Loading...
HomeMy WebLinkAbout08-7115 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 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 228 Walnut Street, Suite 220 Harrisburg, PA 17108, Defendants. Attorney for Plaintiff File: 9.09683 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: U?` 7llS / -kv4w, CIVIL ACTION MORTGAGE FORECLOSURE 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: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff INationstar Mortgage LLC f/k/a Centex COURT OF COMMON PLEAS Home Equity Corporation CUMBERLAND COUNTY 350 Highland Drive Lewisville, TX 75067, Plaintiff, Vs. Richard L. Barr 6996 Wertzville Road Mechanicsburg, PA 17055, No.: CIVIL ACTION MORTGAGE FORECLOSURE and Ann D. Barr 6996 Wertzville Road Mechanicsburg, PA 17055, and The United States of America c/o U.S. Attorney 228 Walnut Street, Suite 220 Harrisburg, PA 17108, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation (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, 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, Defendant, is located at 228 Walnut Street, Suite 220, Harrisburg, PA 17108. 4. On April 14, 2000, in consideration of a loan in the principal amount of $97,000.00, 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. The current interest rate is 8.110 percent per annum. 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 August 1, 2008, 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 ................................$209,925.93 Accrued but Unpaid Interest from 7/1/08 to 12/3/08 @ 8.110% per annum ($46.64 per diem) ........................................$7,275.84 Accrued Late Charges .................................$1,004.01 Title Search Fees ............................................$350.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 12/03/2008 ........................$219,805.78 Plus, the following amounts accrued after December 3, 2008: Interest at the Rate of 8.110 per cent per annum ($46.64 per diem); Late Charges of $67.12 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.' 1680.401(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 17050 as well as to address of residences as listed in paragraph 3 of this document on October 8, 2008, 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 lenghth herein. 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, $219,805.78, plus the following amounts accruing after December 3, 2008, to the date of judgment: (a) interest of $46.64 per day, (b) late charges of $67.12 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 _0 4--? Mary L. Harbert-Bell, Esq Attorney for Plaintiff VERIFICATION I, Mary L. Harbert-Bell, 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: Mary L. Harbert-Bell, Esquire Title: Attorney Date: 11/21/2008 Time: 6:50 PM To: 0 1-877-236-1259 Page: 013 11-21-'08 17:39 FfM- EXHIBIT q 6kW* )N ftovc f16M"21 Mz R1CRAND L ale! So" SWRTZVU" mom ?,ar am 1oEMOMMCMMO, 9% 1:688 R:Z?TI' rA' all chat 6extala Iot or V=aa a! laps sikmta is s11.ar spring Tawashiy, Cm&ftlaad CoW kY, loa+PYL4aASar apse p%rt% gXv4Zy bwssded and 4eaecihad as fax~ to v"s BIWIS"m ar ta6 2aA?t..a?.i.a.:",''Um or Ulf Coster live OL Vvumftldatlla state siGbway VD. 94ar 400MOMMY ds WA tWLUS Raved, Md tba ceatea lfne of Leffis7atiwe *cube no' 21601, oaaemly knawn so t2m pinata Gap Road: th,= sloes the water 12na Of acid Wactmilie Road south sight,-far (441 dagteas wmit Ow Rmdted Wvxty-six (2261 feet is a spike: thews aloes other Iaoda mm or foteerlr of i. 9. seat, eecth aka 11) dwsrm tumty-fire (at) ditkAu Mat tea mundted 6wv mt)r fire 417st fast to a spike: !bl=ue by the ease nofth alebt-fix 488S doareae teat tae n,mdced Twenty-fire and ibir mmtba (118.4} &at to a spire is the oat= Ltaa of thw mAlloca tap Rmaj thmm almq the owtar lice of said Nillaxs Q!D load M"b sae (i) degrees TW6Utr-:Eivw (20 Vdnates amt 6ae kamdced sarraty-two sad liVa Tmthw 1178.0) feet to the plaap oc ae61-Log. sartag'tbgz-w *-"*a a dwlLtpg boaso flown wad ymwbec sa csvo )rraewwLlle shad. INC?.rwuts,rbvrs. Pmoarlawis. r-w ( w. g Q= 61 = !-.11 i..ifhlita Blcfhnow .." 0melovedi r?ee??lna(sn Olagaid ? CtcNoN,aIW._ @ "Olm?tw et-8 T-899 P612/075 F-153 rrr?? rr.rrrr?,w 71n9PLOt38 10:x9:53 AM CUMBERLAND COLNM tr4t# 200010125 - Page 7 of 7 EXHIBIT B zava department of the Treasury - Interne) Revenue Service Form 668 (Y)(c) Illev. February 2000 Nkvd+ce of Federal Talc Elea Area: Serial Number Fay 0 ' rwl Use Rewrr>ing Otges & I 19V R ARE A # 1 Lion ne: Unit Phen i@n ($00) 829 - 7654 407570807 ?+f 111 rTI, As Provided by section 6321, 6322, and 6323 of the internal Code, we are xhft a trance that taxes (htrhadkg b l"ren am p,e0aidm) 1 (2 X-0 e i 4 ' have beets assesnpd asst the foAowngvamed taxpayer. We have Made a deet=d for paynsent of this fiabilEty. bttt it mn*K tmpaid. li re, R# o"?A17 tlt8re Ls a gent I" ffavar of slat 1laited States air all PropeM and d Ats to PWW bek"W to this tarpaper for the awomt of dMe taxes, a" I additional penaftIM ItHwest, and cons that IZW accrue. r Name of Taxpayer .eMDI BARB Raiddence 6996 WBRTSVILLE BD MRCMM:ECSBURG, PA 17050-1540 I 8 ? MPORTAXT RELis.A I Iidi"OMA710W.* For each assessment Gated below, ? -" unless MIDI of the Gen is renj ad by the date given in oolmnn 1c)r ? rKKk0 shall on the day following such date, operate as a Ce?tfflote of releass as defined in IRC 6325(a). ind of Tax f TAX Pdm Z IdendMw Humber Due* of Assam Last ftv for RWift of of Assn iK e o (b (c) d) (+e? CIW 06/30/2004 XM-XX-7428 11/20/2006 22/20/2016 898 63 CIVP 09/30/2004 )=-XX-7428 11/20/2006 12/20/2026 . 2611 15 CZVP 12/31/2004 X=-XX-7428 11/20/2006 22/20/2016 . 2364 29 CIVP CTVP 03/31/2005 06/30/2005 X= -XX-7428 MM-XX-7428 11/20/2006 11/20/2005 12/20/2016 3-2J20/2016 . 2287.77 2873 94 CIVP CIVP 09/30j2005 12/31/2005 XXK-XX-7428 XXX-XX-7428 11/20/2006 11/20/2006 12/20/2016 12/20/2016 . 3331.10 40 2 7 . 8 2 rlace ar Filing Prothonotary Cumberland County Carlisle. PA 17013 TOW 1$ 17207.60 This notice was prepared and signed at DETROIT, MI , on this, the 05th day of December 2007 Signature .)c- fi. NMW for DZBRA K. RMST (HOM Ceroftraw of afrMf auftrizi Rev. Rui. 71-466, 1971 - 2 C.B. 409) EGt-3 6L0lZ£0d 668_1 ACS 11-00-0000 (800) 829-7650 by law tv take aaknow"ment is Mn a to the vaMw of Notice of Federal Tex Ken -WOHI Z6 LL 80 ,-tZ-TL CCO : GBvd 65ZT-96Z-LL8-T eO :01 Wd 09:9 :army SOOZ/TZ/TT .:9IgQ EXHIBIT B 1.872 " Farm 669 (Y)(t) Department of the Treasury - Internal Revenue Service Morn. Fabnmy zoos, , - Notice of Federal 'rax UDD X. ? ;Ij -j_ F~'rL Area: W Serial Number For Optional ttae t)ffiea ASPS & INV8STHWT AREA #I ?/ A Lien Unit Phone. (goo) 829-769p 294183109 9 - LAN As pravided by simctbn d32#, 632.2, atad "23 of** Intend k*VMe CK- .S" 1 ode, " ar+e *&Ill a l that L azes (fig mom,",[ penal") MW beea MOW amt the FoMaair?g?aamed . we have tirade - / ';'F 04 a demand for paynK of thbr >EtWft, btrt it retnahts ate. Thom: M* , thus it a pmt h? favatr of the Unlteri; States as A pir+ppetty and rights to pr"Oty bdauS tb dds CaoCvi"r for tine arts W* Of t taxes and ? o addfNanal pMa hrteresc, and costs that may ape- j Ue Nerne of Taxpayer RI BARB r Residence 6995 WERTZVILLB RD ' - ' 5 MECHANICSBi3RO, PA 17050-1540 "ORTA T RELMS21t+)EFO MATION'. For each assessment listed wow C.'1 , Was notice of the Nett is reified by the bate given in column (e), this notice shalt , an the day following such date, operate as a certifleste of release as defined In iRC 6328(a). 1Cbtd of Tax Tax 1krlod > ding 1d[?a MWnber pace of Assesment Last D for Mg uapdd BaIte of Aximmum a ( e MW 09/30/2003 XXX-XX-0304 07/26/2004 08/2512024 5075.45 CIVP 12/31/2003 XXX-XK-0304 07/26/2004 08/25/2024 3661.41 Mace 07 Ft7trt9 Prothonotary Cumberland Co=ty Carlisle, PA 17013 Total 10 8736.86 This notice was praptuad and signed at DETROIT, MI the 30th day of may , 2006 Signature: ?- A. ! yt? for DEBRA K. R MM (mom Carptleete of eft er auts+erked by taw to too Rev. Red. 71-400,1971 -2 CA 4491 E91-3 910/Ked 668-1 , on this, 11-ao-noon (800) 829-7650 Mt is not eaaW" to the vprx6ty of Notice of ' Fadsrei Tax Ben -IOSd 19T7:LL $0,-TZ-11 960 : aBVd 65ZT-9GZ-LL9-T 8 :01 Rd 09:9 :autiy 800Z/TZ/TT :GlVa ?HhRrr Q Feral "S (if)(c) Department of the Treasury - Internal Revenue Service teov. Fabna+v 20041 Notice Of fe&'al Tax Lien Area: Serial Number WAGE 6 I33V$? 3 p.M #2 Lien Unit phone: (200) 029-7650 2a666$y+?s As Pravlded by Section 6321, 6322, and 6333 of the Inbem:d Rover lxe Cade, we are Shft a notice *4 wxet (Inclad leff bterest aad p+enait%r) have been an wassed agalast the fOROWL49-na> aed UIVOrrr. We ]rave made a demand fat paymem of this may, belt k MW M aQpaid, Therefam there h a Leta hn favor of the United states on an progeny AW rights to pirq*rty bdoggig to this twqpy+er for the apnowt of these taxes, and additional P"IMUles, Interest„ and casts that way accrue. Residence 6996 IgERTZVILLE RD MECIiMICSBMG, PA. 17050-1540 IMPORTANT "1.MSrE INFORMATION: r-w each amessment listed below, unless notice of the Hers is raffled by the date given in column (e), this nWce shall, on the day foNawing such date, operate as a certificate of release as defined in MC 6325(a). Tax Period I Date of faNd of Tax Rn+d'mg ldekIt ng Nams6er A es aeut C ) ??a 2 IGt91 Sol r, C•3 Last Day for Ulapald Balance ems of Assessment CIVP 09/30/2001 166-46-7428 06/07/2004 07/07/2014 757 20 CIVP 12/31/2001 166-48-7428 06/07/2004 07/07/2014 . 6 94 CIVP 03/31/2002 166-48-7428 06/07/2004 07/07/2014 . 1911 23 CI VP 06/30/2002 166-48-7428 06/07/2004 07/07/2014 . 3349 13 CIVP 09/30/2003 166-48-7428 07/26/2004 08/25/2014 , 508 5 28 CIVP 12/31/2003 166-48-7428 07/26/2004 08/25/2014 . . 3661.41 Place of Filing Prothonotary Cumberland County Carlisle, PA :L?033 Total 10 14773.19 This notice was prepared and signet( at PHILADELPHIA, PA ,ors this, the _ 02nd day of Mauch 2005 Signature i l for p s E 7.2-00-0000 (800) 829-7650 (MOM C' rW!Oa-te of officer autborlaed by few To take aduw&; Vment is not sasentiat to the vaNdRy of Notice of F*dwof Tax Ren Rev. Rul. 71-488. 1371 • 2 C.D. 408) .691-9 5G0!IM 668-1 -61063 Z? LL 80,-2-IL Z80 : 92'Rd 65ZT-9£Z-LL9-T 8 :01 Wd 05:9 :amts 800Z/TZ/TT :GIVU EXHIBIT B 11052611192008 Cumberland County pronotary's PYS510 Civil Case Pr Tlt office Page 1 2004-04732 U S TREASURY DEPARTMENT (v$) BARR RICHARD Reference No. Filed.. 9/21{2004 Case Type._ FFsDkRhL TAX LIEN Time.......... $:15 Jydre Assigned 8983.50 Rxecution Date 0/00/0000 Dis osed Deac _ : L7ury Trial, . . Case Comments ---------- Dispposed Date. 0/00/0000 "'^ X: bier Crt 1.: Hiyacr Crt 2.: t*#dF*******w+rwYse4*ys*dt***wxw?r**w****t****w***ww+k***#*1EieF:frt*t,rikFwtr+kw+k+?ttT+Eia#itJtkatFirkFlr General Index Attorney info U S TREASURY DgpARTMEM PLAINTIFF PITTSBURM OFFICE ROOM 80$ 1000 TTSBURGH LIBERTY 9974 PI B 69-96 AFR RICHARD DEFENDANT MVCHANICSBURG PA 17050 1540 audgment index Amount Date Desc BARB RICHARD 8,983.50 9/21/2004 TAX LIEN www?*w?,??rtw**ww?r?rwwkw,??r???ar,?*,t*wsrw?rw,?vsx*???t*?**;r***tr**?xx;r??srrr?r?rx*a?**?***+?*??*:t * Date Entries w*w******www?rwx?****w****?txw?xri;rwwx+w***wt*-?,t*f*w*,r*?w?w?r?ewwwx***wt**?t*?*********t ENTRY' _ - - _ _ _ _ - _ - - 3/21/2004 FEDERAL TA$ LIEN IN THE AMOUNT FIRST OF N8983.50 - - - - - - - - - - - - - LAST _ RY - - - - - - - - - - - w*a4dr?t********wWrrwwyr**?F*#iFilrsF?ttYlrlrve?kArxYt#x4kiErf?t?t?t:tlr*dE-4?t*?Y?rx?Fir?t?trwk*xh#3ytie$tYfakak?lrst?*ka6k?F * Escrow Info Lion * Fees & Debits Beg Bal Pymt*sAd? Enid Bal ******xwauyvrki.*sF***dr**?r*xw,ewwwww *ir***#at **yF?I* ,eekwvrwxwww?t,bit*?******,S*k**,tatt.**w FED TAX LIEN AUTOMATION FEE 5.00 5.00 .00 -------- ------------ 14.00 _00 14.00 4?t*ir*?F**?k?lrie*x?i?a6yedeaU?t?tdr*:ttE,t*7t#?t*?tr?trw?kwgtlr?w*ie*kie?F?t**ot?t7Fot?tib*'?'*?'*******Yi?txtt*ii,tie?lEwxw?w * Rnd of Case Information *wx?x?rw?:w***#*?x****x**wre?rw?ex*****was:tw**+w**ww***r?xrrwer*ww:a***?tww**w*??r*********? £6T-9 5LOAM 668-1 -WOE TVZ1 801-TZ-TT tZO :a2Ed 65ZT-98Z-LL9-T 8 :oy Rd 05:9 :amTL 800Z/TZ/TT :01'eu 7.J 14,? .S 6...J --D 1 - r SHERIFF'S RETURN - REGULAR CASE NO: 2008-07115 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC VS BARR RICHARD L ET AL KENNETH GOSSERT , 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 1658:00 HOURS, on the 11th day of December-, 2008 at 6996 WERTZVILLE ROAD MECHANICSBURG, PA 17055 by handing to ANN BARR, WIFE 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 Service Affidavit Surcharge '/oala9 CX 18.00 9.00 .00 10.00 .00 ? 37.00 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 12/23/2008 MILSTEAD & A"""C"T"S By: day A. D. CASE NO: 2008-07115 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC VS BARR RICHARD L ET AL KENNETH GOSSERT 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 1658:00;HOURS, on the 11th day of December-, 2008 at 6996 WERTZVILLE ROAD MECHANICSBURG, PA 17055 by handing to ANN BARR 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 Service Affidavit Surcharge i1o"10a 6.00 .00 .OQ 10.0Q .00 16.0 Sworn and Subscibed to before me this of So Answers: V.,? , "* ?.- R. Thomas Kline 'd 12/23/2008 MILSTEAD & ASSOCIATES ?, BY day A. D. D ut S?KerFf_f SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07115 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC 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 THE 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 December 23rd , 2008 , this office was in receipt of the attached return from DAUPHI Sheriff's Costs: So answers- 6.00 Docketing Out of County 9.00 Surcharge 10.00 R. Thomas Klin Dep Dauphin County 41.25 Sheriff of Cumberland County Postage .76 67.01 ? I/C f °9- 12/23/2008 MILSTEAD & AS',SOCIATES Sworn and subscribe to before me this day of , A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Nationstar Mortgw LLC, fka Centrex Home Equity Corporation Richard L. Barr, et al Serve: The United States of America No. 2008-7115Ciy-il c/o U.S. Attorney Now, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dau hin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. *ffidavit of Service Now, , 20 , at o'clock i within upon at by handing to a copy of the original and made known to Thank you. M. served the the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA (Pilixf. of t4 IV Mary Jane Snder R al Estate Depu William T. Tully Solicitor Dauphin County 1?Iarrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy NATIONSTAR MORTGAGE LLC VS THE UNITED STATES OF AMERICA Sheriffs Return No. 2008-T-2538 OTHER COUNTY NO. 20087115 And now: DECEMBER 12, 2008 j at 9:20:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upojn THE UNITED STATES OF AMERICA by personally handing to SUSAN MELENDEZ 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE an4 making known to him/her the contents thereof at C/O US ATTORNEY, 228 WALNUT STREET SUITE 220 HARRISBURG PA 17108 ADMIN. ASSISTANT Sworn and subscribed to ' before me this 22ND day of December, 2008 NOTARIAL SEAL MARY JANE SNYDER, Notary Publi Highspixe, Dauphin County M Commission $ ires Sept 1 2010 So Answers, IeL?C- Shbriff of Dauphin C P . 1 By Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $41.25 12/10/2008 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 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 228 Walnut Street, Suite 220 Harrisburg, PA 17108, Defendants. for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY i No.: 08-7115 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 Plaintiffs damages as follows: As set forth in Complaint $219,805.78 Interest 12/4/08 through 01/16/09 2,052.16 Late Charges 67.12 Additional Corporate Advance 413.75 TOTAL $222,338.81 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. copy attached. ary L. Harbert-Bell, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: JA<7,y . 20 ?1jQ ROTH ARY {00315744} 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 Our file number: 9.09683 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, Defendants COURT OF COMMON PLEAa CUMBERLAND COUNTY No.: 08-7115 Civil Term TO: Richard L. Barr Ann D. Barr 6996 Wertzville Road, 6996 Wertzville Road, Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 DATE OF NOTICE: January 6, 2009 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. 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 (00020971) Page I of 2 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: Mary L. Harbert-Bell, Esquire ID No. 80763 Attorney for Plaintiff (00020971) Page 2 of 2 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 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, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7115 Civil Term VERIFICATION OF NON-MILITARY SERVICE Mary L. Harbert-Bell, 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, 4. defendant, The United States of America c/o U.S. Attorney, is over 18 years of age and resides at 228 Walnut Street, Suite 220, Harrisburg, PA 17108. A Mary L. Harbert-Bell, Esquire (00315744) _U C- _' OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Richard L. Barr Ann D. Barr The United States of America c/o U.S. Attorney Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Richard L. Barr, and Ann D. Barr, and The United States of America c/o U.S. Attorney, Defendants. No.: 08-7115 Civil Term 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 abov roc ing as indicate below. '0p Prothono 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. {00315744} t .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nationstar Mortgage LLC f/k/a Centex Home CIVIL ACTION Equity Corporation, Plaintiff, Vs. ; NO.: 08-7115 Civil Term Richard L. Barr and PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Ann D. Barr, and The United States of America c/o U.S. Attorney, Defendants. 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 The United States of America c/o U.S. Attorney Real Property involved: 6996 Wertzville Road Mechanicsburg, PA 17055 Amount Due Interest from 1/17/09 to 6/10/09 at $36.55 per diem (6%) $222,338.81 TOTAL (Costs to be added) DATE: February 24, 2009 {00326380) Respectively submitted, Milstejtd & Associates, LLC Mary L. Harbert-Bell, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 Ad r.? - N 4 U° 000-()0 8 `n TA co lqb r ..,,, 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 WERTZVILI-E 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 SPIN IN THE CENTER LINE OF THE MILLERS GAP ROAD; THENCE ALONG THE CENTER LINE OF SAID MILLERS GAP 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 69% Wertzville Road, Mechanicsburg, PA 17055 Tax Parcel Number: 13-0985-0061-0000000-38 100326380) JIL t4, 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 Attornev for Plaintiff Nationstar Mortgage LLC f/k/a Centex Home COURT OF COMMON PLEAS Equity Corporation, CUMBERLAND COUNTY Plaintiff, Vs. Richard L. Barr and Ann D. Barr No.: 08-7115 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 and The United States of America c/o U.S. Attorney, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND 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 Ann D. Barr 6996 Wertzville Road 6996 Wertzville Road Mechanicsburg, PA 17055 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: Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U.S. Dept. of Justice U.S. Atty-Middle Dist. of PA Attn: Mary Catherine Frye, Esq. Asst. U.S. Atty Federal Building 1003263801 JNO%A* Commonwealth of PA Bureau of Compliance P.O. Box 280946 Harrisburg, PA 17128-0946 Monarch Products Company, Inc. c/o Wayne F. Shade, Esq. 53 West Pomfret Street Carlisle, PA 17013 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Selective Insurance Company of America c/o Robert D. Kodak, Esq. 407 North Front Street, P.O. Box 11848 Harrisburg, PA 17108-1848 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 slatements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswo falsification to authorities. ary L. Harbert-Bell, Esquire Attorney for Plaintiff Date: February 24, 2009 {003263801 ash rQ rte-' 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 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, Defendants. TAKE NOTICE: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7115 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 10, 2009 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $222,338.81 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. {00326380} 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 9.09683 {00326380} 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 WERTZVR LE 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 MUMS GAP ROAD; THENCE ALONG THE CENTER LINE OF SAID MILLERS GAP 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: 13-0985-0061-0000000-38 100326380) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7115 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONASTAR MORTGAGE LLC f/k/a CENTEX HOME EQUITY CORPORATION, Plaintiff (s) From RICHARD L. BARR and ANN D. BARR and THE UNITED STATES OF AMERICA c/o U.S. ATTORNEY (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 $222,338.81 L.L. $.50 Interest from 1/17/09 to 6/10/09 at $36.55 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $239.01 Other Costs to be Added Plaintiff Paid Date: 2/25/09 (Seal) By: is R. Lon l, Prothonot Deputy REQUESTING PARTY: Name: MARY L. HARBERT-BELL, 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. 80763 I In the Court of Common Pleas of Cumberland CdLmty, Pennsylvania Writ No. 2008-7115 Civil Nationstar Mortgage LLC, f/k/a Centex Home Equity Corporation Vs Richard L. Barr and Ann D. Barr Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 6, 2009 at 1705 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 L. Barr and Ann D. Barr, personally, at, 6996 Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to them personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0818 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 6996 Wertzville Road, Mechanicsburg PA 17055. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. Sheriffs Costs Docketing 30.00 Poundage 2.82 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 18.00 Levy 15.00 Surcharge 30.00 Share of bills 15.43 ? 143.75 So Answers: CID - H 12 I R R. Thomas Kline, Sheriff BY Real Estate Coordinator _ -: 0 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 ; COURT OF COMMON PLEAS Equity Corporation, CUMBERLAND COUNTY Plaintiff, Vs. Richard L. Barr and Ann D. Barr and The United States of America c/o U.S. Attorney, ' Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND No.: 08-7115 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 Ann D. Barr 6996 Wertzville Road 6996 Wertzville Road Mechanicsburg, PA 17055 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: Internal Revenue Service Federated Investors Tower 13'' Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U.S. Dept. of Justice U.S. Atty-Middle Dist. of PA Attn: Mary Catherine Frye, Esq. Asst. U.S. Atty Federal Building {00326380} Commonwealth of PA Bureau of Compliance P.O. Box 280946 Harrisburg, PA 17128-0946 Monarch Products Company, Inc. c/o Wayne F. Shade, Esq. 53 West Pomfret Street Carlisle, PA 17013 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Selective Insurance Company of America c/o Robert D. Kodak, Esq. 407 North Front Street, P.O. Box 11848 Harrisburg, PA 17108-1848 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 tements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswo falsification to authorities. Mary L. Harbert-Bell, Esquire Attorney for Plaintiff Date: February 24, 2009 {00326380} 0 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, Defendants. TAKE NOTICE: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7115 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 10, 2009 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $222,338.81 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. {00326380} 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 9.09683 100326380) 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: BEGM41NO 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 MII.LERS GAP ROAD; THENCE ALONG THE CENTER LINE OF SAID WERTLVIIL.E ROAD SOUTH EIGHTY-FOUR OTHER LANDS NOW OR FORMERLY TWENTY-SIX OF ?? R. (E. 6 BESET, NTO A OR ?ONEME(1) EGREE 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 SPIN IN THE CENTER LINE OF THE MILLERS GAP ROAD; THENCE ALONG THE CENTER LINE OF SAID MILLERS GAP 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: 13-0985-0061-0000000-38 {00326380) WRIT OF EXECUTION and/or ATTACHMENT COMMO'dWEAVrH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7115 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONASTAR MORTGAGE LLC f/k/a CENTEX HOME EQUITY CORPORATION, Plaintiff (s) From RICHARD L. BARR and ANN D. BARR and THE UNITED STATES OF AMERICA c/o U.S. ATTORNEY (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 $222,338.81 L.L. $.50 Interest from 1/17/09 to 6/10/09 at $36.55 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $239.01 Plaintiff Paid Date: 2/25/09 (Seal) Other Costs to be Added (IJA Curtis R. Lorothono By: Deputy REQUESTING PARTY: Name: MARY L. HARBERT-BELL, 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. 80763 Real Estate Sale # 88 On March 5, 2009 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 5, 2009 B''' I-XQlL?- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7115 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 AND THE UNITED STATES OF AMERICA C/O U.S. ATTORNEY (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: $222,338.81 L. L.: Interest FROM 1/17/09 TO 9/7/11 AT $36.55 PER DIEM (6%) Arty's Comm: % Due Prothy: $2.00 Arty Paid: $404.26 Other Costs: TO BE ADDED Plaintiff Paid: DatA: 6/611 ? lx'6L v David D. ell, Prot oip (Sea)) By: Deputy REQUESTING PARTY: Name: PATRICK J. WESNER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 203145 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, and The United States of America c/o U.S. Attorney, Defendants. CIVIL ACTION NO.: 08-7115 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: xrn ? - . Richard L. Barr ' -,r. 8 Ann D. Barr cn C7a .- n The United States of America c/o U.S. Attorney ' ? :Gt ? N ac~' fii Real Property involved: 6996 Wertzville Road -- ? Mechanicsburg, PA 17055 3 Amount Due Interest from 1/17/09 to 9/7/11 at $36.55 per diem (6%) TOTAL (Costs to be added) DATE: June 3, 2 11 a d 2 y D/) #q al'a` l- 437.66 L??IC 143 7 6- 7F• so / t/• d G ,f/ {00589861} av.OG $222,338.81 Respectively submitted, Milstead & Associ s LL Patrick J. W er, Esquire Attorney 220 Lake D East, Suite 301 Cherry Hill, NJ 08002 V. 6v 1".w e'2?. 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 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 GAP ROAD; THENCE ALONG THE CENTER LINE OF SAID MILLERS GAP 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: 13-0985-0061-0000000-38 {00589861} MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 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 Our File No. 9.09683 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7115 Civil Term Withdrawal and Entry of Appearance The United States of America c/o U.S. Attorney, I -a ON - C:) ? C C:7 •-r? F Defendant(s). WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Mary L. Harbert-Bell, Esquire as counsel for the Plaintiff, and enter my appearance on behalf of the Plaintiff, Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation, in the above captioned matter. MILSTEAD & AS BY: 1 "I r MAR V. HARBERT-BELL, ESQ Withdra ing Attorney MILSTEAD & ASSOCIATES, LLC BY PA Att {00589843} IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RCHARD L. BARR ANN D. BARR Chapter: 13 Debtor(s) CHARLES J. DEHART, III, TRUSTEE Movant(s) vs. RICHARD L. BARR ANN D. BARR Respondent(s) Case Number: 09-02506 ORDER DISMISSING CASE C=3 -ca3 ? zM -mss r Upon consideration of the Trustee's Certificate of Default of Stipulation in settlement of the Trustee's prior Motion to Dismiss case for material default and it having been determined that this case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. Dated: January 28, 2011 By the Court, . ` - Roben N. Opel, 11, Bankniptcy Judge B4 MDPA-Dismiss Case.WPT- REV 03109 Case 1:09-bk-02506-RNO Doc 105 Filed 01/28/11 Entered 01/28/11 10:20:01 Desc Main Document Page 1 of 1 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 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, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7115 Civil Term AFFIDAVIT OF SERVICE - -, f PURSUANT TO RULE 3129.1 C: _-' 00 m ? M -rl :Z: Cn -? ?' rn c3 c -` - c7 N om, 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. Ban 6996 Wertzville Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Same as above Internal Revenue Service 1000 Liberty Avenue, Room 112 Pittsburgh, PA 15222 {00589861} 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 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Commonwealth of PA Bureau of Compliance P.O. Box 280946 Harrisburg, PA 17128-0946 Selective Insurance Company of America c/o Robert D. Kodak, Esq. 407 North Front Street, P.O. Box 11848 Harrisburg, PA 17108-1848 Monarch Products Company, Inc. c/o Wayne F. Shade, Esq. 53 West Pomfret Street Carlisle, PA 17013 Penn Waste, Inc. P.O. Box 3066 York, PA 17402 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 {00589861} 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 unworn falsificatjbn to authorities. Patrick J. W, Attorney for Date: June 3, 2011 {00589861} MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 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, Defendants. TAKE NOTICE: COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7115 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 C ? ` z r- cnr' = C, C? Your house (real estate) at 6996 Wertzville Road, Mechanicsburg, PA 17055, is scheduled to be sold at sheriff's sale on September 7, 2011 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $222,338.81 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 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. {00589861) 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 9.09683 {00589861} 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 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 GAP ROAD; THENCE ALONG THE CENTER LINE OF SAID MILLERS GAP 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: 13-0985-0061-0000000-38 {00589861} 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 WERTZVII LE 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 GAP ROAD; THENCE ALONG THE CENTER LINE OF SAID MILLERS GAP 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: 13-0985-0061-0000000-38 {00589861} MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 _ w ::1T:!0 N 01r 220 Lake Drive East, Suite 301 Cherry Hill NJ 08002 ' 2 6 } r ; 10: '-J'S (856) 482-1400 Attorney for Plaintiff {ARIBERt AUD COUNTY p 1"' Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. Richard L. Barr and Ann D. Barr and The United States of America c/o U.S. Attorney, Defendants. 1, Patrick J. Wesner, Esquire, say: NO.: 08-7115 Civil Term AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.2 1. On June 20, 2011, a copy of the Notice of Sheriffs Sale of Real Property was served upon the defendants, Richard L. Barr and Ann D. Barr, by a private process server. Copies of the service returns are attached hereto and made a part hereof as Exhibit "A". 2. On June 29, 2011, a copy of the Notice of Sheriff's Sale of Real Property was served upon the defendant, The United States of America c/o U.S. Attorney, by certified mail, return receipt requested. Copies of the signed certified cards are attached hereto and made a part hereof as Exhibit "B". 3. On April 1, 2011 and September 6, 2011, a notice of Sheriff s Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "C". I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Dated: September 20, 2011 Patrick esner, Esquire Attorn No. 203145 Milstead and Associates, LLC (00635077) 1. 003 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE LLC F/K/A CENTEX HOME EQUITY CORPORATION; et seq. Plaintiff (Petitioner) V. RICHARD L. BARR; et al. Defendant (Respondent) CASE and/or DOCKET No.: 08-7115 CIVIL TERM Sheriffs Sale Date: 9/7/2011 AFFIDAVIT OF SERVICE Complaint Summons J Other: NOTICE OF SALE I, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party, and that I attempted to serve ANN D. BARR the above process on the 20 day of June, 2011, at 6:20 o'clock, PM, at 6996 Wertzville Road Mechanicsburg, PA 17055 , County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: J By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found * By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides * By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof * * Name: MARSHA LYNN Relationship/Title/Position: Co-Resident Remarks: Description: Approximate Age 46-50 Height 5'4 Weight 175 Race WHITE Sex FEMALE Hair BLONDE Military Status: J No Yes Branch: Commonwealth/State of /A ) SS: County of Before me, the undersigned otary public, this day, personally, appeared being duly sworn accordin o law, deposes the following: ,&h M&cn to me known, who I hereby swear or affi4#4t the facts set forth in the foregoing Affidavit of Service are true and correct. of Affiant) File Number:9.09683 Subscribed sw rn to before me this ZI day o , AL-t , 20 N . coMMONWEAL O PPENN Notary Public Eric M. Aflh rbech Notary Public WomIngt ii WP., aerks County res (Wv.18 2013 ^ OrMnm T-• •? L iJ :v?• IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE LLC F/K/A CENTEX HOME EQUITY CORPORATION; et seq. Plaintiff (Petitioner) V. RICHARD L. BARR; et al. Defendant (Respondent) CASE and/or DOCKET No.: 08-7115 CIVIL TERM Sheriffs Sale Date: 9/7/2011 AFFIDAVIT OF SERVICE Complaint Summons J Other: NOTICE OF SALE I, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that I attempted to serve RICHARD L. BARR the above process on the 20 day of June, 2011, at 6:20 o'clock, PM, at 6996 Wertzville Road Mechanicsburg, PA 17055, County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: J By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found * By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides * By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s) agent or to the person for the time being in charge thereof * * Name: MARSHA LYNN Relationship/Title/Position: Co-Resident Remarks: Description: Approximate Age 46-50 Height 5'4 Weight 175 Race WHITE Sex FEMALE Hair BLONDE Military Status: J No Yes Branch: Commonwealth/State of M ) SS: ) County of 8,C et-5 Before me, the undersigned/notary public, this day, personally, appeared R !j A,. M a.r 1, f to me known, who being duly sworn accordin to law, deposes the following: I hereby swear or aff" tat the facts set forth in the foregoing Affidavit of Service are true and correct. of Affiant) File Number:9 Subscribed an wo o before me this 2 r day o 20_. L Notarial Seal Notary Public Eric M. Al wbach, Notary Public Washington Twp., Barks County My Cornni s_on.No_v_ 16 2013 2. Article Number eax L'1(411 C. SbMture 7160 3901 9649 1705 3780 X D. Is delivery address different from Item 17 K YES, enter delivery address below: 3. Service Trype CERTIFIED MAIL 4. Restricted Delivery? (Extra Fse) Yes 1. Article Addressed to: Inited States Dept. Of JUSOCe (.S. Atty-Middle )istr;Ct ,) ?A -Attn: Mary Catnerine. Frye, 9.09683 ?squ;rt - Assistant U.S. Attoroev ,odcral Building - 228 Walnut Street '.O. Box 1.1754 G W - a;Tisburg, PA 17108 'S Form 3811, January 2005 I? No 2. Article Number Domestic Return Receipt L.] Addressee ? Yes ? No PS Form 3811, January 2005 Domestic Return Receipt fi'r'mal R.eser"':e;:rvice 1000 LJO-Criy Wjoni 1 12 I Gw E N C N LL; N O N N N O d L c6 m t0 ? E C p U? c0 a 0- U C 3 ? ? _ V L) ;? (D N N O G 4) 3 U C N N LL U L . C C C N C) cE N N i C3 V U O 2 U C 0 V C 0 rn 'N O U cQ O u N N p` O C N m L N a) n C Q C t6 E m> ' y- O U N = N U) LL p O D _ A U O. N L d0 mtH C) d N R . C N.Ua c CLC O_? lnN mm O E:6 ? y N C E -5 N .a cn w o C r?o NLL c) D' ?W m N X O ai d ='a . Q C N E Q LL y p ? - ? X N U f6 t i? n N D c j (6 N Q N N 15 E Q.O n._ - N U ) D a b c L W 5 U N • 0 N U ~ d V C E p t co (D U7 w C! -0 N E X cO V '2a Ea O'O 1 mC UE c . m a m 2 m v L 1 rt f n -0 a N C E C L 7 N 3m ? w E° E O m N=°_ CD 'ova - C c0 m m N c> mUO gO - °1v°O21 E62 o p p 7 p 0 0 N MO) IT >? Q j Li' I r I I CA p C to I 1 a ? T N L U O m = CL CC E ? r W ) m N CL C LL L (, N w U F- N a N '??Or rn ? Q o a) NO N S UU N ? I E U O o co O c0 >< . LL z a m Cd ti p a) -? WO O N d N > 0 N ? W ?+ ..... N a y cr\ C CS' Pr 0 ty o y U 0 q p W 4) ^ r) W 4) 00 \ 0 0 o ?" 4 9 o a °' t-_ o - - o .5 - a _ a coo 3r¢ gU ?o Y 41 x o ¢ A !F oa° N y °' cNa° a od °c°'UNa oGx oQ Ari w ec, ??-- ? U p v .? p a) x a) p t?l o x. P a ai + cNC iMt Q L. w1 i J Y N O z id z ??+ O .O N r?Ti' .? O z ..O ca Pa V cd m6 )cl?' '.? vi ? V .c p .D Vs. 0 z 00 3 O py C w N o& o N M tC O O r- 00 El o cd (D o o QM? Eye UAax AU ,U Ut?a;x v nU v?<C ??r aa;? 0 U a .' o U)0 WOW2 o ? Q!^ a)° °aZ u £? oa r my c ? LL p= - 7 a a m c 0 Y w S cCE Z n J f` L 7 ~ a Z 0 m Z N y C U a L i C) N U J N M et tp c0 N 0 p QI N G > N C F- a. CO n F- a c n n n Q Y U - :E c Q LL C W 0. W Q U_ z 0 LL L? f a ytf. 0.a. 41 r? dltNO O W O -1 9 m o LO ? T E Q1 LL b W Y- O S' 00 f? cn !6 N N La p N p - N- N U? T j o 16 0 r CS i °•"• ma -v -avnv N • N n E c ... Y d S n Ljj S 4?A1" Cl O m - N N C N W y - 7 U C W C C C N OL OL t6 U N LY I ,? ;i? 6 d.ul U; U W O C 'O ? L U . N? S O. R. N Z U C O V C U L w ?_ t•? ??•, O C N (D C> CL 8 8 C-4 0 (d u) LL ..... t7 J ? , -F, CD cm) W Ull 4) ' U TC N .C p s ..... Q3 1fN?? N o< ° :t-' y t6 to N 69- a N L A d CL,:- N . -? c? r> E f E p m v tIj LL o. v c :t:f lL n N C N ;'.L Pk ? C N X O E N °C N r i _ E (a O N y 7 N C Q O LY LL M •r O N N` 7 E N .+ E l m d 0 X N U N UP 7 •?, Eanp «' y 0 7 ? .a Z ° N X N .T• E w°. W y L • O ° C N F - C E o.c y U C O LL U E ' r C C U N c '3 C Q E L c0 L p N .O N N O - N O O F- O lC w o m N E O O O 'a 'U L C N N ? x( 'p) N L N • . N N C ? I - Lo F- T t3 CA E 64 o ° a N o ? w Ll N N N_ L t . 7 < LY. ? ? cm N C N U (tl N T C C =U O n d' aEi c a rn N c 5 N N ? LL L h '(D v m ° Q1 L; ' N a p - O Uc U o Om z x0110 o a Uy ? Fi N Y c H O O 6 Y CIO Y Y Y ? Y 00 N ? 6 (D PL, a) 0 :j 0 00 4, 00 cd a) a;? o a> ? ido?P. o cd 0 b o41P. cd o?P. 0 a Y ? 9 ? -c d o a a) C's U !ac _ y cd 0 a N'n L C'? O w S:l O G o x 0 ° IO Z C, 4 El° 4. p P ? O ° w a O (? y W y N ' . O? U O h 0 0 N o o ` O N O p Cad ir O; x S Qm C7?o UQ ?UWL ? UGC ?Urn UPgP. o - Up o .? ca O 0 (D O 0 U) w CO Q N N° v 4).2 ? ° ? LL LL E a 7 ? -0 y V N Z 2 7 J Z N ~ U J p N _ N O (O U G NU N U) cD n D ~ d (n Q_ IL U IJ J Lll UI N Z O_ O a a a t W J LL O W r2 H d O z C7 W CD m ti r o•? o O LL cq n Cl) a ° SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff?,?r ati„ uy?ff f i .;; Jody S Smith AN Chief Deputy 24 lo: tf ,j Richard W Stewart Solicitor Nationstar Mortgage LLC Case Number vs. Richard L Barr (et al.) 2008-7115 SHERIFF'S RETURN OF SERVICE 06/20/2011 12:27 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 6996 Wertzville Road, Mechanicsburg, PA 17055, Cumberland County. 06/20/2011 12:27 PM - Deputy Stephen Bender, being duly sworn"according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Ann D Barr at 6996 Wertzville Road, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 06/24/2011 05:53 PM - Deputy Michelle Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be SERVED ANN BARR- WIFE, who accepted as "Adult Person in Charge" for Richard L Barr at 6996 Wertzville Road, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 09/02/2011 As directed by Patrick J. Wesner, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/2011 10/05/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA on October 5, 2011 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Patrick Wesner on behalf of Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation at 350 Highland Dr. Lewisville TX. 75067. Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation, being the buyer in this execution, paid to the Sheriff the sum of $1,056.10 01/24/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SHERIFF COST: $1,056.10 January 24, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF q-3 (X) l d . G - ?? C wu ySaite 1,nentt. Teie.osot7. Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - Sheriff r =_ - Jody S Smith f) ; 7 a .,t' Chief Deputy •,, t, : 21' h Richard W Stewart Solicitor ?C'EM;y?i? LV,1 F, JEa Nationstar Mortgage LLC vs. Case Number . Richard L Barr (et al.) 2008-7115 SHERIFF'S RETURN OF SERVICE 06/20/2011 12:27 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 6996 Wertzville Road, Mechanicsburg, PA 17055, Cumberland County. 06/20/2011 12:27 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Ann D Barr at 6996 Wertzville Road, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 06/24/2011 05:53 PM - Deputy Michelle Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be SERVED ANN BARR- WIFE, who accepted as "Adult Person in Charge" for Richard L Barr at 6996 Wertzville Road, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 09/02/2011 As directed by Patrick J. Wesner, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/2011 10/05/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA on October 5, 2011 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Patrick Wesner on behalf of Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation at 350 Highland Dr. Lewisville TX. 75067. Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation, being the buyer in this execution, paid to the Sheriff the sum of $1,056.10 01/24/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SHERIFF COST: $1,056.10 SO ANSWERS, (y-Z, January 24, 2012 RON R ANDERSON, SHERIFF 11 v? 7e /? MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 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. i i Richard L. Barr and i Ann D. Barr and i The United States of America c/o U.S. Attorney Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7115 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 Internal Revenue Service 1000 Liberty Avenue, Room 112 Pittsburgh, PA 15222 {00589861} r 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 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Commonwealth of PA Bureau of Compliance P.O. Box 280946 Harrisburg, PA 17128-0946 Monarch Products Company, Inc. c/o Wayne F. Shade, Esq. 53 West Pomfret Street Carlisle, PA 17013 Selective Insurance Company of America c/o Robert D. Kodak, Esq. 407 North Front Street, P.O. Box 1] 848 Harrisburg, PA 17108-1848 Penn Waste, Inc. P.O. Box 3066 York, PA 17402 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 {00589861} r Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 1 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. l Patrick J. We" er, Esquire Attorney for?jaintif Date: June 3, 2011 {00589861} MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 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, Defendants. TAKE NOTICE: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-7115 Civil Term NOTICE OF SHERIFF'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 September 7, 2011 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $222,338.81 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. {00589861} 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 9.09683 (00589861) 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 SPIN; 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 GAP ROAD; THENCE ALONG THE CENTER LINE OF SAID MILLERS GAP 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: 13-0985-0061-0000000-38 (00589861) WRIT OF EXEC>LTICN anc/or A"'" -AC7'VT7N7 COMMONWEALTH OF PENNSY LVANLA) COUNTY OF CUMBERLAND) NC) 08-7115 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NAT IONSTAR MORTGAGE LLC F/K/A CENTEX HOME EQUITY CORPORATION Plaintiff (s) From RICHARD L BARR AND ANN D. BARR AND THE UNITED STATES OF AMERICA C/O U.S. ATTORNEY (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 lie/she has been added as a garnishee and is enjoined as above stated. Amount Due: $222,338.81 L. L.: Interest FROM 1/17/09 TO 9/7/11 AT $36.55 PER DIEM (6%) Atty's Comm: °i0 Due Prothy: $2.00 Atty Paid: $404.26 Other Costs: TO BE ADDED Plaintiff Paid: Date: 6/6/11 David D. Buell, Prothonot (Seal) B Deputy REQUESTING PARTY: Name: PATRICK J. WESNER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 203145 TRUE COPY FROM RECORD In Testimony whereof, I her unto set roy haul and the se--I of said Court at Carlisle, Fa. This ixr day of. -k1Nli ,2G 11 Prothonotary 4a 64?? On June 9, 2011 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: June 9, 2011 By: ealCEstate Coordinator 2008-7115 Civil Term Nationstar Mortgage LLC Vs Richard L Barr Ann D Barr Atty: Patrick J. Wesner 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 '16 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 Gap Road; Thence Along The Center Line Of Said Millers Gap Road South One (1) Degree "Twenty-Five (25) Minutes East One Hundred Seventy-Twu And Five Tenths (172.5; Feet To The Place Of Beginning. Being Known As 6996 Wertzville Road. Mechanicsburg. Pa 17055 Tax Parcel Number: 13-0985-(061- 000(t000-38 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4e Patti* ot-Nevus 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/15/11 07/22/11 C 1 07/29/11 Sworn to and s ascribed be 0e met is-1 cjay of August, 2011 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal ?I Sherrie L. Kisner, Notary Public Lower Paxton Twp., Dauphin County f My Commission Expires Nov. 26, 2011 Member. Pennsvivanla Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Nationstar Mortgage LLC f/kla Centex Equity Corporation is the grantee the same having been sold to said grantee on the 5 day of October A.D., 2011, under and by virtue of a writ Execution issued on the 6 day of June, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 7115, at the suit of Nationstar Mortgage LLC flk/a Centex Home Equity Corporation against Richard L. Barr and Ann D. Barr is duly recorded as Instrument Number 201202274. IN TESTIMONY WHEREOF, I have hereunto set my hand and sAl of said office this L? day of A.D. f -- Recorder of Deeds 1 4? Recorder d Cu+ iWwd Cour ty, Carlisle, PA ' 96A My Cort W"? Expires the Fist Monday of Jan. 2014