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HomeMy WebLinkAbout13-4560 PHELAN HALLINAN, LLP Attorney for Plaintiff Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 a ILED-( F F{CE One Penn Center Plaza THE PROTHONOTARY Philadelphia, PA 19103 2013 OCT - ! AM 10: 53 Zachary.Jones@phelanhallinan.com 215-563-7000 CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA,N.A.,AS : CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A : COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING,LP : CIVIL DIVISION vs. . No. 13-4560-CIVIL STACEY BURNS A/K/A STACEY L. BURNS CHARLES J. BURNS PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against STACEY BURNS A/K/A STACEY L.BURNS and CHARLES J.BURNS,Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $129,303.28 TOTAL $129,303.28 I hereby certify that (1) the Defendants' last known address is 1123 NANROC DRIVE UNIT 21123, MECHANICSBURG, PA 17055-4454, and (2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date ((--3013 D Zach `o e . Esq., Id. No.310721 Att' ey fo ■'laintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 1 r :,( �� DATE: ,off!-11� ,� r ttm. 5 PH#802002 PROTHONOTARY aYikt 11 i-' 016#125ia" 802002 q1)ato Aa PHELAN HALLINAN, LLP Attorney for Plaintiff Zachary Jones,Esq.,Id.No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A.,AS : CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A : COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING,LP : CIVIL DIVISION vs. : No. 13-4560-CIVIL STACEY BURNS A/K/A STACEY L. BURNS CHARLES J.BURNS AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant STACEY BURNS A/K/A STACEY L. BURNS is over 18 years of age and resides at 1123 NANROC DRIVE UNIT 21123, MECHANICSBURG, PA 17055-4454. (c) that defendant CHARLES J. BURNS is over 18 years of age and resides at 1123 NANROC DRIVE UNIT 21123, MECHANICSBURG, PA 17055-4454. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 1 013 „&i Phelan j: j 1' a LLP Zachar/ o r es, ' sq., Id. No.310721 Attorp`y fur P.aintiff PHE AN LLINAN, LLP 1617 JFK :oulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 802002 Results as of:Sep-30-2013 12:13:55 Department of Defense Manpower Data Center SCRA 3.0 Pt' t j �� I ; Status Report Jv_ to Pursuant to Serviccmnembers Civil Relief Act Last Name: BURNS First Name: STACEY Middle Name: Active Duty Status As Of: Sep-30-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duly Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects whete the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HislHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA ' .._. No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and . Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. .411, YA_ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Results as of:Sep-30-2013 12:14:22 Department of Defense Manpower Data Center SCRA 3.0 Fri n, aft Status Report 4 Pursuant to,Serricc nem}ers Civil Relief Act Last Name: BURNS First Name: STACEY Middle Name: L Active Duty Status As Of: Sep-30-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA - NA - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or hislher unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. yhamt yA. ..�.D Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 • Results as of:Sep-30-2013 1715:02 Department of Defense Manpower Data Center SCRA 3.0 :4;(/',= r l x - Status Report n '- Pursuant to,Servicernembcr.Civil Relicf Act Last Name: BURNS First Name: CHARLES Middle Name: J. Active Duty Status As Of: Sep-30-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ' No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA ~ NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. ANdy, YA,., y rfilierke,... Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 BANK OF AMERICA,N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP NO. 13-4560-CIVIL Plaintiff v. CUMBERLAND COUNTY STACEY BURNS A/K/A STACEY L.BURNS CHARLES J.BURNS Defendant(s) TO: STACEY BURNS A/K/A STACEY L. BURNS 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG,PA 17055-4454 DATE OF NOTICE: C7/111/4J5 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEB7 DDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 INFORMAI'I.ON 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#802002 BANK OF AMERICA,N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP NO. 13-4560-CIVIL Plaintiff v. CUMBERLAND COUNTY STACEY BURNS AIKJA STACEY L.BURNS CHARLES J.BURNS Defendant(s) TO: CHARLES J.BURNS 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG,PA 17055-4454 DATE OF NOTICE: Va7/-2 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HERELN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:..__- Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#802002 nmm (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N.A., AS : CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC . HOME LOANS SERVICING,LP F/K/A : COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS . SERVICING,LP . : CIVIL DIVISION vs. : No. 13-4560-CIVIL STACEY BURNS A/K/A STACEY L. . BURNS . CHARLES J.BURNS Notice is given that a Judgment in the above captioned matter has been entered against you on . By: . w 1,.m_ , If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM 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.** 802002 Supreme Cour-t".ofTennsylvania Court.of CommonTleas For Prothonotary Use Only: ' vlD -ePy et 1tt,s CUMBEI County Docket No: The information collected on this form is usedsolelyfor:.court administration purposes. This form does not supplement or replace the filing and service of leadin s or other papers as required by law or rules of court. Commencement of Action: S 12] Complaint ❑ Writ of Summons ❑ Petition E D Transfer from Another Jurisdiction O'Declaration of Taking Lead Plaintiff's Name: BANK OF AMERICA, N.A., AS Lead Defendant's Name: STACEY BURNS A/K/A STACEY L. C SUCCESSOR BY MERGER TO BAC HOME LOANS BURNS T SERVICING, LP F/K/A COUNTRYWIDE HOME I LOANS SERVICING LP Dollar Amount Requested: ❑ within arbitration limits 0 Are money damages requested? ❑ Yes ❑x No x (Check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes rX No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb. °E'sq:, Id. Nc.112274,-Phelarrlallinan LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the.. one - that., you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include.Judgmenis), . CLVIL APPEALS • Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment D Motor Vehicle ❑ Debt Collection:,Other• l.)3caard.of•Electiou� ❑ Nuisance D Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: E D Slander/Libel/ Defamation Discrimination D Other: D Employment Dispute: Other D Zoning Board C D Other: T I MASS TORT ❑ Other: 0 D Asbestos N ❑ Tobacco D Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS D Toxic Waste D Ejectment Q Common Law /Statutory Arbitration B , D Other: ❑ Eminent Domain /Condemnation D Declaratory Judgment ❑ Ground Rent D Mandamus ❑ Landlord /T'enai*Dispute" 0-Non-Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY D Mortgage Foreclosure: Commercial D Quo Warranto • Dental ❑ Partition D Replevin • Legal D Quiet Title D Other: • Medical D Other: D Other Professional: Pa.R.C.P. 205.5 Updated 01101/2011 R PEw y/ � , � uu t«iq PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Jonathan .Lobb @phelanhallinan.com 215 -563 -7000 . BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO, TX 75024 TERM �3��Sw0 vl Plaintiff NO. V. CUMBERLAND COUNTY STACEY BURNS A/K/A STACEY L. BURNS 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG, PA 17055 -4454 CHARLES J. BURNS 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG, PA 17055 -4454 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 0 am4 �103. File #: 802002 C k' 9 R# 01 C) go/ Sr 1. Plaintiff is BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: STACEY BURNS A/K/A STACEY L. BURNS 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG, PA 17055 -4454 CHARLES J. BURNS 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG, PA 17055 -4454 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/05/2009 STACEY BURNS and CHARLES J. BURNS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORP., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200901408. By Assignment of Mortgage recorded 10/26/2011 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201129634.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance witIfPa.R:C.P: 1'019(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: File #: 802002 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2011 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. 6. The following amounts are due on the mortgage as of 05/23/2013: Principal Balance $111;42446 — Interest $12,477.75 05/01/2011 through 05/31/2013 Late Charges $261.25 Property Inspections $45':0`0'° Escrow Deficit $5,089.42 TOTAL $129,303.28 7. Plaintiff is not seeking a judgment of personal liability (or an in - personam J dgmenty against the Defendant(s) in the Action; however, Plaintiff reserves its�right to +ring °a separate Action to establish that right, if such right exists. If Defendant(s) 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice. of..Homeownees.. Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, 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 File #: 802002 the Plaintiff or an authorized consumer credit counseling agency, or has /have been denied assistance by the Pennsylvania Housing Finance Agency. 9. 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 Defendants) in sum of $129,303.28, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP B Y: Jokathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff File #: 802002 LEGAL DESCRIPTION ALL THAT CERTAIN condominium unit situate in Liberty Square Condominium, Upper Allen Township, Cumberland County, Pennsylvania,..being.designated as Unit No. 1123 in the Declaration and Declaration Plans of said condominium, recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Miscellaneous Book 260, Page 362, and Plan Book 37, Page 144, respectively under the provisions-of the. Uniform Condominium Act of July 2, 1980. TOGETHER with all right of title and interest, being 5.24% interest, of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration and the Declaration Plans. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Uniform Condominium Act of Pennsylvania: and further covenants and agrees that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as section 3315 of said Uniform Condominium Act, may relieve a subsequent unit owner File #: 802002 of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owners thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs and assigns, by acceptance of this Deed, acknowledges that this conveyance. is subject. in every respect to.the Declaration, the Declaration Plans and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantee and all owners of Units in said condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledge that the Grantee has received; no later than fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Liberty Square Condominium and, therefore, waives any and all rights under S3406(c) of the Uniform Condominium Act, as amended PROPERTY ADDRESS: 1123 NANROC DRIVE UNIT 21-123 MECIIANICSBU RG PA- 17055-4454 PARCEL #42 -24- 0792 - 069.- U21123 File #: 802002 VERIFICATION �� /' , hereby states that h962is of BANK OF AMERICA, N.A., Plaintiff in this matter, that h sh s..authori=d ,-ta.make this.Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hiLA penformation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: G/ { Title A;Vk �- i'"`�� / ` / � f7 � BANK OF' AMERWA;' N A: File #: 802002 Name: BURNS File #: 802002 NOTICE You have been sued in Court. If youtywksh4o 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• against-y©u .Yowaye.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 Jose.. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL,. -. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 802002 FORM 1 IN THE COURT OF COMMON PLEAS BANK OF AMERICA, N.A., AS SUCCESSOR BY OF CUMBERLAND COUNTY, PENNSYLVANIA MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS c� SERVICING, LP —= Plaintiff(s) M CZ ; r, � VS. (J) t -.XJ C: :> CJ1 CD , STACEY BURNS A/K/A STACEY L. BURNS CHARLES J. BURNS j �� x' CD 7 — Defendant(s) / J ✓ t �•�` �Civil . NOTICE OF RESIDENTIAL MORTGAGE FORECLOS�.t- DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your. lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible fora conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution, proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60). days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date J than Lobb, Esq., Id. No.312174 omey for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the.folhlgwing,information to the best of your knowledge: CUSTOM E R/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #l: Model: Year: Amount owed: Value: Automobile 42 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycle Model: Year: Amount owed: Value Monthly Income Name of Employers: I Monthly Gross Monthly Net , 2. Monthly Gross Monthly Net 3 Monthly Gross Monthly Net Additional Income Description (not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE "AMOUNT: Mortizage Food 2nd Mort a e Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. S pending Mone Da /Child Care /Tuft. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income, &,Expenses— Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counselor: Counseling Agency: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency-Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am/are under no obligation to use the counseling services provided by the above named- - Borrower Signature Pate- Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ff ,k i��. r Sheri �ttv c+l l:rrurr�tcr',r�� Jody S Smith a'13 AUGG 3 Chief Deputy Richard W Stewart C �`BF�LAH'61 C0Uic i Y Solicitor OFF,.W OF THE$�fEWF F'D4 N S Y L V A AI I A Bank of America, N.A. Case Number vs. 2013-4560 Stacey Burns(et al.) SHERIFF'S RETURN OF SERVICE 08/07/2013 12:37 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Stacey Burns, Wife, who accepted as"Adult Person in Charge"for Charles J. Burns at 1123 Nanroc Drive, Upper Allen Township, Mechanicsburg, PA 17055. O /tv.� JASON KINSLER, DEPUTY 08/07/2013 12:37 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Stacey Burns at 1123 Nanroc Drive, Upper Allen Township, Mechanicsburg, PA 17055. JASON KINSLER, DEPUTY SHERIFF COST: $55.30 SO ANSWERS, August 08, 2013 RONNY R ANDERSON, SHERIFF (C)CountySuite Sheriff,Teleosott,Inc. 1 ,t Tft3; 0I ;s,t iuiJtiov - 1 A f3 tO 0! PENNSYLVA COUNT), Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA,N.A.,AS Court of Common Pleas SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A Civil Division COUNTRYWIDE HOME LOANS SERVICING,LP CUMBERLAND County Plaintiff No. 13-4560-CIVIL v. • STACEY BURNS A/K/A STACEY L.BURNS CHARLES J.BURNS Defendant(s) PRAECIPE TO THE PROTHONOTARY: ® Please Vacate the Judgment entered October 1, 2013. Date: /0 /90 PHELAN HALLINAN,LLP By: Jona n Lobb, q.,Id.No.312174 Attorney for Plaintiff PH# 802002 Qfrq.SO1 J Cti / 7y/ K# ad a. Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA,N.A.,AS Court of Common Pleas SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A Civil Division COUNTRYWIDE HOME LOANS SERVICING,LP CUMBERLAND County Plaintiff No. 13-4560-CIVIL v. STACEY BURNS A/K/A STACEY L.BURNS CHARLES J.BURNS Defendant(s) CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: STACEY BURNS A/K/A STACEY L. BURNS CHARLES J. BURNS 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG,PA 17055-4454 Date: /O /3J/3 PHELAN HALL AN, LLP By: Lar Jo an Lobb, Esq.,Id.No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP • Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Court of Common Pleas F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Civil Division 7105 CORPORATE DRIVE PLANO, TX 75024 No. 13-4560-CIVIL Plaintiff Cumberland County V. STACEY BURNS A/K/A STACEY L. BURNS 1123 NANROC DRIVE UNIT 21123 ,� cD MECHANICSBURG,PA 17055-4454 rte. `"r= CHARLES J. BURNS z.:v -a�,, 1123 NANROC DRIVE UNIT 21123 D ::,i c' MECHANICSBURG,PA 17055-4454 �'�' >� t -z Defendants 5 ° MOTION TO LIFT CONCILIATION STAY Plaintiff, Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP (hereinafter "Plaintiff"), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On August 5, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due June 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit"A". 2. On August 7, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendants. A true and correct copy of the Affidavit of Service is 802002 attached hereto, made part hereof and marked as Exhibit"B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program,the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint,the Defendants may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request,the Court will schedule a Conciliation Conference. The program provides that Defendants must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendants have not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. On October 1, 2013, Plaintiff inadvertently entered an in rem default judgment against Defendants before the sixty (60) days had elapsed. 7. As a result, Plaintiff filed a Praecipe to Vacate Judgment on November 1, 2013. A true and correct copy of the Praecipe to Vacate Judgment is attached hereto, made a part hereof and marked as Exhibit"C". 8. The sixty (60) days have since expired and Defendants have failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program. 9. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 802002 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP • 1 I ' ►o Date: I I ter !t 3 • BY A►:I / Josep ' :chalk, Esquire Attom-y or Plaintiff • 802002 . VS1111311' C) c -n .P c, -rr Q cri r= Qo r:' _... PHELAN HALLINAN,LLP- Jonathan Lobb,Esq.,Id,No.312174 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Jonathan.Lobb@a phelanballinan.com 215-563-7000 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO,TX 75024 TERM Plaintiff N 08/.11 V. CUMBERLAND COUNTY STACEY BURNS A/K/A STACEY L.BURNS • 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG,PA 17055-4454 CHARLES J.BURNS 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG,PA 17055-4454 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECL S S J; We nereDy I Brtay ti'1e Within to be a true ano coifed copy of the origins NO of rte+ W ATTORNEY FILE COPY File 8: 802002 • PLEASE RETURN NOTICE You have been sued in Court.. Ifyou.wish tode.i ncl against the claims sot forth in the following pages,you roust take action within twenty(20) days after this Complaint and Notice arc 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 fiwt.14 a Ai st YEA■are.warned that if you fail to do so, the case may.pn cecd 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 rrtoiaey 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 IC) HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITh I INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUM B R1,ANt)COUNTY ATTORNEY REFERRAL CUMRE RLAND COUNTY I AR r\SSUC11vr1ON t't:•1B k).AN1)('011N'I'YCOURtYlCiI3SI 2 LIBLR'I'Y AVF- 41ttF, CARLISLE.PA 17013 (717)249-3166 (800)990-9i08 • • I. Maint€Il i,: BANK OF AMERICA.,N.A. ., AS SUC( 15s(W BY MERGER '10 BAC 110MF l.OANs SERV1C1N(i. LP /K/ 1 COUNTRY WIDE 1 R)v1E I ()ANS SERVIC:1NG, 1,P 7105 CORPORATE DRIVE PI.A NO,'1 X 75024 2. The name(s) and'last known address(es)of the Defendant(s) are: STACEY BURNS A/K/A STACEY L. BURNS 1 123 NANROC DRIVE UNIT'21 123 MF"sCHAN1CS.BURCi, PA 17055-4454 C.1 IARLES J. BURNS 1123 NANROC r)Rj..vEE UNIT 21123 MECHANICSBURG,PA 17055-4454 who is/are the mortgagors) and/or real owner(s)of the property hereinafter described, .3. On 01/05/2009 STACEY BURNS and CHARLES J. BURNS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, [NC: AS NOMINEE FOR TAYLOR, BEAN & W11l'i't1K,}31t.MOR."IGAGE CORP., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 20090140R. By Assignment ofMortgage recorded 10/26/2011 the mortgage was assigned to PLAINTIFF,which Assignment is recorded in Assignment of Mortgage :Instrument No. 201.129634.Thc mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with f.'a.R.:C.P. I0I9tg); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. 1'h,: premises tiill?)t ttl.to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2011 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, (,, The following amounts are due on the mortgage as of 05123/201:3: Principal Balance $111,429.86 Interest $12,471.75 05/01/2011 through 05/31/2013 Late Charges '.1.261.25 Property Inspections $45.00 Escrow Deficit $5,089.42 TOTAL$129,303.28 Plaintiff is not seeking a judgment of personal liability (or an in personartl Jcrctgment) 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 Defendants) 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 a-; wt forth in Acct 6 of I Notice of Homeowner's Etri rgency Mortgage Assistance Program pursuant to Act 91. of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document,as applieabfe, have been sent to the 1)efeudant(s on the datets;) set fort thereon; t temporary 1 11 f; 2iltt.. the tit<i4' as provided by said notice has terminated because Defendant(s) has/have failed to meet s ith • • • the Plaintiff or an authorized eot'iswrscr rri✓dit counseling agency.or has/have been denied assistance by the Pennsylvania Housing Finance Agency. • 9. This action does not come under Act 91 of 1983 because the mortgage is 111A-insured. WHEREFORE, Plaintiff demands an in rent judgment agtirtst`the Defendant(s) in the sum of • $129,303.28, together with interest, costs,fees, and charges collectible tinder the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of-the, mortgaged property: . PHELAN HALL1NAN, L1.,P Yt litrtn Lobb,Esq., I.d, No.312174 - Attorney for Plaintiff • • • • 1,I:t;At, 1Wtit'121P'1 IO1 A1,1."CHAT CERTAIN condominium unit situate in Liberty Square Condominium, 1.lpper Allen Township, Cumberland County, Pennsylvania, being designated as Unit No. 1123 in the Declaration and Declaration Plans of said condominium,recorded in the Recorder of Deeds Office ot•Cumberland County, Pennsylvania,in Miscellaneous Book 260, Page 362,and Plan • Book 37, Page 144, respectively under the provisions of the Uniform Condominium Act o1•July 2, 1980. • • TOGETHER with ctrl right of title and interest,being 5.24% interest, of. in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements,conditions, easements and restrictions of record and to the provisions,easements,covenants and restrictions as contained in the Declaration and the Declaration flans. The Grantee, fear and on behalf of.the Grantee and the Grantee's heirs, personal representatives, successors and assigns,by the acceptance of this Deed, covenants and agrees to pay such charges Ra.the maintenance of,repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the 1.,Jnifbrm Condominium Act of Pennsylvania:and further covenants and agrees that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as section 3315 of said Uniform Condominium Act, may relieve a subsequent unit owner • of liability for prior unpaid assessments.this covenant shall run 'with and hind the land or unit hereby conveyed and all subsequent owners thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs and assigns, by acceptance of this i)eed, acknowledges that this conveyance is subject in every respect to the Deelaratiotr, the Declaration Plans and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all • • unit owners therein. Grantee and all owners of Units in said condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. The Grantee, for and on behalf of the Grantee, acknowledge that the Grantee has received,no later than fifteen {15) days prior to this conveyance, a full and complete Public Offering Statement for Liberty Square Condominium and, therefore, waives any and all rights under S3406(c)of the Uniform Condominium Act. as amended. PROPERTY ADDRESS: 1123 NANROC DRIVE UNIT 21 In;PelECDANICSIOIRG,Pi • 17055-4454 PARCEL#42-24-0792-069.-U21123 Vtt R1F1CAT1O:N ✓ ��' /r/ rt , hereby states that t,; of BANK OP AMER IC A, :4l,A., Plaintiff in this matt Cr that 110119.„,,,s;sattteic zed to make this Verification, and verify that the statements made in the foregoing Civil Aetion in Mortgage foreclosure are true and correct to the best rat hiVi,„; i fT rmntioi and belief, The undersigned understands that this statement is made subject to the penalties of 1 1 8 Pa. U.S. Sec. 49 .4 relating to unsworn falsification to authorities. BANK OF A,MER'f',1F; File#' 802002, Name: BURNS • FORM 1 1 I`a THlii C'(?;"• MO:: BANK.O1'AMERICA,N.A.,AS SU(X PSSc R j • t.)1 CI1MHP,PLAND C't)l1N;Y,P1,NNSYt 1vAMA 1MsPGI R TO DAC HOME LOANS SERViCTNG, LP F/KiA COt 1N1 R Y WWI.:HOME LOANS SER VTt tNG,LP Plaintiffs) • vs. • S'TACPY ItIAC.iiS Ail:/A STACEY L.BURNS CI[ARIES f. BURNS Defendants) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECI..OSUURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you 10 lose your home If you own and live in the residential property which is the subject of this foreclosure action,you tray he able to participate in a court-supervised conciliation conference in an eflbrt to resolve this matter with your tender, if you du not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice.you must contact MidPcrni Legal Services at(717)243-9400 extension 2510 or(800)1122.5288 extension 2510 and request appointment o1 a legal representative in no charge to you Once you have been appointed a legal representative,you must promptly trivet with that legal representative within twenty(20)days of the appointment date.During that meeting,you trust provide the legal.representative witty n)F requested financial information so that a loan resolution proposal eon he prepared on your behalf If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for ar conciliation conference.. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.I towever,you must provide your lawyer with all requested financial information so that a loan resolution proposal can he prepared on your behalf.If you and your lawyer complete a financial worksheet in the format attached hereto.your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must he filed within sixty(CCU)days of the service upon you of the foreclosure complaint If on do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work trot reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH'1'O SAVE YOUR HOME,YOU MUST ACT QI;ICKLI' AND TAKI'.THE S'r'Ei'S REQUIRED BY THIS NO'1'iCr;. THIS PROGRAM IS FREE. I esper:fhb'.cubmi,teft, •r 1ntt,: till.tit�aaa Lahti,Esq.,Id.No.312174 totney for Plaintiff • • • FORM 2 Cumberland Courtly Residential Mortgage. lox sure Diversion Program inancid Wnt-ksbeet 1)ate Cumberland Comity (_ours oi . nork.kowr,k,REQUEST FOR ItARDSIIIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine . possible options while working with your counseling agency. Please provide the folio-wing infonnanNi to the best of your knowledge: • _ „ „,„„., ,, KA!it tX1 AKVAP 11 CA INT Borrower name(s): Property Address: City: git114.11. Zip: Is the property for sale? Yes LI No t-1 Listing date:“,_ Price $ Realtor Name: Realtor'Phone• , Borrower Occupied? T7, Mailing Address(if different): • City• Si ic lip _ Phone Numbers: Home: Office: Cell: Other: Email: fi of people in household; 'How long? . . Mailing Address: . , _ City: State:. Zip: Phone Numbers: Home: , • Office Cell: Other: of people in household:- How long') „_. First Mortgage 1.ender: Type of Loan: _ Loan Number: • Date You Closed YOur Loan: .„ Second Mortgage Lender Type.of Loan: Loan Number: . 'Iota] N4ortgage Part lents Asnount: $ hteluded'faxes& losuranec: Date of Last Payment: Pity:1ply 1<,e szi. 1)efait ri t& kii1 it:*,'? Vt.; r-r It mot,at;ntunt,;,„ tt.,„.rt or cow i„ease num ntir 41;alloy'', •. 1 1 • • - • _-' -__ -_ ;`,‘,.*sets Y*kro: ltom* Other Real Estou |ttni.ox,m) nods. � $ Investments: _ Checking. S»"i/@s: ()0uc Automobile fl: Model- _ Year: Amount.owed: Value: Automobile Mndoi _ . . _ __ Year: Amount owed: _ -~'-�.'__===,---`-- Model: Yoor Amount owed: Value • Monthly Income Name of Employers: { _ ______�_ _ __ ___ __ Monthly Gross __ Nat � 2. Monthly Gross _ Monthly _ _ l Monthly Monthly Net_ __ Additional come Description(not wages ). __� _ __ _ ownUdyumoum� __ ________ monthly amount: ____ Borrower Pay Days: Co-Borrower Pay Days: Monthly Exnecses:]please only include expenses you arc currently paying) EXPENSE AMOUNT 'EXPENSE',~- -- --- Auto Insurance Auto ' ' Child _ _ -_ _ ' [ 'Money �"p~r� e�° �,'� _ -- - -_ �����' -___ - -_ - _ Amount Available km Monthly Mortgage Payments Based on luem=&Expenses: liavc you been working with s Housing Counseling Agency? Yes El No El l[yes,y|ux3c provide the following information: Couon)\ug Agkn,y: _ _ ___ _ {�wov�'`,: - Phone((Mike', ' '- ---'--- -- —'-' ' V Fax: _ • • • ]lave you made application for Ilorneuwncrs Emergency Mortgage Assistance Program ft tl".NtAt') a'sistancc:• }i'i ' 71 N` [..1 'If yes, please indicate the status of the application Have you had any prior negotiations with your lender or lender's loan servicing;company to resolve your delinquency? • Yes[J No [0 . if yes,please indicate the status of those negotiations: Please provide the following information,if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name);_ __ _ Phone' - _ . Servicing Company (Name): Contact: Phone: • I/We, �__._._._._ __.... authorize the above named _....._.__. -._.,.._..to use/refer this information to my lender/servicer for the sole purpose of evaluating nay • nancial situation for possible mortgage options. 1/We understand that i/we am/are under no obligation to use the counseling services provided by the above named • Borrower Signature C)a±; _. Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 hank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) G. Listing agreement(if property is currently on the market) 1L ,ch1t l «B�� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F pt1, ,Gto l brr444 Jody S Smith ,: Chief Deputy y.`'' 4 Richard W Stewart `4'''�"°, Solicitor COME OF THES8ERIFF Bank of America, N.A. Case Number • vs. 2013 4560 Stacey Burns(et al.) SHERIFF'S RETURN OF SERVICE 08/07/2013 12:37 PM-Deputy Jason Kinsler,being duly sworn according to law,served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Stacey Bums, Wife,who accepted as"Adult Person in Charge"for Charles J.Burns at 1123 Nanroc Drive, Upper Allen Township,Mechanicsburg, PA 17055. / I44 — —/Y JASON KINSLER,DEPUTY 08/07/2013 12:37 PM-Deputy Jason Kinsler, being duly sworn according to law,served the requested Complaint in Mortgage Foreclosure by"personally'handing a true copy to a person representing themselves to be the Defendant,to wit: Stacey Burns at 1123 Nanroc Drive,Upper Allen Township, Mechanicsburg,PA 17055. Q;Z _. ic,,. ` 4..-4 l : JASON KINSLER,DEPUTY SHERIFF COST:$55.30 SO ANSWERS, August 08,2013 RONiNR.ANDERSON,SHERIFF • • {y CounrySuU.5henfl.To tO/,olt Inc .5 •: . • • t • • :2(it; "it PR0 I o4oTAR • PENNSYLVANIA Attorney File Copy Please Return Phelan Haliinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 2155-563-7000 BANK OF AMERICA,N.A.,AS Court of Common Pleas SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A Civil Division COUNTRYWIDE HOME LOANS SERVICING,LP : CUMBERLAND County Plaintiffs No.13-4560-CIVIL v. STACEY BURNS ' Y File.copy A/K/A STACEY L.BURNS neaSe Return CHARLES J.BURNS Defendant(s) PRAECIPE TO THE PROTHONOTARY: tE)Please Vacate the Judgment entered October 1,2013. Date: . ! 31/ PHELAN HALLINAN,LLP BY:, Jtina Lobb, Id.No.312174 Attorney for Plaintiff PH#802002 s, o Phelan Halliaan,LIP Attorney For Plaintiff • 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA,N.A.,AS a Court of Common Pleas SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A . Civil Division COUNTRYWIDE HOME LOANS SERVICING,U' z CUMBERLAND County Plaintiff No.13-4560-CIVIL v. STACEY BURNS A/K/A STACEY L.BURNS CHARLES Jr.BURNS Defendan s — CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s)on the date listed below: STACEY BURNS A/K/A STACEY L.BURNS CHARLES J.BURNS 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG,PA 17055-4454 Date: PHELAN HALL t AN,LLP .,,,fir By; Q i Lobb,Esq.,Id.No.312174 Attorney for Plaintiff • PHELAN HALLINAN,LLP Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Court of Common Pleas F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Civil Division 7105 CORPORATE DRIVE PLANO, TX 75024 No. 13-4560-CIVIL Plaintiff Cumberland County v. STACEY BURNS A/K/A STACEY L. BURNS 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG,PA 17055-4454 CHARLES J. BURNS 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG, PA 17055-4454 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay, and proposed Order were sent via first class mail to the person listed below on the date indicated: STACEY BURNS A/K/A STACEY L. BURNS CHARLES J. BURNS 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG, PA 17055-4454 Date: 3 B • o oe• Jos.p . Schalk, Esquire Attt rney for Plaintiff 802002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Court of Common Pleas F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Civil Division 7105 CORPORATE DRIVE PLANO, TX 75024 No. 13-4560-CIVIL Plaintiff Cumberland County V. STACEY BURNS A/K/A STACEY L. BURNS 1123 NANROC DRIVE UNIT 21123 MECHANICSBURG, PA 17055-4454 rn r �vyr_ CHARLES J. BURNS = 1123 NANROC DRIVE UNIT 21123 CD MECHANICSBURG, PA 17055-4454 rte- C-5 Defendants 5, ORDER AND NOW,this Z,t,' day of /VoV ow&c' , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter,it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted. BY OUR J. cc : /Stacy Burns a/k/a Stacey L. Burns /Charles J. Burns /Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff llor 1 cs ,Na. ed 1!/3& , 3 802002 Aw /�