HomeMy WebLinkAbout95-05158
.
MELLON BANK, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.:
v.
ROBERT J. MORRISON,
Defendant
CIVIL ACTION . LAW
MORTGAGE FORECLOSURE
A VISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas
en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la
notlficacion. Usted debe presenlar una apariencia escrita 0 en persona 0 par abogado y archivar en la
corte en forma escrita sus defensas 0 sus objeciones a las 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
previa aviso 0 notiflcacion Y por cualquier queja 0 alivio que es pedido en la petlcion de demando.
Usted puede perder dinero 0 sus propiedades 0 otros derechos imporlantes para usted.
LLEVE F,sTA DEMANDA A UN ABODAGO INMEDlATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFlCIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELEFONO A LA OFlCINA CUY A DIRECCION SE
ENCUENTRA ESCRlTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Court Administrator
Cumberland County Courthouse
I CourthDuse Square, 4th Floor
Carlisle, PA 17013
Telephone (717) 240-6200
NAUMAN, SMITH, SHISSLER & HALL
Craig J. Staudenmaier, Esquire
Supreme Court ID #34996
200 North Third Street
P.O. Box 840
Harrisburg, PA 17108
(717) 236-3010
Counsel for: Mellon Bank, N.A., Plaintiff
.
,
MELLON BANK, N,A.,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.:
ROBERT J. MORRISON,
Defendant
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
COMPLAINT
AND NOW, comes Plaintiff, Mellon Bank, N.A., by its attorneys, Nauman, Smith, ShL'iSler
& Hall, and files the within Complaint, representing in support thereof the following:
I. Plaintiff, Mellon Bank, N.A. (hereinafter "Mellon"), is a national banking association
organized and existing under the banking laws of the United States of America with principal offices
at 10 South Market Square, Harrisburg, Dauphin County, Pennsylvania 17101.
2. The Defendant, Robert J. Morrison ("Morrison") is an adult individual whose last known
address is 1240 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. On or about January 14, 1994, MDrrisDn entered into an agreement whereby he borrowed
from Mellon and agreed to repay to it the sum of Thirty-Two Thousand Six Hundred and Thirty-Six
Dollars and 65/100 ($32,636.65), and as security for the loan executed and delivered to Mellon his
mortgage dated January 14, 1994, in the amount of Thirty-Two Thousand Six Hundred and Thirty-Six
.
.
Dollars and 65/100 ($32,636,65) mortgaging a tract of land with a dwelling erected thereon located in
Cumberland CDunty, Pennsylvania known as 1240 Pine Road, Carlisle, Cumberland County,
Pennsylvania 17013. At all times relevant hereto, Morrison was and remains the sole owner of the
mDrtgaged property. A description of the property is attached hereto, made a part hereof and marked
Exhibit" A'. A copy of the note evidencing said agreement is attached hereto, made a part hereDf and
marked Exhibit "B".
4. On January 29, 1994, said mortgage was recorded in the Office of the Recorder of Deeds
of Cumberland County In Mortgage Book 1193. Page 93 and this mortgage in the public records is
incorporated herein by reference.
S. The said mortgage was never assigned by Mellon and is still held by it as a valid and
subsisting obligation of Morrison.
6. Mellon believes and, therefore avers, that Morrison herein, is the only party in interest in
the land described herein ss Exhibit" A" 0
7. Under the terms and conditions of the mortgage and prDmissory note, Defendant agreed to
make monthly payments to Mellon In the amount of Three Hundred and Forty-Four Dollars and Eighty-
Seven Cents ($344.9\), beginning March 4, 1994 and payable on the 4th day of each successive month
thereafter.
.o\.,
.
.
.
8. Defendant has breached the terms and conditions of the mortgage and promissory note and
has defaulted under their terms and conditiDns In that he has failed to make the required monthly
payment in accordance with the terms thereof.
9. Defendant is presently Indebted to Mellon in the amount of Thirty-Five Thousand Four
Hundred and Thirty-Nine Dollars and Fifteen Cents ($35,439.15) itemized lIS follows:
Principal Balance
$ 32,376,87
2,972.28
Interest to 9/12/95
(per diem $8.20)
Late Charges
90,00
TOTAL DUE
$ 35,439.15
10. Defendant also agreed under the terms of the mortgage that in the event of default thereunder
he would pay, in addition to the charges listed in paragraph 9 above, attorneys' fees and costs incurred
by Mellon as a result of the institutiDn of these legal proceedings.
11. The obligation owed by Morrison to Mellon continues to accrue interest thereon at the rate of
$8.20 per day beginning September 13, 1995.
12. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December
23, 1983, P.L. 385 No. 91, 35 P.S. ~1680.4Olc ltl KQ." Notice of Intent to Foreclose and of
.
Defendants' rights under said Act were forwarded ID Robert J. MorriSDn by lelter dated January 18,
1995, first class mall, addressed to RDbert J, Morrison, 1240 Pine Road, Carlisle, Pennsylvania 17013.
A CDPy of the aforesaid Notice is attached hereto and marked Exhibit "C'. A copy of the mailing
receipt, postal form 3817, evidencing the mailing of said Notice is attached herelo and marked Exhibit
'D'. Defendant received delivery of said Notice on January 24, 1995. See 35 P.S. ~ I 680.404c(e) ,
Defendant has been denied assistance under the Act.
13. Pursuant to the Act of January 30, 1974, P.L, 13, No.6, 41 P,S, ~ 101 ~ &Q." and in
particular ~403 thereof, Mellon gave written notice to Defendant of its intenlto foreclose by letter dated
January 18, 1995, addressed to Robert J. Morrison, 1240 Pine Road, Carlisle, Pennsylvania 17013,
certified mall, return receipt requested No. P-125-161-894. A copy of said notice is attached hereto,
made a part hereof, and marked Exhibit 'E'.
14. Defendant received delivery of the aforesaid notice on January 27, 1995, as evidenced by
the signed certified mall receipt attached hereto, made a part hereof, and marked Exhibit "F'.
15. As set forth above. Mellon has made repealed demands upon Morrison, Defendant herein,
tD cure the default under the aforesaid mortgage and promissory note, however, Morrison has refused
and failed and continued tD refuse and fail to cure this default.
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LAW O~"ICE.5
NAUMAN, SKITII, SIIIHHLIllH a JlALL
DAYID C. CATON
.....Nce.. Q. "AUMAN, .....
-IOHN C. .VLI."'A"
.I. .T""HIN 'CINOVR
C..A10 .I. .TAUDIN"''''IC''
..NJA~IH C. OUNl.AfI!i .I"
.'....H... J ",CCNI:
10'"" FLOOR
200 NORTH THIRD STR~IlT
P. Q. Bo)( 8040
HARRISDURO, PENNSYLVANIA 17108-0840
T&I.I:"HON..
(717\ 23&.3010
TlU:".U:
1717\ 234.lgrD
CQVNaCL.
RALPH W. IIOYLr.8, ..I...
ACT 91 NOTICE
IMPORTANT: NOTICE OF nOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ TIllS NOTICE. YOU MAYBE ELlGmLE FOR
FINANCIAL ASSISTANCE WmCH CAN SAVE YOUR nOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
January 18, 1995
CERTIFICATE OF MAILING
Robert J. Morrison, Jr.
1240 Pine Road
Carlisle, PA 17013
RE: Account No: 418-4001388
Mellon Bank, N.A.
Dear Mr. Morrison:
You may be eUglble for financial assistance that will prevent Coreclosure on your
mortgage If you comply with the provisions of the Homeowners' Emergency Mortgage
Assistance Act of 1983 (the "Act"). You may be eligible Cor emergency temporary
assistance If your default has been caused by circumstance beyond your control, you have
a reasonable prospect of resuming your mortgage payments, and If you meet other
eligibility requirements established by the Pennsylvania Housing Finance Agency. Please
read all of this Notice. It contains an explanation of your rl~hts.
Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for
thirty (30) days from the date of this notice. During that time you must arrange and attend a
'face.to-face" meeting with a represcntative ofthi~ lender, or with a designated consumer credit
counseling agency. The purpose of this meeting is to attempt to work out a rcpayment plan, or
to otherwise settle your delinquency, This mccting must occur In the next thirty (30) days.
~
-
If you attend a face-to-face meeting with this lender, or with a consumer credit counseling
agerlCY identified in this notice, no further proceeding in mortgage foreclDsure may take place
for thirty (30) days after the date of that meeting.
The name, address and telephone number of the Bank's representative is:
Craig J. Staudenmaier, Esquire
NAUMAN, SMITH, SHISSLER & HALL
200 North Third Street
Harrisburg, Pennsylvania 17108
Telephone: (717) 236-3010
The names and addresses of designated consumer credit counseling agencies are shown on
the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise
this lender immediately of your intentions.
Your mortgage Is In default because YDU have failed tD pay promptly installments of
principal and interest, as required, for a period of at least sixty (60) days. The total amount of
the delinquency ss of the above date is $1784,55. That sum includes the following: principal,
interest, escrow and late charges.
If you have tried and are unable to resolve this problem at or after your fact-to-face
meeting, you have the right to apply for financial assistance frDm the HDmeowners' Emergency
Mortgage Assistance Fund. In order to do this, you must fill out, sign and fIle a completed
HDmeDwners' Emergency Assistance Application with one of the designated consumer credit
counseling agencies listed on the attachment. An applicatiDn for assistance may only be obtained
from a consumer credit counseling agency. The consumer counseling agency will assist YDur
completed application to the Pennsylvania Housing Finance Agency. Your applicatiDn must be
filed or postmarked, within thirty (30) days of your face-to. face meeting.
It Is extremelv Imnortant that VOII me an anpllcatlon nromntlv. If vou do not do so.
or If you do not follow the other time nerlDds set forth In this letter. foreclosure mav
nroceed aealns! vour home Immediately.
Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act.
It is extremely important tJlat your application is accurate and complete in every respect.
The counseling agency will help you to fill out the application.' The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During
tJlat additional time, no foreclosure proceedings will be pursued against you if you have met thc
time requirements set fortJl above. You will be notified directly by Ihat agency of its decision
on your applicalion,
The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P,O,
Box 8029, Harrisburg, Pennsylvania 17105. Telephone No: (717) 780-3800 or 1-800-342-2397
(toll free number). Persons with impaired hearing can call 1-800-342-2397.
""!ltIiI"'I$ll~~I~",,,,,''''",'''''''''''lI"'''''''''"''''''I''!''''''''''''''''''''''"",,,""""''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''""""""'It"IIn"."""uw,,,,'loh,"",,,,,,,,,,,,,,,,",,,,,,,,,,,"III!lI"'"''""I""""'~"''''
R.celvld Froml
Affix f.. here In .'Imp.
. ,or . m~t.r pOltlg' and
j pOlt"marte.. IflQulr. 01
.; .poltmll1iiJ1fot-currtnt
::C' I f... I:
'::., . \ I
,:' '. I I' " ,;
NAUMAN, &~ITI1. llHI33LtR & HA~~' .. I .
p,O. BOX 640 -.' ,....\,; ,:
HARI'\158UR8, PA 11108 QB~Q
....)
.'
MAY BE USiD fOA DlJMESTIC AND INTERNATIONAL MAil, DOES NOT
PROVIDE FOR INSURANCE-POSTMABTER .",
'a7
PS Form 3B17, Mar, lBB9
.u S GPO. 19'i1I.Q.'Z8N04/2IH41
--I
LAW O,.,...ICES
NAUMAN, SlIflTII, SlIlflflLIlIH a JlALL
DAVID C. KATON
....Nee,. O. NAU"'.N, oJR.
JOHN c. aULLIVAN
oJ. aTI"HEN ,.ClNOU'"
CAAIG 01. .'.yO.N....'e..
18'''' rLDOR
200 NORTH THIRD STREET
P. 0, BOM 8040
HARRIS8URG, PIl!:NNSYLVANIA 17108-08<40
TCLIl"..ONII
f7171,.30-3010
TCLIl""1II
(717\ 23"".IQ25
..H"AMI" C. DUNL"" .JR.
aTI"HCN oJ. ,,"EItHI
COllN.IL
"AL"~I W 80'fI..'., ""A.
January 18, 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Robert J. Morrison, Jr.
1240 Pine Road
Carlisle, PA 17013
IMPORTANT NOTICE
Re: Mellon Bank, N.A.
Loan Account Number: 418-4001388
Dear Mr. Morrison:
I am enclosing a Notice of Default and Intent to Foreclose as
required by and in compliance with the provisions of Pennsylvania
law, more particularly, Act No.6 of 1974, Act of January 30, 1974,
P.L. 13, No. 6, ~101 ~ ~., as amended, 41 P.S. ~101 ~ ~.
THIS NOTICE OF DEFAULT AND INTENT TO EXECUTE IS EXTREMELY
IMPORTANT AND REQUIRES YQUR IMMEDIATE ATTENTION. DEFERRING ACTION
ON THIS NOTICE WILL FORCE THE BANK TO SELL YOUR HOME AT SHERIFF'S
SALE.
Should you have any questions regarding this action, please
contact the undersigned at the above address and telephone number
or an attorney or other advisor of your choice immediately.
Sincerely yours,
o~^--. ~
taudenmaier
for Mellon Bank, N.A.
CJS/bg
Enclosure
l.
,
.-.
I
LAW OFf"ICES
NAUMAN, SMITII. SI1I88LIllll a: JlALL
gAVID c. CATON
....HCI.. O. N...U.....N, .JR.
...OtiN c. aUl-\.IVAH
oJ. aTEflMIN ,.&INOUA
C.....IG .... aTAUDENMAllER
18TH FLOOR
200 NORTH THIRD STRItET
Po Q. Box 840
HARRI~eURO, PeNNSYLVANIA 1710e-0640
TCL.K~HO"'1l
(7171 230.3010
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COUHaCI.
"AI.PH W. DO...I.II:., ......
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IMPORTANT I NOTICE OF DEFAULT AND INTENT TO FORECLOSE UNDER ACT 6
January 18, 1995
In Re: Mellon Bank, N.A.
Account No. 418-4001388
Address:
of Mortgaged:
Property:
1240 pine Road
Carlisle, PA 17013
TOI Robert J. Morrison, Jr.
FROM I Mellon Bank, N.A. (formerly The COJIIIII()nwealth National Bank)
THIS IS A NOTICE OF DEFAULT AND OF THE INTENT OF MELLON BANK,
N.A. TO FORECLOSE ON ~OO'R MORTGAGE. PLEASE READ ALL OF THIS
NOTICE. ,
The Bank holds a Note which is signed by Robert J. Morrison,
Jr. and dated January 14, 1994 in the original amount of
$32,636.65. The Bank also holds a mortgage on a residence at the
above address, securing the agreement.
The mortgage and your Note are in serious default because ~
have failed to nay when due monthly installments of principal and
interest and escrow in the amount of $344.91 each for the months of
September, October, November, December, 1994 and January 1995 and
late charaes of $15.00 for the months of September, October,
November and December. THE TOTAL AMOUNT YOU NOW OWE IS $1784.55.
If the Bank does not receive full payment from you by February
3, 1995, you must add an additional $344.91 for the monthly
installment due on the following day. If the Bank does not receive
full payment of the total described above from you by January 18,
1995, you must add an additional late charge of $15.00.
-
You mav CURE THE DEFAULT and restore the mortaaae and aareement
to the same position as if the default ~a~_ ~':. ~_c~(~~~ld b;; ~~;;;i~a
to us in ful~ the amount of $2129,46 WI~IM~1B~ _~~_ DaxS 2~t~~
the date of the notice. An additional $15,00 will be due if oaid
after January 18. 1995.
Payment of the amount of overdue monthly installments, now
totaling $1724.55 (plus any installment becomes due before the Bank
receives payment, as provided above) must be made by cash.
cashier's check. or certified check. Late Charges, now totaling
$60.00 may be paid by cash or personal check.
Payment must be made at the offices of Nauman, Smith, Shissler
'Hall, 200 North Third Street, Harrisburg, Pennsylvania between
the hours of 8: 30 am and 5: 00 pm, Monday throug~ Friday, or by mail
addressed to Craig J. Staudenmaier, Esquire, Nauman, Smith,
Shissler & Hall, P.O. Box 840, Harrisburg, PA 17108.
If payment is not received within THIRTY (30) DAYS AFTER THE
DATE OF THIS NOTICE, THE BANE HAY, WITHOUT ANY FURTHER NOTICE TO
YOO, DO ANY OF THE FOLLOWINGl
(1) ACCELERATE THE HATURITY DATE OF THE MORTGAGE AND DECLARE
THE ENTIRE AMOUNT OF THE UNPAID PRINCIPAL BALANCE of the mortgage,
which is now $32,276.87 and all other sums due under the mortgage
TO BE IMMEDIATELY DUE AND PAYABLE. This means that, unless you
cure the default in accordance with this notice, you could
immediately owe to us this full sum, plus other sums that may then
be due.
(2) BEGIN LEGAL PROCEEDINGS TO FORECLOSURE UPON THE MORTGAGE
IN WHICH PROCEEDINGS THE SHERIFF HAY SELL THE HOUSE SUBJECT TO ITS
MORTGAGE.
(3) TAKE POSSESSION OF THE PROPERTY, and proceed to have you
ejected from the property.
(4) SUE YOU PERSONALLY FOR THE SAID UNPAID PRINCIPAL BALANCE
and other sums due under the Mortgage and/or Agreement.
WARNING: If you pay the amount more than thirty (30) days
after the date of this notice, and the Bank has referred
this matterto its lawyers for legal action, you may have to
pay an attorney's fee of up to $50.00 and' the cost of the
title search and report, in addition to the other amounts
due, in order to cure the defaul t . Furthermore, if you pay
the amounts due more than thirty (30) days after the date
of this letter and the Bank's lawyers have started legal
proceedings, you may have to pay additional legal expenses,
including court costs and attorney's fees that may exceed
$50.00, in order to cure the default.
.
-
If you pay the amounts due more than thirty (30) days after the
date of this notice, you must contact Craig J. Staudenmaier,
Bsquire, Nauman, Smith, Shissler & Hall at 200 North Third Street,
Harrisburg, Pennsylvania, telephone number (717) 236-3010 to find
out the exact amount you must pay in order to cure the default.
You have the riqht to cure the default at any ttme until one
hour before the Sale on the day your DrODerty is scheduled for
Sheriff Sale. A notice of the date of the Sheriff Sale will be
sent to you before the sale. Please remember, however that the
amounts due will increase the longer you wait to cure the default.
You also have the riqht to sell or transfer your DrODerty
subiect to the Mortqaqe with the Bank's Dermission. and the buyer
or transferee will have the same riqht as you do to cure the
default. You also have the riqht to refinance the Mortqaqe with.
or obtain a new mortqaqe from. another bank or lender.
Any sale, transfer or refinance must be completed by, and
notice thereof must be given on or before one (1) hour before the
time set for the Sheriff's Sale.
You have the right to cure a default, after notice of default
from the Bank, only three (31 ttmes in any calendar year.
SPECIAL NOTICE
Your payment to the bank of less than the total amount you NOW
owe will not cure your default, and while the bank, in its sole
discretion may accept a partial payment, such acceptance will not
waive its right to proceed with any of the remedies described
herein, but will only reduce your total balance owing on the
Mortgage and/or Agreement.
MELLON BANK, N.A.
By:
--
audenmaier, Esquire
Mellon Bank, N.A.
CJS/bg
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IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA
I
MELLON BANK, N.A.,
Plaintiff
'.
Writ No. Term 19
No. 95-5158 Civil Term Term 19 95
v,
Principal
Late Chanles
Interest throullh 3/5/97
Attomevs Fees
$ 32.376,87
90,00
7.326,28
4.500,00
ROBERT J. MORRISON, JR.,
Defendant
TOTAL
$ 44,293. IS
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 318()"3183
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please Issue writ of execution In the above captioned case,
Address of Mortgaged Property: 1240 Pine Road, Carlisle. PemlSylvania 17013
Date: \ d.~ qr.
Craig J.
Supreme rt 10# 34996
NAUMAN, SMITH, SHISSLER & HALL
200 North Third Street
P.O. Box 840
Harrisburg, PA 17108
Telephone: (717) 236-3010
WRIT OF EXECUTION
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF CUMBERLAND )
TO THE CUMBERLAND COUNTY SHERIFF
To satisfy the judgment, interest and costs In the above-captioned case, you are directed to levy
upon and sell the property described in the attached description,
Date:
Prothonotary
by:
Deputy
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MELLON BANK, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 95-5158 CIVIL TERM
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
v.
ROBERT J. MORRISON,
Defendant
NOTICE OF SALE PURSUANT TO PA. R.C.P. 3129.1
TO: Robert J. Morrison, Mortgagor and real owner and all lienholders and other parties in
Interest
PROPERTY TO BE SOLD:
1240 Pine Road
Carlisle, PA 17013
Tax Parcel No. 08(120334)34
Cumberland County
YOU ARE HEREBY notified that Mellon Bank, N.A. has issued an executiDn against
your property with structures erected thereon situated at 1240 Pine Road, Carlisle, PA 17013.
This execution is being Issued pursuant to the judgment of the Court of Common Pleas of
Cumberland County entered against you by Mellon Bank, N.A. on November 15, 1995, to No.
95-5158 Civil Term. Unless the debt, interest, and costs are paid in full prior to the date of
sale, said property will be sold at public sale by the Sheriff of Cumberland County at the
Courthouse In Carlisle, Pennsylvania on March 5, 1997, at 10:00 a.m.
The property to be sold is described in detail In a legal description attached hereto which
sets forth the bDundaries of the property to be sold, together with a brief mention of the
buildings and any other major improvements upon the land. (SEE ATTACHED
DESCRIPTION)
NOTICE Is further given to all parties in interest and claimants that a schedule of
proposed distribution will be filed by the Sheriff of Cumberland County within thirty (30) days
after the sale date above, and distribution will be made in accordance with said schedule unless
exceptions are filed thereto within ten (10) days thereafter.
;..
A copy of the Writ of Execution for your property is attached hereto.
NAUMAN, SMITH, SHISSLER & HALL
denmaler, Esquire
rt ID #34996
200 North Third Street
Post Office Box 840
Harrisburg, PA 17108
Telephone: (717) 236-3010
Counsel for: Mellon Bank, N.A., Plaintiff
cc: All lienhDlders of record
ALL THAT CERTAIN lot of ground with the Improvements thereon erected located on
the south side of the Pine Road, Dickinson Township, Cumberland County, Pennsylvania,
approximately 300 feet East of the Intersection of the Pine Road and Township Road No, 462
and more particularly bounded and described as follows:
BEGINNING at a point on the south side of the Pine Road, which point Is In the westem
line of a larger tract of land now or fonnerly of 1m P. Naugle, of which the tract herein
conveyed was formerly a pert; thence easlwardly along the south side of the Pine RDad 50 feet
to a point; thence southwardly at right angle to said Pine Road 75 feet to a point; thence
westwardly by a line parallel to the southern line of the Pine RDad 50 feet; thence northwardly
by a line perpendicular to the Pine Road, 75 feet to the Place of BEGINNING,
BEING the same premises which William M, O'Hara, single man, by Deed dated
October 28, 1992 and recorded November 5, 1992 in the Office of the Recorder of Deeds in and
for Cumberland County at Carlisle, Pennsylvania, in Deed Book "Z", Volume 35, Page 67,
granted and conveyed to Robert J. Morrison, Jr., single man,
BEING known as Tax Parcel No: 08(120334)34
SEIZED and taken in execution by the Sheriff of Cumberland County tD be sold as the
property of Robert J. Morrison, Jr" mortgagor and real owner, under judgment ND: 95-5158
Civil Tenn In the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania.
NOTICE Is further given to all parties in Interest and claimants, A proposed schedule
of distribution of the proceeds of the above sale will be flied by the Sheriff of Cumberland
County, Pennsylvania on 1997, and distribution of said proceeds will be made
in accordance with said proposed schedule of distribution unless exceptions are flied thereto
within ten (10) days thereafter.
~
MELLON BANK, N,A.,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
NO.: 95-5158 CIVIL TERM
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
ROBERT J. MORRISON,
Defendant
AFFIDAVIT PURSUANT TO PA. R.C.P. 3129.1
Mellon Bank, N.A., Plaintiff in the abDve captioned prOCt'.eding, sets forth as of the date the
Praecipe for Writ of Execution was filed, the following InformatiDn concerning the real prDperty
located at 1240 Pine Road, Carlisle, Cumberland County. Pennsylvania 17013.
I. Name and last known address of Owner(s) or Reputed Owner(s):
Robert J. Morrison
522 Springfield Road
Shippensburg, PA 17257
2. Name and address of Defendant(s) in the judgment:
Same as No. I above,
3. Name and last known address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
None.
4. Name and address of the last recorded holder of every mortgage of record:
Mellon Bank. N.A.
(executing creditor)
cIa Nauman, Smith, Shissler & Hall
200 North Third Street
Post Office Box 840
Harrisburg, PA 17108
AttentIon: Craig J. Staudenma1er, Esquire
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO,: 95-5158 CIVIL TERM
MELLON BANK. N.A"
Plaintiff
ROBERT], MORRISON,
Defendant
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSUANT TO PA. R.C.P. 3119.2(c)(Z)
AND NOW, this 10th of December, 1996, Craig J. StaudenmaIer, Esquire, of the firm
of NAUMAN, SMITH, SHISSLER & HALL, attorneys for Mellon Bank, N,A., Plaintiff,
hereby certifies that he served the person(s) listed below whose names appear in the Affidavit
filed in this proceeding pursuant to Pa, R,C,P, 3129.1 with the Notice of Sale and legal
description of the property to be sold also filed in this matter by depositins the same in the
United States Mall at the Post Office In Harrisburg, Pennsylvania, first class, with certificates
of mailing (postal forms 3817) and contained within envelopes bearing his return address.
Caples of these certificates of mailing are attached hereto and marked Exhibit(s) "A".
Cumberland County Tax Assessment Office
One Courthouse Square
Carlisle, PA 17013
NAUMAN, SMITH, SHISSLER & HALL
.
Craig J. udenmaIer, Esquire
Supreme ourt ID #34996
200 North Third Street
P.O, Box 840
Harrisburg, PA 17108
(717) 236-3010
Counsel for: Mellon Bank. N .A" Plaintiff
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HA'''U8au"o. PENN8YLVANIA 17'08-0840
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v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 95-5158 CIVIL TERM
MELLON BANK, N.A.,
Plaintiff
ROBERT J. MORRISON,
Defendant
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
AFFIDA VIT OF NON.MILlTARY SERVICE
I, Craig J. Staudenmaier, Esquire, attorney for Mellon Bank, N.A., Plaintiff, hereby
state that, to the best of my knowledge, information and belief, Robert J. Morrison, Defendant,
is not currently In the military or naval service, based upon the following facts: Last known
place of Residence:
Rob:rt J. Morrison
522 Springfield Road
Shippensburg, PA 17257
I verify that the statements made in this Affidavit are true and correct. I understand that
false statement herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn
falsification to authorities.
udenmaler, Esquire
SMITH, SHISSLER & HALL
Date: December 11, 1996
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THIS NOTICE IS GIVEN PURSUANT TO RULE 3129.1 OF THE PENNSYLVANIA
RULE OF CIVIL PROCEDURE. TillS PAPER IS A NOTICE OF THE TIME AND PLACE
OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE MELLON
BANK, N.A. HAS ENTERED A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR
PROPERTY TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. YOU MAY HAVE
LEGAL RIGHTS TO PREVENT YOUR PROPERTY FROM BEING TAKEN. A LAWYER
CAN ADVISE YOU MORE SPECIFICALLY OF THE RIGHTS YOU MA Y HAVE. IF YOU
WISH TO EXERCISE YOUR RIGHTS, YOU SHOULD DO SO IMMEDIATELY. IF YOU
HA VE ANY QUESTIONS CONCERNING THIS NOTICE OR YOUR RIGHTS REGARDING
THE SALE OF YOUR PROPERTY, YOU SHOULD TAKE THIS PAPER TO YOUR
LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN OBTAIN LEGAL HELP.
Cumberland County Lawyer Refcrral Scrvlce
Court Administrator
Cumberland County Courthouse
Carllslc, Pcuusylvanla 17013
Telcphone No: (717) 240-6200
YOU MAY HAVE THE FOLLOWING LEGAL RIGHTS IN THIS PROCEEDING:
I. You may file a petition with the CDurt of Common Pleas of Cumberland County to
open the judgment if you have a meritorious defense against the person or cDmpany that has
entered judgment against you. You may also file a petition with the same Court if you are
aware of a legal defcct in the obligation or the procedure used against you.
2. After the Sheriff's sale you may filc a petition with the Court of Common Pleas Df
Cumberland County to set aside the sale for a grossly inadequatc price or for other proper cause.
This petition must be tiled bcfore thc Sheriff's Deed is delivered.
3. These rights must be asserted by filing a petition or petitions raising the legal issues
or rights mentiDned above with the Court of Common Pleas of Cumberland CDunty located in
Carlisle, Pennsylvania. If you have any questions concerning these rights 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 above.
A copy of the Writ Df Execution for your property is attached heretD.
NAUMAN, SMITH, SHISSLER & HALL
Craig J. S denmaler, Esquire
Supreme Curt ID #34996
200 North Third Street
Post Office Box 840
Harrisburg, PA 17108
Telephone: (717) 236-3010
Counsel for: Mellon Bank, N.A., Plaintiff
cc: All lienholders of record
,
5. Name and address of every other person who has any record lien on the property:
None.
6. Name and address of every other person who has any record Interest In the property
and WhDSe interest may be affected by the sale:
None.
7. Name and address Df every other person of whom the Plaintiff ha~ knowledge who
has any Inl.erest In the property which may be affected by the sale:
Cumberland County Tax Assessment Office
One CDurthouse Square
Carlisle, PA 17013
I, Craig J. Staudenmaier, Esquire, attorney for Mellon Bank, N.A. hereby state that the
statements made in this affidavit are true and correct to the best of my personal knDWledge or
information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification tD authorities.
NAUMAN, SMITH, SHISSLER & HALL
Date: 3) sf 90
MELLON BANK, N.A"
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO,: 95-5158 CIVIL TERM
ROBERT J. MORRISON,
Defendant
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSUANT TO PA. R.C.P. 3129.2(cH2)
AND NOW, this Pi" of t::!(lrrh , 1996, Craig J.
Staudenmaler, Esquire, of the finn of NAUMAN, SMITH, SHISSLER & HALL, attorneys
for Mellon Bank, N ,A" Plaintiff, hereby certifies that he served the person(s) listed below
whose names appear in the Affidavit filed In this proceeding pursuant to Pa, R.C.P. 3129.1 with
the Notice of Sale and legal description of the property to be sold also filed In this matter by
depositing the same in the United States Mail at the Post Office in Harrisburg, Pennsylvania,
first class, with certificates of mailing (postal forms 3817) and contained within envelopes
bearing his return address. Copies of these certificates of mailing are attached hereto and
marked Exhibit(s) "A".
Cumberland County Tax Assessment Office
One Courthouse Square
Carlisle, PA 17013
NAUMAN, SMITH, SHISSLER & HALL
enmaler, Esquire
ID #34996
200 North Third Street
P.O, Box 840
Harrisburg, PA 17108
(717) 236-3010
Counsel for: Mellon Bank, N.A" Plaintiff
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ALL THAT CERTAIN lot of ground with the improvements thereon erected located on
the south side of the Pine Road, Dickinson Township, Cumberland County, Pennsylvania,
approximately 300 feet East of the intersection of the Pine Road and Township Road No, 462
and more particularly bounded and described as follows:
BEGINNING at a point on the south side of the Pine Road, which point Is In the western
line of a larger tract of land now or fonnerly of Ira P. Naugle, of which the tract herein
conveyed was formerly a pen; thence eastwardly along the south side of the Pine Road 50 feet
to a point; thence southwardly at right angle to said Pine Road 75 feet to a point; thence
westwardly by a line parallel to the southem line of the Pine Road 50 feet; thence northwardly
by a line perpendicular to the Pine Road, 75 feet to the Place of BEGINNING,
BEING the same premises which Wi\1lam M. O'Hara, single man, by Deed dated
October 28,1992 and recorded November 5, 1992 In the Office of the Recorder of Deeds In and
for Cumberland County at Carlisle, Pennsylvania, In Deed Book "Z", Volume 35, Page 67,
granted and conveyed to Robert J. Morrison, Jr" single man,
BEING known as Tax Parcel No: 08(120334)34
SEIZED and taken In execution by the Sheriff of Cumberland County to be sold as the
property of Robert J, Morrison, Jr., mortgagor and real owner, under judgment No: 95-5158
Civil Tenn In the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania.
NOTICE Is further given to all parties in interest and claimants, A proposed schedule
of distribution of the proceeds of the above sale will be filed by the Sheriff of Cumberland
County, Pennsylvania on July 3, 1996, and distribution of said proceeds will be made In
accordance with said proposed schedule of distribution unless exceptions are filed thereto within
ten (10) days thereafter.
'.
I hereby certify that a Notice of Intent to take a default judgment was forwarded to
Defendant, Robert 1. Morrison, Ir. by United States Mail, First Class, Certificate of Mailing
(PDstal Ponn 2817) postage prepaid on October 25, 1995 addressed to Robert 1. Morrison, Ir..
522 Springfield Road, Shippensburg, Pennsylvania 17527. The aforesaid Notice was contained
within an envelope bearing the return address of the undersigned. The Notice has not been
returned to the undersigned as undeliverable Dr otherwise, A CDPy of the Notice and PDstal
Fonn 3817 is hereto attached and marked as Exhibits "A" and "B" respectively,
(I
--
NOTICIA IMPORTANTE
TO: ROBERT J. MORRISON, JR.
USTED NO HA CUMPLlDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN
TOMAR MEDlDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO
DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN PALLO SEA
REGlSTRADO CONTRA USTED SIN UNA AUDlENCIA Y USTED PODRIA PERDER SU
PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA
A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE
ABOGADO. V A Y A 0 LLAME A LA OFICINA ESCRIT A ABAJO PARA A VERIGUAR EN DONDE
USTED PUEDE OBTENNER LA A YUDA LEGAL,
COURT ADMINISTRATOR
Cumberland County Courthouse
1 Courthouse Square
4th Floor
Carlisle, PA 17013
Telephone No.: (717) 240-6200
NAUMAN, SMITH, SHISSLER & HALL
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CraIg J. Stal'~ nmaler, Esquire
Supreme Cml!l1D #34996
200 North Third Street
P.O. BOlt 840
Harrisburg, PA 17108
(717) 236-3010
Counsel for: Mellon Bank. N,A., Plaintiff
.
Affix f.. hlr.1n ItamPl
Of mlt., POI1lg, and
polt mlrtt. Inqulr. Of
POltm..'" lor CUfflnt
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CPO I 1993 0 - 151-051
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-
MELLON BANK, N,A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 95-5158 CIVIL TERM
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
v,
ROBERT J. MORRISON,
Defendant
AFFIDA VIT OF NON-MILITARY SERVICE
I, Craig J. Staudenmaier, Esquire, attorney for MellDn Bank, N.A., Plaintiff, hereby
state that, to the best of my knowledge, information and belief, Robert J. Morrison, Defendant,
is nDt currently in the military or naval service, based upon the following facts: Last known
place of Residence:
Robert J. MorrisDn
522 Springfield Road
Shippensburg, PA 17257
I verify that the statements made in this Affidavit are true and correct, I understand that
false statement herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn
falsification to authorities.
o
Craig J. Stau nmaler, Esquire
NAUMAN, S ITH, SHISSLER & HALL
Date: ,,\ <\ ( t,-
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO,: 95-5158 CIVIL TERM
MELLON BANK, N.A.,
Plaintiff
ROBERT J, MORRISON, JR,
Defe;ndant
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE OF JUDGMENT
TO: ROBERT J. MORRISON, JR.
You are hereby notified that on Ylt11J, /~
judgment has been entered against you in the above captioned case:
, 1995, the following
Judgment In favor of Plaintiff, MellDn Bank, N.A., and against Defendant, Robert J.
Morrison, Jr. in the amDunt of $35,439,15, plus interest in the amount of $8,20 per day from
September 13, 1995, plus costs, attorneys fees and for foreclosure and sale of the mortgaged
property located at 1240 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013.
Judgment was entered pursuant to Pa. RC,P, 1047 for failure of Defendants to file an Answer
tD Plalntifrs Complaint within twenty (20) days of service thereof.
Dated:
1/ I ,~/95
1<;/ ~.Lh'''ta (. ~
Prothonotary I/! L
I hereby certify that the proper persons to receive this notice under Pa. R,C.P. 236 are:
Robert J, Morrison
522 Springfield Road
Shippensburg, PA 17257
A ROBERT J. MORRISON, JR., Defendldos/as
Par este medio se Ie esta nOllflcando que el de
del 1995, ellla slguiente Fa\1o ha sido anotado en contra suya en el cnso mencionado en el
eplgrafe.
FECHA:
Protonotnrio
Certiflco que la slgulenle direcclon cs la del dcfendldo/a segun indlcada en el certificado
de resldencla:
Robert J, Morrison
522 Springfield Road
Shlppensburg, PA 17257
Abogado del Demandnnte
NAUMAN, SM~TH. SHISSLER AND HALL
enmaler, Esquire
rt 10# 34996
200 North Third Street
P,O, Box 840
Harrisburg, PA 17108-0840
Telephone: (717) 236-3010
Counsel fDr: Mellon Bank. N,A" Plaintiff
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Mellon Bank, N,A,
vs,
Robert J, Morrison Jr,
In thc Court of Common Pleas of
Cumbcrland County, Pcnnsylvania
Writ No, 95-5158 Civil Term
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, says he posted
the property of Robert J, Morrison Jr, at 1240 Pine Road, Carlisle, Cumberland County,
Pennsylvania with a copy of Real Estate Writ Notice poster and Description according to law,
Timothy Reitz, Deputy Sheriff, who bcing duly swam according to law, says on January
16,1997 at 5:28 o'clock P,M" E,S,T" he served a truc copy of Real Estatc Writ, Noticc poster
and Description in the above entitled action upon thc within named defendant, to wit: Robert J,
Morrison Jr. by making known unto Helen Heberlig Grandmother of Robert J, Morrison Jr. at
522 Springfield Road, Shlppensburg, Cumberland County, Pcnnsylvania, its contents and at the
same time handing to her personally the said true and attested copies of the same,
R. Thomas Kline, Sheriff who being duly sworn according to law, says that he served Real
Estate Writ, Notice, poster and Description in the following manner: The Sheriff mailed thc
within named defendant. to wit: Robert J, Morrison a notice of the pendency of the action
by regular mail to his last known address at 522 Springfield Road, Shippensburg, Pennsylvania
17257. This letter was mailed under the date of January 17, 1997 and was never retumed to the
Sheriff's Office,
R. Thomas Kline, Sheriff, who being duly swam according to law, says that after due and
legal notice had been given according to law, exposed the within described premises at public
venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania on March 5,
1997 at 10:00 o'clock E.S.T" and sold the same for the sum of $ \.00 to Attorney Craig J,
Staudenmaler for Mellon Bank, N,A. Its successors and assigns at Two Mellon Bank Center
Room 152-AB50 Pittsburgh Pa, 15259-000\. It being highest bid and the best price received for
the same Mellon Bank, N.A" Its successors and assigns at Two Mellon Bank Center Room 152.
AB50, Pittsburgh, Pa. 15259-000 I being the buyer in this Execution paid Sheriff R, Thomss
Kline the sum of $3,892,23 it being poundage stamps etc. Sheriff's Costs listed below, See
attached distribution sheet for additional costs,
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Dced
Auctioneer
Law Library
County
Mileage
Cert Mail
Levy
Surcharge
Law Journal
Patriot
30,00
76.32
15,00
15,00
30,00
10,00
,50
\.00
16,74
,98
15.00
4,00
282.50
269.50
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MELLON BANK, N.A.,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 95-5158 CIVIL TERM
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
ROBERT J. MORRISON,
Defendant
AFFIDA VIT PURSUANT TO PA. R.C.P. 3129.1
Mellon Bank, N.A., Plaintiff in the above captioned proceeding, sets forth as of the date the
Praecipe fer Writ Df Execution was filed, the following information concerning the real property
located at 1240 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013.
I. Name and last known address of Owner(s) or Reputed Owner(s):
RDbert J, Morrison
522 Springfield Road
Shippensburg, PA 17257
2. Name and address of Defendant(s) in the judgment:
Same as No. I above.
3. Name and last known address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
None.
4. Name and address of the last recorded holder of every mortgage of record:
Mellon Bank, N.A.
(executing creditor)
c/o Nauman, Smith, Shissler & Hall
200 NDrth Third Street
Post Office Box 840
Harrisburg, PA 17108
Attention: Craig J. Staudenmaler, Esquire
THIS NOTICE IS GIVEN PURSUANT TO RULE 3129.1 OF THE PENNSYLVANIA
RULE OF CIVIL PROCEDURE. THIS PAPER IS A NOTICE OF THE TIME AND PLACE
OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE MELLON
BANK, N.A. HAS ENTERED A JUDGMENT AGAINST YOU, IT MAY CAUSE YOUR
PROPERTY TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. YOU MAY HAVE
LEGAL RIGHTS TO PREVENT YOUR PROPERTY FROM BEING TAKEN. A LAWYER
CAN ADVISE YOU MORE SPECIFICALLY OF THE RIGHTS YOU MAY HAVE. IF YOU
WISH TO EXERCISE YOUR RIGHTS, YOU SHOULD DO SO IMMEDIATELY. IF YOU
HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR YOUR RIGHTS REGARDING
THE SALE OF YOUR PROPERTY, YOU SHOULD TAKE THIS PAPER TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN OBTAIN LEGAL HELP.
Cumberland County Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone No: (717) 240..(j200
YOU MAY HAVE THE FOLLOWING LEGAL RIGHTS IN THIS PROCEEDING:
1. You may file a petition with the Court of Common Pleas of Cumberland County to
open the judgment if you have a meritorious defense against the person or company that has
entered judgment against you. You may also file a petition with the same Court if you are
aware of a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriff's Deed is delivered.
3. These rights must be asserted by filing a petition or petitions rhising the legal issues
or rights mentioned above with the Court of Common Pleas of Cumberland County located in
Carlisle, Pennsylvania. If you have any questions concerning these rights 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 above.
.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 95-5158 CIVILD..:mBM
CIVIL ACTION. LAW
TO THE SHERIFF OF ('lInr.>r1 Ann COUNTY:
To satisfy the debt, Interest and costs due M"l1nn l1;mk. N. ^. 10 South Market SQuare.
Harrisbura. Pa. 17101 PLAINTIFF(S)
from Robert J. Morrison. Jr. 1240 Pine Road. Carlisle. Pa. 17013
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell Mortgaged Prqpertv
1740 Pin" ROAn. CArlisi". Pennsylvania. 17013
(2) You are also directed to aUach the property of the defendant(s) not levied upon In the possession of
GARNISHEE(S) as follows:
and to nomy the garnlshAe(s) that: (a) an attachment has been Issued; (b) the garnlshee(s) Is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof:
(3) If property of the defendant(s) not levied upon an subject to aUachmentls found In the possession of anyone other
thana named gamlshee, you are directed to notlly him/her that he/she has been added as a garniShee and Is enjoined as above
stated.
ArnountOue ~17/176~R7
Interest througli 3 5/9,
Interest ~7 ,126. 2R
Atty's Comm % $4 ~no 00
AUy Paid 902.30
PlalnUtt Paid
L.L.
Due Prothy
Other COStS
51.00
Late Charges
90.00
Dale: n.>"""'r.>r 11. 19%
Lawrence E. Welker
P,olhonotary, Civil Division
by: G-.r....... {2 Yk.. it. .
Depuly
REQUESTING PARTY:
NAUo1J\N, SMI'IlI, SHISSLER Eo ~L
Name Craia J. Staudenmaier. ESQ.
Address: 700 Nnrth Thirn StrPet. P.O. Bm' 840
Harrisburg.Pa. 17108
Attorney for: Plaintiff
Telephone: 17171 236-3010
Supreme Court 10 No. 34996
Proof of Publication of Notite in The Patriot and The Evening News
and The Sunday Patriot-News
Uade. .4.d Ho. 511. t\ppro,.ett ara)' tet 10:10.
Commonwealth 01 Penn8ult'nnia, }
County 01 nauJ:lIin ..:
..............................NJ.~.l1~.~.L.~.I.~~r.F..~!:'..........................belnlf duly sworn according to law, deposea and says:
Asst. Cuntroller
That he la the ............................of THE PATRIOT- Nf;WS CO.. a corporation organized and exlstlnll'
under the Jawa of the Commonwealth of Penns)'lvanla, with Its principal office and place of business at
812 to 818 Market Street, in the City of Harri.burg, COllnty of Dauphin, State of Pennsylvania, owner
and publiaher of THE PATRIOT and THF: EVF:NING NEWS and the SUNDAY PATRIOT. NEWS
newspapers of lI'enera! clrculatlon, printed and Pllbllshed at 812 to 818 Market Street, In the City,
County and State aforesaid: that THE PATRIOT and THE EVENING NEWS and the SUNDAY
PATRIOT. NEWS were established March 4th, 1854, and February 15th. 1917 and September 18th,
1949, respectlve!y, and ali have been contlnuously published ever since;
That the printed notice or publlcatlon which Is eecurely attached hereto Is exactly as printed and
Metro West 21st and 28th days
publiehed In their replar Aldltions and iesues which appeared on the ..........................................................
....9.J....\!~.!l.':!~.F..Y....~.~S1....~!:.~...~.~!:\...g.';I.X...9.~...~~!:.~:';.!!.';I.!:.y.....~.?.?.Z.:.................................................................
That neither he nor said Company is interested In the subject matter of eaid printed notice or adver-
tlsln&,. and that all of the allegations of this etatement as to the time, place and character of publIcation
are true: and
That he haa peraonal knowledge of the facte aforesaid and Is duly authorized and empowered to
verify thla statement on behalf of The Patrlot.Newe Co. aforeaald by virtue and pursuant to a resolu-
tion unanimously passed and adopted eeverally by the stOCkhrrrS an hoard of directors of the said
Company and eubsequently duly r~vrded in the office for the R r~ Ing , Deeds in and for said County
of Dauphin In Mi""ell.neou.Book "M". Volume II. P.~. 317. ' /
Copy of Notice or Publication ..................................... .. {lli.....,.......................
:..1":'" '1IAI.IITAlIIAIINo.ll Sworn to and subscribed me th~ 1. ....day of
'."1.. WIlI~~'" F.e.bX:UilX:YA. ....~.....\..ril.. ....... ':-'~ .1.t2a/(
MlIIon IOnII N.A. lorry L. FW.. l.1ry Pu tory Public '
.' 111 Harrisburg. Dauphin C V
'i' ....IlaJ!!!t}J,~~~Jr..... My commi' lYli"!.~.!I!'.l)I!!"".l)ft.v,.!.QAA.. ...........
.I~=.-~~~~ Statem';lii"'oT'A'CIYertlsffti Costs
"!9I::aled on tile IIde of tile PIne
JRoad. Dlckl on ~ Cumberlanrl County Sheriffs Office
.~~C~%J East of the ....Ca.j:'i'i's'iEi.;.......P!i.:......r7oT3............................
"lnhillllcflonof tile PIne Rood CI'Id ..................................................................................
!TowrvI1Ip Rood No. A62 and more To THE PATRIOT-NEWS CO., Dr.
~ boIn:Ied and desCllbed
'OIfcIowI: For publIshing the notice or publication attached hereto on the
, BEGlN/IIING .at o,poInt on tile soultl 268 . 50
above stated datee - $............................
Probating aame $................~.:.~.~..
269.50
S ALE # 11 Total $............................
Publisher's Receipt for Advertising Costs
THE PATRIOT.NF:WR CO., Pllbli.her nf TIlF. PATRIOT an,1 THF. F.VENING NF.WS and the
SUNDAY PATRIOT.NEWS, rwwspllpers of general c1rcullltlon, her'eby ncknowledlle receIpt of the
aforesaid notice and publication costs and certifies that the snme have been duly paid.
TilE PATRIOT.NEWS CO.
Ry ..............,...,.,.....,........................"................................
t1
(j
NOV Z 0 1996
'itf'':i/l-V
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Tim~ -_-M1.-!"M.
UNITED STATES BANKRUPTCY C
MIDDLE D1STRICf OF PENNSYL
IN RE: ROBERT J. MORRISON,
Debtor
CHAPTER 13
I,' '/
.i
MW I 91996
MELLON BANK, N.A,
Movant
~ot ^. :...l1..' , .
Clu", ClhhCl c,,":"U'''. cou.;; .:. .
Pe,_ ,.. .'t.;'.'
De u Clark
NO. 1-96-01419
v.
ROBERT J. MORRISON and CHARLES J.
DEHART, III, ESQUIRE,
Respondents AUTOMATIC STAY
ORDER
AND NOW, this
1'1 d
day of
~... Ci' JJ~ L__
, 1996, upon
consideration of the foregoing Motion for Relief from The Automatic Stay fLIed by Mellon Bank, N ,A,
it is hereby ordered that the Automatic Stay is hereby lifted in this proceeding as to Mellon Bank, N.A.
and the debt owed by Robert J. Morrison, Debtor, secured by a mortgage dated January 14, 1994, and
the property subject to this mortgage known 1240 Pine Road, Carlisle, Cumberland County,
Pennsylvania. It is further ordered that Mellon Bank, N.A. be free to exercise its rights against said
properties under the applicable mortgage, contract and law.
BY THE COURT:
II' Robert l,'.WOIdIkI.
ROBERT J. WOODSIDE, BANKRUPTCY JUDGE
5, Name and address of every other person who has any record lien on the property:
None.
6. Name and address of every other person who has any record interest in the property
and whose interest may be affected by the sale:
None.
7. Name and address of every other person of whom the Plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Cumberland County Tax Assessment Office
One Courthouse Square
Carlisle, PA 17013
I, Craig J. Staudenmaier, Esquire, attorney for Mellon Bank, N,A. hereby state that the
statements made in this affidavit are true and correct to the best of my personal knowledge or
information and belief, I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities.
NAUMAN, SMITH, SHISSLER & HALL
Date:3} BI90
THIS NOTICE IS GIVEN PURSUANT TO RULE 3129.101' TilE PENNSYLVANIA
RULE OF CIVIL PROCEDURE, TillS PAPER IS A NOTICE OF THE TIME AND PLACE
OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE MELLON
BANK, N.A, HAS ENTERED A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR
PROPERTY TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. YOU MA Y HAVE
LEGAL RIGHTS TO PREVENT YOUR PROPERTY FROM BEING TAKEN. A LAWYER
CAN ADVISE YOU MORE SPECIFICALLY OF THE RIGHTS YOU MAY HAVE, IF YOU
WISH TO EXERCISE YOUR RIGHTS, YOU SHOULD DO SO IMMEDIATELY. IF YOU
HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR YOUR RIGHTS REGARDING
THE SALE OF YOUR PROPERTY, YOU SHOULD TAKE THIS PAPER TO YOUR
LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN OBTAIN LEGAL HELP.
Cumberland County Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carll~le, Pennsylvania 17013
Telephone No: (717) 240-6200
YOU MA Y HAVE TilE FOLLOWING LEGAL RIGHTS IN THIS PROCEEDING:
1. You may file a petition with the Court of Common Pleas of Cumberland County to
open the judgment if you have a meritorious defense against the person or company that has
entered judgment against you. You may also file a petition with the same Court if you are
aware of a legal defect in the obligation or the procedure used against you.
2, After the Sheriff's sale you may tile a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause,
This petition must be filed before the Sheriff's Deed is delivered,
3. These rights must be asserted by filing a petition or petitions raising the legal issues
or rights mentioned above with the Court of Common Pleas of Cumberland County located in
Carlisle, Pennsylvania, If you have any questions concerning these rights 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 above.
.
A copy of the Writ of Execution for your property is attached hereto.
NAUMAN, SMITH, SIIISSLER & HALL
Craig J. S denmaler, Esquire
Supreme Curt ID #34996
200 North Third Street
Post Office Box 840
Harrisburg, PA 17108
Telephone: (717) 236-3010
Counsel for: Mellon Bank, N.A., Plaintiff
cc: All lienholders of record
LAW Or-FleES
.
N.....I1~IAN. lSl'UTU. tJUIHIiILIllU a. "ALL
~
.
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200 NORTH Ttl.IJtD STRE!T
-
p, O. Bo~ e040
HARRISBURG, PENNSVLVANIA 17108.0840
MELLON BANK, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 95-5158 CIVIL TERM
v,
ROBERT J. MORRISON,
Defendant
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
AFFIDAVIT OF NON-MILITARY SERVICE
I. Craig J, Staudenmaier, Esquire, attorney for Mellon Bank, N.A" Plaintiff, hereby
state that, to the best of my knowledge, information and belief, Robert J. Morrison, Defendant,
is not currently in the military or naval service, based upon the following facts: Last known
place of Residence:
~.-'l . .
,-:
. ,
1
Robert J. Morrison
522 Springfield Road
Shippensburg, PA 17257
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I verify that the statements made in this Affidavit are true and correct.
false statement herein are made subject to the penalties of 18 Pa.C,S. ~4904, relating to unsworn
falsification to authorities.
e maler, Esquire
ITH, SHISSLER & HALL
Date: ,3/ B IC/'='
WRIT OF EXECUTION and/or ATTACHMENT
,
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO, 95-5158 CIVIL 19< Tenn
CIVIL ACTION. LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
Mellon Bank, N.A.
To satisfy the debt, Interest and costs due
PLAINTlFF(S)
from_ R"r.>rt ,1 Ml"lrrh,nn .Jr.
1240 pine Rd.
Carlisle. PA 17013
(1) You are directed to levy upon the property of the defendant(s) and to sell
see legal description
DEFENDANT(S)
(2) You are also directed to allach the property 01 the defendant(s) not levied upon In the possession of
GARNISHEE(S) as follows:
and to notny the garnlshee(s) that: (a) an attachment has been Issued; (b) the garnlshee(s) Istare enjoined from paying any
debt to or for the account of the delendanl(s) and from delivering any property of the defendanl(s) or otherwise disposing
thereof;
(3) If property of thedefendant(s) not levied upon an subject to allachment Is found In the possession of anyone other
than a named garnishee, you are directed to notily hlm/herthal he/she has been added as agarnlshee and Is enjoined as above
stated.
Amount Due $32.376. B7
Interest throuah 6/5/96 $5,153.4B
Atty's~ Fees $2200.00
Ally Paid $ Illl 28
Plalntllf Paid
L.L.
Due Prothy
Other Costs
Late Charges
$.50
$1.00
590.00
Date: MarC".h 13. 1996
Lawrence E. Welker
Prolhonotary, Civil Division
REQUESTING PARTY:
NAUMAN, SMITH, SllISSLER & "ALL
Name Craig J ~taudQnwpio~1 F51
Address: 200 N. 'l'hird St. P.O. I30x B40
IIArriRhllrg, PA 17108
Attorney for: PI" i nti ff
Telephone: (7171 716-1010
Supreme Court 10 No, ----3A9.96
by: "7..-.../ k' ~A;. /H
Depuly