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Home My WebLink About10-2551ti Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 1,Weetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. CRAIG K. ROSS TAMMIE K. ROSS 1183 KINGSLEY ROAD CAMP HILL, PA 17011-6113 Defendants r G 'I?.1f? Gig a, 1?fii)?APY 2010 APR 19 PM 3: 37 ui,: C : ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10-o1551 a-vit7e-roi CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE CS) ATIY 4190q.00 P6 Cd IV-,%A Oay075(, 235874 File #: 235874 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 BEABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 235874 Plaintiff is BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: CRAIG K. ROSS TAMMIE K. ROSS 1183 KINGSLEY ROAD CAMP HILL, PA 17011-6113 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/19/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1980, Page 3025. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File k: 235874 6. The following amounts are due on the mortgage: Principal Balance $134,040.54 Interest $5,574.76 09/01/2009 through 04/14/2010 (Per Diem $24.6671) Attorney's Fees $650.00 Cumulative Late Charges $274.44 01/19/2007 to 04/14/2010 Costs of Suit and Title Search $550.00 Escrow Deficit $260.32 TOTAL $141,350.06 7. 9. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 235874 s WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $141,350.06, together with interest from 04/14/2010 at the rate of $24.6671 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? Lawrence T. Phelan, s ., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 dith T. Romano, Esq., Id. No. PSeetal 58745 R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 235874 s LEGAL DESCRIPTION ALL THAT CERTAIN tract or land situate, lying and being in Lower Allen Township, Cumberland County, Pennsylvania, and being described in accordance with a survey and plan dated November 15, 1962, by D.P. Raffensperger, R.S., Camp Hill, Pennsylvania and as follows, to wit: BEGINNING at a point on the western line of Kingsley Road, 133.98 feet in a northerly direction from the northern line of Norman Road on the northern line of Lot No. 9 on the hereinafter mentioned Plan of Lots; thence along the northern line of Lot No. 9, South 66 degrees 14 minutes West, 164.94 feet to a point on the eastern line of Lot No. 13; thence along the eastern line of Lot No. 13, North 38 degrees 14 minutes West, 38.37 feet to a point on the southern line of Lot No. 12; thence along the southern line of Lot No. 12 and 11, North 60 degrees 29 minutes East, 164.82 feet to a point on the western line of Kingsley Road; thence along the western line of Kingsley Road by the curve to the right having a radius of 143.69 feet. BEING Lot No. 10, Block'T', Plan of Highland Park, recorded in Plan Book 5, Page 39. HAVING THEREON ERECTED a dwelling known and numbered as 1183 Kingsley Road. PROPERTY ADDRESS: 1183 KINGSLEY ROAD, CAMP HILL, PA 17011-6113 PARCEL # 13-23-0545-158 File #: 235874 .. VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: L41 1 S41 Attorney for Plaintiff File #: 235874 f1LL-~,~-a r ~r Y't-~~' ~. ~,. lr~ ARMY 2d(0?~~~ 17 P~~ 2~ 23 CU~~ ,w ~~~~JrJ~Y Vic' i~v`~'f~ ~~~.~. ~ ~ z. r-!~ v; PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 BAC Home Loans Servicing, L.P. Plaintiff vs. Craig K. Ross Tammie K. Ross Defendants Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland County CIVIL DIVISION No. 10-2551 CIVIL PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Plaintiff, BAC Home Loans Servicing, L.P., by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendants, Craig K. Ross and Tammie K. Ross, and in support thereof, states as follows: 10. Paragraphs 1 through 9 of Plaintiff s Complaint in Mortgage Foreclosure are set forth at length herein. 11. Denied. The averment of paragraph 11 contains a conclusion of law to which no response is necessary. To the extent that a response is required, until Plaintiff has reviewed the Defendants' application for any modification program, eligibility cannot be determined. Strict proof to the contrary is demanded. 12. Denied the averment of paragraph 12 contains a conclusion of law to which no response is necessary. To the extent that a response is required, the guidelines for the Home Affordable Modification Program speak for themselves and to date, Plaintiff s counsel has not been advised that any application has been submitted. At the time an application is submitted, Plaintiff will review and determine whether or not it should proceed with its foreclosure action. 13. Denied. Plaintiffs counsel is without information or knowledge sufficient to form a belief as to the truth of the within averment. By way of further response, Defendant did not include a copy of the alleged application package to their Answer with New Matter. 14. Plaintiff incorporates paragraphs 1 through 9 of its Complaint in paragraphs 10-13 of its reply to Defendant's New Matter above, as set forth herein at length. 15. Denied. The averment of paragraph 15 contains a conclusion of law to which no response is necessary. To the extent that a response is required, Plaintiffs counsel is without information or knowledge to form a belief as to the truth that Defendants allegations that they have applied for or eligible for the Home Affordable Modification Program. Strict proof to the contrary is demanded. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiff s Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: ~ ~ 3 ~ By: sep P chalk, squire Atto ey or Plaintiff VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: S ~ o By: \. os h Schalk, Esq Att ey for Plaintiff 126 ocust Street H sburg, PA 17101 5) 563-7000 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 BAC Home Loans Servicing, L.P. Plaintiff vs. Craig K. Ross Tammie K. Ross Defendants Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland County CIVIL DIVISION No. 10-2551 CIVIL CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff s Reply to Defendants' New Matter was sent via first class mail to the person listed below on the date indicated: Geoffrey M. Biringer, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Date: V By: Schalk, Esquire for Plaintiff C 04 C4- ! ? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE BAC Home Loans Servicing, L.P. 7105 Corporate Drive Plano, TX 75024 VS. Craig K. Ross Tammie K. Ross 1183 Kingsley Road Camp Hill, PA 17011-6113 No. 2551 Civil 20 10 2 State matter to be argued: Motion for Summary Judgment Identify counsel who will argue case: (a) Joseph P. Schalk, Esquire Phelan Hallinan & Schmieg, LLP 126 Locust Street Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1549 (b) Geoffrey M. Biringer, Esquire Midpenn Legal Services 401 E. Louther Street Carlisle, PA 17013 3. 4. Date: I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: October 6, 2010 .. , PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 BAC Home Loans Servicing, L.P. 7105 Corporate Drive Plano, TX 75024 Plaintiff V. Craig K. Ross Tammie K. Ross 1183 Kingsley Road Camp Hill, PA 17011-6113 Defendants Brief in Support thereof were sent via first class mail to the persons on the date listed below: CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment and PM' .z38 doin ?' t3 ,?. ?u i' . Attorney for Plaintiff : Court of Common Pleas : Civil Division : No. 10-2551 CIVIL : Cumberland County Geoffrey M. Biringer, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Date: tv By: I4halk, Esquire for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 BAC Home Loans Servicing, L.P. 7105 Corporate Drive Plano, TX 75024 Plaintiff v. A"& 12 oin a.' 38 Attorney for Plaintiff : Court of Common Pleas : Civil Division : No. 10-2551 CIVIL Craig K. Ross Cumberland County Tammie K. Ross 1183 Kingsley Road Camp Hill, PA 17011-6113 Defendants MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendants, Craig K. Ross and Tammie K. Ross, have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. d3 5-S -7 q ,I 4. In their Answer, Defendants generally deny paragraphs five (5) and six (6) of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint, Defendants' Answer and New Matter, and Plaintiffs Reply to New Matter are attached hereto, incorporated herein by reference, and marked as Exhibits C, D and E, respectively. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1980, Page 3025, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit A I. 6. By Assignment of Mortgage recorded June 2, 2010, the Mortgage was assigned to BAC Home Loans Servicing, L.P., which Assignment is recorded in Assignment of Mortgage Instrument No. 201014199. A true and correct copy of the Assignment to BAC Home Loans Servicing, L.P. is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 7. The Mortgage is due for the October 1, 2009 payment, a period in excess of ten (10) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 8. Defendants' default is also evidenced by Plaintiffs loan history, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit G. 9. The last payment applied to the Defendants' mortgage was on or around February 8, 2010. Plaintiff applied this payment to Defendants' account for the delinquent September 1, 2009 payment, as is evidenced by the attached loan history on Defendants' account (see Exhibit G). Defendants did not tender another payment and the account remains due and owing for the October 1, 2009 payment. Plaintiff has not received any payments after that date. Furthermore, ,f Defendants have not provided proof of any payments they might have made. 10. Plaintiff has complied with Act 6 of 1974 as it appropriately notified Defendants of its intent to foreclose under the Mortgage and afforded Defendants 30 days to cure the arrearage before commencing its foreclosure action. A true and correct copy of the Act 6 notice with proof of mailing obtained from the United States Postal Service website is attached hereto, incorporated herein by reference, and marked as Exhibit F. 11. Defendants are not eligible for the Homeowners' Emergency Mortgage Assistance Program, Act 91 of 1983, because the Mortgage is insured by the Federal Housing Authority. 35 P.S. § 1680.401 c(a)(3). Nevertheless, Plaintiff sent Defendants notice pursuant to Act 91 of 1983. True and correct copies of the Notice of Homeowner's Emergency Mortgage Assistance Program with proof of mailing obtained from the United States Postal Service website are attached hereto, made part hereof, and marked as Exhibit F. 12. Defendants allege in their pleadings that they are eligible under the Home Affordable Modification Program and must be reviewed for a loan modification. Plaintiff does not deny this allegation. Plaintiff reviewed Defendants for a loan modification, and denied Defendants on or around March 5, 2010 due to Defendants failure to return the necessary documentation for review. A true and correct copy of Plaintiff s collection notes on Defendants' loan are attached hereto, made part hereof, and marked Exhibit H. 13. Furthermore, Defendants were denied on or around July 1, 2010 due to their inability to afford a loan modification, as evidenced by Plaintiff s collection notes on Defendants' loan (see Exhibit H). 14. Defendants have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiffs Complaint 15. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. 16. Defendants have the right to reinstate and/or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint in support of the Motion for Summary Judgment, for foreclosure and sale of the mortgaged property. Date: Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP k Tr PENN?IA PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 BAC Home Loans Servicing, L.P. 7105 Corporate Drive Plano, TX 75024 : Civil Division V. Plaintiff Attorney for Plaintiff : Court of Common. Pleas : No. 10-2551 CIVIL Craig K. Ross Tammie K. Ross 1183 Kingsley Road Camp Hill, PA 17011-6113 : Cumberland County PRAECIPE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion for Summary Judgment tiled on or about August 10, 2010 without prejudice. DATE: L?L7 l Respectfully submitted, AN HALLINAN 4 S BY: Keph r. SdJalk, Esqui Attorn vs for Plaintiff LLP 235874 PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 BAC Home Loans Servicing, L.P. 7105 Corporate Drive Plano, TX 75024 V. Plaintiff Craig K. Ross Tammie K. Ross 1183 Kingsley Road Camp Hill, PA 17011-6113 Attorney for Plaintiff : Court of Common Pleas : Civil Division : No. 10-2551 CIVIL : Cumberland County CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Praecipe to Withdraw Motion for Summary Judgment without prejudice was served via regular mail on the following parties on the date listed below: Geoffrey M. Biringer, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 DATE: L5 (,? BY: b _ C osep P chalk, Esquire Atto eys for Plaintiff 235874 ~IL~~'-~~=~1CE ~~#= ~~~~ ~'~=;~ V~~P~OTta~''r' 2t~IDOGT -~ A~~ (E~ 45 ~Ug°t~±~t~~~~~'~,f~~D COU~9T'' PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 (717) 234-1549 Faz No. iosenh.schalk(u~fedahe.com BAC Home Loans Servicing, L.P. 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Craig K. Ross Tammie K. Ross 1183 Kingsley Road Camp Hill, PA 17011-6113 Defendants Attorney for Plaintiff Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No.10-2551-CIVIL TERM PRAECIPE TO REMOVE HEARING FROM OCTOBER 6, 2010 ARGUMENT LIST TO THE PROTHONOTARY: Kindly remove the above captioned matter from the October 6, 2010 Argument list. Defendant's counsel is in concurrence with Plaintiff's request to remove the oral argument from the argument list. Plaintiff and Defendant are currently working on loss mitigation. T ~ BY~ Date s h P. cha k, Esquire Att ev or Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 (717) 234-1549 Fax No. ~oseuh.schalk(a~feduhe.com BAC Home Loans Servicing, L.P. 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Craig K. Ross Tammie K. Ross 1183 Kingsley Road Camp Hill, PA 17011-6113 Defendants Attorney for Plaintiff Attorney for Plaintiff Court of Common Pleas . Civil Division Cumberland County No.10-2551-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Praecipe to Remove Hearing from October 6, 2010 Argument List was served by regular mail on Defendant and her counsel on the date listed below: Geoffrey M. Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 DATE: a ~ ~° By Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 F iLED-oFFICE Attorney For Plaintiff OF THE PROTHONOTAR--( , 7q 2011 BEr 9q BAC HOME LOANS SERVICING, L.P. CUtE?Y Y? Plaintiff vs CRAIG K. ROSS TAMMIE K. ROSS Defendant 1:09 _ fi gUrt of Common Pleas Civil Division CUMBERLAND County No. 10-2551 CIVIL TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based are as follows: Plaintiff BAC Home Loans Servicing, LP has merged with and into Bank of America, N.A. under the provisions of the National Bank Act. Bank of America, N.A. is successor by merger to BAC Home Loans Servicing, LP and, as a matter of federal law, is deemed to be the same company as BAC Home Loans Servicing, LP and all rights, franchises, and interests of BAC Home Loans Servicing, LP in and to every type of property (real, personal, and mixed) and choses in action are transferred to and vested in Bank of America, N.A., without any deed or other transfer. Accordingly, the name of the plaintiff has changed to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP. Kindly amend the information on the Date: December 25, 2011 By: & SCHMIEG, LLP Attorneys for Plaintiff Printed Name: Melissa Cantwell, Esquire Bar Id. No. 308912 PHS# 235874 Attorneys for Plaintiff 61 M? a P, C6 ?j a ems, /// 12#- aY6 a PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BAC HOME LOANS SERVICING, L.P. Plaintiff V. CRAIG K. ROSS TAMMIE K. ROSS Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2551 CIVIL TERM CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff s Praecipe for substitution of party plaintiff to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP was served by regular mail to the person(s) on the date listed below: CRAIG K. ROSS TAMMIE K. ROSS 1183 KINGSLEY ROAD CAMP HILL, PA 17011-6113 Date: December 23, 2011 By: PHE INAN &SCHMIEG, LLP Attorneys for Plaintiff Printed Name: Melissa Cantwell, Esquire Bar Id. No. 308912 PHS# 235874 Attorneys for Plaintiff -- Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 r1L O-OFFILE OF THE PROTHONOTAR'r Attorney For Plaintiff BAC HOME LOANS L.P. Plaintiff vs CRAIG K. ROSS TAMMIE K. ROSS Defendant Court of Common Pleas U T" Civil Division CUMBERLAND County No. 10-2551 CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP. Date: December 46, 2011 By: PHEL LINAN & SCHMIEG, LLP Attorneys for Plaintiff Printed Name: Melissa Cantwell, Esquire Bar Id. No. 308912 PHS# 235874 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BANK OF AMERICA N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. Plaintiff vs CRAIG K. ROSS TAMMIE K. ROSS Defendant Court of Common Pleas r , CZ Civil Division Zrn C/ )r- CUMBERLAND CUMBERLAND city c xft n No. 10-2551 CIVIIZIe Z C--) a c e PRAECIPE TO THE PROTHONOTARY: X Please withdraw the complaint and 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 Date: 3 PHS# 235874 the action Discontinued and Ended. BY: i&wZ UU. r a re a T. Phelan, Esq., Id. No. 32227 / Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shee R. Shah-Jani, Esq., Id. No. 81760 Je ' e R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF AMERICA N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County CRAIG K. ROSS TAMMIE K. ROSS No. 10-2551 CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: GEOFFREY M. BIRINGER, ESQUIRE 401 E. LOUTHER STREET MIDPENN LEGAL SERVICES CARLISLE, PA 17013 Date: rlauw5 J. rlalllllall, L7b+' LU. 1VU. ULU7J Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T omano, Esq., Id. No. 58745 Shee R. Shah-Jani, Esq., Id. No. 81760 Je ' e R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorney for Plaintiff