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VERA HERTZOG v. GEORGE JUNG (05/28/87)

filed: May 28, 1987.

VERA HERTZOG, ASSIGNEE OF THE BLUE BALL NATIONAL BANK, APPELLANT,
v.
GEORGE JUNG, AND ANNAMARIE JUNG AND VINCE A. GUARINI AND LINDA L. KACHMAR



Appeal from the Order entered on April 8, 1986, in the Court of Common Pleas of Lancaster County, Civil Division, at No. 89, January Term 1983.

COUNSEL

Christina L. Hausner, Lancaster, for appellant.

Daniel B. Huyett, Reading, for Guarina and Kachmar, appellees.

Cavanaugh, McEwen and Beck, JJ.

Author: Beck

[ 363 Pa. Super. Page 441]

The issue is whether a contract releasing real estate from the lien of a judgment continues to protect the real estate from levy and execution after the judgment is revived. This is an appeal by Vera Hertzog, the assignee of the judgment creditor, from an order striking the revived judgment and the writ of execution issued thereon insofar as each pertained to the released property. We hold that a release is to be interpreted according to the intent of the parties. We find that the parties intended this release to release the property from the lien of the original judgment and all revivals thereof. We therefore affirm the order of the trial court.

I.

The relevant facts are not in dispute. On March 14, 1979, Blue Ball National Bank ("Bank") entered a judgment by confession against George Jung, Annamarie Jung, Vera Hertzog, and Levi Hertzog. This judgment was assigned as No. 1371 on the 1979 Confessed Judgment Docket for Lancaster County.

At the time of entry of judgment, the Jungs were owners in fee simple as tenants by the entireties of the premises at 105 Meadow View Drive in the city of Leola in Lancaster County. The Jungs reached an agreement with the Bank to free these premises from the lien of the confessed judgment. On August 30, 1979, the Bank filed a form captioned "Release of Real Estate" which listed the docket number of the confessed judgment and provided:

Blue Ball National Bank, the Plaintiff in the above Judgment, for value received, hereby release [sic] from the lien, effect and operation of the above judgment ALL THAT CERTAIN lot or tract of land, together with the improvements thereon erected . . . known as No. 105 Meadow View Drive, Leola, Pennsylvania.

In consideration of this release, the Bank was paid $24,000. At no time after the date of this agreement did the Bank attempt to levy on the Jungs' home.

[ 363 Pa. Super. Page 442]

In December, 1980, the Jungs conveyed this property to their daughter Angelica. Angelica reconveyed the property ...


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