Loading...
HomeMy WebLinkAbout14-2925 For Prothonotary Use Only. S�up�re.m�e: ,G ur-t--o_ Pe nns Ivania. Co urt f 11,o r; nr q.,l: P Iea s �I:yCo�r�e Set. Docket No. erland Counly The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service of leadin s or other papers as required by law or rules of court. Commencement of Action: S ®Complaint ❑ Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name:M&T Bank Lead Defendant's Name:Martin Weller T I Are there money damages requested? ❑ Yes N No Dollar Amount Requested: ❑within arbitration limits Q (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes N No Is this an MDJAppeal? ❑ Yes ® No j A Name of Plaintiff/Appellant's Attorney:McCabe,Weisberg&Conway,P.C. } ❑ Check here if you have no attorney(a Self-Represented [Pro Se]Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection: Other ❑ Board of Elections ❑Nuisance ❑ Department of Transportation ❑Premises Liability(does not include ❑ Statutory Appeal:Other S mass tort) E C1Slander/Libel/Defamation ❑Employment Dispute: ❑Other: Discrimination C ❑Employment Dispute: Other ❑Zoning Board T ❑ Other I O ❑ Other N MASS TORT ❑Asbestos ❑Tobacco i ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS � B ❑Toxic Waste ❑Other: ❑Ejectment 11Common Law/Statutory Arbitration ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin ❑ Legal ❑Quiet Title ❑Other: ❑Medical ❑Other: ❑Other Professional: Updated 1/1/2011 r !' McCABE,WEISBERG& CONWAY,P.C. Attorneys for Plaintiff 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 1. FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 M&T Bank Cumberland County One Fountain Plaza Court of Common Pleas Buffalo,NY 14203 Number V. Martin Weller 58 Feaster Road Chambersburg,PA 17202 and Diana Weller 58 Feaster Road Chambersburg,PA 17202 COMPLAINT IN MORTGAGE FORECLOSURE 0 3 os O;t File 76185 Page l NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en ]a corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within ex-puestas en las paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dias de plazo al partir de la notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff. You demandante y requiere que usted cumpla con may lose money or property or other rights todas las provisiones de esta demanda. Usted important to you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR PAPEL A SU ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE.SI USTED NO TIENE BELOW. THIS OFFICE CAN PROVIDE A UN ABOGADO, VA A O TELEFONEA YOU WITH INFORMATION ABOUT LA OFICINA EXPUSO ABAJO. ESTA HIRING A LAWYER. OFICINA LO PUEDE PROPORCIONAR IF YOU CANNOT AFFORD TO CON INFORMATION ACERCA DE HIRE A LAWYER,THIS OFFICE MAY BE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH SI USTED NO PUEDE INFORMATION ABOUT AGENCIES THAT PROPORCIONAR PARA EMPLEAR UN MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, PA 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990-9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 File#76185 Page 2 This is a communication from a delft collector who is attempting to collect a debt, and any information obtained will be used for that purpose. Please Note: (1) unless,within thirty (30)days after your receipt of this notice,you dispute the validity of the debt, or any portion of the debt,we will assume that the debt is valid; (2) if you notify us in writing within thirty (30) clays of your receipt of this notice that the debt, or a portion of the debt, is disputed,we will cease collection of the debt until we obtain verification of the debt or a copy of the judgment against you and mail to you a copy of the verification or judgment that we obtain; (3) upon your written request to us within thirty (30) days of your receipt of this notice for the name and address of the original creditor of your debt,we will cease collection of the debt until we mail to you the name and address of the original creditor, if different from the current creditor. Case Name: M&T Bank v. Martin Weller and Diana Weller Cumberland County File#76185 Page 3 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T Bank,duly organized and doing business at the above-captioned address. 2. The Defendant is Martin Weller, who is an owner of the mortgaged property hereinafter described,whose last-known address is 58 Feaster Road, Chambersburg,PA 17202. 3. The Defendant is Diana Weller, who is an owner of the mortgaged property hereinafter described,whose last-known address is 58 Feaster Road, Chambersburg,PA 17202. 4. On February 28, 2003, Mary E. Ott and Charles L. Ott, mortgagors, made, executed and delivered a mortgage upon the premises hereinafter described to Manufacturers and Traders Trust Company which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1800, Page 2613(the"Mortgage"),such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa.R. C. P. 5. On February 28, 2003,Mary E. Ott and Charles L. Ott, also executed an Adjustable Rate Note secured by the aforementioned mortgage. Plaintiff,directly or through an agent,is in possession of the note and is the holder of the note with the right to enforce it;the note is either made payable to plaintiff or has been duly endorsed. 6. Pursuant to Restated Organization Certificate of Manufacturers and Traders Trust Company executed on July 6,2004,Manufacturers and Traders Trust Company is also known as M&T Bank,Plaintiff herein. 7. By Quitclaim Deed made on the day of January 9, 2007, Charles L. Ott and Mary E. Ott remised,released,and quit-claimed unto The Ott Family Trust the mortgaged property hereinafter described, which Quitclaim Deed is recorded in the Office of the Recorder of Cumberland County in Book 278,Page 3482, such Quitclaim Deed being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C.P. 8. On January 14,2011, Charles L. Ott departed this life. 9. On May 13,2011,Mary E.Ott departed this life. Letters Testamentary were granted unto File#76185 Page 4 Andrew Glenn Naugle,Executor of the Estate of Mary E. Ott,Deceased Mortgagor and Real Owner. 10. On September 19,2013,the Tax Claim Bureau of Cumberland County,Pennsylvania sold the mortgaged property hereinafter described to Martin Weller and Diana Weller by Upset Price Sale,under and by virtue of the Act of 1947 PL 1368(Real Estate Tax Sale Law). 11. By Tax Claim Bureau Deed made on November 13, 2013, the Tax Claim Bureau of Cumberland County, Pennsylvania, Trustee granted and conveyed the mortgaged property hereinafter described to Martin Weller and Diana Weller,which Tax Claim Bureau Deed is recorded in the Office of the Recorder of Cumberland County as Instrument Number 201336922,such Tax Claim Bureau Deed being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C. P. 12. The premises subject to said mortgage is described in the legal description attached as Exhibit"A" and is known as 33 Scrafford Street, Southampton,Pennsylvania 17257. 13. The mortgage is in default because monthly payments of principal and interest upon said mortgage due May 29, 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. 14. The following amounts are due on the mortgage: Principal Balance $ 59,415.57 Interest through March 14,2014 $ 5,676.49 (Interest due and owing at a variable rate,currently$5.29 per diem) Late Charges $ 172.23 Attorney's Fee $ 1,650.00 Broker Priced Opinion(BPO)Fees $ 505.00 Property Inspection Fees $ 210.00 Property Preservation Fees $ 1,240.00 GRAND TOTAL $ 68,869.29 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. File#76185 Page 5 15. Plaintiff complied with all notice requirements as prescribed by 41 P.S. §101, et seq. (Act 6), and 35 P.S. 1680.401 c,et seq. (Act 91),as applicable. WHEREFORE,Plaintiff demands in rem Judgment against the Defendants in the sum of$68,869.29, together with interest due and owing at a variable rate,currently$5.29 per diem, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE,WEISBERG& CON W ,P.C. BY: [ ]Terrence J. a e, uire [ ]Marc S.Weisberg,Esquire [ ]Edward D. Conway, quire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ]Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ] Celine P.DerKrikorian,Esquire [)q Jennifer L.Wunder,Esquire [ ]Lena Kravets,Esquire Attorneys for Plaintiff File#76185 Page 6 VERIFICATION Corinne A. Stein , hereby states that he/she is Banking Officer ofM&T Bank, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements of fact made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Corinne A. Stein DATE: Title: Banking Officer File#: 76185 Name: M&T Bank v.Martin Weller and Diana Weller File#76185 . Page 7 Exhibit "A" ....................... ...........................................- ............. .......... ... ............ .............. ............................. ALL that certain lot of lt%n4 dituate In the Tcrvnshtp of southazpt6p, County of cumberLatid and Commonwealth of Pevnoylvanict, bounded ajtA doacribed as fallowus, to w� t BBGXNNXWG at a btbkd Oh lift 6f; LOt HO. 16, now r f ormorly a Ra1ph A, Scratford; thentO alOtq tha northerly side of a 40 ;F.00t 'Wa r Wg -tat known an Scrafr-ord trust, Forth dogreat 30 B , e Minuto X6 on aPl * tagt, & dtatance of 60 f0ft to Lot N6, aid anti tan north 22 angrees 30 minmtop Noat, ajanq the dividng line between f L by Godearan land, OtL�t Ift1g. �7 and 18, tt diatance of 118443 :Coot to jalid now or MAJ4 ormerly or 9. W. 404PATO theh*# south 67 4agreas 30 minUttd WINstp 5 distAhC& 09 60 fdat to tOOt '0, 166 Oh vald plana thencA hiL*ncj PAid Lbt No# list Uouth 22 degrees 30 rLhUt" East, a dlatAncd OC IXG. 43 foot to Saraftor4 Street, the v1*00 of 5WMING, 52TNO Lot No. X71 in the Plan Of LOU in Moutharptan Township, ciinloorland County,* 'PimnaYlvaniat laid aut for Ralph A. SarAftarde pursuant 4--a property Bur *f W.)4. vasiox, R.V.rz. , 2228, and lot r*eorin I*yout by j*bd44 Plan Book No* Rn H. Athertot, .PT. Page 18, H&VING thereon oroctoO one and unet-nAlf story frame dwollinq Uouse. Exhibit "All ............ ........................................................ ................................ ................... ................ ....................................... ....................................... ........... ALL theAt certain 1Qt Qf ltmd 1L�Ltuate in the Tcmmshlp of soLithatimpton, County of cumbetlAitid and Comonwealth of Peilnoylvania, boiatd64 wid dascribed as followo, to Wit% Lot NO. 16, now or f arxerly a BEOXNNXNG at a btbkd On 1164 6f, Ralph A. Savatfordf- thenft alOtj tha northerly sido of a 40 Root vjda street xnawn an scratrard Strout; North 67 dtgraaa 30 zintitAm frit", a 4tatanca of so feet t* Lat No* Is on gAid Plan thenoo th degrees 30 MiftVtOA ftdt, along the 4ividing line between . norZZ Loth ., t7 and 1 A diatance of 118443 foot to latid naw or 8,,140A ab holra#- thetoo by cAJ4 Goosaman lana, formerly at 9. W. 044"da South 47 4&grees 30 Miffiftfbd WAStr is &staftcaa of do ftet to Lot Ito. �61 oh vaid Plan; thence Aj*nq AAjd Lot fto 3.6. South 22 degrees 30 nast, a dinton-oft DC 1.X2.43 foot to Scraftord Street, the vlaq* of DICIffox"G, Utharptan Townsbip,TRO L*t No. 17, in the Plu of Lotg in Bou un)wland Countyj PMnnylvaria, laid taut` for Ralph A. 9arngtordi rssic�k' R.P.A. ? 22280 and lot ursuant to property survoy of T P J*yout by J*bn H. Athertoto 1 26024 toeord.Ad in Plan Book NO* 5, Page lei -n4tlf! story fralme dwollinq HAVING thereon imroct,*O PA crop and goo house. FORM 1 r M&T.Bank IN THE COURT OF COMMON.PLEAS (Of— Plaintiff CUMBERLAND COUNTY,PENNSYLV� A vs. Martin Weller and.Diana Weller Civil .� } Defendants �- `; NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference.First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE.THIS PROGRAM IS FREE. Respectfully submitted: Ll 0�� Date [Si re k Counsel for Plaintiff] 76185 Page 1 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOM . . APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑No❑ Listing date: Price$ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑No❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? CO-BORROWER Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount$ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑No 0 If yes,provide names,location of court,case number&attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop.payment Install.Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care/Twit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes❑No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes❑No❑ If yes,please indicate the status of those negotiations: Please provide the following information,if known,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obiligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation(hardship letter) Listing agreement(if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ✓ t i Richard W Stewart Solicitor OFFICE OF FhF, SHERIFF r )L THE RO THO,' JUN 17 Pt1 : O S CUMBERLAND CIOUNT'i PENNSYLVANIA M&T Bank vs. Martin Weller (et al.) Case Number 2014-2925 SHERIFF'S RETURN OF SERVICE 05/15/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Martin Weller, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 05/15/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Diana Weller, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 05/19/2014 02:30 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Martin Weller, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 33 Scrafford Street, Southampton, Shippensburg, PA 17257. Residence is vacant. 05/19/2014 02:30 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Diana Weller, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 33 Scrafford Street, Southampton, Shippensburg, PA 17257. Residence is vacant. 05/30/2014 02:10 PM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Franklin County upon Diana Weller, who accepted for Martin Weller, at 58 Feaster Road, Chambersburg, PA 17202. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. 05/30/2014 02:10 PM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Franklin County upon Diana Weller, personally, at 58 Feaster Road, Chambersburg, PA 17202. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $95.60 SO ANSWERS, June 12, 2014 (c) Cou^tySuite Sheriff, Teleosoff. RONNY R ANDERSON, SHERIFF SHERIFF'S RETURN - REGULAR , CASE NO: 2014-00126 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN M AND T BANK VS MARTIN AND DIANA WELLER JONATHAN NALEWAK , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE was served upon WELLER MARTIN the DEFENDANT , at 1410:00 Hour, on the 30th day of May , 2014 at 58 FEASTER ROAD CHAMBERSBURG, PA 17201 by handing to DIANA WELLER a true and attested copy of COMP MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and Subscribed to before me this So Answers: JONATHAN NALEWAK By D uty Sheriff 06/05/2014 MCCABE WEISBERG AND CONWAY —L& day of COMMONWEALTH OF PENNSYLVANIA am A.D. Notary NOTARIAL SEAL. RICHARD D. McCARTY, Notary Public Chambersburg Bora., Franklin County My Commission Expires Jan, 29, 2015 SHERIFF'S RETURN - REGULAR CASE NO: 2014-00126 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN M AND T BANK VS MARTIN AND DIANA WELLER JONATHAN NALEWAK , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE WELLER DIANA the DEFENDANT , at 1410:00 Hour, on the 30th day of May , 2014 at 58 FEASTER ROAD CHAMBERSBURG, PA 17201 by handing to was served upon DIANA WELLER a true and attested copy of COMP MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 Sworn and Subscribed to before me this 5, day of A.D. Notary So Answers: JONATHAN NALEWAK By '°Nvw , Desuty Sheriff 06/05/2014 MCCABE WEISBERG AND CONWAY COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2015 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. Martin Weller and Diana Weller Defendants TO THE PROTHONOTARY: CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 14-2925 PRAECIPE 761.5- ® Please mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled, Discontinued and Ended. ❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. DATE: to/ii.f/1 McCABE, WEISBj AND CONWA BY: [ ] Terrence J. McCabe, Esq. Marc S. Weisberg, Esq. [ ] Edward D. Conway, Esq. ] Margaret Gairo, Esq. Ai drew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. r ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. [ ] Carol A. DiPrinzio, Esq. 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 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 # 31.6094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. Martin Weller and Diana Weller Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 14-2925 CERTIFICATE OF SERVICE The undersigned Attorney for Plaintiff, hereby certifies that a true and correct copy of the within Praecipe was CT served on the below persons by regular first class mail, postage prepaid, on the /J day of October, 2014. Martin Weller Diana Weller 58 Feaster Rd Chambersburg, Pennsylvania 17202 /C//y DATE: McCABE, WEISBE 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. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff CONWAY, P.C. ,410 ] arc S. Weisberg, Esq. argaret Gairo, Esq. Heidi R. Spivak, Esq. Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Lena Kravets, Esq.