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Home My WebLink About05-1758 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff to Centex Home Equity Company, LLC flk/a Centex Home Equity Corporation 350 Highland Drive Lewisville, TX 75067, Plaintiff, Vs. Richard L. Barr 6996 Wertzville Road Mechanicsburg, P A 17050, Ann D. Barr 6996 Wertzville Road Mechanicsburg, P A 17050, and The United States of America c/o The U.S. Attorney General Federal Building, Ste 220 228 Walnut Street, PO Box 11754 Harrisburg, P A 17108, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: f) s- r1SF ~ ~ 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 Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 ************************************************************************************************** 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:Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC f/kla Centex Home Equity Corporation, 350 Highland Drive Lewisville, TX 75067 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: Vs, CIVIL ACTION MORTGAGE FORECLOSURE Richard L. Barr 6996 Wertzville Road Mechanicsburg, P A 17050, Ann D. Barr 6996 Wertzville Road Mechanicsburg, P A 17050, and The United States of America c/o The U.S. Attorney General Federal Building, Ste 220 228 Walnut Street, PO Box 11754 Harrisburg, P A 17108, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Centex Horne Equity Company, LLC f/kla Centex Horne Equity Corporation (the "Plaintiff'), is a Nevada corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 350 Highland Drive, Lewisville, TX 75067. 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 17050. Ann D. Barr, Defendant, resides at 6996 Wertzville Road, Mechanicsburg, P A 17050. 4. On April14, 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 11.5 percent per annum, payable as to the principal and interest in equal monthly installments of $960.59 commencing June 1, 2000. 5. To secure the obligations under the Note, the Defendants executed and delivered to Centex Home Equity Corporation a mortgage (the "Mortgage") dated April 14, 2000, recorded on April 24, 2000 in the Department of Records in and for the County of Cumberland under Mortgage Book 1607, Page 802, et seq. 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 17050. 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 December 1, 2004, 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 $94,838.96 Accrued but Unpaid Interest from 11/1/04 to $4,482.00 3/30/05 ((iJ 11.5 per annum ($29.88 per diem) Accrued Late Charges $1,113.90 Corporate Advance $2,837.37 Forbearance Suspense $-39.41 Title Search Fees $200.00 Reasonable Attorney's Fees $1,250.00 NSF Fees $20.00 TOTAL as of 03/30/2005 104,702.82 Plus, the following amounts accrued after March 30,2005: Interest at the Rate of 11.5 per cent per annum (29.88 per diem); Late Charges of $48.03 per month. 9. Plaintiffhas complied fully with Act No. 91 (35 P.S.'1680.401(c) ofthe 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 6996 Wertzville Road, Mechanicsburg, P A 17050 as well as to address of residences as listed in paragraph 3 of this document on February 8, 2005, the notice pursuant to' 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. 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(s) information pertinent thereto is attached hereto as Exhibit "c" and made a part hereof. The same is incorporated herein by reference as if fully set forth at length. 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, $104,702.82, plus the following amounts accruing after March 30,2005, to the date of judgment: (a) interest of $29.88 per day, (b) late charges of $48.03 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. VERIFICATION I, Pina S. Wertzberger, 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, r'\ relating to unsworn falsification to authorities. C Order Number: 000222931 Re: RICHARD L BARR ANN BARR ISEO) 6996 WER~ZVILLE ROAD /} L Ci Y /?'.7 MECHANICSBtJRG, PA 17055 0( J U OvJ~g ~ County EXHIBIT 'A' All that certain lot or parcel of land situate in silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: Beginning at the intersection of the center line of Pennsylvania State Highway No. 944, commonly known as Wertzville Road, and the center line of Legislative Route No. 21001, commonly known as the Millers Gap Road; thence along the center line of said Wertzville Road south Eighty-four (84) degrees west One Hundred Twenty-six (126) feet to a spike; thence a19ng other lands now or formerly of R. E. Best, north one (1) degree twenty-five (25) minutes west One Hundred Seventy-five (175) feet to a spike; thence by the same north Eight-five (65) degrees east One Hundred Twenty-five and Four Tenths (125.4) feet to a spike in the center line of the Millers Gap Road; thence along the center line of said Millers Gap Road south one (1) degrees Twenty-five (25) minutes east One Hundred Seventy-two and Five Tenths (175.5) feet to the place of beginning. Having thereon erected a dwelling house known and number as 6996 Wertzville Road, Mechanicsburg, Pennsylvania. ,-- " '-'\. ~.'::..t...._...._ CENTEX HOME eQUITY February 08, 2005 *0002850785* Richard L. Barr 6996 Wertzville Rd Mechanicsburg, P A 17050 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can help you. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any Questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende eI contenido de esta notificion obtenga una traduccion imrnediatamente lIamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por eI programa Hamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S PROPERTY Richard L. Barr 6996 WertzvilIe Rd Mechicsburg, P A 17055 258800225 Centex Home Equity Company LOAN ACCOUNT CURRENT You may be eligible for fmancial assistance which can save your home from foreclosure and help you make future mortg:ag:e payments if you comply with tbe provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Page two 258800225 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing fmance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at Wertzville Rd Mechicsburg, P A 17055 IS SERIOUSLY IN DEFAULT because: 6996 YOU HAVE NOT MADE MONTHL Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 12/0112004: (b) Late charge(s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 02/07/2005: $2,881.77 $1,017.84 $2,857.37 $39.41 $6,717.57 YOU HA VE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEF AUL T - You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $6,717.57, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Centex Home Equity Company at 350 HIGHLAND DR., LEWISVILLE, TX 75067. Page three 258800225 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Centex Home Equity Company also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, ifJegal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30) DAY period, yoU will not be required to pay attorneys' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may [md out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Address: Telephone Number: HOW TO CONTACT THE LENDER Centex Home Equity Company 350 Highland Dr., Lewisville, TX 75067 1-888-850-9398 EFFECT OF SHERIFF'S SALE - You should realize that a sheriff's sale would end your ownership ofthe mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT . To sell the property to obtain money to payoff the mortgage debt, or borrower money from another lending institution to payoff this debt. . To have this default cured by any third party acting on your behalf . To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). . To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. . To assert any other defense you believe you may have to such action by the lender. . To seek protection under the federal bankruptcy law. Page four 258800225 Centex Home Equity Company is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: a) Provide to you verification of the debt or a copy of any judgment entered against you. b) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, Centex Home Equity Company Centex Home Equity Company, LLC 350 Highland Dr., Lewisville, TX 75067 1-888-850-9398 CENT&X HOME EQUITY February 08, 2005 *0002850786* Ann D. Barr 6996 Wertzville Rd Mechanicsburg, P A 17050 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMA nON CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can help vou, YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name. address. and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions. YOU may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a la'W)'er. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agenda (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S PROPERTY Ann D. Barr 6996 Wertzville Rd Mechicsburg, P A 17055 258800225 Centex Home Equity Company LOAN ACCOUNT CURRENT You may be eligible for fmancial assistance which can save your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Page two 258800225 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency . Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER., FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDlA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing fmance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you bave filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEF AUL T (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at Wertzville Rd Mechicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: 6996 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 12/01/2004: (b) Late charge(s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 02/07/2005: $2,881. 77 $1,017.84 $2,857.37 $39.41 $6,717.57 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER., WHICH IS $6,717.57, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Centex Home Equity Company at 350 HIGHLAND DR., LEWISVILLE, TX 75067. Page three 258800225 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Centex Home Equity Company also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, iflegal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Address: Telephone Number: HOW TO CONTACT THE LENDER Centex Home Equity Company 350 Highland Dr., Lewisville, TX 75067 1-888-850-9398 EFFECT OF SHERIFF'S SALE - You should realize that a sheriff's sale would end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT · To sell the property to obtain money to payoff the mortgage debt, or borrower money from another lending institution to pay off this debt. · To have this default cured by any third party acting on your behalf. · To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). · To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. · To assert any other defense you believe you may have to such action by the lender. · To seek protection under the federal bankruptcy law. Page four 258800225 Centex Home Equity Company is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: a) Provide to you verification ofthe debt or a copy of any judgment entered against you. b) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, Centex Home Equity Company Centex Home Equity Company, LLC 350 Highland Dr., LewisviJIe, TX 75067 1-888-850-9398 MAR-23-05 15:07 FROM-THE SENTINEL AGENCY +7172348198 T-413 P.OS/ll F-55T 1872 Department of the Treasury. Internal Revenue Service Form 668 (Y)(c) Notice of Federal Tax Lien k I'll.!.. t.I '? ~.:L. (1~~... -J -r;. (Rcv. Fllbruary 2004) Area: Serial Number For Optional Use by F1eoorcting Office WAG! 0. INVESTMENT .AAEA #2 h. 8ft' .. N. Ira Lien Unit Phone: (800) 629-7650 188897304 k provided by section 6321, 6322, and 6323 of the Internal Revenue ('.,I(.. f 9/ Code, we are gMng a notice that taXes (including interest and penalcies) Ru. I&'S 5W have been assessed against the followmg-named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there 1$ it nen in favor of the United States on aD propertY and rights to property belonging to this taxpayer for the amount of these taxes, and addldonal penalties, interest, and (osts chac may a(cnle. Name of Taxpayer RICHARD BARR 0 I"..;l 0 ~ c c:.::> 11 ~F J:" V) ':::1 Residence '-'1 :c.,... 6996 WERTZVILLE RD --- ~ \'"il.= MECHANICSBURG I J?.A 17050-1540 3~> :~:~ l'.) :ge3 r:.l~'" - 96 ~~ ::"" ..,.. "'il IMPORTANT RELEASE INfORMATION: For each assessment listed below, z~.~ ::;:: ~~~ ~J~ unless notice of the lien is refijed by the date given in column Ie}, this notice shall, >r:: 9? ~~. (i1 .-- on the day tollowin9 such date, operate as a certificate of release as defined Z ~ in IRe 6325{a), ..... ....... ~<: <..r. -< Tax Period D.,e of Lase D~ for Unpaid Balance Kind of Tax Ending Identifying Number Assessment Refi mg of Assessment (a) (b) (e) (d) (e) (0 CIVP 09/30/2001 144-46-0304 OS/24/2004 06/23/2014 757.20 CIVP 1.2/31/2001 144-46-0304 OS/24/2004 06/23/20l4 2965.94 CIVP 03/31/2002 144-46-0304 OS/24/2004 06/23/2014 1911. 23 CIVP 06/30/2002 144-46-0304 OS/24/2004 06/23/2014 3349.13 Place of Filing PrOthonotary Cumberland County Total $ 8983.50 Carlisle, PA 17013 1.- This notice was prepared and signed at PHILADELPHIAr PA , on this, the 26 t h day of August 2004 '-.;:J Sig r%1t1td~ '). ~.~2'J'!0A/ ~8~ for P S LANE (800) 829-7650 (NOTE; C.rtificlIt. of officer authOrized by law tD tEll<$ OlcJmowledgment is no! essentilll to the I1lllidity of Notiof./ of Federel Tex IillO Rev. Flul. 71 ,465, 1971 - 2 C.B, 409) Part 1 . K.eftJ' .... Re.:orcfi Offi Form 668(Y)(c:) (Rev. 2,20041 ... "7 Dr Ice CAT. NO 60025X 12-00-0000 -~ 1\ ~~ ~~ 't--> 0 v ~ N\~ '-..J ~ ~ J v-~ V\ , \ v, (') f. ...;.-' C1 C"_ . . ...1 -<. t., , (".~~ C~~.) c_1 o II :::;-~ :r.'" '.J ~ ,,-".J I J:.- :~! c_ C) p. . ",. ."'- \. Milstead & Associates, LLC By: Pina S. Wertzberger, Esquire Attorney ID No.: 77274 Woodland Falls Corporate Park 220 Lake Drive E., Ste 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC f/k/a Centex Home Equity Corporation, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Richard L. Barr, No.: ()~- /7d Ann D. Barr, and The United States of America, Defendant. STIPULATION It is hereby stipulated and agreed by and between Centex Home Equity Company, LLC f/k/a Centex Home Equity Corporation, Plaintiff and the defendant, The United States of America, as follows: I. That the premises referred to in the Complaint is owned by the defendants, Richard L. Barr and Ann D. Barr. 2. The Plaintiff filed an action in mortgage foreclosure to the above number and term, and named as defendants Richard L. Barr and Ann D. Barr. 3. The parties hereby agree that The United States of America shall, and hereby is, named as a party in the above action, in accordance with 28 U.S.c. S 2410 et (00037798 ( ~ , 9'1 :"2 \-\d \ \ iJ,j\j SUUl _. to. seQ. 4. The United States of America hereby accepts service of the Complaint and waives its right to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the defendant. 5. The United Stated of America has a tax lien against the property which is subject to the action of mortgage foreclosure, Federal Tax Lien 04-4732 in the amount of $8,983.50 entered in the Prothonotary's Office of Cumberland County, Pennsylvania. 6. That the Federal Tax Lien referred to in paragraph 10, totaling $8983.50 is junior in time to the Plaintiff s mortgage set fourth in paragraph 5 of Plaintiff s Complaint. 7. That the defendant, The United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against The Unites States of America for foreclosure and sale of the mortgage property. 8. That the defendant, The United States of America, is not indebted to the Plaintiff. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which was served on the defendant, The United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Lien referred to in paragraph 10. II. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due The United States shall be sent to the Internal Revenue Service, PO Box 1267, Harrisburg, P A 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number of the {0003 7798) ... '..," taxpayer. 12. That the defendant, The United States of America, preserves its right of redemption as provided in Title 28, United States Code, Section 241 O( c). 13. The parties to this Stipulation shall bear their respective costs in this proceeding. Dated: 1A\~~ -. uire No.:72274 THOMAS A. MARINO United States Attorney Dated: '1-12.- OS' By: \:>-D~ Dennis Pfann schmidt Chief, Civil Di ision Attorney for United States of America {0003 7798} r~. ) ;' -'.:' f'.; c-, !~-,~ .~ --~---_._-~.- - --~- _.~..~ SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2005-01758 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENT EX HOME EQUITY COMPANY 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 sea ch 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 therefo e deputized the sheriff of DAUPHIN County, pennsylvan.a, to serve the within COMPLAINT MORT FORE& STIP On April 14th , 2005 , this office was in receipt of he attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 26.25 Postage .37 51. 62 04/14/2005 MILSTEAD & ASSOC So answers: __/ _.>~ --~...;.:;.. ~~-"(----- R. Thomas Kl E- Sheriff of Cumberland County Sworn and subscribed to before me this ~~ day of --- c(c;;>s:>} A.D. 1J{'~': , ~:o~~ av~L SHERIFF'S RETURN - REGULAR CASE NO: 2005-01758 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS BARR RICHARD L ET AL ROBERT BITNER , 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 t e DEFENDANT , at 1230:00 HOURS, on the 7th day of A ril 2005 at 6996 WERTZVILLE ROAD MECHANICSBURG, PA 17055 by handing to RICHARD BARR ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: 4'..~ f-1" coy,,, ~~?:L~/ -,:>.^~, ""," /~ /-I"_..,e;"y""~ R. Thomas Kline 04/14/2005 MILSTEAD & ASSOC me this d~ v day o~ A.D. Sworn and Subscribed to before eX CJ C'\ ,S--- 0('" 'l;k;.dL "'r ~ 1\rot 0 otary . "'T"\] CASE NO: 2005-01758 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS BARR RICHARD L ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BARR RICHARD L DEFENDANT was served upon t e at 6996 WERTZVILLE ROAD , at 1230:00 HOURS, on the 7th day of A ril , 2005 MECHANICSBURG, PA 17050 RICHARD BARR by handing to a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing His attention to the contents th reof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.40 .00 10.00 .00 35.40 Sworn and Subscribed to before me this dl ~ day of ~ ,,;?.n r~ ~ A.D. +~ /).-.. -ryZ'T~L~A) fj - proihdn<;-;;'''ry'l So Answers: ",' /? /7 -<:" (.L.,.... ~ _.'J .r ~~O'-.-,~",,-"l(.. R, Thomas Kline 04/14/2005 MILSTEAD & ASSOC ~ In The Court of Common Pleas of Cumberland County, Pem sylvania Centex Heme Equity Canpany LLC VS. Richard L. Barr et al SERVE: The United States of America No. 05-1758 civil Now, April 6,i 2005 , I, SHERIFF OF CUMBERLAND COUNT' , P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~J Sheriff of Cumberland County, Pi Affidavit of Service Now, ,20 , at o'clock M. ser'ed the within upon at by handing to a copy of the original and made known to the contents there f. So answers, Sheriff of Count, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @flice of tlp~ ~lreriff William T. Tully Solicitor Basile cputy Mary Jane Snyder Real Estate Deputy Michael . Rinehart Assistant C icfDeputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 tax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CENTEX HOME EQUITY COMPANY LLC vs County of Dauphin STEVENS KIM UNITED STATES OF AMER CA Sheriff's Return No.0643-T - -2005 OTHER COUNTY NO. 05-1758 AND NOW:April 11, 2005 at 1:45PM served the within COMPLAINT IN MORT FORE & STIPULATION upon STEVENS KIM UNITED STATES OF AMERICA C/O THE US ATTORNEY GENERAL to CHRISTINA GARBER LEGAL ASSISTANT by personally handing 1 true attested copy (. es) of the original COMPLAINT IN MORT FORE & STIPULATION and maki g known to him/her the contents thereof at FEDERAL BLDG, SUITE 220 228 WALNUT ST HBG, PA 00000-0000 Sworn and subscribed to So Answers, JK~ before me this 12TH day of APRIL, 2005 Sheriff of Dauphin County, Pa. ~~&J }l) ~ 0 n . J'(','.''-e,,''.'' 0,;"...... """"] ;',S\.,,_ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspirc, Dauphin County My Commission Expires Sept. 1, 2006 Deputy Sheriff Sheriff's Costs:$26.25 PD 04/08 2005 RCPT NO 205749 MK MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire II> No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC flk/a Centex Home Equity Corporation, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 05-1758 Richard L. Barr, Praecipe to Dismiss the Mortc:ac:e Foreclosure Action without Preiudice and Ann D. Barr, and The United States of America, Defendant(s). TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. CIA TES, LLC (00042182) ..--' c? <.::~ ,r :-=~ .~ u -i'\ , UJ ~0 f'~' vo