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HomeMy WebLinkAbout08-1388I 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 File: 9.07976 Nationstar Mortgage, LLC f/k/a Centex COURT OF COMMON PLEAS Home Equity Company, LLC CUMBERLAND COUNTY 350 Highland Drive Lewisville, TX 75067, Plaintiff, Vs. Mark V. Oliver 1120 Linn Drive Carlisle, PA 17013, and Susan E. Oliver 1120 Linn Drive Carlisle, PA 17013, No.. d 8 - ?3gg 1... l 1.) I,?FJQ. CIVIL ACTION MORTGAGE FORECLOSURE Defendants. 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 800-990-9108 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. 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 Company, LLC 350 Highland Drive Lewisville, TX 75067, Plaintiff, Vs. Mark V. Oliver 1120 Linn Drive Carlisle, PA 17013, and Susan E. Oliver 1120 Linn Drive Carlisle, PA 17013, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC (the "Plaintiff'), is a Delaware 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. 2. Defendants, Mark V. Oliver and Susan E. Oliver, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Mark V. Oliver, Defendant, resides at 1120 Linn Drive, Carlisle, PA 17013. Susan E. Oliver, Defendant, resides at 1120 Linn Drive, Carlisle, PA 17013. 4. On October 22, 2004, in consideration of a loan in the principal amount of $167,787.00, the Defendants executed and delivered to Centex Home Equity Company, LLC a note (the "Note") with interest thereon at 8.700 percent per annum, payable as to the principal and interest in equal monthly installments of $1,314.00 commencing December 1, 2004. 5. To secure the obligations under the Note, the Defendants executed and delivered to Centex Home Equity Company, LLC a mortgage (the "Mortgage") dated October 22, 2004, recorded on October 28, 2004 in the Department of Records in and for the County of Cumberland under Mortgage Book 1885, Page 4677. 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"): 1120 Linn Drive, Carlisle, PA 17013. 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 October 1, 2007, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have 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 ....................... .........$164,013.52 Accrued but Unpaid Interest from 9/1/07 to 2/29/08 @ 8.700% per annum ($39.09 per diem) ........................................$7,114.38 Accrued Late Charges ................... ..............$1,576.80 Corporate Advance ........................ ..............$1,210.00 Title Search Fees ........................... .................$350.00 Reasonable Attorney's Fees .......... ..............$1,250.00 TOTAL as of 02/29/2008 .............. ..........$175,514.70 Plus, the following amounts accrued after February 29, 2008: Interest at the Rate of 8.700 per cent per annum ($39.09 per diem); Late Charges of $65.70 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.40I(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 1120 Linn Drive, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on January 2, 2008, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. 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, $175,514.70, plus the following amounts accruing after February 29, 2008, to the date of judgment: (a) interest of $39.09 per day, (b) late charges of $65.70 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. MILSTEAD & ASSOCIATES, LLC % upk . Heidi R. S , Esquire Attorney for laintiff VERIFICATION I, Heidi R. Spivak, 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 unworn falsification to authorities. Name: Heidi R. ivak, Esquire Title: Attorney EXHISITA E rr "A" ALL THA'I' CERTAIN tract of land with the improvements thereon erected situate in the 't'hird Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point along the western side of Linn Drive, at the southeastern corner of Lot No. 134, Section "A" as shown on the Plan of ChVel Hill recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 23, Page 64; thence along Lot No. 134, North 55 degrees 23 minutes 26 seconds West, 128.23 feet to a point; thence South 46 degrees 20 minutes 05 seconds West, 33 feet to a point; thence South 22 degrees 01 minute 20 seconds West, 118.08 feet to a point at Lot No. 132; thence South 80 degrees 11 minutes 52 seconds Best, 141.66 feet to a point along the western side of Linn Drive; thence by a curve to the right in a northeasterly direction with a radius of 180 feet, an axe length of 90.92 feet to a point, the place of BEGENNiNG• BEING Lot No. 133, Section "A" on the aforesaid Plan of Chapel Hill. BEING improved with a three bedroom split-level dwelling known as 1120 Linn Drive, Carlisle, Pennsylvania. . BEING THE SAME PREMISES which William D. Heckler and Iraida C. Quinones, his wife, by Deed dated September 10, 1990 and recorded October 1, 1990 in the Oifxcc of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 34-U, Page 678, granted and conveyed unto Mark V. Oliver and Susan E. Oliver, husband and wife. Mark V. Oliver Susan E. Oliver 8V0I1E0'd OV22 ZEE Zll.MA) but43ea4sg8 M3919 eIDIJ4Pd OV91 (AH1)8002-12-833 cq C?" SHERIFF'S RETURN - REGULAR CASE NO: 2008-01388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC VS OLIVER MARK V ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OLIVER SUSAN E the DEFENDANT , at 2057:00 HOURS, on the 13th day of March 2008 at 1120 LINN DRIVE CARLISLE, PA 17013 SUSAN OLIVER 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 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/14/2008 MILSTEAD & ASSOCIATES By: Z eput Sh riff A.D. L SHERIFF'S RETURN - REGULAR CASE NO: 2008-01388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC VS OLIVER MARK V ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OLIVER MARK V the DEFENDANT , at 2057:00 HOURS, on the 13th day of March , 2008 at 1120 LINN DRIVE CARLISLE, PA 17013 by handing to SUSAN OLIVER, 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 4.80 Affidavit .00 Surcharge 10.00 3J/9?DY ( .00 32.80 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 03/14/2008 MILSTEAD & ASSOCIATES By : eputy Sherif A.D. 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 Attorney for Plaintiff Nationstar Mortgage, LLC f/k/a Centex COURT OF COMMON PLEAS Home Equity Company, LLC CUMBERLAND COUNTY 350 Highland Drive Lewisville, TX 75067, Vs. Plaintiff, No.: 08-1388 Civil Term Mark V. Oliver 1120 Linn Drive Carlisle, PA 17013, and Susan E. Oliver 1120 Linn Drive Carlisle, PA 17013, Defendants. 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 Mark V. Oliver and Susan E. Oliver, 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 $175,514.70 Interest 2/29/08 through 08/27/08 7,075.29 Late Charges 394.20 Additional Corporate Advance 328.00 TOTAL $183,312.19 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. -1nolk Mary . Harbert-Bell, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: 910108 PR`0'THONQTAftV_ {00275988) CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC ALL By: eidi R. Spivak, Esquire ID No. 74770 Attorney for Plaintiff (00020971) Page 2 of 2 40- r «? yy gc, f tiS OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Mark V. Oliver Susan E. Oliver Nationstar Mortgage, LLC f/k/a Centex COURT OF COMMON PLEAS Home Equity Company, LLC, CUMBERLAND COUNTY Plaintiff, No.: 08-1388 Civil Term Vs. Mark V. Oliver, and Susan E. Oliver, Defendants. ' NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236-of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: MARY L. HARBERT-BELL, ESQ. #80763 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. {00275988} 1 "I% J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, Plaintiff, Vs. Mark V. Oliver and Susan E. Oliver, Defendants. CIVIL ACTION NO.: 08-1388 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: Mark V. Oliver Susan E. Oliver Real Property involved: 1120 Linn Drive Carlisle, PA 17013 Amount Due Interest from 8/28/08 to 3/4/09 at $30.13 per diem (6%) $183,312.19 TOTAL (Costs to be added) Respectively submitted, Milstead & Associates, LLC DATE: August 27, 2008 Mary L. Harbert-Bell, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 {00275988) tr J 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 Attorney for Plaintiff Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, Plaintiff, Vs. Mark V. Oliver and Susan E. Oliver, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-1388 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, 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 1120 Linn Drive, Carlisle, PA 17013: 1. Name and address of Owners(s) or Reputed Owner(s): Mark V. Oliver 1120 Linn Drive Carlisle, PA 17013 Susan E. Oliver 1120 Linn Drive Carlisle, PA 17013 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: LVNV Funding, LLC Commonwealth of PA, Dept. of Revenue c/o David Apothaker, Esq. Bureau of Compliance, Lien Section 2417 Welsh Road, Apt/Ste. 21 Section, Dept. 280946 Rm #520 Harrisburg, PA 17128-0946 {00275988} M? Philadelphia, PA 19114 Highlands Tire & Service Centers 1257 Mount Holly Pike Carlisle, PA 17015 4. Name and Address of the last recorded holder of every mortgage of record: Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC (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 1120 Linn Drive Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 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. MIL Mary L. Harbert-Bell, Esquire Attorney for Plaintiff Date: August 27, 2008 {00275988} ? ?, ? ?? ? s ? LL ..J:, M 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 Attorney for Plaintiff Nationstar Mortgage, LLC f/k/a Centex COURT OF COMMON PLEAS Home Equity Company, LLC, CUMBERLAND COUNTY Plaintiff, No.: 08-1388 Civil Term Vs. NOTICE OF SHERRIF'S SALE OF Mark V. Oliver, REAL PROPERTY PURSUANT and TO PA.R.C.P.3129 Susan E. Oliver, Defendants. TAKE NOTICE: Your house (real estate) at 1120 Linn Drive, Carlisle, PA 17013, is scheduled to be sold at sheriff s sale on March 4, 2009 at 10:00 am Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $183,312.19 obtained by Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriffs 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. {00275988} 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 9.07976 (00275988} ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE THIRD WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ALONG THE WESTERN SIDE OF LINN DRIVE, AT THE SOUTHEASTERN CORNER OF LOT NO. 134, SECTION "A," AS SHOWN ON THE PLAN OF CHAPEL HILL RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 23, PAGE 64; THENCE ALONG LOT NO. 134, NORTH 55 DEGREES 23 MINUTES 26 SECONDS WEST 128.23 FEET TO A POINT; THENCE SOUTH 46 DEGREES 20 MINUTES 05 SECONDS WEST 33 FEET TO A POINT; THENCE SOUTH 22 DEGREES 01 MINUTE 20 SECONDS WEST 118.08 FEET TO A POINT AT LOT NO. 132; THENCE SOUTH 80 DEGREES 11 MINUTES 52 SECONDS EAST 141.66 FEET TO A POINT ALONG THE WESTERN SIDE OF LINN DRIVE; THENCE BY A CURVE TO THE RIGHT IN A NORTHEASTERLY DIRECTION WITH A RADIUS OF 180 FEET, AN ARC LENGTH OF 90.92 FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT NO. 133, SECTION "A" ON THE AFORESAID PLAN OF CHAPEL HILL. Being known as 1120 Linn Drive, Carlisle, PA 17013 Tax Parcel Number: 04-23-0600-150 {00275988} 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 Attorney for Plaintiff Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, Plaintiff, Vs. Mark V. Oliver, and Susan E. Oliver, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-1388 Civil Term Entry of Appearance 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 Company, LLC, in the above captioned matter. MILSTEAD & ASSOCIATES, LLC Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 100275994} a CIO WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1388 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 COMPANY, LLC, Plaintiff (s) From MARK V. OLIVER and SUSAN E. OLIVER (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 gamishee(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 $183,312.19 L.L. $.50 Interest from 8/28/08 to 3/04/09 at $30.13 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $167.80 Other Costs to be added Plaintiff Paid Date: 9/16/08 Prothonot (Seal) By: Deputy REQUESTING PARTY: Name: MARY L HARBERT-BELL, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUTIE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 80763 Nationstar Mortgage, LLC, f/k/a Centex Home Equity Company, LLC VS Mark V. Oliver and Susan E. Oliver In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-1388 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Mary Harbert-Bell. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Milage Levy Patriot News Cumberland Law Journal Surcharge Share of Bills So Answers: R. Thomas Kline; eriff 30.00 26.28 15.00 15.00 .50 2.00 9.00 15.00 367.37 355.00 30.00 15.52 880.67 ? ?k p 3I 3 Idl BY V C" _ dLl Real state Coordinator 0 ?a- 6 ? ?, ti ?`.:t ?.?? ,,? ?';` ,t ,, ?. ,., ??'?E?? ?%?? ?? . ?1 ? S ,-? t, .., r? ,y .fr?.? ::,, ? ? }4:, 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 Attorney for Plaintiff Nationstar Mortgage, LLC f/k/a Centex ? COURT OF COMMON PLEAS Home Equity Company, LLC, CUMBERLAND COUNTY Plaintiff, No.: 08-1388 Civil Term Vs. Mark V. Oliver AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 and Susan E. Oliver, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Nationstar Mortgage, LLC Vk/a Centex Home Equity Company, LLC, 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 1120 Linn Drive, Carlisle, PA 17013: 1. Name and address of Owners(s) or Reputed Owner(s): Mark V. Oliver 1120 Linn Drive Carlisle, PA 17013 Susan E. Oliver 1120 Linn Drive Carlisle, PA 17013 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: LVNV Funding, LLC c/o David Apothaker, Esq. 2417 Welsh Road, Apt/Ste. 21 Rm #520 Commonwealth of PA, Dept. of Revenue Bureau of Compliance, Lien Section Section, Dept. 280946 Harrisburg, PA 17128-0946 {00275988) Y 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 Attorney for Plaintiff Nationstar Mortgage, LLC f/k/a Centex COURT OF COMMON PLEAS Home Equity Company, LLC, CUMBERLAND COUNTY Plaintiff, No.: 08-1388 Civil Term Vs. NOTICE OF SHERRFF'S SALE OF Mark V. Oliver, REAL PROPERTY PURSUANT and TO PA.R.C.P.3129 Susan E. Oliver, Defendants. TAKE NOTICE: Your house (real estate) at 1120 Linn Drive, Carlisle, PA 17013, is scheduled to be sold at sheriffs sale on March 4, 2009 at 10:00 am Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $183,312.19 obtained by Nationstar Mortgage, LLC fWa Centex Home Equity Company, LLC. 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. (00275988) 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 9.07976 {00275988) ALL THAT CERTAIN TRACT OF LAND WITH THE RAPROVEMENTS THEREON ERECTED SITUATE IN THE THIRD WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ALONG THE WESTERN SIDE OF LINN DRIVE, AT THE SOUTHEASTERN CORNER OF LOT NO. 134, SECTION "A," AS SHOWN ON THE PLAN OF CHAPEL HILL RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 23, PAGE 64; THENCE ALONG LOT NO. 134, NORTH 55 DEGREES 23 MINUTES 26 SECONDS WEST 128.23 FEET TO A POINT; THENCE SOUTH 46 DEGREES 20 MINUTES 05 SECONDS WEST 33 FEET TO A POINT; THENCE SOUTH 22 DEGREES 01 MINUTE 20 SECONDS WEST 118.08 FEET TO A POINT AT LOT NO. 132; THENCE SOUTH 80 DEGREES 11 MINUTES 52 SECONDS EAST 141.66 FEET TO A POINT ALONG THE WESTERN SIDE OF LINN DRIVE; THENCE BY A CURVE TO THE RIGHT IN A NORTHEASTERLY DIRECTION WITH A RADIUS OF 180 FEET, AN ARC LENGTH OF 90.92 FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT NO. 133, SECTION "A" ON THE AFORESAID PLAN OF CHAPEL HILL. Being known as 1:120 Linn Drive, Carlisle, PA 17013 Tax Parcel Number: 04-23-0600-150 {00275988) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-1388 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE, LLC f/Wa CENTEX HOME EQUITY COMPANY, LLC, Plaintiff (s) From MARK V. OLIVER and SUSAN E. OLIVER (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 $183,312.19 L.L. $.50 Interest from 8/28/08 to 3/04/09 at $30.13 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $167.80 Other Costs to be added Plaintiff Paid Date: 9/16/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MARY L HARBERT-BELL, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUTIE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856482-1400 Supreme Court ID No. 80763 F Real Estate Sale #37 On November 14, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borouth, Cumberland County, PA Known and numbered as 1120 Linn Drive, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 14, 2008 By: J6 dm. , Real Estate Sergeant The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*otwXews 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 REAL ESTATE SALE NO. 37 Writ No. 2008-1388 Civil Term Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC ?+ VS Mark V. Oliver and Susan E. Oliver Attorney Mary Harbert-13ell LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE THIRD WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA; BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ALONG THE WESTERN SIDE OF LINN DRIVE, AT THE SOUTHEASTERN CORNER OF LOT NO. 134, SECTION "A," AS SHOWN ON THE PLAN OF CHAPEL HILL RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 23, PAGE 64; THENCE ALONG LOT NO. 134, NORTH 55 DEGREES 23 MINUTES 26 SECONDS WEST 128.23 FEET TO A POINT, THENCE SOUTH 46 DEGREES 20 MINUTES 05 SECONDS WEST 33 FEET TO A POINT; THENCE SOUTH 22 DEGREES 01 MINUTE 20 SECONDS WEST 118.08 FEET TO A POINT AT LOT NO. 132; THENCE SOUTH 80 DEGREES 11 MINUTES 52 SECONDS EAST 141.66 FEET TO A POINT ALONG THE WESTERN SIDE OF LINN DRIVE; THENCE BY A CURVE TO THE RIGHT IN A NORTHEASTERLY DIRECTION WITH A RADIUS OF 180 FEET. AN ARC LENGTH OF 90.92 FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT NO. 133, SECTION °A" ON THE AFORESAID PLAN OF CHAPEL HILL. Being known as 1120 Linn Drive, Carlisle, PA 17013 Tax Parcel Number: 04-23-0600-150 This ad ran on the date(s) shown below: 01/21/09 01/28/09 02/04/09 Sworn to a'nd srGbscribed before me this 25 day of February, 2009 A.D. Notary Public 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: January 30, February 6, and February 13, 2009 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. Marie SWORN TO AND SUBSCRIBED before me this 13 day of February 13, Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 IN" 01"Wes" W Writ No. 2008-1388 Civil Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC VS. Mark V. Oliver and Susan E. Oliver Atty.: Mary Harbert-Bell ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point along the western side of Linn Drive, at the southeastern comer of Lot No. 134, Section "A," as shown on the Plan of Chapel Hill recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 23, Page 64; Thence along Lot No. 134, North 55 degrees 23 minutes 26 seconds West 128.23 feet to a point; Thence South 46 degrees 20 minutes 05 seconds West 33 feet to a point; Thence South 22 degrees 01 minute 20 seconds West 118.08 feet to a point at Lot No. 132; Thence South 80 degrees 11 minutes 52 seconds East 141.66 feet to a point along the western side of Linn Drive; Thence by a curve to the right in a northeasterly direction with a radius of 180 feet, an arc length of 90.92 feet to a point, the place of BEGINNING. BEING Lot No. 133, Section "A" on the aforesaid Plan of Chapel Hill. Being known as 1120 Linn Drive, Carlisle, PA 17013. Tax Parcel Number: 04-23-0600- 150.