IN RE MESSINGER

Bankruptcy Nos. 5-01-02895, 5-01-03215, 5-01-02895. Adversary Nos. 5-01-00171A, 5-01-00265A, 5-01-00257A.

281 B.R. 568 (2002)

In re Dean A. MESSINGER and Cynthia Messinger, Debtors. William G. Schwab, Esquire, Chapter 7 Trustee, Plaintiff, v. Home Loan and Investment Bank, FSB, Defendant. In re Maurice Santos and Jean Santos, Debtors. William G. Schwab, Esquire Chapter 7 Trustee, Plaintiff, v. Dauphin Deposit Bank and Trust Company, and Allfirst, Bank, Defendants. In re George J. Durinko, Debtor. William G. Schwab, Esquire, Chapter 7 Trustee, Plaintiff, v. Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co. of Pennsylvania, Defendant.

United States Bankruptcy Court, M.D. Pennsylvania, Wilkes-Barre Division.

May 8, 2002.


Attorney(s) appearing for the Case

William G. Schwab, Lehighton, PA, trustee in bankruptcy.

William J. Levant, Kaplin, Stewart, Meloff, Reiter & Stein, P.C., Blue Bell, PA, for defendant Home Loan and Investment Bank, FSB.

Michael D. Muffley, Jim Thorpe, PA, for debtors Dean A. Messinger and Cynthia Messinger.

Scott A. Dietterick, James, Smith, Durkin & Connelly, LLP, Hershey, PA, for defendant Dauphin Deposit Bank and Trust Co.

James R. Kilker, Pottsville, PA, for debtors Maurice Santos and Jean Santos.

Joseph F. Riga, Whittlesey, McDowell & Riga, Maple Shade, NJ, for defendant Beneficial Consumer Discount Co.

David S. Gellert, Reading, PA, for debtor George J. Durinko.


OPINION1

JOHN J. THOMAS, Bankruptcy Judge.

The above-captioned cases, although unrelated, present the same legal issue: whether personal appearance before a notary is necessary for a valid acknowledgment on a mortgage.2 An individual discussion of the factual background and procedural history of each case is warranted for an understanding of this decision.

IN RE: MESSINGER...

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