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3284-EDA-2011

3284-EDA-2011

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Published by DinSFLA

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Published by: DinSFLA on Oct 15, 2012
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01/06/2013

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J-A25039-12
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
BANK OF AMERICA NATIONALASSOCIATION AS SUCCESSOR BYMERGER TO LASALLE BANK NATIONALASSOCIATION AS TRUSTEE FORRAMP2007RP2IN THE SUPERIOR COURT OFPENNSYLVANIAAppelleev.CECELEY CHAPMANAppellant No. 3284 EDA 2011Appeal from the Judgment Entered November 18, 2011In the Court of Common Pleas of Delaware CountyCivil Division at No(s): 07-12325BEFORE: MUSMANNO, J., MUNDY, J., and McEWEN, P.J.E.MEMORANDUM BY MUNDY, J.:
FILED OCTOBER 12, 2012
Appellant, Ceceley Chapman, appeals from the judgment
in rem
 entered November 18, 2011, awarding Appellee, Bank of America (BOA),$141,614.79 in this mortgage foreclosure action. Because we conclude thatthe trial court lacked subject matter jurisdiction over this case, we vacatethe November 18, 2011
in rem
judg
ment and dismiss BOA’s complaint
without prejudice.The instant matter commenced on September 21, 2007, when originalAppellee, LaSalle Bank Corporation (LBC), filed a complaint in mortgage
 
J-A25039-12- 2 -foreclosure against Appellant.
1
Appellant filed preliminary objections to the
complaint on November 1, 2007, including a challenge to the trial court’s
 jurisdiction due to a defective Act 91 Notice.
2
The trial court denied
Appellant’s preliminary objections on March 14, 2008. Appellant then filed
an answer and new matter on April 9, 2008. LBC filed a reply to the newmatter on April 21, 2008. On December 15, 2009, LBC filed a motion forsummary judgment, which the trial court granted by order filed February 1,2010. Judgment was entered in favor of LBC and against Appellant for$70,966.37 on April 26, 2010. That same day, Appellant filed a petitionrequesting the trial court to stay execution on the judgment and to vacate
the February 1, 2010 order granting LBC’s motion for summary judgment.
On July 20, 2010, the
trial court granted Appellant’s petition, staying the
scheduled execution of the judgment, vacating its February 1, 2010 order,
and opening the April 26, 2010 judgment. LBC’s motion for summary
 judgment was rescheduled for argument and ultimately denied by the trialcourt on September 15, 2010.
 ____________________________________________1
LBC filed as legal owner of the mortgage, having allegedly been assignedthe same by the original mortgagee, Mortgage Electronic RegistrationSystems, Inc. as a Nominee for Meritage Mortgage Corporation. Complaint,9/21/07, at ¶ 3.
2
The Homeowners Emergency Mortgage Act, 35 P.S. §§ 1680.401c
et seq
.,is co
mmonly referred to as “Act 91.” Appellant advanced a different basis
for alleging the Act 91 Notice was deficient than the basis she raises in thisappeal.
 
J-A25039-12- 3 -Subsequently, the parties filed various motions pertaining to discoverydisputes, culminating in cross motions
in limine
to preclude the admission of various documents at the June 27, 2011 non-jury trial.
3
The trial courtdenied both motions.
4
On August 29, 2011, the trial court entered a verdictin favor of BOA. Appellant filed a motion for post-trial relief on September8, 2011, and, on October 5, 2011, following receipt of the trial transcript,filed a motion for leave to specify additional grounds for post-trial relief. OnOctober 13, 2011, the trial court denied Appellant leave to specify additionalgrounds for post-trial relief. On November 10, 2011, the trial court denied
Appellant’s motion for post
-trial relief. On November 18, 2011, BOA filed a
praecipe to enter judgment based on the trial court’s August 29, 2011
verdict. The Delaware County Office of Judicial Support duly entered judgment on that day. Appellant filed a timely notice of appeal on December
 ____________________________________________3
Meanwhile on June 13, 2011, BOA filed a praecipe to change case captionand substitute successor-
party as plaintiff. The substitution was for “Bank of 
America, National Association as successor by merger to LaSalle Bank
National Association as Trustee for RAMP 2007RP2.” Plaintiff’s Praecipe to
Change Caption, 6/13/11, at 1.
4
 
BOA’s motion
in limine
was filed on June 22, 2011 and was denied by thetrial court in an order filed on the day of the non-jury trial, June 27, 2011.
Appellant’s motion
in limine
was made orally on June 27, 2011 and a writtencopy offered to the trial court. The trial court indicated that, because of thelate filing, it would not decide the motion at that time but that Appellantcould file the motion with the Office of Judicial Support. Appellant neverfiled the written motion and the trial court never entered a written order. In
its Rule 1925(a) opinion, the trial court indicated that it took Appellant’s
motion under advisement and denied the motion prior to entering a verdict.Trial Court Opinion, 2/7/12, at 2.

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