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IN RE ROCHE

Bankruptcy No. 5-97-02451, Adversary No. 5-97-00336A.

228 B.R. 102 (1998)

In re Edward T. ROCHE and Dolores J. Roche, Debtors. Edward T. Roche and Dolores J. Roche, Plaintiffs, v. Franklin First Federal Savings Bank and Charles J. Dehart, III, Esq., Chapter 13 Trustee, Defendants.

United States Bankruptcy Court, M.D. Pennsylvania, Wilkes-Barre Division.

December 18, 1998.

Attorney(s) appearing for the Case

Joseph Murray, Wilkes-Barre, PA, for debtors/plaintiffs.

Ernest Sposto, Rosenn, Jenkins & Greenwald, Wilkes-Barre, PA, for defendant.

Charles J. DeHart, III, Chapter 13 Trustee, Hummelstown, PA.

OPINION

JOHN J. THOMAS, Bankruptcy Judge.

The parties have attempted to simplify the issue before me by stipulating that the undisputed facts can be culled from a review of the Statement of Material Facts submitted by the Defendant, Franklin First Federal Savings Bank, now by merger Manufacturers and Traders Trust Company, ("Bank"), filed September 2, 1998, and the Plaintiffs' Response filed October 8, 1998...

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