HomeMy WebLinkAbout13-3028 Supreme Cour- ?of.Pennsylvania
Cour . 1~ Comm UTleas
n =*� , ) For Prothonotary Use Only:
W C—o*fr ' eet t
CUI� r�, T ,
�x�N3;t1? County Docket No: T
The information collected on this,form is used solely for court administration purposes. This form does not
supplement or replace the filing and service o leadin s or other papers as required by law or rules o court.
Commencement of Action:
S ❑x Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
Lead Plaintiff s Name: BANK OF AMERICA, N.A., AS Lead Defendant's Name: SHEREE A. FITZGERALD
C SUCCESSOR BY MERGER TO BAC HOME LOANS
T SERVICING, LP F/K/A COUNTRYWIDE HOME
I LOANS SERVICING, LP
� Are money damages requested? El Yes 0 No Dollar Amount Requested: 1:1 within arbitration limits
(Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes ❑D No
A Name of Plaintiff/Appellant's Attorney: Allison F. Zuckerman, Esq., Id. No.309519- Phelan Halligan LLP
❑ Check here if you have no attorney (are 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 ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not
S include mass tort) ❑ Employment Dispute:
E ❑ Slander/Libel/ Defamation Discrimination
❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I MASS TORT ❑ Other:
U ❑ 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:
❑ Medical ❑ Other:
❑ Other Professional:
Pa.R. C A 205.5 Updated 01/01 /2011
T HE Pp { ;ia �
2013 MA 26 AN 10. Cie
- rUMBERI AND COUNTY.
PE NS - YLVANIA
PHELAN HALLINAN, LLP
Allison F. Zuckerman, Esq., Id. No.309519
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
7105 CORPORATE DRIVE
PLANO, TX 75024 TERM
Plaintiff NO.
V.
CUMBERLAND COUNTY
SHEREE A. FITZGERALD
144 PINE TREE DRIVE
NEWVILLE, PA 17241 -8936
Defendant
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
s�
�►c3, 75���1 a
File #: 31 8923 /
l
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 #: 318923
r.
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
7105 CORPORATE DRIVE
PLANO, TX 75024
2. The name(s) and last known address(es) of the Defendant(s) are:
SHEREE A. FITZGERALD
144 PINE TREE DRIVE
NEWVILLE, PA 17241 -8936
who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 01/11/2008 SHEREE A. FITZGERALD made, executed and delivered a mortgage
upon the premises hereinafter described to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC AS NOMINEE FOR INTERNATIONAL
MORTGAGE CORPORATION, A MARYLAND CORPORATION, which mortgage is
recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in
Mortgage Instrument No. 200802675. By Assignment of Mortgage recorded 10/21/2011
the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment
of Mortgage Instrument No. 201129161. 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. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME
LOANS SERVICING, LP F /K/A COUNTRYWIDE HOME LOANS SERVICING, LP,
directly or through an agent, has possession of the promissory note. The promissory note
is either made payable to BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER
File #: 318923
TO BAC HOME LOANS SERVICING, LP F /K/A COUNTRYWIDE HOME LOANS
SERVICING, LP or has been duly endorsed.
5. The premises subject to said mortgage is described as attached.
6. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 10/01/2011 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.
7. The following amounts are due on the mortgage as of 03/18/2013:
Principal Balance $138,810.63
Interest $14,285.91
09/01/2011 through 03/31/2013
Late Charges $0.00
Property Inspections $15.00
Interest Advance $8.54
Escrow Deficit $4,952.24
TOTAL $158,072.32
8. 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 #: 318923
9. 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.
10. This action does not come under Act 91 of 1983 because the mortgage is FHA insured.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$158,072.32, 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.
4., LP
B
Id. No.309519
File #: 318923
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land situate in the Township of Cooke, County of
Cumberland and State of Pennsylvania, as heretofore set out on that certain Plan of Lots known
as Lake Warren Estates, said Plan being recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Plan Book 18 pages 56 and 57, and which tract or
parcel of land is more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southerly right -of -way line of Pine Tree Drive at the intersection
of said right -of -way line with the line dividing Lots Nos. 36 and 35 on said Plan; thence
continuing along said dividing line South 9 degrees 30 minutes East a distance of 461.67 feet to a
point on the Line of Lands now of the Commonwealth of Pennsylvania; thence continuing along
Line of said Lands South 79 degrees 49 minutes 40 seconds West, a distance of 164.61 feet to a
point on the Line dividing Lots Nos. 34 and 35 on said Plan; thence continuing along said
dividing Line North 9 degrees, 30 minutes West a distance of 66.57 feet to a point on the
southerly right -of -way Line of Pine Tree Drive; thence continuing along said right -of -way Line
by a curve to the right having a radius of 145 feet and an arc distance of 33.25 feet to a point on
the southerly right -of -way line of Pine Tree Drive; thence continuing along said right -of -way
North 80 degrees 30 minutes East a distance of 131.64 feet to a point the place of BEGINNING.
Being Lot No. 35 on said Plan of Lots.
Under and Subject to easements, right -of -way, restrictions, and other matters of prior record.
Under and Subject to all streets, lanes and building lines as exist on said recorded Plan and also
to the Declaration of Restrictions recorded in Misc. Book 176, page 643.
File #: 318923
PROPERTY ADDRESS: 144 PINE TREE DRIVE, NEWVILLE, PA 17241 -8936
PARCEL # 07 -37- 2573 -003
File #: 318923
VERIFICATION
ereby state that I a 1 f
BANK OF AMERICA, N.A., Plaintiff in this matter. The Plaintiff has delegated the mortgage
servicing responsibility to BANK OF AMERICA, N.A. for the mortgage loan which is the
subject of this action. Plaintiff lacks sufficient information to make this verification because
Plaintiff is not the entity which maintains the business records for the mortgage. BANK OF
AMERICA, N.A. is in possession and control of all documents and records supporting the
statements in the foregoing complaint and therefore the servicer, rather than the Plaintiff, is the
appropriate entity to make this verification.
I have reviewed the business records relating to this account, and am authorized to make
this verification. I hereby verify that the statements made in the foregoing Civil Action in
Mortgage Foreclosure are true and correct to the best of my information and belief. I understand
that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
DATE: ` 'JU
Gt�c�ll�
S rI- C.t' t
BANK OF AMERICA, N.A.
File #: 318923
Name: SHEREE FITZGERALD
File #: 318923
FORM I
IN THE COURT OF COMMON PLEAS
BANK OF AMERICA, N.A., AS SUCCESSOR BY OF CUMBERLAND COUNTY, PENNSYLVANIA
MERGER TO BAC HOME LOANS SERVICING,
LP F /K/A COUNTRYWIDE HOME LOANS
SERVICING, LP
Plaintiff(s)
rTJ r
�A ca - L�
SHEREE A. FITZGERALD 2 �� aa• n r,
Defendant(s) 3a Civil p o
C:_ . •.
NOTICE OF RESIDENTIAL MORTGAGE FORECUNtR
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 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 submitted:
Date ison F. uckerman, q., Id. No.309519
Attorney Plainf
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:
ER/PRIMARY CUSTOM
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-BORROWER
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:
I • 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/Nei h. Fees
Auto Insurance Med. not covered
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. S endin Mone
Da /Child Care/Tuit. 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 —_ r
aw4tict �i :r�rabt,r x� I-IE � # . i#1UfN,
Jody S Smith
Chief Deputy 20 1 .SUN -7 A1110: 01
Richard W Stewart
Solicitor OPF,CE 05 T E,SMERIFr CUMBERLAND COUN'
PENNSYLVANIA
Bank of America, N.A.
Case Number
vs.
Sheree A Fitzgerald 2013-3028
SHERIFF'S RETURN OF SERVICE
05/29/2013 03:20 PM- Deputy Valerie Weary, 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: Sheree
A Fitzgerald at 144 Pine Tree Drive, Cooke Township, Newville, PA 1724 .
VAL RIE WEAIkY, DEPUTY
SHERIFF COST: $41.56 SO ANSWERS,
May 30, 2013 RONW R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft.Inc.
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FORM 3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA ;
�C ' """"_. ��� /V•
Plaintiff(s) c <=
�-]� � I Defendant(s)
Fh [W l� ts) "-3
aQ CIVIL
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REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated ,2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program,the undersigned hereby certifies
as follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a"Notice of Residential Mortgage Foreclosure
Diversion Program"and has taken all of the steps required in that Notice to be
eligible to participate in a court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
Si e of D en is Court ppoi ed Date
Le Representativ 7*
Signature of Defendant Date
Signature of Defendant. �T Date
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on the day of v , 2013, 1
served a copy of the foregoing Request for Conciliation Conference, by first-class mail,
postage prepaid, upon the following:
Allison F. Zuckerman, Esquire
Phelan Hallinan, LLP
One Penn Center Plaza
Suite 1400
1617 JFK Boulevard
Philadelphia, PA 19103
Attorneys for Plaintiff
Jo p db , Esqui. e
BANK OF AMERICA,N.A. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION
NO. 13-3028 CIVIL
SHEREE A. FITZGERALD,
Defendant
CASE MANAGEMENT ORDER
AND NOW,this 20 `� 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 4"11,0)de X13, at /0:00 Q.m. in Chambers
No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) 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 defendantiborrower 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 A. Hess, P.J.
,/Allison F. Zuckerman, Esquire
Phelan Hallinan, LLp
One Penn Center Plaza
Suite 1400
1617 JFK Boulevard `M
:;Q `- ter`'
Philadelphia, PA 19103 r-- W
For the Plaintiff
,/Joseph K. Goldberg, Esquire �_�
2080 Linglestown Road ' Wit
r
Suite 106
Harrisburg,PA 17110-9670
For the Defendant `I,,
:rlm ��
BANK OF AMERICA,N.A. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION
NO. 13-3028 CIVIL
SHEREE A. FITZGERALD,
Defendant
ORDER
AND NOW, this 2 6' day of September, 2013, on agreement of the parties,this
matter is continued for a period of thirty (30) days. If a motion is not filed by the defendant to
continue this case in the Mortgage Foreclosure Diversionary Program prior to the close of
business on Friday, October 18, 2013,the plaintiff is authorized to remove this case from the
Cumberland County Mortgage Foreclosure Diversionary Program by praecipe to the
Prothonotary.
BY THE COURT,
Kevi A. Hess, P. J.
-1 Joseph Schalk, Esquire
For the Plaintiff
oseph Goldberg, Esquire
For the Defendant
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BANK OF AMERICA,N.A. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION
NO. 13-3028 CIVIL
SHEREE A. FITZGERALD,
Defendant
IN RE: CONCILIATION CONFERENCE
Present at a conciliation conference held September 20, 2013, were Joseph Schalk,
Esquire, attorney for the plaintiff; Joseph Goldberg, Esquire, attorney for the defendant; and the
homeowner, Sheree A. Fitzgerald.
An order was entered by agreement dated of even date herewith.
September 20, 2013 ,,1 1
Hess, P.J.
✓ Joseph Schalk, Esquire
For the Plaintiff
,'�oseph Goldberg, Esquire
For the Defendant
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PHELAN HALLINAN, LLP
BY: JOSEPH P. SCHALK, ESQUIRE Attorney for Plaintiff
Identification No.: 91656
126 Locust Street
Harrisburg, PA 17101
Telephone: (215) 563-7000 x 7365
BANK OF AMERICA, N.A., AS SUCCESSOR BY : COURT OF COMMON PLEAS
MERGER TO BAC HOME LOANS SERVICING, LP : CUMBERLAND COUNTY
F/K/A COUNTRYWIDE HOME LOANS
SERVICING, LP : CIVIL DIVISION
PLAINTIFF
•
•
v.
SHEREE A. FITZGERALD : NO. 13-3028 CIVIL
DEFENDANT
•
PRAECIPE TO LIFT STAY
TO THE PROTHONOTARY:
Plaintiff hereby files its Praecipe requesting the Court lift the stay imposed by the
Cumberland County Mortgage Foreclosure Diversion Program. This praecipe is filed
consistent with the Court Order dated September 20, 2013.
Respectfully submitted,
PHELAN HALLINAN, LLP
Date: 10 2n I; BY:ak L
J :
os I.h la Schalk, Esquire
q
Attorney or Plaintiff
PHS#772799
PHELAN HALLINAN, LLP
BY: JOSEPH P. SCHALK, ESQUIRE Attorney for Plaintiff
Identification No.: 91656
126 Locust Street
Harrisburg, PA 17101
Telephone: (215) 563-7000 x 7365
BANK OF AMERICA, N.A., AS SUCCESSOR BY : COURT OF COMMON PLEAS
MERGER TO BAC HOME LOANS SERVICING, LP : CUMBERLAND COUNTY
F/K/A COUNTRYWIDE HOME LOANS
SERVICING, LP : CIVIL DIVISION
PLAINTIFF
•
v.
SHEREE A. FITZGERALD : NO. 13-3028 CIVIL
DEFENDANT
•
CERTIFICATION OF SERVICE
I hereby certify a true and correct copy of the foregoing Praecipe lifting stay was
served by regular mail on Defendants' counsel on the date listed below:
Joseph K. Goldberg, Esquire
2080 Linglestown Road, Suite 106
Harrisburg, PA 17110
• A c.(6,2„e=
Date: 16 Lb I 13 A
J seph P. Si alk, Esquire
ttor -y for Plaintiff
PHS#772799
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
i
EC -
PRO THONO TA A'
2014 AUG
22 AN 10: 02
CU BERL
NSYLANIA
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.
SHEREE A. FITZGERALD
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13 -3028 -CIVIL
PRAECIPE
TO THE PROTHONOTARY:
® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
I I Please mark the above referenced case Settled, Discontinued and Ended.
U Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
n Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑ Please Vacate the Judgment entered.
Wtk. PHEL
Date:
PH#812681
By:
Courtenay R. Dunn, Esq., Id. No.206779
Attorney for 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.
SHEREE A. FITZGERALD
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13 -3028 -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:
JOSEPH K. GOLDBERG, ESQUIRE
2080 LINGLESTOWN ROAD
SUITE 106
HARRISBURG, PA 17110
Date: g(2 i ((Ct.
By:
Courtenay R. Dunn, Esq., Id. No.206779
Attorney for Plaintiff