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HomeMy WebLinkAbout07-7598I i MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File: 9.07413 Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation 350 Highland Drive Lewisville, TX 75067, Vs. Plaintiff, Richard L. Barr 6996 Wertzville Road Mechanicsburg, PA 17055, and Ann D. Barr 6996 Wertzville Road Mechanicsburg, PA 17055, and The United States of America c/o U.S. Attorney General 228 Walnut Street Harrisburg, PA 17108, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07 - ?S 98 &,; L7aj CIVIL ACTION MORTGAGE FORECLOSURE t00211227) 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 {002112271 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. {00211227} MILSTEAD & ASSOCIATES, LLC BY:Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation 350 Highland Drive Lewisville, TX 75067, Plaintiff, Vs. Richard L. Barr 6996 Wertzville Road Mechanicsburg, PA 17055, and Ann D. Barr 6996 Wertzville Road Mechanicsburg, PA 17055, and The United States of America c/o U.S. Attorney General 228 Walnut Street Harrisburg, PA 17108, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 0I- 7Y9g CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation (the "Plaintiff'), is a Nevada corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 350 Highland Drive, Lewisville, TX 75067. {00211227} 2. Defendants, Richard L. Barr and Ann D. Barr, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Richard L. Barr, Defendant, resides at 6996 Wertzville Road, Mechanicsburg, PA 17055. Ann D. Barr, Defendant, resides at 6996 Wertzville Road, Mechanicsburg, PA 17055. The United States of America c/o U.S. Attorney General, Defendant, is located at 228 Walnut Street, Harrisburg, PA 17108. 4. On April 14, 2000, in consideration of a loan in the principal amount of $97,000.00, Richard L. Barr and Ann D. Barr, the Defendants, executed and delivered to Centex Home Equity Corporation a note (the "Note") with interest thereon at 11.500 percent per annum, payable as to the principal and interest in equal monthly installments of $960.59 commencing June 1, 2000. 5. To secure the obligations under the Note, the Defendants executed and delivered to Centex Home Equity Corporation a mortgage (the "Mortgage") dated April 14, 2000, recorded on April 24, 2000 in the Department of Records in and for the County of Cumberland under Mortgage Book 1607, Page 802. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 6996 Wertzville Road, Mechanicsburg, PA 17055. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due July 1, 2007, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have (002112271 become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal ..................................$92,982.45 Accrued but Unpaid Interest from 6/1/07 to 12/18/07 @ 11.500% per annum ($29.30 per diem) ........................................$5,889.30 Accrued Late Charges ....................................$287.36 Corporate Advance ......................................$7,266.39 Title Search Fees ............................................$350.00 Deferred Late Charges ............................. ....$1,795.87 Insufficient Funds Charges ...................... .........$20.00 Reasonable Attorney's Fees .................... ....$1,250.00 TOTAL as of 12/18/2007 ........................ $109,841.37 Plus, the following amounts accrued after December 18, 2007: Interest at the Rate of 11.500 per cent per annum ($29.30 per diem); Late Charges of $48.03 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P. SA 680.401 (c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 6996 Wertzville Road, Mechanicsburg, PA 17055 as well as to address of residences as listed in paragraph 3 of this document on October 2, 2007, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. 10. The United States of America is being sued pursuant to 28 U.S.C Section 2410 relating to federal tax liens. A copy of the tax lien information pertinent thereto is attached hereto as "Exhibit B" and made a part hereof. The same is incorporated herein by reference as if fully set forth at length herein. {002112271 WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $109,841.37, plus the following amounts accruing after December 18, 2007, to the date of judgment: (a) interest of $29.30 per day, (b) late charges of $48.03 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILST,,BAD & ASSOCIATES, LLC Chrisovalante P. Fliakos, Esquire Attorney for Plaintiff (00211227) VERIFICATION I, Chrisovalante P. Fliakos, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C. S. ' 4904, relating to unsworn falsification to authorities. Name: Chrisovalante P. Fliakos, Esquire Title: Attorney {00211227} Order Number: 000222931 'ISED) Re: RICHARD L BARR 6996 WERTZVILLE ROAD ANN BARR MECHANICSBURG, PA 17055 CUMBERLAND County EXHIBIT&A, All that certain lot or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: Beginning at the intersection of the center line of Pennsylvania State Highway No. 944, commonly known as Wertzville Road, and the center line of Legislative Route No. 21001, commonly known as the Millers Gap Road; thence along the center line of said Wertzville Road south Eighty-four (84) degrees west One Hundred Twenty-six (126) feet to a spike; thence along other lands now or formerly of R. E. Best, north one (1) degree twenty-five (25) minutes west one Hundred Seventy-five (175) feet to a spike; thence by the same north Eight-five (85) degrees east One Hundred Twenty-five and Four Tenths (125.4) feet to a spike in the center line of the Millers Gap Road; thence along the center line of said Millers Gap Road south one (1) degrees Twenty-five (25) minutes east One Hundred Seventy-two and Five Tenths (175.5) feet to the place of beginning. Having thereon erected a dwelling house known and number as 6996 Wertzville Road, Mechanicsburg, Pennsylvania. A TISIHX3 NOV-30-2007(FRI) 14:59 Patricia Black Abstracting (FAX)717 337 2248 P.023/066 12-29-'07 16:39 FROM-Premier Abstract E XHI-131T T-fi16 P023/0fi6 F-95@ 1972 B Department of the Treasury - intsm 11 Revenue Service IForm 668 M(c) W^goa% of Cedes( I'ax I'eM tRw. Februwy 7004 Area: Serial Number W= 4 rNV38 T ApZA #2 Lion Unit Phone: (800) 029-7650 288897304 As provided by %ecdoar 6321, 6322, and 6323 of the lnternai Revwm Code, we am + a nodce Burt Wm (Iadafte biurest and pooldes) have beer: anused ap mt the f0UaWhW4 wd CaVayer.. We have made a demand for pn%ftnt of Ok UWtlty, but it remabs uapakL Therefore, there is a Ilea h11 favor Of the UnW Suites on aR property and rWW to ProPerty belOiW* to this taxpayer for the amogim of diese taxes, and addidonal pelolt(ea, hrtamt, and coats that my ai=ae. Name of Taxpayer RICHARD BARR Aesidonce 6996 WERTZVILL1r W) r4ECKw1CSHORG, PA 170$0-3.540 n y- VV-1Z L-wa -7 For O/p?tional U= by pac&&V Office .,& jrJ#f 6V 77 IMPORTANT RELEASE MFOR1"fJ4TWN: For each esaftasment listed balpw, unless notice of the lean Is refiled by the data pivon in column (e). d6 notice shalt. on the day following such date, operate as a certificate of relense as defined In IRC 8325(11). Tax Pentad Kind of lax 9ndbg Date of L,,ISt Day for Ident fAn Nmnber Anesswent Rerr (a) (b) (c) (d) W CIVP 09/30/2002 144-46-0304 05/24/2004 06/23/2014 CIVP 12/31/2001 144-46-0304 05/24/2004 06/2312014 CIVP 03/31/2002 144-46-0304 05/24/2004 06/23/2014 CIVP 06/30/2002 144-46-0304 05/24/2004 06/23/2014 Piave of Filing Prothonotary Culnberland County Total $ Carlisle, PA 17013 This notice was prepared and signed at PHILADELPHIA, PA the 26th day of August 2004 CZ r N C0 fV :;;p M 4 o? (f) ')57.20 2965.94 1911.23 3349.13 8983.50 , on this. N o -itle S?V t SL'" 'tep T+sti-? 12-00 0000 ft» P S LANE ? (800) 829-7650 (1'1O'iiFt Cwtiflpate of officer eathor>;ad by taw to take acknowledgment is not ossentlol w the vatldity of Notice of Fsdaat Tax lien Rev. Rd. 71-466. 1971 - 2 C.B. 409) 9 TIfl1HX3 O -?u o -J ? r- Ku 'TJ l 1 • -> C F 't, s a SHERIFF'S RETURN - REGULAR CASE NO: 2007-07598 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC ET AL VS BARR RICHARD L ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARR RICHARD L the DEFENDANT at 1548:00 HOURS, on the 2nd day of January , 2008 at 6996 WERTZVILLE ROAD MECHANICSBURG, PA 17055 by handing to ANN BARR ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 37.6 0 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 01/04/2008 MILSTEAD & ASSOCIATES By: ?. Deputy heriff A. D. r 46 CASE NO: 2007-07598 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC ET AL VS BARR RICHARD L ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARR ANN D the DEFENDANT , at 1548:00 HOURS, on the 2nd day of January , 2008 at 6996 WERTZVILLE ROAD MECHANICSBURG, PA 17055 ANN BARR by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 1JIv/?? %'? 16'00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/04/2008 MILSTEAD & ASSOCIATES By: Deputy eriff A. D. SHERIFF'S RETURN - OUT OF COUNTY 4 CASE NO: 2007-07598 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC ET AL VS BARR RICHARD L ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: UNITED STATES OF AMERICA but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 4th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers--- Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 29.25 Sheriff of Cumberland County Postage 1.31 55.56 ? 11,1016P 01/04/2008 MILSTEAD & ASSOCIATES Sworn and subscribe to before me this day of , A. D. ti • In The Court of Common Pleas of Cumberland County, Pennsylvania Nationstar Mortgage LLC vs. Richard L. Barr et al SERVE: The United States of America No. 07-7598 civil Now, December 2.6, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the County, PA (Ptji't.t of the ' Iteri Mary Jane yder Real Estate DSnepu Charles E. Sheaffer Chief Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin NATIONSTAR MORTGAGE LLC VS THE UNITED STATES OF AMERICA Sheriff s Return No. 2007-T-1802 OTHER COUNTY NO. 07-7598 And now: DECEMBER 28, 2007 at 9:20:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon THE UNITED STATES OF AMERICA by personally handing to 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at US ATTORNEY GENERALS OFFICE 228 WALNUT STREET HARRISBURG PA 17108 SERVED CINDY ZIMMERMAN RECEPTIONIST Sworn and subscribed to So Answers,(( ? before me this 31 ST day of December, 2007 Ili NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County Lmy Commission Expires Sept 1 2010 Sheriff of Dauphin County, Pa. `?•y,.,.... By Deputy Sheriff Deputy: T WONG Sheriffs Costs: $29.25 12/27/2007 MILSTEAD & ASSO(?.ATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, Plaintiff, Vs. Richard L. Barr, and Ann D. Barr, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-7598 Civil Term Entry of Appearance and The United States of America c/o U.S. Attorney General, Defendant(s). ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, in the above captioned matter. MILSTEAD & ASSOCIATES, LLC A"" Heidi R. Spivak, Esquire Attorney ID No. 74770 ? ? :?; c Cs? i C?7 -^? ".. ?„ t?J .? ?.; , ?? ??;" ?? ? ? •-? N MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Nationstar Mortgage, LLC Vk/a Centex Home Equity Corporation 350 Highland Drive Lewisville, TX 75067, Plaintiff, Vs. Richard L. Barr 6996 Wertzville Road Mechanicsburg, PA 17055, and Ann D. Barr 6996 Wertzville Road Mechanicsburg, PA 17055, and The United States of America c/o U.S. Attorney General 228 Walnut Street Harrisburg, PA 17108, Defendants. for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-7598 Civil Term PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Richard L. Barr, and Ann D. Barr, Defendants, for failure to file an Answer on Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $109,841.37 Interest 12/18/07 through 02/14/08 1,699.40 Late Charges 144.09 Additional Corporate Advance 283.75 TOTAL $111,968.61 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordance with Rule 237.1. copy attached. ""j, Hei R. Spivak, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: a2[Q OS P O HON f MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, Plaintiff, Vs. Richard L. Barr and Ann D. Barr and The United States of America c/o U.S. Attorney General, Defendants. TO: Richard L. Barr 6996 Wertzville Road Mechanicsburg, PA 17055 Our file number: 9.07413 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-7598 Civil Term Ann D. Barr 6996 Wertzville Road Mechanicsburg, PA 17055 DATE OF NOTICE: January 28, 2008 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 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. {00020971} Page I of 2 r 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 claims set forth against you. Unless you act within ten (10) 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC By: A'L' R. Spivak, Esquire ID No. 74770 Attorney for Plaintiff (00020971) Page 2 of 2 MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, Plaintiff, Vs. Richard L. Barr, and Ann D. Barr, and The United States of America c/o U.S. Attorney General, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-7598 Civil Term VERIFICATION OF NON-MILITARY SERVICE Heidi R. Spivak, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. 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 Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, Richard L. Barr, is over 18 years of age and resides at 6996 Wertzville Road, Mechanicsburg, PA 17055, 3. defendant, Ann D. Barr, is over 18 years of age and resides at 6996 Wertzville Road, Mechanicsburg, PA 17055, kal?l Hei R. Spivak, Esquire ((? 6' C.0 j iii 10 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, Plaintiff, Vs. Richard L. Barr and Ann D. Barr, x see b°'ek' Defendants. CIVIL ACTION NO.: 07-7598 Civil Term PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; 3. and index this writ against the Defendant(s) as follows: Richard L. Barr Ann D. Barr Real Property involved: 6996 Wertzville Road Mechanicsburg, PA 17055 Amount Due Interest from 2/15/08 to 6/11/08 at $18.41 per diem (6%) TOTAL (Costs to be added) DATE: February 13, 2008 sjr see bark $111,968.61 Respectively submitted, Milstead & Associates, LLC 4 Hei R. Spivak, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 D° - con 6? i-L7 C b goD X00 w r ?. O t P" CO 41 -0 r ON? (Q?? 6Q ?y (p t 0 40 ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATE IN SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF PENNSYLVANIA STATE HIGHWAY NO. 944, COMMONLY KNOWN AS WERTZVILLE ROAD, AND THE CENTER LINE OF LEGISLATIVE ROUTE NO. 21001, COMMONLY KNOWN AS THE MILLERS CAP ROAD; THENCE ALONG THE CENTER LINE OF SAID WERTZVILLE ROAD SOUTH EIGHTY-FOUR (84) DEGREES WEST ONE HUNDRED TWENTY-SIX (126) FEET TO A SPIKE; THENCE ALONG OTHER LANDS NOW OR FORMERLY OF R. E. BEST, NORTH ONE (1) DEGREE TWENTY-FIVE (25) MINUTES WEST ONE HUNDRED SEVENTY-FIVE (175) FEET TO A SPIKE; THENCE BY THE SAME NORTH EIGHTY-FIVE (85) DEGREES EAST ONE HUNDRED TWENTY-FIVE AND FOUR TENTHS (125.4) FEET TO A SPIKE IN THE CENTER LINE OF THE MILLERS CAP ROAD; THENCE ALONG THE CENTER LINE OF SAID MILLERS CAP ROAD SOUTH ONE (1) DEGREE TWENTY-FIVE (25) MINUTES EAST ONE HUNDRED SEVENTY-TWO AND FIVE TENTHS (172.5) FEET TO THE PLACE OF BEGINNING. Being known as 6996 Wertzville Road, Mechanicsburg, PA 17055 Tax Parcel Number: 38-13-0985-061 .+ MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, Plaintiff, Vs. Richard L. Barr and Ann D. Barr Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-7598 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 6996 Wertzville Road, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Richard L. Barr 6996 Wertzville Road Mechanicsburg, PA 17055 Ann D. Barr 6996 Wertzville Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Same as above N 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: United States Dept. of Justice U.S. Atty-Middle District of PA Attn: Mary Catherine Frye, Esquire Assistant U.S. Attorney Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 4. Name and Address of the last recorded holder of every mortgage of record: Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation (Plaintiff herein) 350 Highland Drive Lewisville, TX 75067 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 6996 Wertzville Road Mechanicsburg, PA 17055 Commonwealth of Pennsylvania Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the 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. Section 4904 relating to unsworn falsification to authorities. k?xl Heidi . Spivak, Esquire Attorney for Plaintiff Date: February 13, 2008 17, °:a C it MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, Plaintiff, Vs. Richard L. Barr, and Ann D. Barr, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-7598 Civil Term NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Defendants. TAKE NOTICE: Your house (real estate) at 6996 Wertzville Road, Mechanicsburg, PA 17055, is scheduled to be sold at sheriff's sale on June 11, 2008 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $111,968.61 obtained by Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation. 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 cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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 following page 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 bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 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 a 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 Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. 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) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 9.07413 ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATE IN SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF PENNSYLVANIA STATE HIGHWAY NO. 944, COMMONLY KNOWN AS WERTZVILLE ROAD, AND THE CENTER LINE OF LEGISLATIVE ROUTE NO. 21001, COMMONLY KNOWN AS THE MILLERS CAP ROAD; THENCE ALONG THE CENTER LINE OF SAID WERTZVILLE ROAD SOUTH EIGHTY-FOUR (84) DEGREES WEST ONE HUNDRED TWENTY-SIX (126) FEET TO A SPIKE; THENCE ALONG OTHER LANDS NOW OR FORMERLY OF R. E. BEST, NORTH ONE (1) DEGREE TWENTY-FIVE (25) MINUTES WEST ONE HUNDRED SEVENTY-FIVE (175) FEET TO A SPIKE; THENCE BY THE SAME NORTH EIGHTY-FIVE (85) DEGREES EAST ONE HUNDRED TWENTY-FIVE AND FOUR TENTHS (125.4) FEET TO A SPIKE IN THE CENTER LINE OF THE MILLERS CAP ROAD; THENCE ALONG THE CENTER LINE OF SAID MILLERS CAP ROAD SOUTH ONE (1) DEGREE TWENTY-FIVE (25) MINUTES EAST ONE HUNDRED SEVENTY-TWO AND FIVE TENTHS (172.5) FEET TO THE PLACE OF BEGINNING. Being known as 6996 Wertzville Road, Mechanicsburg, PA 17055 Tax Parcel Number: 38-13-0985-061 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7598 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE, LLC, f/k/a CENTEX HOME EQUITY CORPORATION, Plaintiff (s) From RICHARD L. BARR and ANN D. BARR (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 $111,968.61 L.L.$ 0.50 Interest from 2/15/08 to 6/11/08 at $18.41 per diem (6%) Arty's Comm % Due Prothy $2.00 Atty Paid $228.16 Other Costs to be added Plaintiff Paid Date: 2/19/08 P thonota (Seal) By: REQUESTING PARTY: Name HEIDI R. SPIVAK, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Deputy Supreme Court ID No. 74770 MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Nationst r Mortgage, LLC Vk/a Centex Home Equity Corporation, Plaintiff, Vs. Richard L. Barr, and Ann D. Barr, and The United States of America c/o U.S. Attorney General, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-7598 Civil Term Entry of Appearance ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, in the above captioned matter. MILSTEAD & ASSOCIATES, LLC Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 100251681) ? - . ? ?. + ? ? e " ?? ? ??' ?? .?.. .?'. '? Nationstar Mortgage, LLC, f/k/a Centex In the Court of Common Pleas of Home Equity Corporation Cumberland County, Pennsylvania Vs Writ No. 2007-7598 Civil Term Richard L. Barr and Ann D. Barr Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2008 at 1600 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Richard L. Barr and Ann D. Barr by making known unto Richard Barr personally, and adult in charge for Ann D. Barr, at 6996 Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1037 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 Richard L. Barr and Ann D. Barr located at 6996 Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Richard L. Barr and Ann D. Barr by regular mail to their last known address of 6996 Wertzville Road, Mechanicsburg, PA 17055. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Heidi Spivak. Defendants reinstated their loan; plaintiff collected $6,961.51. Sheriff's Costs: Docketing 30.00 Poundage 139.23 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 19.60 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 372.17 Share of bills 14.73 $1008 23 ? ??<O? . So Answers: R. Thomas Kline, Sheriff BY Real Estate Se eant- k (, yd 93 A-,, "7106111- I MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, Plaintiff, Vs. Richard L. Barr and Ann D. Barr and The United States of America c/o U.S. Attorney General, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-7598 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 6996 Wertzville Road, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Richard L. Barr 6996 Wertzville Road Mechanicsburg, PA 17055 Ann D. Barr 6996 Wertzville Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: United States Dept. of Justice U.S. Atty-Middle District of PA Attn: Mary Catherine Frye, Esquire Assistant U.S. Attorney Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 4. Name and Address of the last recorded holder of every mortgage of record: Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation (Plaintiff herein) 350 Highland Drive Lewisville, TX 75067 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 6996 Wertzville Road Mechanicsburg, PA 17055 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the 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. Section 4904 relating to unsworn falsification to authorities. Heidi 1R. Spivak, Esquire Attorney for Plaintiff Date: February 13, 2008 MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, Plaintiff, Vs. Richard L. Barr, and Ann D. Barr, and The United States of America c/o U.S. Attorney General, Defendants. TAKE NOTICE: COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-7598 Civil Term NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Your house (real estate) at 6996 Wertzville Road, Mechanicsburg, PA 17055, is scheduled to be sold at sheriff's sale on June 11, 2008 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $111,968.61 obtained by Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation. 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 cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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 following page 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 bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 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 a 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 Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. 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) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 9.07413 ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATE IN SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF PENNSYLVANIA STATE HIGHWAY NO. 944, COMMONLY KNOWN AS WERTZVILLE ROAD, AND THE CENTER LINE OF LEGISLATIVE ROUTE NO. 21001, COMMONLY KNOWN AS THE MILLERS CAP ROAD; THENCE ALONG THE CENTER LINE OF SAID WERTZVILLE ROAD SOUTH EIGHTY-FOUR (84) DEGREES WEST ONE HUNDRED TWENTY-SIX (126) FEET TO A SPIKE; THENCE ALONG OTHER LANDS NOW OR FORMERLY OF R. E. BEST, NORTH ONE (1) DEGREE TWENTY-FIVE (25) MINUTES WEST ONE HUNDRED SEVENTY-FIVE (175) FEET TO A SPIKE; THENCE BY THE SAME NORTH EIGHTY-FIVE (85) DEGREES EAST ONE HUNDRED TWENTY-FIVE AND FOUR TENTHS (125.4) FEET TO A SPIKE IN THE CENTER LINE OF THE MILLERS CAP ROAD; THENCE ALONG THE CENTER LINE OF SAID MILLERS CAP ROAD SOUTH ONE (1) DEGREE TWENTY-FIVE (25) MINUTES EAST ONE HUNDRED SEVENTY-TWO AND FIVE TENTHS (172.5) FEET TO THE PLACE OF BEGINNING. Being known as 6996 Wertzville Road, Mechanicsburg, PA 17055 Tax Parcel Number: 38-13-0985-061 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7598 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE, LLC, f/k/a CENTEX HOME EQUITY CORPORATION, Plaintiff (s) From RICHARD L. BARR and ANN D. BARR (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 $111,968.61 L.L.$ 0.50 Interest from 2/15/08 to 6/11/08 at $18.41 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $228.16 Other Costs to be added Plaintiff Paid Date: 2/19/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name HEIDI R. SPIVAK, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 74770 Real Estate Sale # 48 On March 4, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 6996 Wertzville Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 4, 2008 By: Jt- Real Es Sergeant 9 h :E d 0 Z 933 8001 S E:E d 9 Z 933 8001 IMMM% Cara AA183HS 3HI Ji0 3013 j0I31d3N , The-Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4ePahiot 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 he 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 he 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: 04/23/08 Sworn to of May, 2008 A. D. COMMONWEALTH OF PENNSYLVANIA -Notarial Seal Chy i ae L. Shappw u, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries 04/30/08 05/07/08 Meal Estate Sale #48 Writ No. 2007-7598 Civil Term Nationstar Mortgage, LLC, f/k/a Centex Home Equity Corporation VS Richard L. Barr and Ann D. Barr and The United States of America Attorney: Heidi Spivak DESCRIPTION '3u. CHAT CERTAIN LOT OR PARCEL 01? LAND SITUATE IN SILVER SPRING FOWNSHIP_ CUMBERLAND COUNTY. PENNSYLVANIA. MORE PARTICULARIA BOUNDED AND DESCRIBED AS FOLLOWS r0WII BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF PENNSYLVANIA )TXIE HIGHWAY' NO. 944, COMMONLY KNOWN AS WERTZVILLE ROAD. AND TIII'. CE:NITR LINE OF LEGISLATIVE. ROUTE NO. 21001. COMMONLY KNOWN AS THE MILLERS CAP ROAD: THENCE VLONG THE CENTER LINT; OF SAID WERII.A'1LLE ROAD SOUTH EIGHTY- FOCR 184 DEGREES WEST ONE HUNDRED'IWENTY -SIX (126) FEET TO rA SPIKE: THENCE ALONG OTHER LANDS NOW OR FORMERLY OF R. E. BEST- NORTH ONE (11 DEGREE TWENTY-FIVE: MIND "TES WEST ONE HUNDRED SEVENTY-FIVE (17i) FEET TO A SPIKE: TIIENC; BY THE SAME NORTH EIGH'1 Y- FIVE (8i) DEGREES EAST ONE HUNDRED 118EN1Y-FIVE AND FOUR TENTHS (125.4 PEE"T TO A SPIKE IN THE CENTER LINE, 01- "THE'. MILLERS CAP ROAD: THENCE. -ALONG THE CENTER LINE OF SAID MILLERS CAP ROAD SOUTH ONE ; I DEGREF TWENTY-FIVE (25) MINUTES EAST ONE HUNDRED SEVENTY-TWO AND FIVE TENTHS (17'.5) FEET TO 'FIJI: PLACE OF BEGINNING. Bang known a, 6996 Werwille R,?ad. Mechanicsburg, PA 17055 o Pu,el Number i8-11-0985-061 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 Carlisle 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: May 2, May 9, and May 16, 2008 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 are true. 6 L" Marie Coyne, Ttor SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RZAL XDTATZ BALL NO. 46 Writ No. 2007-7598 Civil Nationstar Mortgage, LLC, f/k/a Centex Home Equity Corporation vs. Richard L. Barr and Ann D. Barr and The United States of America Atty.: Heidi Spivak ALL THAT CERTAIN lot or parcel of land situate in Silver Spring Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows to wit: BEGINNING at the intersection of the center line of Pennsylvania State Highway No. 944, commonly known as Wertzville Road, and the center line of Legislative Route No. 21001, commonly known as the Millers Cap Road; thence along the center line of said Wertzville Road South eighty-four (84) degrees West one hundred twenty-six (126) feet to a spike; thence along other lands now or formerly of R. E. Hest, North one (1) degree twenty-five (25) min- utes West one hundred seventy-five (175) feet to a spike; thence by the same North eighty-five (85) degrees East one hundred twenty-five and four tenths (125.4) feet to a spike in the center line of the Millers Cap Road; thence along the center line of said Millers Cap Road South one (1) degree twenty-five (25) minutes East one hundred seventy-two and five tenths (172.5) feet to the place of beginning. Being known as 6996 Wertzville Road, Mechanicsburg, PA 17055. Tax Parcel Number: 38-13-0985- 061. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, Plaintiff, Vs. Richard L. Barr, and Ann D. Barr, and The United States of America c/o U.S. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-7598 Civil Term Praeciue to Vacate Judgment and Discontinue and End Action Attorney General, Defendant(s). TO THE PROTHONOTARY: Kindly vacate the Default Judgment filed on February 19, 2008 in the amount of $111;968.61 and Discontinue and End the above captioned Mortgage Foreclosure action without Prejudice. MILSTEAD & ASSOCIATES, LLC Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 {00251683} n C r? tIA z? t c e; M w