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Home My WebLink About03-1459Amy J. Mendelsolm, Esquire Attorney ID No. 81084 Rhoads & Sinon LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff PNC BANK, N.A., Guardian of the Estate of Victor B. White, an Incapacitated Person, Plaintiff BARBARA CAREY, Defendant · CIVIL ACTION · No. ; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT IN EJECTMENT NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR YOU CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3199 461695.1 Amy J. Mendelsohn, Esquire Attorney ID No. 81084 Rhoads & Sinon LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff PNC BANK, N.A., Guardian of the Estate of Victor B. White, an Incapacitated Person, Plaimiff Vo BARBARAC~Y, Defendant · CIVIL ACTION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT IN EJECTMENT COMPLAINT IN EJECTMENT NOW COMES Plaintiff, PNC Bank, N.A., successor to CCNB Bank, N.A., Guardian of the Estate of Victor B. White, an incapacitated person, by and through its attorneys, Rhoads & Sinon LLP, and files the within Complaint in Ejectment, as follows: 1. Plaintiff, PNC Bank, N.A., is a national banking association with an office at 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011. 2. On October 17, 1978, this Court adjudicated Victor B. White ("Mr. White") to be an incapacitated person and appointed CCNB Bank, N.A. of New Cumberland, Pennsylvania, as guardian of his estate· 3. Plaintiff is the successor to CCNB Bank, N.A. 4. Defendant is Barbara Carey, an adult individual residing at 1000 Market Street, New Cumberland, Pennsylvania. 5. Mr. White has no issue or surviving parents, but has two sisters, Barbara Carey and Phyllis Bartholomew. 6. The Estate of Mr. White owns land with improvements situate in New Cumberland Borough, Cumberland County, Pennsylvania, known and numbered as 1000 Market Street, New Cumberland, Pennsylvania (the "House"). A copy of the Deed to the House and the Abstract of Title showing Mr. White as the current owner of the House are attached hereto and incorporated herein as Exhibit "A". 7. Mr. White, age 56, suffers from paranoid schizophrenia and lives at the Broughton Personal Care Home. Mr. White has not lived in the House for at least 24 years. 8. Defendant, who is Mr. White's sister, currently lives in the House. Defendant does not have any ownership or leasehold interest in the House. Defendant does not pay rent or any other maintenance expenses for the House. 9. Plaintiff has written to Defendant on three separate occasions directing her to vacate the house. as Exhibit "B". 10. from Plaintiff. 11. Copies of the letters to Defendant are attached hereto and incorporated herein Defendant has failed to vacate the property and has withheld possession thereof Plaintiff is entitled to immediate possession of the House. -2- 12. Plaintiff, as guardian of Mr. White's estate, is authorized pursuant to 20 Pa. C.S.A. §5141 to pursue this action in ejectment. WHEREFORE, Plaintiff, PNC Bank, N.A., Guardian of the Estate of Victor B. White, an incapacitated person, respectfully requests that this Court, restore possession to Plaintiff of the real property and improvements located at 1000 Market Street, New Cumberland, Pennsylvania and grant such further costs and relief as may be just. RHOADS & SINON LLP Date: ~ [£"/ ]0:~ By: ~lsohn, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Plaintiff, PNC Bank, N.A. -3- VERIFICATION Debra A. Smith 18 Pa. C.S. § 4904 relating to unswom Assistant Vice President ., deposes and says, subject to the penalties of falsification to authorities, that he/she is of PNC Bank, N.A., a national banking association, that he/she makes this verification by its authority and that the facts set forth in the foregoing "Complaint in Ejectment" are true and correct to the best of his/her knowledge, information and belief. Date: PNC BANK, N.A. Title: ¢ ,~'~'-~, ID\C~. ~,~.~colO~--t0T CORNERSTONE LAND TRANSFER, INC. 4705 East Trindle Road Mechanicsburg, Pennsylvania 17050 Telephone: (717) 730-9664 Fax: (717) 730-9665 Valerie S. Stacknick PRESENT OWNER LIEN SEARCH WE HEREBY CERTIFY, that based upon the examination of the appropriate recorded evidence of the title, and the making of the appropriate searches from the public record, the hereinafter mentioned parties are hereby subject to the following liens and encumbrances against the hereinafter mentioned property. This certificate IN NO WAY guarantees title, and NO liability is assumed by this company for its negligence or omissions. Company assumes no responsibility or liability for errors with respect to indexing made by county employees of the County Offices in which they are employed. Liability is limited to the cost of the search. RHOADS & SINON, LLP PREMISES: 1000 Market Street, Lot No. 193; Borough of New Cumberland Cumberland County, Deed Book M, Volume 5 Page 498; Etkwood. OWNER: Victor E. White, single man CHAIN: BEING THE SAME PREMISES which Leonard P. Snyder and Barbara A. Snyder, his wife, by their Deed dated November 10, 1975 and recorded on November 12, 1975 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book I, Volume 26, Page 238, granted and conveyed unto Victor E. White, single man COVER DATE: February 13, 2003 MORTGAGES: NONE JUDGMENTS: NONE DOMESTIC RELATIONS: NONE TAX CLAIM: NONE FEDERAL TAX LIENS: NONE SECURED TR3INSACTIONS: NONE MISCELLANEOUS OBJECTIONS: NONE TAX PARCEL NO. AND ASSESSMENT: 26-24-0811-081 TOTAL 87000 Valerie S. Stacknick, President DATE: February 19, 2003 SEARCHER: JAS WARRANTy DEEO ~or~ onv thousand n?n~ hum?red mu? seven~ ~e (~975) ~rl~trn Leonard P. Snyder and Barbara A. Snyder, his wife, of the Borough of New Cumberland, Cumberland County, Pennsylvania, G~TORS AND Victor E. White, Single man, o£ the Borough of New Cumberland, Cumberland County, Pennsylvania, GRANTOR TWENTY EIGHT THOUSAND NINE HUNDRED AND NO/100 ...................... Dollars. law[ul ,~onc# o[ lie U ,itcd Mi,les tt IIio ........ ($ 28,900.00) part v of the second *mrs th ..... :,- .,a ....... , .well ,,d trul# /mid bq thc port, hxs hexrs ,.d A~siff,s. 1 y I cco,d ~11 ?H^T CERTAI~ house and lot of ground, situate in the Borough o£ New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described according to a Survey made by Ernest J. Walker, Professional Engineer, dated October 23, 1975, as follows, to ~it: BEGI~NIN~ at a point in the ~orthwest corner of the intersection of Market and 10th Streets; thence extending along the Northerwside of 10th Street, South ~3 degrees West, a distance of 100 feet to a point in the Eastern line of a l0 foot wide alley; thence extending along the Eastern line of said alley, North 57 degrees West, a distance of 35 feet to a point at the Southwest corner of Lot No. 194; thence extending along the line dividing Lots Nos. 195 and 194 on the herein- after mentioned Plan of Lots, North 55 degrees East a distance of 100 feet to a point in the Western line of Market Street (erroneously referred to as 10th Street in prior deeds); thence extending along the Western line of Market Street, South 37 degrees East a distance of $5 feet a point in the Northwest corner of Market and 10th Streets; aforesaid, at the point and place o£ BEGINNING. BEING Lot No. 193 on the Plan o£ Elkwood, which said Plan is recorded 'in the Cumberland County Recorder's Office in Deed Book 'W', Volume Page 498. BEING known as No. 1000 Market Street, New Cumberland, Pennsylvania. BEING the same premises which Donald R. Kraly and LaVene J. lraly, his wife, by Deed dated December ~0, 1968 and recorded in Cumberland County in Deed Book "B", Volume 25, Page 21, conveyed unto Leonard P. Snyder and Barbara A. Snyder, his wife. Cumb. Co.. Pa. ~'//.~),. ?~ ~ L~ ~00~ rA~F. 2~8 '-School Dist. Cumb. Co.. P~. ~oO~ller ~cith all and sintjulae the hereditamentl and appurtenances thereunto bdo.~. inff or in anywise appertaininff and the revcr~io~ and remainders, rcnt~, i~tuet and profit, thereof; and all the estate, ~pht, title, interest, l~opertp, claim and demand ~hattoever llte tnid port of lhe first part, in law, cqult~ ~ otbe~ite aL in, and to llte same nnff flart fhcreof. COMMONWEALTH OF PENNSYLVANIA DEPAR/'MENT OF REVENUE --- .~^tT¥ --------~ V-- , --= ·. .~ ~.. .,: .;, ~..: ~n ~t~ot nnh la ~1~ t~e above det~bed ~emitet ~th t~t ap~rtenaacet unto Ihe'tald lmrty of t~e tecond ~rt his heirs and ~td~, [orever. .~ub thc said pariie~' the first part, do herebll said lmrty of tlte second part, that covenant and aprec to and with the thc lald part iesof the first Part' E, recu. tort o.d ~ldminlstrators. Shall and lVill lFarrant and Forever Defend the herein above dc- · crlbcd prcmi#cs with the lwreditt.ncnts and appurtenances, unto the taid ~rt y of thc tccond port, he,rs and ~ltMffns, affabt~t tht taid ~rtieso/ the first part and, affaintt cvcr~ otltcr pcr~on la~vfull!/ cbdminff, or who thall hereunto' claim, the tame or anp port thereof. 3q ~l~,tr~a lIlfler~of, tlw lald parties o! tlw first part !,~ hcrcunta tot '"dsen/theda,/'and,/earfir, tabovew~tten. ..- On thif, the lo/'A dali o1' //~ t/~'/~].~'~ .d.D. 1975 ,before a notary public thc undcrdffned officcr, pcrsonall~ appeared Leonard P. Snyder and Barbara A. Snyder known to me or (satisfactorilp ~oven) to be the person tvhosa name s are subscribed to the witMn instrument, a,d ack~wled~ed that" ;the~ executed thc same for the purposes tbcrcln contalncd. ~u ~llur~s ~frraf. hereunto 1 J I .J. Re.deer Office of the said Countg in Deed Book ~ VoZume~ g page~.~,f' ,: '~vefl u~er my hahd and the teal of thc sam Office, flee date above w~tten. · .............. : ............ ~'~¢ · Recordo Boo G ACE ROBERT H. LONG, .1R.J SHERZLL T. MOYER .1AN P. PADEN RICHARD B. WOOD LAWRB~CE B. ABRAMS Illz .1. BRUCE WALTER ]OHM P. MANBECK FRANK .1. LEBER PAUL A. LUNDEEN JACK F. HURLEY, JR. DAVID B. DOWLING DAVID E. O'LEARY DAVID O. TWADDELL CHARLES .1. FERRY STANLEY A. SMITH JENS H. DAMGAARDz DRAKE D. NICHOLAS THOMAS A. FRENCH DEAN H. DUSINBERRE DONNA N.J. CLARK CHARLES E. GUTSHALL PAUL F. WESSELL SHAWN D. LOCHZNGER JAMES H. CAWLEY DEAN F. PIERMATTEI KENNETH L. JOEL~ DEBRA M. KRIETE TODD 3. SHILL DAVID M. BARASCH THOMAS .1. NEHILLA ROBERT J. TRIBECK TIMOTHY J. NIEMAN LOR[ J. McELROY KEVIN M. GOLD CARL D. LUNDBLAD JAMES E. ELL[SON RICHARD E. ARTELL PAUL J. BRUDER, -IR.4 JOANNE BOOK CHRISTINE AMY J. MENDELSOHNa MICHAEL W. WINFZI~LDz KATHRYN G. SOPHY~' STEPHANIE E. DIVITTORE KATHLEEN D. BRUDERe'l .ID'IN M. CO..ES HEATHER Z. KELLY JENNIFER ZIMMERMAN ALSO ADMITTED TO THE DISTRICT OF COLUMBIA BAR ALSO ADMITTED TO THE FLORIDA FIAR ALSO ADMITTED TO THE MARYLAND BAR ALSO ADMITTED TO THE NEW JERSEY BAR ALSO ADMITTED TO THE NEW YORK BAR Re: RHOAD~ & ~I~0~ LLP ATTORNEYS AT LAW TWELFTH FLOOR ONE SOUTH MARKET SQUARE P.O. BOX 1146 HARRISBURG, PA 17108-1146 TELEPHONE (717) 233-5731 FAX (717) 232-1459 EMAIL amendelsohn@rhoads- sinon,com W E BS [TE: www.rhoads-sinon.com January 14, 2003 Guardianship of the Estate of Victor B. White OF COUNSEL HENRY W RHOADS RETIRED FRANK A. SINON JOHN C. DOWLING PAUL H. RHOADS 1907-1984 JOHN M. MUSSELMAN 1919-1980 CLYLE R. HENDERSHOT 1922-1980 DIRECT DIAL NO. (717) 233-5731 FILE NO. 3547/09 Ms. Barbara Carey 1000 Market Street New Cumberland, PA '17070 Dear Ms. Carey: I have enclosed for your reference a list of assisted rental housing in Cumberland and Dauphin counties. The list shows the housing facilities that offer subsidized units. You may want to contact these apartment complexes regarding the availability of housing for you. In addition, it appears that the Department of Welfare operates a Program for homeless or near homeless individuals called the Homeless Assistance Program. The program offers housing assistance to eligible individuals. The telephone number for the program is 717-240-6113 in Cumberland County and 717-780-6291 in Dauphin County. This program may be able to assist you in finding appropriate new housing. We hope that this information is helpful to you. AJM/shp cc: Ms. Debra Smith, Assistant Vice President Very truly yours, RHOADS &SINON LLP Amy J~ndelsohn 457467.1 YORK: TELEPHONE (717) 843-1718, FAX (717) 232-1459 AFFILIATED OFFICE: STE. 203, 1700 S. DIXIE HWY, BOCA RATON, FL 334~2 TELEPHONE (56[) 395-$Sg5, FAX (561) 39S-9497 LANCASTER: TELEPHONE (717) 397-4431, FAX (717) 232-1459 ROBERT H. LONG, .IR.: SHERILL T. HOYER JAN P. PADEN RICHARD B. WOOD LAWRENCE B. ABRAMS J. BRUCE WALTER JOHN P. MANBECK FRANK J. LEBER PAUL A. LUNDEEN JACK F. HURLEY~ .1R. DAVID B. DOWLING DAVID F. O'LEARY DAVID O. TWAODELL CHARLES J. FERRY STANLEY A. SMITH JENS H. DAHGAARD: DRAKE D. NICHOLAS THOMAS A. FRENCH DEAN H. DUSINBERRE DONNA Ft..1. CLARK CHARLES E. GUTSHALL PAUL F. WESSELL !~HAWN D. LOCHINGER HANES H. CAWLEY DEAN F. PIERHATTE! KENNETH L. JOEL~ DEBRA N. KRIETE TODD J. SHILL DAVID H. BARASCH THOMAS .1. NEHILLA ROBERT J. TR[BECK TIMOTHY J. NIEMAN LORI J. PlcELROY KEVIN Pl. GOLD CARL D. LUNDBLAD .lAMES E. ELLISON RICHARD E. ARTELL PAUL J. BRUDER~ 3R.'~ 3OANNE BOOK CHRISTINE APlY J. MENDELSOHN: MICHAEL W. WINFIELD: KATHRYN G. SOPHY~ STEPHANIE E. DIVITTORE KATHLEEN D. BRUDER4'* CHRISTYLEE L. PECK 2XJHN pl. COLES HEATHER Z. KELLY JAMES .1. JARECKI JENNZFER ZIMMERMAN ALSOADMITTED TOTHEDISTRICT OF COLUMBIA BAR ALSOADMITTED TOTHEFLOR[DA BAR ALSO ADMITTED TO THE MARYLAND BAR ALSO ADMITTED TO THE NEW JERSEY BAR ALSO ADMITTED TO THE NEW YORK BAR ATTORNEYS AT LAW TWELFTH FLOOR ONE SOUTH MARKET SQUARE P.O. BOX 1146 H^RR[SSURG, PA 17108-1146 TELEPHONE (717) 233-5731 FAX (717) 232-1459 EMAIL amendelsohn@rhoads- sinon.com W E B S I T E: www.rhoads-sinon.com January 6, 2003 OF COUNSEL HENRY W. RHOADS RETIRED FRANK A. SINON JOHN C. DOWLING PAUL H. RHOADS 1907-1984 JOHN M. MUSSELMAN 1919-1980 CLYLE R. HENDERSHOT 1922-1980 DIRECT DIAL NO. (717) 233-S73! FILE NO. 3547/09 Re: Guardianship of the Estate of Victor B. White VIA CERTIFIED MAIL~ RETURN RECEIPT REQUESTED Ms. Barbara Carey 1000 Market Street New Cumberland, PA 17070 Dear Ms. Carey: As we discussed in our telephone call on Friday, January 3, 2003, we are granting your request to extend the deadline for you to vacate the premises at 1000 Market Street, New Cumberland, Pennsylvania from January 3, 2003 to January 17, 2003. You explained that you needed an additional two weeks to arrange the rental of a new apartment. Since this is the second extension we have granted, we will not be able to extend the deadline beyond January 17, 2003. Accordingly, if you have not vacated the premises by January 17~ 2003, we will begin proceedings to have you removed from the premises. Very truly yours, RHOADS &S[NON LLP AJM/shp cc: Ms. Debra Smith, Assistant Vice President Mr. David A. Brown, Vice President 456452.1 YORK: TELEPHONE (717) 843-171B, FAX (717) 232-1459 AFFILIATED OFFICE: STE. 203, 1700 S. DIXIE HWY, 8DCA RATON, FL 33432 TELEPHONE (561) 395-5595, FAX (551) 395-9497 LANCASTER: TELEPHONE (717) 397-4~3~, FAX (717) 232-1459 A. Received by (Please print Clearl¥~ B. Date of Delivery ' C°mpiete items 1' 2' and 3' Als° c°'mp'ete /~C. '" item 4 if Restricted Defivery is desired. reverse Signature, / [] Agent · Print your name and address on the ~_..~~ so that we can return the card to you.- the mailpiece, [] Addressee · Attach this card to the back of [] Yes or on the front if space permits. [] No 1. Article Addressed to: // I! YiS, enter delivery address below: I .~-'~ertified Mail [] Express Mail \ ~ ~.~-~ 0 [] Registered ':l~eturn Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (F_xtra Fee) [] Yes 2. Article Number O-ra,s,e,,,omse ,'ce'abe') qoo \qflb ooo\ Domestic Return Receipt 102595-01-M-1424 PS Form 3811, March 2001 ROBERT H. LONG, 3R. SHERILL T. MOYER .1AN P. PADEN RICHARD B. WOOD LAWRENCE B. ABRAMS Il[ .1. BRUCE WALTER JOHN P. MANBECK FRANK .1. LEBER PAUL A. LUNDEEN .1ACK F. HURLEY, .IR. DAVID B. DOWLING DAVID F. O'LEARY DAVID O. TWADDELL CHARLES .1. FERRY STANLEY A. SMITH .1EMS H. DAMGAARD~ DRAKE D. NICHOLAS THOMAS A. FRENCH DEAN H. DUSINBERRE DONNA M..1. CLARK CHARLES E. GUTSHALL PAUL F. WESSELL SHAWN D. LOCHZNGER .lAMES H. CAWLEY DEAN F. PIERMATTE[ KENNETH L..1DEL~ DEBRA M. KRIETE TODD .1. SHILL DAVID M. BARASCH LOR[ -l. McELROY THOMAS -1. NEHILLA KEVIN M. GOLD CARL D. LUNDBLAD -1AMES E. ELL[SON RICHARD E. ARTELL ROBERT J. TRIBECK TIMOTHY .1. NIEMAN PAUL ,1. BRUDER .1OANNE BOOK C~'tRISTINE AMY J. MENDELSOHN MICHAEL W, WINFIE~LD KATHRYN G, SOPHY STEPHAN[E E. DIVITTORE KATHLEEN D. BRUDER CHRISTYLEE L PECK JOHN M. COLES HEATHER Z. KELLY JAMES J..1ARECKI -LENNIFER ZlMMERMAN ALSOADMITTED TOTHEDISTRICT OF COLUMBIA BAR ALSOADMITTED TOTHEFLORIDA BAR ALSO ADMITTED TO THE MARYLAND NAR ALSO ADMITTED TO THE NEW JERSEY IlAR ALSO ADMI1TED TO THE NEW YORK BAR ATTORNEYS AT LAW TWELFTH FLOOR ONE 50UTH ~ARKET SQUARE P.O. BOX 11~6 HA~XSSU~G, PA 17108-11~6 TELEPHONE (717) ~33-5731 FAX (717) 232-14S9 EMAIL amendelsohn@rhoads- sinon.com W E B S I T E: www.rhoads-sinon.com December 18, 2002 OF COUNSEL HENRY W. RHOADS RETIRED FRANK A. SINON .1OHM C. DOWLING PAUL H. RHOADS 1907-1984 .1OHM H. MUSSELMAN 1919-1980 CLYLE R. HENDERSHOT 1922-1980 DIRECT DIAL NO. (717) 233-5731 FILE NO, .3547/09 Re: Guardianship of the Estate of Victor B. White VIA CERTIFIED MAIL~ RETURN RECEIPT REQUESTED Ms. Barbara Carcy 1000 Market Street New Cumberland, PA 17070 Dear Ms. Carey: We understand from our client, PNC Bank, N.A., that you have requested an extension of time until the beginning of the year to vacate the house located at 1000 Market Street, New Cumberland, Pennsylvania. We are willing to extend thc deadline until January 3, 2003. Therefore, we expect that you will remove all of your property and vacate the house no later than January 3, 2003. If you have any questions, you may contact us at the number shown above. Very truly yours, RI-tOADS &SINON LLP Amy. J. Mendelsohn AJM/shp cc: Ms. Debra Smith, Assistant Vice President Mr. David A. Brown, Vice President 454887.1 YORK: TELEPHONE (717) li43-1718, FAX (717) 232-1459 AFFILIATED OFFICE: STE. 203, 1700 S. DIXIE HWY, BOCA RATON, FL 33432 TELEPHONE (561) 395-5595, FAX (561) 395-9~97 LANCASTER: TELEPHONE (717) 397-4431, FAX (717) 232-1459 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired.. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number D. Is deliver~ If YES, enter delivery address below: [] Agent [] Addressee [] Yes [-I No 3. Service Type '" ~RI_.i Rertified Mail egistered [] Insured Mail ['"1 Express Mail c etUrn Receipt for Merchandise .O.D. 4. Restricted Delivery? (Extra Fee) [] Yes (Transfer from service label) U 00[ I (~[~) 0 ~ [ %t ~ ~ ~ ?D 7 PS Form 3811', March 2001 Domestic Return Receipt 102595-01 -M- 1424 ROBERT H. LONG, SHERILL T. HOYER ]AN P. PADEN RICHARD 8. WOOD LAWRENCE B. ABRAMS III .1. BRUCE WALTER .1OHN P. MANBECK FRANK ..I. LEBER PAUL A. LUNDEEN ]ACK F. HURLEY, DAVID B. DOWLING DAVID F. O'LEARY DAVID O. TWADDELL CHARLES .1. FERRY STANLEY A. SMITH .lENS H. DAMGAARDz DRAKE D. NICHOLAS THOMAS A. FRENCH DEAN H. DUSINBERRE DONNA M.3. CLARK CHARLES E. GUTSHALL PAUL F. WESSELL JAMES H. CAWLEY DEAN F. PIERHATTE! KENNETH L. JOEL' DEBRA H. KRIETE TODD .1. SHILL DAVID M. BARASCH LORI .1. McELROY THOMAS .1. NEHILLA KEVIN M. GOLD CARL D. LUNDBLAD JAMES E. ELLISON RICHARD E. ARTELL ROBERT 3. TRIBECK TIMOTHY .1. NIEMAN PAUL ..1. BRUDER, .1R.e .1OANNE BOOK CHRISTINE AMY .1. MENDELSOHNz MICHAEL W. WINFIELD3 KATHRYN G. SOPHY~ STEPHANIE E. DIVITTORE KATHLEEN D. BRUDER~.s CHR]STYLEE L. PECK X3HN M. COLES SHAWN D. LOCHINGER HEATHER Z. KELLY ALSO ADHI~I'ED TO THE DISTRICT OF COLUMBIA liAR ALSOADMITTED TOTHEFLOR[DA BAR ALSO ABM[TTED TO THE MARYLAND BAR ALSO ADMITTED TO THE NEW JERSEY BAR ALSO ADMITTED TO THE NEW YORK BAR ATTORNEYS AT LAW TWELFTH FLOOR ONE SOUTH MARKET SQUARE P.O. BOX 1146 HARRISBURG, PA 17108-1146 TELEPHONE (717) 233-5731 FAX (717) 232-1459 EMAIL amendelsohnL~rhoads_ sinon.com W E B S ! T E: www.rhoads-sinon.com October 16, 2002 OF COUNSEL HENRY W. RHOADS JOHN C, DOWLING RETIRED FRANK A. SINON PAUL H. RHOADS 1907-1984 JOHN M, ~USSELMAN 19t9-1980 CLYLE R. HENDERSHOT 1922-1980 DIRECT DIAL NO. (717) 233-573 1 FILE NO. 3547/09 Re: Guardianship of the Estate of Victor B. White VIA CERTIFIED MAIL, RETURN RECEIPT RE~ Ms. Barbara Carey 1000 Market Street New Cumberland, PA 17070 Dear Ms. Carey: We represent PNC Bank, N.A. in its capaCity as guardian of the estate of Victor B. White. After a thorough analysis, PNC Bank has concluded that it is in the best interest of Mr. White to sell his house located at 1000 Market Street, New Cumberland, Pennsylvania. We understand that you are currently residing in the house. We hereby give you notice that you must vacate the premise within ~ix .ty (60) days and no later than December 16~ 2002. If you have any questions, you may contact us at the number shown above. Very truly yours, RJqOADS & SINON LLP Amy ~.[.]~J~/ndelsohn CC.' Ms. Debra Smith, Assistant Vice President Mr. David A. Brown, Vice President 446510.1 YORK: TELEPflONE (717} 843-1718, FAX (717) 232-1459 AFFILIATED OFFICE: STE. 203, 1700 S. DIXIE MWY, BOCA RATON, FL 33432 TELEPHONE {561) 395-5595, FAX (561) 395-9q97 LANCASTER: TELEPHONE (717) 397-4431, FAX (717) 232-1459 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service label) A. Received b~y (Please Print Clear/y) B. Date of Delivery C. Signatu{e .~.~ '~ ;"--~ ~/, ,t [] Agent X'~ .{~ !.,~.4j._~/l~._j~/,~7 [] Addressee D. Is delivery address different from item '~'?~ Yes If YES, enter delivery address below: [] No 3. S_~.~ce Type ~1' Certified Mail [] Registered [] Insured Mail [] Ex. press Mail [~'eturn Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes Do, mesti~ Return Receipt PS Form 3811, March 2001 102595-01-M-1424 CERTIFICATE OF SERVICE I hereby certify that on the q_~___h day of f'l~Q~r~ , 2003, a true and correct copy of the "Complaint in Ejectment" was served by means of United States mail, certified, return receipt requested, upon the following: Barbara Carey 1000 Market Street New Cumberland, PA 17070 Phyllis Bartholomew 14 Chestnut Street Camp Hill, PA 17011 Stephanie ~. Peck SHERIFF'S RETURN - REGULAR CASE NO: 2003-01459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA GUARDIAN OF ESTATE VS CAREY BARBARA SHANNON SUNDAY , Sheriff or DepuKy Sheriff of Cumberland County, Pennsylvania, whO being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon CAREY BARBARA the DEFENDANT at 1000 MARKET STREET , at 1939:00 HOURS, on the 1st day of April NEW CUMBERLAND, PA 17070 by handing to , 2003 BARBARA CAREY a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this /6 ~ day Of ~ ~ A.D. _d~rot h~onO~, ~ ' So Answers: R. Thomas Kline 04/02/2003 RHOADS & SINON Deputy Sheriff 08/~9/03 13:48 FAX 717 232 1459 RHOADS&SINON LLP ~002 Joanne Book Christine, F. squ/re Attorney I.D. No. 8202g RHOADS & sn~ON LLP One South Market Square, 12th Floor P.O. Box 1146 Hamsbutg, PA 17108-1146 (717) 233-573 l Attorneys for Plaintiff PNC Bank, N.A., Ct~xdian of thc Estate of Victor White, an Incapacitated Person Plaintiff BARBAKA CAGEY Defendant IN TH~ COURT OF COMMON PLI~AS CUMBERLAND COUNTY, PENNS~V~ CIVIL ACTION - LAW NO. 03-1459 PRAECIPE FOR ENTRY OF DEFAULT ~JDGlVlENT IN E~ECTMENT TO THE PROTHONOTARY: Putsn,~t to Pa. R. Civ. P. 1037Co) and 237.1, kindly enter judgment in ejectment in favor of Plainliff, PNC Bank N.A., and ag~nt Defendant Barbara Carey for Defendant's failure to plead to the complaint in this action within the ~luired time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendant was served with the complaint on March 29, 2003 and Defendant's answer was due on or before April 18, 2003. Defendant has not answered the complaint. I cert~ tha~ a written Notice of Imention to Enter Default Judgment was mailed to Defendant at her last known address,/n accordance with Pa_ R. Civ. P. 237.1. The notice was mailed on August 12, 2003, which is at least 10 days prior to the filing of this Praecipe. The Notice of Intention to Enter Default Judgment is attached as Exhibit "A." WHEREFORE, Plaintiff respectfully requests judgment against the Defendant in ejectment and restoration of possession to Plaintiff of the real property and improvements located at 1000 Market Street, New Cumberland, Pennsylvania. Dated: August 27, 2003 Respectfully submitted, By: RHOADS & SINON LLP e Book Christine outh Market Square · Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Rhoads & Sinon LLP {71 ?) 233-5731 PNC BANK, N.A., Guardian of the Estate of Victor B. White, an Incapacitated Person Plaintiff BARBAILA CAREY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION - LAW : NO. 03-1459 NOTICE OF INTENTION TO ENTER DEFAULT .IUDGMENT TO: BARBARA CAREY 1000 MARKET STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: AUGUST 12, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTI-I AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM TIIE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITIIOUT A IIEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully submitted RJtOAI: $ & SINON LLP oanne Book Christine, Esquire Rboads & Sinon LLP One S6uth Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Plaintiff 834M.1 CERTIFICATE OF SERVICE I hereby certify that on August 12, 2003, a true and correct copy of the foregoing "Notice of Intention to Enter Default Judgment" was served by United States certified mail, return receipt requested, and by United States first class mail, prepaid postage, upon the following: Barbara Carey 1000 Market St. New Cumberland, PA 17070 Stepbani~e Peck CERTIFICATE OF SERVICE I hereby certify that on August 27, 2003, a true and correct copy of the foregoing Praecipe for Entry of Default Judgment In Ejectment was served by United States certified mail, return receipt requested, and by United States first class mail, prepaid postage, upon the following: Barbara Carey 1000 Market St. New Cumberland, PA 17070 Stepharle Peck 483442.1 Joanne Book Christine, Esquire Attorney I.D. No. 82028 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff PNC Bank, N.A., Guardian of the Estate of Victor White, an Incapacitated Person Plaintiff BARBARA CAREY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1459 NOTICE OF ENTRY OF DEFAULT JUDGMENT IN EJECTMENT TO: Barbara Carey 1000 Market Street New Cumberland, PA 17070 YOU ARE HEREBY NOTIFIED that on ~ day of August 2003, PNC Bank, N.A., the above-named Plaintiff, caused the Entry of Judgment by Default in Ejectment to be filed against you in the above-named Court and to the above-captioned term and number for ejeetment and restoration of possession of the real property and improvements located at 1000 Market Street, New Cumberland, Pennsylvania. CUMBERLAND COUNTY PROTHONOTARY By: '~cu-~ ~ ~~ 483446.1 Joanne Book Christine, Esquire Attorney I.D. No. 82028 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff PNC Bank, N.A., Guardian of the Estate of Victor White, an Incapacitated Person Plaintiff BARBARA CAREY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1459 PRAECIPE FOR WRIT OF POSSESSION' TO THE PROTHONOTARY: Issue writ of possession upon the judgment in ejectment entered in the above matter. Respectfully submitted, RHOADS & SINON LLP ~,/Joarme Book Christine ~ ~One South Market Square v P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 1483450.1 CERTIFICATE OF SERVICE I hereby certify that on September 8, 2003, a true and correct copy of the foregoing Praecipe for Writ of Possession was served by United States certified mail, return receipt requested, and by United States first class mail, prepaid postage, upon the following: Barbara Carey 1000 Market St. New Cumberland, PA 17070 Stephahie H. Peck 1483450.1 PNC Bank, N.A., Guardian of the Estate of Victor White, an Incapacitated Person Plaintiff BARBARA CAREY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1459 WRIT OF POSSESSION Commonwealth of Pennsylvania County of Cumberland To the Sheriff of Cumberland County: (1) To satisfy the judgmem in ejectment in the above matter you are directed to deliver possession of the following described property to PNC Bank, N.A.: 1000 Market Street, New Cumberland, Pennsylvania 17070. CUMBERLAND COUNTY PROTHONOTARY: By: Seal of the Court Date: Deputy 483459.1 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) PNC BANK, N.A., Guardian of the Estate of Victor White, an Incapacitated Person No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1459 Civil Term No. Term vs. Costs BARBARA CAREY Att'y. $119.23 1000 Market St. Pl'ff(s) $ New Cumberland PA 17070 ~ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: PNC Bank, N.A., Guardian of the Estate of Victor White, an Incapacitated Person being: (Premises as follows): Plaintiff (s) 1000 Market Street New Cumberland PA 17070 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date Setpember 11, 2003 (SEAL) CURTIS R. LONG Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania g y: Deputy By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this day of Prothonotary So Answers, By Sheriff Deputy By virtue of Ibis wriL o, [he 2nd day of October , 2003 [causcd~hew~hinnamed PNC Bank, N.A., guardian of the Estate of Victor ~e incaDacitated person have possessio, or,he promises descrJ~e~R~~R~X~ 1000 Market St, New Cumberland PA~ 17070. Sheriff's Costs: Docketing 18.00 Advance Costs: 150.00 Poundage 1.88 Sheriff's Costs: 95.72 Prothonotary 1.00 54.28 Possession 30.00 Miiage 24.~4 Surcharge 20.00 Refunded to Atty on 10/2/03 95.72 Sworn and subscribed to before me this day of I~)e.~t'~.... Prothonotary