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HomeMy WebLinkAbout13-2928 Supreme Court -,of Pennsylvania Con � } 6K Common Pleas For Prothonot Use On " « W� 1 y y: Givil'Covef, Sheet r i �� =i ✓f tom, �. ELAN t ��` County Docket No: CUMBR ` __ , a. I The infornzation collected on this f�rin is used solel)? for court administration purposes. T his form does not suplilement or replace the filing and service o p leadin s or other pap as required by low or rules of court. Commencement of Action: S ❑x Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: BANK OF AMERICA, N.A., AS Lead Defendant's Name: MELISSA A. COLESTOCK C SUCCESSOR BY MERGER TO BAC HOME LOANS T SERVICING, LP F /K/A COUNTRYWIDE HOME I LOANS SERVICING, LP Dollar Amount Requested: ❑ within arbitration limits O Are money damages requested? ❑ Yes 9 No x (Check one ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: John Michael Kolesnik Esq. Id. No.308877, Phelan Hallinan, LLP ❑ Chech here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Place an "X" to the left of the ONE case category that most accurately describes your Case 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 ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) El Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco • Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ 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: ❑ Other: • Medical • Other Professional: w M :g- "7,0 — G? C? C-) PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 TERM (� Plaintiff NO. V. CUMBERLAND COUNTY MELISSA A. COLESTOCK ANTHONY R. COLESTOCK 323 WILLOW AVENUE CAMP HILL, PA 17011 -3655 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 308419 Q 1 f2# agoQiB 1. Plaintiff is BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K /A COUNTRYWIDE HOME LOANS SERVICING, LP 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 2. The name(s) and last known address(es) of the Defendant(s) are: MELISSA A. COLESTOCK ANTHONY R. COLESTOCK 323 WILLOW AVENUE CAMP HILL, PA 17011 -3655 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 12/08/2006 MELISSA A. COLESTOCK and ANTHONY R. COLESTOCK made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR BROADVIEW MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1975, Page 4939. By Assignment of Mortgage recorded 01/10/2013 the mortgage was assigned to NATIONSTAR MORTGAGE LLC, which Assignment is recorded in Assignment of Mortgage Instrument No. 201301026.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. File #: 308419 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2012 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. 6. The following amounts are due on the mortgage Principal Balance $142,590.91 Interest 01/01/2012 through 05 /13/2013 $11,615.25 Property Inspections $48.00 Property Preservations $0.00 Appraisal /BPO $0.00 Non Sufficient Funds Charge $0.00 Escrow Advance $4,419.24 Subtotal $158,673.40 Suspense Credit $0.00 Escrow Credit $0.00 TOTAL $158,673.40 7. 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. File #: 308419 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of 158,673.40 , together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN LLINAN, LLP By: Joh #K11chael Kolesnik, Esq., Id. No.308877 Afto/mey for Plaintiff File #: 308419 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the East property line of Willow Street located one hundred twenty (120) feet North of the intersection of the Northern property line of C. A. Holmes, and the East property line of Willow Street marked by an iron pin; thence North seven (7) degrees fifty -five (55) minutes West along the East property line of Willow Street to a point sixty (60) feet distant; thence North eighty -two (82) degrees five (5) minutes East a distance of one hundred twenty (120) feet, more or less, to the centerline of a proposed fourteen (14) foot wide alley; thence South seven (7) degrees fifty -five (55) minutes East along the centerline of proposed alley to a point sixty (60) feet distance; thence South eighty -two (82) degrees five (5) minutes West a distance of one hundred twenty (120) feet, more or less, to the place of BEGINNING. HAVING THEREON ERECTED a frame dwelling known and numbered as 323 Willow Avenue, Camp Hill, Pennsylvania. PROPERTY ADDRESS: 323 WILLOW AVENUE, CAMP HILL, PA 17011 -3655 PARCEL # 01 -20- 1854 -097 File #: 308419 VERIFICATION Jerrell Menyweathe hereby states that he /she is Assistant Secretary of NATIONSTAR MORTGAGE, LLC, Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. DATE: May 13, 2013 Jerrell Menyweather Assistant Secretary NATIONSTAR MORTGAGE, LLC File #: 308419 File #: 308419 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 BE ABLE 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 #: 308419 Pa.R.C.P. 205.5 Updated 01/01 /2011 FORM 1 IN THE COURT OF COMMON PLEAS BANK OF AMERICA, N.A., AS SUCCESSOR OF CUMBERLAND COUNTY, PENNSYLVANIA BY MERGER TO BAC HOME LOANS p SERVICING, LP F /K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff(s) rn im r VS. aC:) MELISSA A. COLESTOCK C:) C:) —1 ANTHONY R. COLESTOCK =CD Defendants) Civil 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- supery ised 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 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 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 arguments 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 s mitted: S 22/3 Date ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 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 counseling agency. Please provide the following information to the best of your knowledge: 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 in household: How long? CO-BORRONVER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? INFORMATION FINANCIAL First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $_ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ 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. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net 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 " 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 Suppo rt/Alim. Spending Mone Da /Child Care /Tuft. 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: 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 delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION 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 obligation to use the counseling 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: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of v:u I HL f'ft(1TH01� TF', on:ao n:trq.ryo Jody S Smith Chief Deputy 20I3 JUN 14 AM 8: 59 Richard w Stewart CUMSERLANO COUHTY Solicitor pEMSYLVANIA Bank of America, N.A. Case Number vs Melissa A Colestock let al.) 2013-2928 SHERIFF'S RETURN OF SERVICE 05/29/2013 07:33 PM - Deputy Ronald Hoover, 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: Melissa A Colestock at 323 Willow Avenue, Camp Hill Borough, Camp Hill, PA 17011. RONALD HOOVER, DEPUTY 05/29/2013 07:33 PM- Deputy Ronald Hoover, 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. Anthony R Colestock at 323 Willow Avenue, Camp Hill Borough, Camp Hill, PA 17011. RONALD HOOVER, DEPUTY SHERIFF COST: $60.95 SO ANSWERS,�j/))) — — May 30, 2013 RONNY R ANDERSON, SHERIFF '07/16/2013 13:09 17177613286 PAGE 02 %V)MAM 1-:LED-OFFiC-' 0 11-:' THE P R 0 TH 0 JI-10 1- f R,Christopher Vat>l ndingbarn,Esquire MARTSON DEARDORFF WILLIAMS OTTO GILRCY&FALLER 29 13 JUL 17 AM 10: 0 1 MARTSON LAW OFFICES I.D. 307424 CUMBERLAND COUNTY 10 East High Street PENNSYLVANIA Carlisle,PA 17013 (717)243-3341 Attorneys for Defendants BANr,OF AMERICA,N.A.,AS : IN THE COURT OF COMMON PLEAS OF SUCCESSOR BY MERGER TO BAC : CUMBERLAND COUNTY,PENNSYLVANIA HOME LOANS SERVICING,LIP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP, Plaintiff NO. 13-2928 V. CIVIL,ACTION-LAW MELISSA A.COLESTOCK and ANTHONY R.COLESTOCK., Defendants Pursuant to the Administrative order dated Febi nary 28,2012,goveming the Cumberland County Residential Mortgage Foreclosure Diversion Pr)gram,the undersigned hereby certifies as follows: I Defendant is the owner of the real Property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real proper y,which is Defendant's primary residence; 3. Defendant has been served with a"Notice of Residential Mortgage Foreclosure Diversion Prop2th" and has taken all )f the steps required in that Notice to be eligible to participate in a court-supervis ed conciliation conference. The Undersigned verifies that the statements me le herein are true and correct I understasW that false statements am made subject to the Penalties of 19 Pa. C.S. §4904 relating to unworn flilsiBeadon to authorities. ripature of Defendants'Counsell De to Si XRepresentative Appo ppoi <,al twumdFDe6fed&4t— Dste I,ml.%r Signature of Defendant Di to CERTIFICATE OF SERVICE 1,Ami J.Thumma,an authorized agent for Martson Deardorff Williams Otto Gilroy&Faller, hereby certify that a copy of the foregoing Request for Conciliation Conference was served this date by depositing same in the Post Office at Carlisle,PA,first class mail,postage prepaid,addressed as follows.. John Michael Kolesnik, Esquire PHELAN HALLINAN, LLP 1617 JFK Blvd., Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 MARTSON LAW OFFICES By: Ami J. ThumnIQ Ten East High Street Carlisle, PA 17013 Dated: i� (717) 243-3341 BANK OF AMERICA,N.A. : IN THE COURT OF COMMON PLEAS OF AS SUCCESSOR BY MERGER CUMBERLAND COUNTY, PENNSYLVANIA TO BAC HOME LOANS SERVICING, LP f/k/a , COUNTRYWIDE HOME LOANS `M SERVICING, LP, , Plaintiff vs. CIVIL ACTION 7­1 NO. 13-2928 CIVIL p MELISSA A. COLESTOCK and ANTHONY R. COLESTOCK, Defendants CASE MANAGEMENT ORDER AND NOW,this aP eW day of July, 2013,the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on I&Mj t s�76C , at dm. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one(2 1) days prior to the date of the Conciliation Conference,the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2)which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court,the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference,the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, Kevi . Hess, P.J. /John M. Kolesnik, Esquire Phelan Hallinan LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 For the Plaintiff AChristopher VanLandingham, Esquire 10 East High Street Carlisle, PA 17013 For the Defendants 0 :rlm BANK OF AMERICA,N.A. IN THE COURT OF COMMON PLEAS OF AS SUCCESSOR BY MERGER CUMBERLAND COUNTY, PENNSYLVANIA TO BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS C= SERVICING, LP, -OZ cn .x Plaintiff zt,;o cn r-- i T? A vs. CIVIL ACTION crt NO. 13-2928 CIVIL C MELISSA A. COLESTOCK and ANTHONY R. COLESTOCK, -� Defendants IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held September 5, 2013, were D. Troy Sellars, Esquire;attorney for the plaintiff; Christopher VanLandingham, Esquire, attorney for the defendants; and the homeowners, Anthony and Melissa Colestock. It appears that necessary documents have been presented to the plaintiff for its review. To the extent that modified documents are required, it is expected that the plaintiff will promptly notify counsel for the defendants. With the hope that there will be some progress on a review of this matter, a continued conciliation conference is set by order of even date herewith. ORDER AND NOW,this S1 day of September, 2013, a continued conciliation conference is set for October 24, 2013, at 11:30 a.m. in Chambers of the undersigned. BY THE COURT, Kevin A. ess, P. J. ,'-D. Troy Sellars, Esquire For the Plaintiff R. Christopher VanLandingham, Esquire For the Defendants Am Co 4 s//3 BANK OF AMERICA,N.A. IN THE COURT OF COMMON PLEAS OF AS SUCCESSOR BY MERGER CUMBERLAND COUNTY, PENNSYLVANIA TO BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff vs. CIVIL ACTION NO. 13-2928 CIVIL MELISSA A. COLESTOCK and ANTHONY R. COLESTOCK, Defendants IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this Z -" day of October, 2013, at the request of counsel, the conciliation conference set for October 24, 2013, is continued to Thursday, December 5, 2013, at 3:00 p.m. in Chambers of the undersigned. BY THE COURT, Kevin . Hess, P. J. ,/D. Troy Sellars, Esquire For the Plaintiff R. Christopher VanLandingham, Esquire For the Defendants r, :rim lqazla l! , cy, :'+ BANK OF AMERICA, N.A. IN THE COURT OF COMMON PLEAS OF AS SUCCESSOR BY MERGER CUMBERLAND COUNTY, PENNSYLVANIA TO BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff VS. CIVIL ACTION =M NO. 13-2928 CIVIL MELISSA A. COLESTOCK and -- ANTHONY R. COLESTOCK, �° T Defendants `> r'a 7- IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this y ' day of December, 2013, it appearing that the defendants have been approved for a trial loan modification, the conciliation conference set for December 5, 2013, is continued generally. BY THE COURT, Kevin . Hess, P. J. /D. Troy Sellars, Esquire For the Plaintiff /'John Fowler, Esquire 1 For the Defendants Am a Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 t f-Y,0 THON.0 TA 20Ifi MAR 27 AN tr: U6 CUMBERLAND COUNTY PENNSYLVANIA Attorney For Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. MELISSA A. COLESTOCK ANTHONY R. COLESTOCK Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-2928-CIVIL PRAECIPE TO THE PROTHONOTARY: [s] Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. 0 Please mark the above referenced case Settled, Discontinued and Ended. ri Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. 0 Please mark the in rem judgment Satisfied and the action Discontinued and Ended. E. Please Vaca udgment entered. (17 Date: PH # 802181 By: Josep A. D Atto , Esq., d. No.200479 or Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 Attorney For Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. MELISSA A. COLESTOCK ANTHONY R. COLESTOCK Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13- 2928 -CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: R. Christopher Vanlandingham, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Date: PHELAN H By: Joseph A. Dessoye, j., Id. No.21► 4 79 Attorney for aintiff