UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 12-3249

MARK LEYSE, Appellant v. BANK OF AMERICA, NATIONAL ASSOCIATION _____________ On Appeal from the United States District Court for the District of New Jersey

(D.N.J. No. 2-11-cv-07128)

SUR PETITION FOR PANEL REHEARING

Present: McKEE, Chief Judge, SMITH and GREENAWAY, Jr., Circuit Judges.

The petition for rehearing filed by Mark Leyse, Appellant in the above- entitled case having been submitted to the judges who participated in the decision of this Court, it is hereby O R D E R E D that the petition for rehearing by the panel is granted.

The prior opinion and judgment are vacated. A subsequent opinion and judgment will be entered.

By the Court,

Theodore A. McKee Chief Judge

Dated: October 3, 2013 SLC/cc: Todd C. Bank Aytan Y. Bellin David J. Fioccola Adam J. Hunt Mark P. Ladner Kyle W.K. Mooney