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HomeMy WebLinkAbout01-6921TONIA WATSON 1447 Olde Oak Ct. Mechanicsburg, PA Plaintiff & Address IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 17055 No. Civil Action (X) Law TRANS-STATES LINES, INC 6815 Jenny Lind Drive P. O. Box 180844 Fort Smith, AR 72908 John R. Good 1663 N. 9 Mile Road San~rd, MI 48657 Defendants & Addres,, PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writs of Summons in the above-captioned action. X Todd D. Getgen Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 (717) 232-6300 Writs of Summons shall be issued and forwarded to ( X ) Attorne~ Date:12/7/01 Supreme Court I.D. Nc WRIT OF SUMMON~ TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF COMMENCED AN ACTION AGAINST YOU. ) Equity ;S ( ) Sheriff. 80719 Prothonotary ( ) Check here if reverse is issued for additional information IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6921 Civil Civil Action - Law TONIA WATSON 1447 Olde Oak Ct. Mechanicsburg, PA 17055 Plaintiff & Address TRANS-STATES LINES, INC. 6815 Jenny Lind Drive P. O. Box 180844 Fort Smith, AR 72908 John R. Good 1663 N. 9 Mile Road Sanford, MI 48657 Defendants & Addresses PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue Writ of Summons in the above-captioned action. X Writ of Summons shall be reissued and forwarded to Attorney. See more current addresses of Defendants attached as Exhibit A. Todd D. Getgen Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: January 4, 2002 Signature of Atto~;t~ey Supreme Court I.D. No. 80719 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: Prothonotary By: Deputy TONIA WATSON, Plaintiff TRANS-STATES LINES, AND JOHN R. GOOD, Defendants INC. CUMBERLAND COUNTY, NO. 01-6921 Civil CIVIL ACTION - LAW ACCEPTANCE OF SERVIC~ IN THE COURT OF COMMON PLEAS PENNSYLVANIA I, Sharon Priest, Secretary of State, hereby accept service of a Writ of Summons on behalf of Defendant Trans-States Lines, Inc. in Civil Action No. 01-6921 of the Court of' Common Pleas of Cumberland County, Pennsylvania. Date: RECEIVED JAN 2 2002 S~J~RON PRIEST B,~ARY OF STATE S ~a~pn Priest S~a~tary of State - Arkansas TONIA WATSON : Plaintiff : TRANS-STATES LINES, INC: AND JOHN R. GOOD, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6921 Civil CIVIL ACTION - LAW AFFIDAVIT OF SERVIC~ Onthe ti dayof .3a~o~mv ~. &:,oPm 2002, the undersigned / ' served a Writ of Summons on Defendant dohn R. Good, by personal service on l')q'~e fl)~r*t7' /~oo,U,,,~r~ at the following address (Name of Party) John Bahs & Associates 115 W. Oak Street Oak Harbor, OH 43449 John R Bahs & Assoc. 115WOakSt. Oak Ha~oor, OH 43449 TONIA WATSON, Plaintiff V. TRANS-STATES LINES, INC. and JOHN R. GOOD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6921 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled and discontinued with prejudice. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By: Todd D. Getgen Attorney I. D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: 05/23 / 03 Attorneys for Plaintiff CERTIFICATE OF SERVICEB AND NOW, this 23rd day of May, 2003, I, Todd D. Getgen, hereby certify that I have served a true and correct copy of the foregoing by depositing same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John R. Good P. O. Box 167611 Oregon, OH 43616 Arkansas Department of Insurance Liquidation Division Attn: Steve Uhrynowycz 100 West Third Street, Ste. 340 Little Rock, AK 72001-1904 Pennsylvania Department of Insurance Office of the Chief Counsel 1341 Strawberry Square Harrisburg, PA 17120 Rod Dykes Claims Examiner GEICO Insurance Company One GEICO Plaza Washington, D.C. 20076 SCHMIDT, RONCA & KRAMER, P.C. Todd D. Getgen Attorney I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff (~ c:~ 0 COMMONWEALTH OF PENNSYLVANIA -} COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Jack M S~roch is the grantee the same having been sold to said grantee on the 7th day of January A.D., 2004, under and by virtue ora writ Execution issued on the 10th day of September, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Nunaber 6924, at the suit of Washington Mutual Bk FA s/b/m to Bank United against Lemuel P & Darla D Sturms is duly recorded in Sheriff's Deed Book No. 261, Page 3537 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal o f said office this _f_~__'~day o f~, A.D. 20~ cord f Deeds Washington Mutual Bank FA s/b/m To Bank United VS Lemuel P. Sturms and Darla D. Sturms In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6924 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on September 25, 2003 at 7:03 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Darla D. Sturms, by making known unto Darla Sturms personally, at 4900 Woodland Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 2:06lock 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 ofLemuel P. Sturms and Darla D. Sttmns located at 309 Skyport Road, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Darla D. Sturms, by regular mail to her last known address of 4900 Woodland Drive, Enola, PA 17025. This letter was mailed under the date of October 9, 2003 and never returned to the Sheriff's 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 January 7, 2004 at 10:00 o'clock A.M. He sold the same for the stun of $190,000.00 to Jack M. Sproch. It being the highest bid and best price received for the same, Jack M. Sproch of 70 Hickorytown Road, Carlisle, PA 17013, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $199,010.80. Sheriffs Costs: Docketing $30.00 Poundage 3,800.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 17.94 Levy 15.00 Surcharge 20.00 Law Journal 395.60 Patriot News 309.88 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 4,752.82 Sworn and subscribed to before me So Aris s: This ,d334 day of J~,~7 ~~~----~'~ R. Thomas Kline, Sheriff ?rbthonotary Real Estate Deputy SCHEDULE OF DISTRIBUTION SALE NO. 66 Date Filed: February 6, 2004 Writ No. 2001-6924 Civil Term Washington Mutual Bank FA s/b/m to Bank United VS Lemuel P. Sturms and Darla D. Sturms Sale Date: Buyer: Bid Price: January 7, 2004 Jack M. Sproch $190,000.00 Real Debt: $222,615.29 Interest: 19,282.93 Attorney Costs: 1,998.96 Total: $243,897.18 DISTRIBUTION: Receipts: Cash on account (09/11/03): Cash on account (01/07/04): Cash on account (01/23/04): $ 1,500.00 19,000.00 180,010.80 Total Receipts: $200,510.80 Disbursements: Sheriff's Costs Legal Search State Transfer Tax Local Transfer Tax Attorney Frank Federman Washington Mutual Bank FA $ 4,752.82 200.00 2,505.40 2,505.40 1,500.00 189,047.18 Total Disbursements: Balance for distribution: ($200,510.80) 0.00 So Answers: 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. 66 Held Wednesday, January 7, 2004 Date: January 7, 2004 TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienahle. 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 ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Lemuel P. Sturms, by deed dated April 9, 2001 and recorded July 10, 2001 in the Of/ice of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 247, Page 1759. granted and conveyed to Darla D. Sturms. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. Rights or claims of parties in possession, if any, other than the owner. 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 Skyport Road. 6. Conditions, easements and restrictions shown on or set forth on the Final Subdivision Plan of Millbank Estates, Phase I, recorded in Plan Book 5, Page 7. 7. Building and use restrictions and conditions as set forth in instn~ment recorded on October 7, 1987 in Miscellaneous Record Book 341, Page 151. 8. Mortgage in the amount of $201,600.00 given by Lemuel P. Sturms and Darla D. S turms to Harbor Financial Mortgage Corporation dated October 21, 1998 and recorded 10. ll. 12. October 28, 1998 in Mortgage Book 1492, Page 391. Said mortgage was assigned to Bank United by instrument recorded March 4, 1999 in Miscellaneous Record Book 605 Page 782. Complaint in mortgage foreclosure filed by Washington Mutual Bank, F.A., successor by merger to Bank United as Plaintiff against Lemuel P. Sturms and Darla D. Sturms as Defendants on December 7, 2001 in the Office of the Prothonotary of Cumberland County to File No. 2001-6924. Judgment in the amount of $222,615.29 entered July l, 2002. Mortgage in the amount of $24,900.00 given by Lemuel P. Sturms to Equity One, Inc. dated December 8, 1998 and recorded December 16, 1998 in Mortgage Book 1506, Page 429. Said mortgage was assigned to Sovereign Bank by instrument recorded March 3, 1999 in Miscellaneous Record Book 605, Page 501. Rights granted to Hampden Township Sewer Authority by instruments dated August 3, 1993 and recorded in Miscellaneous Record Book 450, Page 540, and Miscellaneous Record Book 450, Page 549. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded July 19, 1985 in Miscellaneous Record Book 307 Page 356. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. It is to be noted that proof of service by publication in the Cumberland Law Journal was not filed. 13. Real estate taxes accruing on and after July 1, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Rdbert G, Frey, Agent /~ Xx Note: This Title Report shall not b~ ~talid o/~binding until countersigned by an authorized s~gnator~. REAL ESTATE SALE NO. 66 Writ No. 2001-6924 Civil Washington Mutual Bank. FA. $/B/M to Bank United vs. Lemuel P. Sturms and Darla D. Sturms Atty,: Frank Federman ALL THAT CERTAIN lot or tract of land situate in Hampden Township. Cumberland County, Commonwealth of Pennsylvania. more particularly bounded and described as follows. to wit: /W BEGINNING at a point on the estern dedicated Right-of-Way line of Skyport Road at ~hs dividing line of Lot No. 2 and Lot No. 3; thence by line of Lot No. 3. North 47 de- grees 14 minutes 13 seconds West 110.74 feet to a point: thence by line of Lot No. 4 and Lot No. 5 North 39 degrees 56 minutes 14 seconds East. 110.00 feet to a point at the dividing lina of Lot No. 2 and Lot No. 1; thence by line of Lot No. 1 South 43 degrees 02 minutes 50 seconds East 108.52 feet to a point: thence continuing by' same South 35 degrees 38 minutes 00 seconds East 25.00 feet to a point on the Western dedicated right-of-way line of Skyport Road: thence by the aforementioned right-of-way line by a curve to the left having a radius of 1,472.39 feet. an arc length of 98.33 feet to a point being the place of beginning. CONTAINING 12.742 square feet. 0.293 acres. HAVING thereon a t~vo-story dwelling house, known and num- bered as 309 Skyport Road. Me- ehaJaicsburg, Pennsylvania. BEING Lot No. 2 on Final Subdi- vision Plan of Mlllbank Estates. Phase I, said PIan being recorded in the Office of the Recorder of Deeds in and for Cumberland County. Perm- sylvamia. /m Plan Book 5 Page 7. Tax Parcel #10-18-1321-05I. RECORD OWNER TITLE TO SAiD PREMISES IS VESTED IN Dm:la D, Stuns. adult woman by reason of the following: BEING the same premises which Mary Jane Hollingswor~ch. Adminls- tratrLx of the Last Will and Testa- ment of Daniel R. Hiltz by Deed dated 7/31/97 and recorded 8/6/ 97 in the County of Cumberland in Deed Book 162. Page 432 conveyed unto Lemuel p. Sturms and DaHa O. Sturms, husband and wife. BE/NG the same premises which Lemue/ p, Sthrms and Darla O. Sturms, husband and wife by Deed dated 12/16/98 and recorded 12/ 21/98 in the County of Cumber/and in Deed Book 19I. Page 438 con- ?_red unto Lemuel p. Sturms, adult BEING the same premises which Lemuel p, Sturms. adult man by Deed dated 4/9/2001 and recorded 7/10/2001 in the County of Cum- berland in Deed Book 247, Page 1759 conveyed unto Darla D. Sturms. adult woman, THE PATRIOT NEWS THESUNDAY 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 October and the 4th and 11th day(s) of November 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. coP, s: i o UBLIC ~. ~n~anla ~a~n ~s My commission expires Juno 6, 2006 CUMBER~ND ~U~ SHERIF~ OFFICE CUMB~D ~U~ ~SE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRiOT-NEWS CO., Dr. For publish{rig the notice or publication attached hereto on the above stated dates Total $ 309.88 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. 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: OCTOBER 17, 24, 31, 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 tree. R~AL ESTATE 8AL~ NO. 66 Writ No. 2001-6924 Civil Washington Mutual Bank. FA. S/B/M to Bank United Lemuel P. Sturms and Dada D. Sturms Atty.: Frank Fedem~an ALL THAT CERTAIN lot or tract of land situate in Hampden Township. Cumberland County, Comrrg)nwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western dedicated Right-of-Way line of Skyport Road at the dividing line of Lot No. 2 and Lot No. 3; thence by line of Lot No. 3, North 47 grees 14 rr~nutes 13 seconds West 110.74 feet to a point: thence by line of Lot No. 4 and Lot No. 5 North 39 degrees 56 minutes 14 seconds East. 110.00 feet to a point at the dividing line of Lot No. 2 and Lot Marie Coyn~ Editor SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003 BEGINNING at a pomr Western dedicated Right-of-Way line of Skyport Road at the dtvlding line of Lot No. 2 and Lot No. 3: thence by line of Lot No. 3. North 47 de- grees 14 minutes 13 seconds West 110,74 feet to a point: thence by line of LOt No, 4 and LOt No, 5 North 39 degrees 56 minutes 14 seconds East. 110.00 feet to a point at the dividing line of Lot No. 2 and lot No. 1; thence by linc of LOt No. 1 South 43 degrees 02 minutes 50 seconds East 108.52 feet to a point; thence continuing by sa.me South 35 degrees 38 n~nutes 00 seconds East 25.00 feet to a point on the Western dedicated right-of-way line of Skyport Road; thence by the aforementioned right-of-way line by a curve to the left having a radius of 1.472.39 feet, an are length af 98.33 feet to a point being the place of beginning. CONTAINING 12.742 square feet. 0.293 acres. HAVING thereon a two-story dwelling house, know~ *md num- bered as 309 Sk~port Road, Me- chanicsburg, Pennsylvania. BEING Lot No. 2 on Final Subdi- vision Plan of Millbank Estates, Phase 1. said Plan being recorded in the Office of the Recorder of Deeqs in and for Cumberland County, perm- sylvania, in Plan Book 5 Page 7. Tax Parcel #10-18~1321-051. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Darla D. Slums, adult woman by reason of the following: BEING the same premises which Mary Jane Hollingsworth. Admm¥- merit of Daniel R. Hiltz by Deed dated 7/81/97 and recorded 8/6/ 97 in the County of Cumberland in Deed Book 162. Page 432 conveyed unto Lemuel P. Sturms and Darla O. Sturms, husband and wife~ BEING the same premises which Lemuel P. Sturms and Darla O. Sturms. husband and wife by Deed dated 12/16/98 mad recorded 12/ 21/98 in the County of CumBerland in Deed Book 19l. Page 438 con- veyed unto Lemuel P. Sturms. adult BEING the same premises which Lemuel P, Sturms, adult man hy Deed dated 4/9/2001 and recorded 7/10/2001 hl the County of Cum- berland in Deed Book 247, Page 1759 conveyed unto Darla D. Sturms. adaft woman.