Motion,Ex Parte: 09 CV E 12 1838 BAC HOME LOANS SERVICING LP vs. PICCOLO, PHIL F et al EHK

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COURT OF COMMON PLEAS
DELAWARE COUNTY, OHIO

BAC Home Loans Servicing, LP fka {Case No. 09 CV E 12 1838
Countrywide Home Loans Servicing !

LP Judge Everett H. Krueger

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Plaintiff, |
{MOTION OF PLAINTIFF,
-vs- ‘BAC HOME LOANS SERVICING, LP FKA
{ COUNTRYWIDE HOME LOANS SERVICING

Phil F. Piccolo aka Felix A. iLP

Piccolo, et al. | FOR_SUMMARY JUDGMENT
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Defendants.

Now comes the plaintiff, BAC Home Loans Servicing, LP fka
Countrywide Home Loans Servicing LP, and moves the Court for a
summary judgment in its favor for the relief prayed for in its
Complaint herein, on the grounds that there is no genuine issue as
to any material fact, and plaintiff is entitled to a Judgment and

Decree in Foreclosure as a matter of law. .
Susana E. Lykins

é > #0075603 for

 

ill L. Féalko,
Ohio Supreme Court (#0072545

LERNER, SAMPSON & ROTHFUSS

Attorneys for Plaintiff = Ss

P.O. Box 5480 =z oF

Cincinnati, OH 45201-54800% x

attyemail@lsrlaw.com mo eo
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(DANO AO

1046957324
KMOTSJMEMORANDUM
This Motion is made pursuant to Rule 56 of the Ohio Rules of
Civil Procedure. This case is a foreclosure action which was

filed on behalf of the plaintiff and first mortgage holder, BAC

 

Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP.

The defendant-titleholders, Phil F. Piccolo aka Felix A.
Piccolo and Antionette J. Piccolo aka Antoinette J. Piccolo, have
filed an Answer in response to the plaintiff's Complaint, which
Answer is a general denial.

The Affidavit in Support of Motion for Summary Judgment which
is being filed contemporaneously herein establishes the fact that
the mortgage loan account is now delinquent and also establishes
the principal balance due and owing thereon.

There being no genuine issue as to any material fact,
plaintiff prays for a summary judgment in its favor pursuant to

Rule 56 of the Ohio Rules of Civil Procedure.

Susana E. Lykins
#0075603 for

 
        
 

L. Fealko, Counsel
Ohio Supreme Court (#)072545
LERNER, SAMPSON & ROTHFUSS
Attorneys for Plaintiff

P.O. Box 5480

Cincinnati, OH 45201-5480
(513) 241-3100
attyemail@lsrlaw.comCERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and exact copy
of the foregoing Motion for Summary Judgment and Affidavit in
support thereof have been duly served upon the following parties
or counsel of record by ordinary U.S. mail, postage prepaid this

Wingay of ( YY\ 5. \ , 2010):

Jonathan C. Lewis
15 North Franklin Street
Delaware, OH 43015

Christopher D. Betts

140 N. Sandusky Street

P.O. Box 8006 Kins

Delaware, OH 43015 susana E. Ly’
#0075603 for

   

Jill L. Fealko