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HomeMy WebLinkAbout09-2920Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 CJarisovalante P. Fliakos, Esq., Id. No. 94620 oshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 200867 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff LISA ANN SMITH A/K/A LISA SMITH JOSEPH BURNS A/K/A JOSEPH P. BURNS CATHERINE ARLENE BURNS A/K/A C. ARLENE BURNS 28 BROAD STREET SHIPPENSBURG, PA 17257-9474 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM e "t/' ` NO. 01- PN ) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 200867 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. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 200867 1. Plaintiff is BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: LISA ANN SMITH A/K/A LISA SMITH JOSEPH BURNS A/K/A JOSEPH P. BURNS CATHERINE ARLENE BURNS A/K/A C. ARLENE BURNS 28 BROAD STREET SHIPPENSBURG, PA 17257-9474 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 05/18/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MORTGAGE LINE FINANCIAL CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1994, Page 4780. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2008 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. File #: 200867 6. The following amounts are due on the mortgage: Principal Balance $83,047.03 Interest $8,494.30 01/01/2008 through 05/05/2009 (Per Diem $17.30) Attorney's Fees $1,300.00 Cumulative Late Charges $518.98 05/18/2007 to 05/05/2009 Cost of Suit and Title Search 750.00 Subtotal $94,110.31 Escrow Credit $0.00 Deficit $1,582.17 Subtotal $1,582.17 TOTAL $95,692.48 8. 9 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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 File #: 200867 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 $95,692.48, together with interest from 05/05/2009 at the rate of $17.30 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN IIALLINAN & SCHMIEG, LLP By: /nncis c T. Phel Esquire S. , Esquire G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 200867 LEGAL DESCRIPTION ALL that certain lot or tract of land situate in the Village of Cleversburg, Southampton Township, Cumberland County, Pennsylvania, as is more particularly bounded and described as follows: BEGINNING at a point in the middle of Main Street; thence in a southerly direction 184 feet to the middle of an alley in the middle of a run; on the West 54 feet in the middle of the run to a line of land now or formerly of the heirs of Jane Miller; on the North by the same, 184 feet to beginning. Being improved with a dwelling house. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record, to the extent valid and enforceable and still applicable to the above described premises. BEING the same premises which Eric L. Martin and Donna J. Greenawalt, by their Deed dated April 12, 2002 and recorded April 19, 2002, in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 251, Page 1566, granted and conveyed unto Eric L. Martin, Grantor herein. PARCEL #: 39-37-2092-034 PROPERTY ADDRESS: 28 BROAD STREET File #: 200867 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.RC.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by the Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 P&C.S. Sec 4904 relating to unworn falsifications to authorities. Atto ey r Plainti ?as??a ?. Caoc.pvh? DATE: S' S-09 ?IL.FJ?-?:??=1C? OF TH F't?inIaTARY 2009 MAY I I AM 10: 18 Sheriffs Office of Cumberland County R Thomas Kline 6y,?0 et cumb" Edward L Schorpp Sheri' k- Solicitor Ronny R Anderson Jody S Smith Chief Deputy eS of r+s s,iERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/11/2009 08:20 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2009 at 2020 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lisa Smith, by making known unto Lisa Smith personally, at 28 Broad Street, Shippensburg, Cumberland County, Pennsylvania, 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. 05/11/2009 08:20 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joseph Burns, but was unable to locate him in his bailiwick. He therefore returns the within Complaint In Mortgage Foreclosure as not found as to the defendant Joseph Burns. Lisa Ann Smith does not know the address of Joseph Burns. The Shippensburg Postmaster has advised mail is delivered to 28 Broad Street Shippensburg, Cumberland County, Pennsylvania 17257. An exact address is not available. 05/11/2009 08:20 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Catherine Arlene Burns, but was unable to locate her in his bailiwick. He therefore returns the within Complaint In Mortgage Foreclosure as not found as to the defendant Joseph Burns. Lisa Ann Smith does not know the address of Catherine Arlene Burns. The Shippensburg Postmaster has advised mail is delivered to 28 Broad Street Shippensburg, Cumberland County, Pennsylvania 17257. An exact address is not available. SHERIFF COST: $88.00 May 14, 2009 2009-2920 BAC Home Loans Servicing, LP VS Lisa Ann Smith SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy Sheriff OF THE PPC nTApy 2009 MAY 18 AM f f : 35 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY VS. LISA ANN SMITH A/K/A LISA SMITH JOSEPH BURNS : No. CIVIL-09-2920 A/K/A JOSEPH P. BURNS CATHERINE ARLENE BURNS A/K/A C. ARLENE BURNS Defendants TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHE HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 --rrancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Date: July R, 2009 /ccp, Svc Dept. File# 200867 C? FILED- 0`- E OF THE Pi 0T45NlC)TARY 2009 jUL -9 AN l l: 16 )E .: : ",CIr!„ VP'`?' ao ?; 7-7 7 o2- I ~ ~ ~. f •~ ,i r.1 f ~.~IV 411{Y f...J 1`11 [~~ ~~~~ ~ .`... r ~.,. . JAN 2 ~ 2010Ps IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff v. Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-2920 LISA ANN SMITH A/K/A LISA SMITH JOSEPH BURNS A/K/A JOSEPH P. BURNS CATHERINE ARLENE BURNS A/K/A C. ARLENE BURNS Defendants RULE AND NOW, this day of ~~ 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. }-~ Rule Returnable z ~ ~ ~ s ~~ ~' ~ ~ ` ` ~ 1 ~+ ! s_~ 9, ~~ Co um er an R~~ ~ l,~(L:~.~ ~~~5 i/z4~v ~~ BY THE COURT 1 J. 'fir '~~Ic P"^i!'`^;~,~~TARY 1010 FEB -9 Phi 3~ ~2 Cl,~~,~~- ~ :>Qii~~,'IY ~ ~ ni Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 c.~-Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff v. LISA ANN SMITH A/K/A LISA SMITH JOSEPH BURNS A/K/A JOSEPH P. BURNS CATHERINE ARLENE BURNS A/K/A C. ARLENE BURNS Defendants Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-2920 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 29, 2010 Rule was sent to the following individual on the date indicated below. LISA ANN SMITH A/K/A LISA SMITH JOSEPH BURNS A/K/A JOSEPH P. BURNS CATHERINE ARLENE BURNS A/K/A C. ARLENE BURNS 28 BROAD STREET SHIPPENSBURG, PA 17257-9474 JOSEPH BURNS A/K/A JOSEPH P. BURNS CATHERINE ARLENE BURNS A/K/A C. ARLENE BURNS 12 RAILROAD LANE SHIPPENSBURG, PA 17257 & Schmieg, LLP DATE: B LJ Lawrence T. Phelan, Esq., Id. N~2227 ^ Francis S. Hallinan, Esq., Id. IVo. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheet .Shah-Jani, Esq., Id. No. 81760 ^ J ne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan &Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff v. LISA ANN SMITH A/K/A LISA SMITH JOSEPH BURNS A/K/A JOSEPH P. BURNS CATHERINE ARLENE BURNS A/K/A C. ARLENE BURNS Defendants .,_ 1 - ... ..... 2010 FF3 25 %331 f ~ 2 .. dt~ ~= 7iil_y r; i ~ . ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-2920 PRAECIPE TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on January 26, 2010 in the above referenced action. Phelan Hallinan &Schmieg, LLP 2 ~ DATE: ~ 3 ~ By: Y,awrence . P elan, Esq., Id. No. 32227 ^ Fr cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan &Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff v. LISA ANN SMITH A/K/A LISA SMITH JOSEPH BURNS A/K/A JOSEPH P. BURNS CATHERINE ARLENE BURNS A/K/A C. ARLENE BURNS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-2920 CERTIFICATE OF SERVICE ~ w I hereby certify that a true and correct copy of Plaintiff s Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. LISA ANN SMITH JOSEPH BURNS A/K/A LISA SMITH A/K/A JOSEPH P. BURNS JOSEPH BURNS CATHERINE ARLENE BURNS A/K/A JOSEPH P. BURNS A/K/A C. ARLENE BURNS CATHERINE ARLENE BURNS 12 RAILROAD LANE A/K/A C. ARLENE BURNS SHIPPENSBURG, PA 17257 28 BROAD STREET SHIPPENSBURG, PA 17257-9474 Phelan Hallinan & Schmieg, LLP DATE: ~~I t D B Y L` wrence hel ,Esq., Id. No. 32227 ^ Fra .cis S. Hallinan, Esq., Id. No. 62695 ^ niel G. Schmieg, Esq., Id. No. 62205 ichele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF •~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~;Lf ` ` .r ^{'~ it ` !`d : T Sheriff ' , - ._ ~~~,tt~ at ~ ~~~~bc~i,~ Jody S Smith " Chief Deputy C. ~~~, '? ~ 7~~~ ~~~~ ~ Z i,~i ~L~ Richard W Stewart ; ~. ,~. . - ~ ~ ~~ c~rF«~ ~ -. G ~~~~IF)= Solicitor ~`~~` f... ~~~~~~ t` ~ ~ ~ BAC Home Loans Servicing, LP vs. Lisa Ann Smith (et al.) Case Number 2009-2920 SHERIFF'S RETURN OF SERVICE 04/06/2010 01:09 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 a 1308 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lisa Ann Smith, Joseph Burns and Catherine Arlene Burns, located at, 28 Broad Street, Shippensburg, Cumberland County, Pennsylvania according to law. 04/06/2010 01:09 PM -Ronald Hoover Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1308 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lisa Ann Smith, by making known unto, Harry Thomas, adult in charge, at, 28 Broad Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/06/2010 01:09 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joseph Burns, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Joseph Burns is deceased, per Harry Thomas (son in law) 4/6/10.0 04/06/2010 01:09 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 a 1308 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Catherine Arlene Burns, by making known unto, Harry Thomas, adult in charge, at, 28 Broad Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of BAC Home Loans Servicing, L.P., F/WA Countrywide Home Loans Servicing, L.P., 7105 Corporate Drive, Plano, TX 75024, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 816.17 SHERIFF COST: $816.17 SO ANSWERS, June 30, 2010 RON R ANDERSON, SHERIFF ~ ~OD Pal. ~ _ a -oa ~• L'o . • ~ ~ ~. ~z-~-7?o~S' (c) CountySuite Shenff. Teleosoft. Irc. ~ ,~ ~S a~ 7 BAC HOME L~JANS SERVICING, L.P. F/K/A COL~ITTR'YWIIIE HOME ,LOANS SERVICING, L.P. Plaintiff •' v. LISA ANN SMITH A/K/A LISA SMITH JOSEPH BURNS A/K/A JOSEPH P. BURNS CATHERINE ARLENE BURNS A/K/A C. ARLENE BURNS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-2920 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 28 BROAD STREET, SHIPPENSBURG, PA 17257-9474. Name and address of Owner(s) or reputed Owner(s): Name LISA ANN SMTTH A/K/A LISA SMITH Address (if address cannot be reasonably ascertained, please so indicate) 28 BROAD STREET SHIPPENSBURG, PA 17257-9474 JOSEPH BURNS A/K/A JOSEPH P. BURNS CATHERINE ARLENE BURNS A/K/A C. ARLENE BURNS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 12 RAILROAD LANE SHIPPENSBURG, PA 17257 12 RAILROAD LANE SHIPPENSBURG, PA 17257 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. * Namb and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may -' be affected by the,~ale: ' Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 28 BROAD STREET SHIPPENSBURG, PA 17257-9474 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifi~tion to authorities. March 8, 2010 By: VV~ Y`Jl./ Atto for Plaintiff Phela allinan &Schmieg, LLP ^ La ence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ J ith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 BAC HOME LOANS SERVICING, L.P. F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION Plaintiff NO. CIVIL-09-2920 vs. LISA ANN SMITH A/K/A LISA SMITH JOSEPH BURNS A/K/A JOSEPH P. BURNS CATHERINE ARLENE BURNS A!K!A C. ARLENE BURNS Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LISA ANN SMITH A/K/A LISA SMITH JOSEPH BURNS A/K/A JOSEPH P. BURNS 28 BROAD STREET CATHERINE ARLENE BURNS SHIPPENSBURG, PA 17257-9474 A/K!A C. ARLENE BURNS 12 RAILROAD LANE SHIPPENSBURG, PA 17257 **THIS FIltM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 28 BROAD STREET, SHIPPENSBURG, PA 17257-9474 is scheduled to be sold at the Sheriff's Sale on JUNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $97,872.28 obtained by BAC HOME LOANS SERVICING, L,P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened.. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) aze filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-2920 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. LISA ANN SMITH A/K/A LISA SMITH JOSEPH BURNS A/K/A JOSEPH P. BURNS CATHERINE ARLENE BURNS A/K/A C. ARLENE BURNS owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland (Municipality) County, Pennsylvania, being 28 BROAD STREET. SHIPPENSBURG, PA 17257-9474 (Acreage or street address) Parcel No. 39-37-2092-034 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $97,872.28 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot or tract of land situate in the Village of Cleversburg, Southampton Township, Cumberland County, Pennsylvania, as is more particularly bounded and described as follows: BEGINNING at a point in the middle of Main Street; thence in a southerly direction 184 feet to the middle of an alley in the middle of a run; on the West 54 feet in the middle of the run to a line of land now or formerly of the heirs of Jane Miller; on the North by the same, 184 feet to beginning. Being improved with a dwelling house. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record, to the extent valid and enforceable and still applicable to the above described premises. TITLE TO SAID PREMISES VESTED IN: Lisa Smith, single woman, as joint tenant with the right of survivorship; and Joseph P. Burns and C. Arlene Burns, husband and wife, as tenants by the entireties with each other and as joint tenants with the rights of survivorship with the other, by Deed from Eric L. Martin, single man, dated May 18, 2007, recorded June 6, 2007, in ook 280, Page 1672, Instrument number 2007-019429. PREMISES BEING: 28 BROAD STREET, SHIPPENSBURG, PA 17257-9474 PARCEL N0.39-37-2092-034 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-2920 Civit COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP f/Wa COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From LISA ANN SMITH a/Wa LISA SMITH JOSEPH BURNS a/k/a JOSEPH P. BURNS CTHERINE ARLENE BURNS a/k/a ARLENE BURNS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $97,872.28 L.L.$.50 Interest from 9/9/09 to Date of Sale @ ($16.31 per diem) -- $4,354.77 Atty's Comm % Due Prothy $2.00 Atty Paid $279.00 Other Costs Plaintiff Paid Date: 3/10/10 C David D. Buell, rothonotary (Seal) By; Deputy REQUESTING PARTY: Name: JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 87077 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as, 28 Broad Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: - pl.~uP~l 1p ~~~~ ~ C.~-~'~ Real Estate Coordinator hS ~~ ~~ ~ i ~~~1 ti'EOZ ...._ _. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Cazlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication aze true. SWORN TO AND SUBSCRIBED before me this 30 day of April, 2010 Notary NOTARIAL SEAL DE80RAM A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 wslt lfo. ~`IO!-moo lilt BAC Home Loans Servicing, LP F/K/A Countrywide Home Loans Servicing, LP vs. Lisa Ann Smith aka Lisa Smith Joseph Burns aka Joseph P. Burns Catherine Arlene Burns aka C. Arlene Burns Atty: Daniel G. Sehmieg By virtue of a Writ of Execution NO. CIVIL-09-2920, BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. LISA ANN SMITH A/K/A LISA SMITH, JOSEPH BURNS A/K/A JOSEPH P. BURNS, CATHERINE ARLENE BURNS A/K/A C. ARLENE BURNS, owners of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being 28 BROAD STREET, SHIPPENSBURG, PA 17257-9474. Parcel No. 39-37-2092-034. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $47,872- .28. ~; ~k,;_ ~. T.he Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~e ~latriot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16110 04123!10 i 04/30/10 Sworn to and scnbed before met ~s 18 ay~of ay, 2010 A.D. COMMQNVV~TH QF PIQNNSYLVANIA NCEMIeI SiNd SFwNrN I.. KfNIw', NObry Publk Lrnver Pax~On'TMR-., LbuRh~n CouMY My Cann~ebn E~k~ Nov. 28, 2011 Member, Pennsylvania A69oCladon of Notaries lMR~ #~wM~A~«~MMI IA GaM+~:~~~i~ns ~'~ ~ k'! a Mn ~miq-~ Mla~'t,~ ,Jor~pN egns =~,`~M~-~a~rpl+Rs~w~~~ ArNrw-,Bu~s ' ~. c: ~~ ~''' By vitkae'obe~l-rit a€8xe~lue~AFI~. C1~09~ 2920 ', - . B7~ ~~ 8~ ~ . F!K!A COtJNTRYWf DE ti(~f.' 1.QAN3 ~, LF. ~ .. IISAi41~1t7 SMfIH AIIUA LEA 9t-8'tk D~fSIiS N1lCfA P. CA'N8"E B~Rt1S AtICIA° C; ProP~Y sito~e ®~he'I'd~d~F sovr~A~e'tivrk , ~ $8 EIf~OAD,g'IRFL'I', 3~, ~A inst.9a~a (pp~eakeYeer,~e~f ~n~trto. ~~t-ze9~o'~'~ i~vo~ ~c ` ~: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which BAC HOME LOANS SER L P is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 10TH day of MARCH, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 2920, at the suit of BAC HOME LOANS SER L P against LISA ANN SMITH AKA LISA JOSEPH BURNS AKA JOSEPH P CATHERINE ARLENE BURNS AKA C ARLENE is duly recorded as Instrument Number 201018496. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this l day of A.D. -~-0 ~ (~ of Deeds NdrOa~~iwtea~ RttYo~r~~