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HomeMy WebLinkAbout97-04144 ~ ~ '4 ~ \.I ~ ') ~ ~ )l ~ ~ ~ \J ~ Q.. ! I ~ ~i . ~' ,I ! SHERIFF'S RETURN - NOT FOUND CASE NO: 1997-04144 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK N A VS. JONES HUGH R ET AL R. Thomas Klin.. to law. says, that he made a . Sheriff. who being duly sworn according diligent s..arch and inquiry for the within named defendant. to wit: JONES HUGH R but was unabl.. to locate H1m in his bailiwlck. He therefore r..turns the COMPLAINT - EJECTMENT NOT FOUND. as to the within named d..fendant JONES HUGH R DEFT. MOVED TO 6265 STANFORD CT.. MECHANICSBURG. SEVERAL ATTEMPTS AT SERVICE WERE MADE. PAPER EXP. Sheriff's Costs I Docketing S..rvice Affidavit Surcharge So answers: 6.00 .00 .00 2.00 R. Thomas 1\11.ne, SherU:! $8.00 NAUMAN SMITH SHISSLER' HALL 08/28/1997 Sworn and subscribed to before me this day of 19 A. D. rrothonotU'l . . . . LAW O"F'ICES NAU".AN. 81'1ITII. f:lIIIIIIILIIlH ,. UALL 200 NORTH THIRD Sfft"" p, 0, BOl< 8"0 HARRISBURG, PENNSYLVANIA 17108'0e..O ::-"-'r-i'~~-- .n'-':',",,",-;.<i..t;:;*7:'j^r;;-AAf'~1I'1Iii;;t$F! .. <I'll . . t , ,..- . . , ..~... 10. On May 31, 1997, Defendants failed 10 deliver possession of Ihe premises 10 PNC, By letters dated June 6, 1997, addressed 10 Hugh R, Jones and Sharon L, Jones, 6339 Pennsboro Drive, Mechanisburg, Pennsylvania 17055, PNC made formal demand upon Defendants 10 vacate the premises pursuant to the deed and the prior agreement. 11. Defendants received delivery of said nOlices instructing them 10 remove themselves and their belongings by June 16, 1997, Copies of the aforesaid lellers are attached hereto and marked Exhibit .C. along with the mailing receipts, postal fonns 3817, evidencing the mailing of said letters marked Exhibit .0., 12, Defendants have failed and refused and continue to fail and to refuse 10 deliver possession of the premises to PNC, WHEREFORE. PNC Banlc, N,A" Plaintiff, demands judgment in its favor and against Hugh R, Jones and Sharon L, Jones, lid" Defendants, as follows: (a) that Hugh R. Jones and Sharon L, Jones, Defendants. or any others in possession of subject property by or through them immediately remove themselves and their belongings from the premises, and that the Sheriff of Cumberland County be ordered to assist PNC in removing Defendants and their belongings. with use of such force as is reasonably necessary, if they shall refuse to voluntarily do so; (b) that PNC shall be granted sole and exclusive possession of the subject property as the litled owners of the premises under the applicable Deed recorded in the OffICe of the Recorder of Deeds of Cumberland County on May IS. 1997, (c) that judgment be entered in favor of PNC and against Hugh R, Jones and Sharon . OEe 30 199Gt JORDAN D. CUNNINGHAM ROBERT E. CHERNlCOFF DEBORAH L PACKER PAIGE MACDONALD.:.lATTHES MARC W. WITZIG EDWIN A.D. SCHWARTZ CUNNINGHAM & CHERNICOFF, r.c. ATTORNEYS AT LAW 2320 NORTH SECOND STREET P.O. BOX 60457 HARRISBURG, PENNSYLVANIA 17106.0457 HER5HEY TElEI'HO:<.'E (717) S34.2lI33 IRS NO. 23.2274135 TElEPliONE (717) 238-6570 FAX (717)~1lO9 December 27, 1996 Craig J. Staudenmaier, Esquire NAUMAN, SMITH, SHISSLER & HALL 200 North Third Street P. O. Box 840 Harrisburg, PA 17108-0840 RE: Ruah and Sharon Jon.s Dear Craig: Enclosed is an executed deed in lieu of foreclosure and OWner's Affidavit. I believe that I made one (1) change to the OWner's Affidavit to reflect the bankruptcy proceeding. You are authorized to provide the deed in lieu of foreclosure and the Affidavit to PNC Bank upon your confirming to me that Hr. and Mrs. Jones will have until May 31, 1997 to vacate the premises which are the subject of the deed. If such is not your understanding, then please do not forward ~ the deed to PNC nor record the deed. Rather, please contact me. If such is your understanding, you are authorized to deliver the deed to PNC Bank and to provide for recordation. If there is anything further which you believe is needed, please let me know. .4 Since~?lY Jiours, CUNNING~' ERNICOFF, P.C. - .' ../ ~Ob8rt E. Chernicoff REC/81sb Enclosures cc: Mr. and Mrs. Hugh R. Jones Limited and entered into several loan transactions with CCNB for that business using their residence of 6339 Pennsboro Drive. Mechanisburg. Pennsylvania as collateral for those loans. 4. Subsequent to the execution of the aforesaid mortgages. Defendants defaulted on those mortgages resulting in the commencement of an action in mortgage foreclosure brought by CCNB in Cumberland County, Pennsylvania and docketed to No. 4007 Civil 1992. Judgment in foreclosure was entered in the aforesaid action on or about January 8. 1993. S. PNC subsequently acquired CCNB by merger. 6. Defendants subsequently filed bankruptCy in the United States Bankruptcy Court for the Middle District of Pennsylvania. 7. During the course of those proceedings PNC and Defendants entered into an agreement whereby Defendants would deliver to PNC a deed in lieu of foreclosure for the propeny located at 6339 Pennsboro Drive and PNC would permit Defendants to remain in the property no later than May 31, 1997. That agreement along with other relevant terms and conditions is set forth in an exchange of letters from PNC's counsel and Defendants' counsel dated November 11. 1996 and December 27, 1996, attached hereto and marked Exhibits "A" and "B", respectively. 8. On December 27. 1996. Defendants delivered their executed deed in lieu of foreclosure to PNC of the same date. On May 6, 1997, the Bankruptcy Court entered its order permitting abandonment of the property retroactive to the date of the deed, December 27, 1996. 9. The deed from Defendants to PNC was recorded in the offICe of the Recorder of Deeds of Cumberland County, Pennsylvania on May IS, 1997. 10. On May 31,1997, Defendants failed to deliver possession of the premises to PNC. By letters dated June 6. 1997. addressed to Hugh R. Jones and Sharon L. Jones, 6339 Pennsboro Drive, Mechanisburg, Pennsylvania 17055. PNC made formal demand upon Defendants to vacate the premises pursuant to the deed and the prior agreement. II. Defendants received delivery of said notices instructing them to remove themselves and their belongings by June 16. 1997. Copies of the aforesaid letters are attached hereto and marked Exhibit "C. along with the mailing receipts, postal forms 3817. evidencing the mailing of said letters marked Exhibit "D". 12. Defendants have failed and refused and continue to fail and to refuse to deliver possession of the premises to PNC. WHEREFORE. PNC Bank. N .A.. Plaintiff. demands judgment in its favor and against Hugh R. Jones and Sharon L. Jones. Ltd.. Defendants, as follows: (a) that Hugh R. Jones and Sharon L. Jones. Defendants. or any others in possession of subject propeny by or through them immediately remove themselves and their belongings from the premises, and that the Sheriff of Cumberland County be ordered to assist PNC in removing Defendants and their belongings. with use of such force as is reasonably necessary. if they shall refuse to voluntarily do so; (b) that PNC shall be granted sole and exclusive possession of the subject propeny as the titled ownen of the premises under the applicable Deed recorded in the OffICe of the Recorder of Deeds of Cumberland County on May IS. 1997. (c) that judgment be entered in favor of PNC and against lIugh R. Jones and Sharon r: .0 f') "'-J ~...<-'... ~ ~l r:1~1 . ;: Ij 'V , ;-.;:: ::..~ : (f; ;.'"-. - ._~ .. .'" '~r.' !'- .'" "6 ::.;..... "'n .:,.. ,.'- '-jJ .'--:. :-.: . . :::c l~ "/0,' - \,~ :.., t~ 1 ~l -, ~i - -;; Q) ~ n~ .