60,900 square feet of
land strict measure.
Tax Parcel #40-12-0344-016.
TITLE TO SAID PREMISES IS
VESTED IN John S. Morton, Jr.,
single man by Deed from Barbara
E. Leibrum, Executrix of the Estate
of Josephine B. Clark, a/k/a. Jo-
sephine R. Clark dated 12/17/97,
recorded 12/19/97, in Deed Book
169, Page 684.
PREMISES BEING KNOWN AS
534 MOUNTAIN ROAD, BOILING
SPRINGS, PA 17007.
4 ?
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 Asst.
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 on the 28th day(s) of January and the 4th and
11th day(s) of February 2003. 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 #10
Sworn to and
this 14th
2003 A.D.
Notarial Seal
Russell, Notary Public 1
nsburg, Dauphin County
sion Expires June 6, 2006
NI rARY PUBLIC
My commission expires June 6, 2006
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 $ 233.43
Probating same Notary Fee(s) $ 1.75
Total $ 235.18
. Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday 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 ....................................................................
REAL ESYA-TE-SALENo. 70
Writ No. 2401-4967
Civil Term
.. Washington Mutual Bank, FA
VS
John S. Morton, Jr.
or trust of
mom
BEGfNNINO at an von pin in the northerly side
_ of the public road leading from the Old Town
Road to Boiling Springs; thence by lands of
Boyd Killinger in a northwesterly direction a
e°.dbiance of five hundred and eighty feet to an ban
F'p'ta7In line of lands of Lewis Otto Estate; thence
I;Tin-rtiba therly direction along landsof said Lewis
=Orto.£state a distance of one hundred and five
j4SLl -m ban pin in tine of other lands of the
Grantors herein; thence by said other lands of
-grantors berein in a southeasterly direction a
disance of five hundred and eighty feet to an iron
=pin in the northerly side of the public road
efotosaid2thence by the northerly side of the said
gtoad,- in a northeasterly direction one
red and five feet to an iron pin, the place of
b' maih?a,-containigg_60,Dggnare[ect of lands
falacere. _ .
REMISES 1S VESTED IN
sbcgte man, by Deed from
Executrix-of the Estate of
laced 1211i/97, recorded 12/
169, Page 694.
KNOWN AS 534 Mountain
4
Washington Mutual Bank, FA
VS -
John S. Morton, Jr.
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-4967 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Frank Federman.
Sheriff s Costs
Docketing 30.00
Surcharge 20.00
Posting Handbills 15.00
Law Library .50
Prothonotary 1.00
Share of Bills 24.20
Mileage 20.80
Levy 15.00
Out of County
Postpone Sale 20.00
Advertising 15.00
Certified Mail 2.33
Poundage 13.04
Law Journal 256.10
Patriot News 231.90
1 $664.87
Sworn and subscribed to before me
This J day of
2002, A.D.
Prothonotary
So Answe!?d
R. Thomas Kline, Sheriff
BY jQ&{,SReal Estate Deputy
CHt gt,?4?
?, ??L rPo
WASHINGTON MUTUAL BANK, FA
Plaintiff,
V.
JOHN S. MORTON, JR.
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 01-4967 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
WASHINGTON MUTUAL BANK, FA, Plaintiff in the above action, by its attorney, FRANK
FEDERMAN, 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,534 MOUNTAIN ROAD, BOILING
SPRINGS, PA 17007.
Name and address of Owner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
JOHN S. MORTON, JR. 534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
Name and 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 so indicate.)
None
4.
6.
Name and address of the last recorded holder of every mortgage of record:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
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 so indicate.)
None
Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
I
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
Name and address of every other person 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 so indicate.)
Tenant/Occupant 534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
Domestic Relations of 13 North Hanover Street
Cumberland County Carlisle, PA 17013
Commonwealth of PO Box 2675
Pennsylvania Department of
Welfare 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 unworn falsification to authorities.
October 3, 2001
DATE
for
WASHINGTON MUTUAL BANK, FA CUMBERLAND COUNTY
Plaintiff,
V. No. 01-4967 CIVIL
JOHN S. MORTON, JR.
Defendant(s).
October 3, 2001
TO: JOHN S. MORTON, JR.
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
"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, 534 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007, is
scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$130,321.91 obtained by WASHINGTON MUTUAL BANK, FA (the mortgagee) against you. If the
Sheriffs sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriffs Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
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.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
ALL THAT CERTAIN place, parcel or tract of land situate in the Township of South Middleton,
Cumberland County, Penna., more particularly bounded and described as follows:
BEGINNING at an iron pin in the northerly side of the public road leading from the Old Town Road
/direction Soiling Springs;ty thence by lands of Cioyd Killinger in a northwesterly direction a distance of five
ndred and eigh feet to an iron pin in line of lands of Lewis Otto Estate; thence in a southerly
along lands of said Lewis Otto Estate a distance of one hundred and five feet to an iron pin
in line of other lands of the Grantors herein; ;fhence by said other lands of grantors herein in a
southeasterly direction a distance of five hundred and eighty feet to an iron pin in the northerly side of
the public road aforesaid; thence by the northerly side of the said public road, in a northeasterly
direction one hundred and five feet to an iron pin, the place of beginning, containing 60,900 square feet
of land strict measure.
Tax Parcel #40-12-0344-016
TITLE TO SAID PREMISES IS VESTED IN John S. Morton, Jr., single man by Deed from
Barbara E. Leibrum, Executrix of the Estate of Josephine B. Clark, a/k/a, Josephine R. Clark dated
1117197, recorded 12119/97, in Deed Book 169, Page 684.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
John S. Morton, Jr., 534 Mountain Road, Boiling Springs PA 17007.
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Washington Mutual Bank,
(1) You are directed to levy upon the property of the defendant(s) and to
at 534 Mountain Road, Boiling Springs PA 17070.
description.
NO. 01-4967 CIVIL 19
_
CIVIL ACTION - LAW
DEFENDANT(S)
,ell Real estate located
(See attached legal
(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/are.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) notlevieduponan subject to attachment is found in the possession of anyoneother
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $127,104.26
Interest 10/3/01 - 3/6/02 $3,217.65
$20.1:19 per an
Atty's Comm %
Ally Paid
Plaintiff F
$103.90
L.L.
Due Prothy _
Other Costs
Date: October 10, 2001 CURTIS R. LONG
REQUESTING PARTY: ,
Name Frank Federman, Esq.
Protho otary, Civil Division
by:
Deputy
Address: 1617 JFK Blvd, Ste 1400
Philadelphia PA 19103 1814
Attorney for: Plaintiff
FA
$.50
Telephone: (215) 563 7000
Supreme Court ID No. 12248
REAL ESTATE SALE No.
On October 29, 2001, the sheriff levied upon the
defendant's interest in the real property situated in
South Middleton Township, Cumberland County, PA,
known and numbered as 534 Mountain Road, Boiling
Springs, and more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: October 29, 2001 By:
?)b e(,t 1 S S f ,
Real Estate Deputy
C 3
CTO
OR
I t !' G h Z l 1 190
a
1lLlpl1l1R6gq _ _ _ .. _ - nRP¢* uv n .a _-..w.?a ?. Win.. pmmx'an?yTp?W'4RIARA!gfX9 r eos•AS _.. ? _,. - ar re gry; -s,K5mu .!Rm rq[Sensr.ia?yita.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND :
ss.
Roger M. Morgenthal, 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:
JANUARY 25, FEBRUARY 1, 8, 2002
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 o time, place and c' ar ,;tr of publication are true.
Ro er M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
---.8 -day of FEBRUARY. 2002
LOIS E. 5 ?. Notmy Public
Carlisle Sm, Cumberland Cou
Expires 5,My6
, 1, a 4 IF,
REAL ESTATE SALE NO. 8
Writ No. 2001-4967 Civil
Washington Mutual Bank, FA
VS.
John S. Morton, Jr.
Atty.: Frank Federman
ALL THAT CERTAIN place, par-
cel or tract of land situate in the
Township of South Middleton, Cum-
berland County, Penna., more par-
ticularly bounded and described
as follows:
BEGINNING at an iron pin in the
northerly side of the public road
leading from the Old Town Road to
Boiling Springs; thence by lands of
Cloyd Killinger In a northwesterly
direction a distance of five hundred
and eighty feet to an iron pin in line
of lands of Lewis Otto Estate;
thence in a southerly direction along
lands of said Lewis Otto Estate a
distance of one hundred and five
feet to an iron pin in line of other
lands of the Grantors herein; thence
by said other lands of grantors
herein in a southeasterly direction
a distance of five hundred and eighty
feet to an iron pin in the northerly
side of the public road aforesaid;
thence by the northerly side of the
said public road, in a northeasterly
direction one hundred and five feet
to an iron pin, the place of begin-
ning, containing 60,900 square feet
of land strict measure.
Tax Parcel #40-12-0344-016.
TITLE TO SAID PREMISES IS
VESTED IN John S. Morton, Jr.,
single man by Deed from Barbara
E. Leibrum, Executrix of the Estate
of Josephine B. Clark, a/k/a,
Josephine R. Clark dated 12/17/
97, recorded 12/19/97, in Deed
Book 169, Page 684.
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
Michael Morrow being duly sworn according to law, deposes and says:
That he is the Asst. 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 on the 29th day(s) January and the 5th and 12th
day(s) of February 2002. 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 Miscella??jeons Book "M",
Volume 14, Page 317. ? ? J /Y I .
PUBLICATION
COPY
SALE#8
2nd day'of FeJampry 2002 A.D
Notarial Seal /
Terry L. Ausagil, Notary Public
Harrisburg, Daupnin County
My Commission Expires June 6,2002 N ARY PUBLIC.
Member, Pennsylvania Association of Noteriffy 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 $ 230.40
Probating same Notary Fee(s) $ 1.50
Total $ 231.90
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday 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 ....................................................................
A _L' STATE SALE No.8 _
Wfft N02BQ,-4967 _
_ -: hill Tor
In on Mutual _
Bank4FA
- John S. Morton, Jr.
39CRLPTi tty: Frank Federman
`? T a CERT40N plan, parcel or tract of
-]and situaa?T oship of South Middleton,
Com6erland-Coot
Pena„ more particularly
at an iron on in the northerly side
road leading from the Old Town
ing Springs; thence by lands of
er in a northwesterly direction a
hundred and eighty feet to an Iran _
ands of Lewis Otto Estate; thence in
;ecfibo along lands of said Lewis
Viureacttiegcetiyy-saidotherlands ofImmors here
=11EVidufheastj y direction a distance of five
-hundred and eighty feet to an iron pin in the
_
?n?oitherly side_oT the public road aforesaid; thence
_by,the northerly side. of the said public mad, in a
'7firtonheaitedy_dnectin one hundred and five feet M _
an iron pin, the place of beginning, containing
90d square feet of land strict measum.
Tax Parcel #40.12-0344-016.
--Tn F TO SAID premises is vested in John S.
"Morton, Jr,.single.Auw, by Deed from Barbara E.
6run4 fiucutriz of_the Eslate of Ins@phine B, _
..
.
rF.d -iosephinoR-M&dated lvi7/97,
1211919 7, i.B j,dyy,gagc 6a4
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: WASHINGTON MUTUAL BANK, FA ) CIVIL ACTION
VS.
JOHN S. MORTON, JR. ) CIVIL DIVISION
NO. 01-4967-CIVIL
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL
BANK, FA hereby verify that on 9116102 & 1216102 true and correct copies of the
Notice of Sheriff's sale were served by certificate of mailing to the recorded
lienholders, and any known interested party see Exhibit "A" attached hereto.
Notice of Sale was sent to the Defendant(s) on 9116/02 by certified mail return
receipt requested see Exhibit "B" attached hereto.
DATE: January 15. 2003
FR?9K FEDERMAN, ESQUIRE
Attorney for Plaintiff
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7160 3901 9844 0120 3998
TO. JOHM S. MORTON, JR.
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
SENDER: KMD
REFERENCE: SALES
RETURN Ponta e
RECEIPT Certified Fee
SERVICE
Total Postage & Fees 7 Q'2
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHLA, PA 19103
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL. DIVISION
WASHINGTON MUTUAL BANK, FA
V.
NO.01-4967
JOHN S. MORTON, JR.
CUMBERLAND COUNTY
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PURSITANT TO P.R_C_P., 4040/403
FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the
Notice of Sheriffs Sale was made by sending a true and correct copy by certified mail to Defendant,
JOHN MORTON at 534 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007 which notice of
Sheriff s Sale was received by Defendant, JOHN S. MORTON, JR. on 9/20/02 as evidenced by the
attached return receipt.
The undersigned understands that this statement is made subject to the penalties of 18 PA
C.S. s 4904 relating to unworn falsification to authorities.
FRANK FEDERMAN, ESQUIRE
ATTORNEY FOR PLAINTIFF
January 15, 2003
delivery address different from Item I? N, I Yes
'ES, enter deiNery address below: [] No
IBS 1T'+-- L-n-
JOHM S. MORTON, JR.
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
P9 Fo[rtt?8 1; July.2QQ1 Domestic Rehm P?tlll
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I
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
WASHINGTON MUTUAL BANK, FA
Plaintiff,
V.
No. 01-4967 CIVIL
JOHN S. MORTON, JR.
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 10/4/01 to 3/5/03
(per diem -$20.90)
TOTAL
$127,104.26
$10,826.20 and Costs
$137,954,05
`til a „n 9, `_ J 1) n M /1 m P.
FRANK FEDERMAN, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
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ALL THAT CERTAIN place, parcel or tract of land situate in the Township of South Middleton,
Cumberland County, Penna., more particularly bounded and described as follows:
BEGINNING at an iron pin in the northerly side of the public road leading from the Old Town Road
to Boiling Sprin_s; thence by lands of Cloyd Killinger in a northwesterly direction a distance of five
tuadred and eighry feet to an iron pin in line of lands of Lewis Otto Estate; thence in a southerly
direction along lands of said Lewis Otto Estate a distance of one hundred and five feet to an iron pin
in line of other lands of the Grantors herein; Chence by said other lands of grantors herein in a
southeasterly direction a distance of five hundred and eighty feet to an iron pin in the northerly side of
the public road aforesaid; thence by the northerly side of the said public road, in a northeasterly
direction one hundred and five feet to an iron pin, the place of beginning, containing 60,900 square feet
of land strict measure.
Tax Parcel#40-12-0344-016
ITLE TO SAID PREMISES IS VESTED IN John S. Morton, Jr., single man by Deed from
irbara E. Leibrum. Executrix of the Estate of Josephine B. Clark, a/kla, Josephine R. Clark dated
'./17/97, recorded 12119/97, in Deed Book 169, Page 684.
PREMISES BEING KNOWN AS 534 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007
UNITED STATES BANKRUPTCY COURT OR U W"'"' q 00
OL THE MIDDLE DISTRICT OF PENNSYLVANIA w wk
IN RE:
John S. Morton, Jr. Bk. No. 02-02335 R1W
Debtor
Chapter No. 7
Washington Mutual Sank, F.A.
Movant
V.
John S. Morton, Jr.
and
Markian R. Slabodian, Esquire (Trustee)
Respondents
11 U.S.C.§362
AND NOW, this 19 T-day of ORDER J uk".,
, 2002, upon
consideration of the Motion for Relief and Motion for Default of Movant, Washington Mutual
Bank, F.A., it is hereby
ORDERED that the Order for Relief be entered by default with respect to premises at
534 Mountain Road, Boiling Springs, PA 17007, to allow the Movant to foreclose on its
mortgage, which mortgage was recorded in Cumberland County, in Mortgage Book 1668, Page
779, and allow the purchase of said premises at Sheriffs sale (or purchaser's assignee) to take
any legal action for enforcement of its right to possession of said premises.
By the p? XA Qa " it
Robert J. Woodside, Bankruptcy Judge
cc: Judith T. Romano, Esquire John S. Morton, Jr.
One Penn Center at Suburban Station 534 Mountain Road
1617 John F. Kennedy Blvd., Suite 1400 Boiling Springs, PA 17007
Philadelphia, PA 19103-1814
FILED HARRISBURG
PA
V
9
Clerk, U.S. Bankruptcy Court
Keith B. Dearmond, Esquire Markian R. Slobodian, Esquire (Trustee)
951 Robrerstown Road, Suite 102 801 N. Second Street, F.O. Box 11967
Lancaster, PA 17601 Harrisburg, PA 17108-1967
,Docket for Case: " + GetCaseNoO + " (" + DktTypeExpand(m.gsDktType) + ") Page 1 of 2
Bankruptcy Docket Report
102-02335 (Harrisburg)
MORTON, JOHN S, JR
Docket items entered between 01/01/1931 and 09/16/2002
Filing
Date No Docket Entry View
document
04/26/02 1 VOLUNTARY PETITION under Chapter 7, Matrix and all
Schedules/Statements [EOD 04/26/02] [AG] None
05/14/02 2 CERTIFICATE OF MAILING of notice of 341 meeting. [EOD 05/14/02] Doc #2 PDF (3
[AUT] a es
06/05/02 3 MOTION for relief from stay filed by WASHINGTON MUTUAL BANK,
F.A. (fee paid rec#583027 $75.00) [Disposed] [EOD 06/05/02] [DS]
CERTIFICATE OF NON-CONCURRENCE [EOD 06/05/021 [DS] None
06/05/02 4 ORDER that answers aredue on 06/25/02 Re: Item # 3. [EOD 06/05/021 [DS] None
06/17/02 5 CERTIFICATE of service Re: Item # 4. [EOD 06/17/02] [SP] None
06/18/02 6 341 meeting held. [EOD 06/19/02] [CA] None
07/19/02 7 MOTION for default judgment Re: Item # 3. [Disposed] [EOD 07/19/021 [DS] None
07/19/02 8 ORDER granting default judgment Re: Item # 7. [EOD 07/19/02] [DS]
ORDER granting relief from stay Re: Item # 3. [EOD 07/19/021 [DS] Doc #8 PDF (1
Rage)
07/19/02 9 REAFFIRMATION AGREEMENT between Debtor and AMERICREDIT
[EOD 07/19/021 [DS] None
08/07/02 10 Amendment to Schedule(s): C. Re: Item # 1. [EOD 08/07/02] [DP] None
08/16/02 11 FINAL REPORT of Trustee in No Asset Case [EOD 08/16/02] [DP] None
09/03/02 12 DISCHARGE of Debtor(s). Certificate of Mailing. entered on 08/29/2002. Doc #12 PDF (3
Certificate of Mailing. [EOD 09/03/02] [AUT] a es
09/03/02 13 FINAL Decree. Certificate of Service. entered on 08/29/2002. Certificate of
Mailing. [EOD 09/03/021 [AUT] Doc #13 PDF (2
a es
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FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WASHINGTON MUTUAL BANK, FA
Plaintiff,
V.
JOHN S. MORTON, JR.
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL. DIVISION
NO. 01-4967 CIVIL
CERTIFICATION
FRANK FEDERMAN, 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:
(X) an FHA mortgage
( ) non-owner occupied
( ) vacant
( ) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn
falsification to authorities.
?! d L??
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
c;, '- ti?
WASHINGTON MUTUAL BANK, FA
V.
Plaintiff,
JOHN S. MORTON, JR.
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 014967 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
WASHINGTON MUTUAL BANK, FA, Plaintiff in the above action, by its attorney, FRANK
FEDERMAN, 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 ,534 MOUNTAIN ROAD, BOILING
SPRINGS, PA 17007.
1. Name and address of Owner(s) or reputed Owner(s):
Name
JOHN S. MORTON, JR.
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
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)
None
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
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
13 North Hanover Street
Carlisle, PA 17013
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.
September 16, 2002 C ! /?/Yi
DATE FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
C.
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WASHINGTON MUTUAL BANK, FA CUMBERLAND COUNTY
Plaintiff,
V. No. 01-4967 CIVIL
JOHN S. MORTON, JR.
Defendant(s).
September 16, 2002
TO: JOHN S. MORTON, JR.
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
* *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN
BANKRUPTCYAND 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, 534 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007, is
scheduled to be sold at the Sheriffs Sale on 315103 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $127,104.26 obtained by
WASHINGTON MUTUAL BANE,' FA (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 MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
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.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
f
ALL THAT CERTAIN place, parcel or tract of land situate in the Township of South Middleton,
Cumberland County, Penna., more particularly bounded and described as follows:
BEGINNING at an iron pin in the northerly side of the public road leading from the Old Town Road
to Boiling Springs; thence by lands of Cloyd Killinger in a northwesterly direction a distance of five
Aundred and eighty feet to an iron pin in line of lands of Lewis Otto Estate; thence in a southerly
direction along lands of said Lewis Ono Estate a distance of one hundred and five feet to an iron pin
in line of other lands of the Grantors herein; ghence by said other lands of grantors herein in a
southeasterly direction a distance of five hundred and eighty feet to an iron pin in the northerly side of
the public road aforesaid; thence by the northerly side of the said public road, in a northeasterly
direction one hundred and five feet to an iron pin, the place of beginning, containing 60,900 square feet
of land strict measure.
Tax Parcel 1140-12-0344-016
ME TO SAID PREMISES IS VESTED IN John S. Morton, Jr., single man by Deed from
rbara E. Leibrum, Executrix of the Estate of Josephine B. Clark, a/k'a, Josephine R. Clark dated
`17/97, recorded 12119197, in Deed Book 169, Page 684.
PREMISES BEING KNOWN AS 534 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 01-4967 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s)
From JOHN S. MORTON, JR., 534 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due127,104.26 L.L.
Interest FROM 10/4/01 TO 3/5/03 (PER DIEM - $20.90) - $10,826.20 AND COSTS
Arty's Comm % Due Prothy $1.00
Arty Paid $781.27 Other Costs
Plaintiff Paid
Date: SEPTEMBER 19, 2002
CURTIS R. LONG
() Prothonota
Seal
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, 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. 12248
FEDERMAN ANDPHELAN
By: FRANK FEDERMAN
Identification No. 12248
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WASHINGTON MUTUAL BANK, FA
539 SOUTH 4TH AVENUE
LOUISVILLE, KY 40202
Plaintiff,
V.
JOHN S. MORTON, JR.
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 01-4967 CIVIL
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against JOHN S. MORTON, JR. and,
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 8/1/01 to 10/3/01
TOTAL
$125,618.09
$1,486.17
$127,104.26
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and
(2) that notice has been given in accordance with Rule 23 7. 1, copy attached. /7
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: '(U 0? Q
PRO PROTHY 0 1`4
FEDERMAN AND PHELAN, L.L.P.
Frank Federman, Esquire
Identification No. 12248
One Penn Center Plaza at
Suburban Station, Suite 1400
Philadelphia, PA 19103-1799
(215) 563-7000
WASHINGTON MUTUAL BANK, FA
Plaintiff
Vs.
JOHN S. MORTON, JR.
534 MOUNTIAN ROAD
Defendant(s)
TO: JOHN S. MORTON, JR.
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
DATE OF NOTICE: SEPTEMBER 18,2001
--
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 default because you have failed 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:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
: CIVIL DIVISION
CUMBERLAND COUNTY
: NO. 01-4967 CIVIL
Frank Federman, Esquire
Attorney for Plaintiff
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
ATTORNEY FOR PLAINTIFF
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WASHINGTON MUTUAL BANK, FA
539 SOUTH 4TH AVENUE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
V.
JOHN S. MORTON, JR.
Defendant(s).
CIVIL DIVISION
NO. 01-4967 CIVIL
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that on information 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 JOHN S. MORTON, JR. is over 18 years of age and resides at,
534 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WASHINGTON MUTUAL BANK, FA
539 SOUTH 4TH AVENUE
Plaintiff,
V.
JOHN S. MORTON, JR.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 01-4967 CIVIL
Defendant(s).
ttomey for Plaintiff
NE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. 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 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A
LIEN AGAINST PROPERTY."
Notice is given that a Judgment in the above-captioned matter has been entered against you on
/0 -(6 2001.
By:
EPUTY
If you have any questions concerning this matter, please contact:
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
WASHINGTON MUTUAL BANK, FA
Plaintiff,
V.
No. 01-4967 CIVIL
JOHN S. MORTON, JR.
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 10/3/01 to 3/6/02
(per diem -20.89)
TOTAL
$127,104.26
$3,217.65 and Costs
$130,321.91
e Penn Center f Suburban Station
17 John F. Ken fedy Boulevard, Suite 1400
hiladelphia, PA 9103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
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ALL THAT CERTAIN place, parcel or tract of land situate in the Township of South Middleton,
Cumberland County, Penna., more particularly bounded and described as follows:
BEGINNING at an iron pin in the northerly side of the public road leading from the Old Town Road
to Boiling Springs; thence by lands of Cloyd Killinger in a northwesterly direction a distance of five
undyed and eighty feet to an iron pin in line of lands of Lewis Otto Estate; thence in a southerly
direction along lands of said Lewis Otto Estate a distance of one hundred and five feet to an iron pin
in line of other lands of the Grantors herein; :thence by said other lands of grantors herein in a
southeasterly direction a distance of five hundred and eighty feet to an iron pin in the northerly side of
the public road aforesaid; thence by the northerly side of the said public road, in a northeasterly
direction one hundred and five feet to an iron pin, the place of beginning, containing 60,900 square feet
of land strict measure.
Tax Parcel #40-12-0344-016
TITLE TO SAID PREMISES IS VESTED IN John S. Morton, Jr., single man by Deed from
Barbara E. Leibrum, Executrix of the Estate of Josephine B. Clark, a/k/a, Josephine R. Clark dated
12/17/97, recorded 12/19/97, in Deed Book 169, Page 684.
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Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 01-4967 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
WASHINGTON MUTUAL BANK, FA
V.
Plaintiff,
JOHN S. MORTON, JR.
WASHINGTON MUTUAL BANK, FA, Plaintiff in the above action, by its attorney, FRANK
FEDERMAN, 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 ,534 MOUNTAIN ROAD, BOILING
SPRINGS, PA 17007.
Name and address of Owner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
JOHN S. MORTON, JR. 534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
Name and 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 so indicate.)
None
loft
4. Name and address of the last recorded holder of every mortgage of record:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
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 so 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 so indicate.)
None
Name and address of every other person 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 so indicate.)
Tenant/Occupant 534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
Domestic Relations of 13 North Hanover Street
Cumberland County Carlisle, PA 17013
Commonwealth of PO Box 2675
Pennsylvania Department of 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 unworn falsification to authorities.
October 3, 2001
DATE
for
FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248 ATTORNEY FOR PLAINTIFF
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WASHINGTON MUTUAL BANK, FA
CUMBERLAND COUNTY
Plaintiff, COURT OF COMMON PLEAS
V.
JOHN S. MORTON, JR.
CIVIL DIVISION
NO. 01-4967 CIVIL
Defendant(s).
CERTIFICATION
FRANK FEDERMAN, ESQUIIZE, 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:
(X) an FHA mortgage
( ) non-owner occupied
( ) vacant
( ) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn
falsification to authorities.
WASHINGTON MUTUAL BANK, FA CUMBERLAND COUNTY
Plaintiff,
V. No. 01-4967 CIVIL
JOHN S. MORTON, JR.
Defendant(s).
October 3, 2001
TO: JOHN S. MORTON, JR.
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
"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, 534 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007, is
scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$130.321.91 obtained by WASHINGTON MUTUAL BANK, FA (the mortgagee) against you. If the
Sheriff s sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff s Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
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.
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.
1
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.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
ALL THAT CERTAIN place, parcel or tract of land situate in the Township of South Middleton,
Cumberland County, Penna., more particularly bounded and described as follows:
BEGINNING at an iron pin in the northerly side of the public road leading from the Old Town Road
to Boiling Springs; thence by lands of Cloyd Killinger in a northwesterly direction a distance of five
undred and eighry feet to an iron pin in line of lands of Lewis Otto Estate; thence in a southerly
direction along lands of said Lewis Otto Estate a distance of one hundred and five feet to an iron pin
in line of other lands of the Grantors herein; thence by said other lands of grantors herein in a
southeasterly direction a distance of five hundred and eighty feet to an iron pin in the northerly side of
the public road aforesaid; thence by the northerly side of the said public road, in a northeasterly
direction one hundred and five feet to an iron pin, the place of beginning, containing 60,900 square feet
of land strict measure.
Tax Parcel #40-12-0344-016
/
TITLE T SAID PREMISES IS VESTED IN John S. Morton, Jr., single man by Deed from
Barbara E. Leibrum, Executrix of the Estate of Josephine B. Clark, a/k/a, Josephine R. Clark dated
12/17/97, recorded 12/19/97, in Deed Book 169, Page 684.
AFFIDAVIT OF SERVICE
PLAINTIFF WASHINGTON MUTUAL BANK, FA
DEFENDANT(S) JOHN S. MORTON, JR.
SERVE JOHN S. MORTON, JR. AT
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
CUMBERLAND COUNTY
No. 01-4967 CIVIL
Type of Action
- Notice of Sheriffs Sale
Sale Date: MARCH 6, 2002
SERVED
Served and made known to cJOkN S ?bVC 1J? JR , Defendant, on the /? ?? day of 03 g 200j,
at A--lo., o'clock B.m., at
of Pennsylvania, in the manner described below:
--)<_Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Relationship is
Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place of lodging 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:
Commonwealth
7777
I if
d
Description: Age Height Weight ?s Race _WLSex M Other (260Y 42'`
I, dvottac e, )„ Cats T a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy oft e Notice of Sheziff 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
before me this f e; day
of , 2001.
Notary: By.
rial ea
Rene L. Bramm, Notary Public NOT SERVED
rr ... T•.,-
My
On the Mam
Moved
Other:
Unknown
Sworn to and subscribed
before me this day
of 200
Notary:
23, 2004
?, 00, at o'clock _.m., Defendant NOT FOUND because:
No Answer
By:
Attorney for Plaintiff
Frank Federman, Esquire - I.D. No. 12248
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Vacant
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04967 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NGTON MUTUAL BANK FA
VS
MORTON JOHN S JR
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MORTON JOHN S JR
DEFENDANT
the
, at 1509:00 HOURS, on the 27th day of August , 2001
at 534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007 by handing to
S MORTON JR
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.90
Affidavit .00
Surcharge 10.00
.00
31.90
Sworn and Subscribed to before
me this day of
?du.vwlu.? / A.D.
''Prothonotary
So Answers:
R. Thomas Kline
08/28/2001
FEDERMAN & PHELAN
BY:
Deputy Sheriff
T °
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD
SUITE 1400
PHILADELPHIA, PA 19103-1814
al-5 561-7000
WASHINGTON MUTUAL BANK, FA
539 SOUTH 4TH AVENUE,
LOUISVILLE, KY 40202
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
Plaintiff !
v. NO.OI- 44747 ei?L? £/Ll?
CUMBERLAND COUNTY
JOHN S. MORTON, JR.
534 MOUNTAIN ROAD,
BOILING SPRINGS, PA 17007
Defendant(s)
**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
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Loan #: 6163264010
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.
a
I . Plaintiff is:
WASHINGTON MUTUAL BANK, FA
539 SOUTH 4TH AVENUE,
LOUISVILLE, KY 40202
The name(s) and last known address(es) of the Defendant(s) are:
JOHN S. MORTON, JR.
534 MOUNTAIN ROAD,
BOILING SPRINGS, PA 17007
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 11/27/00 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to FOUNDATION FUNDING GROUP, INC. which mortgage is
recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book
No. 1668, Page 779. PLAINTIFF is now the legal owner of the mortgage and is in the
process of formalizing an assignment of same.
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 2/1/01 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.
6.
The following amounts are due on the mortgage:
Principal Balance $114,800.00
Interest 5,024.67
1/l/01 through 8/1/01
(Per Diem $23.59)
Attorney's Fees 4,000.00
Cumulative Late Charges 222.42
11/27/00 to 8/1/01
Cost of Suit and Title Search 55000
Subtotal $124,597.09
Escrow
Credit 0.00
Deficit 1,02140
Subtotal %1.021.00
TOTAL $125,618.09
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
Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.00.
WHEREFORE, PLAINTIFF demands an in rein Judgment against the Defendant(s) in the sum of
$125,618.09, together with interest from 8/1/01 at the rate of $23.59 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
ALL that certain place, parcel or tract of land situate in the Township of South
Middleton, Cumberland County, Penna., more particularly bounded and
described as follows:
BEGINNING at an iron pin in the northerly side of the public road leading
from the Old 'town Road to Boiling Springs; thence by lands of CIoyd
Kiiiinger in a Northwesterly direction a distance of five hundred and eighty
feet to an iron pin in line of lands of Lewis Otto Estate; thence in a Southerly
direction along lands of said Lewis Otto Estate a distance of one hundred and
five feet to an iron pin in line of other lands of the Grantors herein; thence by
said other lands of grantors herein in a Southeasterly direction a distance of
five hundred and eighty feet to an iron pin in the northerly side of the public
road aforesaid; thence by the northerly side of the said public road, in a
northeasterly direction one hundred and five feet to an iron pin, the place of
beginning, containing 60,900 square feet of land strict measure.
BEING the same premises which William S. Sheaffer and Edna G. Sheaffer,
his wife, granted and conveyed unto Theodore PL Clark and Josephine B.
Clark, his wife, by deed dated July 15, 1939, and recorded in the Cumberland
County Recorder of Deeds Office in Deed Book 12 K 1.36. -
The said Theodore H. Clark died September 2, 1978, thereby vesting title solely
in his surviving spouse, Josephine B. Clark. The said Josephine B. Clark died
't'estate on February 2, 1997. Letters Testamentary were granted by the Register
of Wiles of Cumberland County to Barbara E. Leibrum on February 28, 1997, to
Estate No. 21-97-0195
AND the said Grantors will warrant generally the property hereby conveyed.
IN WITNESS WHEREOF, the said Grantor has hereunto set her hand and
seal the day and year first above written.
PRENIISES ON: ROAD BOILING $IR7NGS °"P?
a ' '
VERIFICATION
KAREN BATT hereby states that she is VICE PRESIDENT of WASHINGTON
MUTUAL BANK, F.A. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take
this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best
of his knowledge, information and belief The undersigned understands that this statement is made subject
to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities.
DATE: 4?41--
v=.
cin,
SALE DATE: MARCH 6, 2002
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WASHINGTON MUTUAL BANK, FA
No.: 01-4967 CIVIL
VS.
JOHN S. MORTON, JR.
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 405 OF NOTICE OF SALE
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:
534 MOUNTAIN ROAD, BOILING SPRINGS. PA 17007.
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 Supplemental 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.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
February 25, 2002
WASHINGTON MUTUAL BANK, FA
V.
Plaintiff,
JOHN S. MORTON, JR.
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 01-4967 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
WASHINGTON MUTUAL BANK, FA, Plaintiff in the above action, by its attorney, FRANK
FEDERMAN, 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,534 MOUNTAIN ROAD, BOILING
SPRINGS, PA 17007.
Name and address of Owner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
JOHN S. MORTON, JR. 534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
Name and 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 so indicate.)
None
4.
Name and address of the last recorded holder of every mortgage of record:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
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 so 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 so indicate.)
None
Name and address of every other person 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 so indicate.)
Tenant/Occupant 534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
Domestic Relations of 13 North Hanover Street
Cumberland County Carlisle, PA 17013
Commonwealth of PO Box 2675
Pennsylvania Department of
Welfare 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 unswom falsification to authorities.
October 3. 2001
DATE
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DATE:
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
OWNER(S) JOHN S. MORTON, JR.
PROPERTY: 534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
Improvements: Residential Property
CUMBERLAND COUNTY
The above-captioned property is scheduled to be sold at the Sheriffs Sale on MARCH 6,
2002, at 10:00 a.m. in Cumberland County Courthouse, South Hanover Street, Carlisle, PA. Our
records indicate that you may hold a mortgage or judgment on the property, which may be extinguished
by the sale. You may wish to attend the sale to protect your interests.
A schedue 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.
LH
SALE DATE: MARCH 6.2002
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WASHINGTON MUTUAL BANK, FA
No.: 01-4967 CIVIL
vs. EDERM N AND HE A
F"'- COPY
JOHN S. MORTON, JR. PLEASE RETURN
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 405 OF NOTICE OF SALE
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:
534 MOUNTAIN ROAD. BOILING SPRINGS. PA 17007.
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 Supplemental 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.
ti a ? 1?' ? t I
PLEASE RET FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
February 25, 2002
--?- wnr xa.?,arnsn?a?¢?¢tfo2rPexale eft 1, 1- -5- 11 1 . ' nw - .ntz:?.?pHGS ee?ensf mi' ?4 .. Mpw