HomeMy WebLinkAbout01-4967FEI)ERMAN AND I>HELAN, LLP
By: FRANK FEDERMAN. ES(.)I. JIRE
II)I'NTIFICA I'[ON NO. 12248
ONE PENN CliNTER A'I S[JBUb?.[zlAN STA lION
1617.!OIIN F, KENNED', BO[LI'VAI'tD
PHILADELPttlA. I>A 19103-1g14
L~[S) 563
WASHINGTON MUTUAL BANK, FA
539 SOt!TH 4'1'1I AVENUE,
I.()UISVILI~I, KY 40202
l>hfinti I'1'
ATTORNEY F()R I~I.AINTII"t'
('OUR I' O1" COMMON PEI'LAS
CIVIL DIVISI()N
TERM
No. OI- 7
CUMBIH>,LAND COUNTY
JOt IN S MOP, TON, .JR.
534MOLINIAIN ROAD.
BOIl,lNG SPRINGS, PA 17007
l)elTndant(s)
RECEIVEI) A DIS(IIAR(;E IN BANKRUPTCY AND IttIS L)EBT WAS N(YI REAHr[RMED, 1Ills
( ORRESPONI)ENCE IS NOT AND SIlOUI,I) NOT BE CONSTRUED TO BE AN ATTEMPT TO (OLLE(T
A DEBT, BU'I ONI,Y I(NFORCEMENT OF A IAEN A(;AINST PROPERTY. **
You have been sued io Court. Ifyouwishtodet~ndagainstthcclaimssetfi)rthmlhetbllox~ing
pages, yOtl nlust take action w~thm twenty {2o) (lays alier this Complainl arid Nolicc arc served,
by entering a written appearance personally or by attorney and filing in writing with the court
)our delL'nses or objections to the claims set [brth against you. You are warned Ihat il'you ihfi lo
do >;o thc case illay proceed without you alia a judgment may be entered against you by 1[~c cot(Fl
xx~thoul [urlhcr notice lbr any tnoncy claimed in the Complaint or [Ur any other claim or rdief
requested by thc Plato(ii)'. You may lose money or propcrty or other rights imporhmt to Vou.
Y()I;SItOULDTAKETHIS PAPIH~ TO YOUR LAWYER AT ONCE. IF YOLJ DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEIAHqIONE THE OFFIC~
SET FORTH BELOW TO FIND OUT WHERE YO[I CAN GET LEGAL HI~LP.
CUMBI:RI.ANI) COUN'I Y
(bMBERI,ANI)(OLNI't BAR ASSOCIATION
2 IAI~EP,'I Y AVENUE
('XRIIS[I:.P,~ 1701~
17 i 71249-3166
IF THIS IS THE FIRST NOTICE THAT YOU
HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
Pt RSUANT TO THE FAIR DEBT COLI,ECTION
PRACTICES ACT, 15 U.S.C. § 1692 ct seq. (1977),
I)EFENDANT(S) MAY DISPUTE THE VAI,IDITY OF
THE DEBT OR ANY PORTION TItEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEAI)ING, COUNSEL FOIl PI,AINTIFF WILL
OBTAIN AND PROVII)E DEFENDANT(S) WITH
WRITTEN VERIFI( ATION THEREOE;
OTHERXX ISE, I'HE I)EBT x*VII~L BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEl, FOR PLAINTIFF WILL
SEND DEFENDANT(S) TIlE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR. IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
ENTIL 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 Tills ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JEDGMENT UNTIL THE EXPIRATION OF THIRT~
(30) I)AYS Al:TEl/ %O1' HAVE RE( EIVED TillS
COMPLAINT. itOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
Al)DRESS ()F THE ORIGINAL CREI)ITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE I~AW REQUIRES US TO CEASE ()UR
EFFOR'IS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE I)EBT UNTIL
WI~] MAIL TIlE RFQUESTED INFORMATION TO
YOU. YOU SH()ULI) CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBILGATIONS IN THIS StilT.
Phdnt[ITi~:
\VASIIIN(}TON M[JT[iAI. BANK, FA
539 S()UTII 4TH AVENU[;,
LOUISVILLE, KY 40202
The name(s) and hist kno~,,n address(cs)ol'thc Dci'endant(s) arc:
.It)lIN ~; M£)[<T()N, .IR
534 MOUNTAIN ROAD,
BOLLING SPRINGS, IDA 17007
who isare tim mortga?r(s and real owner(s) of thc property hcrcinaiier described.
On I 1/27/00 mortgagor(si made, cxecutcd and delivered a mortgage upon the premises
hereinafter described to FOUNDATION FUNDING GROUP. INC. which mortgage is
recorded in the ()fl~ce oflh¢ Recorder o['CI2MI~I:RLANI) ('ounty, in Mortgage Book
No. IO6S, Page 779. PLAINI'IFF is now tile legal owner ol'lhe mortgage and is il/ thc
process o1' Ibrmalizing an assignment of same.
'Iht premises su[:tiect ltl said mortgage is described as attached.
The mortgage is in dct'aull because monthly payments of' principal and imerest upon said
mortgage duc 2/I/01 illld each month thereafter arc due and unpaid. [l[ld by thc terms
said mortgage, upon default in such payments fi)r a period of one month, the entire
principal balance and all inlcrest duc thereon arc collectible forthwith.
The lbllo~ [n~ aI110LII1[$ ~l. rc duo on the illOrtga~e:
Principal Balance
Interest
l/l/OI through 8/1/01
(Per Diem $2359)
&ttorney's kccs
['un~Ltlalivc Latc Charges
Ii .27i00 to
Cost ot'Suit and Title Search
~ublolal
$ I 14~800.00
5.024.67
4.(}0(} 00
222.42
$ 124~597.09
Credit 0.0f)
Dclicil 1021 O0
Subtotal
TOT,\ 1. $125.618.09
qhe attorney's l~es set [brlh above arc in conlbrmity with the Mortgage documents and
Pennsylvania Law, and will be collected m the event ora third party purchaser al
Sheritt's Sale. If the Mortgage is reinstated prior lo the Sale, reasonable attorney's IL, cs
will bc charged.
This action does not conic under Act 0 o[' 1974 because the original mortgage alllounl
exceeds 550.000.00
WI IEREFORE. PLAINTIFF dcmaods an W rcm Judgment against thc [)cl~ndantisl in thc sum el
$125.618.09. together ;~ith interest Ii'om 8q/01 at lhc rate of S23.59 per diem to lhc dale of
.ludgmcnt. and other costs and chargcs collccliblc under tl~c mortgage and lbr tiao lbrcclosurc and
sale of thc mortgaged propcrt5.
FRANK FEDERMAN, ESQUIRE
Attorney fi)r PlaintifT
ALL that certain place, parcel or tract of land situate m the Township of South
Middleton, Cumberland County, l'enna., more particularly born:dod and
described as follows:
BEGINNING at an iron pin in the northerly side of ~he public road leading
frc~rn the Old Town Road to Boiling Springs; thence by lands of CIoyd
Killingcr in a Northwesterly direction a distance of five hundred and eigh ,t3,
feet to an iron pin in line of lands of Lewis Otto Estate; thence in a SoutI',erIy
direction along Ia~ds of said Lewis Otto Estate a distance of one hundred and
five feet to an iron pin in line of oti-~er lands of fl~e Grantors herein; ii, once by
said other lands of grantors he'.'ein in a Southeasterly direction a distap, ce of
five hundred and eighty feet to an iron pin in the northerly side of thc ?ublic
m~ad aforesaid; thence by the northerly side of the said ?ublic road, in a
northeasterly direction one hundred and five feet to ap~ iron pm, the place of
beginni~g, containing 60,900 square feet of land strict measure.
BEING ~he same premises which WEliam S. Sheaffer and Edna G. Sheaffer,
his wife, granted and conveyed un~:o Theodore H. C!ark and Josephine ~3.
Clark, his wife, by deed dated July 15, 1939, and recorded in the Cumberiaad
County Recorder of Deeds Office in Deed Book !2 K 3.36.
The said Theodore H. Clark died September 2, 1978, thereby vesting title solely
i~ his surviving spouse, Josephine B. Clark. The said Josephine 13. Clark died
Testate on February 2, 1997. Letters Testamentary were granted by the Register
c)f WilIs of Cumberland County to Barbara E. Leibrum on February 2~, I997, to
Estate No. 21-97-0'195
AND the said Grantors will warran~ generally the property hereby conveyed.
IN WITNESS WHEREOF, the said Grantor has hereunto set her hoped
seal the day and year first above written.
PREMISES ON: 534 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007
'~ERIFI£ \I'I0~
K.\RI'N BATT hereby slalcs that she is VICE PRIiSiDEN I oI'W),SIIING IT)N
Mi IUAI BANK, F..\. n~)rt~a~c ~cr,,lcm~ a~cnl Ib~ Plaintiff'in this mallei, ll~al hc is aulhorb'cd co Iakc
to thc penalties of I S Pa CS S¢c. 4904 relating to uns~o~ n thlsification to authorities
l) \TE;
SHERIFF'S RETURN
CASE NO: 2001-04963 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERI~IND
WASHINGTON MUTUAL BANK FA
VS
MORTON JOHN S JR
- REGULAR
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 the
DEFENDANT , at 1509:00 HOURS, on the 27th day of August
at 534 MOUNTAIN ROAD
, 2001
BOILING SPRINGS, PA 17007
JOHN S MORTON JR
a true and attested copy of
by handing to
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 J3~ day of
~ ~/ A.D.
' ~rothonotary'
So Answers:
R. Thomas Kline
08/28/2001
FEDERMAN & PHELAN
Deputy Sheriff
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. 014967 CIVIL
Type of Action
-Notice of Sheriff's Sale
Sale Date: MARCH 6, 2002
SERVED
~-~ b~! '~ , Defendant, on the
, Commonwealth
Served and made known to ~'~k~ ~,
at /{9,~.-~0 ,o'clock~_.m., at ~ ~0~.~0 ~,, ~i~ ~ ~r~
of Pe~sylvania, in the ~er desc~bed below:
~ Defendant personally served.
Adult fa~ly member with whom Defen~t(s) reside(s). Relationship is
~ Adult in charge of Defendant(s)'s residence who reMsed to give name or relatio~hip.
~ Mamger/Clerk of place of lodg~g in which Defendant(s) resi&(s).
Agent or person ~ charge of Defendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s co.any.
Other:
Description: Age ~ Height ~ Weight ~ffd ~ce ~& Sex g O~er
I, C}~e~c ~ k. ~] ~ ~ a co etent adult berg duly sworn accord~g to hw, a~ose ~d state ~t I penonally hanaed
' ~ .... ' :---~ ~ *~ ca~tioned case on the date ~d at
a ~e and coffect copy of ~e Notice of SheriWs Sale m ~e ~er as set ~o~ nere~ ~
the address indicated above.
Sworn to and subscribed ~ ~ ~ ~
before me,t~s tS day f.[/ ~ ~ //7~
of ~o~ ,200~. / /y /--~ ~ /~ ~ / /
I ~ene L Bramm, Nota~ Pu~ie I NOT SER~D
I ~m~ne Twp., ~ranklin ~un~ I D became
I My ~ommi~on Expires Nov. ~3, 2~ J00 at o'clock m, Defen~nt NOT FO~ :
On the ~m~ ~-~ &~;;,,. ';4 ' ~' ~' ~' '
Moved ~ U~o~ No ~wer . Vacant
Other:
Sworn to and subscribed
before me this day
of ,200 _.
Notary:
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
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 SAI,E
February 25, 2002
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 FEDER~AN, ESQi~IRE
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA
Plaintiff,
JOHN S. MORTON, JR.
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DMSION
NO. 01-4967 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
WASHINGTON MUTUAL BANI~ FA, Plaintiffin 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
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
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:
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.)
Tenan~Occupant
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
Domestic Relations of
Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of
Pennsylvania Department of
Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities.
October 3, 2001
DATE A~torney for Plainti~
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 Coun~ Courthouse~ South Hanover Streeh Carlisle~ PA. Our
records indicate that you may hold a mortgage or judganent on the property, which may be extinguished
by the sale. You may wish to attend the sale to protect your interests.
A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff
not later than 30 days after sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the schedule.
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. AND
JO~ 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.
PLEASE RE'rOA ; '
Attomey for Plaintiff
February 25, 2002
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
, $664.87
Sworn and subscribed to before me
This /!~ day of
2002, A.D.
Prothonotary
So Answe[s: ~
R. Thomas Kline, She/iff
Real Estate Deputy
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
WASHINGTON MUTUAL BANK, FA
Plaintiff,
JOHN S. MORTON, JR.
Defendant(s).
: No. 01-4967 CIVIL
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
$10,826.20and Costs
$137,954.05
FRANK FEDERIV~A_KIfESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103 - 1814
Attorney for Plaintiff
Note: Please attach description of property. No.
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 Killin,~er in a northwesterly direction a distance of t'ive
t~undred and eigh.ry feet to an iron pin in line of l[mds of Lewis Otto iEstate; thence in a southerly
direction along lands of said Lewis Otto Estate a distance of one hundred and five feet to an iron pi~
in line of other lands of the Grantors herein; I~hbnce bv 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 sid~ df the said public road, in a norrfieasterlv
direction one hundred and five feet to an iron pin, the place of beginning, containina 60.900 square feet
of land strict measure. ~ -
Tax Parcel #40-1.2-0344-016
[TLE TO SAID PREMISES IS VESTED IN John S. Morton, Ir., single man by Deed from
~rbara E. Leibmm, Executrix of the Estate of Josephine B. Clark, a/lc~a, losephine R. Clark dated
:/17/97, recorded 1.2/1.9/97, in Deed Book 169, Page 684.
PREMISES BEING KlqO}iN AS 534 }{OIINTAIN ROAD, BOILING SPRINGS, PA 17007
: Bk. No. 02-0~33g R~¥
Chapter No. 7
Ii U.S.C. §362
John S. Morton, Jr. Debtor
Washington Muma~ Bank~ F.A-
Movaot
.lobn S. Morton, ,Ir. and
Markian IL Slobodian, Esquire (Trustee}
RespondentS
Ictra dayof
AND blOW, this
consideration of the MotiOn for Relief and Motion for Default o f Movant,
." .'~) HARRISBURG
PA
Clerk,. Bankruptcy Court
,2qpon
WashingtObal
Bank, F.A., it is hereby
ORDERED that the Order for Relief be entered by default with respect to prerr
·. - 17007, to allow the Movant to foreclose on i
534 Mountain Road, Boding Spnngs, PA
mortgage, which mortgage was recorded in Cumberland County, in Mortgage Book 16(
779, and allOW the purchase of said premises at Sherift' s sale (or purchaser'S assignee) t
any legal action for enforcement of its right to possession of said premiseS.
CC:
Judith T. Romano, Esquire
One penn Center at Suburban Station
1617 lohn F. Kennedy Blvd., Suite 1400
Philadelphia, PA 19103-1814
Keith B Dearmond, Esquire
951 Rohrerstown Road, Suite 102
Lancaster, PA 17601
Robert L Woodside, Bankruptcy 3udge
3oho S~ Morton, Ir.
534 Mountain Road
Boiling Springs, PA 17007
Markian R. Slobodian, Esquire (Trust
801 N. Second Street, P.O. Box 1196'
Harrisburg, PA 17108-1967
Docket for Case: "+ GetCaseNo0 +" (" + DktTypeExpand(m.gsDktType) + ") Page 1 of 2
Bankruptcy Docket Report
1 02-02335 (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, Maaix and all None
Schedules/Statements [EOD 04/26/02] [AG]
05/14/02 2 CERTIFICATE OF MAILING of notice of 341 meeting. [EOD 05/14/02] Doc g2 PDF (3
[AUT] pages)
06/05/02 3 MOTION for relief from stay filed by WASHINGTON MUTUAL BANK, None
F.A. (fee paid rec#583027 $75.00) [Disposed] [EOD 06/05/02] [DS]
CERTIFICATE OF NON-CONCURRENCE [EOD 06/05/02] [DS]
06/05/02 4 ORDER that answers aredue on 06/25/02 Re: Item g 3. [EOD 06/05/02] [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 07/19/02] [DS] None
07/19/02 8 ORDER granting default judgment Re: Item # 7. [EOD 07/19/02] [DS] Doc #8 PDF (I
ORDER granting relief from stay Re: Item # 3. [EOD 07/19/02] [DS] alZag_e.)
07/19/02 9 REAFFIRMATION AGREEMENT between Debtor and AMERICREDIT None
[EOD 07/19/02] [DS]
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 ~_.1_2 PDF (3
Certificate of Mailing. [EOD 09/03/02] [AUT] pages)
09/03/02 13 FINAL Decree. Certificate of Service. entered on 08/29/2002. Certificate of Doc #13 PDF (2
Mailing. [EOD 09/03/02] [AUT] pages)
Printed: 09/16/02 12:10:33
PACER Service Center
Transaction Receipt
09/16/2002 12:10:33
PACERLogin: I[fp0039 IIClient Code: I
~escription: ][~-~[Case Number: [[1 2002-02335
Billable Pages: ][2 [[Cost: 110.14
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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,
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 unswom
falsification to authorities.
FRANK FEDERTM~kN, E~SQUIRE
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA
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 BANI~ 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 Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JOHN S. MORTON, JR.
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
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
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:
Nanle
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
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
Domestic Relations of Cumberland County 13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are tree 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.
September 16, 2002
DATE
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA :
Plaintiff, :
JOHN S. MORTON, JR. :
Defendant(s). :
TO:
JOHN S. MORTON, JR.
534 MOUNTAIN ROAD
BOLLING SPRINGS, PA 17007
CUMBERLAND COUNTY
No. 01-4967 CIVIL
September 16, 2002
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTE **
Your house (real estate) at ~ 534 MOUNTAIN ROAD~ BOLLING SPRINGS~ PA 17007~ is
scheduled to be sold at the Sheriff's 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 thc 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.
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 fights. 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 Sheriffthe 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
Sheriffwithin 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
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 pi~
in line of other lands of the Grantors herein; ~h~nce bv said other lands of grantors herein in a
southeasterly direction a distance of five hundred and eigah~v feet to an iron pin in the northerly side of
the public road aforesaid; thence by the northerly side ~f the said public road, in a northeasterlv
direction one hundred and five feet to an iron pin, the place of beginning, containinz 60.900 square fe~t
of land strict measure. ~ ~
Tax Parcel #40- l 2 -0344-016
FLE TO SAID PREMISES IS VESTED IN John S. Morton, Jr., single man by Deed from
rbara E. Leibrum. ExecutrLx of the Estate of losephme B. Clark, a/L/a, 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
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 01-4967 Civil
COUNTY OF CUMBERLAND) 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 a~achment 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 Duel27,104.26 L.L.
Interest FROM 10/4/01 TO 3/5/03 (PER DIEM - $20.90) - $10,826.20 AND COSTS
Atty's Comm %
Arty Paid $781.27
Plaintiff Paid
Date: SEPTEMBER 19, 2002
(Seal)
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothono[~t~t~fl
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
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 3'129
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL
BANK, FA hereby verify that on 9116102 & 12/6102 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 9116102 by certified mail return
receipt requested see Exhibit "B" attached hereto.
DATE:
Janua~ 15,2003
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
7160 3901 9844 0120 3998
TO:
JOHM S. MORTON. JR.
534 MOUNTAIN R(3AD
BOILING SPRINGS, PA 17007
SENDER: KMD /;
: REFERENCE: SALES
Receipt for
Certified Mail
No Insurance Coverage Provided
Do Not Use for International Mail
..................... ;.!2.
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(2~s) .s6~-7ooo
WASHINGTON MUTUAL BANK, FA
Vo
JOHN S. MORTON, JR.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.01-4967
CUMBERLAND COUNTY
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PIIR~qlIANT TO P.R.C.P.: 404(2)/40.3
FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the
Notice of Sheriff's Sale was made by sending a true and correct copy by certified mail to Defendant,
JOHN MORTON at 534 MOUNTAIN ROAD, BOLLING SPRINGS, PA 17007 which notice of
Sheriffs 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 unswom falsification to authorities.
January 15, 2003
FRANK FEDERMAN, ESQUIRE
ATTORNEY FOR PLAINTIFF
3. Service Type CERTIFIED MAIL
4. Restricted Delivery?. (Extra Fee) .-~Yes ·
1. Article Addressed to: -
JOHM S. MORTON, JR.
534 MOUNTAIN ROAD
BOLLING SPRINGS, PA 17007
ii PS F~*,~18'1~1, July2001
B. Date of Delivery
Domestic Return Receipl
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
DENTIFICATION NO. 12248
ONE PENN CENTER PLAZA, SUITE 1400
pHILADELPHIA, PA 19103
(215~ 563-7000
WASHINGTON MUTUAL BANK, FA
JOHN S. MORTON, JR.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.01-4967
CUMBERLAND COUNTY
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PIIR~qlIANT TO P.R.C.P... 404(2)/403
FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the
Notice of Sheriffs Sale was made by sending a tree and correct copy by certified mail to Defendant,
JOHN MORTON at 534 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007 which notice of
Sheriffs Sale was received by Defendant, JOHN S. MORTON, JR. on 9/20/02 as evidenced by the
attached remm receipt.
The undersigned understands that this statement is made subject to the penalties of 18 PA
C.S. s 4904 relating to unswom falsification to authorities.
FRANK FEDERMAN, ESQUIRE
ATTORNEY FOR PLAINTIFF
January 15, 2003
2. Article Number
,i --3.' ~er~ice Type cERTIFIED MAIL
I:
i{ 4. Restricted Delivery?. (Extra Fee)
:: 1. Article Addressed to:
' JOHM S. MORTON, JR.
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
A. Received by (Please Print Clearly) B. Date ot Delivery
C. signature ...........
[--~ Agent
If YES, enter delivery address below:
SAI lES i
PS ~r~':J81'12 July 2001
Domestic Return Receipt~ : ...... "'
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 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 ,A 5' day of
~ , A.D. 2003
Recorder of Deeds
Washington Mutual Bank, FA
VS
John S. Morton
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 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 Barfick, 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 tree 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 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 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.
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
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 .3b~ dayof
-~ ~/ , , R. Thomas Kline, Sl~eriff
2003, A.D.
l~r°tth°n°tary
Real Estat~Deputy
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 01-4967 Civil
COUNTY OF CUMBERLAND) 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 Due 127,104.26
Interest FROM 10/4/01 TO 3/5/03
Atty's Comm %
Atty Paid $781.27
Plaintiff Paid
Date: SEPTEMBER 19, 2002
Lot.
(PER DIEM - $20.90) - $10,826.20 AND COSTS
Due Prothy $1.00
Other Costs
(Seal)
CURTIS R. LONG
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
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"
filed with this writ and by this reference incorporated herein.
Date: October 24, 2002 By:
Real Estate Deputy
SCHEDUL~ OF filSTRIBUTION
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:
Buyer:
Bid Price:
March 5, 2003
Washington Mutual Bank, FA
$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):
Cash on account (03/05/03):
Credit Writ No. 2001-4967:
$1,500.00
500.00
3,000.00
Total Receipts: $5,000.00
Disbursements:
To Sheriffs Costs:
To Legal Search:
To Cumberland County
Tax Claim Bureau
To Attorney Frank Federman
Credit Writ No. 2001-4967:
Total Disbursements:
Balance for distribution:
850.92
200.00
198.23
750.85
3,000.00
($&ooo.oo)
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. Leibmm, 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:
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.
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
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.
7. 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 ShefiWs sale.
9. 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.
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 Mtddleton, 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 Klllinger 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 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-
sephlne 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.
'Advance Costs:
Assessed Valuation:
REAL ESTATE SALE # 10
ATTORNEY Frank Federman
$ 1,500.00
$75,72O.OO
Real Debt:
Interest
Attorney writ costs
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Out of County
Perry County
Postpone sale
Legal Search
Law Journal
Patriot News
Share of bills
Distribution of proceeds
Sheriff's deed
Writ No. 2001-4967 Civil Term
Washington Mutual Bank, FA
VS
John S. Morton, Jr.
534 Mountain Road
Boiling Springs, PA 17007
$127,104.26
10,826.20
781.27
30.00
100.00
15.00
15.00
30.00
10.00
1.00
4.14
2.79
15.00
20.00
9.00
27.30
246.80
235.18
25.21
25.00
39.50
Cumberland Co. Tax Claim Bureau 198.23
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, Plaintiffin 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~ BOILINC
.SPRINGS~ PA 17007.
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JOHN S. MORTON, JR.
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
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
4. Name and address of last recorded holder of every mortgage of record:
Nalne
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
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
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
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
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
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.
_Sevtember 16, 2007'
DATE
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA
Plaintiff,
V.
JOHN S. MORTON, JR.
Defendant(s).
CUMBERLAND COUNTY
No. 01-4967 CIVIL
TO:
JOHN S. MORTON, JR.
534 MOUNTAIN ROAD
BOILING SPRINGS, PA 17007
September 16, 2002
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSL Y 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 PROPERTK **
Your house (real estate) at .~ 534 MOUNTAIN ROAD, BOIIJNG SPRINGS~ PA 17007~ is
scheduled to be sold at the Sheriff's Sale on 3/5/03 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, PA 17013, t~ 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.
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 fights. 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 mount 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
t~undred and ei_ohtv feet to an iron pin in line of lands of Lewis Otto Estate; thence in a southerly
direction along lan'ds of said Lewis Otto Estate a distance of one hundred and five feet to an iron pi~
in line of other lands of the Grantors herein: ~h&nce by said other lands of grantors herein in a
southeasterly direction a distance of five hundred and eio_hrv 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 bezinnin_o, containing 60.900 square fe~t
of land strict measure. - -
Tax Parcel #40-12-0344-016
F. LE TO SAID PREMISES IS VESTED IN John S. Morton, Jr., single man by Deed from
rbara E. Leibmm, Executrix of the Estate of losephine B. Clark, a/lc/a, Iosephine R. Clark dated
'17/97, recorded 12/19/97, in Deed Book 169, Page 684.
PREI4ISES BEING KNOI~NAS 534 14OUNTAIN 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 :
: SS.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
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.
REAL F_~TATE 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
SWORN TO AND SUBSCRIBED before me this
14 day of FEBRUARY, 2003
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct 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. '~ ~A
PUBLICATION ........................... '" '/~''''
COPY sworn to and subsd~'be~o/r~,~m~ this 14th'"~/f,~a Y .D.
City Of H;rrisburgl Dauphin County" ~' _ ~Z._ ~'
My Commission Expires June 6, 2006 ~ N~q-ARY P U BLIC
~Member. Pennsylvania Assoda~r, Of Notaries 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
Probating same Notary Fee(s)
Total
$ 233.43
$ 1.75
$ 235.18
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-New~, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
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 road 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 dosephine 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.
SWORN TO AND SUBSCRIB[
_ 14 day of FEBRUA