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HomeMy WebLinkAbout01-2490~cCABE, WEISBERGAND COI~AY, P.C. BY: TBi~ENCE ~. ~cCABE, ESQUIRE IdantificationNumber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Custodian or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 Dale Morton a/k/a Dale E. Morton 546 Mountain Road Boiling Springs, PA 17007 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have bean sued in court. If you utsh todefend against the claims set forth in the foLLowing pages, youmuat take action within twenty (20) days after this ccxnp[aint and notice are served, by entering a written aF~oearance parsonaLLy or by attorney and filing in writi~ 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 sgainot you k~ the court without further notice for aW money claimed in the cocr~)Laint or for an,/ other claim or relief requested by the plaintiff. You may Lose ;onoy or property or other rights important to you. AVISO Le hah defMndedo a uatecl en La carte. Si ustecl quiere defenderae de estea demandas ex-puestas en Las patinas aiguientea, uated tiene veinte (20) dias de plaza aL partir de La fecha de La de~anda y la notificacion. Mace fatta aeantar una cc~nparencia escrita o enperaoua o con un aqedo y entregar a la carte en forma eacrita sus defensas o Sea (~jeciones a Las de~anda6 en contra de au paraono. Sea avisedo qua si usted no se befiende, La carte to~ara medidea y puede continuar ia demande en contra suya sin previa aviso o notificaciou. Adenma, ia carte puede decidir a favor del de.wndante y requiere qua usted cm~pia con tedas Las provisiones de esta demands. Uated puede perder dinero o aus propiededea u arras derechea importantea para uated. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECC[ON SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEOUIR ASISTENCIA LEGAL. Cmtberiand County Bar Association Z Liberty Avenue Carlisle, PA 17013 (717) 249-31~ CmioerLand County Bar Association Z Liberty Avenue CarLisLe, PA 1701] (717) Z&9-3166 McCABE, WEISBERG AND CONWA¥, P.e. BY~ TERRENCE J. McCABE, ESQUIRE Identification Rkunber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Custodian or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 Dale Morton a/k/a Dale E. 546 Mountain Road Boiling Springs, PA 17007 Morton Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAQE FORECLOSURE Plaintiff is Bankers Trust Company of California, organized and 1. N.A. as Custodian or Trustee, a corporation duly doing business at the above captioned address. 2. The Defendant is Dale Morton a/k/a Dale E. Morton, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 546 Mountain Road, Boiling Springs, PA 17007. 3. On 1/16/97, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Advanta Finance Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1361, Page 422. 4. The aforesaid mortgage was thereafter assigned by Advanta Finance Corporation to Bankers Trust Company of California, N.A. as Custodian or Trustee, Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 546 Mountain Road, Boiling Springs, PA 17007. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/16/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $29,920.64 Interest 5/16/00 through 4/15/01 $ 3,674.95 (Plus $10.97 per diem thereafter) Attorney's Fee $ 1,500.00 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $35,645.59 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $35,645.59, together with interest at the rate of $10.97 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~'~fE~RE~Cf J~M~%B~, ~QUIRE Attorney for Plaintiff VERIFICATION The undersigned, Robert Michalik, hereby certifies that he is the Foreclosure Specialist of the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. · ' SCHEDULE A Name of Borrower(e) Dale Her ton Order Number 893839 Legal Description or Real Property: THE FOLLOWING tact of land slfualed In 8outh Middlelon Township, Cumberland County, pennsylvania bounded and deacdbed aa Iollowa: BEGINNING et an Ired pin In the aide of the i~lbfio mad leading from the~. Village of Boiling 8pdnge to the "Whiskey Spdng" Road In Ihle of landa'of., Jacob Sweenay; thence In aL No~heaetedy direction 100 feet to an Iron pin · In the Nmthanetedy aide of the said public road; thanes by ether landa Of the grantora herein a Weetedy direction 626 feet to an iron pin in line of. landli of Eugene Fisher; thence In a Southeasterly dire~on 100 feet 3 In~hee fo an Iron pin off line of lan~ el Jamb Sweaney; thence by amd landa in a Easterly direction 626 feet Io an Iron pin the plaoe of beginning. oonlaining one and nine-tenths aores be the same more or less end being part of a laFOer tract conveyed by Samuel L. BeY, er et ai to Ada Feleter deed dated August 11, 1970, recorded In Cumberland County Deed Book Volume 23, p. 798, · '.~:e ot Pennsylvania '1, S", ,:ky of Cumberland tl~e for the recordtng of Deed: Real Propmty CommonlY Known As: 546 Hountatn Rd Boiling Springs PA 1'7007 III, Signature D~de mgnlb~ 424 August 23, 2000 Dale Morton 546 Mountain Road Boiling Springs, PA 17007-9515 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaec on your home is in d~.~'ault, and the lender intends to foreclose. S~p~ific info~mation about the nature of the d~.t'm]lt is provided in the atia~i,c~l partes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEAPI may be able to held to save your home. This Notice e~nlglns how the Droi!ram works. To see if HEAP can heln. you must MEET WITH A CONSUMER CREDIT COUNSEI.ING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the The name. ,adress and phone number of Consumer Credit Couns~-lln~ A~vncies serving, your County are listed atthe end of this Notice. If you have any Qno. ntlcm.q. VOU may call the Fennsvlvi.4a Ho, slno F;n~[i~e Aeencv toll free at 1-800-342-2397 (Persons with imnaired heA~ino can call (717~ 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICATION EN ADFUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (pEbiNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PLTEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROORAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL pLrEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HI~OTECA. HOMEOWNER'S NAME(S): Dale PROPERTY ADDRESS: 546 ' ' LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: Advanta Mort~,a~e Comoration ..'xnlBIl HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FLrrURE MORTGAGE PAYMENTS~ IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTI~R ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSUPaE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days fi'om the date of this Notice. During that time you mast arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MI~I~'rING MUST OCCUR WITHIN THE NEXT (30~ DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. TI-tu PART OF THIS NOTICE Chi .T.~.D "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING yOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The n~mes, addresses aud~er credit counseline aaencies for the county in which the orooertv is loc~_~__~ are set forth at the end ~fthis Notxee. It is only necessary to schedule one face-to-face meeting. Advise your lender ~ of your i~teations. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default f~r the reasons set forth later in this Notice (see following pages for specific information about the nature of your defaultS. If you have tried and are unable to resolve this pwblem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days ofyour face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAlL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ~--Avsilable funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. /NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A pRTrrION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed b,ukruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brina it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at 546 Mountain Road Boilin~ Shrines. PA 17007-9515 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: Approximately $337.73 for the months of June 2000 throueh Au~,ust 2000_ Other charges: TOTAL AMOUNT PAST DUE:~ HOW TO CURE THE DEFAULT--You may cure this default within THIRTY (30) DAYS of the date ofthis Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS ~ PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)DAY PERIOD. Payments must be made either bv ~.~h_ caqhler's check, certified check or money order made navable and sent to: Collections Department Advanta Mortgage Corporation 10790 Rancho Bemardo Road San Diego, CA 92127 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mort~a~,e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may 1o~ the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged pwperty will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If ou cure the default within the THIRTY (30) DAY period, you will not be renuired to Day attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure pwceedings have begun, you still have the rieht to cure the default and prevent the sale at any time un to one hour before the Sheriffs Sale. You may do so by having, the total amount then past due, plus any late or other charees then d?- ~_sonAhle a_tt_ornev's fees and costs connected with the foreclo~m,, sale and any other costs connected with the Sheriffs Sale as seecified in writing, by the lender 'any other requirements under the mort~,a~)e. Curing your default in the manner set forth in this 'notice will restore your mortgage to the same position as if you had never defaulted. EAt~ I.IE.~T POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale ofthe mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may/'md out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Advanta Mort~aue Comoration Address: 10790 Rancho Bernardo l~n~4_ San Diego. CA 92127 Phone Number: 800-538-8762 Ext. Fax Number: 619-674-3674 Contact Person: Collections Deoartment EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your fight to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS EIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. - TO ASSERT AIXvk' OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE T~ A'I-I'ACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving th/s, this office will provide you with the name and address of the original creditor. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7000 0600 0028 3843 5828 RETURN RECEIPT REQUESTED SHERIFF'S RETURN - REGULAR CASE NO: 2001-02490 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS MORTON DALE ET AL CPL MICHkEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MORTON DALE A/K/A MORTON DALE E the DEFENDANT , at 1000:00 HOURS, at 546 MOUNTAIN ROkD BOILING SPRINGS, PA 17007 DALE MORTON on the 2nd day of May , 2001 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.34 .fl..."::~'.~...o~.,~j .~..~...- Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.34 Sworn and Subscribed to before me this ~ 5~t day of ~ ~l,~f A.D. ~othonot ary 05/02/2001 MCCABE WEISBERG & CON-WAY By: OFFICE OF THE pROTHONOTARY COURT OF co~ON pLEAS CUMBERLAND COURTY CoURTHOI~SE' cARLISLE, PA 17013 Curtis R. Long Prothonotar~ To: 546 Mountain Road Boiling springS, PA 17007 BANKERS ~RUST cOMPANY OF · CALIFORNIA, N.A., AS cuSTODIAN : : OR TRUSTEE : DALE MORTON A/K/A DALE E. MORTON · NOTICE Dale Morton a/k/a Dale E. Morton cUMBERLAND coUNTY coURT OF COMMON PLEAS NUMBER 01-2490 civil Term Pursuant to Rule 236, you are hereby notified that a jUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long prothonotary judgment by Default Money judgment judgment in Replevin judgment for Possession If yoU have any questionS concerning this judgment, ~e Es uire at 21 7 0-1010. please call McCABE, WEISBER~AND CONWAY, P.O. BY~ TERRENCE J. McCABE, ESQUIRE IdentificetionNumber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plainti£f BANKERS TRUST COMPANY OF : CALIFORNIA, N.A., AS CUSTODIAN : OR TRUSTEE : DALE MORTON A/K/A DALE E. MORTON : CUMBERLAND COUNTY COURT OF COMMON PLEAS NI3MBER 01-2490 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 4/16/01-6/22/01 TOTAL $35,645.59 $ 745.96 $35,391.55 TERRENCE J. McCABE, ESQUIRE NOW, this day of ~-F-~-%7 , 2001, Judgment is entered in favor of Plaintiff, Bankers Trust Company of California, N.A., As Custodian Or Trustee and against Defendant(s) Dale Morton and damages are assessed in the amount of $35,391.55, plus interest and costs. BY THE PROTHONOTARY: ~cCABE, WEISBBRG ~ID COI~AY, P.C. BY: TBRRENCB J. ~cCABE, ESQUIRE Identification ~,~er 16496 First ~nion Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANKERS TRUST COMPANY OF : CALIFORNIA, N.A., AS CUSTODIAN : OR TRUSTEE : DALE MORTON A/K/A DALE E. MORTON : CUMBERLAND COUNT"f COURT OF COMMON PLEAS N/3MBER 01-2490 Civil Term AFFIDAVIT OF NON-MILITARY SERVIC~ COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant(s), Dale Morton a/k/a Dale E. Morton, is over eighteen (18) years of age, and resides at 546 Mountain Road, Boiling Springs, PA 17007. SWORN TO AND SUBSCRIBED BEFORE ME THIS 26th DAY OF June, 2001. ~OTARY PUB~'I~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff MoCABE, WEISBERG AND CONWAY, P.O. BY~ TERRENCE J. McCABE, ESQUIRE Identification ~,~er 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 BANKERS TRUST COMPANY OF : CALIFORNIA, N.A., AS CUSTODIAN : OR TRUSTEE : DALE MORTON A/K/A DALE E. MORTON : Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten {10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A"..///_/.//~~/~/.~_.,~ SWORN TO AND SUBSCRIBED TERRENCE J. McCABE, ESQUIRE DAY Attorney for Plaintiff BEFORE ME THIS 26th OF June, 2001. NOTARY PUBLIC VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF CO~ON PLEA~ CUMBERLAND COUNTY COURTHOUSE, CARLISLE, HIBIT "A" PA 17013 LAWRENCE E. WELKER Prothonotary May 24, 2001 To: Dale Morton a/k/a Dale E. 546 Mountain Road Boiling Springs, PA 17007 Morton BANKERS TRUST COMPANY OF : CALIFORNIA, N.A., AS CUSTODIAN : OR TRUSTEE : DALE MORTON A/K/A DALE E. MORTON : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term NOTICE, RULE 237.5 NOTICE OF PP~AECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You ere in defeu[t beceu~e you have failed to enter e written eppeerenoe peraonaLLy or ~ attorney e~ file in writi~ with the Court your de;fevlaea or objections to the claims set forth egeinst you. unmeee you ect within ten (10) '~ye from the date of this notice, a j~gment may roe entered egeinst you without a heeri~ end ~ may ieee your pretty or other i~rtent righta. You ehou[d take this notice to e [ewer at once. if you cio not have · [ewer or cannot affo~ on~, go to or te[el:f~one the fo[iowinQ office to find out Where you cen get Legal help: Court Administrator Cumber[and County Courthouse Car[isLe, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE usted se eflcuefltra eneatedo de rebeLdia per no haber prese~ltado une c~recenoia eacrita, ye see pereonsLiitelte o pot abogade y per no heber radicedo por eacrito con este Tribunal eus defenses u objecionea · [ns rec[a~oa formuLadoe en contra auyo. AL no tomar Le accion debida dentro de diaz (10) dias de La feche de eeta notificacion, eL tribune[ podra, sin neceaidad de comparecer usted en corte u oir preuba e[guns, dictar aentencia en su contra ¥ usted podrie perder bienes u otros derechoa impartantes. Debe [[ever eete notificacion · un abogado inomdiet~ente. Sf uated no tiene ebogadm, o si no tiene dinero suficiente para tel eervicio, vaye en persona o Liege por teLefono · [e oficina, n~brada pare averiguar si puede conaeguir aaiatencia [egei. Court Administrator c~berLand County Courthouae Car[is[e, PA 17013 (717) E40-6200 If you have any questions concerning this notice, please call: at Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First O~ion Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 this telephone number= (215) 790-1010 TJM/ll IN THE COURT OF C0_~3~_0_~. PLEAS OF CIVIL DIVISION Bankers Trust Co~H3any of California, N.A., As Custodian Or Trustee 10790 Rancho Bernardo Road San DSego, CA 92127 V. Dale Morton e/k/a Dale E. Morton 546 Mountain Road Boiling Springs, PA 17007 FILE NO.: 01-2490 Civil Term AMOUNT DUE: $35,391.55 INTEREST: from 6/23/01 ATTY'S COm.: COSTS: TO T~B PROTHONOTARY OF SAID COURTs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. P]~A~CIPE FOR ~mCUTIO~ Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 546 Mountain Road, Boiling Springs, PA 17007 (More fully described as attached) PRAECIPE FOR ATTA~__~3~_.WNT ~CUTIO~ Issue writ of attachment to the Sheriff of N/A County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described~ached exhibit. June 26, 2001 ~~ DATE: Signature: Print Name: TERRENCE J. McCABE, ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 E. ~E~sBERG ~ CoI~AY, p.C. ~cCAB . U~RE BY~ ~'~ .... ~ r 16496 First D~ni°n Building 2080 123 South Bro&d Street, suite phil&delphi&, PA 19109 (215) 790-1010 OR TRUSTEE : Vo DALE MORTON A/K/A DALE E. MORTON · AttOrney £or Plainti~ cUMBERLAND coUNTY coURT OF COMMON pLEAS NUMBER 01-2490 civil Term ~AFF2DAViT pURSUANT TO RUL_. E 3129_ I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the praecipe for the Writ of Execution waS filed the following information concerning the real property located at 546 Mountain Road, Boiling springs, PA a copy o~ the description of said property is attached 17007, heretO and marked Exhibit "A." 1. Name and address of owner(s) Name Dale Morton a/k/a Dale E. Morton or Reputed Owner(S): Address 546 Mountain Road Boiling springs, PA 17007 Name and address of Defendant(S) in the judgment: AddresS Name Dale Morton a/k/a Dale E. Morton 546 Mountain Road Boiling SpringS, PA 17007 3. Name and last known addreSs of every judgment creditor whose judgment is a record lien on the real property to be sold: AddreSS Name Plaintiff herein. 4. Name and address of mortgage of record: Name Plaintiff herein. the last recorded holder of every AddresS 5. Name and address of e~ery interest in or record llen on re~ord ~ affected by the sale: interest may we Name other person who has any the property and whose AddreSS None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: AddresS Name Tenant(s)/Occupant(s) 546 Mountain Road Boiling springs, PA 17007 Domestic Relations cumberland county P.O. Box 320 carlisle, PA 17015 I verify that the statementS made in this Affidavit are true and correct to the best of my personal knowledge or information and belief- I understand that false statements herein are made subject to the penalties of 18 pa.C.S. Section 4904 relating to unsworn falsification to authorit~ June 26, 2001 ~ ~ESQUIRE --' TERRENCE ~. m DATE LEGAL DESCRIpTiON ALL THAT CERTAIN tract of land ~iluate m South Mtddleton Township, cumberland County, pennsylvania, bounded and described as follows: BEGIlqlqlNG at an irott pin in the side of the public road now known as Mountain Road · Boil' Springs to tho "Whiskey Spring" Road and ' fi.omthc Village of . .me .... or formerly of Jacob which !eads ........ ~u,.,-inn~-~, ~s m hne of lands now · . di~ction of I00 feet to au iron pin in the o-.,~,,~,, thence in a North Easterly .... ,,, .... ,~in Road: thence by laud now .. · · acaffer, a vredocossor itt title, in a West?l¥ direot~.o.n, a . or formerly of Wilham S..S__ _.... i,, l~me ,~f lattd now or formerly of lc/ug.e, ne ~tsnex, distanc,~ of 826 feet to .an ~,.ron .P.~ '" '_'~' ". · d now or formerly ox t;ugene thence in a Southeasterly otrecuon along line of sa~d lan or formerly of Fisher a distauc~: of 100 feet 03 inches to an iron pin in line of land now l~cob Sweetley; thence by said land now or fonn~ly of lacob Sweency in an Easterly direction a distance of 825 feet to an iron pin in the side of thc public road now knoval as Mountain goad a the place of BEGINNING. THE ABOVE-described tract oflaud contains an area of 1.9 acres, be the same more or less, and has the mailing address of 546 Mountain ll. oad, Boiling Springs, Pennsylvania 17007. · water-coursvs, tights, TOGETI-mK with all and singular buildings, ways, waters, liberties, privileges, hereditament$ and appurtenances whatsoever thereunto belonging or in anywise appetiaining and the reversions and remainders, rents, issues and profits thereof, arid also all the estate, tight, title, interest, use, trust, property, possession, claim S. Morton, at and immediatelY before tho time and demand whatsoever, o£the said lO~owsoever, of, in, to or out of thc same. of is death, in law, equity or otherwise parcel ID # 40.12-0544-042 Being l~nown As: 546 Mountain Road, Boiling springS, PA 17007. 123 South ~ PA 19109 philadelphia' COUNTY (215) 790-1010 ~ cuMB~R~o~ON pLEAS CALIFORNIa' N.A., ~ cusTOD~ ~ co~T OF OR T~usTEE : ~BER 01-2490 civil Te~ V- D~E MORTON A/K/A DALE E- MORTON TO: Dale MortOn a/k/a Dale E. Morton 546 Mountain Road Boiling SpringS, PA 17007 your house (real estate) at 546 Mountain Road, Boiling fully described as attached) is scheduled Springs, PA 17007, (more sale on Dece~er' 05, 2001, at 10:00 a.m. to be sold at sheriff's in the Commissioner'S Hearing Room located on the 2nd Floor o~ the cu~erland County courthouse, 1 courthoUSe s~are' carlisle, pennsylvania 17013, to enforce the court judgment of $35,391.55 obtained by Bankers TrUSt company of california, N.A., As Custodian Or Trustee against you~ To prevent this Sheriff's sale you must take ~: ay to BankerS Trust d i~ you P - :~ ~ Trustee . .~ be cancele_ ~ Custodm=n ~r _~=~onable 1. ~ --, of callEOr~,=_ ,bargeS, co,u=, = -,ou must pay, compa~2 ---~ts lau= ~ ~ ~oW ~CAA 2 the back Pa~~"='' ~e. To find ouu '~squire at (215) 790-- attorney'S zees ~= McCabe, you ~Y call Terrence J' 1010. o 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 the following notice on how to obtain an attorney.) YOU MAY STTT.?. BE ~u?.~ TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE ~TFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 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. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on January 04, 2002. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after January 04, 2001. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SROULD Taw~ TRIS PAPER TO YOUR LAW%~R AT O~C~ IF YOU DO ~ RAVE A LAWYER OR ~aW~__OT AFF6~n 0~ ~0 TO OR TIT.~O~ Ta~ OFFICE LISTED B~LOW-%% ~%~, Q~ W~aE YOU C~N ~ET LEGAL w~?.~. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVEI~IE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CF. RTAIN tract of land situate tn South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BBGI~qlN/3 at an iron pin in the side of the public road now known as Mountain Road which leads from the Village of Boiling Springs to the "Whiskey Spring" Road and which iron pin at the Place of BeEirming is in line of lands now or forro~rly of 3acob Sweeney; thence tn a North-Easterly direction of 100 feet to an iron pin in the Northeasterly side of said public road now known as Mountain Road; thence by land now or formerly of William S. Sheaffer, a predecessor in title, in a W~sterly direction a distance of 826 feet to an iron pin in line of land now or formerly of Bugene Fisher; thence in a Southeasterly d/recfion along line of said land now or formerly of Eugene Fisher a distance of 100 feet 03 inches to an iron pin in line of land now or formerly of Sacob Sweeney; thence by said land now or formerly of 3acob Sweeney in an Easterly direction a distance of 825 feet to an iwn pin tn the side of thc public road now known as Mountain Road at th~ place of BBOINNIN(~. THE ABOVE-described lract ofland contains an area of 1.9 acres, be the santo more or less, and has the mailing address of 546 Mountain Road, Boiling Springs, Pcansylvania 17007. TOGETHBR with all'and singular buildings, ways, waters, water-cou~cs, righls, liberties, privileges, hereditaments and appurtenances whatsoever thereunl~ belonging or in allywiso appertainh~g and the reversions and rematnders, renl~, issues and profits thereof, and also all the estate, riEht, title, interest, use, trust, properly, possession, claim and deamnd whatscevcr, of thc said lohn $. Morton, at and immediaIely hefore the time of is death, in law, ~tuity or otherwise howsoever, of, in, to or out of the same. Parcel ID # 40-12-0344-042 Being Known As: 546 Mountain Road, Boiling Springs, PA 17007. Zdent~f~--~.' ~_~cC~BE, ~SOUZRE ~=~on AttOrney £or Pl&int~ff First Un~-- - aU=be~ 16496 -v. nUilding 123 South Bro&d Street, SUite 2080 Philadelph~a, PA 19108 (215) 790-1010 BANKERS TRUST COMPANy OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE V. DALE MORTON A/K/A DALE E. MORTON CUMBERLAND COUNTy COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term I, Terrence j. McCabe, Esquire, attorney for the Plaintiff in the Within matter, hereby certify that on the llth day of October, 2001, a true and correct copy of the Notice of Sheriff,s Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit PUrsuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B.. SWORN TO AND SUBSCRIBED ------- BEFORE ME THIS llth DAY '~, ~UUIRE OF OCTOBER, 2001. Y PUBLIC Zdenti£icati ..... =, ~SQUZRB Attorney for Plainti££ -. ~ A~U~I~ar 16496 123 South Broad Street, SUite 2080 Phi~delphia, PA 19109 (225) 790-1010 CALIFoRNZA, N.A. AS OR TRUSTEE ' CUSTODIAN : DALE MORTON A/K/A DA~LE E. MORTON : CUMBERLAND COUNTy COURT OF COMMON PLEAs NUMBER 01-2490 Civil Term I, Terrence j. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of EXecution was filed the following information concerning the real property located at $46 Mountain Road, Boiling Springs, PA 17007, a copy of the description of said property is attached hereto and marked Exhibit "A." Name and address of Owner(s) Name Dale Morton a/k/a Dale E. MOrton or Reputed Owner(s): Address 546 Mountain Road Boiling Springs, PA 17007 Name and address of Defendant(s) in the judgment: Name Address Dale MOrton a/k/a Dale E. MOrton 546 Mountain Road Boiling Springs, PA 17007 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be Sold: Name Address Plaintiff herein. 4. Name and address of the last mortgage of record: Name Plaintiff herein. recorded holder of every Address record' intNea~m~e and address of e.very Other person who has any · ~rest in o interest ,,~,. = _ r record l~en on the property and whose · ..=~ me affected by the sale: Name None. Address 6. Name and address of a:~LOther ·person of wh Plaintiff has knowledge who has may be affected by the sale: x ~erest 1- ~- "~= property which Name Tenant (s) /Occupant (s) Domestic Relations Address 546 Mountain Road Boiling Springs, PA 17007 Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit and correct to the best of my personal knowledge or information and belief. I are true subject to t~e. penalties understand that false statements herein are made unsworn fals~flcation to of 18 .Pa.c.s. Section 4904 relating to authorities. October 11, 2001 McCABE, WEZSBRRG AND CONWAV BY: TRRRKNcE j . M~- -' 123 SOUth Broad 8treet, OR TRUSTEE D~E MOR~N A/K/A D~E E. MORTON DATE: October 11, 2001 TO: Attorney for Plaintiff CUMBERAAND COUNTy COURT OF COMMON PLF~s NUMBER 01-2490 Civil Term ALL PARTIEs IN INTEREST AND CLAIMANTs OWNER(S): PROPERTY: 546 Mountain Road, Boiling Springs, IMPROVEMENTS: Residential Dwelling Dale Morton a/k/a Dale E. MOrton PA 17007 The .above-cap'tioned ro · ~her~ff's Sale o- ~ P~rty is scheduled ~- ~ COmmlssione~,_ - ".~ecemner 5, 20 ~u De sol~ at Cumberland ~,i._~earlng ROom locat,~0L_a~ 10:00 a.m. in Pennsvlv~_~_~n~Y Courthouse, ~ ~- ~ one 2nd Floor . z ~ ~7013. ~ =ourc~ous ~nterest in the ,r~.._?~r ~Ords indicate uare' Carlisle, xou may wish ~ ~ym=~uy wnlcn will ~ ..... ~,,?u you may hol - ~u ~u=ena the sale ~- -~~ =AElngulshed by th- _1_~ _ ~ protect your inter~sts~ ~e. A schedule of distribution will be filed by the Sheriff on a date specified, by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT "B" Bankers Trust Company of California N.A., as Custodian or Trustee VS Dale Morton a/k/a Dale E. Morton In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2490 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Terrence McCabe. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.68 Mileage 4.55 Levy 15.00 Advertising 15.00 Certi fled Mail 1.14 Poundage 15.29 Postpone Sale 20.00 Law Journal 353.75 Patriot News 262.95 $ 779.86 paid by attorney 3-07-02 Sworn and subscribed to before me This lq? day of_~/z~.~ 2002, A.D. ' ~ Prothonotary R. Thomas Kline, Sheriff Real Estat~ Deputy McCABE, WEISBERG AND CONWAY, P.C. BY~ TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 BANKERS TRUST COMPANY OF : CALIFORNIA, N.A., AS CUSTODIAN : OR TRUSTEE : DALE MORTON A/K/A DALE E. MORTON : Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-2490 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 above action, set of Execution was real property located at 546 Mountain Road, Boiling Springs, 17007, a copy of the description of said property is attached Terrence J. McCabe, Esquire, attorney for Plaintiff in the forth as of the date the Praecipe for the Writ filed the following information concerning the PA hereto and marked Exhibit "A." 1. Name and address of Owner(s) Name Dale Morton a/k/a Dale E. Morton or Reputed Owner(s): Address 546 Mountain Road Boiling Springs, PA 17007 Name and address of Defendant(s) Name Dale Morton a/k/a Dale E. Morton in the judgment: Address 546 Mountain Road Boiling Springs, PA 17007 COMMONWEALTH OF PENNSYLvANiA) COUNTY OF CUMBERLANDi NO. ___.~0Z-2490 ClV · TO THE SHERIFF OF ..... ~.._C~3er. j~ --::----'-'----- '~- ~ ~ CIVIL ACTION. LAW ---- ....... ' .................. COUNTY To satisfy the riehl, mlerest and costs due ......... As - Q~S~;(~d -~3z3_ _ _~.~_ _~'_zus tee .... 'a~'~" ' 'z~- - T- -z:~- -s-t--- -~- RY-- °~-~Ca't if°rn ia, N.A. lrom_._ -D~--e---.--NO~c__~o~ a~___Da_le E..~:_on' 546 Noun- --------~PLAINTIFF(s~ .................. ' ..... -- ......... ~:ain J~ad, Boiling Spr.i~gs, PA 17007 -- DEFENDANT(s] (I~ You are directed lo levy upon the propeffy of the defendant(s) and to (2) You are also direcled lo attach Ihe properly of Ihe defendanl(sj not levied upon in the POSsession of Affy's Corem Alty Paid ...... ~_.~4.34 P~aintitf Paid___ and to notify the garnishee(s) that (a} an attachment --GARNISHEE(s) as follows: debt Io or tot/he aCcounl of the defendant(s) and from delivering any Property of/he defendant(s) or o/hen~,ise disposing thereof; has been issued; (b) the garnishee(s) is/are enjoined from paying any (3) If pmperly °f the detendanl(s) not levied upon an subiect .......... than a named garnishee, you are directedto notify him/her I hat he/she has been added as a garnishee and is enjoined as above stated. ' " °"'=ur~meni is ~°uno in the possession of anyoneolher Amounl Interest ~--z:~m-6Z23Z~ ........... L.L Due Prolhy $1.00 Olher Cosls Dale.. ...... Jul_y 3, 2001 REQUESTING PARTY: Name .... .~T~-r'z-ence j. M~___abe, Address: _~23 S. Broad Street, Su~.~e ::)080 ,_ z9zo9 Attorney for: .... ---~laintiff ....... Telephone: Supreme Court ID No. .......... cu_--t:~ R. LOng Prothonotary, C,vfl Divis~---~-~ .... Deputy REAL ESTATE SALE No. ct THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Commonwealth of Pennsylvania, County of Dauphin) ss dame,, L. Cl.,rk being duly sworn according to law, deposes and says: That he is the ACounts Receivable Manager of The Patriot News Co., a corporation organized and existing Under the laws of the Commonwealth of Pennsylvania, with its principal off/ce and place of business at 812 to 818 Market Street, in the City of Harrisburg, ..-~-[QEJ~[~O~ and The q ......... County of Dauphin, State of Pennsylvania, Market Street, in ~ newspapers of genera ..... printed and published at 812 to 818 OWner and · ...u orsra af,~.---= .... , ,,,-UUlailon, publisher of established March 4th, 1854, and September l~t'~:°'u' mat The Patriot-News and The Sunday Patriot-News were ever since; 1949, respectively, and all have been continuously published That the Printed notice or publication which is Securely attached hereto is exactly as pdnted ~ha;;s~eogfU~earn2~r1 Sunday/Metro editions which a Pea · That neither he nor said r'-.aP-p-- m.d .on the 23th and 30th ~,~ _ .a.nd published In notice or advertising, and that all of the allegations of this statement as to the time, place and character of · .-.,,.pa.y is Interested j,... .... --y(s) uf Cc[acer and thn publication am true; and ', ,-,. auoject matter of said Printed 6th That he has personal know/edge of the facts aforesaid and Js duly authorized and empowered to verify this statement on beha/f of The Patriot-News Co. aforesaid by virtus and pursuant to a resolution Unanimousfy passed and adopted Severally by the stockholders and board of d/ractors of th · of Deeds in and for Sad County of Da: s:,, C du,y racordad COPy .......... . ....... ~'~ T;;:',°~ ............................................. ~ va ::'::- ' : ; ~IV~~ "~UlARYPUBLIC ' ~lell~lle~ '"Y COmmission exp/res June 8, 2002 ~o.~'~~'''~ CUM"~R~D COU.~ S"~R~ ~ CARLISLE, PA. 17013 ~,,~,;~,,,,~,,~,d~,,~, Statement of Advertising Costs eso~m(G ~ i~ i~ ~i, i. a~ dd~ o~ me To THE PATRIOT-NF. W8 CO., Dr. . Pubac~dr, avfmow..~emainp.~dwhich For Publishing the notice or publication attached · kad~ ~xa I~ T~JJage (E ~ei]iag Sla~Ss to I~ here ~'w~.s '.m~. ~d. ~..~l~i~pi,,~e~ - · to on the abe ,~ o* · ' ~ ~.__,~. · m Im ~ ~ .ow or J"ror)atJng same v_ ~.-~=u aa/es ~h~ '~du~lOOt=ttoa.-.~p~i~d~ ~o[al -o[ary Fee(s) $ ? .r,~u~.'.a. Pa~ ~ by land no~ or Publisher,- r,_ . · 262.95 ~.o~.m~n. yorw~Uiam~3~a~Ter, alaWkm,~i, o neoelpl for adv .... .dd~m.a~.dirmJ0, adim,=~82~.~ .., publiaher of-r._ _ . " ~rH'*lrlo Cosf ~°anmm~aO_mameoflsndnoworfomtdyof e · r- i - a ~TlrT duly -o,- J recemf of +h~/..~/[[0'~[QWA- nd Tho .~,,..~ ..... . ~,-,u. ,- ...~ ~roresald notice and~, newspapers of n,~n. , . usam and certifies the* --- o--.ra, · -,u Same have 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. Morgeuthul, 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 tanuary 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 thc said Cumberland Journal on the following dates, viz.' Law 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. ~ ~TAT~ 8A~ WO. I Writ No. 2001-2490 CIvil Bankers Trust Company of Ca]ii'on'Ha .N.A.. as OtlstOdian or 'l~Ustee ¥$. DaZe Morton. a/k/a BaJe JC. Morton ~tty.: Terrence McCabe LEGAL DE$CmPT]oN ALL THAT CERTA/N tract of land. Sltuafe in ~ou~h M/ddietorl Town- ship, Cumberland County. Pennsyi. vama, bounded and d~scrlb~d as follows: BEG{N1VING at an Iron p'n {tm the sld~ of the publ{c road nov/known .aa Mo..tmtaJn. _1~.d which.le~da, fm.,m SWORN TO AND SUBSCRIBED before me this 26 day o f 00 I {.I3{S ~..'c,; ...:-., ..' ...:, c~ ~,,~, I ~t~AL ~STAT~ 8AL~ NO. 1 Writ No. 2001-2490 Civil Bankers Trust Company of California N.A., as Custodian or Trustee vs. Dale Morton, a/k/a Dale E. Morton Atty.: Terrence McCabe LEGAL DESCRiPTION ALL THAT CERTAIN tract of land, situate in South Mlddieton Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: BEGINNING at an iron pin in the side of the public road now known as Mountain l~Dad which leads from the vlilage of Boiling Springs to the '~Whiskey Spring" Road and which iron pm at the Place of Beginning is in line of lands now or formerly of Jacob Sweeney; thence in a North- Easterly direction of 100 feet to an iron pin in the Northeasterly side of said public road now known as Mountain Road; thence by land now or formerly of William S. Sheaffer, a predecessor in title, in a Westerly direction a distance of 826 feet to an iron pin in line of land now or formerly of Eugene Fisher; thence in a Southeasterly direction along line of said land now or formerly of Eugene Fisher a distance of 100 feet 03 inches to an iron pin in line of land now or formerly of Jacob Sweeney; thence by said land now or formerly of Jacob Sweeney in an Easterly direction a distance of 825 feet to an iron pin the side of the public road now known as Moun- tain Road at the place of BEGIN- NING. THE ABOVE-described tract of land contains an area of 1.9 acres, be the same more or less, and has the mailing address of 546 Moun- tain Road, Bollmg Springs, permsyl- vanla 17007. TOGETHER with all and aingu- lar buildings, ways, waters, water- courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining and the re- versions and remainders, rents, is- sues and profits thereof, and also all the estate, right, title, interest, use, trust, property, possession, claim and demand whatsoever, of the said John S. Morton, at and immediately before the time of is death, in law, equity or otherwise howsoever, of, in, to or out of the same. parcel ID # 40-12-0344-042. Being Known As: 546 Mountain Road, Boiling Springs, PA 17007.