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Home My WebLink About13-1344 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny 1' �i)-o R Anderson � C Sheriff PfiOTH01i Jody S Smith � ZQ13 PAR 26 Chief Deputy Q� CUMBERLAND Richard W Stewart ° t�vtj1,J Solicitor OFFICE OF THE SHERIF= PENNSYLVANIA Citizens Bank of Pennsylvania Case Number vs. Mark D Weist(et al.) 2013-1344 SHERIFF'S RETURN OF SERVICE 03/25/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Mark D Weist, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 529 Burgners Road, Lower Frankford Twp, Carlisle, PA 17013. There is an abandoned garage at this address,the residence is no longer there and the Carlisle Postmaster was unable to provide a forwarding address for the defendant. 03/25/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Beth A Weist, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 529 Burgners Road, Lower Frankford Twp, Carlisle, PA 17013.There is an abandoned garage at this address,the residence is no longer there and the Carlisle Postmaster was unable to provide a forwarding address for the defendant. SHERIFF COST: $60.00 SO ANSWERS, March 25, 2013 RbNW R ANDERSON, SHERIFF )c)CountySuite Sheriff.Teieosoff Inc. - F LAW OFFICES OF GREGORY JAVARDIAN FILED-OF-FI E GREGORY JAVARDIAN, ESQUIRE Id.No. 55669 ()F THE PROTHONOTAR y MARY F. KENNEDY,ESQUIRE Id.No. 77149 MEGHAN K. BOYLE,ESQUIRE Id.No. 201661 3 JUN 20 Aft 1O: 06 SEAN P. MAYS, ESQUIRE Id No. 307518 RICHARD J.NALBANDIAN, III,ESQUIRE Id No. 312653 CUMBERLAND COUNTY 1310 INDUSTRIAL BOULEVARD PENNSYLVANIA 1 ST FLOOR, SUITE 101 SOUTHAMPTON,PA 18966 (215)942-9690 ATTORNEY FOR PLAINTIFF CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY MARK D. WEIST BETH A. WEIST DEFENDANTS NO. 13-1344 CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE COURT: Kindly reinstate the Complaint in Mortgage Foreclosure for an additional thirty (30) days. LAW OFFICES OF GREGORY JAVARDIAN DATE: BY: C6rego JavCA quire Id.No. 55669 ❑Mary . Kennuire Id. No. 77149❑Meghan K. B , uire Id. No. 201661 ❑Sean P. Mays, Esquire Id. No. 307518 ❑Richard J.Nalbandian, III, Esquire Id. No. 312653 Attorneys for Plaintiff C Lit {00015119} SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff OF THE PROTHIONOTAR Jody S Smith Chief Deputy 2013 JUN 26 PM .24 [ 1 Richard W Stewart CUMBERLAND COUNTY Solicitor OFFCE OF THE SHERIFP PENNSYLVANIA Citizens Bank of Pennsylvania vs. Case Number Mark D Weist(et al.) 2013-1344) I SHERIFF'S RETURN OF SERVICE 0612412013 06:03 PM-Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Mark D Weist at 720 N. Middleton Road, North Middleton, Carlisle, PA 17013. NOAH CLINE, DEPUTY 06124/2013 06:03 PM-Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Beth A Weist at 720 N. Middleton Road, North Middleton, Carlisle, PA 17013. NOAH CLINE, DEPUTY SHERIFF COST: $50.78 SO ANSWERS, (�Z a June 25, 2013 RbNW R ANDERSON, SHERIFF (c)CountySufte She0r,Toleosofl,Inc, July 29, 2013 PLAINTIFF CITIZENS BANK OF PENNSYLVANIA In The Court of Common Pleas Cumberland County No. 13-1344 CIVIL �a DEFENDANTS cz; rt7 f" m. MARK D. WEIST BETH A. WEIST 720 N. MIDDLETON ROAD r�, CARLISLE, PA 17013 - ' ANSWER We, Mark D. Weist and Beth A. Weist, do object the claims set forth against us. We purchased the ground at 529 Burgners Road on October 29th, 2012. We used the seller's settlement service, (Salzmann & Hughes) because they already had all the information. A title search was done and we have a paper stating there is no judgments, liens, mortgages, etc. against the ground. We also purchased title insurance through Stewart Title Company just in case something would come up. In April, 2013, we received a phone call from the law office of Greg Javardian stating we had a back mortgage of $37,000 on the ground we now own. We immediately contacted the seller Jon Collins & Salzmann & Hughes to notify them of the mortgage, so they could take care of it since it was their mistake. Attorney, Jim Hughes assured us that he and the seller Jon Collins would get it paid off right away being that they both verbally told us after we received the phone call from the office of Greg Javardian, they knew about the mortgage but since the fire in January, 2011, they assumed insurance covered the remaining balance of the mortgage. We were never told about the mortgage or that there was a possibility of a mortgage prior to settlement on the ground. On June 24th, 2013, the County Sherriff came to our home to serve us with foreclosure papers on the ground. The papers stated we had 20 days to act upon the foreclosure. We again contacted the seller Jon Collins & Attorney Jim Hughes immediately to find out why we were served the foreclosure papers since they told us they would pay it off right away. We also took the foreclosure papers to a lawyer right away. The lawyer, (Mark Allshouse) looked everything over and said, "Attorney Jim Hughes seems to be taking care of everything just fine so I'm not going to step on his toes or get involved. I will just let him finish getting it taken care of'. We were not happy with his answer at all so we proceeded to contact the title insurance company. We sent all the paperwork to them a week later. They told us we have all the qualifications for them to submit a claim and pay off the mortgage with our insurance we purchased at settlement, but because Attorney Jim Hughes seems to have a good handle on everything and he has been in contact with Greg Javardian they also are not going to step in and pay the mortgage off. On Thursday July 25`", 2013, we received two letters from Greg Javardian stating we are in default for not taking any action upon the foreclosure notice and we have 10 days to set up a court hearing or we forfeit all rights to our ground and it will be foreclosed on immediately to satisfy the mortgage. On Sunday July 28th, 2013, we talked to the seller, Jon Collins and he told us Attorney Jim Hughes notified him on July 16th, 2013, and told him he had a verbal agreement with Citizens Bank that they would except the offer of $25,000 from the seller Jon Collins to pay off the mortgage. Jon Collins took a cashiers check to Attorney Jim Hughes immediately in the amount of $25,000. We also received a copy of the check. We talked to Attorney Jim Hughes that same day and he told us that Jon Collins did give the check to him to pay off the mortgage and he called the bank and told them that he had a $25,000 check in his possession to give them to satisfy the mortgage and it better be enough because that is all they are getting. He also said he was waiting to hear from the bank to find out if they would except the check and offer of $25,000 to satisfy the mortgage. In our defense, we have done everything we were asked to do. We contacted Salzmann & Hughes immediately, we contacted Jon Collins immediately, we contacted Stewart Title Insurance immediately, & we contacted a lawyer immediately. We have been turned down and lied to at every corner. The mortgage is not ours, the people it belongs to are both dead and the previous owner Jon Collins had a verbal agreement with them that he would take control and make all payments of the mortgage till it was paid off in exchange of letting them rent the place from him after he (Jon) purchased the ground from them in 2009. As stated before, Jon Collins wrote a check for $25,000 to pay off the mortgage. We have talked to him countless times through the last 4 months this has been going on and he is willing to pay the mortgage off, it just seems like Attorney Jim Hughes wants it to get foreclosed on and none of us know why. iwo-666:-t. e2 c2,0 Mark D. Weist Date: 7/29/2013 R0/3 Beth A. Weist Date: 7/29/2013 s ' OME 313 087612 •0 BOX LT SO z■Irr IIS.Ol6. PA 312S' ORDER WPDTHE PA Real Estate SettI a nt Services $ 2s .c} ***UM Tim File Thos aid 1® DOLLARS' CASHIER'S _ CHECK V010 AFTER 6 MONTHS Remitter /I:,r1r fitatiA rat�: IP 1 f it ,: AvAIA . 00876i20' -':0313&5O3P: LO3 00"4602 LAW OFFICES OF GREGORY JAVARDIAN of �t I LE -OFF!CE GREGORY JAVARDIAN, ESQUIRE Id.No. 55669 MARY F. KENNEDY,ESQUIRE Id.No. 77149 2013 SEP 18 AM 11-' S$ MEGHAN K.BOYLE, ESQUIRE Id.No. 201661 SEAN P.MAYS, ESQUIRE Id No. 307518 CUMBERLAND COUNTY 1310 INDUSTRIAL BOULEVARD PENNSYLVANIA 11T FLOOR, SUITE 101 SOUTHAMPTON,PA 18966 (215)942-9690 ATTORNEY FOR PLAINTIFF CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY MARK D. WEIST BETH A. WEIST DEFENDANTS NO. 13-1344 CIVIL PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly marked the above captioned matter discontinued and ended, without prejudice. LAW OFF ES IZ GO R JAVARDIAN DATE: / / BY: ❑Greggiy Javardian, squire t1- 5669 ❑Mary� Kennedy, squire Id. No. 77149 ❑Meghan K. Boy e, Esquire Id. No. 201661 Sean P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff