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ALEXANDER P. SPRAGUE,
Executor of the Estate of
CLARENCE BARTLETT SPRAGUE,
alkla C. BARTLETT SPRAGUE,
deceased, and FOWLER,
ADDAMS, SHUGHART and
RUNDLE,
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
Plaintiffs
NO. 94 ' ~o81 CIVIL TERM - EQUITY
v.
ITT RESIDEN'rIAL CAPITAL
CORPORATION,
Defendant
COMPLAINT
AND NOW, corne the Plaintiffs, Alexander P. Sprague, Executor
of the Estate of Clarence Bartlett Sprague, alkla C. Bartlett
Sprague, Cumberland county Estate File No. 21-94-58, and Fowler,
Addams, Shughart & Rundle, and make the following Complaint:
1. The Plaintiffs are Alexander P. Sprague, Executor of the
Estate of C. Bartlett Sprague, an adult individual residing at
313 Old Stonehouse Road, Boiling Springs, Cumberland County,
Pennsylvania (hereinafter referred to as "the Estate"), and
Fowler, Addams, Shughart & Rundle, attorneys for the Estate,
having its principal place of business at 28 South pitt street,
Carlisle, Cumberland County, Pennsylvania.
2. The Defendant is ITT Residential Capital Corporation,
a business corporation, doing business in pennsylvania, with its
principal place of business at 3301 North Torrey Pines Court, La
Jolla, California.
3. C. Bartlett Sprague, deceased, executed and delivered a
mortgage on the property located at 207 North Twenty-Fourth
st~eet, camp Hill, Cumberland County, Pennsylvania, to state
capital savings and Loan Association on April 4, 1977, as a
requirement for obtaining an $18,000 loan, said mortgage recorded
in the Office of the Recorder of Deeds in and for Cumberland
County, pennsylvania, in Mortgage Book 619, Page 283.
4. Hill Financial savings Association acquired said
mortgage as successor by merger from said state Capital savings
and Loan Association.
5. Said Hill Financial savings Association assigned said
mortgage to state Capital Service Corporation, by Assignment
dated February 18, 1987 and recorded in the Office of Recorder of
Deeds, aforesaid, Misc. Book 336, Page 103.
6. Defendant ITT Residential Capital Corporation acquired
said mortgage as SUcc&ssor to said state Capital Service
corporation.
7. Defendant has been the holder of said mortgage at all
times relevant to the claims hereinafter set forth.
8. Defendant faxed a payoff statement valid through
November 1, 1993 to C. Bartlett sprague, deceased, a copy of
which is attached hereto as Exhibit "A" and made a part hereof.
9. In accordance with said payoff statement, and by
certified check drawn October 14, 1993 and delivered by UPS,
C. Bartlett Sprague, deceased, by and through his attorneys, paid
Defendant the sum of $5,918.66, the amount requested by Defendant
to pay said mortgage in full, including interest and all
-2-
requested fees, oopies of which check and UPS next day air
receipt are attached hereto as Exhibit "B" and made a part
hereof.
10. Defendant, by letter dated October 20, 1993, confirmed
that said mortgage had been paid in full, which confirmation is
attached hereto as Exhibit "C" and made a part hereof.
11. C. Bartlett Sprague, deceased, by and through his
attorneys, by letter dated December 10, 1993, requested that
Defendant forward the satisfaction piece regarding said mortgage
within thirty (30) days pursuant to 42 Pa. C.S. 8104(b), And
informed Defendant that pursuant to Defendant's instructions, the
$12 satisfaction fee was being held by Plaintiffs pending receipt
of requested satisfaction piece. A copy of said letter is
attached hereto as Exhibit "D" and made a part hereof.
12. Defendant, by letter dated January 12, 1994,
acknowledged receipt of said letter dated October 10, 1993
(EXhibit "D"), and informed C. Bartlett Sprague, deceased, that
Burke & Castle, P.C., of Denver, Colorado, was responsible for
processing satisfaction of said mortgage, a copy of which letter
is attached hereto as Exhibit "E" and made a part hereof.
13. C. Bartlett Sprague, deceased, died on January 17, 1994.
14. On January 25, 1994, Kathryn Blake, Esq. of Burke &
Castle, P.c., informed attorneys for the Estate that satisfaction
piece would be mailed on January 25, 1994.
-3-
15. plaintiffs believe and aver said satisfaction piece was
not mailed on January 25, 1994.
16. Attorneys for the Estate have called said Kathryn Blake,
Esq., of Burke & castle, P.C., on numerous occasions to request
forwarding of satisfaction piece regarding said mortgage.
17. said Kathryn Bloke, Esq., of Burke & ca3tle, P.C., has
not returned said telephone calls.
18. Said property located at 207 North Twenty-Fourth street,
camp Hill, pennsylvania was conveyed by the Estate by deed dated
February 28, 1994.
19. Written Notice was sent to Defendant and said Burke and
Castle, P.C. by certified mail on March 14, 1994, requesting
Defendant to forward satisfaction piece necessary to satiSfy of
record said mortgage within forty-five (45) days pursuant to Act
of July 31, 1968, P.L. 866 No. 257, 51, 21 P.S. 5682, copies of
which Notice and return receipt cards are attached hereto as
Exhibits "F" and "G", respectively. and are made a part hereof.
22. Defendant has nevertheless failed to forward said
satisfaction piece necessary to satisfy said mortgage of record.
COUNT I
SPRAGUE v. ITT RESIDENTI~L CAPITAL CORPORATION
23. The averments contained in Paragraphs 1 through 22 are
incorporated herein by reference.
-4-
24. More than forty-five (45) days have elapsed since the
date when C. Bartlett sprague, deceased, paid said mortgage in
full pursuant to Defendant's payoff statement.
25. More than forty-five (45) days have elapsed since the
date when the Estate gave the Defendant written notice and
requested Defendant to forward satisfaction piece regarding said
mortgage.
WHEREFORE, said plaintiff, Alexander P. sprague, Executor of
the Estate of Clarence Bartlett Sprague, alkla C. Bartlett
Sprague, requests your Honorable Court to:
(a) Order and direct the Defendant, ITT Residential
Capital Corporation, to satisfy said mortgage on the records of
the Cumberland County Recorder of Deeds Office; and
(b) Grant such other and further relief as may be
just and proper.
COUNT II
SPRAGUE v. ITT RESIDENTIAL CAPITAL CORPORATION
26. The averments contained in Paragraphs 1-25 are
incorporated herein by reference.
27. As the result of the Defendant's failure to satisfy said
mortgage of record, the Estate has incurred and continues to
incur attorney's fees and expenses.
WHEREFORE, Plaintiff, Alexander P. sprague, Executor of the
Estate of Clarence Bartlett Sprague, a/k/a C. Bartlet,t Sprague,
requests your Honorable Court to enter judgment in favor of the
-5-
Plaintiff, Ale~ander P. Sprague, and against the Defendant, ITT
Residential capital Corporation in the amount of $18,000, plus
interest and costs of suit.
COUNT III
FOWLER. ADDAMS. SHUGHART & RUNDLE
v. ITT RESIDENTIAL CAPITAL CORPORATION
28. The averments contained in paragraphs 1-25 are
incorporated herein by reference.
29. plaintiff, Fowler, Addams, Shughart & Rundle, attorneys
for the Estate, by letter dated February 28, 1994, agreed to
indemni:y and hold harmless Abstract Land Associates, of Camp
Hill, Pennsylvania, title agents representing the purchaser in
the aforementioned conveyance of 207 North Twenty-Fourth street,
Camp Hill, from any and all liability which may accrue as a
result Defendant's failure to satisfy said mortgage. A copy of
said letter is attached hereto as Exhibit "H" and made a part
hereof.
30. By the terms of said Indemnification Agreement of
February 28, 1994, Plaintiff, Fowler, Addams, Shughart & Rundle,
is potentially liable to said Abstract Land Associates for any
and all liability which may accrue as a result of Defendant's
failure to satisfy of record said mortgage.
WHEREFORE, said Plaintiff, Fowler, Addams, Shughart &
Rundle, requests Your Honorable Court to:
-6-
(a) Order and direct the Defendant, ITT Residential
Capital corporation, to satisfy said mortgage on the records of
the Cumberland county Recorder of Deeds Office; and
(b) Grant such other and further relief as may be
just and proper.
COUNT IV
FOWLER. ADDAMS. SHUGHART AND RUNDLE v.
ITT RESIDENTIAL CAPITAL CORPORATION
30. The averments contained in paragraphs 1-25 are
incorporated herein by reference.
31. Plaintiff, Fowler, Addams, Shughart and Rundle,
attorneys for the Estate, by letter dated February 28, 1994,
agreed to indemnify and hold harmless Abstract Land Associates,
of camp Hill, Pennsylvania, title agents representing the
purchaser in the aforementioned conveyance of 207 North Twenty-
Fourth Street, Camp Hill, from any and all liability which may
accrue as a result Defendant's failure to satisfy said mortgage.
A copy of said letter is attached hereto as Exhibit "H" and made
a part hereof.
32. By the terms of said Indemnification Agreement of
February 28, 1994, Plaintiff, Fowler, Addams, Shughart & Rundle,
is potentially liable to said Abstract Land Associates for any
and all liability which may accrue as a result of Defendant's
failure satiSfy of record said mortgage.
WHEREFORE, Plaintiff, Fowler, Addams, Shughart & Rundle,
requests your Honorable Court to enter judgment in favor of the
-7-
Plaintiff, Fowler, Addams, Shughart & Rundle, and against the
Defendant, ITT Residential capital corporation, in the amount of
$18,000, plus interest and costs of suit.
FOWLER, ADDAMS, SHUGHART & RUNDLE
By:~,IR~r\ ( t
Da e F. S ug
28 South Pitt
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Plaintiff
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DATE CERTIFIED.
OOctober 14 1993
CHECK CERTIFIED nY
'i1Y r,
22138
1'l\L~ERSII
'TRUST
f.otJlo,....,.....I\W.......'.I.
()( tober 14
1993
bo-"l *
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PAY TO THE
ORDER OF.
ITT REsidentIal Capital ~orpC)ratlon
$
5,918,66
~--f' 1t1~~') l ~i s-..-..t::::: 9! 8 ,) ,,'''. I:: .... ,','
YRUSr "c':',~"'!\I;"O/' I','.: '~~(~)("" _. DOLLARS I
__.,_.__n -- __'n -.. .n _.__u. ..-....-" . "'DRAWN BY AND CtiARGED
cU5~6~R'5 CHECK NO. 3482 TO THE ACCOUNT ~!E
October 14 1993 I
DATE OF CHECK__ 1- 36093 .'
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Exhibit "B"
FOWLER, ADDAMS, SJlUGIIARl' &I RlJNDI.E
ATTORNEYS AT LAW
P,O, BOX 208
2B SOUTH PITT STREET
CARLISLE, PENNSYLVANIA 17013
.10M" I, 'OWL".. III
WI""I"" A. ~DDAM'
DALI '0 .HUGHA"', "'ft.
MICHAU ". "UNDL.I
TELEPHONE 17' 71 241.1300
fAK 17111 241,0\&4
'OINUf'. ADDAMI" IHUGH.'"
ItI'II.''':U
0' COU"IU
HONO"".LI DALI " IHUGHA'"
December 10, 1993
ITT Residential Capital Corp.
3301 North Torrey Pines Court
La JOlia, CA 92037-1021
RE: C. Bartlett sprague
207 North 24th street, camp Hill, PA 17011
Loan No. 6101153
Gentlemen:
On October 14 we mailed a payoff check on the above account by
UPS Tracking No. 0197 5288 615. The purpose of payment was to
secure satisfaction of a mortgage from Mr. Sprague to State
Capital Savings and Loan Assn. dated April 4, 1977 and recorded
in Cumberland county Mortgage Book 619, Page 3, assigned to State
capital Service corp. by Assignment recorded in Misc. Book 336,
Page 103. Pursuant to your instructions we have withheld the sum
of $12 to record the satisfaction when it has been received from
you.
It has been two months and we have not received the satisfact~on,
Mortgage and Note.
The purpose of this letter is to advise you pursuant to
Section 8104 of the Judicial Code, 42 Pa. C.S. 8104 that if the
mortgage is not satisfied within thirty (30) days of this written
notice, we will demand damages as provided in Section 8104(b).
We demand that you send the original Mortgage and Note together
with a Satisfaction piece in acceptable form directly to me not
later than thirty (30) days from the date of this letter.
Very truly yours,
FOWLER, ADDAMS, SHUGHART & RUNDLE
Dale F. Shughart, Jr.
DFS,JR/bc
cc C. Bartlett Sprague
State Capital Service
Corp.
Exhibi t "D"
.
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.'OWLER. ADDAMS, SHUGHART & RUNDl,E
"nORNEY5 "T L"W
P,O BOX 208
2B 50UTH PITT STREET
C"RLI5Lf, PfNN5YLV"NI" 170U
JOHN I, 'OWL I". III,
WILLIAM A. ADDAMI
DALI I, tHUOHA"', "R.
MICHAIL It. "UNOLI
TELEPlfONI ,7171148,8300
,''X 17171148,61&4
'OWLI". ADDA", . tHUOH...",.
1117t.tllIl
0' COUHIlL
HOHO""'ILa OALI ., tHUOHA'"
March 8, 1994
IMPORTANT NOTIC!
Cert. Mail No. P26g343447
ITT Residential capital
Corporation
Reconveyance Liaison
Customer Relations Department
3301 North Torrey Pines Court
La Jolla, CA 92037-1021
RE: Mortgage of C. Bartlett Sprague
ITT RCC Loan 6101153
Cert. Mail No. P 26g34344g
Burke & castle, P.C.
1099 Eighteenth Street
suite 200
Denver, co 80202
Gentlemen:
We represented C. Bartlett sprague in the refinancing of his
property at 207 North 24th street, camp Hill, Cumberland county,
pennsyl vania, on October 14, 1993, As a part of the transaction,
as settlement agent, we mailed ITT Residential the certified
payoff check to satisfy Mr. Spr.ague's mortgage by UPS overnight
delivery. Pursuant to your instructions we have withheld the sum
of $12 to record the Satisfaction piece when it has been received
by us.
The certified payoff check, of course, cleared and Mr. Sprague
did receive a confirmation dated october 20, 1993, that the loan
had been paid in full. The mortgage satisfaction papers were not,
however, sent to us. We therefore provided the required Statutory
Notice to Satisfy to ITT Residential Capital Corp. on
December 10, 1993, advising you that the satisfaction papers had
not been received and that failure to complete your obligations
within 30 days would subject you to liability.
By response from Tina Cruz of I'l'T dated ,January 12, 1994, we were
advised that Burke & Castle, P.C, was responsible for processing
the satisfaction. On January ?OS, 1994, Kathryn Blake of Burke &
Castle telephoned me to advise me that the satisfaction papers
had been received and would be mailed to me that day. These
papers have not been received,
Exhibit "F"
.
.
'n
FOWLER, ADDAMS, SIlUGIIART & RUNDLE
Mr. Sprague died on January 17, 1994. His Estate conveyed the
real estate on February 28, 1994. We were required to enter an
Indemnification Aqreement with the settlement agent in order to
complete settlement. In the meantime we telephoned Burke , Castle
on a halt a dozen different occasions and left messages for
Kathryn Blake. None of these telephone calls were returned.
Therefore, pursuant to the Act of July 31, 1968, P.L. 866,
No. 259, Section 1, 21 P.S. 682, you are obligated for the
expenses incurred by the Mortgagor.. Enclosed herewith is a copy
of our statement to the Estate of C. Bartlett Sprague for the
$504.10 in fees and costs incurred to date. I anticipate that
additional fees will be incurred if we are required to initiate a
legal action and that the title agent for the purchaser will
incur fees and costs billed to the Estate. I anticipate the
amount of your Obligation to the Estate will ultimately be in the
thousands of dollars if you do not complete your obligations as
required by law.
If the satisfaction papers necessary to satisfy this mortgage of
record are not received by us within 45 days of your receipt of
this Notice, legal proceedings will be instituted.
FOWLER, ADDAMS, SHUGHART &
R~DLE
\1 \r
By:..i:lAf2~ (7~
Dale F. Shughar , J
cc Alexander P. Sprague, Executor, Estate of C. Bartlett Sprague
Abst~act Land ASSociates, Inc., Settlement Agent for
Robert E. Rigney et ux.
Exhibit "F-l"
FOWLER, ADDAMS, SIIUGIIART " RUNDLE
ATTORNEYS AT LAW
P,O, BOX 208
U SOUTH PITT STREff
CARLISLE, PENNSYlVANIA 17013
JOHN .. 'OWI.U, tit
WILLlAII A, AOOAIII
DAll ,. '"UIlH~"". "ft.
"ICH~IL ft. ftUNDL.1
TELEPHONE 17.71 ,,1,1300
FAX 17.71 241'IH4
'OWU~. ADDAII. . 'HUOHA~T
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0' COUNln
HONO~A'LIOALI','HUOHA~T
February 28, 1994
Abstract Land Associates, Inc.
3915 Market street
Camp Hill, PA 17011
RE: Estate of Clarence Bartlett Sprague
alkla C. Bartlett sprague
Cumberland County Estate File No. 21-94-58
Premises: 207 North 24th street, Camp Hill, PA
Mortgage to state Capital Savings & Loan
dated 4/4/77 Recorded in Mortgage Book 619,
Page' 283, assigned to state Capital Service
Corporation (now ITT Residential Capital
Servicing corporation) in Misc. Book 336,
Page 103.
Gentlemen:
I am writing to confirm that I am the attorney for the above
Estate and that we were title agents for C. Bartlett Sprague and
PNC Bank on a refinancing settlement held on October 14, 1993, at
which the above captioned mortgage was paid in full, confirmation
of which we have received and delivered to you.
Despite our earnest efforts and mailing of a statutory notice,
the mortgage has not been satisfied. The purpose of this letter
is to certify to you that it is our responsibility (and that of
the Estate) to insure this mortgage is satisfied of record. We
will promptly initiate any and all reasonable steps necessary to
insure that it is so satisfied of record and then provide
immediate confirmation to you. We further agree to indemnify and
hold you harmless from any and all liability Which may accrue as
a result of the failure of l1"r Mortgage servicing corporation to
satisfy the mortgage. By acceptance of this guarantee and
indemnification agreement, you agree to fully cooperate in any
subrogation of claims for losses accruing to you which we may
Exhibit "n"
Alexander P. Sprague, Executor of
the Eetate of Clarence Barlett
Sprague, a/k/a C. Barlett Sprague,
deceased, and Fow~er, Addams Shughart
and Rundle
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-4089 civil Term Equity
Complaint in Equity and Notice
-Vlll-
ITT Residential Capital
Corporation
R. Thomas Kline, Sheriff who bei~g duly sworn according to law,
says he served the within Complaint in Equity and Notice in the above
entitled action upon the within named defendant to wit: ITT Residential
Capital Corporation, by mailing a certified letter return receipt requested
to them on July 25,1994 to their last known address being 330l North Torrey
Pine Court, La Jolla, California . The letter was received by ITT Residential
Capital Corporation on JUly 30, 1994 the return receipt card signed by
Signature unreadable. rhe return receipt card is hereto attached.
So answers:
Sheriff's CostSI
Docketing
Surcharge
Certified Mail
14.00
2.00
2.75
$ 18.75 pd. by
atty 8-2-94
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/R. Thomas
Sheriff
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Kline
Sworn and SUbscribed To Before Me
This f ~ Day of..G1...J::
n. I)'
1994, A.O.~ . r~-
Prothonotary
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La Jolla. Ca],ifornia 92037- ().2l!lIlIl..".d Oln.u,1d
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PENALTY FOR PRIVATE
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PrInt your name, address and ZIP Coda here
OR. Thoma8 Kline, Sheriff .
Cumberland County Courthou8e
One CQurthouse Square
Carlisle, PA 17013
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SHAPIRO AND KREISMAN
BYI BRINDAN J. SHERMAN, ESQUIRE
ATTORNEY I,D. No. 61944
SOUTHPOINT OPPICE COMPLEX
1160 WIST 8WIDESFORD ROAD, SUITE 3&0
BERWYN, PA 19312
TELEPHONE (610) 69&-9240
Alexander P. spra9ue, Executor
of the Istate of Clarence
Bartlette 8pra9ue
PLAINTIPF
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, l'A
NO: 94-4089 CIVIL TERM -
EQUITY
VS.
ITT Residental capital
corporation,
DEPENDANT (S)
CERTIFICATION OF SBRVICB
I, Brendan J. Sherman, Esquire, counsel for Plaintiff, hereby
certify that on q /1 (j ;' '1/ , a true and correct copy of the
attached Oefendant's Answer to Complaint was served by mailing same
by regular .ail, postage pre-paid, to:
Dale r. Shu9hart, Jr., Esquire
28 South Pitt street
P.O. Box 208
Carlisle, PA 17013
SHAPI
BY:
BrenC!1l J.
an, Esquire
201891
6101153
165942e2U
X~rOI3B-09B-0031
-ru Plrcell.O, .
MORTGAGE SATISFACTION PIECE
Date:
Olte of Mortgage: APRIL 04, un
Recording Informlllon: 800Kf 6U
Mortgagor: C, IUTL~TT SPIlAGU~
Date of IIcordlllon: APIIIL 04, un
PAGEt 283
CUllent Mortgagee: ITT R~SIDENTIAL CAPITAL CORPOIlATION
Name 01 Lest Asslgnle: STAT! CAPITAL SIRVICE CORPOIlATION
Orlglnll Principal Bllance: $
Counly 01 CUHIIULAIlD
18,000,00
, Stall 01 PENNSYLVANIA
Which mortgage wllasslgned to ITT RESIDENTIAL CAPITAL CORPOIlATIOIl
from STATE CAPITAL SERVICE CORPORATION
"-
dated FEIRUAI\Y 18, un and recorded J1JIlE 30. 19B7
BOOK' 336 ,Pagl PAGEt 103 ,
WHEREAS, ITT IIESIDENTIAL CAPITAL CORPOIlATION
In Assignment of Mortgage Book
hereby certifies Ihal the debt secured by the above described Mortgage has been lully paid or otherwise
discharged and upon the recording hereol, said mortgage shell be Ind Is hereby fully Ind lorever
satisfied and discharged Irom the following descrlbld property:
SEE ATTACN~D rOR LEGAL DESCRIPTION,
ITT RESIDENTIAL CAPITAL CORPORATION
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Titll: VICE PIlESIDENT
Sale of California
County of San Diego
On Janual)' 19, 1994, before me,S Stewart, Notal)' Publl., personally appeared Ken Kilbane. personaUy
known 10 me to be the pellon who.e name i. .ub",ribed tn the wUhfn In"rument and a.knowledged to me
thai he "ecuted the .ame In hi. authorized .apaclty, and that hi. "gnature on the In"rumenllhe pc"o".
or tho enhly upon behalf of which the pcr"'n actcd. "e.uled thc In.trumcnl,
WITNESS my hond and official .col,
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewrlllen and submllled In duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
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PI.la. lIallhe lollowlng case:
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(Check one) ) for JURY Irlal at the nexlterm 01 civil courl.." ,"j:.' ',: N
to._,_:''''' ~
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( X ) for trial without a jury, " ,,': '" :i!
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..........._...............................................................................................................................11I".>>...........................
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CAPTION OF CASE
(entire caption must be stated In full)
(check one)
ALEXANDER P. SPRAGUE, Executor of the Estate
of CIJlRENCE ElI\R'I'IEl'I' SPRAGUE, il/k/a C. rwmm'l'
SPRAGUE, DOCFJlSED, AND ~U'lI.EH, ADDI\MS, SlIUGlIAH'l' &
RUNDLE,
Acsumpslt
Trespass
Trespass (Motor Vehicle)
Equity
(X)
'(Olher)-'--
(Plaintiff)
vs,
ITT RESIDENl'IAL CAPl'IAL CORPORATION
The trial list will be called on
and
Trials commence on ____.______..
(Defendant)
Pretrials will be held on _... _..
(Brlels are due 5 days before pretrials,)
(The party listing this case lor trial shall provide
forthwith a copy 01 the praecipe to all counsel,
pursuant to local Rule 214,1.)
VIS,
No, 94-4089
~ Equity ~
-.-.-------- .--.-
Indicate the attorney who will try case for the party who files this praecipe: .._.,_..-.__
Dale F. Shughart, Jr., Esq. , Fowler, Addams, Shughart & Rundle
-----....----.-- --.--,-------.------,-----.-"
Indicate trial counsel for other parties If known: Christopher J. Fox, Esq., Shapiro & Kreisman
._._,____,._.____._, ._. _0.'_- .__ ~_ .__.. _.__
Th" ".. " ...d, f":'~ -- ..-:,"" k~~ (j~l/F~-
Print Name:. "~l " Sh ,,-
...,. ....,., ug.1Ctrt'T ..11'..--"
Plaintiffs
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ALEXANDER p, SPRAGUE,
Executor of the E.tate of
CLARENCE BARTLETT SPRAGUE,
alkla C. BARTLETT SPRAGUE,
decea.ed, and FOWLER,
ADDAMS, SHUGHART and
RUNDLE,
Plaintiffs
t IN THE COURT OF COMMON PLEAS OF
t CUMBERLAND COUNTY, PENNSYLVANIA
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:
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: NO. 94-4089 CIVIL TERM - EQUITY
v.
ITT RESIDENTIAL CAPITAL
CORPORATION,
Defendant
AND
~ER OF COURT
tf..l~ 2'1 rt. cL,'J .s l" ." '''~' ,
NOW, on joint Petition of Fowler,
,.
Addams, Shughart ,
Rundle and Alexander P. Sprague, Executor of the Estate of
Clarence Bartlett Sprague, deceased, all beneficiaries of the
Estate being in agreement, the settlement of the claim of the
Estate of Clarence Bartlett Sprague against ITT Residential
capital Corporation for total damages of $1,250 be and is hereby
approved. A true and correct copy of the Petition and this Order
of Court shall be filed in the Office of the Register of Wills in
and for Cumberland County to Estate No. 21-94-58, the Estate of
Clarence Bartlett Sprague, deceased.
By the Court,
Copies:
Madelaine N. Baturin, Esquire
Alexander P. Sprague
Clark M. sprague
Or en D. Sprague
Chri.topher J. Fox, Esquire
C<1.lA,.... ,,>,<~t..l '/ I ,)'/ /r,~.
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ALEXANDER P. SPRAGUE,
Executor of the Estate of
CLARENCE BARTLETT SPRAGUE,
a/k/a C. BARTLETT SPRAGUE,
deceased, and FOWLER,
ADDAMS, SHUGHART and
RUNDLE,
I IN THE COURT OF COMMON PLEAS Of
: CUMBERLAND COUNTY, PENNSYLVANIA
I
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:
:
Plaintiffs
NO. 94 4089 CIVIL TERM - EQUITY
v.
ITT RESIDENTIAL CAPITAL
CORPORATION,
Defendant
PETITION FOR APPROVAL OF SETTLEMENT
AND NOW, comes the Petitioner, Alexander P. Sprague,
Executor of the Estate of Clarence Bartlett Sprague, deceased,
and Dale F. Shughart, Jr., Esquire, of Fowler, Addams, Shughart'
Rundle and respectfully represents as follows:
1. The above captioned action was filed in the Court of
Common Pleas of Cumberland County to the above term and number
and arises from the failure of the Defendant to satisfy a
mortgage of the decedent C. Bartlett Sprague.
2. The case is scheduled for a pretrial conference before
Honorable J. Wesley Oler, Jr. on Monday, July 31, 1995.
3. The parties have agreed to a settlement of the case
under which the sum of $2,500 is to be paid to Fowler, Addams,
Shughart' Rundle, as attorney fees, and the sum of $1,250 is
paid to the Estate of Clarence Bartlett Sprague, deceased, with
the sum of $64.25 to be reimbursed to Fowler, Addams, Shughart'
Rundle for docket costs incurred in filing the lawsuit.
,
4. The undersigned attorney and Executor have conferred
with the other beneficiaries of the Estate to wit, Clark M.
sprague, Oren D. Sprague and Linda Sprague, and all are in
agreement that the above captioned settlement is fair and
appropriate. All creditors of the Estate have been paid.
5. The Probate Estates and Fiduciaries Code, Section 3323,
20 Pa. C.S. 3323, requires that settlement of lawsuits initiated
on behalf of deceased's be judicially approved.
6. copies of this Petition were mailed to Alexander P.
Sprague, Clark M. Sprague, Oren D. sprague and Linda Sprague, in
care of her attorney, Madelaine N. Baturin, Esquire on July 7,
1995 by the undersigned Dale F. Shughart, Jr. A copy of the cover
letter mailed with the Petition is attached, hereto, made a part
hereof and marked Exhibit "A".
7. Your Petitioners have received no objection to the
approval of this settlement from any of the beneficiaries of the
Estate.
WHEREFORE, your Petitioners pray Your Honorable Court to
approve the settlement of the above captioned case for a total
payment of $3,750 plus docket costs, allocated as set forth
above, and request that a certified copy of the approval of
,/
t'OWI.t:K. AUUUIS. SIIlICHlART " RUNDLE
ATTORNHS AT LAW
P,O, BOX 20.
21 SOUTH PITT STRHT
CARLISLI. PENNSYLVANIA 17013
JOHN I. 'OWL"', III
WIl,LIAM A. AOD.....
GALl p, IHUGH."', JR,
"ICHAIL A. "UNOLl
JlLI'ttDNEI7171 HI,nOD
'A~ 17171 HII""4
'OWL I". ADOAMI .IHUGHA"T
,un,uul
0' COUNIIL
HONOAAILI DALI '0 IHUQHA'"
Clark M. Spra9ue
4072 Wood Edge Drive
Bellbrook, Ohio 45405
Madelaine N. Baturin, Esquire
Baturin , Baturin
717 North Second streot
Harrisbur9, PA 17102-3202
July 7, 1995
Oren D. Sprague
3131 Flintlock Road
Fairfax, VA 22030
REI Estate of C. 8artlett sprague, deceased
Dear MH. Baturin and Messrs. Sprague:
Laot December each of you approved a proposed settlement of the
law ouit filed by Alexander P. Sprague and myself against ITT
Reoidential Capital for the total damages payable to the Estate
in the oum of $1,250. Finally, the underlying mortgage has now
been oati.fied, and wo are in a position to settle the case. As I
previouoly advised you, settlement of a law suit filed on behalf
of a decedent's estate requires judicial approval.
Enclooed herewith is a proposed Petition which I have prepared
and oi9ned. I have forwarded it to Alexander for his signature.
Thio Petition will be filed with Honorable J. Wesley Oler, Jr.
who iB the Judge assigned to the case on or about July 24 unless
one of your objects. The case has been scheduled for a pretrial
conference on August 1.
If any of you have any objections whatsoever to this settlement,
pleaoe otate them in writing and forward them to me. If such
objectiono are received, the Court will schedule a hearing on the
Petition for Approval.
Very truly yours,
DFS,JR/bo
I
FOWLE,R, ADD,AMSyI SHUGHART & RrDLE
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'>--_Y,~L,~9._L70Vc;
Da 1 e F. Shughart, Jr/. )
cc Alexander P. Sprague
Chriotopher J. Fox, Esquire
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