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HomeMy WebLinkAbout12-1503 i ED-,OFFICE TA ri 2FJ 12 MAR -7 PM 2: 44 ,-""IDERLA D COUNT'-, `'ENNSYLVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEED] R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank 1100 Wehrle Drive Williamsville, New York 14221 V. D. Theodore Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 and Susanna B. Opperman flea Susanna B. Potera 2812 Merion Road Camp Hill, Pennsylvania 17011 Attorneys for Plaintiff Cumberland County Court of Common Pleas 8-vil Number aD, s- 150:3 COMPLAINT IN MORTGAGE FORECLOSURE 0,M1 Alb3.75 7d ar' Ck-* Aolgb( '-# A 7 ai3y VA NOTICE You have been sued in court. If you wish to defend against the claims 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) d ias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la cone on forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TONIAR ESTE PAPEL A SU ABOGADO INMEDIATANIFNTE. SI USTEDNO TIENE A UN ABOGADO, VA A O TI;LEFONEA LA OFICINA EXPUSO ABAJO. FSTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDI? PROPORCIONAR PARA EMPLEAR UN ABOGADO, F,STA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA Dl-; LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS EL}?GIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is M&T Bank, duly organized and doing business at the above-captioned address. 2. The Defendant is D. Theodore Opperman, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 2812 Merion Road, Camp Hill, Pennsylvania 17011. 3. The Defendant is Susanna B. Opperman fka Susanna B. Potera, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 2812 Merion Road, Camp Hill, Pennsylvania 17011. 4. On January 22, 1999, D. Theodore Opperman and Susanna B. Opperman fka Susanna B. Potera made, executed and delivered a mortgage upon the premises hereinafter described to Countrywide Home Loans., Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1517, Page 690, such Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 5. On February 2, 2012, the aforesaid mortgage was thereafter assigned by Countrywide Home Loans, Inc. to M&T Bank, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument # 201203369, such Assignment of Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 12 East Main Street, Silver Spring Township, New Kingstown, PA 17055. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1, 2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 21,471.47 Interest through March 1, 2012 $ 592.70 (Plus $3.90 per diem thereafter) Attorney's Fee $ 1,450.00 Late Charges $ 61.49 Corporate Advance $ 50.50 Escrow Advance $ 28.00 GRAND TOTAL $ 23,654.16 9. Notice of Intention to Foreclose under Act 6 of 1974 (41 P.S. §403) was sent to Defendants by certified mail, return receipt requested as required by that Act. Notice under the Homeowner's Emergency Mortgage Assistance Act (Act 91) was not provided as the provisions of such Act were not applicable at that time and no notice under such Act was required. WHEREFORE, Plaintiff demands in rem Judgment against the Defendants in the sum of $23,654.16, together with interest at the rate of $3.90 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: _ [ ] TERRENCE J. McCABE, ESQUIRE [ ] MARC S. WEISBERG, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE [ HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRI; [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRI: Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: [ ] TERRENCE J. M?CABE, ESQUIRE [ ] MARC S. WEISBERG, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRI, [ ] MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQURRI; [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRI,; [ ] BRIAN T. LAMANNA, ESQUIRE Attorneys for Plaintiff M&T Bank v. D. Theodore Opperman and Susanna B. Opperman tka Susanna B. Potera First American Title Insurance Company Commitment Number: 990042 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows?: ALL THOSE CERTAIN lots, tracts, or parcels of land situate in Silver Spring Township, Cumberland County, Pennsylvania, and being more particularly bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a point at other lands now or formerly of Ray D. McCoy and wife, which point is referenced at a sixty foot wide street and land now or formerly of C. W. Sunday; thence along the sixty foot wide street, south 16 degrees 11 minutes east, 131.34 feet to a point; thence along land now or formerly of C. W. Sunday, Lot No. 12 of the above-referred to Plan, south 74 degrees 59 minutes west, 120.77 feet to a point; thence along Lot No. 9 of the above-referred to Plan, north 22 degrees 52 minutes west, 28.23 feet to a point; thence along land now or formerly of Gordon S. Witt, north 71. degrees 38 minutes east, 65.82 feet to a point; thence by the same and crossing over a 16 foot wide alley, north 23 degrees 23 minutes west, 101 feet to a point; thence along lands now or formerly of Edgar P. Rosenberry, Jr. and the northern line of said alley, north 75 degrees 47 minutes east, 21 feet to a point; thence along lands now or formerly of Ray D. McCoy and wife, and the northern line of the sixteen foot wide alley, north 73 degrees 49 minutes east, 80 feet to a point on a 60 foot wide street, the point and place of BEGINNING. CONTAINING 13,145 square feet and being Lot No. 10 of the above-referred to Plan. TRACT NO. 2: BEGINNING at a point on a sixty foot wide street, which point is referenced 211 feet from the legal right-of-way line of U.S. Route 11, Carlisle Pike, L.R. 34; thence along the said sixty foot wide street, south 16 degrees 11 minutes east, 132.57 feet to a point; thence along land now or formerly of C. W. Sunday, Lot No. 12 of the above-referred to Plan, north 74 degrees 59 minutes east, 145.53 feet to a point; thence along land now or formerly of Hoff & March, Inc., north 18 degrees 01 minute west, 135.38 feet to a point; thence along lands now or formerly of Bruce L. Forrest and D. Theodore Opperman, South 73 degrees 54 minutes west, 141.17 feet to a point on the sixty foot wide street, the point and place of BEGINNING. CONTAINING 19,195 square feet and being Lot No. 11 of the above-referred to Plan. TRACT NO. 3; PoKIA7 PAGE 0695 BEGINNING at a point along the public highway formerly ]mown as the Harrisburg Commitment Number: 990042 SCHEDULE C (Continued) and Chambersburg Turnpike; thence along lands now or formerly of John A. Stewart, south 16 degrees 30 minutes east, a distance of 211 feet to an iron pin along a proposed alley; thence along said alley, north 73 degres 30 minutes east,, a distance of 50 feet; thence along lands now or formerly of Janet Glasgow, north 16 degrees 30 minutes west a distance of 211 feet to the said public highway; thence along said public highway, south 73 degrees 30 minutes west,, a distance of 50 feet to the point or place of BEGINNING. SUBJECT, HOWEVER, to the restriction that all buildings on the above described piece of land shall be set back at least twenty feet from the curb. TRACT NO. 4: iEGINNING at a point on the southern right-of-way line of United States Route 11, also known as the Carlisle Pike, which said point is 387 feet more or less east from the intersection of the said Carlisle Pike with the Locust Point Road; thence along an unnamed 60 foot wide street, a portion of which is shown as Lot No. 2 on the plan of lots recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Plan Book 39, page 60, south 16 degrees 11 minutes east, a distance of 211.00 feet to a point; thence along an unnamed 16 foot alley, south 73 degrees 40 minutes west, a distance of 30 feet to a point along other lands now or formerly of Ray D. McCoy and Esther I. McCoy, his wife; thence continuing along said lands, north 16 degrees 11 minutes west,_a distance of 211.00 feet to a point of the southern right-of-way line of U.S. Route 11, also known as the Carlisle Pike; thence along said right-of-way line, north 73 degrees 49 minutes east, a distance of 30.00 feet to the point or place of BEGINNING. BEING the same premises which Ray D. McCoy and Esther I. McCoy, his wife, by Deed dated August 21, 1981 and recorded October 16, 1991 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book I-35, page 925, granted and conveyed unto D. Theodore Opperman and Susanna B. Potera. The said Susanna B. Potera is now known as Susanna B. Opperman. State of P3-nrsV1Vania I pL+ C O'. It, 0j i„??;?'jberia;ld 86 i ec rded the office far the recor ing of Deads em 11 Gnd oeriand Ccunty, P Vor Pal wit ess y hand aa! of offic 'a Carle , PA the 0 J-•+ Recorder ALTA Co mitment schedute c eood517-ra &697 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff s S'vk ?jr ?i iaunt?Fi ?r rn j ?i 7"" 14 ,,.?.?? "I `?'' Cif tt? L it:. t,.j s L.'+Yt:.ir$ Jody S Smith Chief Deputy Richard W Stewart Solicitor M & T Bank vs. Theodore D. Opperman (et al.) Case Number 2012-1503 SHERIFF'S RETURN OF SERVICE 03/16/2012 05:08 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2012 at 1708 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Susanna B. Opperman, by making known unto herself personally, at 2812 Merion Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DE 03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Theodore D. Opperman, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Theodore D. Opperman. Request for service at 2812 Merion Road, Camp Hill, Pennsylvania 17011 the Defendant was not found. Susanna B. Opperman advised Deputies, Theodore D. Opperman no longer resides in Cumberland County. 03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Theodore D. Opperman, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Theodore D. Opperman. Request for service at 12 E. Main Street, New Kingstown, Pennsylvania 17072 the Defendant was not found. 03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Susanna B. Opperman, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Susanna B. Opperman. Request for service at 12 E. Main Street, New Kingstown, Pennsylvania 17072 the Defendant was not found. Susanna B. Opperman currently resides at 2812 Merion Road, Camp Hill, Pennsylvania 17011. SHERIFF COST: $113.00 March 21, 2012 SO ANSWERS, r RON R ANDERSON, SHERIFF dcd gnu ??rt? She'll fe ,car-t. ?;,., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION M&TBANK Plaintiff ' V. D. THEODORE OPPERMAN AND SUSANNA B. OPPERMAN fka SUSANNA B. POTERA Defendants NO. 2012 1503 CIVIL NOTICE TO PLEAD You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this New Matter 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 judgment may be entered against you by the Court without further notice for any money claimed in the New Matter or for any other claim or relief requested by the Defendant. 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 CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW [TO FIND OUT WHERE YOU CAN GET LEGAL HELP]. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990 9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Northampton County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. MARTINO, KARASEK and MARTINO, LLP Anthony J. Martino, squire I.D. No. 46444 641 Market Street Bangor, Pennsylvania 18013 (610) 588-0224 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION M&TBANK NO. 2012 1503 CIVIL Plaintiff V. D. THEODORE OPPERMAN AND SUSANNA B. OPPERMAN fka SUSANNA B. POTERA Defendants ANSWER AND NEW MATTER OF DEFENDANT D. THEODORE OPPERMAN TO PLAINTIFF'S COMPLAINT AND NOW this 30th day of March, 2012 come the Defendant, D. Theodore Opperman, hereinafter referred to as "Answering Defendant" by and through counsel, Martino, Kasasek and Martino, LLP, by Anthony J. Martino, Esquire, and files the following Answer and New Matter to the Plaintiff's Complaint: 1. The Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations of paragraph 1 of the Plaintiffs Complaint and accordingly the allegations are denied and strict proof thereof is demanded. 2. It is admitted that the Answering Defendant is a mortgagor and real owner of the mortgaged property. It is specifically denied that his last known address is 2812 Merion Road, Camphill, PA 17011. In fact the Answering Defendant's address is 962 Pennsylvania Avenue, Pen Argyl, Pennsylvania 18072. 3. It is admitted that the Defendant, Susanna B. Opperman fka Susanna B. Potera is a mortgagor and real owner of the mortgaged property. It is specifically denied that her last known address is 2812 Merion Road, Camphill, PA 17011. 4. Admitted. 5. The Answering Defendant is without sufficient knowledge or information to form a belief as to the allegations of paragraph 5 of the Plaintiffs Complaint and accordingly said allegations are denied and strict proof thereof is demanded. 6. Admitted. 7. It is specifically denied that the mortgage is in default. The Answering Defendant believes and therefore avers that all of the payments of principal and interest which are due on said mortgage have been paid. Strict proof to the contrary is demanded. 2 8. It is specifically denied that the principal balance, interest, attorney's fees, late charges, corporate advance and escrow advance are due presently as the mortgage is not in default. Strict proof of the allegations of paragraph 8 of the Complaint is demanded. 9. It is specifically denied that Notice of Intention to Foreclose was sent to the Answering Defendant by certified mail return receipt requested as required. The Answering Defendant did not receive a copy of said notice. It is further denied that notice under the Homeowner's Emergency Mortgage Assistance Act is not required. WHEREFORE, the Answering Defendant respectfully requests this Honorable Court to enter judgment in his favor and against the Plaintiff and to assess the costs of suit against the Plaintiff. NEW MATTER 1. The Answering Defendant submits that the Plaintiff has failed to set forth a cause of action upon which relief can be granted against him. 2. The Plaintiff has failed to provide Notice of Intention to Foreclose to the Answering Defendant as required by law. 3 3. The Plaintiff has failed to provide notice under the Homeowner's Emergency Mortgage Assistance Act to the Answering Defendant as required by law. 4. The mortgage in question is not in default in as much as the Answering Defendant believes and therefore avers that all of the amounts of principal and interest which are due to date have been paid. 5. The Answering Defendant believes and therefore avers that payments made to the Plaintiff have not been properly credited thus causing the Plaintiff to conclude that the mortgage is in default when it is not. WHEREFORE, the Answering Defendant respectfully requests this Honorable Court to enter judgment in his favor and against the Plaintiff and to assess the costs of suit against the Plaintiff. Respectfully submitted, MARTINO, KARASEK and MARTINO, LLP Anthony J. Martino, squire I.D. No. 46444 Attorney for Defendant, Christine E. Oldt 641 Market Street, Bangor, PA 18013 (610)588-0224 Date: March 30,2012 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION M&TBANK NO. 2012 1503 CIVIL Plaintiff V. D. THEODORE OPPERMAN AND SUSANNA B. OPPERMAN fka SUSANNA B. POTERA Defendants CERTIFICATE OF SERVICE I, Anthony J. Martino, Esquire, do hereby certify that I served a copy of the Answer and New Matter of Answering Defendant D. Theodore Opperman to Plaintiff's Complaint by regular mail, postage prepaid, upon the individuals at the addresses stated below: McCabe, Weisberg and Conway, P.C. Terrence J. McCabe, Esquire 123 South Broad Street, Suite 2080 Philadelphia, Pennslvania 19109 Dated: March 30,2012 Respectfully submitted, MARTINO, KARASEK and MARTINO, LLP Anthony J. Martino, quire I.D. No. 46444 Attorney for Defendant D. Theodore Opperman 641 Market Street, Bangor, PA 18013 (610)588-0224 5 VERIFICATION I, D. Theodore Opperman verify that the statements set forth in the attached Answer and New Matter are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. D. Theodore Opperman '107 110NO TAI??, 'y ? J ISE" AND COUNIT`?' PE INSYLVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff V. Cumberland County Court of Common Pleas D. Theodore Opperman and Susanna B. Opperman flea Susanna B. Potera Defendants Number 2012-1503 CIVIL MOTION TO ALLOW SERVICE ON D. THEODORE OPPERMAN PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, D. Theodore Opperman, at his/her last-known address of 2812 Merion Road, Camp Hill, Pennsylvania 17011. The process server was not able to serve the Defendant because per Susanna B. Opperman, D. Theodore Opperman no longer resides in Cumberland County. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A". 2. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant's mortgaged property of 12 East Main Street, New Kingston, Pennsylvania 17055. The process server was not able to serve the Defendant. True and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C". As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged premises. No judge has ruled upon any other issue in this matter or in any related matter. 6. No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 7. If service cannot be made on the Defendant, D. Theodore Opperman, the Plaintiff will be prejudiced. WHEREFORE, Plaintiffprays this Honorable Court grant an Order allowing the Plaintiffto serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, D. Theodore Opperman, by regular mail; certified mail, return receipt requested; and by posting at the last-known address of Defendant and the mortgaged premises known in this herein action as 12 East Main Street, New Kingston, Pennsylvania 17055. A ?A ( 4 Lu,!? TERRENCE J. McCABE, ESQUII MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIR MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff V. D. Theodore Opperman and Susanna B. Opperman flea Susanna B. Potera Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 2012-1503 CIVIL MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. ?TERR NCE J. MCCABE, QUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff V. Attorneys for Plaintiff Cumberland County Court of Common Pleas D. Theodore Opperman and Susanna B. Opperman flea Susanna B. Potera Defendants Number 2012-1503 CIVIL CERTIFICATION OF SERVICE The undersigned attorney for the Plaintiff hereby certifies that he/she served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 2nd day of April, 2012, upon the following: D. Theodore Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of this jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff M&T Bank v.D. Theodore Opperman and Susanna B. Opperman Cumberland County; CCP; Number 2012-1503 CIVIL File Number: 63520 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor M & T Bank vs. Theodore D. Opperman (et al.) vpxx?xtr of ?ilan6rrW?d OFFICE OF THE V ERIFF Case Number 2012-1503 SHERIFF'S RETURN OF SERVICE 03/16/2012 05:08 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2012 at 1708 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Susanna B. Opperman, by making known unto herself personally, at 2812 Merion Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DE 03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Theodore D. Opperman, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Theodore D. Opperman. Request for service at 2812 Merton Road, Camp Hill, Pennsylvania 17011 the Defendant was not found. Susanna B. Opperman advised Deputies, Theodore D. Opperman no longer resides in Cumberland County. 03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Theodore D. Opperman, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Theodore D. Opperman. Request for service at 12 E. Main Street, New Kingstown, Pennsylvania 17072 the Defendant was not found. 03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Susanna B. Opperman, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Susanna B. Opperman. Request for service at 12 E. Main Street, New Kingstown, Pennsylvania 17072 the Defendant was not found. Susanna B. Opperman currently resides at!2812 Merion Road, Camp Hill, Pennsylvania 17011. SHERIFF COST: $113.00 March 21, 2012 SO ANSWERS, RbNI`V R ANDERSON, SHERIFF E 0 tA (c1 hy. 5 n . .aft, tnc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff o???,?r nt 4uulbp?? Jody S Smith ?-0 Y '°' `" ' Chief Deputy • Richard W Stewart ' Solicitor OFFICE OF THE $LdERIFF M & T Bank vs. Theodore D. Opperman (et al.) Case Number 2012-1503 SHERIFF'S RETURN OF SERVICE 03/16/2012 05:08 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2012 at 1708 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Susanna B. Opperman, by making known unto herself personally, at 2812 Merion Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DE 03/21/2012 Ronny R, Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Theodore D. Opperman, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Theodore D. Opperman. Request for service at 2812 Merton Road, Camp Hill, Pennsylvania 17011 the Defendant was not found. Susanna B. Opperman advised Deputies, Theodore D. Opperman no longer resides in Cumberland County. 03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Theodore D. Opperman, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Theodore D, Opperman. Request for service at 12 E. Main Street, New Kingstown, Pennsylvania 17072 the Defendant was not found. 03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Susanna B, Opperman, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Susanna B. Opperman. Request for service at 12 E. Main Street, New Kingstown, Pennsylvania 17072 the Defendant was not found. Susanna B. Opperman currently resides at!2812 Merion Road, Camp Hill, Pennsylvania 17011. SHERIFF COST: $113.00 March 21, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Exhibit, B (c) CountySuite Sheriff, Teiecsofl, Inc. Attorney Outsourcing Support Services, Inc. Suite 2046 123 S. Broad Street Philadelphia, PA 19109 (215) 790-5964 FAX (215) 320-5770 AFFIDAVIT OF GOOD FAITH INVESTIGATION SUBJECT OF INVE TIGATION. Opperman, D. Theodore SUBJECT'S LAST-KNOWN AT-%PEE M 2812 Merion Road, Camp Hill, PA, 17011 I, Maggie Cline, being duly sworn according to law, depose and say that Attorney Outsourcing Support Services, Inc. completed a good faith investigation into the whereabouts of the above-named subject and the extent of the investigation and the results are as follows: I • INQUIRY OF POSTAL AUTHORITY: Last known property address: 2812 Merion Road, Camp Hill, PA, 17011 Postal Authority stated the subject has no change of address. Exhibit u,,, Page 2 Investigation of Omerman. D & Susanna continued: (subject name) 2. INQUIRY OF LOCAL TELEPHONE COMPANY; Directory Assistance: The subject has a listed phone number for the above stated last-known address. Said number(s) being: a. (717) 737-1700 3. INTERNET SEARCH: Search shows the subject resides at: a. 12 East Main Street, New Kingston, PA 17055. 4. DEATH RECORDS: Social Security has no death record for the subject. 5. LOCAL TAX RECORD INQUIRY: After inquiry, I was unable to confirm a mailing address for the above stated last-known address. 6. INQUIRY OF COUNTY VOTER REGISTRATION: After inquiry, I was unable to confirm a listing with the County Voters Registration Office for this subject. MOW 'A hih?? C Page 3 Investigation of Onnerman. D & Susanna continued: (subject name) INQUIRY OF NEIGHBORS: I located neighbor but there was no answer. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge, information, and belief. BY: signitrn - - NAME: Maggie Cline Print TITLE: Location SDecialist DATE: February 28, 2012 Notary Public: Sworn to and subscribed before me this day of 2012 c L COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ALEX QUINN, Notm Pubkc City of PhRadelphia, Phila. Count _ ..Coltfx?0 ilober..5, 2015 t 4' + -Agb j v Postmaster Camp Hill. PA 17011 Date February 16. 2012 City, State, ZIP Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address &A boxholder) for the following Name: Opperman. D. Theodore Address: 2812 Merion Road Camp Hill PA 17011 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6 d 6(ii. There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g. process server, attorney, patty representing himself): attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or party acting pro se - except a corporation acting pro se must cite statute): Not applicable Requester is an attorney 3. The names of all known parties to the litigation:_ v Opperman D Theodore & Susanna 4. The court in which the case has been or will be heard: Cumberland. PA 5. The docket or other identifying number if one has been issued: NO: 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR 13OXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO S 10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). PLEASE PROVIDE THE CORRECT ADDRESS FOR THE DEFENDANT. I certify that the above information is true and that the address information is needed and will be used solely for service of 1 al roce conn tion with actual or prospective litigation. Signature 123 S. Broad Street Suite 2050 Address Scott Cumpstone AOSS Philadelphia, PA 19109 Printed Name City, State, ZIP Code FOR POST OFFICE USE ONLY No change of address order on file. Not known at address given. Moved, left no forwarding address. No such address. Good As Addressed 12-23628 LN NEW ADDRESS or BOXHOLDER'S NAME and PHYSICAL STREET ADDRESS cvy Postmaster Date February 16, 2012 New Kingston, PA 17055 City, State, ZIP Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (f a boxholder) for the following: Name: Opperman, D. Theodore Address: 12 East Main Street New Kingston, PA 1.7055 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265,6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g. process server, attorney, party representing himself): attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or party acting pro se - except a corporation acting pro se must cite statute): Not applicable. Requester is an attomeY 3. The names of all known parties to the litigation: v Opperman D. Theodore & Susanna 4. The court in which the case has been or will be heard: Cumberland. PA 5. The docket or other identifying number if one has been issued: NO: 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTI1 ('T'ITLE 18 U.S.C. SECTION 1001). PLEASE PROVIDE THE CORRECT ADDRESS FOR THE DEFENDANT. I certify that the above in ation is true and that the address information is needed and will be used solely for service of 1 1 process ' onnecti 6 with actual or prospective litigation. 123 5 Broad Street Suite 2050 Sig ture Address ScoR Cumnst;ne. ROSS Philadelphia, PA 19109__ Printed Name City, State, "ZIP Code FOR POST OFFICE USE ONLY No change of address order on file. Not known at address given. Moved, left no forwarding address. NEW ADDRESS or BOXHOLDER'S NAME and PHYSICAL STREET ADDRESS No such address. Good As Addressed 12-23628 PROP McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Attorneys for Plaintiff M&T Bank Cumberland County Court of Common Pleas Plaintiff V. D. Theodore Opperman and Susanna B. Opperman fka Susanna B. Potera Defendants t i t. i t ?i?,$ 10 P,N 4 CUMPERLf+N U PENNSYLVANIA Number 2012-1503 CIVIL ORDER AND NOW, this 01/-day of 0 , 2012, the Plaintiff is granted leave to serve all process in this mortgage foreclosure action upon the Defendant, D. Theodore Opperman, by regular mail and by certified mail, return receipt requested, to his/her last known address of 2812 Merion Road, Camp Hill, Pennsylvania 17011, and by posting the mortgaged premises of 12 East Main Street, New Kingston, Pennsylvania 17055. BY THE COURT: e J. Meese- .S• t.)e,S6erS, 6-1' a Cop-.es "&-I -ed R-1CL 01 McCABE, WEISBERG & CONWAY, P.C r !_?y ROj1, MARC S. WEISBERG, ESQUIRE -ID # 176-10-1!{ 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 %0 i 2 APR r 3 P1; Z? (215) 790-1010 : IUIMBERLAND COUNTY PENNSYLVANIA M&T Bank Plaintiff V. D. Theodore Opperman and Susanna B. Opperman Defendants Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2012-1503CIVIL PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff M&T Bank (hereinafter "M&T Bank"), by and through its attorney, Marc S. Weisberg, Esquire, hereby responds to the New Matter of Defendant D. Theodore Opperman to plaintiff's Complaint in this matter as follows: 1. Denied, said averments are conclusions of law. 2. Denied, said averments are conclusions of law. 3. Denied, said averments are conclusions of law. 4. Denied. On the contrary the mortgage in question Is in fact in default as averred in plaintiff's complaint and is reasserted again herein. 5. Denied as stated. All amounts tendered to plaintiff by defendant in the proper amount due, at the proper time they were due have been properly credited, contrary to Defendant's averment. WHEREFORE, Plaintiff respectfully requests that defendants' New Matter to Plaintiff's Complaint be dismissed in its entirety and that judgment be entered in favor of plaintiff and against defendants for such relief as is requested in plaintiff's Complaint. r Mar . Weisberg, Esquire , Attorney for Plaintiff FNMA . MCCABE, WEISBERG & CONWAY, P.C. MARC S. WEISBERG, ESQUIRE - ID # 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff V. D. Theodore Opperman and Susanna B. Opperman Defendants Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2012-1503 CIVIL CERTIFICATE OF SERVICE 1, Marc S. Weisberg, Esquire, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing Plaintiff s Reply to New Matter was served on the following persons on the day of L? -1 20 / _i by depositing same in the United States mail, first-class, postage pre-paid, addressed as follows: Anthony J. Martino, Esquire Martino, Karasek and Martino, LLP 641 Market Street Bangor, Pennsylvania 18013 Counsel far Defendant D. Theodore Opperman DATE: /? Marc S. Weisberg, Esquire Attorney for Plaintiff OFFICE OF THE PROTHONOTARN COURT OF COMMON PLEAS Cumberland Counly Courthouse Carlisle, Pennsvivania 1'013 Prothonotary S.is i ma I3. Opperman fka Susann,-. B Poterr I Merion Road C n ?o Hill. Penns,,Ivania 170 1 Mh_! 's rnk COi?Rl OI, COMMON PEENS laintill' ('1- _Jy1BI-R ND 0) 1 NTT D lhc,doic )ppr^rman and Susanna E3. Oppermari fka No. 301=-1 ?,03(11'II Susan; B i'( t,-ra ' )Aendant, NOTICE xr?a` 'ur-Ai Wt b) Rule 136. you are herebN notified that a J[!DCiMENI sheen nt -ed al n?,: p inu) as :rd ? red Y,E I i?% w G 2? Ia __11r( nonotar'. h I uc<,ment m Default Nlollev Judi-ment J idoment in Replevin I;.idrment for Possession It ? A ?e ,r qur,E ons COM: rnin(I this Juc;ment. please call N'lcCabe. Weisberg and Conw.t,. P.C. ut `' 0-1010. °vicCABI., WEISBERG AND CONWAY, E.C. 131 1 ERRE:NCE J. McCABE, ESQUIF;E •- ID # 16496 'AAM S. W EISBERG, ESQUIRE - ID 4 17616 I DWARD D. CONWAY, ESQUIRE - ID # 34687 AAR(,ARET CAIRO, ESQUIRE - ID # 34419 ,,NDREW L. MARKOWITZ, ESQUIRE - ID # 280011 IIEIDI R.'PIVAK, ESQUIRE - ID #74770 IAARI'-IA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 cHR1-;TINE. L. GRAHAM, ESQUIRE - ID # 309480 BRIA'v, T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, P?mnsylvania 19109 (215) "90-1011; _ Iv1fi 1 c 111k ,worneys for Plambl't CUB\1BI1RLskND COIN"rY COI iR.I OF COMP00N PLEAS 'laintitf [) "iic, dote ?pp?.Tman and Susanna B. Opperman fka S! rsanr : B P(! "ra Number '012-1??O-; VII. DYefendant,? ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TC> 111: PRO i FIONOFAR'r {niai, enter jud,,niem by default in ?avor of Plaintiff anal au,ainst Detenr ant. Susanna B r ? ?-r ran fka SLPItCI I. 3 P,,t ^-a (ONLY), in the above-captioned matter For failare to ansvNer ComtJLaint a? k'L11 ir2 penes. anin I` lei •_rl Civil Procedure and assess dama,,es as toIIim? I m)c1pid S _' 3,04t 16 It.re:,t ;tom 03 02/12 to 05/01 12 = ; )t? rtal S ?3,8`):'.06 TERRENCE I, McCaBE ESQUIRE MARC S. W EISBERG. ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET G.A,IRO, ESQUIRE: Attorney for Plaintiff 'a e ??. st`? a '12- -t a-1 1-1 v0A),ce r'k-Ll IOVv. this 3 day of 2012 Judgment i, entered in Favor .?I t' t MKT B?tni, r d a i mst Defendant. Susanna P.. Opperman fka usanna B Poter,t (ONLY). and t .:.r,,es,ed in the plus interest and costa. BY THE PR HONG Y: McCABL, WEISBERG AND CONWAY, P.C. BY: I-ERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. W EISBERG, ESQUIRE -11)#I-/'616 FIDWARD D. CONWAY, !ESQUIRE - ID # 34687 'AAR(,ARET GAIRO, ESQUIRE . ID # 34419 \NDRF W L. MARKOWITZ, ESQUIRE -- ID # 28001) HEIDI R. SPIVAK. ESQUIRE - ID #74771) 'AARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadeiphia.l'rennsylvania 19109 {215) ^ o-1010 'iallltltt vtlornevs for Plaiglill CUMBLRLP,ND C'OUN-I' ('01'R I OF COMMON PLEAS U n(t,oore Ippernlan and Susanna B. Opperman Ika Nun bel ?01?-1?;0;;CI iL Sur;al; ,B Pr tcra i7°fendants AFFIDAVIT OF NON-MILITARY SERVICE CC ,I'vlaJ- I'll OF 1)1:'NNSYL,VA.NI,A (;I_)t (0`!'! 11i_ADEITIJIA: SS. jersi;2ned- being duly sworn according to law, deposes and sa"'s that the Deter1ai:t ir. ,=.rlna B Upper) r t l , J ')asur!rr B Potera (ONLY), is not in the Military or N_r?al Ser?ic?? efthe Unltek t,; Mies, of ?.?tl?: ise ?55cilin the provisions of the Soldiers' and Sailors' Ci?il F.ckief Actol(. on<?ress ?>f?=t mended: and th??t't c )ef?:n iant. Susanna B. Oppennan fl:a Susanne? B Potera i?DNLY'I. ;:ire o?,el ci?hteen (I ?I . ? .I?e. and re?i.ic ioko 1 , Susann ! B..)Imerman tka Susanna B Potera 281:_ ,\ rim Load 11I;- Pe:.rlsv;%allia 1-011 WJI?N:vNi, SUBSCRIBED BEF()i E VII THIS DAY S NOT RY PI;BLI : a NW :I LF PENN Wl':.'r,:,NIA i?q f"ITA RI4.c. SEAL l sMarcin?iewic. -Rotary Pcbiic 'N ladeipia,'rrthiladeiphia County A!I?! X>?R?30C 27 2015 TERRENCE J. McCABE, ESQUIRF MARC'S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Atiornev for Plaintiff MCCABL, WEISBE:RG AND CONWAY, P.C. BY FERRENCE; J. McCABE, ESQUIRE - ID # 16496 'AAR( S. WEISBERG, ESQUIRE - ID 4 1'616 F,DWARD D. CONWAY, ESQUIRE •- ID # 34687 'AARCAR.ET GAIRO, ESQUIRE - ID # 34419 iNDREW L. MARKOWITZ, ESQUIRE_ ID # 2800(,` HEIDI R. SPIVAK, ESQUIRE - ID #74770 NIARViA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE; - ID 4 310321 123 South Broad Street, Suite 2080 Philadelphia, Penns?'lvania 19109 (215) '9(1-10 i Il _____?_ Nth-? `tanl? °laintitf D l'hc,adore ' )pperman and Susanna B. Opperrnain fl<a S?r;an B Po !era )efendants ,lttornevs for Plawlltl COI;R."f O1 COMyIUN PLE:^1S (l_l,A1BI]? Rl,,1N1) C0( N} ??0C(V 1L Number 20l '-I AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDAN I'S (,(,)Vlm ?N\l'I \1_? 11 OF PFNNSYL,VA.NIA: ('Ol_ N f'(," Hlll.ADFITHM: SS. nerebv I ha oidersiianed.. attorney for the Plaintiff in the wi?hin matter. hCln,-) duly svkorn aCCOI011_I: depos_ td a, that she last-known mailing addresses of the DeleIIdallt _ Susanna 13. OVpcrmmr fka Susanna 13 Potera 2812 Vnon ]',,)ad Camp 1; Il, }'e;vnsN v ania 1-01 1 ;\i t) 1) SLJBSCIJBFD BF}(!1:E `?1` T}-115 ?r'r'?DAY OF ' 212 N+_Y?' \ItY P• BL1C v.LIMMtAAILA: `I07 PENNSYLVANIA IV 0 T A RR ,I ,A. I._ SEAL ? 445(x mar:inxiewlcz-Notary Public ty co = hiladeii6a. Ph ladelpnia (;aunty TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Attornev for Plaintiff va ".f ??(?t155lC.,j ExPfBES oc! 2V;'015 "VICCABI. M/EISB1^:RG AND CONWAY, P.C. BY- 9 ERRENCE: J. McCABE, ESQUIRE •- ID # 16496 MAR( S. VkEISBERG, ESQUIRE - ID # 17616 I?;DW'ARD D. CONWAY, 'SQUIRE -- ID # 34687 ` IARC;AR-ET GAIRO, ESQUIRE - ID # 34419 vNDRF W L. MARKOWITZ, ESQUIRE - ID # 280011 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA .I. COHEN, ESQUIRE - ID # 87830 KX% IN, T. McQUAIL, ESQUIRE - ID # 307169 CHRP-,7FINI? L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE; .- ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, 1'?ennsN ivania 19109 (215) "40-1010 M&.? tnk 'lAntitf Attorneys for 111,011118 CU\1BI:RL AND COQ N'fl CO! 'R.'1 OF (:'O'VINION PLEAS 11) doi,' ippernian and Susanna B. Opperman n<a Nun bei '.01 1 `'O-,;CIVIL Sic;ane 13 P( 11-1-a L)efendants CERTIFICATION Ilti t; Jer r;ned nereby certifies than he is the attorney for Plaintiff, being dul,. svkorn it.. aw- deposes tnd a? that ne deposited in the United State!, Mail a lett,:,r notitying the Defendants thrii i Iu _n-. ?n +ould be ente,ed : gains! hern t, ithin ten (10) days fror-l the date of said letter in accordant e mth Rule _'? .. Perlis- anir! I tiles ??t 0,vil Procedure. A copy of said letter is attached lw:reto and marked as t.- SV0)I: ANI) S1.I3SCR?BED BEFG1 AE M1 I-HIS y'rj DAY (T .2012 NO', \RY Pz 141t- IP4I'r,';?Cs !1Adt;,iC +.3?Wlt-1 TiU14!'? ?'?I)Ifrr G ttv .at ?"?iladell3r ia, I'hlladeiphi. ?? ??:nty 'A -n. 'A S-4 ON EXP ki'l t1Ct 1 '?!)15 TERRENCE 1. MCCABE ESQUIRE MARC `+. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIR!F?. MARGARE'L GAIRO, ESQUIRE Attorne> for Plaintiff VERIFICATION he it tersigned attorney hereby cert fies that he is the At_orocv for the PIli It itt'in the ?.? 'h I inn and that i_, iutho, !,_ed to make this verification and that the foregoin_t facr.? based on the informatiom t, , 'I 'lainti±'f repie,.-mauve, who is out of jurisdiction and not available to ?igr this verification at 11w t ru,. J G true and correct t? the o? Hs knowledge, snformation and belief and furthe? ,tates that false statemend, m.. : made ;uhiLct i then , ialhe, of 18 PA.C.S X4904 relating to unsworn falsihcation to a?rthoritics. TERRENCE J. MCCABE, ESQU110-. MARC S. WEISBERG. ESQUIRE EDWARD D. CONWAV ESQUIRE MARGARET CAIRO, ESQUIRE Attornev for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMOT( PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 170V Curt 'Long Protbon otarv April 19, 201: ?c S?tsaitn 1 B. Opperman fka Susanna B. Potera 2 ,12 VM(:,ricIT Road C <tmp Iiill, Pennsylvania 17011 \4&1'1< mk Cumberland County Court of Common Pleas vs. D. lbc-adore k')ppertnan Sustu)n;i B. Olrperman fka Susanna I3. Potera Number 2012-1503 CIVIL. NOTICE, RULE 2.3'1.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAUI T IMPORTANT NOTICE, YC:CAR AND,EFa,I,L'I'BECAUSEYOUI-AVEFAJLED'rOENrER A WRIFI'EF, APPEA.I?.ANCEPLRSONALLY ORBYATTORNEY AND PILE ':N '.; IZITLtiG ' VMl l THE COURT YOUR DEFENSES OR C)BJFCTIOI' l'OTHiICIJiIMSSE"IFOR'rHAGAFNSTYOII.UNLESS YOU A( T 'JITII11, ,'EN (10) DAYS FROM THE DATE OF THC rfOTICE. UDOMENT MAY BE ENTERED AGATIST YOU ,YTFHOI T ' HE:`,R i:' G AND YOU MAY LOSE YOUR PROPERTY OR_ )THEIZ IWP )RT.1T1 . RIGHTS. YO. I : 1 ( 111)1 i'JCE THIS PAPER TO YOUR LAWYER Al ONCE. II Y0,; ) NOT F _YVE A LAWYER, GO TO OR TELEPHONE THE 7)I ICT PORIH BELOW. THIS OFFICE CA14 PROVIDE YOU WITH 1y )RMAT1; Pv ABOUT HIRING A LAWYER. I? '?'.)? ?AT:N:"C A}'FOKD TO HIRE A LAWYER, THIS OFFICE 1AA) BI: ,13LE tip) PROVIDE YOL! WITH INFORMATION ABOUT 1GLNCIE TILtf %'.AY OFFER LEGAL SERVICES TO ELIGIBLE- 'ER S(:' ,1, 7 A tU i)UCED FEE OR NO FEE. Cumberl Ird County Bar Association 3- South 3edfoid Street Carlisle, Pe)insyl'";ania 1701_; ( 8001 99? -91 rs 8 NOTIFICACION INIPOR1 ANTE US'rm SE ENCUENTRA EN ES 'I ADO ) L F F BELDIA POR NO HABER PRESFNTADO UNA COMPARIU'ENC;A ESCRITA, YA SEA PERSONALMENTE O POR AB(7G-AJ A , °t 'OR. NO HABER RADICADO POR ESCRITO C( ,'N 1;S I 1 RIBUNAL SUS DE17ENSAS U OBJECIONES A LO,; RECI.,VVIOS FORMULADOS EN CONTRA SUMO. AL NO TOM AR °,('CtON DEBIDA DE'JTRO DE DIET. (10) DIAS ]+ I A FI CHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA. ')IN NECESIDAD DE COMPARECER UST 'D EN CORTF. ?? ')=K IBEUBA ALGUNA, DI('T'AKSENI'ENCIAENSUCONI'R,0.1' .`.171 PODRIAPERDER BII"NES U OTROS DERECHOS IMPOK AN I L„ US"I ED LE: L)EBE TOMAR LSTF % SU ABOGADO INMEDIATAMENTE. SI USTFD NO 'I II NT A C?J ABOGADO, VA A O TELEFONEA LA OFICINA E.NTI fSC ;t F )U )_ ESTA OFICrKA LC PUEDE PROPORCIONAR CON INF(WI ,I, tIC)N ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PROPORCION,-,R `',A RA EMPLEAR UN AbOGA_DO, ESTA OFICINA PILhf I` S? R CAPAZ DE PR.OPORCIONARLO CON rNFOIrhaA:aO^„CERCA DE LAS AGENCIAS QUE PUEDEN OFRECER REF VICIOS LEGAL LS A PERSONAS ELEGIBLES EN U',I 13ON-)I< tiF IO 3FDUCIDO NI NINGUN HONOR_ARIO. Cumberland County Bar Assoclatsn1- 32 South Bedford Street Carlisle, Pennsylvania 1701: (NQO) S'9 91(1$/ Attorneys for Plaintiff / TERRENCE J. MCCABF, ESQUIRE MARC S. WEISBER(:,, ESQUIRE EDWARD D. CONWAY., ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE t McCABE,WEISBERG & CONWAY,P.C. ,4 . t' �� �`io �� 'r BY: Marc S. Weisberg,ESQUIRE Attorney for Plaintiff 2013 NOV 1 4 L � Identification Number 17616 ` `� i 123 South Broad Street, Suite 1400 CUMBERLAND. COUNTY Philadelphia,Pennsylvania 19109 PtNNSYLVkNIA (215) 790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No. 2012-1503CIVIL D. Theodore Opperman and Susanna B. Opperman Defendants PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST D. THEODORE OPPERMAN Plaintiff, M&T Bank, by and through its attorney,Marc S.Weisberg,Esquire,now moves this Honorable Court for summary judgment against defendant D. Theodore Opperman and alleges i as follows: 1. Plaintiff, M&T Bank, is a corporation duly organized under the laws of the United States of America with offices at 1100 Wehrle Drive, Williamsville,New York 14221. 2. Defendants are the owners of real property known as and located at 12 East Main Street,Silver Spring Township,New Kingstown,Pennsylvania 17055(hereinafter referred to as"the Property"). Plaintiff holds a mortgage on the Property. 3. On or about January 22, 1999,defendants made,executed,and delivered a mortgage to plaintiff s predecessor in interest, on the Property, which mortgage is recorded in the Office of the Recorder of Cumberland County at Mortgage Book 1517,Page 690 (the Mortgage). A copy of the Mortgage is attached hereto, made a part hereof and marked as Exhibit"A". 4. The Mortgage was subsequently assigned to plaintiff herein by an Assignment of Mortgage. (See Exhibit "G"). 5. The Property consists of all that certain real properly and improvements in the County of Cumberland and Commonwealth of Pennsylvania, being more fully described in the mortgage attached hereto as Exhibit "A". 6. On or about March 7, 2012, plaintiff filed a mortgage foreclosure action against defendants. A copy of the Complaint is attached hereto,made a part hereof and marked as Exhibit "B" 7. Defendant, D. Theodore Opperman, filed an Answer and New Matter to the Complaint, to which Plaintiff responded. True and correct copies of the Answer to the Complaint and the Reply to New Matter are attached hereto as Exhibits "C" and "D" respectively). Plaintiff entered Default Judgment against Susanna B. Opperman on May 3, 2012. 8. Plaintiff served Request for Admissions on Defendant's counsel on or about April 5,2012. Defendant replied to the Request for Admissions. A true and correct copy of the Request for Admissions and defendant's reply thereto are attached hereto as Exhibit "F" collectively. Defendant admits,by his inadequate,vague and/or nebulous answers to the Request for Admissions, the defaulted loan,and having been sent legal Act 6 letters. In fact,Defendant admits all pertinent allegations of plaintiff's Complaint with regard to default, arrearage, and notice. 9. By the answers contained in the Answer to Plaintiff's Complaint, and by the inadequate, vague and/or nebulous answers to the Request for Admissions, defendant admits that defendant is the record owner of the Property,that plaintiff has a mortgage on the Property,that the Mortgage is in default,and that an Act 6 Notice of Intent to Foreclose was sent. (See Exhibits"C" "B"and"F".) 10. Accordingly,it is admitted that there is a balance due on the mortgage in the amount of$29,975.47,that the per diem interest is$3.90,that on or about January 5,2012,plaintiff sent Act 6 letters to the defendant, and that those letters, in fact, complied with all statutory requirements. (See Exhibit"F"). 11. The Complaint,and Affidavit of Cynthia L.Barker,plaintiffs Vice President,attached hereto and incorporated into this Motion as Exhibit"G", sets forth the exact amount that defendant owes plaintiff, and defendant has not come forth with any supportable information to rebut this allegation. 12. The note evidencing the interest charged to the defendant are part of Exhibit"G",and are likewise unrebutted with any supportable information, as is the Assignment of Mortgage to plaintiff herein. 13. The attorney's fees and costs as requested by plaintiff in the Complaint are reasonable and are in conformity with Pennsylvania Law and will be collected in the event that sufficient funds are available from a third party purchaser at Sheriffs Sale. 14. All procedural local, state, and federal rules, regulations, and laws with respect to mortgage foreclosure have been complied with by plaintiff. 15. There are no genuine issues of material fact remaining, and plaintiff is entitled to summary judgment on its mortgage foreclosure action against defendant as a matter of law. WHEREFORE,plaintiffrequests this Honorable Court grant summary judgment in mortgage foreclosure in favor of plaintiff and against defendant and enter judgment against defendant in the amount of$29,975.41,together with interest at a rate of$3.90 per diem, plus costs, from April 4, 2013 to the entry of judgment,plus costs and interest from the date of judgment provided by law. Respectfully submitted, McCABE, WEISBERG& CONWAY,P.C. BY: Marc S. Weisberg, Esq ire Attorney for Plaintiff i McCABE,WEISBERG & CONWAY, P.C. BY: Marc S. Weisberg,ESQUIRE Attorney for Plaintiff Identification Number 17616 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No. 2012-1503CIVIL D. Theodore Opperman and Susanna B. Opperman Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST D. THEODORE OPPERMAN The purpose of the summary judgment procedure is to prevent vexation and delay,improve the machinery of justice,promote the expeditious disposition of cases and avoid unnecessary trials when there does not exist a genuine issue of material fact. Specifically,Rule 1035.2(1)of the Pennsylvania Rules of Civil Procedure provides, in pertinent part,that: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no issue of any material facts to a necessary element of the cause of action or defense which could be established by additional discovery or expert, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports,an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to the jury. Pa.R.C.P. 1035.2(1). See also, Williams v. Pilgrim Life Insurance Co., 306 Pa. Super. 170, 452 A.2d 269(1983). The burden of demonstrating that there is no genuine issue of material fact rests on the moving party. Hower v. WhitmakAssoc., 371 Pa. Super. 443, 538 A.2d 524 (1988); Carollo v. 48 Insulation, Inc., 252 Pa. Super 422, 381 A.2d 990 (1977). Once such a showing is made, summary judgment is appropriate where the adverse party is unable to produce probative evidence to the contrary. To this end, the adverse party may not claim that the averments of their pleadings, alone, are sufficient to raise a genuine issue of fact so as to defeat the motion. The adverse party must set forth specific facts showing there is a genuine issue of fact for trial. See Phaff v. Gerner, 541 Pa. 146, 303 A.2d 826(1973);Pape v.Smith,277.Pa. 80,323 A.2d 856(1974);Amabile v.Auto Kleen Car Wash,249 Pa.240,376 A.2d 247 (1977). Rule 1035.3 specifically provides, in pertinent part: (a) the adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion.... Pa.R.C.P. 1035.3 In the case at bar,the pleadings,exhibits,and Affidavit of plaintiff s Vice President,along with the inadequate answers to the Request for Admissions,establish conclusively that there are no genuine issues of material fact,and,thus,this case is ripe for summary judgment. Further,defendant's pleadings indicate that plaintiff is entitled to judgment as a matter of law. Plaintiff entered Default Judgment against Susanna B. Opperman on May 3, 2012. In his Answer to the Complaint and inadequate answers to the Request for Admissions, defendant admits directly or by indefinite denial,that: (1)he is the owner of the property located at 12 East Main Street, Silver Spring Township, New Kingstown, Pennsylvania 17055; (2) there is a mortgage on the property; (3)the mortgage is in default and; (4)Act 6 Notices were sent to defendant as required by applicable law. Defendant's Answer to Plaintiff s Complaint in Mortgage Foreclosure consists of admissions as well as indefinite denials or evasions which are not substantiated with corroborating evidence. Pennsylvania Rules of Civil Procedure, Rule 1029(b) states that, "[a]verments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication." Pa.R.C.P. 1029(b). Thus, unless the defendant wishes an allegation to be regarded as admitted, the defendant must specifically deny each allegation of fact contained in a Complaint to which a responsive pleading is required. General denials or demands for proof have the effect of admissions. Any form of general denial or general demand for proof is an admission. See First Wisconsin Trust Co. v. Strausser, et. al., 653 A.2d 688 (Pa. Super. 1995)("[T]his Court has held,however,that in mortgage foreclosure actions, general denials by mortgagors that they are without sufficient information to form a belief as to the truth of the averments as to the principal and interest owning must be considered an admission of fact")(citing,New York Guardian Mortgage Corp. v.Dietzel,362 Pa.Super.426,429,524 A.2d 951, 952 (1987)). See also 5 Standard Pennsylvania Practice 2d§26:41. It would appear then that "bare allegations of lack of knowledge" are also admissions. See Id. at §26:41. The Complaint,Answer,Affidavit of plaintiffs Vice President with attached Note evidencing the interest charged, and Request for Admissions clearly set forth the amount due and owing on the mortgage. The pleadings and relevant material are absent of any supported,documented dispute as to this figure. Additionally,the request for attorney's fees is reasonable under the circumstances and permitted by law as provided in the mortgage. See Fedland Bank of Baltimore v. Philip J. Fetner1410 A.2d 344 Pa. Super(1979). This disposes of any legal issue raised by defendant. Finally,the Complaint,Request for Admissions and Affidavit ofplaintiff s Vice President clearly set forth that proper notices required by Act 6 of 1974(41 P.S. §403)were forwarded to defendant.(See Exhibits`B", `B"and"G") Indeed, defendant could not refute with any supportive documentation any of plaintiffs allegations and admit in the various pleadings and discovery that: (1)he owns the property; (2)there is a mortgage on the property; (3)the mortgage is in default; (4)he has not paid the mortgage; and(5) he was sent all statutorily required notices. Summary judgment based upon contractual liability is appropriate when the documents are undisputed and there is no question as to the contracting parties' intent. See, e.g., Paul Revere Protective Life Ins. Co. v. Weis, 535 F.Supp. 379 (E.D.Pa. 1981);Kane Gas Light&Heating Co. v.Pennzoil Co.,587 F.Supp.910(W.D.Pa. 1984). Here,plaintiff initiated this action in mortgage foreclosure against defendant based upon defendant's mortgage obligation. As set forth herein,defendant did not dispute the existence of the mortgage documents and that they are a party to the mortgage. Furthermore, the pleadings, exhibits, and supporting affidavit of Plaintiffs Vice President clearly indicate that payments have not been made since November 1, 2011. Plaintiff's attached Exhibits and Affidavit in support of this motion establish conclusively that defendant executed a mortgage and note to which plaintiff is the originator or the successor in interest; defendant defaulted on payments in the amount of indebtedness, and there are no genuine issues of material fact. Moreover, defendant has presented no evidence through affidavits or substantiating documentation to the contrary. As stated above, defendant may not rest their argument on the pleadings. Therefore,plaintiff is entitled to summary judgment as a matter of law. Defendant,likewise,may not merely deny the amount owed or state that defendant is without information sufficient to form a belief as to the truth of plaintiffs averment as to principal and interest due. Such a general denial is to be considered an admission of those facts. New York Guardian Mortgage Corp. v. Dietzel, 524 A.2d 951, 362 Pa.Super. 426, 429 (1987); See also PA.R.C.P. Rule 1029(b,c) and First Wisconsin Trust Company v. Strausser, 653 A.2d 688, 439 Pa.Super. 192 (1995). Lack of admission as to amount of indebtedness in the pleadings of a defendant will not prevent the entry of summary judgment. Landau v. Western Pennsylvania National Bank, 282 A.2d 335, 445 Pa. 217, 225-6 (1971). Defendant raises no genuine issue of material fact when denying amounts owed by defendant to plaintiff. Case law on this issue is exceedingly clear, holding that "[a]n action in mortgage foreclosure is strictly an in rem proceeding,and the purpose of a judgment in mortgage foreclosure is solely to effect a judicial sale of the mortgaged property." New York Guardian Mortgage Corporation v. Dietzel, 362 Pa.Super. 426, 431, 524 A.2d 951, 953 (Pa.Super 1986). More importantly,the Court held that"[a]judgment in a mortgage foreclosure action is not a judgment for money damages . . . ." Ibid. Consequently, any contentions made by the defendants regarding the amounts owed by defendant to plaintiff, are not an issue of material fact in this strictly in rem proceeding. For all of the reasons set forth herein,and in the accompanying Motion for Summary Judgment, plaintiff requests this Honorable Court enter summary judgment in its favor and against defendant. Respectfully submitted, McCABE, WEISBERG& CONWAY,P.C. BY. Marc S. Weisberg,Esquire Attorney for Plaintiff Exhibit "A" D E D 4:, 5 LE R L A N D C 0 U N T Y PA #99 FEB 3 Pn 121$ WHEN RECORDED MAIL TO: SPACE ABOVE FOR RECORDERS USE COUNTRYWIDE HOME LOANS, INC. MSN SV-79/DOCUMENT CONTROL DEPT. PARCEL ID #: P.O.BOX 10266 VAN NUYS,CALIF fikRNIA 9 Pre aced by: L. STRUTHERS LOAN*: 7324878 ESCROW/CLOSING MORTGAGE THIS MORTGAGE("Security Instrument")is given on J a n u a ry 2 2, 19 9 9 The mortgagor is D. THEODORE OPPERMAN, AND SUSANNA 8 OPPERMAN, HUSBAND AND WIFE ("Borrower").This Security Instrument is given to COUNTRYWIDE HOME LOANS, INC. which is organized and existing under the laws of NEW YORK and whose address is 4500 PARK GRANADA, CALABASAS, CA 91302-1613 ("Lender").Borrower owes Lender the principal sum of NINETY FOUR THOUSAND FIVE HUNDRED and 00/100 Dollars (U.S. $ 94,500.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on February 1. 2014 . This Security Instrument secures to Lender (a) the repayment of the debt evidenced by the Note,with interest, and all renewals,extensions and modifications of the Note,(b)the payment of all other sums,with interest, advanced under paragraph 7 to protect the security of this Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower does hereby mortgage,grant and convey to Lender the following described property located in CUMBERLAND County,Pennsylvania: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3030 0/90 G)VH(PA) (9410).01 CHL(10197) VMP MORTGAGE FORMS-(900)621-7291 Page I of a AMU I 7A 2 3 9 9 1 0 0 7 3 2 4 8 7 8 0 0 0 0 0 K T 2 A 0 .WK1517pats X690 t • LOAN #: 7324878 which has the address of 12 EAST MAIN STREET NEW KINGSTON , [Street,City] Pennsylvania 17055- ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the'Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,except for encumbrances of record.Borrower warrants and will defend generally the tide to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1.Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2.Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note,until the Note is paid in full,a sum("Funds")for: (a)yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b)yearly leasehold payments or ground rents on the Property,if any;(c)yearly hazard or property insurance premiums;(d)yearly flood insurance premiums,if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender,in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"),unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality,or entity(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items.Lender may not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing,however,that interest shall be paid on the Funds.Lender shall give to Borrower,without charge,an annual accounting of the Funds,showing credits and debits to the Funds and the purpose for which each debit to the Funds was made.The Funds are pledged as additional security for all sums secured by this Security Instrument If the Funds held by Lender exceed the amounts permitted to be held by applicable law,Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law.If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due,Lender may so notify Borrower in writing,and,in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments,at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21,Lender shall acquire or sell the Property,Lender,prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3.Application of Payments. Unless applicable law provides otherwise,all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second,to amounts payable under paragraph 2; third,to interest due;fourth,to principal due;and last,to any late charges due under the Note. 4.Charges;Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any.Borrower shall pay these obligations in the manner provided in paragraph 2,or if not paid in that manner,Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly,Borrower shall promptly furnish to Lender receipts evidencing the payments. Form 30 �o•6H(PA) (9410).01 CH (10/97) Page 2 of 6 1nitlais: oaod517 racy S91 LOAN #: 7324878 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S.Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding,for which Lender requires insurance.This insurance shall be maintained in the amounts and for the periods that Lender requires.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened.If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments.If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6.Occupancy,Preservation,Maintenance and Protection of the Property; Borrower's Loan Application;Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.Borrower shall not destroy,damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination,precludes.forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence.If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease.If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7.Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property.Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Form 8039 9/90 ®®-8H(PA) (9410).01 CHL(10/97) Page 3 of 8 Inillal pook15i7 PAGE B92 ._..-.... -- LOAN #: 7324878 Any amounts disbursed by bender under this paragraph 7 shall become additional debt of Borrower secured by this Security I gvmt Uolm Barrows and Lady'op to ok terms of ppen� ft amour shall bear twt from ft ht of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8.Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in.effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. - 9.Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10.Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking, divided by (b)the fair market value of the Property immediately before the taking.Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the proceeds,at its option,either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11.Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest.Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b)is not personally obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13.Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14.Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Form 30 9 9190 ® -6H(PA) (9410).01 CHL(10/97) Page 4of 6 Initials wK 151?PAGE x693 LOAN #: 7324878 15.Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 16.Borrower's Copy. Borrower shall be riven one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18.Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys'fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred.However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19.Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument)may be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument.There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law.The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20.Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The preceding two.sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge.If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 21.Acceleration; Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (bat not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c)when the default must be cured;and(d)that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If the default is not cured as specified,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including, but not limited to,attorneys'fees and costs of title evidence to the extent permitted by applicable law. Form 3039 9190 ® -6H(PA) (9410).01 CHL(10197) Page 6 of 6 Inttials DoOK1517 PAGE 6694 LOAN #: 7324878 22.Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence,Lender shall discharge and satisfy this Security Instrument to Borrower.Borrower shall pay any recordation costs.Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted tinder applicable law. 23.Waivers. Borrower,to the extent permitted by applicable law,waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time,exemption from attachment,levy and sale,and homestead exemption. 24.Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25.Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 26.Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27.Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. [Check applicable box(es)] f Adjustable Rate Rider(s) ❑Condominium Rider ® 1-4 Family Rider 0 Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider 0 Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider []VA Rider 0 Other(s) [specify] BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants con this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: (Seal) D. TNEODO OPPERMA� �J� -Borrower ' (Seal) ANNA B OPPERMAN Borrower (Seal) (Seal) -Borrower -Borrower Certificate of Residence I, L . S}--r U44i U-5 ,do hereby certify that the(c�orma address of the within-named Mortgagee is W W, 6&iX ( f Witness my hand this day of Agent of Mortgagee COMMONWEALTH OF PE SYLVANIA, County ss: On this,the day of ,/or ,before me,the undersigned officer, 9 Z o me or s�abise@6 ' ven) to be eth person whose name subscribed to the within instrument and acknowledged t]ia[ '.;-:`_' = executed the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission Expires: NOTARIAL SEAL VICKIE R.WELKER,Notary Pure Title of Officer. •6H PA (sato�.ot HL na ill,Gumt;eriand Coun 9e s 016 © Form$039 9190 M Commission Expires March 4,199 yx RAW PACE X695 First American Title Insurance Company Commitment Number: 990042 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THOSE CERTAIN lots, tracts, or parcels of land situate in Silver Spring Township, Cumberland County, Pennsylvania, and being more particularly bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a point at other lands now or formerly of Ray D. McCoy and wife, which point is referenced at a sixty foot wide street and land now or formerly of C. W. Sunday; thence along the sixty foot wide street, south 16 degrees 11 minutes east, 131.34 feet to a point; thence along land now or formerly of C. W. Sunday, Lot No. 12 of the above-referred to Plan, south 74 degrees 59 minutes west, 120.77 feet to a point; thence along Lot No. 9 of the above-referred to Plan, north 22 degrees 52 minutes west, 28.23 feet to a point; thence along land now or formerly of Gordon S. Witt, north 71 degrees 38 minutes east, 65.82 feet to a point; thence by the same and crossing over a 16 foot wide alley, north 23 degrees 23 minutes west, 101 feet to a point; _ thence along lands now or formerly of Edgar P. Rosenberry, Jr. and the northern line of said alley, north 75 degrees 47 minutes east, 21 feet to a point; thence along lands now or formerly of Ray D. McCoy and wife, and the northern line of the sixteen foot wide alley, north 73 degrees 49 minutes east, 80 feet to a point on a 60 foot wide street, the point and place of BEGINNING. CONTAINING 13,145 square feet and being Lot No. 10 of the above-referred to Plan. TRACT NO. 2: BEGINNING at a point on a sixty foot wide street, which point is referenced 211 feet from the legal right-of-way line of U.S. Route 11, Carlisle Pike, L.R. 34; thence along the said sixty foot wide street, south 16 degrees 11 minutes east, 132.57 feet to a point; thence along land now or formerly of C. W. Sunday, Lot No. 12 of the above-referred to Plan, north 74 degrees 59 minutes east, 145.53 feet to a point; thence along land now or formerly of Hoff & March, Inc., north 18 degrees 01 minute west, 135.38 feet to a point; thence along lands now or formerly of Bruce L. Forrest and D. Theodore Opperman, South 73 degrees 54 minutes west, 141.17 feet to a point on the sixty foot wide street, the point and place of BEGINNING. CONTAINING 19,195 square feet and being Lot No. 11 of the above-referred to Plan. TRACT NO. 3: Bao 1517 PAGE X %m BEGINNING at a point along the public highway formerly known as the Harrisburg M , � Commitment Number: 990042 SCHEDULE C (Continued) and Chambersburg Turnpike; thence along lands now or formerly of John A. Stewart, south 16 degrees 30 minutes east, a distance of 211 feet to an iron pin along a proposed alley; thence along said alley, north 73 degres 30 minutes east, a distance of 50 feet; thence along lands now or formerly of Janet Glasgow, north 16 degrees 30 minutes west a distance of 211 feet to the said public highway; thence along said public highway, south 73 degrees 30 minutes west, a distance of 50 feet to the point or place of BEGINNING. SUBJECT, HOWEVER, to the.restriction that all buildings on the above described piece of land shall be set back at least twenty feet from the curb. TRACT NO. 4: $EGINNING at a point on the southern right-of-way line of United States Route 11, also known as the Carlisle Pike, which said point is 387 feet more or less east from the intersection of the said Carlisle Pike with the Locust Point Road; thence along an unnamed 60 foot wide street, a portion of which is shown as Lot No. 2 on the plan of lots recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Plan Book 39, page 60, south 16 degrees 11 minutes east, a distance of 211.00 feet to a point; thence along an unnamed 16 foot alley, south 73 degrees 40 minutes west, a distance of 30 feet to a point along other lands now or formerly of Ray D. McCoy and Esther I. McCoy, his wife; thence continuing along said lands, north 16 degrees 11 minutes west, ,a distance of 211.00 feet to a point of the southern right-of-way line of U.S. Route 11, also known as the Carlisle Pike; thence along said right-of-way line, north 73 degrees 49 minutes east, a distance of 30.00 feet to the point or place of BEGINNING. BEING the same premises which Ray D. McCoy and Esther I. McCoy, his wife, by Deed dated August 21, 1981 and recorded October 16, 1991 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book I-35, page 925, granted and conveyed unto D. Theodore Opperman and Susanna B. Potera. The said Susanna B. Potera is now known as Susanna B. Opperman. Cs State f ` ?;^;S g};Ivani2 L GeCf['3..1d J" ca fcr the g Deeds e e€r"i a recor in of(3ea ; ` .. e}- Grin i;aYlard County P tIo Pa ` +;roil ess my nand �d sai of office Carle ,PA the o g -•':� ,. a Recorder ' 'ir ALTA Commitment Schedule C 800K IW rACE &697 1-4 FAMILY RIDER Assignment of Rents WHEN RECORDED MAIL TO: SPACE ABOVE FOR RECORDERS USE COUNTRYWIDE HOME LOANS, INC. PARCEL ID #- MSNSV-79/DOCUMENT CONTROL DEPT. Prepared by: L. STRUTHERS P.O.BOX 10266 VAN NUYS,CALIFORNIA 91410-0266 LOAN#: 7324 78 ESCROW/CLOSING#: THIS 1-4 FAMILY RIDER is made this 22nd day of January , 1999, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument')of the same date given by the undersigned(the"Borrower")to secure Borrower's Note to COUNTRYWIDE HOME LOANS, INC. MULTISTATE 1-4 FAMILY RIDER-Fannie Mae/Freddie Mac Uniform Instrument Form 3170 9/90 Page 1 of 5 Amended 3/93 dM-571.1(9801) CHL(02/98) VMP MORTGAGE FORMS- 800 521-7291 Initials: ( ) * 2 3 9 9 1 ' • 0 0 7 3 2 4 8 7 8 0 0 0 0 0 K Q 2 A 0 • 00d517 PACE 698 ----------.- LOAN #: 7324878 (the"Lender")of the same date and covering the property described in the Security Instrument and located at: 12 EAST MAIN STREET, NEW KINGSTON PA, 17055- [Property Address] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A.ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument,the following items are added to the Property description,and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in,on,or used,or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinus, ranges, stoves, refrigerators, dishwashers, disposals, washers,dryers, awnings, storm windows, storm doors, screens,blinds,shades, curtains and curtain rods,attached mirrors,cabinets,panelling and attached floor coverings now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument(or the leasehold estate if the Security Instrument is on a leasehold)are referred to in this 1-4 Family Rider and the Security Instrument as the"Properly." B.USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification,unless Lender has agreed in writing to the change.. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Uniform Covenant 5. E."BORROWER'S RIGHT TO REINSTATE" DELETED. Uniform Covenant 18 is deleted. Initials: .Pd. •5711(9801) CHL(02!98) Page 2 of 5 m 31709/90 eoox1A7 PAGE. LOAN #: 7324878 F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, the first sentence in Uniform Covenant 6 concerning Borrower's occupancy of the Property is deleted. All remaining covenants and agreements set forth in Uniform Covenant 6 shall remain in effect. G.ASSIGNMENT OF LEASES. Upon Leader's request,Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues("Rents")of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents,and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of default pursuant to paragraph 21 of_the Security Instrument and(ii)Lender has given notice to the tenant(s)that the Rents are to be paid to Lender or Lender's agent This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (i)all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only,to be applied to the sums secured by the Security Instrument;(ii)Lender shall be entitled to collect and receive all of the Rents of the Property; (iii)Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv)unless applicable law provides otherwise,all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents,including, but not limited to,attorneys' fees,receiver's fees,premiums on receiver's bonds,repair and maintenance costs, insurance premiums,taxes,assessments and other charges on the Property,and then to the sums secured by the Security Instrument; (v) Lender,Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security instrument pursuant to Uniform Covenant 7. Initials: .67U(9801) CHL(02/98) Page 3 of 5 rm 3170 9190 HOOK15V PAGE _.-.. _,_........_ LOAN #: 7324878 Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However,Lender, or Lender's agents or a judicially appointed receiver,may do so at any time when a default occurs.Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. I.CROSS-DEFAULT PROVISION.Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. Initlals: A2P ` -57U(9801) CWL(02/98) Page 4 of 5 Form 3170 9190 Bood517 PAGe 70i N j: 7324878 BY SIGNING BELOW, Borrower accepts and agrees to e d rovisions contained in this 1-4 Family Rider. y (Seal) D. THEOD RE OPP AN -Borrower (Seal) USANNA B OPPERMAN' -Borrower (Seal) -Borrower (Seal) -Borrower 4MO-57t)(9801) CHL(02/98) Page 5 of 5 Form 3170 9/90 aooK1Wpm 702 Exhibit "B " :iR3-Cs ICS { C -RLAND COUt"T`k t�� �t�SYL.VAI�1A McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-_ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAM-ANNA,ESQUIRE-ID#310321 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 215 790-1010 M&T Bank Cumberland County 1100 Wehrle Drive Court of Common Pleas Williamsville,New York 14221 Number p'7 D l`a—1 w 3 V. D.Theodore Opperman 2812 Merion Road Camp Hill, Pennsylvania 1701,1 and Susanna B. Opperman fka Susanna B.Potera. 2812 Merion Road Camp Hill,Pennsylvania 17011 COMPLAINT IN MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend Le ban demandado a usted en la corte. Si usted quiere against the claims set forth in the following pages,you defenderse de estas demandas ex-puestas en las paginas must take action within twenty (20) days after this siguientes,usted tiene veinte(20)dias de plazo al partir complaint and notice are served,by entering a written de la fecha de la demanda y la notificacion. Hace falta appearance personally or by attorney and filing in asentar una comparencia escrita o en persona o con un writing with the court your defenses or objections to the abogado y entregar a la cone en forma escrita sus claims set forth against you. You are warned that ifyou defensas o sus objeciones a las demandas en contra de fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende,la judgment may be entered against you by the court corte tomara medidas y puede continuar la demanda en without further notice for any money claimed in the contra suya sin previo aviso o notificacion. Ademas,la complaint or for any other claim or relief requested by corte puede decidir a favor del demandante y requiere the plaintiff. You may lose money or property or other que usted cumpla con todas ]as provisiones de esta rights important to you. demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT USTED LE DEBE TOMAR ESTE PAPEL A HAVE A LAWYER,GO TO OR TELEPHONE THE SUABOGADO INMEDIATAMENTE,SI USTEDNO OFFICE SET FORTH BELOW. THIS OFFICE CAN TIENE A UN ABOGADO,VA A O TELEFONEA LA PROVIDE YOU WITH INFORMATION ABOUT OFICINA EXPUSO ABAJO. ESTA OFICINA LO HIRING A LAWYER. PUEDE PROPORCIONAR CON INFORMATION IF YOU CANNOT AFFORD TO HIRE A ACERCA DE EMPLEAR A UN ABOGADO. LAWYER, THIS OFFICE MAY BE ABLE TO SI USTED NO PUEDE PROPORCIONAR PROVIDE YOU WITH INFORMATION ABOUT PARA EMPLEAR UN ABOGADO,ESTA OFICINA AGENCIES THAT MAY OFFER LEGAL SERVICES PUEDE SER CAPAZ DE PROPORCIONARLO CON TO ELIGIBLE PERSONS AT A REDUCED FEE OR INFORMACION ACERCA DE LAS AGENCIAS NO FEE. QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN Cumberland County Bar Association HONORARIO REDUCIDO NI NINGUN 32 South Bedford Street HONORARIO. Carlisle,Pennsylvania 17013 (800)990-9108 Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T Bank,duly organized and doing business at the above-captioned address. 2. The Defendant is D. Theodore Opperman, who is the mortgagor and real owner of the mortgaged property hereinafter described,and his/her last-known address is 2812 Merion Road,Camp Hill, Pennsylvania 17011. 3. The Defendant is Susanna B. Opperman fka Susanna B.Potera,who is the mortgagor and real owner of the mortgaged property hereinafter described,and his/her last-known address is 2812 Merion Road, Camp Hill,Pennsylvania 17011. 4. On January 22, 1999, D. Theodore Opperman and Susanna B. Opperman fka Susanna B. Potera made,executed and delivered a mortgage upon the premises hereinafter described to Countrywide Home Loans, Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1517,Page 690, such Mortgage being incorporated herein by reference by virtue of Rule 1019(g)Pa.R. C. P. 5. On February 2,2012,the aforesaid mortgage was thereafter assigned by Countrywide Home Loans, Inc. to M&T Bank, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument#2012033 69,such Assignment ofMortgage being incorporated . herein by reference by virtue of Rule 1019(g)Pa.R. C.P. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit"A" and is known as 12 East Main Street, Silver Spring Township,New Kingstown, PA 17055. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1, 2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 21,471.47 Interest through March 1,2012 $ 592.70 (Plus$3.90 per diem thereafter) Attorney's Fee $ 1,450.00 Late Charges $ 61.49 Corporate Advance $ 50.50 Escrow Advance $ 28.00 GRAND TOTAL $ 23,654.16 9. Notice of Intention to Foreclose under Act 6 of 1974(41 P.S.§403)was sent to Defendants by certified snail,return receipt requested as required by that Act. Notice under the Homeowner's Emergency Mortgage Assistance Act(Act 91)was not provided as the provisions of such Act were not applicable at that time and no notice under such Act was required. WHEREFORE,Plaintiffdemands in rem Judgment againstthe Defendants in the sum of$23,654.16, together with interest at the rate of$3.90 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE,WEISBERG AND CONWAY,P.C. BY: [ ]TERRENCE J.McCABE,ESQUIRE [ ]MARC S.WEISBERG,ESQUIRE [ ]EDWARD D. CONWAY,ESQUIRE [ ]MARGARET GAIRO,ESQUIRE r] ANDREW L.MARKOWITZ, ESQUIRE HEIDI R.. SPIVAK,ESQUIRE [ ]MARISA J. COHEN,ESQUIRE, [ ] KEVIN T. MCQUAIL,ESQUIRE [ ] CHRISTINE L. GRAHAM,ESQUIRE [ ]BRIAN T. LAMANNA,ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative,who is out of jurisdiction and not available to sign this verification at this time,and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. MCCABE,WEISBERG AND CONWAY,P.C. BY: _ [ ] TERRENCE J. CABE;ESQUIRE [ ]MARC S. WEISBERG,ESQUIRE [ ]EDWARD D. CONWAY,ESQUIR [ ] MARGARET GAIRO,ESQUIRE ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R. SPIVAK,ESQUIRE [ ]MARISA J. COHEN,ESQUIRE [ ]KEVIN T.MCQUAIL,ESQUIRE [ ] CHRISTINE L. GRAHAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE Attorneys for Plaintiff M&T Bank v.D.Theodore Opperman and Susanna B.Opperman flea Susanna B.Potera First American Title Insurance Company Commitment Number: 990042 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THOSE CERTAIN lots, tracts, or parcels of land situate in Silver Spring Township, Cumberland County, Pennsylvania, and being more particularly bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a point at other lands now or formerly of Ray D. McCoy and wife, which point is referenced at a sixty foot wide street and land now or formerly of C. W. Sunday; thence along the sixty foot wide street, south 16 degrees 11 minutes east, 131.34 feet to a point; thence along land now or formerly of C. W. Sunday, Lot No. 12 of the above-referred to Plan, south 74 degrees 59 minutes west, 120.77 feet to a point; thence along Lot No. 9 of the above-referred to Plan, north 22 degrees 52 minutes west, 28.23 feet to a point; thence along land now or formerly of Gordon S. Witt, north 71 degrees 38 minutes east, 65.82 feet to a point; thence by the same and crossing over a 16 foot wide alley, north 23 degrees 23 minutes west, 101 feet to a point; _ thence along lands now or formerly of Edgar P. Rosenberry, Jr. and the northern line of said alley, north 75 degrees 47 minutes east, 21 feet to a point; thence along lands now or formerly of Ray D. McCoy and wife, and the n.orthern line of the sixteen foot wide alley, north 73 degrees 49 minutes east, 80 feet to a point on a 60 foot wide street, the point and place of BEGINNING. CONTAINING 13,145 square feet and being Lot No. 10 of the above-referred to Plan. TRACT NO. 2• BEGINNING at a point on a sixty foot wide street, which point is referenced 211 feet from the legal right-of-way line of U.S. Route 11, Carlisle Pike, g 9 Y L.R. 34; thence along the said sixty foot wide street, south 16 degrees 11 minutes east, 132.57 feet to a point; thence along land now or formerly of C. W. Sunday, Lot No. 12 of the above-referred to Plan, north 74 degrees 59 minutes east, 145.53 feet to a point; thence along land now or formerly of Hoff & March, Inc., north 18 degrees 02 minute west, 135.38 feet to a point; thence along lands now or formerly of Bruce L. Forrest and D. Theodore Opperman, South 73 degrees 54 minutes west, 141.17 feet to a point on the sixty foot wide street, the point and place of BEGINNING. CONTAINING 19,195 square feet and being Lot No. 11 of the above-referred to Plan. TRACT N0. 3: Beod5V PAGE ,695 BEGINNING at a point along the public highway formerly Down as the Harrisburg M , � Commitment Number: 990042 SCHEDULE C (Continued) and Chambersburg Turnpike; thence along lands now or formerly of John A. Stewart, south 16 degrees 30 minutes east, a distance of 211 feet to an iron pin along a proposed alley; thence along said alley, north 73 degres 30 minutes east, a distance of 50 feet; thence along lands now or formerly of Janet Glasgow, north 16 degrees 30 minutes west a distance of 211 feet to the said public highway; thence along said public highway, south 73 degrees 30 minutes west, a distance of 50 feet to the point or place of BEGINNING. SUBJECT, HOWEVER, to the.restriction that all buildings on the above described piece of land shall be set back at least twenty feet from the curb. TRACT NO. 4: $EGINNING at a point on the southern right-of-way line of United States Route 11, also known as the Carlisle Pike, which said point is 387 feet more or less east from the intersection of the said Carlisle Pike with the Locust Point Road; thence along an unnamed 60 foot wide street, a portion of which is shown as Lot No. 2 on the plan of lots recorded in the Recorder of Deeds office in and for Cumberland County, Pennsylvania, in Plan Book 39, page 60, south 16 degrees 11 minutes east, a distance of 211.00 feet to a point; thence along an inmamed 16 foot alley, south 73 degrees 40 minutes west, a distance of 30 feet to a point along other lands now or formerly of Ray D. McCoy and Esther 1. McCoy, his wife; thence continuing along said lands, north 16 degrees 11 minutes west, ,,a distance of 211.00 feet to a point of the southern tight-of-way line of U.S. Route 11, also known as the Carlisle Pike; thence along said right-of-way line, north 73 degrees 49 minutes east,• a distance of 30.00 feet to the point or place of 'BEGINNING. BEING the same premises which Ray D. McCoy and Esther I. McCoy, his wife, by Deed dated August 21, 1981 and recorded October 16, 1991 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 1-35, page 925, granted and conveyed unto D. Theodore Opperman and Susanna B. Potera. The said Susanna B. Potera is now known as Susanna B. Opperman. i Sias of Pennsylvania a a`` W, '` ;�' •. COUMIy of(.'ulrm er fandf 86 Pec resi 1p the office for Ay, P eads � �•r; ;�. �'' r e, and nerian :s;t. ,•, :; .. t Bo Vol'wit ess my hand d eelCarti ,PA thi ALTA Commitment Schedule c BOOK15VIAGE 697 ` i Exhibit " C " THE LAW OFFICES OF MARTINO,KARASEK AND MARTINO,L.L.P. 641 MARKET STREET BANGOR,NORTHAMPTON COUNTY,PENNSYLVANIA 18013 TELEPHONE(610)588-0224 TELEFAX (610)588-2088 DAVID A.MARTINO MONROE COUNTY OFFICE: RONOLD J.KARASEK PENNSYLVANIA ROUTE NO.209 ANTHONY J.MARTINO POST OFFICE BOX 420 BRODHEADSVILLE,PA 18322 TELEPHONE(570)992-2424 MATTHEW J.GOODRICH TELEFAX(570)992-5294 March 30, 2012 Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: M &T Bank vs. D. Theodore Opperman and Susanna B. Opperman fka Susanna B. Patera No. 2012 1503 Civil Dear Prothonotary: Enclosed herewith please find an original and one copy of an Answer and New Matter of Defendant D. Theodore Opperman to Plaintiffs Complaint to be filed in the above referenced matter. Please time stamp the copy and return it in the self-addressed stamped envelope which is provided. Thank you. Very truly yours, MARTINO, KARASEKAND MARTINO, LLP Ant o J. a 4s q AJM:ejs Enclosures cc: Terrence J. McCabe, Esquire vvvrti V 1'1r� Lj. Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION M & T BANK NO. 2012 1503 CIVIL Plaintiff V. ; D. THEODORE OPPERMAN AND SUSANNA B. OPPERMAN fka SUSANNA B. POTERA Defendants NOTICE TO PLEAD You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this New Matter 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 judgment may be entered against you by the Court without further notice for any money claimed in the New Matter or for any other claim or relief requested by the Defendant. 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 CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW[TO FIND OUT WHERE YOU CAN GET LEGAL HELP]. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990 9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Northampton County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. MARTINO, KARASEK and MARTINO, LLP Anthony J. Martino, squire I.D. No. 46444 641 Market Street Bangor, Pennsylvania 18013 (610) 588-0224 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION M & T BANK : NO. 2012 1503 CIVIL Plaintiff V. : D. THEODORE OPPERMAN AND SUSANNA B. OPPERMAN fka SUSANNA B. POTERA : Defendants ANSWER AND NEW MATTER OF DEFENDANT D. THEODORE OPPERMAN TO PLAINTIFF'S COMPLAINT AND NOW this 30"' day of March, 2012 come the Defendant, D. Theodore Opperman, hereinafter referred to as "Answering Defendant" by and through counsel, Martino, Kasasek and Martino, LLP, by Anthony J. Martino, Esquire, and files the following Answer and New Matter to the Plaintiff's Complaint: 1. The Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations of paragraph 1 of the Plaintiffs Complaint and accordingly the allegations are denied and strict proof thereof is demanded. 2. It is admitted that the Answering Defendant is a mortgagor and real owner of the mortgaged property. It is specifically denied that his last known address is 2812 Merion Road, Camphill, PA 17011. In fact the Answering Defendant's address is 962 Pennsylvania Avenue, Pen Argyl, Pennsylvania 18072. 3. It is admitted that the Defendant, Susanna B. Opperman fka Susanna B. Potera is a mortgagor and real owner of the mortgaged property. It is specifically denied that her last known address is 2812 Merion Road, Camphill, PA 17011. 4. Admitted. 5. The Answering Defendant is without sufficient knowledge or information to form a belief as to the allegations of paragraph 5 of the Plaint'iff's Complaint and accordingly said allegations are denied and strict proof thereof is demanded. 6. Admitted. 7. It is specifically denied that the mortgage is in default. The Answering Defendant believes and therefore avers that all of the payments of principal and interest which are due on said mortgage have been paid. Strict proof to the contrary is demanded. 2 8. It is specifically denied that the principal balance, interest, attorney's fees, late charges, corporate advance and escrow advance are due presently as the mortgage is not in default. Strict proof of the allegations of paragraph 8 of the Complaint is demanded. 9. It is specifically denied that Notice of Intention to Foreclose was sent to the Answering Defendant by certified mail return receipt requested as required. The Answering Defendant did not receive a copy of said notice. It is further denied that notice under the Horneowner's, Emergency Mortgage Assistance Act is not required. WHEREFORE, the Answering Defendant respectfully requests this Honorable Court to enter judgment in his favor and against the Plaintiff and to assess the costs of suit against the Plaintiff. NEW MATTER 1. The Answering Defendant submits that the Plaintiff has failed to set forth a cause of action upon which relief can be granted against him. 2. The Plaintiff has failed to provide Notice of Intention to Foreclose to the Answering Defendant as required by law. 3 3. The Plaintiff has failed to provide notice under the Homeowner's Emergency Mortgage Assistance Act to the Answering Defendant as required by law. 4. The mortgage in question is not in default in as much as the Answering Defendant believes and therefore avers that all of the amounts of principal and interest which are due to date have been paid. 5. The Answering Defendant believes and therefore avers that payments made to the Plaintiff have not been properly credited thus causing the Plaintiff to conclude that the mortgage is in default when it is not. WHEREFORE, the Answering Defendant respectfully requests this Honorable Court to enter judgment in his favor and against the Plaintiff and to assess the costs of suit against the Plaintiff. Respectfully submitted, MARTIN.OI, KARASEK and MARTINO, LLP Anthony J. Martino, squire I.D. No. 46444 Attorney for Defendant, Christine E. Oldt 641 Market Street, Bangor, PA 18013 (610)588-0224 Date: March 30,2012 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION M & T BANK NO. 2012 1503 CIVIL Plaintiff V. D. THEODORE OPPERMAN AND SUSANNA B. OPPERMAN fka ; SUSANNA B. POTERA Defendants CERTIFICATE OF SERVICE I, Anthony J. Martino, Esquire, do hereby certify that I served a copy of the Answer and New Matter of Answering Defendant D. Theodore Opperman to Plaintiffs Complaint by regular mail, postage prepaid, upon the individuals at the addresses stated below: McCabe, Weisberg and Conway, P.C. Terrence J. McCabe, Esquire 123 South Broad Street, Suite 2080 Philadelphia, Pennslvania 19109 Respectfully submitted, MARTINO, KARASEK and MARTINO, LLP Anthony J. Martino, quire I.D. No. 46444 Attorney for Defendant D. Theodore Opperman 641 Market Street, Bangor, PA 18013 (610)588-0224 Dated: March 30,2012 5 r VERIFICATION i I, D. Theodore Opperman verify that the statements set forth in the attached Answer and New Matter are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. D. Theodore Opperman Exhibit "D " McCABE,WEISBERG & CONWAY,P.C. MARC S.WE.ISBERG,ESQUIRE-ID#17616 Attorney for Plaintiff 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No.2012-1503CIVIL D. Theodore Opperman and Susanna B. Opperman Defendants PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff M&T Bank (hereinafter"M&T Bank"), by and through its attorney, Marc S. Weisberg, Esquire,hereby responds to the New Matter of Defendant D. Theodore Opperman to plaintiff s Complaint in this matter as follows: 1. Denied, said averments are conclusions of law. 2. Denied,said averments are conclusions of law. 3. Denied,said averments are conclusions of law. 4. Denied.On the contrary the mortgage in question Is in fact in default as averred in plaintiff's complaint and is reasserted again herein. 5. Denied as stated.All amounts tendered to plaintiff by defendant in the proper amount due, at the proper time they were due have been properly credited, contrary to Defendant's averment. WHEREFORE, Plaintiff respectfully requests that defendants' New Matter to Plaintiffs Complaint be dismissed in its entirety and that judgment be entered in favor of plaintiff and against defendants for such relief as is requested in plaintiff's Complaint. ' Mar . Weisberg, Esquire Attorney for Plaintiff FNMA McCABE,WEISBERG & CONWAY,P.C. MARC S.WEISBERG,ESQUIRE-ID#17616 Attorney for Plaintiff 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No.2012-1503CIVIL D. Theodore Opperman and Susanna B. Opperman Defendants CERTIFICATE OF SERVICE 1, Marc S.Weisberg, Esquire,Attorney for Plaintiff,hereby certifies that a true and correct copy of the foregoing Plaintiff's Reply to New Matter was served on the following persons on the day of ,20 by depositing same in the United States mail, first-class, postage pre-paid, addressed as follows: Anthony J.Martino,Esquire Martino,Karasek and Martino, LLP 641 Market Street Bangor,Pennsylvania 18013 Counsel for Defendant D. Theodore Opperman DATE: Marc S. Weisberg,Esquire Attorney for Plaintiff Exhibit "E " TERRENCE 1.McCABE LAW OFFICES MARLS.V,. MCCABE WEISBERG& CONWAY,P.C. SUITE A EDWARD D.CONWAY CONW ! 216 NADDON AVENUE MARGARET GAIRO WESTMONT,N)08108 LISA L.WALLACE (856)858-70110 DEBORAH K CURRAN SUITE 2080 FAX(856)953-7020 LAURA H O.O'SULLIVAN 123 SOUTH BROAD STREET Z JANET Z.C I SUITE 499 GAVL C SPI V AK ALTON PHELADELPHI&PA 19109 145 HUGUENOT STREET JASON E.BROOKS (215)790-1010 NEW ROCHELLE,NY 10801 ANDREW L MARKOWRZ FAX(215)790-1274 ceNeR(914)-6.16-9900 l 636-1190) HE DT R,SPIVAK CATHERINE E.WELKER SAMANTHA A.CLIFFORD SUITE 800 312 MARSHALL AVENUE DIANA CE ARENA LAUREL NO 20707 DIANA C.COHEN GOU MARISA!COHEN (301)490-3361 FAX 001)490.1568 T.LA MARK Alm a ofCobuobls 10-ANN T. MBERTQ'NEILL April 5,2012 cavicing(he Dind MELISSA A.SPOSATO SURE 202 M. BRIAN T. ,CEMENT NA 4021 UNIVERSITY DRIVE CORRIN DEMEHT FAIRFAX,VA 22030 PHILLIP W E.RUSSELL (866)6564379 MA777fEW E.RUSSELL ERIN M.BRADY SUITE]00 MICHAEL LEHRMAN RICHARD O'BRIEN 30 BUXTON FARMS ROAD LAURA T.CURRY STAMFORD.CT 06905 (203)9924200 BENJAMIN N.MOORS PAX:(855)425.1979 BENJAMIN P.SMITH KEVIN T.McQUAIL ALEXANDRA T.GARCIA SURE JONATHAN ELEFAN` T)ELAWARE CORPORATE CENTER 1 LAURA L.LATTA ONE RIGHTER PARKWAY ABBY K.MOYNIHAN W(LMINO(02)4 .520 19803 CHRISTI NE L GRAHAM (102)!'"-3520 SHEERA G.ENGRISSEI FAX 855.425.1980 PETER DINSMORE JOSE HASBUN JONATHAN POU ACK MAKENNA E.PORCH RICHARD SU20R.1R. HEATHER M WEINERT LOCASM ANDERSON THEODORE!MORALLE WILLIAM D JENNINGS Cw ww,,..cH�s.�4rlKeiuu,4 Anthony J.Martino,Esquire Martino,Karasek and Martino,LLP 641 Market Street Bangor,Pennsylvania 1.8013 Re: M&T Bank v.D.Theodore Opperman and Susanna B.Opperman, CUMBERLAND COUNTY;CCP;No.2012-1503CIVIL Dear Mr.Martino: Enclosed please find an original Request for Admissions and Plaintiffs Reply to New Matter which we are serving upon you as counsel for the defendant,D.Theodore Opperman, in the above matter on behalf of Plaintiff in accordance with Rule 4014 of the Pennsylvania Rules of Civil Procedure. Please note that you must respond to this Request for Admissions within thirty(30)days from the date of service hereof in accordance with Rule 4014 Pa.R. C.P. Additionally,we are writing to inquire as to your client's intentions as for curing the arrearage. If your client is interested in a possible loss mitigation alternative,kindly contact our loss mitigation/conciliation department. The fax number of our loss mitigation/conciliation department is:(215)790-1274, If you should wish to discuss this matter,please feel free to contact me at the above telephone number. V-v,,y truly yours, jc S. Weisberg,Esquire MSW:cxn Enclosure This is a communication from a debt collector. This letter may be a12 attempt to collect a debt and any information obtained will be used for that purpose. TO THE HEREIN:DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PLEADING WITHIN THIRTY(30)DAYS OF SERVICE THEREOF OR A JUDGMENT MAY BE ENTERED A ST YOU A'D ORNEY FOR PLAINTIFF McCABE, WEISBERG& CONWAY,P.C. MARC S. WEISBERG,ESQUIRE-ID#17616 Attorney for Plaintiff 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No. 2012-1503CIVIL D.Theodore Opperman and Susanna B. Opperman Defendants REQUEST FOR ADMISSIONS Pursuant to the Pennsylvania Rules of Civil Procedure,Rule 4014,Plaintiff has served upon you a written Request for Admissions for the purpose of the pending action, relating to statements or opinions of fact or the application of law to fact, including the genuineness,authenticity, correctness, execution, signing,delivery, mailing or receipt of any document described in the request. Note that each allegation set forth will be admitted unless,within thirty(30)days after service of the request,or within such shorter time or longer time as the Court may allow,the party to whom the request is directed,shall serve upon the party requesting the admission,a verified answer by a party or an objection, signed by the party or his attorney. For the purposes of these Requests for Admissions, M&T Bank will be hereafter termed "Plaintiff," and D.Theodore Opperman will be termed "Defendant." 1. The mortgage for plaintiff is in default because monthly payments of principal and interest upon said mortgage due November 1, 2011 and each month thereafter are unpaid. Ifthe above request for admission is denied,attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 2. The principal balance due on the mortgage is$21,471.47. Ifthe above request for admission is denied,attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 3. The interest per diem is $3.90, and the interest due on the note and mortgage through March 1, 2012 is$592.70. Ifthe above request for admission is denied,attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 4. Plaintiff sent notices to Defendant under Act 6 and Act 91 letters which were received by Defendant. If the above request for admission is denied,attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 5. The notice sent to Defendant under Act 6 and Act 91 complied with all statutory requirements. Ifthe above request for admission is denied,attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 6. Attorney's fees are in conformity with the mortgage loan documents and Pennsylvania Law. Ifthe above request for admission is denied,attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. McCABE, WEISBERG& CONWAY, P.C. Attorneys for Plaintiff f� Marc . Weisberg, Esquire McCABE,WEISBERG& CONWAY,P.C. MARC S. WEISBERG,ESQUIRE-ID# 17616 Attorney for Plaintiff 123 South Broad Street, Suite 2080 Philadelphia,Pennsylvania 19109 (215) 790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No.2012-1503CWIL D. Theodore Opperman and Susanna B. Opperman Defendants CERTIFICATE OF SERVICE 1,Marc S. Weisberg,Esquire,attorney for Plaintiff,hereby certify that a true and correct copy of the within Request for Admissions was served on the below person(s)by regular United States mail, first class, postage prepaid, on 5th day of April, 2012. Anthony J.Martino,Esquire Martino,Karasek and Martino, LLP 641 Market Street Bangor, Pennsylvania 18013 DATE: C Mar Weisberg,Esquire THE LAW OFFICES OF MARTINO, KARASEK AND MARTINO,L.L.P. r! 641 MARKET STREET BANGOR,NORTHAMPTON COUNTY,PENNSYLVANIA 18013 TELEPHONE (610)588-0224 TELEFAX (610)588-2088 MONROE COUNTY OFFICE: DAVID A.MARTINO RONOLD J.KARASEK PENNSYLVANIA ROUTE NO.209 ANTHONY J.MARTINO POST OFFICE BOX 420 BRODHEADSVILLE,PA 18322 TELEPHONE(570)992-2424 MATTHEW J.GOODRICH TELEFAX(570)992-5294 May 2, 2012 Marc S. Weisberg, Esquire ' McCabe, Weisberg & Conway, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 Re: M & T Bank vs. D. Theodore Opperman and Susanna B. Opperman Cumberland County Court of Common Pleas No. 2012 1503 Civil Dear Attorney Weisberg: Enclosed herewith please find Defendant D. Theodore Opperman's Response to Request for Admissions in regard to the above referenced matter. Very truly yours, MART , KARASEK AND MARTINO, LLP '�% 11 Anthony J. Martino, quire AJM:ejs Enclosures IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION — LAW M & TBANK No. 2012— 1503 CIVIL Plaintiff vs D. THEODORE OPPERMAN AND SUSANNA B. OPPERMAN Defendants DEFENDANT D. THEODORE OPPERMAN'S RESPONSE TO REQUEST FOR ADMISSIONS 1. The mortgage for plaintiff is in default because monthly payments of principal and interest upon said mortgage due November 1, 2011 and each month thereafter are unpaid. The Defendant D. Theodore Opperman denies that the mortgage at issue is in default and further denies that the monthly payment of principal and interest upon said mortgage due on November 1, 2011 and each month thereafter are unpaid. 2. The principal balance due on the mortgage is $21,471.47. The Defendant D. Theodore Opperman denies that the principal balance on the mortgage is $21,471.47. 3. The interest per diem is $3.90, and the interest due on the note and mortgage through March 1, 2012 is $592.70. The Defendant D. Theodore Opperman denies that the per diem interest amount is $3.90 and further denies that the interest due on the note and mortgage through March 1, 2012 is $592.70. 4. Plaintiff sent notices to Defendant under Act 6 and Act 91 letters which were received by Defendant. The Defendant D. Theodore Opperman denies that the Plaintiff sent notices to him under Act 6 or Act 91 because he did not receive any such notices. 5. The notice sent to Defendant under Act 6 and Act 91 complied with all statutory requirements. The Defendant D. Theodore Opperman denies that any notice was sent to him under Act 6 or Act 91 or that any notice complied with all statutory requirements because he did not receive any such notices. 6. Attorney's fees are in conformity with the mortgage loan documents and Pennsylvania Law. 2 The Defendant D. Theodore Opperman denies that attorney's fees are in conformity with the mortgage loan documents and Pennsylvania Law. Respectfully submitted, MARTINO, KARASEK and MARTINO, LLP Anthony J. Martino, Esquire I.D. No. 46444 641 Market Street Bangor, PA 18013 (610) 588-0224 Dated: May 2, 2012 3 VERIFICATION I, D. Theodore Opperman verify that the statements set forth in the attached Response to Request for Admissions are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. D. Theodore Opperman Exhibit "F " M&T Bank P.O. Box 840 Buffalo,NY 14240-0840 M&T Bank 01/05/2012 Certified No.: 71826389306020448319 D Theodore Opperman 12e Main St New Kingston PA 17055 11.v F-III ir RE: Mortgage No.:0050020155, Mortgaged Premisses: 12e Main St New Kingston,PA 17055 ACT 6 NOTICE NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgage Customer(s): The MORTGAGE held by M&T Bank on your property located at: 12e Main St New Kingston PA 17055 IS IN SERIOUS DEFAULT because you have not made the monthly payments of$1165.75 from 11/01/2011 through today. Late charges and other charges have also accrued to this date in the amount of$.00 for late charges and$34.00 for other charges. The total amount now required to cure this default,or in other words,get caught up in your payments,as of the date of this letter, is$3531.25. You may cure this default within THIRTY(30)DAYS of the date of this letter, by paying to us the above amount of, $3531,25,plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check,certified check or money order, and made at M&T Bank One Fountain Plaza-71h Floor Buffalo,NY 14203 ATTN: Payment Processing If you do not cure the default within THIRTY(30)DAYS,we intend to exercise our right to accelerate the mortgage payments.This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY(30)DAYS,we also intend to instruct our attorneys to start a lawsuit to foreclosure your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys,but you cure the default before they begin legal proceedings against you,you will still have to pay the reasonable attorney's fees,actually incurred, up to$50.00. However,if legal proceedings are started against you,you will have to pay the reasonable attorney's fees even if they are over$50.00. Any attorney's fees will be added to whatever you owe us,which may also include our reasonable costs. If you cure the default within the thirty day period,you will not be required to pay attorney's fees. 1 800 724 1633 Payment Processing-P.O.Box 62182,Baltimore,MD 21264-2182 Mortgage account information,just a click away.www.mtb.com We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosures sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 10 months from the date of this notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following,number 1-800-724-1633. This payment must be in cash, cashiers' check,certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale,a lawsuit could be stared to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR TO BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT,PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE,AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default,the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. If you have any questions regarding this letter,please feel free to contact our office at 1-800-724-1633. Sincerely, oseph Morrison Homeowner Assistance Center 1-800-724-1633 M&T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect the debt against you personally,but is notice of a possible enforcement of the lien against the collateral property. M&T Bank --- P.O. Box 840 M&T Bank Buffalo,NY 14240-0840 01/05/2012 Certified No.: 71826389306020448302 Susanna B Opperman 12e Main St New Kingston PA 17055 't�'III�I��II �I��III�I� I �IIIII �IIIIIt�llllll'll� l�lll'I RE: Mortgage No.: 0050020155 Mortgaged Premisses: 12e Main St New Kingston, PA 17055 ACT 6 NOTICE NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgage Customer(s): The MORTGAGE held by M&T Bank on your property located at: 12e Main St New Kingston PA 17055 IS IN SERIOUS DEFAULT because you have not made the monthly payments of$1165.75 from 11/01/2011 through today. Late charges and other charges have also accrued to this date in the amount of$.00 for late charges and$34.00 for other charges. The total amount now required to cure this default, or in other words,get caught up in your payments, as of the date of this letter, is$3531.25. You may cure this default within THIRTY(30)DAYS of the date of this letter, by paying to us the above amount of, $3531.25,plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check,certified check or money order, and made at M&T Bank One Fountain Plaza-7th Floor Buffalo,NY 14203 ATTN: Payment Processing If you do not cure the default within THIRTY(30)DAYS,we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY(30)DAYS,we also intend to instruct our attorneys to start a lawsuit to foreclosure your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys,but you cure the default before they begin legal proceedings against you,you will still have to pay the reasonable attorney's fees,actually incurred, up to$50.00. However,if legal proceedings are started against you,you will have to pay the reasonable attorney's fees even if they are over$50.00. Any attorney's fees will be added to whatever you owe us,which may also include our reasonable costs. If you cure the default within the thirty day period,you will not be required to pay attorney's fees. 1 800 724 1633 Payment Processing-P.O.Box 62182, Baltimore,MD 21264-2182 Mortgage account information, just a click away.www.mtb.com We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosures sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 10 months from the date of this notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following,number 1-800-724-1633. This payment must be in cash, cashiers' check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale,a lawsuit could be stared to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR TO BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT,PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE,AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default,the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. If you have any questions regarding this letter,please feel free to contact our office at 1-800-724-1633. Sincerely, "W Joseph Morrison Homeowner Assistance Center 1-800-724-1633 M&T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect the debt against you personally,but is notice of a possible enforcement of the lien against the collateral property. E603GE/NCP/8-11 M&T Bank -- P.O. Box 840 M&T Bank Buffalo,NY 14240-0840 01/05/2012 Certified No.: 71826389306020448197 Susanna B Opperman 49 2812 Merion Rd Camp Hill PA 17011-2123 '11��1�1'11�11.I"'�II�II"II'�I�II�I1111� 11 � �1�1111'I�I�' RE: Mortgage No.:0050020155 Mortgaged Premisses: 12e Main St New Kingston, PA 17055 ACT 6 NOTICE NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgage Customer(s): The MORTGAGE held by M&T Bank on your property located at: 12e Main St New Kingston PA 17011 IS IN SERIOUS DEFAULT because you have not made the monthly payments of$1165.75 from 11/01/2011 through today. Late charges and other charges have also accrued to this date in the amount of$.00 for late charges and$34.00 for other charges. The total amount now required to cure this default, or in other words,get caught up in your payments,as of the date of this letter, is$3531.25. You may cure this default within THIRTY(30)DAYS of the date of this letter,by paying to us the above amount of, $3531.25, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check,certified check or money order, and made at M&T Bank One Fountain Plaza-71 Floor Buffalo,NY 14203 ATTN: Payment Processing If you do not cure the default within THIRTY(30)DAYS,we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY(30)DAYS,we also intend to instruct our attorneys to start a lawsuit to foreclosure your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys,but you cure the default before they begin legal proceedings against you,you will still have to pay the reasonable attorney's fees,actually incurred, up to$ 50.00. However,if legal proceedings are started against you,you will have to pay the reasonable attorney's fees even if they are over$50.00. Any attorney's fees will be added to whatever you owe us,which may also include our reasonable costs. If you cure the default within the thirty day period,you will not be required to pay attorney's fees. 1 800 724 1633 Payment Processing-P.O.Box 62182,Baltimore,MD 21264-2182 Mortgage account information, just a click away.www.mtb.com We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosures sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 10 months from the date of this notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following,number 1-800-724-1633. This payment must be in cash, cashiers' check,certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale,a lawsuit could be stared to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR TO BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT,PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE,AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default,the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. If you have any questions regarding this letter,please feel free to contact our office at 1-800-724-1633. Sincerely, -4. 1" 4 � Joseph Morrison Homeowner Assistance Center 1-800-724-1633 M&T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect the debt against you personally,but is notice of a possible enforcement of the lien against the collateral property. E803GEMCKS-11 M&T Bank - P.O. Box 840 M Bank Buffalo,NY 14240-0840 01/05/2012 Certified No.: 71826389306020448180 D Theodore Opperman 2812 Merion Rd Camp Hill PA 17011-2123 lien,nniiiiuii„u�ilillllilillil�ii�lll��llll�nlll�i� RE: Mortgage No.: 0050020155 Mortgaged Premisses: 12e Main St New Kingston, PA 17055 ACT 6 NOTICE NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgage Customer(s): The MORTGAGE held by M&T Bank on your property located at: 12e Main St New Kingston PA 17011 IS IN SERIOUS DEFAULT because you have not made the monthly payments of$1165.75 from 11/01/2011 through today. Late charges and other charges have also accrued to this date in the amount of$.00 for late charges and$34.00 for other charges. The total amount now required to cure this default,or in other words,get caught up in W your payments,as of the date of this letter, is$3531.25. You may cure this default within THIRTY(30)DAYS of the date of this letter,by paying to us the above amount of, $3531.25, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash,cashier's check,certified check or money order, and made at M&T Bank One Fountain Plaza-71h Floor Buffalo,NY 14203 ATTN: Payment Processing If you do not cure the default within THIRTY(30)DAYS,we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY(30)DAYS,we also intend to instruct our attorneys to start a lawsuit to foreclosure your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys,but you cure the default before they begin legal proceedings against you,you will still have to pay the reasonable attorney's fees,actually incurred, up to$ 50.00. However,if legal proceedings are started against you,you will have to pay the reasonable attorney's fees even if they are over$ 50.00. Any attorney's fees will be added to whatever you owe us,which may also include our reasonable costs. If you cure the default within the thirty day period,you will not be required to pay attorney's fees. 1 800 724 1633 Payment Processing-P.O.Box 62182,Baltimore,MD 21264-2182 Mortgage account information, just a click away.www.mtb.com We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosures sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 10 months from the date of this notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following,number 1-800-724-1633. This payment must be in cash, cashiers' check,certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale,a lawsuit could be stared to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR TO BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT,PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE,AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default,the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. If you have any questions regarding this letter,please feel free to contact our office at 1-800-724-1633. Sincerely, yJosepphMorrison Homeowner Assistance Center 1-800-724-1633 M&T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect the debt against you personally,but is notice of a possible enforcement of the lien against the collateral property. E803G-C--11 Exhibit " G " M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No. 2012-1503CIVIL D. Theodore Opperman and Susanna B. Opperman Defendants AFFIDAVIT 1. I, Cynthia L. Barker ,amthe Vice President ofN&T Bank,and am familiar with the account and records of the Defendant,with personal knowledge thereof. 2. On January 22, 1999, defendant executed and delivered to plaintiff's predecessor in interest, a Note in consideration for a loan made to defendant by plaintiff or plaintiff's predecessor in interest. 3. On January 22, 1999, as security for the sums due and owing by defendant under the Note, defendant made, executed and delivered a mortgage on the premises described in Plaintiff's Complaint. A copy of said mortgage with legal description of the premises is attached to the summary judgment motion and marked as Exhibit"A". The mortgage was subsequently assigned to plaintiff by assignment of mortgage, a true and correct copy of which is attached to the Motion for Summary Judgment. 4. The defendant is in default of the mortgage in that payments of principal, interest, attorney fee's and costs upon said mortgage due November 1, 2011, and for each and every month thereafter,have not been paid and are due and owing. The Note evidencing the interest rate charged to defendant is attached hereto as part of this affidavit. The records are accurate and kept in the normal course of business. 5. The records attached hereto are business records which are created and maintained in the usual course of business. Such records are created and maintained using a reliable computer system and using established procedures for entering and retrieving data. The records attached hereto were obtained using the proper procedure(s)for the requesting and obtaining of information contained in the computer system and I recognize the attached as the records they purport to be. The information contained in the attached records is correct and accurate to the best of my knowledge,information and belief. The records are accurate and kept in the normal course of business. In connection with making this affidavit, I have personally examined these business records reflecting data and information as of �t- 5- 13 6. The mortgage has an acceleration clause which permits plaintiff to foreclose on the mortgage by judicial proceedings and sell the property at Sheriffs Sale. 7. On or about January 5, 2012, notices were sent to defendant as required under Act 6. 8. Because defendant is in default, plaintiff now requests this Honorable Court to grant summary judgment and enter judgment against defendant as follows: Principal Balance. $ 21,471.47 Interest through April 4, 2013 @ 6.625% $ 2,145.41 (Plus $3.90 per diem thereafter) Attorney Fees and Costs $ 1,543.75 Late Charges $ 622.35 Unpaid NSF Charges (Bad Check Charge) $ 20.00 Recording Fees $ 50.50 Property Inspection Fees $ 210.00 Taxes $ 2,160.12 Insurance $ 1,831.00 Escrow Advance Credits $ (79.13) GRAND TOTAL $ 29,975.47 D. Theodore Opperman and Susanna B.Opperman 12 East Main Street,New Kingston,Pennsylvania 17055 The undersigned, Cynthia L. Barker ,being duly sworn according to law, hereby depose and say that I am the Vice President of,M&T Bank, plaintiff in the within action,that I am authorized to make this affidavit,and that the forgoing facts are true and correct to the best of my knowledge, information and belief. Cynthia L. Barker Vice President SWORN TO AND SUBS IBED BEFORE ME THIS DAY OF ✓J6I L , 2013. tit NOU4tY PUBLIC �Ja ?�Le�a�eQQ ,��f�( � �'lotazct 7�u4'�Ce. State �?2ecu'l�oal¢ Date: O 1� u� G�zCe eacuctcl ??2�y eory,�ttiLdCaat G�x,¢ize¢�, 20�f Prgpared by:L.STRUTHERS LOAN �: 7324878 NOTE January 22, 1999 CAMP HILL PA (Date) [city) [state] 12 EAST MAIN STREET NEW KINGSTON, PA 17055 [Property Addrehs] 1.BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.$94,500.00 (dare amount is called "principat"),plus interest,to the order of the Lender.The Lender is COUNTRYWIDE HOME LOANS, INC. I understand that the Lehr may transfer this Mote.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Nate Holder." 2.INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid.I will pay interest at a yearly rate of 6.625 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)of this Note. 3.PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making payments every month. I will snake my monthly payments on the FIRST day of each month beginning on March 1 1999 .I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on February I , 2014 ,1 still owe amounts under this Note,I will pay those amounts in full on that date,which is called the"Maturity Date." I will make my monthly payments at 4500 PARK GRANADA, CALABASAS, CA 91302-1613 or at a different place if requited by the Note Holder. (B)Amount of Monthly Payments My monthly payment will be in the amount of U.S.$829.70 4.BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due.A payment of principal only is known as a "Prepayment."When I make a prepayment,I win tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge.The Note holder will use all of my prepayments to reduce the amount of principal that I owe under this Note.If I make a partial prepayment,there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes, 5.LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so[tat the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,then:(i)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(ii)any sums already collected from me which exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal,the reduction will be treated as a partial prepayment 6.BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Holder has not received the fun amount of any monthly payment by the end of F I FTEEN calendar days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be 5.000 % of my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment. (B)Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mee/Freddie Mac Uniform inetrum-1 Farm$200121aa Page t at 2 Amendedd WS1 (0-SR (9100),04 CFC(09194) VMP MORTGAGE FORMS-(800)821-7291 initial$::PM ' 2 3 9 8 1 ' ' 0 0 7 3 2 4 8 7 8 0 0 0 0 0 S N 2 A 0 ' LOAN #: 7324878 (C)Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount.That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D)No Waiver By Note Holder Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those expenses include,for example,reasonable attorneys'fees. 7.GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. S.OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations,including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note. 9.WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due."Notice of dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10.UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust or Security Deed(the"Security Instrument"),dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note.Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument.However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND AND )OF THE UNDERSIGNED. Sean (Seal) 0: TNEOOOR OPPERMA -Borrower USANNA 9 OPPERNAN Borrower (Seal) (Sea1) -Borrower -Borrower (Sign Original Only) ®-5R tarosl.oa CFC(08194) Page swz PAY TO THE ORM OF Formazo0lvea �o PAY TO THE ORDER OR WITHOUT RECOURSE Vt 17H J7'MECOURSE THIS DAY OF 20 GUUN NOMEWANS,INC. BANK: SIG SIGNED: E`r`.......... ._ . . . _. . NAME:ERIN L.DOERFLER r N>✓ COr� TITLE:VICE PRESIDENT Prepared by:L.STRUTHERS COUNTRYWIDE HOME LOANS,INC. DATE: 01/28/1999 BRANCH #217 BORROWER: D. THEODORE OPPERMAN HAMPDEN CTR 4830 CARLISLE PIKE CASE#: MECHANICSBURG. PA 17055- LOAN#: 7324878 (117)730 6670 Br Fax No.: (711)730-3824 PROPERTY ADDRESS: 12 EAST MAIN STREET NEW KINGSTON PA,17055- SIGNATURE/NAME AFFIDAVIT BORROWER: D. THEODORE OPPERMAN SUSANNA B OPPERMAN THIS IS TO CERTIFY THAT MY LEGAL SIGNATURE IS AS WRITTEN AND TYPED BELOW. (This signature must ex_ actly match signatures on the Note and Mortgage or Deed of Trust.) D. THEODORE OPPERMAN (Print or Type Name) Signature $uSANNA OPPERMAN (Print or Type Name) gnature (Print or Type Name) Signature (Print or Type Name) Signature (If applicable,complete the following.) I AM ALSO KNOWN AS: I-L:D 0 PPP:4nw'v (Prim or Type Name) Signatur / �r (Print r Type Name) Si slur. (Print or Type Name) Signs re (Print or Type Name) Signature. and that � are`.o ne and the s m personW. _ State of /�/n County ofSoo a Subscribed a n4 sworn(aff' med)before me this day of aq�;�//� lgQf7 Notary Public in and for the State rao��I~A County o My Commission Expires: ®-394(9so61•o1 CHL(09197) VMP MORTGAGE FORMS-(900)621.7291 Q✓96 NOTARIAL SEAL VICKI,r, kf.m.KER,Notary Public Camp,.I.; Fmberland County My COmmlSsiw.-xpires March 4,1999 • 2 3 9 9 1 . 0 0 7 3 2 4 8 7 8 0 0 O'0 0 Q H 2 0 0 auaL. » cua.aaovu I - Wage o UL o ROBERT P. ZIEGLER RECORDER OF DEEDS W1 CUMBERLAND COUNTY rte: 1 COURTHOUSE SQUARE R } CARLISLE, PA 17013 m 717-240-6370 Instrument Number-201336007 F Recorded On 11/6/2013 At 1:36:01 PM Total Pages-6 •Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number- 150832 User ID-BMM t •Mortgagor-OPPERMAN,D THEODORE •Mortgagee-M&T BANK •Customer-SIMPLIFILE LC E-RECORDING --. •FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $13.50 RECORDER OF DEEDS { This page is now part PARCEL CERTIFICATION $15.00 FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $57 .50 4 I Certify this to be recorded in Cumberland County PA )"14 RECORDER OF DEEDS *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. i Recording re uested b : CERTIFIED PROPERTY IDENTIFICATION NUMBERS COUNTRYWIDE HOME LOAN, INC. 38-19-1621-093 - SILVER SPRING When recorded mail to: CCGIS REGISTRY 11/06/2013 BY DC M&T BANK ATTN: EMILY WIT 1 FOUNTAIN PLAZ 4TH FLOOR q ggIFFAIpp NY 1420'3 Attn: ASSIGNMENT UNIT ` CORRECTIVE CORPORATION ASSIGNMENT OF MORTGAGE Doc. ID�p 88600732487806728 ' Commitmendf 758501 MARENGOuXVE 4THvRLL60RhePASADENAgCAdg1101-2428. hereby gOrants,INC slgnslandUTH tr,ans,fen;s to: _ _ JAZ 03 ,17F UNTAIN--prAzA.THEODORE Q;PP'ERM :NuandrSUS�NN�e6 OPPE MANgaMortagagor as per MORTGAG,Eere orded as Instrument No. N/A on 2103/99 in Book 1517 Page 690 of official records in ; the County Recorder's Office of CUMBERLAND Countyy PENNSYLVANIA Tax Parcel c 38-19-1621-093, SILVER SPRING TWA TAX COLLECTOR OriganaI Mortggagge $94,500,00 12 EAST MAIN STREETI NEW KINGSTON PA 17�55_ Together with the Note or Notes therein described or referred to, the money due and to become due thereon with interest, and all rights accrued or to accrue under said Mort "I hereby Certify that the precise address of the = within named assignee is :L�C^""'TAI N:.PLA A 4TM-FLOOR BUFFALO NY_,1420.3. " f r f s i s i CORRECTIVE CORPORATION ASSIGNMENT OF MORTGAGE Commitmend 758501487806728 I Dated: 07/19/2013 COUNTRYWIDE HOME LOANS, INC. �, , .. .., State of Calif rnia _ p f County of Los Angeles On 07/19/2013 before me, .R,_C,;,.pEET�E.. Notary Public, personally appeared LIZA SUMADSAD who proved to me on he basis of satisfactory evidence to be the. person(s) whose names) is/are subscribed to the within instrument and ackI�owledgged to me that .he/she/they executed the lame in his/Fer/their authorized capacity 1 s), and that by-his/her/the r signature s) on the instrument the persons) , or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal . 1 PE Signature: _ _ COMM.*953645 zz Notary Public-California a ` Los Angeles County Prepared byy• TANYA DUDLEY :; m,.m1�c�S9� 20t5_ 101 S. MARENG0 AVE„ 4TH FLOOR, ' PASADJNA CA 91101-2428 Phone X626) 486-3529 , x - i s t r i - I f 3 t s First American Title Insurance Company ' Commitment Number: 990042 SCHEDULE C PROPERTY DESCRIPTION . i The land referred to in this Commitment is described as follows: ALL THOSE CERTAIN lots, tracts, or parcels of land situate in Silver Spring Township, Cumberland County, Pennsylvania, and being more particularly bounded and described as follows, to wit: - TRACT NO. 1: J BEGINNING at a point at other lands now or formerly of Ray D. McCoy and wife, which point is referenced at a sixty foot wide street and land now or formerly of C. W. Sunday; thence along the sixty foot wide street, south 16 degrees 11 minutes east, 131.34 feet to a point; thence along land now or formerly of C. W. Sunday, Lot No. 12 of the above-referred to Plan, south 74 degrees 59 ' minutes west, 120.77 feet to a point; thence along Lot No. 9 of the above-referred to Plan, north 22 degrees 52 minutes west, 28.23 feet to a point; thence along land now or formerly of Gordon S. Witt, north "71 degrees 38 minutes east, 65.82 feet to a point; thence by the same and crossing over a 16 foot wide alley, north 23 degrees 23 minutes west, 101 feet to a point; , thence along lands now or formerly of Edgar P. Rosenberry, Jr. and the northern line of said alley, north 75 degrees 47 minutes east, 21 feet to a point; thence along lands now or formerly of Ray D. McCoy and wife, and the northern line of the sixteen foot wide alley, north 73 degrees 49 minutes i ` east, 80 feet to a point on a 60 foot wide street, the point and plane of BEGINNING. i CONTAINING 13,145 square feet and being Lot No. 10 of the above-referred to Plan. F TRACT NO. 2- BEGINNING at a point on a sixty foot wide street, which point is referenced 211 feet from the legal right-of-way line of U.S. Route 11, Carlisle Pike, L.R. 34; thence along the said sixty foot wide street, south 16 degrees 11 minutes east, 132.57 feet to a point; thence along land now or formerly of C. W. Sunday,' Lot No. 12 of the above-referred to Plan, north 74 degrees 59 minutes east, 145.53 feet to a point; thence along land now or formerly of Hoff & March, Inc., north 18 degrees 01 minute west, 135.30 feet to a point; thence along lands now or fomierly of Bruce L. Forrest and D. Theodore Opperman, South 73 degrees 54 minutes west, 141.17 feet to a point on the sixty foot wide street, the point and place of BEGINNING. CONTAINING 19,195 square feet and being Lot No. 11 of the above-referred to f Plan. 4 TRACT NO. 3: .gou 1517 PAGE i6� BEGINNING at a point along the public highway formerly known as the Harrisburg F f Commitment Number: 990042 , SCHEDULE C (Continued) and Chambersburg Turnpike; thence along lands now or formerly of John A. Stewart, south 16 degrees 30 minutes east, a distance of 211 feet to an iron pin along a proposed alley; thence along said alley, north 73 degres 30 minutes east, a distance of 50 feet; thence along lands now or formerly of Janet Glasgow, north 16 degrees 30 minutes west a distance of 211 feet to the s said public highway; thence along said public highway, south 73 degrees 30 minutes. west, a distance of 50 feet to the point or place of BEGINNING. SUBJECT, HOWEVER, to the restriction that all buildings on the above described � piece of land shall be set back at least twenty feet from the curb. e 1 7 t TRACT NO. 4: i $EGINNING at a point on the southern right-of-way line of United States Route 11, also known as the Carlisle Pike, which said point is 387 feet more or less east from the intersection of the said Carlisle Pike with the Locust Point Road; thence along an unnamed 60 foot wide street, a portion of which is shown as Lot No. 2 on the plan of lots recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Plan Book 39, page 60, south 16 degrees 11 minutes east, a distance of 211,00 feet to a point; thence along an unnamed 16 foot alley, south 73 degrees 40 minutes west, a distance of 30 feet to a point along other lands now or formerly of Ray D. McCoy and Esther I. McCoy, his wife; thence continuing along said lands, north 16 degrees 11 kinutes west, ,a distance of 211.00 feet to a point of the southern right-of-way line of U.S. Route 11, also known as the Carlisle Pike; thence along said right-of-'way line, north 73 degrees 49 minutes east, a distance of 30.00 feet to the point or place of BEGINNING. £ BEING the same premises which Ray D. McCoy and Esther I. McCoy, his wife, by Deed dated August 21, 1981 and recorded October 16, 1991 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book i I-35, page 925, granted and conveyed unto D. Theodore Opperman and Susanna B. Potera. The said Susanna B. Potera is now known as Susanna B. Opperman. 4 a�:M _ Slats of P9nr"syl��ani2' ' 1,,0:i('(V Oi fa!i11C�uP iatid.j rtN Re - tf iha aific:e fOr.;'ire reed's`inq of beads tr) �4f e� i arcs P'k'3rltl'Cecinty, v,�r`i ens rhy,hand d s�81 of`atfic ,. , ' GArl+s ,PA'ih' " Recorder t , . i yd��t��� •k. : ALTA Commitment schodute c 'BOOK 15i7'PAGE Z 97 . x RECORDING REQUESTED BY: COUNTRYWIDE HOME LOANS, INC: WHEN RECORDED MAIL TO: M&T BANK ATTN:EMILY WITT M I FOUNTAIN PLAZA,4TN FLOOR BUFFALO,NY 14203 ATTN:ASSIGNMENT UNIT Doc#88600732487806728 z This Space for Recorder's Use Only TITLE OF DOCUMENT: _ s Corrective Corporation Assignment of Mortgage a *"This Assignment is being recorded to correct previously recorded Assignment of Mortgage recorded on 2/02/12 as Instrument # 201203369 in Book N/A Page N/A of Official Records in the County Recorder's Office of CUMBERLAND County, State of PENNSYLVANIA: To correct assignor name from Bank of America, N.A. to Countrywide Home Loans, Inc. 4 K THIS SPACE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) ►059-TITLE PAGE(87/95) oi,, y 1 1 i. i t I McCABE,WEISBERG & CONWAY,P.C. BY: Marc S. Weisberg,ESQUIRE Attorney for Plaintiff Identification Number 17616 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No. 2012-1503CIVIL D. Theodore Opperman and Susanna B. Opperman Defendants CERTIFICATION OF SERVICE I,Marc S. Weisberg, Esquire, hereby certify that a true and correct copy of the within Plaintiffs Motion for Summary Judgment and attached documents were served on the below parties on \ ,2013, by first-class mail,postage prepaid: Anthony J. Martino,Esquire Martino,Karasek and Martino,LLP 641 Market Street Bangor, Pennsylvania 18013 Counsel for D. Theodore Opperman, Defendant DATE: � �ALi Marc S. Weisberg,Esquire Attorney for Plaintiff i +H lJ! FGE 1 IPROT ;'C�. C7: 9 f PRAECIPE FOR LISTING CASE FOR ARGUMENT 10 114 Pri 1: 51 ("UMBERLAND COUNTY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: PENNSYLVANIA Please list the within matter for the next Argument Court. M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No. 2012-1503CIVIL D. Theodore Opperman and Susanna B. Opperman Defendants 1. State Matter to be argued(i.e.,Plaintiff's Motion for New Trial,Defendant's demurrer to complaint, etc.) Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) Nathan Wolf,Esquire 10 West High Street Carlisle,PA 17013 (b) Anthony J. Martino,Esquire 641 Market Street Bangor, PA 18013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 20, 2013 DATE: du I ��d W MARC S. WEISBERG,ESQUIRE Attorney for Plaintiff sic �s�d ath ;IbCo 237 �g(9� McCABE,WEISBERG & CONWAY,P.C. MARC S. WEISBERG,ESQUIRE -ID# 17616 Attorney for Plaintiff 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No. 2012-1503CIVIL D. Theodore Opperman and Susanna B. Opperman Defendants CERTIFICATION OF SERVICE I,MARC S. WEISBERG, Esquire,hereby certify that a true and correct copy of the within Praecipe for Listing Case for Argument was served on the day of ! , 2013, by first-class mail,postage prepaid, upon the following: Anthony J. Martino,Esquire Martino,Karasek and Martino, LLP 641 Market Street Bangor, Pennsylvania 18013 Counsel for D. Theodore Opperman, Defendant DATE: 1 1 1 1 ) r MARC S. WEISBERG,ESQUIRE Attorney for Plaintiff McCABE,WEISBERG & CONWAY,P.C. THE- BY: Marc S. Weisberg,ESQUIRE Attorney for Plaintiff 13 DEC -6 AN 11-- 24 Identification Number 17616 ���������� 123 South Broad Street, Suite 1400 PENNSYLVANIA LANO �©�COUNTY Philadelphia,Pennsylvania 19109 (215) 790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No. 2012-1503CIVIL D. Theodore Opperman and Susanna B. Opperman Defendants CERTIFICATION OF SERVICE I, Marc S. Weisberg, Esquire, hereby certify that a true and correct copy of the within Plaintiffs Motion for Summary Judgment, Memorandum of Law, Praecipe for Listing For Argument as notification of the hearing scheduled for December 20, 2013 and Proposed Order were served on the below parties on 12- /-9) , 2013, by first-class mail,postage prepaid: D. Theodore Opperman 12 East Main Street New Kingston, Pennsylvania 17055 pro se Defendant D. Theodore Opperman 2812 Merion Road Camp Hill,Pennsylvania 17011 pro se Defendant DATE: A­3 Marc S. Weisberg,Esquire Attorney for Plaintiff LAW OFFICES McCABE,WEISBERG & CONWAY,P.C. SUITE zlo SUITE 1400 SUITE 303 145 HUGUENOT STREET 123 SOUTH BROAD STREET 216 HADDON AVENUE NEW ROCHELLE,NY 10801 PHILADELPHIA,PA 19109 WESTNONT,70 08108 (914)-636-8900 (215)790-1010 FAX(856)SSS--7020 FAX(914)636-8901 FAX(215)790-1274 SUITE 202 SUITE 4021 UNIVERSITY DRIVE 30 BUXTON FARMS ROAD FAIRFAX,VA 22030 STANFORD,92 06905 703-273.3508 (2(955) 25.1 FAX(301)490-1 568 FAX(855)425•]979 SUITE Rao November 11,2013 SUITE 130 MARSHALL AVENUE DELAWARE CORPORATE CENTER I 312 LAUREL,MD AVENUE ONE RIGHTER PARKWAY WILMINGTON,DELAWARE 19803 (301)490-3361 ( FAX(301)490.1568 Also servicing the District of Columbia FAX X 409-35 8 R55-425.1199 80 Prothonotary of Cumberland County 1 Courthouse Square Carlisle,Pennsylvania 17013 Re: M&T Bank v.D.Theodore Opperman and Susanna B. Opperman, CUMBERLAND COUNTY;CCP;No.2012-1503CIVIL Dear Sir/Madam: Enclosed please find an original and one copy of Plaintiff's Motion for Summary Judgment and Plaintiff s Praecipe to List for Argument relative to the above-captioned matter. Kindly file the original of record,time-stamp the copy and return same to me in the self-addressed,stamped envelope provided. Thank you for your attention to this matter. Very truly yours, r Paralegal to .WEISBERG,ESQUIRE /bed Enclosures cc: Anthony J.Martino,Esquire, Counsel for Defendant D. Theodore Opperman s McCABE,WEISBERG &CONWAY,P.C. BY: Marc S.Weisberg,ESQUIRE Attorney for Plaintiff Identification Number 17616 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1014 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No.2012-1503CIVIL D. Theodore Opperman and Susanna B. Opperman Defendants CERTIFICATION OF SERVICE I,Marc S. Weisberg,Esquire,hereby certify that a true and correct copy of the within Plaintiffs Motion for Summary Judgment and attached documents were served on the below parties on 2013,by first-class mail,postage prepaid: Anthony J. Martino,Esquire Martino,Karasek and Martino,LLP 641 Market Street Bangor,Pennsylvania 18013 Counsel for D, Theodore Opperman, Defendant DATE: � } Marc S.Weisberg,Esquire Attorney for Plaintiff THE LAW OFFICES OF MARTINO AND KARASEK,L.L.P. 641 MARKET STREET BANGOR,NORTHAMPTON COUNTY,PENNSYLVANIA 18013 TELEPHONE (610)588-0224 TELEFAX (610)588-2088 MONROE COUNTY OFFICE: DAVID A.MARTINO RONOLD J.KARASEK 1854 ROUTE NO.209 November 15, 2013 POST OFFICE BOX 420 BRODHEADSVILLE,PA 18322 TELEPHONE(570)992-2424 MATTHEW I.GOODRICH TELEFAX(570)992-5294 Marc S. Weisberg, Esquire McCabe, Weisberg & Conway, P.C. Suite 1400 123 South Broad Street Philadelphia, PA 19109 RE: Package addressed to Anthony J. Martino, Esquire Dear Mr. Weisberg: Please be advised that your package directed to Anthony J. Martino, Esquire, at this office is enclosed and is being returned to you. As of July 18, 2013, Mr. Martino was no longer associated with this office. Since that time, it was discovered that Mr. Martino had stolen client funds; and, as a result, he pled guilty and is now incarcerated at the State Correctional Institution in Pine Grove, PA. I have no idea who is handling the files that were transferred to him at the time he left this office. If you wish to contact Mr. Martino directly, you may do so at the following address: Anthony J. Martino Inmate No. LD2259 c/o SCI Pine Grove 191 Fyock Road Indiana, PA 15701 Feel free to contact me if you have any questions. Thank you. Ve 4, s#e ,s A E L.L.P. ono d quire RJ Klsas Enclosure CERTIFIED MAIL NO. 7011 0110 0000 3279 5470 RETURN RECEIPT REQUESTED P.S. David A. Martino, Esquire, is no relation whatsoever to Anthony J. Martino. He, unfortunately, simply has the same last name. LAW OFFICES McCABE,WEISBERG&CONWAY,P.C. SUITE 1400 SUITE 210 123 SOUTH BROAD STREET SUITE Boo 145 HUGUENOT STREET PHILADELPHIA,PA 19109 712 MARSHALL AVENUE NEW ROCHELLE,NY 10801 215)790-1010 LAUREL,MD 20707 (914)-636-8900 (301)490.3361 FAX(914)636-8901 FAX(215)790-1274 FAX(301)490-1568 Also servicing the District of Columbia SUITE 303 SUITE 202 216 HADDON AVENUE VER WESTMONP,NJ 08108 4021 UNIVERSITTY Y DRIVE (856)853.7080 FAIRFAX,VA FAX(856)858-7020 703.273-35008 8 November 19,2013 FAX(855)423.1944 SUITE 130 DELAWARE CORPORATE CENTER I SUITE 2506 ONE RIGHTER PARKWAY I HUN INGTON QUADRANGLE WILMINGTON,DE 19803 MELVILLE,NY 11747 (302)409.3520 (631)812-4084 FAX 855.425-1980 FAX:(855)845-2584 The Law Offices of Martino and Karasek,L.L.P. 641 Market Street Bangor,Northampton County,Pennsylvania 18013 Re: M&T Bank v.D.Theodore Opperman and Susanna B.Opperman, CUMBERLAND COUNTY; CCP;No, 2012-1503CIVIL Dear Sir/Madam: Enclosed please find a copy of Plaintiff s Motion for Summary Judgment and Plaintiffs Praecipe to List for Argument relative to the above-captioned matter,the original of which was sent to the court to be filed on November 11,2013. Thank you for your attention to this matter. Vel ruly yours rl d,Paralegal to MA S, "V EtSBERG,ESQUIRE /bed Enclosures McCABE,WEISBERG & CONWAY,P.C. BY: Marc S. Weisberg,ESQUIRE Attorney for Plaintiff Identification Number 17616 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (21.5) 790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No. 2012-1503CNIL D. Theodore Opperman and Susanna B. Opperman Defendants CERTIFICATION OF SERVICE 1, Marc S. Weisberg,Esquire, hereby certify that a true and correct copy of the within Plaintiffs Motion for Summary Judgment and attached documents were served on the below parties on 2013, by first-class mail,postage prepaid: The Law Offices of Martino and Karasek,L.L.P 641 Market Street Bangor,Pennsylvania 18013 Counsel for D. Theodore Opperman, Defendant DATE: J / ! °`, Marc S. Weisberg, Esquire Attorney for Plaintiff THE LAW OFFICES OF MARTINO AND KARASEK,L.L.P. 641 MARKET"STREET BANGOR,NORTHAMPTON COUNTY,PENNSYLVANIA 1801.3 TELEPHONE (610)588-0224 TELEFAX (610)588-2088 MONROE COUNTY OFFICE: DAVID A.MARTINO RONOLD J.KARASEK 1854 ROUTE NO.209 November 26, 2013 POST OFFICE BOX 420 BRODHEADSVILLE,PA 18322 TELEPHONE(570)992-2424 MATTHEW J.GOODRICH TELEFAX(570)992-5294 Marc S. Weisberg, Esquire McCabe, Weisberg & Conway, P.C. Suite 1400 123 South Broad Street Philadelphia, PA 19109 RE: Case : M&T Bank vs. D. Theodore Opperman and Suzanna B. Opperman Docket No. 2012-1503-Civil Court : Cumberland County, Commonwealth of Pennsylvania Subject Motion for Summary Judgment in an action in Mortgage Foreclosure Property : 12 East Main Street, (Silver Spring Township), New Kingstown, PA 17055 Amount $29,975.47 with Interest and Costs Dear Mr. Weisberg: This will acknowledge receipt of your package under letter of November 19, 2013 from your Paralegal, Ms. Bri-Anne Gladd. As stated in my letter of November 15, 2013, my office is not representing Mr. Opperman. He was represented by Anthony J. Martino (who is no longer associated with this office as of July 18, 2012). At the time Mr. Martino became disassociated with this office, the Opperman file was transferred to him at the client's written request. While Mr. Martino did remain at the 641 Market Street address on an office- sharing arrangement for a month or two, he eventually opened an office in Wind Gap, PA. Subsequently and as per my earlier letter, it was discovered that Anthony J. Martino had stolen client funds; and, as a result, he pled guilty to felony charges and is now incarcerated at the State Correctional Institution at Pine Grove, PA. I have no idea who is handling the files that were transferred to Mr. Martino. My earlier letter of November 15, 2013 was in error. That letter indicated that Mr. Martino was no longer associated with this office as of"July 18, 2013"when, in fact, he was no longer associated with this office as of July 18, 2012. Marc S. Weisberg, Esquire Page 2 November 26, 2013 Finally and as earlier stated, David A Martino, Esquire is no relation to Anthony J. Martino. He, unfortunately, has the same surname. The above being said and by copy of this letter, I am advising the Office of Court Administration of these facts so that (if necessary) a telephone or status conference can be scheduled with one of the County Judges. In the meantime, I recommend that you consider personally serving Mr. Opperman with your motion. Feel free to contact me if you have any questions. Thank you. Very truly yours, MARTINO and KARASEK, L.L.P. R no4. 2ek, Esquire RJK/sas cc: Office of Court Administration in Cumberland County LAW OFFICES McCABE,WEISBERG & CONWAY,P.C. SUITE 210 SUITE 1400 SUITE 800 145 HUGUENOT STREET 123 SOUTH BROAD STREET 312 MARSHALL AVENUE NEW ROCHELLE,NY 10801 PHILADELPHIA,PA 19109 LAUREL,mro 20707 (914)-636-8900 (215)790-1010 FAX(301)49061 568 FAX(914)636-8901 FAX(215)790-1274 Also servicing the District of Columbia SUITE 303 216 HADDON AVENUE SUITE WESTMONT,NJ 08108 4021 UNIVERSITY DRIVE FAIltFAX,VA 22030 (856)858-7080 703-273-3508 FAX(856)858-7020 FAX(855)423-1944 SUITE 130 December 3,2013 SUTE2S06 DELAWARE CORPORATE CENTER ONE RIGHTER PARKWAY 1 HUN EVIL EQUADRANGLE WILMINGTON,DE 19803 MEL631)81 NY 11747 (302)409-3520 (6:(8 5)845 2 FAX 855-425-1980 FAX:(855)845-2584 ATTN: Ronold J. Karasek The Law Offices of Martino and Karasek,L.L.P. 641 Market Street Bangor,Northampton County, Pennsylvania 18013 Re: M&T Bank v. D. Theodore Opperman and Susanna B. Opperman, CUMBERLAND COUNTY; CCP;No. 2012-1503CIVEL Dear Attorney Karasek: I have received your letter of November 26th with thanks. We will be serving defendant D. Theodore Opperman personally per the information you have provided. Thank you for your attention to this matter. Very truly yours, MARC S.WEISBERG, SQUIRE /mw VMMININIIIMMIIMIIIMM . 4 , IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA M&T BANK Plaintiff • 2012-1503 CV v. F F`Ri D. THEODORE OPPERMAN AND SUSANNA B. OPPERMANs --rz 3 _. Defendants 7.0":r-- -- �, ,' ' T1 v -' �'77! Z C)C, tfr I ENTRY OF APPEARANCE - - ry 4 ---a 01 TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, D. Theodore Opperman in the above-captioned matter. . Respectfully submitted, S Ott M. 'r-mori, Esq. Amori &Associates, LLC 513 Sarah St. Stroudsburg, PA 18360 Atty ID: 77038 (570)421-1406 IN THE CUMBERLAND COUNTYCOURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA • • M&T BANK • Plaintiff : 2012-1503 CV v. • • D. THEODORE OPPERMAN AND • SUSANNA B. OPPERMAN • Defendants CERTIFICATE OF SERVICE I, Sharon Miller, of Amori and Associates, LLC hereby certify that service of the foregoing documents were made upon: Mark S. Weiberg, Esq. McCabe, Weisberg& Conway, kP.C. Suite 1400 123 S. Broad Street Philadelphia, PA 19109 by mailing, first class, postage prepaid on December 13, 2013 N�� 11 'atc5Y . Sharon Miller, 1 gal assistant Amori & Riegel, LLC 513 Sarah St. Stroudsburg, PA 18360 1 � • • 'K COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA • M&T BANK • Plaintiff • ;.r,, : 2012-1503 CV 3 -o r"t v. •Z� i Q. D. THEODORE OPPERMAN AND S SUSANNA B. OPPERMAN • r o Q Defendants �y a --'�, MOTION TO CONTINUE ORAL ARGUMENT AND NOW comes the Defendant's counsel, Scott M. Amori, Esq.,and respectfully moves Your Honorable Court as follows: 1. The oral argument in this case has been scheduled for December 20, 2013 at 10:30 a.m. 2. Defendant's counsel who was scheduled to cover this matter is unable to attend the oral argument at this time and date due to an emergency medical procedure. 3. Attorney Marc S. Weisberg does not concur with this Motion to Continue. 4. Undersigned counsel has not made any previous requests to have this matter continued. 5. Defendant's counsel respectfully requests that the oral argument be continued . to the next oral argument date on February 24, 2014. • • .. WHEREFORE, Defendant's counsel respectfully requests that Your Honorable Court continue the oral argument in this matter to February 24, 2014. R-sp•ctfully s bmitted, Scott M. Amori, Esq. Amori &Associates, LLC 513 Sarah Street ' Stroudsburg, PA 18360 Attorney ID No.77038 • 11111111011111: • f rig • .. .♦ . t COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA M&T BANK Plaintiff 2012-1503 CV , v. • • D. THEODORE OPPERMAN AND • SUSANNA B. OPPERMAN Defendants . CERTIFICATE OF SERVICE I, Sharon Miller, of Amori and Associates, LLC hereby certify that service of the foregoing documents were made upon: Mark S. Weiberg,Esq. McCabe, Weisberg& Conway,kP.C. Suite 1400 123 S. Broad Street Philadelphia, PA 19109. by facsimile to 21 5-790-1274 on December 18, 2013 and mailing, first class, postage prepaid on December 18, 2013. hCtxtrn r9.s I OSA Sharon Miller, legal assistant Amori &Associates,LLC 513 Sarah St. - Stroudsburg, PA 18360 O . r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA M&T BANK ;.,:.� Plaintiff c.' . 2012-1503 CV rn V. � -err } . ...<:.> . I D. THEODORE OPPERMAN AND • ' " SUSANNA B. OPPERMAN • > = `3 Defendants ; 3 , ' .hz._ .w.,rso ORDER AND NOW this 1 day of ,2013 upon v� consideration of the Motion to Continue the Oral Argu ent of ece ber 20 2013, ', . , , t„ v .. y '-.. .,_.--..•. ... rlVt--.r:7!chw+'.+.��r..--,--aCY.�1rS agN1'517 w1!•.T=, - c :en bruaiy ; 44.4 4,„....,. a 1.6e-_ _r1 rx, /y-d” 44'14 ki"-• • De-AJ ) eh.) . . b yliii ei etr"- , BY THEE RT r� , J. cc: Scott M. Amori, Esq. Marc S. Weisberg, Esq. J (jet?" J` (0 / N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA .: „t--.. M&T BANK, = ;i. e” • No. 2012-1503-CV = ' Plaintiff, < z� =--.; • >(- ) vs. CIVIL ACTION ° -r ; D. THEODORE OPPERMAN AND : SUSANNA B. OPPERMAN, : • MORTGAGE FORECLOSURE Defendants : PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Kindly withdraw the appearance of my office on behalf of the Defendant, D. Theodore Opperman, in the above captioned matter. (Anthony J. Martino, Esquire is no longer an attorney; and, he is no longer with my firm. Also, the name of the law firm of "Martino, Karasek and Martino, LLP" has been changed to "Martino and Karasek, LLP"). MARTINO and KARASEK, L.L.P. _0( /, R%nol•Pr- - - e•, squire I.D. #, Attorne for Defendants-Opperman 641 Market Street Bangor, Pennsylvania 18013 (610) 588-0224 - phone (610) 588-2088 - fax Date: December 17, 2013 M&T BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW r_, r D. THEODORE OPPERMAN : - _ L AND SUSANNA B. OPPERMAN, Defendants : NO: 12-1503 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, MASLAND, AND PECK, JJ. ORDER OF COURT AND NOW, this 8 th day of January, 2014, upon consideration of Plaintiff's Motion for Summary Judgment and in light of Plaintiff's failure to provide Defendant notice under Article IV-C (Homeowner's Emergency Assistance) of the Housing Finance Agency Law as required by 35 P.S. § 1680.402c (Notice and institution of foreclosure proceedings),' it is hereby ordered and directed that Plaintiff's motion is DENIED. BY THE COURT, fiziCr Christylee . Peck, J. Marc S. Weisberg, Esq. 123 South Broad Street Suite 1400 Philadelphia, PA 19109 Attorney for Plaintiff 1 We note that section 1680.401c of the Housing Finance Agency Law enumerates exceptions to the applicability of Article 1V-C. However,neither Plaintiff's complaint nor Plaintiff's motion avers that a particular exception applies in this matter. Rather,Plaintiff's complaint contains the bald assertion that notice was not provided because"the provisions of such Act were not applicable . . . ."(Complaint,¶9, March 7,2012.) • X. Theodore Opperman 962 Pennsylvania Avenue Pen Argyl, PA 18072 and X2- East Main Street New Kingston, PA 17055 Pro Se Defendant ati.eaS 1Q/Iy 2 OF t=fi�EO-pr FICE McCABE, WEISBERG & CONWAY, P.C. Tf 1L �`� �TA�fttorneys for Plaintiff BY: Jennifer L. Wunder, Esquire 2014 JAN 16 pil !: 34 Identification Number 315954 CUMBERLAND COUNTY' 123 South Broad Street,Suite 1400 PENNSYLVANIA D COU Philadelphia, Pennsylvania 19109 Telephone: (215) 790-1010 M&T Bank, Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. O NO. 12-1503 CIVIL D. Theodore Opperman and Susanna B. Opperman, Defendants. PLAINTIFF'S MOTION FOR RECONSIDERATION OF ORDER DENYING SUMMARY JUDGMENT NOW COMES Plaintiff, M&T Bank(hereinafter referred to as"Plaintiff'), by and through its attorneys, McCabe, Weisberg, & Conway, P.C., and hereby requests this Honorable issue an Order vacating the January 8, 2014, Order denying summary judgment, and granting summary judgment in favor of Plaintiff. In support thereof, Plaintiff avers as follows: 1. Plaintiff, M&T Bank, is a corporation duly organized under the laws of the United States of America with offices at 110 Wehrle Drive, Williamsville,New York 14221. 2. Defendants D. Theodore Opperman and Susanna B. Opperman (hereinafter collectively referred to as"Defendants"),are the owners and mortgagors of the subject real property known as and located at 12 East Main Street,Silver Spring Township,New Kingstown,Pennsylvania 17055 (hereinafter referred to as "the Property"). Plaintiff holds a mortgage on the Property 3. On or about January 22, 1999, defendants made, executed and delivered a mortgage to plaintiff s predecessor in interest,on the Property,which mortgage is recorded in the Office of the Recorder of Cumberland County at Mortgage Book 1517,Page 690(hereinafter"the Mortgage"). A true and correct copy of the Mortgage is attached to Plaintiff's Motion for Summary Judgment as Exhibit"A". 4. The Mortgage was subsequently assigned to Plaintiff by an Assignment of Mortgage. Please see Exhibit"G", attached to Plaintiff's Motion for Summary Judgment. 5. On or about March 7, 2012, Plaintiff filed a mortgage foreclosure action against Defendants. A true and correct copy of the Complaint is attached to Plaintiff s Motion for Summary Judgment as Exhibit"B". 6. Defendant, D. Theodore Opperman, filed an Answer and New Matter to the Complaint,to which Plaintiff responded.True and correct copies of the Answer to the Complaint and the Reply to New Matter are attached to Plaintiff's Motion for Summary Judgment as Exhibits"C" and"D", respectively. 7. Plaintiff entered Default Judgment against Defendant,Susanna B.Opperman,on May 3, 2012. 8. On or about November 14, 2013, Plaintiff filed its Motion for Summary Judgment against Defendant D. Theodore Opperman,to which Defendant failed to reply. 9. On or about January 8, 2014, this Court issued an Order denying Plaintiff's Motion for Summary Judgment,based solely on Plaintiff's failure to provide Defendant notice under Article IV-C(Homeowner's Emergency Assistance)of the Housing Finance Agency Law as required by 35 P.S. § 1680.402c,or alternatively,to enumerate the particular exception to the applicability of Article IV-C to this matter.A true and correct copy of the January 8,2014 Court Order is attached hereto as Exhibit"A". 10. Effective August 27, 2011,the Pennsylvania Housing Finance Agency (hereinafter "PHFA"), which regulates Act notice requirements in Pennsylvania, issued a notice stating it had insufficient funds for further emergency mortgage assistance, and mortgagees in Pennsylvania were no longer subject to the provisions of Act 91 as of August 27,2011. 41 Pa. B. 2789; 41 Pa. B. 3943. Accordingly, no Act 91 notice was sent to Defendants, as none was required. 11. There are no genuine issues of material fact remaining,Defendant has failed to meet its burden to oppose summary judgement, and Plaintiff is entitled to summary judgment on its mortgage foreclosure action against Defendant as a matter of law.As such,the January 8,2014,Order denying summary judgment should be Vacated and summary judgment entered in favor of Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court Vacate its January 8, 2014, Order denying summary judgment and Grant summary judgment in mortgage foreclosure in favor of Plaintiff and against Defendant and enter judgment against Defendant in the amount of$29,975.47, together with interest at a rate of$3.90 per diem, plus costs, from April 4, 2013. Respectfully submitted, Jenni er L. Wunder, Esquire McCABE, WEISBERG, & CONWAY, P.C. Attorney for Plaintiff McCABE,WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: Jennifer L.Wunder,Esquire Identification Number 315954 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 Telephone: (215) 790-1010 M&T Bank, Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. NO. 2012-1503 CIVIL D. Theodore Opperman and Susanna B. Opperman, Defendants. MEMORANDUM OF LAW.IN SUPPORT OF PLAINTIFF'S MOTION FOR RECONSIDERATION OF ORDER DENYING SUMMARY JUDGMENT This Honorable Court should Vacate the January 8, 2014 Order denying Plaintiff's Motion for Summary Judgment and grant summary judgment in favor of Plaintiff, as outlined in Plaintiff's Motion for Summary Judgment and this Motion for Reconsideration. Reconsideration of its Order is within the sole discretion of the Court; the Court has broad discretion to modify or rescind an Order and this power may be exercised sua sponte or invoked pursuant to a party's motion for reconsideration. Haines v. Jones, 830 A.2d 579, 584 (Pa.Super. 2003). The January 8, 2014 Court Order denying Plaintiff's Motion for Summary Judgment states as the sole reason for denial Plaintiff's failure to provide Defendant notice under Article IV-C (Homeowner's Emergency Assistance) of the Housing Finance Agency Law as required by 35 P.S. § 1680.402c (Notice and institution of foreclosure proceedings), or alternatively, Plaintiff's failure to enumerate the exception to the applicability of Article IV-C to this particular action. Effective August 27, 2011, the Pennsylvania Housing Finance Agency (hereinafter "PHFA"), which regulates Act notice requirements in Pennsylvania, issued a notice statin ig_t had insufficient funds for further emergency gage assistance, and mortgagees in Pennsylvania were no longer subject to the provisions of Act 91 as of August 27,2011. 41 Pa. B. 2789: 41 Pa. B. 3943. ACCORDINGLY, NO ACT 91 NOTICE WAS SENT TO DEFENDANTS, AS NONE WAS REQUIRED. Based on the foregoing explanation for why an Act 91 notice was not sent to Defendant,nor required to be sent, and Defendant's failure to reply to Plaintiff's Motion for Summary Judgment, there are no genuine issues of material fact remaining,and Plaintiff is entitled to Summary Judgment on its mortgage foreclosure action against Defendant D.Theodore Opperman as a matter of law.The January 8, 2014 Order should be Vacated and an Order granting summary judgment entered accordingly. Respectfully submitted, JennijWr L.Wunder, Esquire McCABE, WEISBERG, & CONWAY, P.C. Attorneys for Plaintiff EXHIBIT " A " M&T BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW D. THEODORE OPPERMAN AND SUSANNA B. o OPPERMAN, c = Defendants NO: 12-1503 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO,MASLAND, AND PECK, JJ. ORDER OF"COURT., AND NOW, this 8th day of January, 2014, upon consideration of Plaintiffs Motion for Summary Judgment and in light of Plaintiffs failure to provide Defendant notice under Article IV-C (Homeowner's Emergency Assistance) of the Housing Finance Agency Law as required by 35 P.S. § 1680.402c (Notice and institution of foreclosure proceedings),' it is hereby ordered and directed that Plaintiffs motion is DENIED. BY THE COURT, Christylee. . Peck, J. Marc S. Weisberg, Esq. 21 South Broad Street cite 1400 Philadelphia, PA 19109 Attorney for Plaintiff 'We note that section 1680.401c of the Housing Finance Agency Law enumerates exceptions to the applicability of Article 1V-C. However, neither Plaintiff's complaint nor Plaintiff's motion avers that a particular exception applies in this matter. Rather,Plaintiff's complaint contains the bald assertion that notice was not provided because"the provisions of such Act were not applicable . . . (Complaint, 9, March 7, 2012.) D. Theodore 4pperman 962 Pennsylvania Avenue Pen Argyl, PA 18072 and 12 East Main Street New Kingston, PA 17055 Pro Se Defendant k 2 McCABE,WEISBERG & CONWAY,P.C. Attorneys for Plaintiff BY: Jennifer L. Wunder,Esquire Identification Number 315954 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 Telephone: (215) 790-1010 M&T Bank, Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. NO. 12-1503 CIVIL D. Theodore Opperman and Susanna D. Opperman, Defendants. CERTIFICATION OF SERVICE I, Jennifer L. Wunder, Esquire, hereby certify that I served or caused to be served a true and correct copy of the within Plaintiffs Motion for Reconsideration and attached documents on the below party on January 14, 2014,by first-class mail,postage prepaid: Scott M. Amori, Esq. Amori &Associates, LLC. 513 Sarah St. Stroudsburg, PA 18360 Attorney for Defendant DATE: L l ? Jennifer L. Wunder, Esquire McCABE, WEISBERG& CONWAY, P.C. Attorney for Plaintiff McCABE,WEISBERG AND CONWAY,P.C. BY: Jennifer L. Wunder,Esquire Attorney for Plaintiff Attorney Identification No. 315954 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank, CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS c vs. NO. 12-1503 CIVIL D. Theodore Opperman and Susanna B. Opperman, Defendants PRAECIPE TO SUPPLEMENT Kindly supplement Plaintiff's Motion for Reconsideration of Order Denying Summary Judgment in the above captioned matter,sent for filing with the Court on January 14,2014,with the attached Exhibit"B". McCABE, WEISBERG& CONWAY, P.C. DATE: January 15, 2014 BY: , JE I ''R L. WUNDER, ESQUIRE Attorney for Plaintiff EXHIBIT ff ff Page 1 Lexis exis® PENNSYLVANIA BULLETIN Copyright 2011 Pennsylvania Legislative Reference Bureau All Rights Reserved ISSUE: Volume 41,Number 22 ISSUE DATE: Saturday,May 28,2011 SUBJECT:NOTICES AGENCY:HOUSING FINANCE AGENCY 41 Pa.Bull. 2789 HOUSING FINANCE AGENCY Homeowner's Emergency Mortgage Assistance Program;Unavailability of Funds Under section 409-C of the Housing Finance Agency Law(35 P. S. §1680.409c),(Act),the Executive Director of the Housing Finance Agency(Agency)has determined that as of July 1,2011,the Agency will have insufficient money available in the Homeowner's Emergency Mortgage Assistance Program(Fund)to accept new applications for emergency mortgage assistance. The Agency projects that the money available in the Fund will be insufficient to pay out on new applications that are expected to be received after June 30,2011,and at the same time to continue making disbursements on behalf of mortgagors previously approved. The Agency will continue to accept applications for mortgage assistance up to and including June 30,2011.The applications will be considered on a first-come,first-served basis,based on availability of funds. Effective July 31,2011,mortgagees shall no longer be subject to the provisions of Article IV-C of the act(35 P. S.§§ 1680.401c-1680.412c),and mortgagees may,at any time on or after August 1,2011,take legal action to enforce the mortgage without any further restriction or requirement of the article.Notwithstanding the previous information, however,mortgagees shall not take legal action against mortgagors who applied for mortgage assistance on or before July 1,2011,and whose application was approved by the Agency in a timely manner;while continuing mortgage assistance disbursements are being made on their behalf by the Agency;or during the time that their mortgage assistance loan is being prepared for closing by the Agency. If funds become replenished in sufficient amount,by an appropriation or otherwise,to continue the Fund,a new notice will be published in accordance with the act announcing that fact and thereafter mortgagees and mortgages shall again be subject to the provisions of Article IV-C of the act.Additional information on funding availability may be available at www.phfa.org and all mortgagors and mortgagees are encouraged to visit the web site for updated status. Page 2 41 Pa.Bull.2789 Nothing in this notice affects other Agency funding programs. Specifically,the Agency continues to have available funds in the Federal Emergency Homeowners'Loan Program(EHLP)for qualifying mortgagors.Additional information about the EHLP is available at www.phfa.org. BRIAN A.HUDSON, Sr., Executive Director HISTORY Pa.B.Doc.No. 11-920.Filed for public inspection May 27,2011. Page 1 PENNSYLVANIA BULLETIN Copyright 2011 Pennsylvania Legislative Reference Bureau All Rights Reserved ISSUE: Volume 41,Number 29 ISSUE DATE: Saturday,July 16,2011 SUBJECT:NOTICES AGENCY:HOUSING FINANCE AGENCY 41 Pa.Bull. 3943 HOUSING FINANCE AGENCY Homeowner's Emergency Mortgage Assistance Program;Unavailability of Funds Star pagination is in accord with Pennsylvania Bulletin hardcopy pagination. To view the next page,type.np*and TRANSMIT. To view a specific page,transmit p* and the page number. E.G.p*1 Under section 409-C of the Housing Finance Agency Law(act)(35 P. S.§1680.409c),the Housing Finance Agency (Agency)has previously provided notice that it will have insufficient money available in the Homeowner's Emergency Mortgage Assistance Program(Fund)to accept new applications for emergency mortgage assistance on or after July 1, 2011.The notice was published at 41 Pa.B. 2789(May 28,2011). The act provides that the Agency establish a date certain,which is at least 90 days from the date of the notice,after which mortgagees shall no longer be subject to the provisions of Article IV-C of the act(35 P. S.§§ 1680.401c-1680.412c).This supplement to the notice establishes the date certain to be August 27,2011.At any time on or after August 27,2011,mortgagees may take legal action to enforce the mortgage without any further restriction or requirement of the act without respect to the date upon which a mortgage obligation becomes delinquent. This notice does not affect the requirement to give notice before accelerating the maturity of certain residential mortgage obligations,beginning any legal action including mortgage foreclosure to recover under the obligations or take possession of any security of the residential mortgage debtor for the residential mortgage obligations as provided by section 403 of the act of January 30, 1974(P.L. 13,No.6)(41 P. S.§403),for which the Department of Banking, by regulation,has promulgated a model notice that may be found at 10 Pa. Code§7.4(relating to notice of intention to foreclose mortgage).Nor does it affect any additional notices,required by local,State or Federal laws,rules or regulations. Page 2 41 Pa.Bull.3943, * Additional information on funding availability may be available at www.phfa.org and all mortgagors and mortgagees are encouraged to visit the web site for updated status and information. [*3944] The Agency continues to have available funds in the Federal Emergency Homeowners'Loan Program(EHLP) for qualifying mortgagors.Additional information about EHLP is available at www.phfa.org. BRIAN A.HUDSON, Sr., Executive Director HISTORY Pa.B.Doc.No. 11-1197.Filed for public inspection July 15,2011. • McCABE, WEISBERG AND CONWAY, P.C. BY: Jennifer L. Wunder, Esquire Attorney for Plaintiff Attorney Identification No. 315954 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 M&T Bank, CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS vs. NO. 12-1503 CIVIL D. Theodore Opperman and Susanna B. Opperman, Defendants CERTIFICATION OF SERVICE I,Jennifer L.Wunder,Esquire,attorney for Plaintiff,hereby certify that I served a true and correct copy of within Praecipe to Supplement by United States Mail, first class, postage prepaid, on the 15th day of January, 2014, upon the following person: Scott M. Amori, Esq. Amori &Associates, LLC 513 Sarah St. Stroudsburg, PA 18360 Attorney for Defendant DATE: January 15, 2014 Jenni er L. under, Esquire McCABE, WEISBERG & CONWAY, P.C. Attorney for Plaintiff M&T BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW D. THEODORE OPPERMAN AND SUSANNA B. OPPERMAN, : Defendants NO: 12-1503 CIVIL IN RE: PLAINTIFF'S MOTION FOR RECONSIDERATION ORDER OF COURT AND NOW, this 6`" day of February, 2014, upon consideration of Plaintiff's Motion for Reconsideration, it is hereby GRANTED and the Court's Order of January 8, 2014 denying summary judgment is VACATED. BY THE COURT, Christyleift. Peck, J. Jennifer L. Wunder Es q. q 123 South Broad Street Suite 1400 Philadelphia, PA 19109 Attorney for Plaintiff Scott M. Amori, Esq. 513 Sarah Street , C r, Stroudsburg, PA 19360 Attorney for Defendant =rM rn =,= r,� Theodore Opperman 962 Pennsylvania Avenue >_-, ._ Pen Argyl, PA 18072 } and = ' 12 East Main Street New Kingston, PA 17055 !Y 2 M&T BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW D. THEODORE OPPERMAN AND SUSANNA B. OPPERMAN, : Defendants NO: 12-1503 CIVIL RULE TO SHOW CAUSE ORDER OF COURT AND NOW, this 7`h day of February, 2014, having granted Plaintiffs Motion for Reconsideration in light of the fact that mortgagees in Pennsylvania are no longer subject to the provisions of Article IV-C of the Housing Finance Agency Law, IT IS HEREBY ORDERED THAT: (1) a rule is issued upon Defendant, D. Theodore Opperman, to show cause why the moving party is not entitled to summary judgment; and, (2) Defendant, D. Theodore Opperman, shall file an answer within twenty (20) days of this date. BY THE COURT, Christy fee L. Peck, J. Jennifer L. Wunder, Esq. 123 South Broad Street Suite 1400 Philadelphia, PA 19109 , Attorney for Plaintiff ' :r m M M-. /Scott M. Amori, Esq. =:;v c ; 513 Sarah Street Stroudsburg, PA 19360 -„ Attorney for Defendant CD CD v� D. Theodore Opperman 962 Pennsylvania Avenue Pen Argyl, PA 18072 �2 East Main Street New Kingston, PA 17055 LL c w 6 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA •. M&T BANK -Q Plaintiff 2012-1503 CVO V. D. THEODORE OPPERMAN AND SUSANNA B. OPPERMAN ' Defendants ANSWER TO RULE TO SHOW CAUSE ORDER OF COURT AND NOW COMES Defendant D. Theodore Opperman, through his attorney, Scott M. Amori, Esq. of Amori &Associates, LLC and answers Your Honorable Rule to Show Cause as follows: 1. Given the fact that the mortgages subject to this action were not subject to the provisions of Article IV-C of the Pennsylvania Housing Finance Agency Law, there is no basis to object to,the Plaintiff, M&T Bank's summary judgment. Respectfully s mitted, Scott M. ori, Esq. Amori &Associates, LLC 513 Sarah Street Stroudsburg, PA 18360 Atty ID 77038 (570)421-1406 M � COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA M&T BANK Plaintiff 2012-1503 CV V. D. THEODORE OPPERMAN AND SUSANNA B. OPPERMAN Defendants CERTIFICATE OF SERVICE I, Sharon Miller of Amori &Associates hereby certify that service of the Defendant's Answer to the Rule to Show Cause Order of Court was served upon: Marc S. Weisberg, Esq. McCabe,Weisberg& Conway, P.C. Suite 1400 123 S. Broad Street Philadelphia, PA 19109 By mailing first class, postage prepaid on February, 2014 �T lG�'6`rl Sharon Miller, le al assistant Amori &Associates, LLC 513 Sarah St. Stroudsburg, PA 18360 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: Jennifer L. Wunder, Esquire Attorney Identification No. 315954 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 Telephone: (215) 790-1010 M&T Bank, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY--A Plaintiff, a v NO. 2012-1503 CIVIL rh , %nr N D. Theodore Opperman and Susanna B. Opperman, - -cue Defendants. MOTION FOR RULE ABSOLUTE __ Plaintiff, M&T Bank (hereinafter "Plaintiff'), by and through its attorneys, McCabe, Weisberg & Conway, P.C., hereby moves for a Rule Absolute regarding its Motion for Summary Judgment and the subsequent Rule to Show Cause issued in this matter, and in support thereof avers as follows: 1. On November 14, 2013, Plaintiff filed its Motion for Summary Judgment against Defendant D. Theodore Opperman (hereinafter "Motion for Summary Judgment"), to which Defendant failed to respond. 2. On or about January 8, 2014, this Court issued an Order denying Plaintiffs Motion for Summary Judgment, based solely on Plaintiffs failure to provide Defendant notice under Article IV-C (Homeowner's Emergency Assistance) of the Housing Finance Agency Law as required by 35 P.S. § 1680.402c, or alternatively, to enumerate the particular exception to the applicability of Article IV-C to this matter. 3. On or about January 16, 2014, Plaintiff filed a Motion for Reconsideration of the Order Denying Summary Judgment, by which Plaintiff demonstrated that, effective August 27, 2011, mortgagees in Pennsylvania were no longer subject to the provisions of Act 91, and therefore, no longer required to provide Defendant notice under Article IV-C. 4. On February 6, 2014, this Court issued an Order Granting Plaintiff's Motion for Reconsideration and Vacating the Court's Order of January 8, 2014 denying summary judgment. 5. On February 7, 2014, this Court issued a Rule upon Defendant D. Theodore Opperman to show cause why Plaintiff is not entitled to summary judgment. A true and correct copy of the Rule to Show Cause Order of Court is attached hereto as Exhibit"A". 6. On or about February 26, 2014, Defendant filed an Answer to Rule to Show Cause, simply stating that, "there is no basis to object to the Plaintiff, M&T Bank's summary judgment." A true and correct copy of Defendant's Answer to Rule to Show Cause is attached hereto as Exhibit"B". WHEREFORE, upon due consideration of Defendant's Answer to Rule to Show Cause, Plaintiff respectfully requests this Honorable Court grant this Motion for Rule Absolute and issue an Order granting summary judgment in favor of Plaintiff and against Defendant D. Theodore Opperman, and enter judgment against Defendant in the amount of $29,975.47, together with interest at a rate of$3.90 per diem, plus costs, from April 4, 2013. Respectfully submitted, Jenni er L. under, Esquire McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff EXHIBIT "A" M&T BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW D. THEODORE OPPERMAN AND SUSANNA B. OPPERMAN, Defendants : NO: 12-1503 CIVIL RULE TO SHOW CAUSE ORDER OF COURT AND NOW, this 7th day of February, 2014, having granted Plaintiff's Motion for Reconsideration in light of the fact that mortgagees in Pennsylvania are no longer subject to the provisions of Article IV-C of the Housing Finance Agency Law, IT IS HEREBY ORDERED THAT: (1) a rule is issued upon Defendant, D. Theodore Opperman, to show cause why the moving party is not entitled to summary judgment; and, (2) Defendant, D. Theodore Opperman, shall file an answer within twenty (20) days of this date. BY THE COURT, Clirisiyj e L. Peck, J. t r� ter L. Wunder, Esq. `123 South Broad Street Suite 1400 rriri 1'1 Philadelphia, PA 19109 Attorney for Plaintiff - --' • r) Scott M. Amori, Esq. 513 Sarah Street Stroudsburg, PA 19360 Attorney for Defendant EXHIBIT "B " s COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA • M&T BANK -1) ��, Plaintiff ����r c d 2012-1503 CV cP-s; 4. v. O i> PC>c, D. THEODORE OPPERMAN AND SUSANNA B. OPPERMAN • • Defendants ANSWER TO RULE TO SHOW CAUSE ORDER OF COURT AND NOW COMES Defendant D. Theodore Opperman,through his attorney, Scott M.Amori, Esq. of Amori &Associates, LLC and answers Your Honorable Rule to Show Cause as follows: 1. Given the fact that the mortgages subject to this action were not subject to the provisions of Article N-C of the Pennsylvania Housing Finance Agency Law, there is no basis to object to the Plaintiff, M&T Bank's summary judgment. Respectfully s -nutted, Ale° Ad Scott M. 'rori, Esq: Amori&Associates, LLC 513 Sarah Street Stroudsburg,PA 18360 Atty ID 77038 (570)421-1406 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: Jennifer L. Wunder, Esquire Attorney Identification No. 315954 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 Telephone: (215) 790-1010 M&T Bank, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v NO. 2012-1503 CIVIL D. Theodore Opperman and Susanna B. Opperman, Defendants. CERTIFICATE OF SERVICE I, Jennifer L. Wunder, Esquire, counsel for plaintiff in the within matter, do hereby certify that on the I 0 day of March, 2014, I served copies of the foregoing Motion for Rule Absolute and Proposed Order by placing the same in the United States mails, first-class, postage prepaid, addressed to the following person(s): Scott M. Amori, Esq. Amori & Associates, LLC 513 Sarah St. Stroudsburg, PA 18360 Attorney for Defendant Date: 1 $ 1 i Je fifer . Wunder, Esquire McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff M &T Bank, Plaintiff, v. D. Theodore Opperman and Susanna B. Opperman, Defendants. ORDER AND NOW, this d 6 1 L day of m ' - ' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2012 -1503 CIVIL C) r-.....) {-. c -.;, -02{ -L---- --y m c .: -- .3 FC) Zr r�,'� .d_ ▪ r; i --1 Co - C - , 2014, upon due consideration of Plaintiffs Motion For Rule Absolute, and Defendant's Answer to Rule to Show Cause, it is hereby ORDERED and DECREED that summary judgment is GRANTED in Mortgage Foreclosure in favor of Plaintiff, and judgment is entered against Defendant, D. Theodore Opperman, in the amount of $29,975.47 together with interest at a rate of $3.90 per diem from April 4, 2013 to the entry of judgment, plus costs and interest from the date of judgment provided by law. CLERK/PROTHONOTARY is directed to enter said Judgment. BY THE COURT: ;Yee< J. l,JiAAictfit__.. s).-Prkxvu. .3/2:210/1 S McCABE, WEISBERG AND CONWAY, P.C. 'BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID 4 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M &T Bank Plaintiff v. D. Theodore Opperman and Susanna B Opperman Defendants 2314 APR 21 11: 52 CUM3ETRL AND P NNSyL;,ti'�Alj r CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012- 1503CIVIL ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by court order in favor of Plaintiff and against Defendantl, D. Theodore Opperman ai4- Sssanra t pperman, in the above - captioned matter in the amount of $29,975.47 plus per diem interest at $3.90 as set forth in the attached Order dated March 26, 2014. Total judgment amount is $31,445.77. McCABE, IS RG &_CONW BY: [ ] Terrence J. M be, [ ] Edward D. Co way, E "q. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. { ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff Y, P.C. Y V ■-C , 2014, Judgment by court order is entered in favor of Plaintiff, AND NOW, this &{ day of M &T Bank, and against Defendants, D. Theodore Opperman , in rem only and not in personam, and damages are assessed in the amount of $31,445.77,�plus interest and costs. BY THE PRO ONO [ ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. I4 ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. D. Theodore Opperman and Susanna B. Opperman, ORDER AND NOW, this 64:0,-' day of , / COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2012-1503 CIVIL cc rrl ' -r., ...L- :r-1 ) r:AD 1 --r-„-. : r- .- ,) :.4 -- --ri M: :.-4,:. • • -.7., --,-, cil ;•::1 , 2014, upon due consideration of Plaintiffs Motion For Rule Absolute, and Defendant's Answer to Rule to Show Cause, it is hereby ORDERED and DECREED that summary judgment is GRANTED in Mortgage Foreclosure in favor of Plaintiff, and judgment is entered against Defendant, D. Theodore Opperman, in the amount of $29,975.47 together with interest at a rate of $3.90 per diem from April 4, 2013 to the entry of judgment, plus costs and interest from the date of judgment provided by law. CLERK/PROTHONOTARY is directed to enter said Judgment. BY THE COURT: McCABE, WEISBERG AND CONWAY, P.C. ' BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M &T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012- 1503CIVIL AFFIDAVIT OF NON - MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true to the best of my knowledge, information, and belief: Said Defendants, D. Theodore Opperman and Susanna B. Opperman, are not in the military service of the United States as defined in the Servicemembers Civil Relief Act, 50 U.S.C. app. Sections 501 et seq. as of the date of the SCRA report attached. Said Defendants reside at: D. Theodore Opperman, 2812 Merion Road, Camp Susanna B. Opperman, 2812 Merion Road, Camp Hill, Hill, PA 17011 PA 17011 McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. r be, [ ] Edward D. C e way, sq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ )d Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. -d+ On the 1l (.o day of / r t t of year 20 before me, the undersigned, a Notary Public in and for said State, personally appeared i -3p,nht4 e r Wun , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the instrument. COMMONWEALTH OF PENNSYLVANI NOTARiAL SEAL tvMAIA KUSHICK, Notary Public City of Philadelphia, Phila. County My COrrkinitaidll Expires May 10,2017 Department of Defense Manpower Data Center Results as ot: Apr-16-2014 08:37:58 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: OPPERMAN First Name: D. Middle Name: THEODORE Active Duty Status As Of: Apr -16 -2014 On Active Duty On Active Duty Status Date Active Duty Start Data Active Duty End Date Status Service Component NA NA . . ' , �t~ s: .'.No•. i' ;it', ry 1 NA This response reflects Cie Individuals' active duty status based the Active Duty Status Date 4. •}i\ Left Active Duty Within 367 Da of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA ... +,., ' NA w1 _._ -i , �t~ s: .'.No•. i' ;it', ry 1 NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date l? 1 The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA \ NA ' \%. . 4 . + , - Y '°. No • `' fir NA This response reflects whether�the individual or his/her unit has received early notification to report for active duty it Upon searching the data banks of the Department of Defense Manpower�Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 • The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: Q8N94D6F50A7Y20 Department of Defense Manpower Data Center Results as of : Apr -16 -2014 08:39:58 AM SCRA 3.0 Status Report Pursuant to Servicemem°bers Civil Relief Act Last Name: OPPERMAN First Name: SUSANNA Middle Name: B. Active Duty Status As Of: Apr -16 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Data Status Service Component NA NAB' ''• }I:''-- . r ` -V'.. No ', '� NA This response This response reflects the individuals' active duty status based on the Active Duty Date :A IN, \ 1. ) Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA pH--`NA -. . -r. ' a 1 ' .�y`,_`' ^. No -, '' 'i 1 NA This response i' reflects where the ind{vidual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA �' NA't 'N. • .. S5 -.. No . ../ NA This response reflects whether the individual _or his /her unit has received early notification to`report for active duty Upon searching the data banks of the Department of Defense Manpower.Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services rmy, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 woliAene4.0 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: W8LOWDCFQOA8E10 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE- ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M &T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012- 1503CIVIL AFFIDAVIT OF LAST -KNOWN MAILING ADDRESS OF DEFENDANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: The undersigned attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that the last -known mailing addresses of the Defendants are: D. Theodore Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 SWORN AND SUBSCRIBED BEFORE ME THIS l l DAY OF ,�<prl, ` , 2014 NOTARY PUS MMONWEAr►i FP MAIA NOTARIAL SEAlnrsr!_v C141 I A Philadelphia, KHICK Notary Public My Commissi es Ma• 10, 201 7 AN,, SS. Susanna B. Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. be sq. [ ] Edward D. Conway, sq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. VERIFICATION The undersigned attorney hereby certifies that he /she is the Attorney for the Plaintiff in the within action, and that he /she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. M e, [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff M &T Bank v. D. Theodore Opperman and Susanna B. Opperman Cumberland County; Number: 2012- 1503CIVIL [ ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [,+o] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, PA 17013 Prothonotary To: D. Theodore Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 M &T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012- 1503CIVIL NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has as indicated below. Prothono n ent: + in t . -t _; =`ve proceedin N X Judgment by Court Order Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790 -1010. h�I OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, PA 17013 Prothonotary To: Susanna B. Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 M &T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012- 1503CIVIL NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has as indicated below. Prothonottry en entered in the above proceeding X Judgment by Court Order Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790 -1010. (-41a► C�H OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, PA 17013 Prothonotary To: Scott M. Amori, Esq. Amori & Associates, LLC 513 Sarah Street Stroudsburg, Pennsylvania 18360 M &T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012- 1503CIVIL NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceedin as indicated below. W � / Prothonotary X Judgment by Court Order % / L/ Money Judgment "[ Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790 -1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION C-� FILE NO.: 2012-1503CIVIL Civil Tem AMOUNT DUE: $29,975.47 cn > C) --4 M&T Bank v. D. Theodore Opperman and Susanna B Opperman flea Susanna B. Potera INTEREST: from 04/22/14 $1,114.18 at $4.93 ATTY'S COMM.: COSTS: GJ --_i rn r-, C) TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 12 East Main Street, New Kingston, Pennsylvania 17055 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: McCABE, WEISBERG, , P.C. BY: 56.r/fre...._ [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff ] Marc S. eisberg, Esq. ] Margaret Gairo, Esq. ] Heidi R. Spivak, Esq. ] Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Josep oley, Esq. ] J. • ifer L. Wunder, Esq. Carol A. DiPrinzio, Esq. Address:123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 48$.5o PD ATT'P 113.00 CSF 163.75 " lin .5o let .'15 11.50 I 1I It ag8.co - PDATI1y .50 LL 00(410 -Soq/a3 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman fka Susanna B. Potera Defendants 201? APR 1.0 111 B: ;3 ClIl;` rti r RL HI) COUNTY r ENNSYL.VAN11 c-) Attorneys for Plaintiff° z rtl Cumberland County Court of Common Pleas Number 2012-1503 CIVIL (.JIG U !C, 63,zd /f ORDER AND NOW, this % day of 1�-c�..t' , 2012, the Plaintiff is granted leave to serve all process in this mortgage foreclosure action upon the Defendant, D. Theodore Opperman, by regular mail and by certified mail, return receipt requested, to his/her last known address of 2812 Merion Road, Camp Hill, Pennsylvania 17011, and by posting the mortgaged premises of 12 East Main Street, New Kingston, Pennsylvania 17055. BY THE COURT: McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L, WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZ.IO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman flea Susanna B. Potera Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2012-1503CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 -, CD .9 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 12 East Main Street, New Kingston, Pennsylvania 17055, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Susanna B. Opperman fka Susanna B. 2812 Merion Road Potera Camp Hill, Pennsylvania 17011 D. Theodore Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 2. Name and address of Defendants in the judgment: Name Address D. Theodore Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 Susanna B. Opperman flea Susanna B. 2812 Merion Road Potera Camp Hill, Pennsylvania 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Address First National Bank of PA c/o Robert 407 North Front Street Kodak, Esquire Harrisburg, Pennsylvania 17128 First National Bank of PA One F.N. B. Boulevard Hermitage, Pennsylvania 16148 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address Silver Spring Township Authority 31 E. Main Street ,PO BOX 1001 New Kingstown, Pennsylvania 17072-1001 Silver Spring Township Authority 6475 Carlisle Pike Mechanicsburg, Pennsylvania 17055 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue 12 East Main Street New Kingston, Pennsylvania 17055 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales United States of America United States of America c/o Atty General of the United States United States of America do Atty General of the United States 8. Name and address of Attorney of record: Name Scott M. Amori, Esq. c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address Scott M. Amori, Esq. 513 Sarah St. Stroudsburg, Pennsylvania 18360 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE McCABE, WEISBER BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff Y, P.C. [ ] Marc 1 eisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I oley, Esq. [ ] Je ' er L. Wunder, Esq. [. arol A. DiPrinzio, Esq. M&T Bank v. D. Theodore Opperman and Susanna B. Opperman flca Susanna B. Potera Cumberland County; Number: 2012-1503CIVIL McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW M&T Bank v. D. Theodore Opperman and Susanna B. Opperman fka Susanna B. Potera D. Theodore Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2012-1503CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Susanna B. Opperman fka Susanna B. Potera 2812 Merion Road Camp Hill, Pennsylvania 17011 D. Theodore Opperman 12 East Main Street New Kingston, Pennsylvania 17055 w rn -; U Your house (real estate) at 12 East Main Street, New Kingston, Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on December 3, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $29,975.47 obtained by M&T Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to M&T Bank the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - BE) # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff V. D. Theodore Opperman and Susanna B. Opperman fka Susanna B. Potera Defendants EU - °Fp ut,T pr !ril 10 ' CUH8ELT)CUT N T PENNS YLVAN;/ NIA Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 2012-1503 CIVIL ORDER AND NOW, this /0 day of , 2012, the Plaintiff is granted leave to serve all process in this mortgage foreclosure action upon the Defendant, D. Theodore Opperman, by regular mail and by certified mail, return receipt requested, to his/her last known address of 2812 Merion Road, Camp Hill, Pennsylvania 17011, and by posting the mortgaged premises of 12 East Main •Street, New Kingston, Pennsylvania 17055. BY THE COURT: LEGAL DESCRIPTION ALL. TADS$ CERTAIN lot-., tracts, or parcels of -and si.tvate In Silver Spring Township, Cumberland county, Pennsylvania, and being more parti- cularly hounded and described as follows, to wit_ �'R_ A_C__T EEGINNING at a point at other lands now or formerly of Ray D. McCoy, and wife, which point is referenced at a sixty foot wide street and land now or formerly of C. W. Sunday; thence along the sixty foot wide street, South 16 degrees 11 minutes East 132-34 feet to a point; thence along land now or formerly of C. W. Sunday, Lot No. 22 of the above -referred --to Plan. South 74 degrees 59 minutes West 120.77 to a point; thence along Lot No. 9 of the above -referred -to Plan, North 22 degrees 52 minutes n fl West 28.23 feet to a point; thence along land now or formerly S. Witt, North 71 degrees 38 minutes East 65.82 feet to a point; thence by the carne and crossing over a 16 foot wide alley, North 23 degrees 23 minutes west 201 feet to a point; thence along lands now or formerly of Edgar P. .Rosenberry, Jr., and the northern line of said alley, North 75 degrees 47 minutes East 21 feet to a point; thence along lands now or formerly of Ray D. Mccoy and wife, and the northern line of the sixteen Soot wide alley, North 73 degrees 49 minutes East 00 feet to a point on a 60 foot wide street, the point and place of BEGrNNING. CONTAINING 13,145 square feet tnd being Lot No. 10 of the above -- referred -to Plan. BEING Tract No. 1 of the property which c. W. Sunday, by his deed dated 29 da.nuer_y 1961 and. recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed 200 1‹. H, Volume 30, at. Page 586, granted and conveyed unto Ray D. McCoy and Esther I. McCoy, the Grantors herein. TRACT HO. 2: foot wide street, which point- is ght-of-way line of U.S. Route 11, the said sixty toot wide street. 57 feat to a point; thence along SEGINNING at a point on a sixty referenced 211 -fe et. from the legal ri Carlisle Pike, L.R. 34; thence along South 16 degrees 11 minutes East 132. land now or formerly of C. W. Sunday, to Plan, North 74 degrees 59 minutes along land now or formerly of doff a minutes West 135.38 of Bruce L. Forrest.. wort 141.17 foot to place of eae::NNINo. ?i V Lot NC. 12 of the above -referred - East 145.53 feet to a point; thence Mardi, Inc . , North 18 degrees 01 feet to a point; thence along lands now or and rn_ Theodore opperman., South 73 dogrse a point on the sixty foot wide etreeat, the formerly S4 minutes point and co TATNTNG 19,195 sguare feet and bei ng- Lot No. 11 of the above - referred -to Plan. re BSINO !tract Na. 2 of the property which c. w. Sunday by his dead dated 26 .7anuary 1981 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Boo1c 8, volume 29, at PaC,3e 684, granted and convoyed unto Ray 0. McCoy and Esther 2. Si000y, the Grantors herein. ' 'lRF1Cw N0. 3; . BEGrNNI`.YG at a point along the public highway formerly' hnew-l_ as the Harrisburg and c:nanalaersburq '3^u.rnpiie; thence along lands now or formerly of .rohn A. Stewart, south 16 degrees 30 minutes Past, a distance of .211 .foot to an iron pin along a proposed a110yy; thence along .said. allay Worth 73 degrees 30 minutes East, a distance of 50 feet; thence along lands now -or formerly of .Tanet Glasgow, North 26 degrees 30 minutes West. a distance of 21.1 feet to the maid public highway; thence alone said public highway, South 73 degrees 30 minutes West, a distance of 50 feet to the point or place cf BEGINNING. suBJScT, sosrEVER, to the restriction that ell buildings on the above described rice of land shall. be set back at least twenty feet from the curb. BEING the same premises which Paul S. Eshelman and his wife, by their deed dated 24 laugust 1957 and recorded in the Recorder of needs Office in and for C:=uTl:,e r lar'ac3 County, Pennsyly araia, in fln.sc1 Book 5, Volerne 17, at Page 453, granted and conveyed unto Ray I]. McCoy and Esther I. McCoy, the Grenter_s herein. Tam= No. 4 nmoili ItSG at a point on the southern right-of-way line of united. states Route 11, also known as the carli.sLe P11ce, which said point is 397 feeh more or lass East from the intersection of the Haid Carlisle with theLocust Point Road; thence along an unnamed 60 foot wide street, e portion of which is shown as .Lot No. 2 en the plan of lots recorded in Recorder of needs office in and for Cumberland County, Pennsylvania, in Plan Soo1c 39 at Page 50, south 16 degrees 11 nainaatss East, a distance of 211.00 feet t_o a point; thence along an unnamed 16 foot alley, South 73 degrees 40 minutes West, a dietenee of 30 feet to a point along other lax -ass of L•hae Grantors herein; thoraco continuing ralong said lands, North 16 degrees 11 minutes West, a distance of 211.00 feet to a point or the southern right-o.f-.,.•ray of cr_S. haute Li, also know -fl as ti -re Carlisle 2'>ih¢; ttaenco along staid right -o£ -way tins. North 73 degre s 49 minutes East, a distance of 30.00 feet to the point or plSace of r3c.0MONING. Premises: 12 East Main Street, New Kingston, Pennsylvania 17055. BEING the same premises which Ray D. McCoy and Esther I. McCoy, his wife, by deed dated August 21, 1981 and recorded October 16, 1991 in Deed Book I-35, Page 925, granted and conveyed unto D. Theodore Opperman and Susanna B. Opperman flea Susanna B. Potera . TAX MAP PARCEL NUMBER: 38-19-1621-093 &38-19-1621-091A THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net M&T BANK Vs. NO 12-1503 Civil Term CIVIL ACTION — LAW D. THEODORE OPPERMAN and SUSANNA B. OPPERMAN f/k/a SUSANNA B. POTERA WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $29,975.47 Interest from 4/22/14 @ $4.93 -- $1,114.18 Atty's Comm: Atty Paid: $298.00 Plaintiff Paid: Date: 8/15/14 (Seal) L.L.: $.50 Due Prothy: $2.25 Other Costs: David D. Buell, Prothon • ary By: Deputy REQUESTING PARTY: Name: CAROL A. DIPRINZIO, ESQUIRE Address: McCABE, WEISBERG & CONWAY, PC 123 S BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 316094 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 2012-1503CIVIL AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF PHILADELPHIA The undersigned attorney, being duly sworn according to law, deposes and says that the following is true and correct to the best of his/her knowledge and belief: 1. That he/she is counsel for the above-named Plaintiff; 2. That on October 30, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Theodore D. Opperman, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his/her last -known address of 2812 Merion Road, Camp Hill, Pennsylvania 17011. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". 3. That on September 30, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Theodore D. Opperman, by posting the same at the mortgaged premises of 12 East Main Street, New Kingston, Pennsylvania 17055. A true and correct copy of the Sheriff's Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". SWORN AND SUBSCRIBED BEFORE ME THISDAY OF NOTARY PUBL 2014 rffl CV, 'ARIAI SEA BARBARA.). MOVER, Notary CitypiPhiladelphia, Pira. County fi C on E*es.ia y 17, 2018 McCAE, WEISBERG AND CONWAY, P.C. BY: [ ] Terrence J. cCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff 1 [ ] Marc S. Weisberg, Esq. [A -Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Lena Kravets, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - m # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID 1 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Oppennan fka Susanna 13. Potera Defendants AND NOW, this Pi day of F1 F THE Pfl TH '1) R y 2912 AER F3: C N E LI CO IA Y l'ENNSYL VA NI A Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 2012-1503 CIVIL ORDER , 2012, the Plaintiff is granted leave to serve all process in this mortgage foreclosure action upon the Defendant, D. Theodore Opperman, by regular mail and by ceitified mail, return receipt requested, to his/her last known address of 2812 Merion Road, Camp Hill, Pennsylvania 17011, and by posting the mortgaged premises of 12 East Main Street, New Kingston, Pennsylvania 17055. BY THE COURT: 3 ‘70 0002 1646 3438 U.S. Postal Servicer°' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit ou ebsfte at www.usps.com',. Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Susanna 8. Opperman fka orPOBoxNo Susanna 8. Potera or PO Box No. ctxslaw, zu 2812 Merion Road Camp Hill, Pennsylvania 17011 u1 m 71314 2120 0002 1646 U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website a www.usps.com°, FICIAL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Det very Fee (Endorsement Required) Total Postage & Fees Sent To Srtraor&apr. F D. Theodore Opperman or PDBox No. 12 East Main Street cir"v Sime,"ztt New Kingston, Pennsylvania 17055 A 7014 2120 0002 1646 U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com', Postage Certified F Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark SiractXiiIrt.+UW D. Theodore Opperman or POBox No. 2812 Merlon Road Gtr sta'e, kt1'' Camp Hill, Pennsylvania 17011 Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 2080 Philadelphia, PA 19109 Attn: Robert Peace Check type of mail or service: 0 Certified 0 COD 0 Delivery Confirmation 0 Express Mail 0 Insured 0 Recorded Delivery (International) Cl Registered 0 Return Receipt for Merchandise 0 Signature Confirmation Affix Stamp Here (if issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Receipt Line Article Number Addressee Name, Street and PO Address Postage Fee Handling Charm Actual Value Insured ThreSender Lt; r Registered Vafue if COD Fee S "ES .1,„; .621,04011 ;1Y� $ 024.00 0 _,3;-_4940C` 2014 JL Jh wrsis Fee Fee Fee Fee Nationstar Mortgage LLC D/B/A Champion Mortgage Company v. All Unknown Surviving Heirs of Romaine E. Phillips, Deceased Mortgagor and Real Owner, Randolph Phillips, Known Surviving Heir of Romaine E. Phillips, Deceased Mortgagor and Real Owner and Jeffrey G. Phillips, Known Surviving Heir of Romaine E. Philips, Deceased Mortgagor and Real Owner Jeffrey G. Phillips, Known Surviving Heir of Romaine E. Phillips, Deceased Mortgagor and Real Owner 1315 Lombard Road Red Lion, Pennsylvania 17356 2 M&T Bank v. Dawn L. Bennett, alk/a Dawn L. Danfelt Dawn L. Bennett, alk/a Dawn L. Danfelt 60 Valley View Drive Windsor, Pennsylvania 17366 3 Nationstar Mortgage LLC v. Wesley L. Davis and Carrie A. Weaver Wesley L. Davis 332 Mesa Lane York, Pennsylvania 17408 4 Carrie A. Weaver 332 Mesa Lane York, Pennsylvania 17408 5 Wells Fargo Bank, NA v. Vivian G. Rush and James Bristol Rush a/k/a James Bristol Rush, Jr. Vivian G. Rush 227 West Mount Pleasant Avenue Ambler, Pennsylvania 19002 6 Vivian G. Rush 2165 West 66th Avenue Philadelphia, Pennsylvania 19138 7 James Bristol Rush a/k/a James Bristol Rush, Jr. 227 West Mount Pleasant Avenue Ambler, Pennsylvania 19002 8 James Bristol Rush alk/a James Bristol Rush, Jr. 2165 West 66t1, Avenue Philadelphia, Pennsylvania 19138 9 OneWest Bank, FSB v. Robert Schreiber, Executor of the Estate of Antoinette Schreiber, Deceased Mortgagor and Real Owner Robert Schreiber, Executor of the Estate of Antoinette Schreiber, Deceased Mortgagor and Real Owner 6448 Timra Circle Bensalem, Pennsylvania 19020 to `.„...17” eo ore pp-errnan 2812Jv1erion-Road ::.eonore 0 perman and Susanna (Camp RRl,'PennsyIvania770-11T1 Oppermart fRa Susanna BSP e a_ j 11 D. Theodore Opperman 12 East Main Street New Kingston, Pennsylvania 17055 12 Susanna B. Opperman fka Susanna B. Potera 2812 Merion Road Camp Hill, Pennsylvania 17011 13 Village Capital & Investment LLC v. Katina R. Adler Katina R. Adler 121 Cavalry Road Carlisle, Pennsylvania 17013 14 Katina R. Adler 310 Tichy Drive Mount Holly Springs, Pennsylvania 17065 15 Nationstar Mortgage LLC v. Amy N. Eppley and Eugene R. Eppley Arny N. Eppley 70 North Conley Lane Etters, Pennsylvania 17319 16 Eugene R. Eppley 584 Gutshall Road Boiling Springs, Pennsylvania 17007 17 Deutsche Bank National Trust Company, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2007-HE1, Asset Backed Pass -Through Certificates, Series 2007 -HE 1 v. James M. Graham and Emily Graham James M. Graham 19 Huron Avenue Lake Hiawatha, New Jersey 07034 is Emily Graham 19 Huron Avenue Lake Hiawatha, New Jersey 07034 19 Wells Fargo Bank, N.A. v. George Lightcap a_k.a. George H. Lightcap, Jr. and Helen M. Lightcap George Lightcap a.k.a. George H. Lightcap, Jr. 1671 Brynne Lane Pottstown, Pennsylvania 19464-1475 Z0 Helen M. Lightcap 1413 Sunrise Lane Pottstown, Pennsylvania 19464-2550 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Nome of receiving employee) n. fail deelsrauon of value u required on all domestic and intrntatiored registered nonnegotiable dmunentsunder E<pressMail dmm,, .A^•Con nmrvn¢ ISSSUOpvq�y,tjRttoaddn or damns in a single & �a ophic auwrm¢ The maximal indemnity payable on Mail Service merchandise is available for up to 35,0% to some, but not all countries The Domestic Alai, Alamo! R900, S913, end 5921 for limitations of among on insured coscag, on international nail Special handling charges appy only to Sunda d Keil (A) tit The maXamoat E p e e Mallen maximum indemnity and COD mail and Standard indemnity -chanciest {wattle See intemarinnal Mail (g) pwvb! least limi¢eonsfn:mo h m an e u ns,000 Mei! latoel0 for the s S 500, registered for registered Mo! reconstruction k pieces W optional mail for limitstioos of 100 Emits See of PS Form 3877, August 2000 Complete by Typewriter, Ink, or Ball Point Pen EXHIBIT B Ronny R Anderson Sheriff Jody S Smith C,h. i•31 L),'/Juty fli.'.!iard V! ?i+^:w rt SHERIFF'S OFFICE OF CUMBERLAND COUNT G�•:lit �. LI Sk1 • M & T Bank vs. Theodore D. Opperman (et al.) SHERIFF'S RETURN OF SERVICE 09/30/2014 11:34 AM - Deputy Shawn Gutshall, being duly sworn according to law, states service w posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale above titled action, upon the property located at 12 East Main Street, Silver Spring To Kingstown, PA 17055, Cumberland County. 09/30/2014 11:34 AM - Deputy Shawn Gutshall, being duly sworn according to law, states service w posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale above titled action, upon the property located at 12 East Main Street, Silver Spring - To Kingstown, PA 17055, Cumberland County. 09/30/2014 11:34 AM - Deputy Shawn Gutshall, being duly sworn according to law, states service w posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale 3i:3ove titled action, upon the property located at 12 East Main Street,. Silver Spring =.T Kingstown, PA 11055, Cumberland County. 09/301:2014 11:34 AM ` Deputy Shawn Gutshall, being duly sworn according to law, states service w posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale above titled action, upon the property located at 12 East Main Street, Silver Spring - To Kingstown, PA 17055, Cumberland County. 09/30/2014 11:34 AM - Deputy Shawn Gutshall, being duly sworn according to law, served the requ Writ, Notice and Description, in the above titled action, upon the within named Defendan Theodore D. Opperman, pursuant to Order of Court by "Posting" the premises located a Street, Silver Spring Township, New Kingstown, PA 17072, Cumberland County with a t copy according to lw. 09/30/2014 02:40 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requ Writ, Notice and Description, in the above titled action, by making known its contents an time personally handing a true copy to a person representing themselves to be the Def Susanna B. Opperman at 2812 Merion Road, Camp Hill Borough, Camp Hill, PA .17011 County. S}IERIFF COST: $2,231,10 pc - y cam•.... �; f,iF} . October 17, 214 '. r SO ANBWE:fa$, m ber 503 id by in the ew med by in the ew rmed by in the ew irned by in the ew al Estate ain orrect al Estate Same b wit: rland.. R FF McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. S WARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Oppemian Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012-1503CIVIL AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 31st day of October, 2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129.1 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME ME THIS OF I IA 0-- NOTARY PU • le CCNSMONWEA ,:fra i .N.:*`40YLVANIA NOTARIAL SEAL BARBARAmyJ. MOYER, Notary Public City of Philadelphia, Phila. County Commission Expires January 12, 2018 McCABE, WEISBERG & CONWAY, P.C. BY: IILAZ tA [ ] Terr ce cCabe, Esquire [ J Edward D. onway, Esquire ] Andrew L. Markowitz, Esquire [ 1 Marisa J. Cohen, Esquire [ 1 Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff [ ] Marc S. Weisberg, Esquire [.....rMargaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ J Christine L. Graham, Esquire [ 1 Ann E. Swartz, Esquire [ 1 Joseph I. Foley, Esquire [ ] Lena Kravets, Esquire McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, -ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215)790-1010 M&T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2012-I503CIVIL AFFIDAVIT PURSUANT. TO. RULE 3129.1 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 12 East Main Street, New Kingston, Pennsylvania 17055, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Susanna B. Opperman Address 2812Merion Road Camp Hill, Pennsylvania 17011 D. Theodore Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 2. Name and address of Defendants in the judgment: Name Address New Century Financial Services, Inc. 804 West Avenue c/o Ralph Gulko, Esquire Jenkintown, Pennsylvania 19046 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address Silver Spring Township Authority 31 E. Main Street ,PO BOX 1001 New Kingstown, Pennsylvania 17072-1001 Silver Spring Township Authority 6475 Carlisle Pike Mechanicsburg, Pennsylvania 17055 Borough of Camp Hill 2145 Walnut Street Camp Hill, Pennsylvania 17011 Borough of Camp Hill c/o Dayton 25 N. 20th Street Dylan Painter, Esquire Camp Hill, Pennsylvania 17011 Penn Waste, Inc. Penn Waste, Inc. c/o John N. Elliott, Esquire 85 Brickyard Road P.O. Box 3066 York, Pennsylvania 17402 Ream, Carr, Markey & Woloshin 119 E. Market Street York, Pennsylvania 17401 Tina Myers 12 East Main Street New Kingston, Pennsylvania 17072 Tina Myers c/o Philip C. Briganti, Esquire 74 W. Pomfret Street Carlisle, Pennsylvania 17013 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tnants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 12 East Main Street New Kingston, Pennsylvania 17055 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address Scott M. Amori, Esq. 513 Sarah St. Stroudsburg, Pennsylvania 18360 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE McCAUE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J McCabe, Esq. [ ] Edward Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff Re: M&T Bank v. D. Theodore Opperman. et al. Cumberland County; Number: 2012-1503CIVIL [ ] Marc S. Weisberg, Esq. ,Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Lena Kravets, Esq. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2012-1503CIVIL DATE: October 30, 2014 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: D. Theodore Opperman and Susanna B. Opperman PROPERTY: 12 East Main Street, New Kingston, Pennsylvania 17055 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $29,975.47 The above -captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriff's Sale on December 3, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 1400.. Philadelphia, PA 19109 Atm: DANIEL DELLAPENNA 63520 Check type of mail or service: 0 Certified o Recorded DeliveryInternational (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail ❑Signature Confirmation 0 Insured Affix Stamp Here � if issued as a certificate of mailing, or for additional copies of this bill) Postmark and ., . Date • '• ' • 3 't '' �,�i'riM'tt�• F ..•i,; _��_,#,` ' •• r tf : '� ' , ' ^ T wi+ • r: yr. X U.S. POSTAGE>» i ZIP 19109 02 1 0001377494 PITNEY BOWES =���� P►' $ 042.00° OCT. 31. 2014 Line Article Number Addressee Name, Street and PO Address Postage • .,Char in Acttu . oal aii M&T Bank v. D. Theodore Opperman and Susanna B. Opperman ►1, 1 Susanna B. Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 . �' PA i 9 rY 's, 2 D. Theodore Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 3 First National Bank of PA c/o Robert Kodak, Esquire 407 North Front Street Harrisburg, Pennsylvania 17128 4 First National Bank of PA One F.N. B. Boulevard Hermitage, Pennsylvania 16148 5 First National Bank of PA c/o Robert D. Kodak, Esquire 407 N Front St Fl 3 Harrisburg, Pennsylvania 17101 6 Commercial Money Center, Inc. 5646 South Majave Road Las Vegas, Nevada 89120 7 LVNV Funding, LLC. 15 South Main Street Greenville, Pennsylvania 29601 8 LVNV Funding, LLC. c/o Michael F. Ratchford, Esquire 120 N. Keyser Avenue Scranton, Pennsylvania 18504-9701 9 New Century Financial Services, Inc. 110 S. Jefferson Road Suite 104 Whippany, New Jersey 07981 10 • New Century Financial Services, Inc. c/o Ralph Gulko, Esquire 804 West Avenue Jenkintown, Pennsylvania 19046 11 Silver Spring Township Authority 31 E. Main Street ,PO BOX 1001 New Kingstown, Pennsylvania 17072-1001 12 Silver Spring Township Authority 6475 Carlisle Pike Mechanicsburg, Pennsylvania 17055 13 Borough of Camp Hill 2145 Walnut Street Camp Hill, Pennsylvania 17011 14 Borough of Camp Hill c/o Dayton Dylan Painter, Esquire 25 N. 20th Street Camp Hill, Pennsylvania 17011 15 Penn Waste, Inc. 85 Brickyard Road P.O. Box 3066 York, Pennsylvania 17402 16 Penn Waste, Inc. c/o John N. Elliott, Esquire Ream, Carr, Markey & Woloshin 119 E. Market Street York, Pennsylvania 17401 17 Tina Myers 12 East Main Street New Kingston, Pennsylvania 17072 18 Tina Myers c/o Philip C. Briganti, Esquire 74 W. Pomfret Street Carlisle, Pennsylvania 17013 19 Tenants 12 East Main Street New Kingston, Pennsylvania 17055 20 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 21 Commonwealth of Pennsylvania Inheritance Tax Office 110 North 8th Street Suite #204 Philadelphia, PA 19107 22 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 23 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 24 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 25 PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 Harrisburg PA 17128-0948 26 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales 27 United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 28 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17013 29 Tax Claim Bureau 1 Courthouse Square Carlise, PA 17013 30 Commonwealth of PA Department of Revenue Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales 31 r ' United States of America c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 32 United States of America c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 33 United States of America c/o Atty General of the United States U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 34 United States of America c/o Atty General of the United States U.S. Dept of Justice, Room. 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 35 Scott M. Amori, Esq. 513 Sarah St. Stroudsburg, Pennsylvania 18360 Total Number of Pieces Listed by Sender 3 5 Total Number of Pieces Received at Post Office Postmaster, Per (Name of receiving employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable f r the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to additional limitations for multiple pieces lost or damages in a single catastrophic occurrence. The maximum indemnity payable on Express Mail merchandise insurance is $500, but optional Express Mail Service merchandise is available for up to $5,000 to some, but not all countries. The maximum indemnity payable is $25,000 for registered mail. See Domestic Mail Manual R900, S913, and S921 for limitations of coverage on insured and COD mail. See International Mail Manual for limitations of coverage on international mail. Special handling charges apply only to Standard Mail (A) and Standard Mail (B) parcels. PS Form 3877, August 2000 Complete by Typewriter, Ink, or Ball Point Pen McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID #316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman Defendant Ei.a 2. 1 CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012-1503CIVIL AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 31st day of October, 2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129.1 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS Iq DAY OF ialoVeMBEtZ., 2014 OT! RY PUBLIC TN OF PENNSYLVANIA f NOTARIAL SEAL KAI LYN M. HADDAD, No Public City of Philadelphia. Phila. Com , .. November 22, 2017 McCABE, WEISBERG & e NWA7Y, P.C. [ BY: [ ] Terrence J. McCabe, Esq re [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff ] Marc S. Weisberg, Esquire ] argaret Gairo, Esquire Heidi R. Spivak, Esquire ] Christine L. Graham, Esquire ] Ann E. Swartz, Esquire ] Joseph I. Foley, Esquire ] Lena Kravets, Esquire McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2012-1503CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 12 East Main Street, New Kingston, Pennsylvania 17055, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Susanna B. Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 D. Theodore Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 2. Name and address of Defendants in the judgment: Name Address D. Theodore Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 Susanna B. Opperman 2812 Merion Road Camp Hill, Pennsylvania 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein First National Bank of PA c/o Robert 407 North Front Street Kodak, Esquire Harrisburg, Pennsylvania 17128 First National Bank of PA One F.N. B. Boulevard Hermitage, Pennsylvania 16148 First National Bank of PA c/o Robert 407 N Front St Fl 3 D. Kodak, Esquire Harrisburg, Pennsylvania 17101 Commercial Money Center, Inc. 5646 South Majave Road Las Vegas, Nevada 89120 LVNV Funding, LLC. 15 South Main Street Greenville, Pennsylvania 29601 LVNV Funding, LLC. c/o Michael F. 120 N. Keyser Avenue Ratchford, Esquire Scranton, Pennsylvania 18504-9701 New Century Financial Services, Inc. 110 S. Jefferson Road Suite 104 Whippany, New Jersey 07981 New Century Financial Services, Inc. 804 West Avenue c/o Ralph Gulko, Esquire Jenkintown, Pennsylvania 19046 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address Silver Spring Township Authority 31 E. Main Street ,PO BOX 1001 New Kingstown, Pennsylvania 17072-1001 Silver Spring Township Authority 6475 Carlisle Pike Mechanicsburg, Pennsylvania 17055 Borough of Camp Hill 2145 Walnut Street Camp Hill, Pennsylvania 17011 Borough of Camp Hill c/o Dayton 25 N. 20th Street Dylan Painter, Esquire Camp Hill, Pennsylvania 17011 Penn Waste, Inc. Penn Waste, Inc. c/o John N. Elliott, Esquire 85 Brickyard Road P.O. Box 3066 York, Pennsylvania 17402 Ream, Carr, Markey & Woloshin 119 E. Market Street York, Pennsylvania 17401 Tina Myers 12 East Main Street New Kingston, Pennsylvania 17072 Tina Myers c/o Philip C. Briganti, Esquire 74 W. Pomfret Street Carlisle, Pennsylvania 17013 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 12 East Main Street New Kingston, Pennsylvania 17055 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Scott M. Amori, Esq. Address 513 Sarah St. Stroudsburg, Pennsylvania 18360 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE McCABE, WEISBERG & BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Es [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff Re: M&T Bank v. D. Theodore Opperman. et al. Cumberland County; Number: 2012-1503 CI V IL NWAY, P.C. [ ] Marc S. Weisberg, Esq. [ 'Margaret Gairo, Esq. [✓f Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. q. [ ] Lena Kravets, Esq. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2012-1503CIVIL DATE: October 30, 2014 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: D. Theodore Opperman and Susanna B. Opperman PROPERTY: 12 East Main Street, New Kingston, Pennsylvania 17055 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $29,975.47 The above -captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on December 3, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. • Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 1400 Philadelphia, PA 19109' - r- Attn: DANIEL DELLAPENNA 77597 Check type of mail or service: ❑Certified ❑ Recorded Delivery (International) ❑COD ❑Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation 0 Insured Affix Stamp Here is.u.. POSTAGE>) (if issued as a i certificate of mailing, �`, ';� `m�..�IF or for additional I i;r 5++' 19109 !.i �' . ZIP02 19 W copies of this bill) 'fit 0001377494 Postmark andOCT. I Date of Receipt — _._.__ _ PITNEY 6 $ 46.800 30. '—fin— - Fee BOWES 8 2014 —.._ - Fee I _ _ _I Fee Line Article Number Addressee Name, Street and PO Address Postage Fee Handling Charge Actual Value if Registered Insured Value Due Sender if COD DC Fee -SC— Fee U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association as Trustee as successor by merger to LaSalle Bank National Association as Trustee for certificateholders of EMC Mortgage Loan Trust 2004-C, Mortgage Loan Pass -Through Certificates, Series 2004-C v. Katrina Floyd r owl 2 . �D 11Ta E 8p 'ti/ 3(;i _ . 2'i - 1 Katrina Floyd 208 Tribet Place Darby, Pennsylvania 19023 1��� 177A, PA 2 City of Philadelphia C/O Law Department 1515 Arch Department 15th Floor Philadelphia, Pennsylvania 19102 3 Philadelphia Adult Probation 1401 Arch Street Suite 1343 Philadelphia, Pennsylvania 19102 4 Philadelphia Clerk of Quarter Sessions First Judicial District 1301 Filbert Street Payment Center Philadelphia, Pennsylvania 19107 5 Philadelphia Traffic Court 800 Spring Garden Street PO BOX 12866 Philadelphia, Pennsylvania 19108 6 Commonwealth of PA Department of Labor & Industry 1400 Spring Garden Street Philadelphia, Pennsylvania 19103 7 Asset Acceptance LLC C/0 Edwin A. Abrahamsen & Associates, P.C. 1729 Pittston Avenue Scranton, Pennsylvania 18505 '8 David Lang 3704 Vale Lane .. Philadelphia , Pennsylvania 19114 9 Coomonwealth Financial Systems, Inc. 120 N. Keyser Avenue Scranton , Pennsylvania 18504 10 Colonial Credit Corporation 23046 Avenue De La Carlota Suite 600 Laguna Hills, California 92653 11 Colonial Credit Corporation Assignee of American Debt Sales 267 E. Market Street York , Pennsylvania 17403 12 Sansom Medical & Rehab 118-120 S. 52nd Street Philadelphia, Pennsylvania 19139 13 Syndicated Office Systems AKA Central Finacial Control PO BOX 809065 Dallas, Texas 75380 14 U.S. Bank National Association, as Trustee, successor in interest to Bank of America, N.A., as Trustee as successor by merger to LaSalle Bank National Association as Trustee for Certificateholders of EMC Mortgage Loan Trust 2004-C, Mortgage Loan Pass-Thro 60 Livingston Avenue St. Paul, Minnesota 55107 15 Key Federal Savings Bank One Ames Plaza Rehoboth , Delaware 19971 16 Phyllis Almeida 132 Salina Road Sewell, New Jersey 08080 17 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, Pennsylvania 17110 18 City of Philadelphia c/o Law Department 1515 Arch Street, One Parkway Philadelphia, Pennsylvania 19102 19 Volodymyr Kushnir 10624 Lockhart Road Philadelphia, Pennsylvania 19116 20 Vladimir Fuks 9984 Ferndale Street Apt B6 Philadelphia, Pennsylvania 19115 21 City of Philadelphia c/o Law Department 1515 Arch Street Philadelphia, Pennsylvania 19102-1595 22 Commonwealth of PA, City of Philadelphia Water Revenue Bureau 1515 Arch Street, 14th Floor Philadelphia, Pennsylvania 19102 23 Tenants 1528 South Etting Street Philadelphia, Pennsylvania 191460000 24 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 25 Commonwealth of Pennsylvania Inheritance Tax Office 110 North 8th Street Suite #204 Philadelphia, PA 19107 26 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 27 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 28 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 29 • PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 Harrisburg PA 17128-0948 30 , Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales 31 United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 32 Philadelphia Domestic Relations Sections Enforcement Unit Sheriff Sale Sections Room 314 34 South 11th Street Philadelphia, PA 19107 33 City of Philadelphia Dept of Revenue 1401 JFK Blvd Phila., PA 19102 Attn: Real Estate Department 34 City of Philadelphia 1515 Arch Street Philadelphia, PA 19102 35 PGW 800 West Montgomery Avenue 3rd Floor- Collections Department Philadelphia, PA 19123 36 Commonwealth of PA Department of Revenue Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales 37 United States of America c/o United States Attorney for the Eastern District of PA Tax Liens c/o United States Attorney's Office 615 Chestnut Street, Ste. 1250 Philadelphia, PA 19106 38 United States of America c/o Atty General of the United States U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 39 United States of America c/o Atty General of the United States U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Total Number of Pieces Listed by Sender 39 Total Number of Pieces Received at Post Office Postmaster, Per (Name of receiving employee) PS Form 3877, August 2000 The full declaration of value is required on all domestic and international r gistered mail. The maxim m indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is 5500 per piece subject to additional limitations for multiple pieces lost or damages in a single catastrophic occurrence. The maximum indemnity payable on Express Mail merchandise insurance is 5500, but optional Express Mail Service merchandise is available for up to 55,000 to some, but not all countries. The maximum indemnity payable is 525,000 for registered mail, See Domestic Mail Manual R900, S913, and 5921 for limitations of coverage on insured and COD mail. See International Mail Manual for limitations of coverage on international mail. Special handling charges apply only to Standard Mail (A) and Standard Mail (B) parcels. Complete by Typewriter, Ink, or Ball Point Pen McCABE, WESIBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. D. Theodore Opperman and Susanna B. Opperman Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012-1503CIVIL Notice of the Date of Continued Sheriff's Sale The Sheriffs Sale scheduled for December 3, 2014 at 10:00 A.M. in the above -captioned matter has been continued until February 4, 2015 at 10:00 A.M. Certificate of Filing On this date, a Notice of the Date of Continued Sheriff's Sale in the above -captioned matter was sent for filing with the Prothonotary of CUMBERLAND County. Certification of Service On this date, a Notice of the Date of Continued Sheriff's Sale was served by first-class mail, postage prepaid upon the following: D. Theodore Opperman Susanna B. Opperman 2812 Merion Road Camp Hill, Pennsylvania, 17011 Date: McCABE, WEISBE BY: [ ] Terren [ ] Edward D. C w. , sq. [ ] AndrewA • owitz, Esq. [ ] isa ohen, Esq. Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff Scott M. Amori, Esq. Amori & Associates, LLC 513 Sarah St. Stroudsburg, PA 18360 ] Marc S. Weisberg, Esq. ] Margaret Gairo, Esq. 1 Heidi R. Spivak, Esq. ] Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Lena Kravets, Esquire