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Home My WebLink About12-2250MILSTEAD & 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 C"7 P -a ("!'j x?. ?n r- r -- Our file number: 9.09683 r' ? co Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation 350 Highland Drive Lewisville, TX 75067, Plaintiff, Vs. Richard L. Barr and Ann D. Barr and Known/Unknown Occupants 6996 Wertzville Road Mechanicsburg, PA 17055, Defendants. COURT OF COMMON PLEAS-., CUMBERLAND COUNTY No.: /a -Z1,5d 0i"11-Ferin CIVIL ACTION (REAL PROPERTY) LEASE OR EJECTMENT --i r-r? --4 You have been sued in Court. If you wish to defend against the claims set forth on 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 an attorney and filing in writing with the Court, your defense or objects 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 claims or relief requested by the Plaintiff. You may lose money or personal 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 S 103.75 PD A7711 C*91130 =#02'73559 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. {00127654} 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 Our file number: 9.09683 Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation 350 Highland Drive Lewisville, TX 75067, Plaintiff, Vs. Richard L. Barr and Ann D. Barr and Known/Unknown Occupants 6996 Wertzville Road Mechanicsburg, PA 17055, Defendants. COURT OF COMMON FLEAS CUMBERLAND COUNTY No.: 08-7115 Civil Term COMPLAINT IN EJECTMENT 1. Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation (herein referred to as "Plaintiff") is a bank, conducting business under the laws of the Commonwealth of Pennsylvania and brings this Ejectment action against Defendants, Richard L. Barr and Ann D. Barr and Known/Unknown Occupants (the "Defendants"). 2. Defendants are the individuals occupying 6996 Wertzville Road, Mechanicsburg, PA 17055, (hereinafter referred to as "Premises") more fully described in the legal description attached as Exhibit "A". 3. Plaintiff is the record owner of the Premises where Defendants reside having filed a Complaint in Mortgage Foreclosure proceeded to judgment in that action and acquired Title to the Premises by a Sheriff Sale, which took place on October 5, 2011 in favor of Plaintiff. The Sheriff's Deed was recorded on January 24, 2012 in Instrument Number 201202274. A true and correct copy of the recorded Sheriff s Deed is attached hereto as Exhibit "B". 4. The Defendants have no valid legal right to possession and Title to the Premises. 5. Plaintiff claims the right to possession of the Premises to the exclusion of the Defendants. WHEREFORE, Plaintiff seeks to recover possession of said Premises. MILSTEAD & ASSOCIATES, LLC By: Patrick Mesner, Esquire ID No. 210314 1 5 Attorney for - tiff VERIFICATION I, Patrick J. Wesner, Esquire, 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 Ejectment 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. MILSTEAD & ASSOCIATES, LLC By-Pal-rick J /Wesn r, Esquire ID No. 2031 5 Attorney for amtiff 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 WERYLVILLE 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 MII LERS GAP ROAD SOUTH ONE (1) DEGREE TWENTY-FIVE (25) MINUTES EAST ONE HUNDRED SEVENTSi -TWO ANDTIVE TENTHS (172.5) FEET TO THE PLACE OF BEGINNING. Being Down as 6996 Wertzville Road, Mechanicsburg, PA 17055 Tax Parcel Number: 38-13-0985-0061 BEING the same premises which Irene C. Cekovich, Executrix of the Last Will and Testament of Jean A. Cekovich, Deceased, by Deed dated March 31, 1998 and recorded April 1, 1998 in the Office of the Recorder of Deeds in and for the County of Cumberland in Book 174 Page 627, granted and conveyed unto Richard L. Barr and Ann D. Barr, Husband and Wife. EXHIBIT A z50azh ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201202274 Recorded On 1/24/2012 At 10:31:20 AM * Instrument Type - DEED-SHERIFF'S Invoice Number -100660 User ID - KW * Grantor - BARB, RICHARD L * Grantee - NATIONSTAR MORTGAGE LLC * Customer - SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY SCHOOL $0.00 DISTRICT SILVER SPRING TOWNSHIP $0.00 TOTAL PAID $63.00 q,oqw) * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA C RECORDER OF DDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002JDO EXHIBIT' C. 11111111111111 Tax Parcel No. 38-13-0985-061 Know all Men by these Presents That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar) to me in hand paid, do hereby grant and convey to Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation Writ No. 2008-7115 Civil Term Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation Vs Richard L. Barr Ann D. Barr ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATE IN SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS TO Wrr: 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: 38-13-0985-0061 BEING the same premises which Irene C. Cekovich, Executrix of the Last Will and Testament of Jean A. Cekovich, Deceased, by Deed dated March 31, 1998 and recorded April 1, 1998 in the Office of the Recorder of Deeds in and for the County of Cumberland in Book 174 Page 627, granted and conveyed unto Richard L. Barr and Ann D. Barr, Husband and Wife. The same having been sold by me to the said grantee on the 5"' day of October Anno Domini Two Thousand and Eleven (2011) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 6th of June Anno Domini 2011 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Eight (2008) Number 7115 at the suit of Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation -vs- Richard L. Barr and Ann D. Barr In Witness Whereof, I have hereunto affixed my signature this 1 s t d of December Anno Domini Two Thousand and Eleven (2011) U l,o R. Anderson, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 1st day of December Anno Domini Two Thousand and Eleven (2011) ?n ?° ?! i . r : l i l t s "/ . / 4,0-P Frottf-onotary Prothonotary, CwnberWW County, Carltsle, PA My Conuntuton fxpir" the 09 Mor*y 611m,2014 I hereby certify that the residence And Post Office address of the Within Grantee is 350 Highland Drive Lewisville, TX 75067 Richard W. Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 2 3 PM 12: 11 "UMBERLAND COUNTY F'ENNsYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor Nationstar Mortgage LLC vs. Case Number Richard L Barr (et al.) 2012-2250 SHERIFF'S RETURN OF SERVICE 04/16/2012 05.20 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2012 at 1720 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Ann D. Barr, by making known unto herself personally, at 6 6 Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents anol at thee time handing to her personally the said true and correct copy of the same. I Sl?AWN FrARFRISON, DEPUTY 04/16/2012 05:20 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2012 at 1720 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Richard L. Barr, by making known unto himself personally, at 6996 Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its cont s,?nd he same time handing to him personally the said true and correct copy of the same. SH N HARRISON, DEPUTY 04/18/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 6996 Wertzville Road, Mechanicsburg, Pennsylvania 17050, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Occupant. Request for service at 6996 Wertzville Road, Mechanicsburg, Pennsylvania 17050. Richard L. and Ann D. Barr, Husband and Wife are the only residents of 6996 Wertzville Road, Mechanicsburg, Pennsylvania 17050 SHERIFF COST: $75.00 April 18, 2012 SO ANSWERS, RONW R ANDERSON, SHERIFF 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 Ann D. Barr Known/Unknown Occupants Defendants. TO THE PROTHONOTARY: :14 -n , 21 P JBERLAND COUNTY EF-I SY(..V, IA Attorney for Plamti File No. 9.09683 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 12-2250 Praecipe to Dismiss Defendant Known/Unknown Occupants Only from the Eiectment Action Kindly dismiss Known/Unknown Occupants Only as a Defendant from the above captioned Ejectment Action. ?- -% I. Q so Ot T ? ass ? {00197357} MILSTEAD & ASSOCIATES, LLC 102 WRI'T' OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE LLC F/K/A CENTEX HOME EQUITY CORPORATION VS. RICHARD L. BARR ANN D', BARR 6996 WIERTZVILLE ROAD MECHANICSBURG, PA 17055 Attorney's Plaintiff's Prothonotary No. 12-2250 Civil Term- $233.25 $ 2.25 Costs COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) NATIONSTAR MORTGAGE LLC F/K/A CENTEX HOME EQUITY CORPORATION being: (Premises as follows): 6996 WFRTZVILLE ROAD, MECHANICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. David D. Buell, Prothonotary, Common Pleas Court of Cumberland County, PA Date 5/24/12 (Seal) 2of2 No 12-2250 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE LLC F/K/A CENTEX HOME EQUITY CORPORATION VS. RICHARD L. BARR AND ANN D. BARR WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 233.25 Plff (s) $ Prothy $ 2.25 Sheriff $ Plaintiff (s) attorney name and address: PATRICK J. WESNER, ESQUIRE - ID#203145 MILSTEAD & ASSOCIATES, LLC 220 Lake Drive E., Suite 301 Cherry Hill, NJ 08002 856-482-1400 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the _ day of , . I caused the within named to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy Milstead & Associates, LLC BY: Patrick J. Wesner, Esquire Attorney ID# 203145 Woodland Falls Corporate Park 220 Lake Drive E., Ste 301 Cherry Hill, NJ 08002 856-482-1400 Attorneys fl6r Plaintiff File No. 34.14843 ?SERLAN COUNTY 1-1 i:P t-is 'LVANIA Nationstar Mortgage LLC f/k/a Centex Home EgOity Corporation Plaintiff, Vs. Richard L Barr Ann D. Bair Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No.: 12-2250 Praecipe to Issue Writ of Possession TO THE PROTHONOTARY. Kindly Issue the Writ of Possession in the above matter, for possession of: 6996 Wertzville Road Mechanicburg, PA 17055 (see attached description) Patrick J. esn , Esquire S Attorney fo Pl ntiff $ o7Q' ? ? ? ID 4203145 auk a 220 Lake Drive East, Suite 301 7S w Cherry Hill, NJ 08002 1 7S 11 l? 856-482-1400 01.S(), Y ??-5 57-?Q 4&D. as tie 6. {00650129} j7 ? Q '7 S U s 1 ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATE IN SILVER SPRING TOWNSHIP, CUMBEIUAND 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 LEGISL TTVE ROUTE NO.21001, COMMONLY KNOWN AS THE MILLERS GAP ROAD; THENCE ALONG CENTER LINE OF SAID WERTZVILLE ROAD SOUTH EIGHTY-FOUR (84) DEGREES WEST 0 HUNDRED TWENTY-SIX (126) FEET TO A SPIKE; THENCE ALONG OTHER LANDS NOW O FORMERLY OF R E. BEST, NORTH ONE (1) DEGREE TWENTY-FIVE (25) MINUTES WEST 0 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 T A SPIKE IN THE CENTER LINE OF THE MILLERS GAP ROAD; THENCE ALONG THE CENTS LllNE OF SAID MILLERS GAP ROAD SOUTH ONE (1) DEGREE TWENTY-FIVE (25) MINUT 5 EAST ONE HUNDRED SEVENTY-TWO AND FIVE TENTHS (172.5) FEET TO THE PLACE " OF BEG NNING. Being knz wn as 6996 Werbw le Road, Mechanicsburg, PA 17055 Tax Parcel Number: 38-13-0985-0061 BEING{ the same premises which Irene C. Cekovich, Executrix of the Last Will and Testament of Jean A. Cekovich, Deceased, by Deed dated March 31, 1998 and recorded -April 1a 1998 in the Office of the Recorder of Deeds in and for the County o? Cunzbe?land in Book 174 Page 627, granted and conveyed unto Richard L. Barr and Ann D. Barn Husband and Wife. EXHIBIT Al MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ATTORNEY ID NO.: 203145 Woodland Falls Corporate Park 220 Lake Drive E., Ste 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff File # 9.09683 Nationsta? Mortgage LLC Vk/a Centex Home Equity Corporation Plaintiff, -' N COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. Richard L Barr Ann D. Barr Defendants. Case No.: 12-2250 PRAECIPE TO ENTER JUDGMENT FOR POSSESSION TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff, Nationstar Mortgage, LLC f/k/a Centex Home Equity Corporation, and against the Defendants, Richard L. Barr and Ann D. Barr, for failure to Answer the Complaint in Civil Action - Ejectment. Service was on made on Defendants, Richard L. Barr and Ann D. Barr, via Sheriff of Cumberland County on April 16, 2012. Kindly enter Judgment as to Possession of the property located at 6996 Werzville Road, Mchanicsburg, PA 17055. Milstead & Associates, LLC BY: - Patrick esn r, Esquire #203145 {00073405; C)o ?y 9a$ 41 G C( -q'3 a ° ? a`7 Slo s(o ofi? ?& " 1 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY Prothonotary To: Richard L. Barr Ann D. Barr 6996 Wertzville Road, Mechanicburg, PA 17055 Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation Plaintiff, Vs. Richard L Barr Ann D. Bair Defendants. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Case No.: 12-2250 NOTICE PURSUANT TO RULE 236: Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary JUDGMENT AS TO POSSESSION IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Patrick J. Wesner, Esquire Milstead & Associates, LLC 856-482-1400 {00073405) MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ATTORNEY ID NO.: 203154 Woodland Falls Corporate Park 220 Lake Drive E., Ste 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff File # 9.09683 Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. Richard L. Barr Ann D. Barr Defendants. Case No.: 12-2250 AFFIDAVIT OF ADDRESSES I, Patrick J. Wesner, Esquire, say: 1. I certify that the Plaintiff's address is 350 Highland Drive, Lewisville, TX 75067. 2. I certify that the Defendants' address is 6996 Wertzville Road, Mechanicburg, PA 17055. 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 unsworn falsification to authorities. Milstead & Associates, LLC Patrick J. W sne., Esquire Attorney I P. N 203145 {00073405} MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ATTORNEY ID NO.: 203145 Woodland Falls Corporate Park 220 Lake Drive E., Ste 301 Cherry Hill,, NJ 08002 (856) 482-1400 Attorneys for Plaintiff File # 9.09683 Nationstar, Mortgage LLC f/k/a Centex Home Equity Corporation Plaintiff, Vs. Richard L Barr Ann D. Barr Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No.: 12-2250 AFFIDAVIT OF NON-MILITARY SERVICE I, Patrick J. Wesner, Esquire, hereby certifies: 1. I am an associate with the law firm of Milstead & Associates, LLC, attorneys for Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation, the Plaintiff in the above entitled action. 2. Inquiry has been made with the Department of Defense as to the military status of each of the defendants in this action. The results of those inquiries are as follows: Richard L. $arr, the debtor in this action, is not currently on active military duty. See attached report. {00073405} Inquiry has been made with the Department of Defense as to the military status of each of the defendants in this action. The results of those inquiries are as follows: Ann D. Barr, the debtor in this action, is not currently on active military duty. See attached report. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Milstead & Associates, LLC Patrick J. W sne . Esquire Attorney I. No. 203145 {00073405} SCRA 2.1 Status Deport Pursuant to Serv ceme mben Civil Relief Act Last Name: Barr First Name: Richard Active Duty Status Date May-21-2012 Active Duty nd Date Status Service Component On Active Duly On Active Duty Status Date NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date NA No NA I This response reflects whether the individual or his/her unit has received early notification to report for active duty I Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status Includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. )e)j0j)4.:; Mary M. Snavely-Dixon, Director Department of Defense - Mlanpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). If you obtain additional information about the person (e.g., a SSN, First Name), you can submit your request again at this Web site and we will provide a new certificate for that query This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days ini length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RP,As). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA its broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty sunder this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to',make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: 5R1 SO1 BRSO Status Report Pursuant to S cemem rs Civil Relief Act Last Name: Barr First Name: Ann Active Duty Status Date May-21-2012 SCRA2.1 Active Duty nd Date Status Service Component On Active Duty On Active Duty Status Date NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. h1a, A )(V Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). If you obtain additional information about the person (e.g., a SSN, First Name), you can submit your request again at this Web site and we will provide a new certificate for that query This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days' preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President', or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RP,As). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last datels of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: B64PVOICT9 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ATTORNEY ID NO.: 203145 Woodland Falls Corporate Park 220 Lake Drive E., Ste 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff File # 9.09683 Nationstar1 Mortgage LLC f/k/a Centex Home Equity Corporation Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. Richard L Barr Ann D. Barr Defendants. Case No.: 12-2250 AFFIDAVIT OF SERVICE I, Patrick J. Wesner, Esquire, say: 1. 1 am a member of the firm of Milstead & Associates, LLC, attorneys for Plaintiff in the above entitled cause of action. 2. Notice, Rule 237.1 was forwarded to the Defendant's place of residence by regular mail on May 10, 2012 and has not been returned to this office, so it can be assumed that same has been delivered to Defendant. A copy of this notice is attached as Exhibit "A." 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 unsworn falsification to authorities. Milstead & Associates, LLC {00073405} 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 f 'r Plaintiff Nationsta Mortgage LLC f/k/a Centex Home Equity Corporation, Plaintiff, Vs. Richard I.N. Barr and Ann D. Barr and Known/Upknown Occupants, Defendants. TO: Our file number: 9.09683 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 12-2250 Civil Term Richard L. Barr 6906 Wertzville Road, Mechanicsburg, PA 17055 Ann D. Barr 6996 Wertzville Road, Mechanicsburg, PA 17055 DATE OF NOTICE: May 9, 2012 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SEND' 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 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 & ASS IATES, LLC By: atnc J. Wesner, Esquire ID No. 2 14 Attorney f laintiff {000209711 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 Natioi Our file number: 9.09683 Mortgage LLC f/k/a Centex COURT OF COMMON PLEAS Home Equity Corporation, ; CUMBERLAND COUNTY Plaintiff, V8. No.: 12-2250 Civil Term Richard L. Barr and Ann D. Barr and Known/Uoknown Occupants, Defendants. TO: - - Richhard L. Barr-----------------Arm D. Barr------------------------------------------------------------ --- ----- ------------- -- 69§6 Wertzville Road, 6996 Wertzville Road, Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 DATE OF (NOTICE: May 9, 2012 FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO IN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT SSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE Youare 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 youl without a hearing and you may lose your property or other important rights. You should take '!this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASS09IATES, LLC esner, Esquire {00020971} ID No. 20k145) Attorney for ainti Page I of I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor dot ?... .tMt ¢priCE . , - $ti:RIrF t l l i J 2 J13i 14 ' I P 't'LYM-1iP? Nationstar Mortgage LLC vs. Richard L Barr (et al.) Case Number 2012-2250 SHERIFF'S RETURN OF SERVICE 06/04/2012 03:09 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2012 at 1509 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Richard Barr, by making known unto Justin Brumbach, Adult in Charge, at 6996 Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/04/2012 03:09 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2012 at 1509 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Ann Barr, by making known unto Justin Brumbach, Adult in Charge, at 6996 Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $50.25 June 14, 2012 SO ANSWERS, RbNI'V R ANDERSON, SHERIFF (c) GowtySuite Sheriff, 7e!eosoft. Inc SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson d` idy S Smith Chief Deputy Richard W Stewart Solicitor r H R p jr h s' °, 2 i 2 JUt 25 PM 12: 4 4 PUMSERLAND Clj)!j r p: PENNSYLVANIA Nationstar Mortgage LLC Case Number vs. Richard L Barr (et al.) 2012-2250 SHERIFF'S RETURN OF SERVICE 06/04/2012 03:09 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2012 at 1509 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Richard Barr, by making known unto Justin Brumbach, Adult in Charge, at 6996 Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/04/2012 03:09 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2012 at 1509 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Ann Barr, by making known unto Justin Brumbach, Adult in Charge, at 6996 Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 07/23/2012 Ronny R Anderson, Sheriff, who being duly sworn according to law, states this writ of possession is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $52.17 July 24, 2012 SO ANSWERS, ROW R ANDERSON, SHERIFF a. 7! ? :Y: Ct u:-:rySwte S?enff, re;eosort. I,