Thursday, October 30, 2008

Superior Court - DONALD J. WEISS & ASSOCIATES, P.C. v. DONALD TULLOCH, III and LINDA TULLOCH, h/w

DONALD J. WEISS & ASSOCIATES, P.C. v. DONALD TULLOCH, III and LINDA TULLOCH, h/w
No. 553 EDA 2008 2008 PA Super 259 Atlantic: 961 A.2d 862 Petition for Reargument Denied 12/23/2008 Filed: 10/30/2008

Appeal from the Judgment of January 29, 2008,
in the Court of Common Pleas of Delaware County,
Civil Division at No. 05-51891
Before: PANELLA, DONOHUE and COLVILLE, JJ.
Opinion by: COLVILLE, J.
Donald and Linda Tulloch (“the Tullochs”) appeal the judgment entered in favor of Donald Weiss & Associates, P.C. (“Weiss”) in mortgage foreclosure. The issues are: (1) whether the trial court erred by not finding the mortgage held by Weiss to be illegal and thus unenforceable against the Tullochs and (2) whether the trial court erred by failing to find that the debt underlying the mortgage in question had been paid. We vacate and remand.
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