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IN THE COURT OF COMMON PLEAS

FOR THE COUNTY OF YORK, PENNSYLVANIA
CIVIL ACTION

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Bank of America, N.A. Successor by

Merger to BAC Home Loans Servicing, LP fka
Countrywide Home Loans Servicing, LP
Plaintiff,
vs.
Robert Jeffrey Martin
Cathy Romaine Martin,
Defendants

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) Case No.: 2012-SU-000993-Y06
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__________________________________________________________________________________

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MOTION FOR ENTRY OF AN ORDER TO SHOW CAUSE

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COMES NOW, Cathy Martin and Robert Martin (the Martins) and moves the court to enter

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an Order to Show Cause compelling Plaintiff to show cause why all valid transfers, including genuine

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true sales, effecting the title (legal and beneficial) to the real property in the instant matter, as defined

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in 21 Pa. Stat. 351, should not be recorded in the land records of York County Pennsylvania.
The Martins have good cause to seek this Order as the federal court, on 30 June 2014, entered a

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declaratory judgment in Montgomery County, Pennsylvania Recorder of Deeds v. MERSCORP,

Inc., et al., U.S. District Court, E.D. Pa., Case No. 11-cv-6968, in favor of the Recorder of
Deeds, compelling the recording of all transfers, past, present, and future as more fully stated in its
Memorandum Opinion and Order (Dkt 118 and 119), annexed to this motion (Def. Appendices App
A, B).
In order for the Court of Common Pleas to be more fully informed in this settled matter, the

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Martins have also attached a marked up version of the initial complaint in Recorder of Deeds v.

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MERSCORP (Dkt.1) to give the background and history as to why the declaratory judgment, that is

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material to the instant case, was entered (Def. App C).

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The marked up Complaint, Memorandum Opinion and Order speak for themselves. The
Martins have been demanding the same strict proof for the past four (4) plus years.

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The reason the decision in Recorder of Deeds v. MERSCORP is material to the instant case, is
the fact the Martins have made substantially the very same unrebutted statements of fact that led to the
judgment against MERSCORP.
Every valid assignment to the right, interest and title (legal and beneficial) to the purported

obligation, must be transparent and of public record. Fulfilling said transparency, minimally said chain

of title (legal and beneficial) to the purported obligation must include the recorded true sale transfer for

valuable consideration from the genuine originator to genuine sponsor to genuine depositor to

the genuine REMIC trust (or special purpose vehicle CDO or CMO).

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Evidence of the preceding statement is found in the class action complaint in Recorder of
Deeds v. MERSCORP at Dkt 1, 24:
24. To securitize a mortgage, several assignments must be made: (A) The
mortgage lenders as the [purported] originating lender sells mortgages (promissory
note and mortgage documents) to a sponsor. The sponsor is a special purpose entity
affiliated with a bank or financial institution. (B) The sponsor initiates the
securitization by transferring (i.e. assigning) the mortgage to a depositor. (C) The
depositor then transfers the mortgage to a special purpose vehicle (usually a trust)
where the mortgages are then sold to investors.

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The transparent recording of the verified chain of custody would conclusively prove the
purported claimant that allegedly suffered injury caused by the Martins is the genuine holder in due
course. The transparent recording of the verified chain of custody would also conclusively prove that
the alleged claimant actually had the authority and standing to file the instant case.
WHEREFORE, for good cause shown, the Martins pray this court enter an ORDER compelling
Plaintiff to Show Cause why any/all transfers effecting the title to the real property, the subject of the
instant case, should not be recorded in the land records of York County Pennsylvania.

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Dated this ____ day of __________________2014

_________________________________
Robert Martin

______________________________
Cathy Martin

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CERTIFICATE OF SERVICE

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I, _________________, certify that on or about this ____ day of ________________ , 2014, I

personally mailed a true and correct copy of the forgoing document(s) via USPS First Class Mail to
named recipients listed below:
Christine L. Graham, Esq.
McCabe, Weisberg and Conway, P.C.
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19101

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I declare under penalty of perjury under the laws of the United States of America that the foregoing
is true and correct.
Executed this ___ day of _________________2014, at _______________County, Pennsylvania.
_____________________________
Cathy Romaine Martin

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