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CHERYL L. SHULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
i
'I
.
v.
CIVIL ACTION - LAW
MASTERGUARD, INC. and
PROVIDENT NATIONAL BANK,
Successors and Assigns,
Defendants
.
Their:
NO. , ;115 CIVIL 1994
IN QUIET TITLE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following Complaint, you must
take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance
personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth
against you. You 'are warned that if you fail to do so, the
case may proceed without you and a judgment may be entered
against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, PA 17013
Phone: (717) 240-6200
1
CHERYL L. SHULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
MASTERGUARD, INC. and
PROVIDENT NATIONAL BANK, Their:
Successors and Assigns,
Defendants
NO. CIVIL 1994
IN QUIET TITLE
COMPLAINT TO COMPEL SATISFACTION OF MORTGAGE
1. Plaintiff Cheryl L. shultz is an adult individual
residing at 66 E Street, Carlisle, Cumberland County,
Pennsylvania.
2. The Defendant, Masterguard, Inc. (hereinafter sometimes
referred to as "Masterguard"l, is or was a Pennsylvania
Corporation which at one time had an office at 4601 Locust Lane,
Harrisburg, Pennsylvania 17112. The exact location and address
of the Defendant, Masterguard, Inc., is unknown all as more
specifically set forth in the Affidavit of Good Faith
investigation filed concurrently herewith and made a part hereof.
3. The Defendant, Provident National Bank (hereinafter
sometimes referred to as "provident"l, is a banking institution
with offices at 120 South 17th Street, Philadelphia, Pennsylvania
19101.
4. Plaintiff previously was the lawful owner of premises
known as 70 E Street, Carlisle, Cumberland County, Pennsylvania
more particularly described as follows:
ALL THAT CERTAIN lot of ground situate in the Borough of
Carlisle, County of Cumberland and State of Pennsylvania, bounded
and described as follows:
BEGINNING at a point on the south side of "E" Street at corner of
lot of Creedon D. Cleland et UXi thence southwardly along the
6. Barbara P. Barrett, the Grantor referred to in
said lot 149.4 feet to a point on the north side of a 12 foot
right-of-way; thence northeastwardly along said right-of-way 51
feet to a point on line of lot of George E. Bartges et ux; thence
northwardly along the latter lot 139.3 feet to a point on the
south side of "E" Street; thence westwardly along said "E" Street
50 feet to the place of BEGINNING.
IT BEING Lot No. 8 on a plan of lots laid out and adopted by
George E. Kutz and Annie L. Kutz, his wife, which plan is
recorded in the Office of the Recorder of Deeds in and for
cumberland County in Plan Book 2, Page 72.
NOW KNOWN and numbered as 70 E Street, Carlisle, Pennsylvania.
5. Plaintiff acquired title to the property by virtue of a
deed from Barbara P. Barrett, widow, and the Plaintiff's mother
dated September 30, 1992, and recorded May 7, 1993, in Deed Book
"G", Volume 36, Page 725, conveying to Plaintiff Fee Simple Title
to said premises.
Paragraph 5 above purchased the property along with her Husband,
John B. Barrett, from the Estate of Orca Z. Cleland by Deed dated
July 26, 1974, and recorded May 2, 1979, in Deed Book "K", Volume
28, Page 84.
7. On July 21, 1980, John B. Barrett and Barbara P.
Barrett entered into a mortgage secured by the premises at 70 E
Street, Carlisle, Pennsylvania with Masterguard, Inc. as
mortgagee requiring total payments in the amount of $7,606.80.
This mortgage was recorded in Mortgage Book 692, Page 256 and a
copy thereof is marked Exhibit "A" attached hereto and made a
part hereof.
8. It is believed and therefore averred that subsequent to
the execution of the mortgage by John B. Barrett and Barbara P.
Barrett to Masterguard, Inc., Masterguard assigned the mortgage
and the payments to be mnde thereunder to Provident National
Bank. See Exhibit "E" attached hereto and made a part hereof.
9. No formal assignment of the mortgage by Masterguard,
Inc. to Provident National Bank was ever filed of record in the
Office of the Recorder of Deeds and no formal assignment can be
found in Provident's records for purposes of recording. See
Exhibit "E" attached hereto and made a part hereof.
10. Following the execution of the mortgage by John B.
Barrett and Barbara P. Barrett to Masterguard, John B. Barrett
and Barbara P. Barrett made all payments due under the terms of
the mortgage to Provident.
11. John B. Barrett died May 10, 1984, thereby vesting full
fee simple title in his wife, Barbara P. Barrett.
12. At the time of the death of John B. Barrett, he was an
insured debtor through a certificate of insurance with the Old
Republic Life Insurance Company with Provident National Bank
named as the creditor policy holder in an amount sufficient to
payoff the balance of the mortgage previously given to
Masterguard, and presumably assigned to Provident. See Exhibit
"H" attached hereto and made a part hereof.
13. As a result of the death of John B. Barrett and the
certificate of insurance referred to in Paragraph 12, the balance
due on the outstanding mortgage previously given to Masterguard,
and presumably assigned to Provident was paid in full to
Provident. See Exhibits "B" through "G" inclusive attached
hereto and made a part hereof.
14. Provident acknowledges that the mortgage referred to
herein has been paid in full and has further acknowledged a
willingness to satisfy said mortgage but cannot do so because
they are not the mortgagee of record nor has a formal assignment
of the mortgage ever been recorded. See Exhibits "B" through "G"
inclusive attached hereto and made a part hereof.
15. Masterguard, the mortgagee of record, appears to be out
of business and no longer a viable corporation and it has been
impossible to find an officer of the corporation either
authorized or willing to execute the necessary papers to satisfy
of record the mortgage referred to herein or otherwise execute an
assignment to Provident for Provident's satisfaction thereof.
See the Affidavit of Good Faith Investigation filed concurrently
herewith and made a part hereof.
16. At the time the Plaintiff, Cheryl L. Shultz, acquired
title to the premises at 70 E Street, Carlisle, Pennsylvania from
her Mother, Barbara P. Barrett, she obtained title subject to the
outstanding mortgage to Masterguard/Provident and agreed to be
responsible for obtaining the satisfaction of said mortgage.
17. By a Deed dated May 7, 1993, and recorded May 7, 1993,
in Deed Book "G", Volume 36, Page 727, Cheryl L. Shultz joined by
Robert L. Shultz, her Husband, conveyed the premises at 70 E
Street, Carlisle, Pennsylvania to James A. Bistline and Lucy S.
Bistline, his Wife.
18. At the time of the conveyance of the premises referred
to herein to Bistline as set forth in Paragraph 17 immediately
above, Cheryl L. Shultz assumed responsibility for obtaining the
satisfaction of the mortgage previously given to
Masterguard/Provident.
19. As a result of the failure of Masterguard to properly
assign the mortgage referred to herein to Provident, or as a
result of Provident failing to file an assignment of the mortgage
from Masterguard, and as a result of the inability to locate
Defendant Masterguard or any of its officers, the Plaintiff has
been unable to obtain the satisfaction of the mortgage of record
and although paid in full, the mortgage creates a cloud upon the
title to the property at 70 E Street, Carlisle, Pennsylvania.
WHEREFORE, Plaintiff respectfully requests your Honorable
Court to enter an order granting the following relief:
1. Ordering and directing that the mortgage referred to
herein be marked satisfied of record;
2. Ordering and directing that the Recorder of Deeds of
cumberland County enter satisfaction of the mortgage recorded in
the Office of the Recorder of Deeds in and for Cumberland County
in Mortgage Book 692, Page 256; and
3. Granting to Plaintiff such other relief as is necessary
and proper in order to remove the cloud
itle.
nson
or the Plaintiff
ret Street
16453
I verify that the statements made in the foregoing Complaint
are true and correct to the best of my information and belief.
The undersigned understands that the statements herein are made
subject to the penalties of Pa. C.S. ~ 4904, relating to unsworn
falsification to authorities.
DATE:
3- 15' C;(j
_~b~
Cher . Shultz
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EXHIBIT "A"
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S3SIVHlId JO NOI.tdIlI:lS"Cl
Stephen B. Lipson, Esquire
Step!..n B. Upeon
AlIumo] .1 Law
31 W.., High SIr..'
Ca,li.I., P.nn.]I..ni. 17013
(717) 249.3929
May 17, 1984
Hr. Ken Kaiser
Provident National Bank
P,O, Box 7678
Philadelphia, Pennsylvania 19101
RE: John B, and B. 'Pauline Barrett
Account No, 01-0877386
Dur Hr, Kaiser:
Please be advised that I represent Mrs. Barrett with regard to her
indebtedness on the above-referenced agreement. Following discussions
between yourself and Mrs, Barrett, and then between ~r. Yegen and myself,
my client and I still have not been advised whether credit life insurance
waa in full force and etfect at the time of the death of Hr. John B,
Bsrrett. Because the Bsrretts had paid $780,00 in February of 1984 to
your institution in order to reinstate the loan and satisfy the delinquency
on same, it is our position that said insurance should have been in force.
In any event, please forwsrd to me for my review a copy of the loan
agreement and other pertinent documents, including any inaurance "certificate".
I have enclosed with this letter a death certificate so that Mrs. Barrett's
claim for credit life insurance proceeds may be proceaaed,
Thank you for your prompt attention to these matters,
Sincerely,
SBL/ j 1
Enclosure
cc: B. Pauline Barrett
James Yegen
EXHIBIT "B"
(, .
e l"JDl:rtt9..Yot9LE!I"12o SOUT'" 11TH ST Rt f. 12151 585,!.OOOlREPL Y TO P,O BOX 764B, PHILADELPHIA. PA 19101
July 12, 1984
Stephen Lipson, Esquire
9 Irvine Row
Carlisle, Pa, 17013
Re: John B, Barrett, Deceased
B, Pauline Barrett
Acct, '950-877-386
'.
Dear Steve:
.
Per our telephone conversation of July 11, 1984, I have
advised you that we have marked the above account paid
in full,
I will contact Masterguard, Inc, and find out how we can
satisfy the mortgage on the above loan" When;,the mortgage is
satisfied, I will forward the mortgage and note to your
attention,
Sincerely,
/~~~
K~~:A, Kail$r
Senior Banking Officer
KAK/ppp
cc: File
EXHIBIT "e"
STEPHEN B. LIpSON
ATTURNIY AT I,A\ll'
9 IRVINf RlI\ll'
~ARLISLE, PtiNNSYI.VANIA 17UI)
(717) l4H'129
April 1, 1985
Mr. Ken Kaiser
Provident National Bank
P.O. Box 7648
Philadelphia, PA 19101
RE: John B, and 8, Paulino Barrett
Account No. 950-877-386
Dear Ken:
Last summer you advised me that the above-referenced
account had been paid in full and that you would have
Masterguard, Inc. !'aliRfy the 'nart",)ql', lI()w(~ver, to date
the mortgage has not been satisfied, dBupite the fact that a
corpurate ofEic(!r lloos live i.1l the H,irrislJurq arell, P.lca~1t'
forward the apprul'l"i,<Itr, l'latiflr...l:l.illll p.I!>l'I''; t'~l MJ'. Paul
Sponsler or anothel' ilPlJrt'pl-iate C;lJqHJrnt.l' ofCicur with
instructions that thi~ satisfaction is to be filed as soon
as poss.i.ble,
Thank ,You for your .:lttentinn to this matter,
Sincerely,
..
Stephen ll, Li.pson, Esq~iro
51\1,/.11
COI 8, Pauline Barrett
"
EXHIBIT "0"
f~1R~v~D~'tq~tJ1~~1:" "
.1~ 1"" ','t~tl' ;.'.. (;i1.;rjll!(J.I~'''~.'''' f,.,I'O bO)( "601ij ;'HlL,\O'.l.rJl-1l,'. P^ 'fJl()l
May 8, 1985
Masterguard Inc,
4601 Locust Lane
Harrisburg, PA 17109
Attnl paul Sponsler
RE: John B, ~ Barbara P. Barrett
Acct. #950-877-386
Dear Mr. Sponsler:
"
The above captioned loan was paid in full on April 24,1984,
but the collateral mortgage that was held as s~curity has not
yet been satisfied. While Provident had financed this deal and
held the collateral mortgage, it was never assigned to us for-
mally, Attached is a copy of a property search, dated June 10,1983
s:1Q~'ing Masterguard Inc, as the mortgagee.
Enclosed are the appropriate satisfaction papers and the
original collateral mortgage. would you kindly expedite the
satisfaction of this mortgage,
Sincerely,
q,..., /1 ,/1
...-J j.,t- ,,,vi c>( / /
Gerald p, Kishel
Banking Officer
Manager, Asset Reclamation Dept,
j 2~'JJ
GPK/rab
Enclosures
CCI Stephen B. Lipson
Barbara P. Barrett
EXHIBIT "E"
fi't~D~~q!t9~!l,(? SOUl" 17TH SIRE',' ,,'" 5e5'~OOmfOLV TO PO BOX 7648, PHILAOELP>"A PA 10101
May 8, 1985
Stephen B. Lipson, Esquire
9 Irvine Row
Carlisle, Penna. 17013
REI John B, & Barbara P. Barrett
Acct, # 950877386
Dear Mr. Lipson:
Attached is a letter directed to Mr, Paul Sponsler,
regarding the ahove captioned loan and satisfaction of the
collateral mortgage,
Please accept our apologies for the delay in this matter,
As manager I have assumed the duties of this department as of
February 1, 1985 and have had a large back log of work to catch
up on.
Unfortunately, Mr, Kenneth Kaiser died of Cancer last fall
and the work just backed up for several months.
Again, please excuse the delay and I hope that this will
be resolved as quiCkly as possible and to the satisfaction of all
~arties involved,
];:;i; f /2::11
Gerald P. Kishel
Banking Officer
Manager, Asset Reclamation Dept.
GPK/rab
Attachment
cc: Barbara P. Barrett
Paul Sponsler
EXHIBIT "P"
PROVIDENT NATIONAL BANK
~
!'
~
~
An .lflll.., of '~C II~A"CIAl COR'
120 South 17th Streel
Reply To:
p.o. Box 7648
Philadelphll, fl'. 19101
"--'-'~- .-----.-..... ...
215.585.5000
1
September 4, 1985
Steve Lipson, Esquire
9 Irvine Row
Carlisle, Pa, 17013
Re: John & Pauline Barrett
Acct, #950-877-386
Dear Mr, Lips"n:
As per our conversation, attached is the original collateral
mortgage on the Barrett's property at 70 "E" St; in Carlisle.
Since the debt has been'satisfied over a year ago, I see no
need for us to retain the document, especially since it was
never really assigned to us in the first place,
If we can be of further assistance, please let us know,
.
~YO~~s1'1:JJ
Gerald p, Kishel
Manager, Asset Reclemation Dept.
GPK!ppp
cc: File
enclosure
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EXHIBIT "G"
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l:llnn leA i" VI INSUIlM.;L:1.
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INSUIH:1l O~;UTOIl
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2020 7606.30 s 171.91 6U Mal
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ACCOUNT NO, eXP'RAT10~ OAfE AOE
0077106 7/5/P." 57 Vro,
MAXIMUM AMOUNT OF
,'F e '''SURANce
20,000.00
Wh.rI..r I p,rson,1 pronoun In th. mllculln. il UStd, II shl:llnch,d. th. C.mlr,,", lisa, unllS' Ihe contnl cl..rl~ .ndICaltl Ih.
contrary. IC mar. Ihln on. p.non IS nam.d IbOYf, Inlw.d O.b:o, Ih.1I m.ln th. nrsl pilson nam.d,
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Old HepulJlil: Life Insurance Company
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Ihl.'rt'111 C'JlJl'c1 the CumpallY)
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THIS IS TO CERTIFY thlt th. InILI.d D.blor n.med ;.n~\t' II insured <"hj..1 10 Ih. lI!nns and conc::,o.'1 "~ , (:. .'"c.
C"ditor,ll'btor Insuranc. Pollc)' iSlu.d 10 Ihe Cr.dilo, POllc> h :'1<,' ,.:' Ih., Comp"....,
AMOUNT O~' 1.1~'f. INSlJll,\NCf:- In",ol indebtedn.,.., II ,wd Iw,,,n, Is Ih., lulll amounl pl~lbl. (principal or Ihe loan ?llI'
prerompulfld ""anrl' rhargr,. to ttw Cfl'cli" . pf)I'nlll"'~" It:, I "1,, ,,'d n,-lItor
Tht. 1I1111i,1 arnulIlH or hh' Il\"~'ilr.c. ..r'l. tl'" ,~,..I; t .. I 1 .r, d .I,";:ur :'IIH' 1 11111 ,1~t'l::H'\\ ur lhl' 111il);,m:,111 ":~HJ,j" II.
Insuf8llct' ,tlu'lI in thl' ,rhl'dull'. wllld"'\1 r 1\ I,...., Th\'rl';lf:'I'r ':...w;.:,' '1(' It>rrn o( la" IIlSUfill1l.'\'. the amount ur hr~ inlturunc,' shail lJ\'
lh. amounl "tllch iio LlIl' ~n'alt'r or tfh' IlI\lih'd l)f>b:or's lal U;hl"lull.t1 j"dt'bt('dnf's\,lIr (bJ 8ctuallndrbtednf'u fPducer1 b\' i\~ ~m(}~I"~
(lr all Ins\llIml!n\5 on the Indebttdn\'u '"hu:h arP ",ph' thiS" tl\'; munlhs o\t:~..!u€:' unlns lhe iniLlallndL'bh'UI1l15S l''''ll'I'd' :1'1'
mlXlmum Imount oC liCe insurlnce shown," Ihe schedule, If l~' ",,!,.! tndebtedo<'" exceedl the mexlmum amounl oC liCe Ir.lu,""r',
th. Imount oC liCe Insurlner will be the .mounl oC la, 01 II ,..", '.H'r II i"""", ",,,:::plltd b~ the ratio wr,lCh nO' ~';,\
amounl oC IIC, Insu,"nce bean 10 th. 100ti.: ,ndebtl'dnell,
Ir IIrr Insurancl' is issul..'d 10 tht' In\l:rl'rl Df'btor unflt'r o"r or r'"'ore c('rtlrir.;'I:~~ In ('XCI''' or thr maximum 1!rni!ntln~. '\1,-1,
IImilation wliI nol hi' u,,'d tu dll:', "f ~_" t :::I~ 't.. \, ..,. . .. '"~;l:t' ,\n.j '11:\:'" I' c.,\'np;\n~ !~,,'t :I~ ",:". , '.., '.'
rrom lht t'rrHII',r dIll' ur Ihl" c~r..r.,..:,. !u h'r1\I~Jlt' lift' "~.;~oI:~~(> Ibut'd H: l'rrUr .r, ~xc"u or the ma>'lmum amOUI1~ o~ :I:'t
insurance alld reCulld Ihe inlurallr.' ch.'~I' .wd b> Ihe Iohll,.d !J.nto, Co, Ihe .xc.'., IoCe 1I11UranCe prOVided that the lo'ured Dehl'"
is aliv,' on the date thl:' exC'ess insurancL' 1$ tt'~mlnat~d,
SUICIDE EXCLUSION: U Ihe 10Iu,.r. U.blu, comolil, IU,<ld. "'thin one ".'., ICI.. tho eCC.cliv. dll' oC this cerl,n"a:r, '''"
Company's liability will be IimHl'd to 8 h,rll~d or ,..(' insur"r.('\' ..':a~;:.' :~:'IlC1 and all" j"".1f3r.C,' undc.>r this certificate 1\ h'r'l' ":1"';'
AGE LIMIT .\NO MISST,\,.f.\U-:NT Of' ,\(11-; IC Ihl' IIIIL".: :l, :'"" rom",I> "'Ied I'.., o~e Ind ",llIlll.,n a." bli >,.,1/. p' .,' c,
Ih, IrhNtuli'rl "uUurHy dAtil or Ihl' 1t\l'h:ht,',J1h'U. :h,. 'n'~lFat\I'" ~'t ','u"dtl' WIll b,' II~ (orrt' unless th. Insur.nct' rharlW IS rrrll"dj'r: It I
him \HUlln 60 (1a\', :dll'r lhe- t'~r"\!".,.,t :., ""\ n"... 1.1''': " In 'h., '>.:on"....lhj1I~\.1I nro,,!..in!',;~ 0\ I '" ,.",1 .,
1111~'ln:t'd h,s altl ';/ltl \\t1lnttill'l i'':' 'II \. ) 'jJf1': t\l:i, . .-:..r'l~ 'I,.!, nil ':I'h:I'~lIl1')), 1\0 l:h\,r,Il' t' \\t' Ill" 'J,
"l'fl'UI.dr'r ilml tlll' ('1I111'1i1ll) " Ilabl!,t ~ "Ill I..' IlInl~\'d to u r~ r.'i':: u: I ~., .n\urculn' ~ "JI!:\' P04ld (ur \III' iniUnllct..
H~::":Jo;FI(;I^HV, 1I('I1,.rll" pa)ahh' hth'.j"rln "","~II b,' p.wt tt, th,' l'~I.t1110r I'ohnl:nldl.r. nllrrt'vocablp Crrdltn~ n''''l'r'cln'\., '......
Intl'rp!lrh mlt)' "IIPl'iH. ullit Hi dln.,.tJun tCJ .t":. U( It' tJra!'.lfl o'f I") :':'\;1/1 illnUUlll ,. .l:! U" .llJplll'd 10 H'dm'I' ur l'\{':'h\l."I: I 'i. iT'~';,"I'
Opblorls indflbl~dn"u and any balancr n'n',a.nlne Uuorurtl'l '1111 'h' P.l,~ Iu thl:' i"C'o~'d bl"lwliriary named In thl' sct1\'d~;!(I rH ,r :1'1"" .
nlm.d or then Iivln~, 10 the Insu,ed Deblo" rllolo,
INCONTF:STo\BII.ITYc Th.. cerl.ncato ,11,111 b. ,"CO":"<la.',' a,',." IS hI> 1)(','" '" r",,,. IWO ~.'au durll1~ till' ":",,,,,, .': :",
1""urt'll Ikhlll' illld 1111 \1.11"111\'11' h."IlII~~ '" III..U",tlllll\ .':..!II" ,1"',11111'1111(.-'111'\ 'n~Ura"t'tl II1I'OI1''''(,'(ll)n "illt 1.4111".1, 11....:'. ""ul,
.lfl,'" 11.1'1"11"'111'1' 'lIl"'.., "01"\.1"'" I ".:.;, , " l, it' '1 'I.
TEIC_\'I~."II(J;\ '1I:Cllhllfbllll'..I.'hr )c"r:~.ld~t '~~"I" ~,~" ;iltldu~ltl, ,tlflln:\Jftl'l'ruilo~II:~tlililj'" lli"""~" ::,1'.
lilt' Ullgllllll ",nlUCll) uf Iht' IIlCh'bh'dllt'J' :', CUnnl'Ctlun \~l:h \\~ldl ,..,. II1suran(..t* 1\ l.rrl'C:UVl' which is thr I..'xpmltlon date ...hnw.,
lh(' scht'dul.. 12) on thl' dah' lhl- In~.Hl.t: :)I'htur'\ IIICt.b:1'11:.); :') :hl' C"recl~u~ I'oli\.... :wldl'r is dis('harCt>d ~~!.).lg\l i'''~1;'G~ ''',,,,
f\'n",wal, or rrril1anrH1g; or (3) (m lh,' dah ';. Il'ijal fl'POHl';'\ilJ'; ,'t"'l,' \nllateral i:1'ot.; as Sl'l'.Jfll)' rur thl" I nch.'OIl'd nt's,s.
If this Ct'rliriC3tp is lS!.ued In C'unlH'l.tIO~ wlth:\ ft'",..\\'tl Of'l f!;.''':'t'd indt>btl',io:t'S', Iht' (lrreC'L1\'~ dati' or IIlS'.Irar.n;u ': ;t:"I.t",
any pro~15ion5 or thr Group rolr('~ st,alll.t lh~ diltr on ., MI('r :Ilt' D\'::llOf lint bl't,lmt> Ill..url'd in cnnnl'ction with tt't' "<i( ..~( .l-'~.
to thl' r~tl'nl orlh.. amount and h'fln Il( \k.'~ Illd,'l'tedn,.\;; n"':':J!\~"'': on th., d.lt.. {\~ tht' rl'nrw,i1 or n'nnanclll~.
nEFl:~U: In ltw llnnt of It'rr~ :~,,: \'~ . ~"p. I',';,ra'. " ~~' .! ' "tdH'dulp~ ",aClOn'\' clat(1 or the in~(lh'I'r."I'r..,. 'tor ..t.,.',
PUr('U:l or 111\' Ilhur.lllu' <.IIM":t t "1,, . ',. ,~:)\ "r ~I.' ..,' ....1. :11 ~.: :dt'I:, '(I';ll tha: nu :l~' II 'J!.I~~l" . ,H,;, .\
rt'rUlldl'd .r I!ll' Intla'lnl'dlH'\) I) pft PoI,J 0, ~ n In ,d~ 1l,,,jfiJ~(., ;>~II':t'\'l'h dut' to I'w dl'atll or Ihe Insured Orbtnr, H_"blldi \\ !"
calculatt'd accotdlO& to thl' "nUlL' U( ':'6" h;r11ula ~\c('pt that ~() ~I':'~"':ct .....111 be I1Hl~t' ,r tht' amount is leu than S: ,00,
Old Hcpublic Life Insurance Compu:1}'
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CHERYL L. SHULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
MASTERGUARD, INC. and NO. 1275 CIVIL 1994
PROVIDENT NATIONAL BANK, Their:
Successors and Assigns, IN QUIET TITLE
Defendants
ORDER OP COURT
AND NOW, this
/"'.
J day of
, 1994,
1.......
upon consideration of the within motion and it appearing to the
Court that the Complaint filed in this action against Defendant
Provident National Bank, now PNC National Bank Association, was
served by the Sheriff of Philadelphia County on March 31, 1994,
and that Defendant Provident National Bank. now PNC Bank National
Association, has filed an Answer thereto requesting that the
Court enter satisfaction of the mortgage recorded in the Office
of the Recorder of Deeds in and for Cumberland County in Mortgage
Book 692, Page 256, which was the relief Plaintiff requested in
the Complaint filed in this action, and it appearing to the Court
that the Complaint filed in this action against Defendant
Masterguard. Inc., was served by publication pursuant to this
Court's Order of March 16, 1994, and that the Defendant
Masterguard, Inc., has not filed an answer after being given due
notice to do so,
IT IS HEREBY ORDERED AND DECREED that the Defendant,
Provident National Bank, now PNC Bank National Association, shall
be forever barred from asserting any right, lien, title or
interest in the premises previously owned by the Plaintiff known
I>
_..,..,; c.~
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JUN /3
/ 02 f'Ij '9~
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as 70 E Street, Carlisle, Cumberland County, Pennsylvania, and
more particularly described in the Complaint to Quiet Title filed
in this action inconsistent with the interest or claim of the
Plaintiff, her heirs and assigns, as set forth in her Complaint,
and
IT IS HEREBY ORDERED AND DECREED that the Defendant,
Masterguard, Inc., shall be forever barred from asserting any
right, lien, title or interest in the premises previously owned
by the Plaintiff known as 70 E Street, Carlisle, Cumberland
County, Pennsylvania, and more particularly described in the
Complaint to Quiet Title filed in this action inconsistent with
the interest or claim of the Plaintiff, her heirs and assigns, as
set forth in her Complaint unless the Defendant Masterguard,
Inc., commences a mortgage foreclosure action to enforce the lien
of the mortgage described in the Complaint filed in this action
within thirty (30) days from the date of publication by Plaintiff
of Notice of the Entry of this Order. If such action is not
taken within said 30-day period, the Prothonotary on Praecipe of
the Plaintiff shall enter final judgment directing the Recorder
of Deeds of Cumberland County to enter satisfaction of the
mortgage from John B. Barrett and Barbara P. Barrett to
Masterguard, Inc., recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Mortgage Book 692, Page
256, upon tender to the Recorder of the proper satisfaction fee
for said mortgage.
IT IS FURTHER ORDERED AND DECREED that a true and correct
copy of this Order and the Final Judgment to be entered by the
Prothonotary shall be recorded in the Office of the Recorder of
Deeds in and for Cumberland County.
BY THE COURT:
.;4
J.
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CHERYL L. SHULTZ,
Plaintiff
MASTERGUARD, INC. and NO. 1275 CIVIL 1994
PROVIDENT NATIONAL BANK, Their:
Successors and Assigns, IN QUIET TITLE
Defendants
MOTION FOR ENTRY OF FINAL ORDER
AND NOW, comes Cheryl L. Shultz, Plaintiff, by and through
her attorneys, Andrews & Johnson by Ronald E. Johnson, Esq., and
moves Your Honorable Court as follows:
1. A Complaint to compel satisfaction of a mortgage was
filed on March 15, 1994, in the above-captioned action to Docket
Number 1275 Civil 1994, the allegations of said complaint being
incorporated herein by reference thereto as if fully set forth
herein.
2. Defendants named in said Complaint were Masterguard,
Inc., and Provident National Bank, now known as PNC Bank,
National Association.
3. Thereafter, pursuant to an Order of Court dated March
16, 1994, the Complaint was served on Masterguard, Inc., by
publication once in the Cumberland Law Journal on March 25, 1994,
and once in The Carlisle Sentinel on March 23, 1994. Proofs of
publication as aforesaid are attached hereto, made a part hereof,
and marked Exhibits A and B respectively.
4. The Complaint was served on Defendant Provident National
Bank, now PNC Bank National Association, on March 31, 1994, by
the Sheriff of Philadelphia County, all as more specifically set
forth in the Return of Service filed of record in this matter.
5. Since the date of publication of the Notice regarding
Defendant Masterguard, Inc., counsel has received no notice of
the filing of any responsive pleading or the entry of an
appearance by anyone on behalf of Defendant Masterguard, Inc.
6. Since the service of the Complaint on Defendant
Provident National Bank, now PNC Bank, National Association,
Defendant PNC Bank, National Association, formerly Provident
National Bank, filed a written Answer on April lB, 1994, wherein
said Defendant joined in Plaintiff's request that the Court enter
an order directing the Recorder of Deeds of cumberland County to
enter satisfaction of the mortgage recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Mortgage Book
692, Page 256, and requesting that no costs or other relief be
granted against said Defendant.
7. Attached hereto is the Affidavit of Plaintiff's counsel
attesting to the publication of the aforesaid notices regarding
Defendant Masterguard, Inc., and the failure of Defendant
Masterguard, Inc., to file an answer or otherwise contact
Plaintiff's counsel, said affidavit being attached hereto, made a
part hereof, and marked Exhibit C.
WHEREFORE, Plaintiff requests this Honorable Court to enter
an order granting the following relief:
A. Entering a final order forever barring the
Defendant Provident National Bank, now PNC Bank, National
Association, from asserting any right, lien, title or
interest in premises previously owned by Plaintiff known as
70 E Street, Carlisle, Cumberland County, Pennsylvania, and
more particularly described in the Complaint to Quiet Title
filed in this action, based on Defendant's Answer filed
herein and assessing no costs against said Defendant;
B. Entering an order that Defendant Masterguard, Inc.,
shall be forever barred from asserting any right, lien,
title or interest in premises previously owned by Plaintiff
known as 70 E Street, Carlisle, cumberland County,
Pennsylvania, and more particularly described in the
Complaint to Quiet Title filed in this action inconsistent
with the interest or claim of the Plaintiff, her heirs and
assigns, set forth in the Complaint unless the Defendant
Masterguard, Inc., commences a mortgage foreclosure action
to enforce the lien of the mortgage described in the
Complaint filed in this action within 30 days from the date
of publication by Plaintiff of notice of the entry of this
Order.
C. Entering an order that if Defendant Masterguard,
Inc., does not take such action within said 30-day period,
the Prothonotary on praecipe of the Plaintiff shall enter
final judgment directing the Recorder of Deeds of Cumberland
County to enter satisfaction of the mortgage from John B.
Barrett and Barbara P. Barrett to Masterguard, Inc.,
recorded in the Office of the Recorder of Deeds in and for
cumberland County in Mortgage Book 692, Page 256, upon
By
JOHNSON
tender to the Recorder of Deeds of the proper satisfaction
fee for said mortgage.
ANDREWS
ona d E.
Attorneys
78 W. Pomf et
Carlisle, PA 17013
(717) 243-0123
Supreme Court 10 No. 16453
.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, opproved May I', 1121I), P.L. 1714
STATE OF PENNSYLVANIA
8S.
COUNTY OF CUMBERLAND
ROGER M. MORGENTHAL, Esquire, Editor of the Cumberland Law Journal, of
the County and State aforesaid, being duly sworn, according to law, deposes and says
that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle
in the County and State aforesaid, was established January 2, 1952, and designated by
the local courts as the official legal periodical for the publication of all legal notices, and
has, since January 2, 1952, been regularly issued weekly in 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:
MARCH 25.1994
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.
Ro er M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
25th day of MARCH , 199...1...
lnn C^ { r i s-;'}'l'rn.-fd LkL
! Notary 1
NOTARIAL SEAL
MERLENE MARHEVKA. Nltary Pwllc
CarUII.. Curnberland Clunty. PL
My Cornrnllllon Elpl,.. 617/94
~.
,
EXHIBIT A
4
. '
KOTICI:
In thc Court or Common Plcu oC
cumberland Counly
ClvlI AcUon
No. 1275 Civil 1994
ChCl)'1 L. Shultz,
PIa1nurr
va.
Mulerguard. Inc. and PrcvIdcnl
Nauonal Bank, Their Su=aaors
and Aaalgns,
Defendants
TO: Maalerguard, Inc..ltasu=aaors
and aaalgna
NOnCE IS HEREBY OIVEN thsl
a complalnl hu been med In Ihc
Court oC Common PIca or Cumber-
land Counly with thc above eapUon:
In thc complalnlllls averred thai
ChCl)'1 L. Shultz aequlred prcmtaca
sl\uatc al70 E Streel. CarUalc. Cum.
berland County, Pcnnaylvanla by a
DccddatedScptcmber30.1992:thal
althc lImc oC conveyance. the prem-
taca wcrc encumbered by a mortgagc
granted by prior owncra In Ihc chain
oC UUc, John B. Barrell and Barbara
P. Barrell. his w1fc 10 Maaterguard.
Inc. In Ihc amounl of&7.606.80: thai
aa1d mortgagc was daled July 21.
1980 and rec:ordcd In thc Cumber-
land County RccordcrofDeeds omce
In Mortgagc Book 692, Pagc256: thai
said morlgagc wu Ihercaftcr as.
signed 10 Provldcnl NaUonal Bank,
paymcnta wcrc medc to Provldcnt
NaUonal Bank bul no formal assign-
menl of aald mortgagc was ever rc-
corded In Ihc Omce of thc Rccordcr
of Dceds for Cumberland Counly;
thai as a result of thc death of John
B. Barrell on May 10. 1964 and as a
result of Credll Wc Insurance being
,.
In elreetallhe lime of hta death. the
balance due on Ihc mortgalle wu
pald In rull 10 Provldenl NaUonal
Bank; lhal aa1d mortgage rcma1na
unaaUlftcd oC record and I. a doud
on Plalnwr. Utlc: Ihal aflcr dIDlIenl
ln'lulJy, Ihc whereabouI' of Defen.
danl. Ma.terguard.lne.. the mortp-
Ice of record, ta unknown: and Ihal
PlalnUlf prays thai Ihe Court talUC
an order dJrecUog the Recorder or
Deed. of Cumberland County 10 en.
ler aaU.CaeUon of Ihc mortgagc re-
corded In Mortga&e Book 692, Page
256.
NOTICE
If you wtah 10 ddend. you must
enler a wrllten appearance pcraon.
ally or by attorncy and mc your dc-
fenace or objccUons In wrlUog wllh
Ihe courL You arc warned thaltfyou
fall to do so the case may proceed
wllhoul you and aJudgmenl may be
enlered agalnsl you wlthoul further
noUce for thc rc1lef requesled by thc
Plalnlllr. You may losc money or
properly or other rights Important 10
you.
YOU SHOULD TAKE THIS NO-
TICE TO YOUR LAWYER AT ONCE.
IFYOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE. 00 TO OR
TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT
WHERE YOU CAN OET LEGAL HELP.
Court Admlnlatralor
4th Floor
Cumberland County CoUrthOUIC
Carlisle. PA 17013
Tdephone: (7171240-8200
Ronald E. Johnson. Esq.
Andrews o!l Johnaon
Supremc 1.0. '16453
AlIorncys for PlalnUlf
76 W. Pomftel Street
Carlisle, PA 17013
Phone: 17171243.0123
March 25
2
CUmberland Noll.....
Marian M. Welsh ofTHESENTINEL
.
of the County and Slale aforesaid, b'elng duly sworn. deposes and says that THE SENTINEL. a neWSDaDer of
general clrculallon In the Borough of Carlisle. County and Slale aforasald..was establ C"'SSIFlEO AOVE"T1SINO INVOICE
since whIch dale THE SENTINEL has been regularly Issued In said Counly. and that tI THE SENTINEL - LEGAL
publication attached hereto Is exactly the same as was pclnted Bnd published In the r 457 EAST NORTH STREET
THE SENTINEL on the following dates. vlz P. O. BOX 130
CARLISLE
PA
. .
State of PennsylvanIa,
County of Cumberland. ss:
Copy of Notice of Publication
:-u---
Public Notice. ..
IIllIIa
In Iht COurt of Comon PSeu of
Oumbaotand County
CIYI ActIon
No. 1276 CIYIIllV4
Chi'" L ShulIZ.
PIolnll"
VI.
Muttrguard, Inc. and
Provldenl N.1ionOI B......
Thek Succe..ora and Aulgnl,
Delendanla
TO: Mulerguard, Inc., tta lUc:cellOl'I and
IUigM
NOTIce 18 HeReBY OlnN Ihll. o.:mplalnl
has been fled In the Court 01 Common P.... or
Cumbeftand County with the above caption:
In the complaint It II 1....rrId lhal Cheryl L
Bhullz acquired prim'''' .l1uat. 1110 E
Street. Car1la1e. Cumblr1and County, Plnnayt.
vanla by II Ceed dated September 30. 1DVZ;
that tithe time 01 conveyance, lhe preml...
we,. encumbered by a mortgage granted by
priotowne,.. In the chain 01 UU.. John B. Bent"
and Barbar. P. Barritt, hi, wlf. 10 M..ter-
guard, Inc. In the amount 01 $1.806.80; thlt
Mid mortgagewald8lldJuly21,1980andre.
corded in Ihl Cumbertand County Aeco<<SIr of
Died. Olfiee In Mortgagh8 Book 692, pao-
258; that .eld mortgage waI therealter a..
aq,ed to Provldenl Nalional Bank, payment'
were made 10 Provtdent Nallonal Oank but nol
totmal asalgnmant 01 .aki mor1gage .a. evlr
recofded In Ihe ornel 01 the Recorder of Died.
for Cumbertand County; thal.a a ,.,un o,the
dealh 01 John B. Oanen on May 10 1084 and
.. a relult of Credit Ufe In.urance being In el.
teet at the time of his dealh, the balance due on
the mortgage WaI paid In luU to provktlnt Na.
Uonal Bank; IhallBld mortgage remajn. unut.
.fled 01 rlcord and" II doud on Plalntlff'ltltll;
thll In" diligent Inquiry. Ihl whlreabouts of
Oeftndanl. Ma.lef1JUard, Inc., tht mortgagee
01 record. is unknown; and thai Plalnutf pray.
thai the Courtltsue an ordar directing lhe Re-
corder 01 Oe,ds 01 Cumberland County to
enler saU.lactlon of the mortgage recorded 1n
Mortgage Book 692, Page 258.
I
HOTlCe
It you with 10 defend. you mus' .nter I written
appearance peraonaUy or by attorney and I~.
your delensel or objections in wntlnQ wtth lhe
c:ourt. You are .emed thalli you lal to do 10
the cue may proceed w"hout you and IlucSo.
m.nt may be entered agalnll you without tur-
Iher noHce lor Ihe rlll.f rlque,ted by Ihl
Plalntl". You may lOll money or property or
other rightllmponanllo you.
YOU SHOULD TAKE nilS NOnCE TOYOUR
LAWYER",T ONCE. IF YOU 00 NOT HAVE A
LAWYER OR CANNOT AFFORD ONE. GO
TO OR TELEPHONE TIlE OFFICE SET
FORTH BELOW 10 FINO OU1 WHERE YOU
CAN GET LEGAL HELP.
Court Admlnlttralor
.Ih Floor
Cumbertand County CourthoulI
Car1~', PA 170t3
Telephon.: (717) 240-G200
Ronald E. Johnson, Eaq.
Andrews & Johnson
8upremll.D. It6.tS3
AnomaYllor Plalnbtl
7tI W. Pomlrel Strut
Cartia$.. PA 17013
Phone: (717) 2.3-0123
I
PROOF OF_~U8L1CATIOll.
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17013
....III1.".L'II.........".. .....
INVOICE NO.
INODINa TEAM
START DATE
TELEPHONE NO.
March 23, 1994
Affiant further deposes that he is
the subject matter of the aforesal
advertisement, and that all allega
foregoing statement as to time, p
of publication are true.
PROOF" OF" P
S'c.hIJb Vf. J.
m~Ite..-9 "...
'AYTHIUIlOUNT .
Gross due after
??/at'd~~}( ~.l-61
( .
4/12/94
Sworn to and subscribed before me this
day of April .19 94
13th
..:5JLt.i.U LI (,
Ii
'})UiJl.l)}
Notary Public
My commission expIres:
Nct.1lO1 Sell!
SIil'c/O Ourn:n. NO'.n:y Publc
c.~.r!r':b f.!:y:, r.lJ~b0":tnd County
t,!yCo.w.: "-oJ., [>r':03 FOIl. 27.19-35
nos, ....~~~,+..~ll'~A:.~.:.lt1.."YI
EXHIBIT B
I
-
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MASTERGUARD, INC. and
PROVIDENT NATIONAL BANK,
Successors and Assigns,
Defendants
.
Their:
III THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. CIVIL 1994
IN QUIET TITLE
CHERYL L. SHULTZ,
Plaintiff
v.
APPIDAVIT OP PLAINTIPP'S COUNSEL
PURSUANT TO RULE 1066
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
Ronald E. Johnson, being duly sworn according to law deposes
and says that he caused to be published in the Cumberland Law
Journal on March 25, 1994, and in the Carlisle Sentinel on March
23, 1994, Notice to the Defendant Masterguard, Inc., of the
filing of the Complaint filed in the above-captioned action in
conformity with the order of court heretofore entered in this
matter and as evidenced by the Proofs of Publication attached to
the Motion for Entry of Final Judgment in this matter, and that
there has been no answer or responsive pleading filed on behalf
of Defendant Masterguard, Inc., nor has Plaintiff's counsel
otherwise been contacted by anyone on behalf of Master
Sworn and subscribed to before me
this /0 ~ day of June, 1994.
Inc.
~"rc~.. Y~L~
NOTARl4l SEAL
BRENDA L IlllEHM. NOTARY PUBUC EXHIBIT C
CARUSU 1lllflO. CUMBEJIlAHO COUNTY
MV COIIMISSIOH EXPIRES JAIlUARV 6. l!lll6
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CHERYL L. SHULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
MASTERGUARD, INC. and
PROVIDENT NATIONAL BANK,
Successors and Assigns,
Defendants
NO. 1275 CIVIL 1994
.
Their:
IN QUIET TITLE
ORDER OF COURT
AND NOW, this
I ~_. day of
1""-
1994, upon consideration of the within motion IT IS HEREBY
ORDERED AND DECREED that the Final Order entered in this matter
be served upon the Defendant Masterguard, Inc., by publication of
Notice of the Entry of said Order once in the Cumberland Law
Journal and once in The Sentinel, a newspaper of general
circulation in Cumberland County, Pennsylvania, and that the
Final Order entered in this matter be served upon the Defendant,
Provident National Bank, now PNC Bank National Association, by
sending a copy thereof by regular mail to the Defendant's
attorney of record, Darryl J. May, Esquire.
BY THE COURT:
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J.
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CHERYL L. SHULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
MASTERGUARD, INC. and NO. 1275 CIVIL 1994
PROVIDENT NATIONAL BANK, Their:
Successors and Assigns, IN QUIET TITLE
Defendants
MOTION FOR SERVICE OF FINAL ORDER
ON DEFENDANT PROVIDENT NATIONAL BANK
AND ON DEFENDANT MASTERGUARD. INC.. BY PUBLICATION
PURSUANT TO RULE 430 OF THE PENNSYLVANIA RULES
OF CIVIL PROCEDURE
AND NOW, comes the Plaintiff, by and through her attorneys,
Andrews & Johnson and Ronald E. Johnson, Esquire, and moves Your
Honorable Court as follows:
1. A Complaint to Quiet Title was filed in the above-
captioned action on March 15, 1994.
2. Accompanying said Complaint was a Motion Requesting
Service of said Complaint upon Defendant Masterguard, Inc., by
publication pursuant to Rule 430 of the Pennsylvania Rules of
Civil Procedure.
3. An Order of Court was entered March 16, 1994,
authorizing service of the Complaint upon Defendant Masterguard,
Inc., by publication.
4. Pursuant to said Order, the Complaint was served on
Defendant Masterguard, Inc., by publication once in the
Cumberland Law Journal on March 25, 1994, and once in The
Carlisle Sentinel on March 23, 1994, all as more specifically set
forth in Plaintiff's Motion for Entry of Final Judgment filed
herein.
5. Plaintiff's counsel avers that to the best of his
knowledge there has been no change in circumstances or any
~
additional information made available to Plaintiff or Plaintiff's
counsel which would allow Plaintiff to serve any further
pleadings or orders in this matter on Defendant Masterguard,
Inc., in any manner other than publication.
6. Plaintiff has filed with this Court a motion requesting
the entry of a final order in this matter and in order to serve
notice of the entry of said order upon the Defendant Masterguard,
Inc., Plaintiff must have notice of the entry of said order
served by publication.
7. The Complaint was served on Defendant Provident National
Bank, now PNC Bank National Association on March 31, 1994, by the
Sheriff of Philadelphia County and Defendant Provident National
Bank through its counsel has filed an Answer to said Complaint.
WHEREFORE, Plaintiff moves Your Honorable Court to issue an
Order authorizing service on Defendant Masterguard, Inc., of the
Notice of the Entry of the Final Order of Court in this matter by
publication once in the Cumberland Law Journal and once in The
Sentinel, a newspaper of general circulation in the Cumberland
County, Pennsylvania area, and authorizing service on Defendant
Provident National Bank, now PNC Bank National Association, of
the Final Order of Court in this matter by sending a true copy
thereof by re9ular mail to the Defendant's attorney, Darryl J.
May, Esquire.
ANDREWS & JOHNSON
By:
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MASTERGUARD, INC. and
PROVIDENT NATIONAL BANK,
Successors and Assigns,
Defendants
.
Their:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.I:ll~ CIVIL 1994
CHERYL L. SHULTZ,
Plaintiff
v.
IN QUIET TITLE
ORDER OP COURT
.
AND NOW, to wit, this /~ day of
/'htJAd
1994, upon consideration of the within motion and affidavit, IT
IS HEREBY ORDERED AND DECREED that Plaintiff's Complaint in the
action to Quiet Title filed in the above referenced matter shall
be served upon the Defendant, Masterguard, Inc. by publication
once in the Cumberland Law Journal and once in The Sentinel, a
newspaper of general circulation in cumberland County,
Pennsylvania.
BY THE COURT: . I
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CHERYL L. SHULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1~7.!'" CIVIL 1994
v.
MASTERGUARD, INC. and
PROVIDENT NATIONAL BANK,
Successors and Assigns,
Defendants
.
Their:
IN QUIET TITLE
MOTION FOR ALLOWANCE OF SPECIAL SERVICE OF THE COMPLAINT
UPON MASTERGUARD. INC. PURSUANT TO Pa. R.C.P. No. 430
AND NOW, comes Andrews and Johnson by Ronald E. Johnson,
Esq. attorneys for the Plaintiff in the above captioned action
and moves your Honorable Court as follows:
1. Plaintiff has filed a Quiet Title Complaint in the
above captioned action and in said Complaint has averred that the
Plaintiff has no knowledge as to the whereabouts of Defendant,
Masterguard, Inc;
2. Attached hereto as Exhibit "A" is an Affidavit of Good
Faith Investigation conducted by Plaintiff's counsel to ascertain
the whereabouts of the Defendant, Masterguard, Inc. which sets
forth the nature and extend of counsel's inquiry regarding the
whereabouts of said Defendant;
3. After diligent inquiry as noted in the Affidavit of
Plaintiff counsel's, Plaintiff has no knowledge as to the present
whereabouts of the Defendant, Masterguard, Inc. or for that
matter whether Masterguard. Inc. is even a viable corporation at
this time;
.
WHBREPORB, Plaintiff moves your Honorable Court for leave to
effect service of the Complaint upon the Defendant, Masterguard,
Inc. by publication once in the Cumberland Law Journal and once
in The Sentinel all as pursuant to C.C.R.P. 1066-3.
Plaintiff
16453
CHERYL L. SHULTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
MASTERGUARD, INC. and NO. 1~,rCIVIL 1994
PROVIDENT NATIONAL BANK, Their:
Successors and Assigns, IN QUIET TITLE
Defendants
APPIDAVIT OP GOOD PAITH INVESTIGATION
MADE BY PLAINTIPP'S COUNSEL TO ASCERTAIN
THE PRESENT WHEREABOUTS OP DEPENDANT. MASTERGUARD. INC.
PURSUANT TO Pa. R.C.P. No. 430
COMMONWEALTH OF PENNSYLVANIA)
ss.
COUNTY OF CUMBERLAND
Personally appeared before me, a Notary Public in and for
said Commonwealth, Ronald E. Johnson, Esquire attorney for
Plaintiff in the above-captioned action, who, being duly sworn
according to law, deposes and states as follows:
1. That he is an Attorney-at-Law duly admitted to practice
before the Bar of the Supreme Court of Pennsylvania and that he
represents the Plaintiff in the above captioned action;
2. That on or about August 13, 1993, Plaintiff's counsel
spoke by telephone to Paul A. Sponsler who resides at 1750 Paxton
Church Road, Harrisburg, Pennsylvania;
3. That Mr. Sponsler indicated in that telephone
conversation that at one time he did have an association with
Masterguard, Inc. either as its President or Vice President but
was unable to remember exactly which officer he may have been;
4. That approximately ten (10) years ago he and an
individual by the name of Michael Wagner who was also involved in
EXHIBIT "A"
the business sold their interest in the business to L. B. Smith
and since that time, Mr. Sponsler has had no association with
Masterguard, Inc. or any real knowledge thereof;
5. That Mr. Sponsler had no knowledge as to where Michael
Wagner may be located nor could he remember the name of the
accountant for the cooperation;
6. That to Mr. Sponsler's knowledge L. B. Smith had moved
to Daytona, Florida but that he had not had any contact with him
for some period of time;
7. That Plaintiff's counsel, through his secretary,
checked the telephone listings for an L. B. Smith in Daytona,
Florida and did obtain a phone number for an L. B. Smith in
Daytona, Florida.
8. That Plaintiff's counsel, after repeated attempts,
finally contacted a woman at the number previously provided for
L. B. Smith but Plaintiff's counsel was advised that there was no
one at that number who had any contact whatsoever with
Masterguard, Inc.;
9. That Plaintiff's counsel obtained a record search from
the Pennsylvania Department of State Cooperation Bureau regarding
Masterguard, Inc., a copy of which is attached hereto and made a
part hereof;
10. That as a result of the record search referred to
above, Plaintiff's counsel received information that Masterguard,
Inc. was incorporated on May 12, 1978, with an address at 4601
Locust Lane, Harrisburg, Dauphin County, Pennsylvania 17112;
11. That said record search further indicated that nothing
was on file with the Cooperation Bureau regarding the corporate
officers of said corporation nor a mailing address for said
corporation;
12. That Masterguard, Inc. is not now located at 4601
Locust Lane, Harrisburg, Pennsylvania;
13. That Plaintiff's counsel reviewed the November, 1992
Cross Reference Directory for the Greater Harrisburg area and
Masterguard, Inc. was not listed at the address of 4601 Locust
Lane, Harrisburg, Pennsylvania as set forth in said directory;
14. That Plaintiff's counsel has reviewed the Bell of
Pennsylvania Telephone Directory for the Harrisburg Metropolitan
area for the years 1991 to 1992 and 1993 to 1994 and has found no
listing for Masterguard, Inc. either in the white pages or the
yellow pages;
15. That Plaintiff's counsel has reviewed several recent
Donnelly Directory's for the Harrisburg/Hershey/Carlisle area and
has found no listing for Masterguard, Inc.;
16. That Plaintiff's counsel telephoned the United States
Postal Service, Harrisburg Office, and they were unable to
provide to Plaintiff's counsel an address for Masterguard, Inc.
17. That Plaintiff's counsel has called telephone directory
assistance for the Harrisburg area and was advised that there was
no telephone listing for Masterguard, Inc.
B
onald E. nson
Attorney or the Plaintiff
78 W. Po ret Street
Carlisle, PA 17013
(717) 243-0123
Supreme Court 10 No. 16453
Sworn and subscribed to before me this
/S.!:Co day of '777cudC 1994.
7Gu,,,cl".., y~ L.,__
Notary Public
NOTARIAL SEAL
BIIENOA L. BREHM. NOTARV PUBUC
CARUSLE 1lORO. CUMBERlAND COUNTY
MY COMMISSION EXPlRfS oWlUARV 6. 1996
f-.'-.
PENNSYLVANIA DEPARTMENT OF STATE
CORPORATION BUREAU
ROOM 308 NORTH OFFICE BUILOING
P.O, BOX 8722
HARRISBURG, PA 17105-8722
(717) 787-1057
R E COR 0
SEA R C H
SEPTEMBER 01, 1993
.
EXAMINATION OF THE INDICES IN THE DEPARTMENT OF STATE ON THE ABOVE
DATE SHOWS A PENNSYLVANIA BUSINESS CORPORATION WAS FILED ON
HAY 12, 1978 ENTITLED:
HASTERGUARD, INC.
ENTITY 110666328
WITH ADDRESS AT: 4601 LOCUST LANE
HBG, (DAUPHIN COUNTY), PA 17112
CORPORATE OFFICERS ON RECORD ARE:
nnn NOT ON FILE nhn
HAILING ADDRESS IS: nnn NOT ON FILE nnn
THIS IS A SUBSISTING ASSOCIATION.
cbJL a,~~.~=
CHARLES A, OTTAVIANO, DIRECTOR
CORPORATION BUREAU
RONALD E JOHNSON ESQ
10 S COURTHOUSE AVE
CARLISLE, PA 17013
10
JKIR
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PENNSYLVANIA OEPARTMENT OF STATE 11
CORPORATION BUREAU
ROOM 308 NORTH OFFICE BUILDING
P.O. BOX 8722
HARRISBURG, PA 17105-8722
(717) 787-1057
PAGE 2
R E COR D
SEA R C H
SEPTEMBER 01, 1993
.
IN RE: 0666328
MASTERGUARD, INC,
INSTRUMENT HISTORY:
DATE
05-12-1978
05-12-1978
MICROFILM
7821/0315-0000
7821/0317-0000
TYPE or CHANGE AND COMMENTS
ARTICLES OF INCORPORATION-BUSINESS
CERTIFICATE OF INCORPORATION
nnnnn END OF HISTORY INFORMATION nnnnn
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CHERYL L, SHULTZ,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY
v.
CIVIL ACTION - LAW
NO. 1275 CIVIL 1994
MASTERGUARD, INC. and
PROVIDENT NATIONAL BANK,
Their Successors and
Assigns
IN QUIET TITLE
Defendants
ANSWER OF DEFENDANT PNC BANK, NATIONAL
ASSOCIATION. FORMERLY PROVIDENT NATIONAL BANK
Defendant PNC Bank, National Association, fOfmerly Provident National Bank,
without admitting or denying the factual alIegations contained in the numbefed paragraphs of
the Complaint, hereby states its agreement with plaintifrs request that an order be entered
directing that the Recorder of Deeds of Cumbefland County enter satisfaction of the
mOl1gage recorded in the Office of the ReCOfder of Deeds in and for Cumberland County in
MOl1gage Book 692, page 256, without any costs or other relief entered against PNC Bank,
National Association.
WHEREFORE, Defendant PNC Bank, National Association, respectfulIy requests that
the court enter an Order:
1. Directing that the Recofder of Deeds of Cumberland County enter satisfaction
of the mol1gage (a copy of which is attached as Exhibit A to the complaint) recorded in the
Office of the Recorder of Deeds in and for Cumberland County in MOl1gage Book 692, page
256j and
- .....
2. Granting Illl costs or other relief as against defendant PNC Bank, National
Association.
~C)l~
Land Title Building - 2nd Floor
Broad and Chestnut Streets
Philadelp!:ia, PA 19101
(215) 585-8879
Supreme Court ID #35916
Attorney for Defendant
PNC Bank, National Association,
formerly Provident National Bank
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SHERIFF'S RETURN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
In the Court of Common Plea6 of
Cumberland County, Pennsylvnaia
No. 1275 Civil Term, 1994
Complaint to Compel Satisfact~on
of Mortgage and Notice
Cheryl L. Shultz
VS
Masterguard Inc. and Provident National Bank
Their Successors and Assigns
SERVE: Provident National Bank
R. THOMAS KLINE, Sheriff, who being duly sworn according to law,
says, that he made diligent search and inquiry for the within named
defendant, to wit:
Provident National Bank
but was unable to locate
them in his bailiwick. He therefore
deputized the sheriff of
Philadelphia
County, Pennsylvania,
to serve the within Complaint to Compel Satisfaction of
Mortgage and Notice
On
April 29, 1994
, this office was in receipt of
the attached return from
Philadelphia
County, Pennsylvania.
Sheriff's Costs:
Docketing
Out of County
Surcharge
Phila Co.
So answers: .
Sworn and
14.00
5.00
2.00
59.00
80.00 Pd. by Atty.
subscribed to before me
.'
"
'--/;_..-:-....~/ ,,/~ -t",I
,-. . /~
R~ THOMAS KLINE, Sheriff
4-29-94
this j r ~l day of 71'u...tj
19 r4-- , A J
'- _~oth(;notary
-
F-32771-94
..t.RI........ RETURN - SUMMONS/COMPL.AINT Complaint Quiet 'ri tle
,
COMMON PL.EAS NO,
COUNTY COURT
Cheryl L. Shultz
VERSUS
Provident National Bank
120 So. 17th Streets
philadelphia, Pennsylvania
TERM. 19
NO.
1275 Civ-1994
SERVED AND MADE KNOWN TO
Provident National Bank
o Defendant
>ciiPcDefendant Company
by handing a true and ottested copy ol the within So.m,".n-!Complaint, issued in the above captioned matter
on
March 31
/ 19
94
,at 11: OOo'clock, A
M., E.S.T./D.S.T.
~ Broad & Chestnut streets
, in the County ol Philodelphia,
State ol Pennsylvania, to
Ms. M. Parker. Customer Accountino
o (I) the aforesaid delendant, personalJy;
o (2) an adult member olthe family ol said defendant, with whom said defendant resides, who stated that
his/her relationship to said delendant is that of
o (3) an adult person in charge of delendant's residence; the said adult person having refused, upon re-
quest, to give his/her name and relationship to said defendant;
0(4)
~x(5)
0(6)
the manager/clerk olthe place ollodging in which said delendant resides;
ogent or person lor the time being in charge of delendant's ollice or usual place of business.
the
and oUicer of said delendant Company;
q.~e~,
So Answers, ". I
. ,
, .
SWO,)~ HI um SUC3G; :.
belo,e ne ll:isAPR 2 6 1994
01
sL
, I' <'0"", 0, ""7' "..II ,
1./ J./U~ l. tr/~~uT}-
By: 'Vi/oil binson{
/1('11U1)' Sb.,i/l
12.39 (Rev.
IeOOIIo Not.,ri..i/ SoaI
p,>l.~~l>.1Cf,.k, Not.'l1y PtAJI:
Myeoo ...PtIlf,"~1JI"'~
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Merrtxv fuj , 1
12.\17) , ~ llIoocl~
I -. Court or C.:mmo:1 pie:s .
- ...e. or
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:T.lery 1 L. Shultz
VS.
Provident National Ban'k
~o.
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I .... "-':'!'l"'n '....-..''! '-:-nC!y '1-"'1-
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1275 Ci~11 Tprm 1994 ~ ::____
:iow,
March 16, 1994
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r_ o-.a
CHERYL L. SHULTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
: CIVIL ACTION . LAW
: NO. 1275 CIVIL 1994
v.
MASTERGUARD, INC. and
PROVIDENT NATIONAL BANK,
Their Successors and Assigns,
Defendant
: IN QUIET TITLE
FINAL JUDGMENT
AND NOW, to wit, this
I~
day of August, 1994, upon Praecipe of the
Plaintiff, Plaintiffs Affidavit and the Prothonotary's Certification, and it appearing that the
Plaintiff has complied with the terms of the Order of this Court dated
June 13, 1994, and the Order of this Court dated June 15, 1994, Final Judgment is hereby
entered in favor of Plaintiff and against Defendants Masterguard, Inc., and Provident National
Bank, their successors and assigns. Accordingly, the Recorder of Deeds in and for
Cumberland County is hereby directed to enter satisfaction of the mortgage from John B.
Barrett and Barbara P. Barrett to Masterguard, Inc., recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Mortgage Book 692, Page 256, upon tender to the
Recorder of Deeds the proper satisfaction fees for said mortgage.
BY THE COURT:
:zf/-A .;,L
/
"The Defendant has failed to take the a~~ion directed."
J.
~/'-IJq~
Date
~1;\.'tbCl.'i'~ ~~.
Prothonot I
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. LAW
: NO. 1275 CIVIL 1994
CHERYL L. SHULTZ,
Plaintiff
MASTERGUARD, INC. and
PROVIDENT NATIONAL BANK.
Their Successors and Assigns,
Defendant
: IN QUIET TITLE
PRAECIPE FOR ENTRY OF FINAL JUDGMENT
TO THE PROTHONOTARY:
Please enter Final Judgment in captioned action in favor of Cheryl L. Shultz and against
Masterguard, Inc., for failure of said Defendant Masterguard, Inc., to initiate an action to
enforce the lien of the mortgage held by them and recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Mortgage Book 692, Page 256, and against Defendant
Provident National Bank, pursuant to the Ofder of Court dated June 13, 1994, entered in this
matter and direct the Recorder of Deeds of Cumberland County to enter satisfaction of said
mortgage upon tender to the Recorder of Deeds and proper satisfaction fees. The affidavit of
Plaintiffs counsel attesting to the failure of the Defendants to initiate action and proofs of
publication of notice of the entry of the Order of Court dated June 13, 1994, and pursuant to
the Order of Court dated June 15, 1994, are attached hereto as Exhibits A and B espectively.
,.-.-
CHERYL L. SHULTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
. .
: CIVIL ACfION - LAW
: NO. 1275 CIVIL 1994
v.
MASTERGUARD, INC. and
PROVIDENT NATIONAL BANK,
Their SucceSSOfS and Assigns,
Defendant
: IN QUIET TITLE
PROTHONOTARY'S CERTIFICATION
AND NOW, this /",J.. day of August, 1994, Lawfence E. Welker, the Prothonotary
of Cumberland County, do hereby certify that I have inspected the docket entries in captioned
action and that the Defendant Mastefguafd, Inc., has not entered an appearance, filed an
answer to the original complaint, nor commenced an action in mortgage foreclosure to enforce
the lien of its mortgage recorded in Mortgage Book 692, Page 256.
PROTHONOTARY
,ffL,,,.,. " E: ~.I'b", ,...:.
Lawrence E. We ker . ,
CHERYL L. SHULTZ,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 1275 CIVIL 1994
MASTERGUARD, INC. and
PROVIDENT NATIONAL BANK,
Their SUcctssors and Assigns,
Defendant
.
: IN QUIET TITLE
AFFIDAVIT OF FAILURE TO PLEAD
RONALD E. JOHNSON, ESQUIRE, Attorney for the Plaintiff in captioned action to
quiet title, being duly sworn according to law, deposes and says that he has not been served
with, nor does he have any knowledge of, any action being commenced in the Court of
Common Pleas of Cumberland County or any other jurisdiction by or on behalf of
Masterguard, Inc., their succeSSOfS and assigns, seeking to enforce the lien of the mortgage
described in the Complaint to Quiet Title filed herein, said mortgage being recorded in the
Office of the Recorder of Deeds in and for Cumberland County in Mortgage Book 692, Page
256; that Notice of the Entry of the Final Order in this matter dated June IS, 1994, was given
by publication thereof in the Cumberland County Law Journal on June 24, 1994, and in The
Sentinel on June 21, 1994; and that more than thifty (30) days have elapsed following the
publication of said notices.
Sworn and subscribed to before me
this 1st day of August, 1994.
-./2 l/?
~rrr.{"^, 0' ~fi..-
NOTARIAL SEAl
BRENDA L. BIlEHM. NOTARY PUBLIC
CARLISLE 110M. CUMBERlAND COUliTY
MY COMMISSION EXPIRES JANUARY 6. 1996
Proof of Publication of Notice in Cumberland Law
Journal
(Under Act No. 587, Approved May 16, 1929), P.L. 1784
State of Pennsylvania)
: SSe
County of Cumberland )
Roger M. Morgenthnl. 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 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: JUNE 24. 1994
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. ~
rli:te
Roger M. orgenthal
Sworn and subscribed before me
24 JUNE 94
this day of ~
~ .~ (t,i lLj-}\fl / (l ,d!t1-
--
,
NOTARIoILSEAL
IIEIUNE_EVlCA.-,PIIlIio
Ca/IIIt,QoDMlCoom.PL
C.'!1 . . .e-....
.
NonCE
In thc Courl or Common Pleas of
Cumberland Counly
Civil Aellon
No. 1275 Civil 1004
Cheryl L. Shull..
PlalnlllT
va.
Mallcrgnard, Inc. and
Provldenl Nallonal Bank.
their Successors and Assigns.
Defendonts
TO: Maalcrgunrd.lnc..lts8ucccssors
and assigns
NOTICE IS HEREBY GIVEN thnt
an Order DC Court wos entered on
Junc 15, 1994.lnlhc Conrt orCom.
mon Picas of Cumberland Counly
willi thc above eapllon wherein thc
said Maatergnard, Ine.. I\s Ineeca.
eora and assigns. shall be foreYer
barred Crom ....rllng any rtght.llen.
Utle or Interest In premises pre-
vtoulIlyowncd by the PlalnUffknown
.. 70 E Street. Carlllle. Cumberland
County. Pennsylvania, Inconsistent
with the tnlcreal orclnlltl arCheryl L.
Shultz. her heirs nnd/or nelgns. un..
Icso the saId Maslergnard. Ine.. lis
successors and assigns. commence n
mortgage foreclosure Bellon to en.
Coree the lien oC a ecrlaln mortgage
med In Ihe Recorder oC Deeds Oroce
In and for Cumberland Connty In
Morlgagc Book 692. Page 256 wllhln
thlrly 130) daYI or Ihe dale Dr pnbll.
eallon or Ihla Nollec or Entry oC anld
Court Order. If action Is nol Inkcn
wl\hln this 30.day period. Ihe Pro-
thonotary orCumbcrhlnd County on
Praecipe oC Ihe Plain lilT Is dlreeled to
enler final Jndgment dlrecllng Ihe
Recorder DC Deeds of Cumberland
County 10 cnter .aUaraelloR DC aald
morlgage. You arc IhereCore directed
to commence a mortgoge foreclosure
aellon to enrorce the lien or the mort-
gagc abovc noled wllhln Ihlrty (30)
days Cram Ihc dale DC pnblleallon of
Ihls Notlec or yon wiD be rorcvcr barred
from doing eo and anld morlgagc ahall
be lIuUlIned of record.
Ronald E. Johnson. Esq.
Andrews & Johnson
Supreme 1.0. MI 6453
Allorncya Cor Plalntlrr
78 W. PomCrelSlreel
CnrUlle. PA 17013
Phonc: 17\ 71243.0123
Jnnc 24
Cumberland Nollccl
1
.EROOF O~PU8L1CATION
'.
State of Pennsylvania,
County of Cumberland. ss:
. Marian M. Welsh of THE SENTINEL,
of the County and State afofesald, being duly sworn. deposes and says that THE SENTINEL, a newspaper of
general cIrculation In the Borough of Carlisle. County and State aforesaId, was established Decemb\lr 13th. 1881,
sInce whIch date THE SENTINEL has been regularly Issued In said County. and that the printed notice or
publication attached hereto Is exactly the same as was printed and published In the reular editions and Issues of
THE SENTINEL on the following dates, vlz
Copy of Notice of Publication
".
f
10
Public Notlc..
I
I
June 21. 1994
IIQIIl;I
In Illa Callrt 01 Common PIau 01
Cumbollancl Callnly
CIvI_
No. 1275CIvI 111114
C""~llhuItI,
Affiant further deposes that he Is not Interested In
the subject matter of the aforesaid notice or
advertisement, and that all allegations In the
foregoing statement as to time, place and character
of publication are true.
va.
:-~uanI, Inc. and
P NI__.
Tho~ Suc:ca1lOl1l and Aalgnl,
Oalandanll
-;lra-r.l~"
~p C:/rli
TO: Maaterguatd, Inc.. .. llIOONIOfa and
IUIgnI
NOTICI! 18 HEREBY GIVEN lhat an Ord.. 01
Court wa. ."tlred on June J.A. 1884. In thl
CourI 01 Common Pflu of Cumbtfland Coun-
ty with the abov. caption whlreln Ih. .ald
Multrguanl. Inc.. ItI auccellOfl and Hllgn..
Ihlll b. rorev.r blrred from ....r1lng any
rtght, nen. ua. or Inlt,.,. In premia.. prevtou..
IV owned by Iho Plalnun known "' 70 E Slree'.
eulllle, Cumbertand County, P'nnlYtvlnl8,
lncon,iII.nl with the In....... orc:lalm ol Chll)t
L. Shultz. her hm andlof 'Iligna. Unlellthe
..Id Mutlrguard. Inc.. Ita .uacu'ora and...
IJgnt, comm.nce I mortalg. fCWldolure .0-
UOn 10 .nforce the lI.n of . certain mortgage
_In the Recorda' 01 Ollela a_In and 10,
Cumbl"and caun~n Mortglgl Book 082,
Pogo 2SO wnhln th (30) clap olllla dl.e 01
publk:aUon a. Ihil No 01 Entry 01 Mid COurt
Order. If IctIon .. nol takln w)thln tN, >>day
r:riod. the Prothonotary 01 Cumberland Cou","
'f on Pr..clp. ollh. Plalntllf I, directed 10
Inler nnal Judgment directing thl Record.r 01
O,ed, 01 Cumbertlnd County to Inler uti,.
r,cllon 01 laid mortgage. You I,. th....for.
directed to commence I mortglgelcndolufW
acllon 10 In'orce the lien olthl mortg.g.
lbovl noted wllhf" thirty (30) dlY' hom thl
date of public.Uon of thil Nota Of you .1 be
10rlYIr bl"ld Irom doing 10 and eaJd mort.
11I11I_ be ..U.lledolrecord.
RDnIId E. JoluIaon. EIq.
Andrewa AJohneon
S_I.O.'11I413
_plor_
78W.Pomfrat_t
~ PA 17013
""""": (717\243-0123
7/7/94
Sworn to and subscribed before me this 8th
day of .Julv .19 94
&j~ O.~
Notary Public
My commission expires:
r-:ota""'~-"oI
SIWtey o. Olrrin. Na8lY Nlic
ClIIslo Ilcro. c..,~ iii Cco.r'fY
My C001YOl8liln Expills Feb. 27, 1995
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iIi"
CHERYL L. SHULTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
: CIVIL ACfION . LAW
: NO. 1275 CIVIL 1994
v.
MASTERGUARD, INC. and
PROVIDENT NATIONAL BANK,
Their Successors and Assigns,
Defendant
: IN QUIET TITLE
CERTIFICATE OF SERVICE
I hereby certify that on this date, J"'"un e
I ~ ,1994, I served the Final Order
of Court on pfovident National Bank, now PNC Bank National Association, by sending a copy
by U.S. Mail, postage prepaid, as follows:
Darryl J. May, Esq.
PNC Bank National Association
Land Title Buiding -- 2nd Floor
Broad & Chestnut Streets
Philadelphia, PA 19101
":>"
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DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
Plaintiff
v.
NORTH AMERICAN VAN LINES,
INC., BRIAN FRANCIS MURPHY
and COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATIONr
Defendants
,..
,
.
.
.
.
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:
.
.
CIVIL ACTION - LAW
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
NO. 1279 CIVIL 1994
.
.
NOTI:CE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within Twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff.
You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisler PA 17013
(717) 240-6200
. .
NOTleIA
LE HAlf DEMANDADO A USTED EN LA CORTE.
si usted quiere
defenderse de estas demandas expuestas en las paginas siguientesr
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted de be presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma
escrita sus defensas 0 sus objeciones alas demandas en contra de
su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrar una orden contra usted sin previo
aviso a notificacion y por cualquier queja 0 alivio que es pedido
en la peticion de demanda.
Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IHMEDIATAMENTE. 81 NO TIENE
ABOGADO 0 81 NO TIENE EL DINERO SUF1CIENTE DE PAGAR TAL SERVICI0,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA D1RECCI0N SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASlSTENCIA LEGAL.
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, PA 17013
(717) 240-6200
-2-
,
. .
DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
.
.
.
.
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
.
.
CIVIL ACTION - LAW
v.
.
.
.
.
NORTH AMERICAN VAN LINES,
INC., BRIAN FRANCIS MURPHY
and COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION,
Defendants
.
.
.
.
.
.
NO. 1279 CIVIL 1994
.
.
.
.
COMPLAINT
AND NOW, comes the plaintiff, Dianna Kay South, Executrix of
the Estate of Kevin Todd South, deceased, and avers the following
cause of action:
1. Plaintiff, Dianna Kay South, Executrix of the Estate of
Kevin Todd South, is an adult individual residing at 538 Second
Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant, North American Van Lines, Inc., is a
corporation organized and existing under the laws of the State of
Delaware, with a registered office in Pennsylvania at c/o C.T.
Corporation System, 123 South Broad street, Philadelphia,
Pennsylvania.
3. Defendant, Brian Francis Murphy is an adult individual
residing at 1804 South 30th street, Fort pierce, Florida 34947.
4. Defendant, Commonwealth of Pennsylvania, Department of
Transportation, is a government agency with an address of 1200
Transportation and Safety Building, Harrisburg, Dauphin County,
-3-
. .
Pennsylvania 17120.
5. At all relevant times hereto, Defendant Murphy was an
agent and/or employee of Defendant, North American Van Lines, Inc.,
acting in the course and within the scope of his employment.
6. On or about February 17, 1992, Plaintiff r s decedent Kevin
Todd South purchased a 1988 Kawasaki Ltd. 305CC motorcycle.
7. The events hereafter complained of occurred on or about
March 16, 1992 at approximately 5:54 p.m. on U.S. Route 11 in
Middlesex Township, Cumberland County, Pennsylvania in the vicinity
of the Gables Self Serve Plaza and the Best Western Motel. At said
location, u.s. Route 11 is a four lane highway.
8. On the aforesaid date, Defendant, North American Van
Lines, Inc. was the owner of a 1990 Freightliner tractor trailer.
9. At said time and place, Plaintiff's decedent, Kevin Todd
south, was operating the 1988 Kawasaki Ltd. 305CC motorcycle in the
left-hand land of the southbound portion of the said U.S. Route 11.
10. At said time and place, Defendant Murphy, was operating
the 1990 Freightliner tractor-trailer on behalf of the owner,
Defendant North American Van Lines, Inc.
11. At said time and place, Defendant Murphy was attempting
to enter U.S. Route 11 northbound from a business located on the
western berm of the said U.S. Route 11 by making a left-hand turn
through and across the southbound lanes of the said U.S. Route 11.
12. On the aforesaid date, Plaintiff's decedent, Kevin Todd
Southr was lawfully traveling southbound on U.S. Route 11 when
Defendant Murphy pulled from the driveway on the two lanes of U.s.
-4-
. .
Route 11 southbound directly into the path of the 1988 Kawasaki
motorcycle drive by Plaintiffrs decedent, Kevin Todd Southr in
Middlesex Township, Cumberland county, Pennsylvania.
13. On the aforesaid date and timer Defendant Murphy, entered
the southbound lanes of u.s. Route 11 failing to yield the right-
of-way and caused his vehicle to pull directly into the path of
decedent South's vehicle which was lawfully traveling in the
southbound lanes of u.S. Route 11 in Middlesex Township, Cumberland
county, Pennsylvania.
14. As a result of the aforesaid collision Plaintiff's
decedent, Kevin Todd South suffered damage to the 1988 Kawasaki
motorcycle in the amount of $1,670.00 and claim is made therefore.
15. As a result of the aforesaid collision, plaintiff's
decedent, Kevin Todd South suffered charges for towing and storage
charge in the amount of $425.00 and claim is made therefore.
COUNT I - PLAINTIPP V. NORTH AMERICAN VAN LINES. INC.
16. Plaintiff incorporates paragraphs 1-13 as though more
fully set forth herein.
17. The aforesaid collision was caused directly, proximately
and/or substantially by the negligence of Defendant, North American
Van Lines, Inc.'s driver, Murphy in the following particulars:
a. failing to yield the right-of-way to the
Plaintiff's decedent's vehicle;
b. crossing the roadway when it was not safe to do so;
c. entering the traffic stream when it was not safe to
do so;
-5-
. .
d. driving the vehicle at an unsafe speed for
conditions there and then existing;
e. driving the vehicle in careless disregard for the
safety of persons and property;
f. failing to have the vehicle under adequate control;
g. failing to be attentive to conditions then and
~here existing;
h. failing to operate the vehicle in a reasonable and
prudent manner under the conditions and
circumstances then and there existing;
i. in operating his vehicle in a reckless manner;
j. in failing to maintain a proper lookout;
k. in failing to stop immediately upon impact;
l. in failing to stop before colliding with the
vehicle being operated by plaintiffs' decedent;
m. in operating his motor vehicle in a manner which
was in violation of the laws of the Commonwealth of
Pennsylvania;
n. in operating his motor vehicle in a manner which
was in violation of the laws of the united states
of America;
o. otherwise failing to exercise due care under the
circumstances;
18. As a result of the aforesaid negligence and carelessness
of Defendant, North American Van Lines, Inc.'s driver Brian Francis
HurphYr Plaintiff's decedent sustained damage to the 1988 Kawasaki
-6-
'.
, .
motorcycle which required repairs in the amount of $lr670.00 and
claim is made therefore.
19. As a result of the aforesaid negligence and carelessness
of Defendantr North American Van Lines, Inc.'s driverr Brian
Francis Murphy, Plaintiff's decedent suffered charges for vehicle
towing and storage in the amount of $425.00 and claim is made
therefore.
WHEREFOREr plaintiff Dianna Kay South Executrix of the Estate
of Kevin Todd South demands judgment against the defendant in the
amount of $2,095.00 plus interest, costs of suit and damages for
delay. Said amount is within the limits of compulsory arbitration
of Cumberland County.
COUNT II - PLAINTIFP V. BRIAN PRANCIS MURPHY
20. Plaintiff incorporates paragraphs 1-19 as though more
fully set forth herein.
21. The aforesaid collision was caused directly, proximately
and/or substantially by the negligence of Defendant, driver, Brian
Francis Murphy in the following particulars:
a. failing to yield the right-of-way to the
Plaintiff's decedent's vehicle;
b. crossing the roadway when it was not safe to do so;
c. entering the traffic stream when it was not safe to
do so;
d. driving the vehicle at an unsafe speed for
conditions there and then existing;
e. driving the vehicle in careless disregard for the
-7-
,.
. .
safety of persons and property;
f. failing to have the vehicle under adequate control;
g. failing to be attentive to conditions then and
there existing;
h. failing to operate the vehicle in a reasonable and
prudent manner under the conditions and
circumstances then and there existing;
i. in operating his vehicle in a reckless manner;
j. in failing to maintain a proper lookout;
k. in failing to stop immediately upon impact;
l. in failing to stop before cOlliding with the
vehicle being operated by plaintiffs' decedent;
m. in operating his motor vehicle in a manner which
was in violation of the laws of the Commonwealth of
Pennsylvania;
n. in operating his motor vehicle in a manner which
was in violation of the laws of the United states
of America;
o. otherwise failing to exercise due care under the
circumstances;
22. As a result of the aforesaid negligence and carelessness
of driver Defendant, Brian Francis Murphy, Plaintiff's decedent
sustained damage to the 1988 Kawasaki motorcycle in the amount of
$1,670.00 and claim is made therefore.
23. As a result of the aforesaid negligence and carelessness
of Defendant, North American Van Lines, Inc. 's driver, Brian
-8-
, .
Francis Murphy, Plaintiff's decedent suffered charges for vehicle
towing and storage in the amount of $425.00 and claim is made
therefore.
WHEREFORE, plaintiff Dianna Kay South Executrix of the Estate
of Kevin Todd South demands judgment against the defendant in the
amount of $2r095.00 plus interest, costs of suit and damages for
delay. Said amount is within the limits of compulsory arbitration
of Cumberland County.
COUNT XXX - PLAXNTXFF V. COMMONWEALTH OF PENNSYLVANXA.
DEPARTMENT OF TRANSPORTATXON
24. Plaintiff incorporates paragraphs 1-23 as though more
fully set forth herein.
25. The aforesaid collision was caused directly, proximately
and/or substantially by the negligence of the Commonwealth of
Pennsylvania, Department of Transportation in the following
particulars:
a. failure to provide adequate signalization on a
state highway;
b. failing to provide lane dividing walls on a divided
highway;
c. failing to adequately construct a state highway;
d. failure to post safe speed limits on a state
highway.
26. As a result of the aforesaid negligence and carelessness
of driver Defendant, Commonwealth of Pennsylvania, Department of
Transportation, Plaintiff's decedent sustained damage to the 1988
-9-
. .
Kawasaki motorcycle in the amount of $1,670.00 and claim is made
therefore.
27. As a result of the aforesaid negligence and carelessness
of Defendant, Commonwealth of Pennsylvania, Department of
Transportation, Plaintiff's decedent suffered charges for vehicle
towing and storage in the amount of $425.00 and claim is made
therefore.
WHEREFOREr plaintiff Dianna Kay South Executrix of the Estate
of Kevin Todd South demands judgment against the defendant in the
amount of $2r095.00 plus interest, costs of suit and damages for
delay. Said amount is within the limits of compulsory arbitration
of Cumberland County.
Respectfully submitted,
METZGER, WICKERSHAMr KNAUSS & ERB
By
f.)~-,( l_
Steven P. "Miner, Esquire
Supreme Court 1.0. #38901
Karl R. Hildabrand, Esquire
Supreme Court 1.0. #30102
Mellon Bank Building
111 Market Street
P.O. Box 93
Harrisburg, PA 17108-0093
(717) 238-8187
-10-
, ,
VBRIPICATIOH
I, Dianna Kay South, Executrix of the Estate of Kevin
Todd South, Plaintiff in this matter, hereby certify that the facts
set forth in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief and further state that
false statements herein made are subject to the penalties of 18 Pa.
C.S. 54904 relating to
unsworn falsification to authorities.
~ &jJa
'f};/?) / #
Dianna ay' SOU€'h V
Date:
If'i!l )"?, 1994
-11-
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DIANNA KAY SOUTHr Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:
Plaintiff
.
.
.
.
.
.
.
.
CIVIL ACTION - LAW
v.
.
.
NORTH AMERICAN VAN LINES,
INC'r BRIAN FRANCIS MURPHY
and COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATIONr
Defendants
.
.
.
.
NO. 1279 CIVIL 1994
.
.
:
ACCEPTANCE OP SERVICE
I, Harvey Freedenberg, Esquire, authorized agent for North
American Van Lines, Inc., hereby accept service of the complaint of
Dianna Kay South, Executrix of the Estate of Kevin Todd South,
deceasedr on their behalf.
r ESQUIRE
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DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NORTH AMERICAN VAN LINES,
INC., BRIAN FRANCIS MURPHY
and COMMONWEALTH OF
PENNSYLVANIAr DEPARTMENT OF
TRANSPORTATION,
Defendants
* * * *
DIANA KAY SOUTHr Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
Plaintiff
v. 94-1279 CIVIL TERM
BRIAN FRANCIS MURPHY and
NORTH AMERICAN VAN LINES,
INC. ,
Defendants
ORDER OF COURT
AND NOW, this .s rt... day of July, 1994r upon consideration of
the attached Motion to Compel Filed on Behalf of Defendant,
Pennsylvania Department of Transportationr a Rule is issued upon
North American Van Lines and Brian Francis Murphy to show cause, if
any they have, why the relief requested in the motion should not be
granted.
RULE returnable within 20 days of service.
BY THE COURTr
/I
James R. Moyles, Esq.
:epj
'. . '. ~i ,; i \
'. I
, ~ ,
JUL J /[) I,:. ~H '911
@
You ara h..aby notlflad ta plead ta the
endooed
_In (lO1 dey', of MfYice heNOf or a
dellul1 Judgmant may be antarad upon you.
TORTS LmGATlON UNIT
omCl OF ATTOANEY GENERAL
15th Fl. Stnwtllny SqlMlre
Harrisburg. PA "120
· JUt 01199.
cU..-
To
..
.
I certlfy _ the wtt/IIn It
a true and cornet copy.
DIANNA KAY SOUTHr Executrix
of the Est8te of KEVIN TODD
SOUTH, Deceased,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
NORTH AMERICAN VAN LINES, INC.,
BRIAN FRANCIS MURPHY and
COMMONWEALTH OF PENNSYLVANIAr
DEPARTMENT OF TRANSPORTATI0Nr
:
Defendants :
.
.
******
DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTH, Deceased,
.
.
:
.
.
:
Plaintiff
:
.
.
v.
:
.
.
BRIAN FRANCIS MURPHY and NORTH
AMERICAN VAN LINES, INC.,
.
.
.
.
.
.
Defendants
: NO. 1279 CIVIL 1994
MOTION TO COMPEL FILED ON BEHALF OF
DEFENDANT. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
1. On November 22r 1993, Additional Defendant, Department of
Transportationr served Interrogatories and Request for Production
of Documents upon Original Defendantsr North American Van Lines and
Brian Francis Murphy.
2 . Among the items requested were responses to Expert Witness
Interrogatories and/or Expert Witness Reports and Curriculum VitaeB
of any expert witnesses who would testify at trial against the
Department of Transportation.
3. Neither answers nor responses to the aforementioned
"
discovery request have been received by Additional Defendantr
Department of Transportation.
4. Numerous telephone calls have been placed to the office of
counsel for North American Van Lines and Brian Murphy and reBponses
have not been received to the outstanding discovery.
5. On April Sr 1994, follow up correspondence was forwarded
to counsel for North American Van Lines and Brian Murphy. Again,
responses have not been received to the outstanding diBcovery
request.
6. Copies of the Interrogatoriesr Request for Production of
Documents and follow up correspondence have been marked
respectively Exhibits "A", "B" and "C" and are attached to this
Motion.f
7. Original Defendants' failure to produce the requested
information greatly prejudices Additional Defendant in defending
this matter.
S. It is the intention of plaintiff's counsel to list this
matter for trial in one of the fall terms of Court in Cumberland
County.
WHEREFOREr Additional Defendant, Pennsylvania Department of
Transportationr respectfully requests this Honorable Court to enter
an Order compelling Original Defendants to file full and complete
answers to the outstanding Interrogatories and to produce full and
complete responses to the outstanding Request for Production of
Documents, including any and all Expert Reports and/or Curriculum
Vitaes within 20 days from the date of any Orderr orr in the
2
~
alternative, to suffer sanctions in the form of the preclusion of
any such adverse expert testimony and/or evidence at the time of
trial.
Torts Litigation Section
15th Floorr Strawberry Square
Harrisburg, PA 17120
717-783-1683
Respectfully submittedr
ST D. PREATE, JR.
rney General
ames R. Moyles 10#30135
Senior Deputy Attorney General
3
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.
..
VERIFICATION
I, JAMES R. MOYLES, Senior Deputy Attorney Generalr in my
capacity as counsel for Defendant in the within actionr hereby
verify that the foregoing statements are true and correct to the
best of my knowledge, information and belief, and are made subject
to the penalties of 18 Pa. C.S. 54904 relating to unsworn
falsification to authorities.
Dated I June 30, 1994
I JAMES R. MOYLES
! Senior Deputy Attorney General
"-.....~....."..--<>~
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing
document upon the person(s) and in the manner indicated belowl
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWSI
STEVEN P. MINER, ESQUIRE
METZGER, WICHERSHAMr KNAUSS
& ERB
P.O. BOX 93
HARRISBURGr PA 17l08-0093
HARVEY FREEDENBERGr ESQUIRE
McNEES, WALLACE & NURICK
100 PINE STREET
P.O. BOX 1166
HARRISBURGr PA l7l08-1l66
EDWARD E. GUIDO, ESQUIRE
SAlOIS, GUIDO & MASLAND
26 WEST HIGH STREET
CARLISLEr PA 17013
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
,.? .;'
ame R. Moyles 10#30135
enior Deputy Attorney General
DATED: June 30, 1994
To
YO<l or. harlby notified 10 plead 10 tha
~ndOIad
_In (20) day'. of same. he.-of 0' I
def.uIt JlldGm.M mlY be InteNd upon rou.
. '
By
TORTS UTlGAnON UNIT
oFfla o. AnoANlY GENERAL
,.th PI. Stnwbeny Square
Hlrrltburg, PA 17120
JUl 01~ dJ...
I certify that tha within II
a we and coU6Ct COfII.
DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTHr Deceasedr
Plaintiff
v.
NORTH AMERICAN VAN LINES, INC'r :
BRIAN FRANCIS MURPHY and
COMMONWEALTH OF PENNSYLVANIAr
DEPARTMENT OF TRANSPORTATION,
Defendants
DIANNA KAY SOUTH, Executrix
of the Estate of KEVIN TODD
SOUTHr Deceased,
Plaintiff
v.
BRIAN FRANCIS MURPHY and NORTH
AMERICAN VAN LINES, INC'r
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY r PENNSYLVANIA
I
I
I
.
.
I CIVIL ACTION - LAW
.
.
.
.
.
.
.
.
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******
.
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.
.
.
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:
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.
.
.
:
: NO. 1279 CIVIL 1994
MEMORANDUM OF LAW IN SUPPORT OF THE
MOTION TO COMPEL FILED ON BEHALF OF
DEFENDANT. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
Pursuant to the Pennsylvania Rules of Civil Procedure,
Additional Defendant, Pennsylvania Department of Transportation,
served Interrogatories and Request for Production of Documents upon
Original Defendants North American Van Lines r Inc. and Brian
Francis Murphy. The Interrogatories and Request for production of
Documents were entirely proper pursuant to Rules 4005r 4009 and
4003.5 of the Pennsylvania Rules of Civil Procedure.
Original
Defendants' have not filed any objections to the outBtanding
Request and it is appropriate for this Court to enter sanctions
pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure.
\"1
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.
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Specifically, Rule 4019(a) l(i)(Vll) are applicable and sanctions
are appropriate pursuant to Rule 4019(0) of the Pennsylvania Rules
of Civil Procedure.
JR.
BYl I
J es R. Moyles 10.30135
enior Deputy Attorney General
Torts Litiqation Section
15th Floor, Strawberry Square
Harrisburq, PA 17120
717-783-1683
2
~'
.
~
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing
document upon the person(s) and in the manner indicated belowl
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWSI
STEVEN P. MINER, ESQUIRE
METZGERr WICHERSHAM, KNAUSS
& ERB
P.O. BOX 93
HARRISBURGr PA 17108-0093
HARVEY FREEDENBERGr ESQUIRE
McNEESr WALLACE & NURICK
100 PINE STREET
P.O. BOX 1166
HARRISBURG, PA 17108-1166
EDWARD E. GUIDOr ESQUIRE
SAIDISr GUIDO & MASLAND
26 WEST HIGH STREET
CARLISLE, PA 17013
ames R. Moyles 10130135
Senior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-1683
DATED I June 30r 1994