HomeMy WebLinkAbout08-15-08IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT
IN RE:
ROBERT G. TRAVER
and
LOIS J. TRAVER
O.C. No. 2008-00564
PETITION FOR INJUNCTION AGAINST HRC MANORCARE FROM
COMMENCING A FORECLOSURE AGAINST ROBERT AND LOIS TRAVER
Respondent, Robert G. Traver and Lois J. Traver, by and through their undersigned.
counsel, Gates Halbruner & Hatch, PC, file this Petition to enjoin ManorCare from commencing
foreclosure proceedings against Robert and Lois Traver, and aver as follows:
1. On August 8, 2008 this Court held a hearing on ManorCare's Petition to Remove
Anna Messimer as Agent and Appoint a Trustee to Sell Real Estate.
2. After argument and testimony this Court held, and the parties agreed, that the
funds from the sales agreement would be held by Gates, Halbruner & Hatch, P.C. in an escrovr
account pending the outcome of the litigation.
3. Upon information and belief, counsel for Ronald Traver intends on requesting an
extension of time for the purpose of obtaining an evaluation of Mr. Robert Traver.
4. Should this extension of time be granted, the Traver mortgage and note will
become due and payable to ManorCare while the Traver's funds are held in an escrow account.
S. The funds being held in escrow exceed the amount of the mortgage, so no bond
should be necessary while the action is pending.
Wherefore, the Travers respectfully request this Court Order ManorCare to refrain from
filing a mortgage foreclosure action against Traver during the pendency of this litigation
August 1 S~ 2~8
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Respectfully S matted,
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Lowel .Gates, Esquire
Atto ey ID No. 46779
Ga s, Halbruner & Hatch, P.C.
10 3 Mumma Road, Suite 100
Lemoyne, PA 17043
Phone: (717) 731-9600
Fax: (717) 731-9627
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
ROBERT G. TRAVER No. 2008-00564
and
LOTS TRAVER Civil Action
CERTIFICATE OF SERVICE
I, Sarah E. McCarron, hereby certify that a true and correct copy of the foregoing
Petition for Injunction was served on the following this day by first class United States
postal service, postage pre-paid:
Kirk Sohonage, Esquire
417 Walnut Street
4th Floor
Harrisburg, PA 17101
Attorney for ManorCare
Edward Seeber, Esquire
555 Gettysburg Pike
Suite C-400
Mechanicsburg, PA 17055
Attorney for Ronald Traver
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August 15, 2008 Sarah E. McCarron
PA 91102
Gates, Halbruner & Hatch, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
717.731.9600
717.731.9627
s.mccarroll(a~gateslawfirm.com