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HomeMy WebLinkAbout07-0015MILSTEAD & 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 File 9.05760 Nationstar Mortgage, LLC f/k/a Centex COURT OF COMMON PLEAS Home Equity Company, LLC f/k/a Centex CUMBERLAND COUNTY Home Equity Corporation 350 Highland Drive Lewisville, TX 75067, Plaintiff, Vs. Richard L. Barr 6996 Wertzville Road Mechanicsburg, PA 17050, and Ann D. Barr 6996 Wertzville Road Mechanicsburg, PA 17050, and The United States of America c/o The US Attorney General Federal Building Suite 220, 228 Walnut Street, P.O. Box 11754 Harrisburg, Pa 17108, No.: .. CIVIL ACTION MORTGAGE FORECLOSURE Defendants. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 *test*,t*?r***?r***,?r?,t?,r***,tires,?r??,t*,t,?*,it?r*yr,?r?,ke***,??r?r,?,ir?**,e??**,r?**?rir??tir,?tt?r?x*,rear,irit,?r,ir?r,ityr,reir,itityr* 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 Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC f/k/a Centex Home Equity Corporation, 350 Highland Drive Lewisville, TX 75067 Plaintiff, Vs. Richard L. Barr 6996 Wertzville Road Mechanicsburg, PA 17050, and Ann D. Barr 6996 Wertzville Road Mechanicsburg, PA 17050, and The United States of America c/o The US Attorney General Federal Building Suite 220, 228 Walnut Street, P.O. Box 11754 Harrisburg, Pa 17108, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: IS l CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC f/k/a Centex Home Equity Corporation (the "Plaintiff'), is a Nevada corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 350 Highland Drive, Lewisville, TX 75067. 2. Defendants, Richard L. Barr, 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, PA 17050. 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 11.5 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. 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 September 1, 2006, 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 ..................................$93,642.26 Accrued but Unpaid Interest from 8/1/06 to 12/29/06 @ 11.5% per annum ($29.50 per diem) ............... .........................$4,454.50 Accrued Late Charges ........ .........................$1,777.18 Corporate Advance ......................................$4,218.89 Title Search Fees ............................................$350.00 Deferred Late Charges ........................................$0.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 12/29/2006 ........................$105,692.83 Plus, the following amounts accrued after December 29, 2006: Interest at the Rate of 11.5 per cent per annum ($29.50 per diem); Late Charges of $48.03 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 17055 as well as to address of residences as listed in paragraph 3 of this document on November 3, 2006, 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, $105,692.83, plus the following amounts accruing after December 29, 2006, to the date of judgment: (a) interest of $29.50 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. LLC TEAD ASSO4sq Pina S. Wertzberger, Attorn ey for Plaintiff 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, relating to unsworn falsification to authorities. W IWl Name: Pina S. Wertzberge Esquire Title: Attorney Order Number: 000222931 -ISED) Re: RICHARD L BARR 6996 WERTZVILLE ROAD ANN BARR MECHANICSBURG, PA 17055 CUMBERLAND County EXHIBIT 'A' All that certain lot or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: Beginning at the intersection of the center line of Pennsylvania State Highway No. 944, commonly known as Wertzville Road, and the center line of Legislative Route No. 21001, commonly known as the Millers Gap Road; thence along the center line of said Wertzville Road south Eighty-four (84) degrees west one Hundred Twenty-six (126) feet to a spike; thence along other lands now or formerly of R. E. Best, north one (1) degree twenty-five (25) minutes west One Hundred Seventy-five (175) feet to a spike; thence by the same north Eight-five (85) degrees east One Hundred Twenty-five and Four Tenths (125.4) feet to a spike in the center line of the Millers Gap Road; thence along the center line of said Millers Gap Road south one (1) degrees Twenty-five (25) minutes east One Hundred Seventy-two and Five Tenths (175.5) feet to the place of beginning. Having thereon erected a dwelling house known and number as 6996 Wertzville Road, Mechanicsburg, Pennsylvania. EXHIBIT" A November 03, 2006 '0003513245" Richard L. Barr 6996 Wertzville Rd Mechanicsburg, PA 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 if HEMAP 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 a ency_ 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 el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos a] 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 NAME(S) PROPERTY ADDRESS LOAN ACCOUNT NUMBER: CURRENT SERVICER Richard L. Barr 6996 Wertzville Rd Mechicsburg, PA 17055 258800225 Centex Home Equity Company You may be eligible for financial 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. Pagetwo 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 count 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 immediatelv 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 financial 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 finance 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 6996 Wertzville Rd Mechicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 09/01/2006: $2,881.77 (b) Late charge(s) : $1,729.15 (c) Other charge(s): NSF & Advances $1,381.54 (d) Less: Credit Balance $.00 (e) Total amount required as of 11/02/2006: $5,992.46 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 $5,992.46, 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, if legal 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 1gy 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 Sheriffs 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 Sheriffs 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 sheriffs 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. HOW TO CONTACT THE LENDER Name of Centex Home Equity Company Lender: Address: 350 Highland Dr., Lewisville, TX 75067 Telephone 1-888-850-9398 Number: 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 pay off 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 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 November 03, 2006 *0003513246* Ann D. Barr 6996 Wertzville Rd Mechanicsburg, PA 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 if HEM" 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 agengy. 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 el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (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 NAME(S) PROPERTY ADDRESS LOAN ACCOUNT NUMBER: CURRENT SERVICER Ann D. Barr 6996 Wertzville Rd Mechicsburg, PA 17055 258800225 Centex Home Equity Company You may be eligible for financial 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. Pagetwo 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 immediatelv 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 financial 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 finance 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 6996 Wertzville Rd Mechicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 09/01/2006: $2,881.77 (b) Late charge(s) : $1,729.15 (c) Other charge(s): NSF & Advances $1,381.54 (d) Less: Credit Balance $.00 (e) Total amount required as of 11/02/2006: $5,992.46 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 $5,992.46, 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, if legal 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 Sheriffs 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 Sheriffs 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. HOW TO CONTACT THE LENDER Name of Centex Home Equity Company Lender: Address: 350 Highland Dr., Lewisville, TX 75067 Telephone 1-888-850-9398 Number: 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 pay off 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 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 Dec-13-2006 01:35pm From- T-313 P.014/026 F-037 rYS?lu Civil Ca-se Print J- - 2003-01991 U S DEPARTMENT OF TREASURY {vs} BARR RICHARD L EXCAVATINC INC .Reference No... Filed......... 4/28/2003 Case Type...... FEDERAL TAX LIEN Time.......... 2:00 Judgment...... 33744.06 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: ------------ Case C t Disposed Date. 0/00/0000 ommen s ------------- Higher Crt 1.. Higher Crt 2.. General Index Attorney Info U S TREASURY DEPARTMENT PLAINTIFF PITTSBURGH OFFICE ROOM 808 1000 LIBERTY AVE PITTSBURGH PA 15222 9974 BARR RICHARD L EXCAVATING INC DEFENDANT 6996 WERTZVILLE RD MECHANICSBURG PA 17050 1540 Judgment Index Amount Date Desc .BARR RICHARD L EXCAVATING INC 33,744.06 4/28/2003 TAX LIEN * Date Entries - - - FIRST ENTRY - - - - - - - - - - - - - - 4/28/2003 FEDERAL TAX LIEN - - - - - - - - - - - - - - LAST ENTRY - - - - - - _ - - - - - - * Escrow Info ation * Fees & Debits Be Bal Pymtss//Ad' End Bal ******?r*?*****,r******,?r*********?F*****?e**?rre*rwxrr?rrrww?r?ar****,x*******,?*****?r*ww*? FED TAX LIM 9.00 9.00 .00 AUTOMATION FEE 5.00 5.00 .00 ------------------------ ------------ 14.00 14.00 .00 * End of Case Information Dec-13-2006 01:36pm From- T-313 P.017/026 F-037 rY551u Civil Case Print -1 - -----w 2004-02359 U S TREASURY DEPARTMENT (VS) BARR RICHARD L EXCAVATING INC Reference No... Filed........ 5/25/2004 Case Type...... FEDERAL TAX LIEN Time.......... 11:48 Judgment...... 12351.65 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Dis osed Date. 0/00/0000 ------------ Case Comments ------------- Hig er Crt 1. Hig er Crt 2.. ******ww*****?*xrw**?****k?c**,t#**w?c*******sr**?c***,r***w??t**,tit**?r*+4**?rt?rw******wxr*,t General Index Attorney Info U S TREASURY DEPARTMENT PLAINTIFF PITTSBURGH OFFICE ROOM 808 1000 LIBERTY AVE PITTSBURGH PA 15222 9974 BARR RICHARD L EXCAVATING INC DEFENDANT 6996 WERTZVILLE RD MECHANICSBURG PA 17050 1540 Judgment Index Amount Date DeSC BARR RICHARD L EXCAVATING INC 12,351.65 5/25/2004 TAX LIEN ?*,?w,t******w**w?rsr***,t****w?*t*****?iYt?ic??r*?k???t?kWttttttttttttt+t*,?rrt?rrtttt+r?rwww * Date Entries FIRST ENTRY 5/25/2004 FEDERAL TAX LIEN IN THE AMOUNT OF 12351.65 - - - - - - - - - - - - - - - LAST JTRY - - - - - - - - - - - - - - *?**********+?********YCt*****,k*?e*?c***ieie**le***********t*t**ir******k?Y*?t******,t***** * Escrow Information ,r Fees & Debits Beg Bal. Pmts/Ad End Bal ***,e*,rw,r**********?r,rt*******w*t* ****tw***t+t?r ***:rsrww?r?r**t*****t*******t?r*,r** FED TAX LIEN 9.00 9.00 .00 AUTOMATION FEE 5.00 5.00 .00 ------------------------ ------------ 14.00 24.00 .00 * End of Case Information Dec-13-2006 01:37pm From- T-313 P-020/026 F-037 PYS510 ---Cavil Ca?e+Print.?Vy..yz '' VLL1\.l': rayG 1 2004-04732 U S TREASURY DEPARTMENT (vs) BARR RICHARD Reference No... Filed.. 9/21/2004 Case Type...... FEDERAL TAX LIEN Time.......... 8:15 Judgment...... 8983.50 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed nesc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.. Higher Crt 2.. General Index Attorney Into U S TREASURY DEPARTMENT PLAINTIFF PITTSBURGH OFFICE ROOM 808 1000 LIBERTY AVE PITTSBURGH PA 15222 9974 BARR RICHARD DEFENDANT 6996 WERTZVSLLE RD MECHANICSBURG PA 17050 1540 Judgment Index Amount Date Desc BARR RICHARD 8,983.50 9/21/2004 TAX LIEN w*********?**www**********w+r*?********?rww*************?*******w?e?r?rw?w??t********* * Date Entries **vex-x*****,x**?*?**,xw?c*****?*****?r***-?*******,kwxw?r?e**?*************?*******,?**,?** FIRST ENTRY - - - - - - - - - - - - - 9/21/2004 FEDERAL TAX LIEN IN THE AMOUNT OF X8983.50 - - - - - - - ?- - - - - -? - LAST EENN?T?RY - - - - - - - - - - - - - - * Escrow Information * Fees & Debits Beg Bal Pmts/Ad' End Sal FED TAX LIEN 9.00 9.00 .00 AUTOMATION FEE 5.00 5.00 .00 ------------------------ ------------ 14.00 14.00 .00 **?**w?r**wwx***********,k**w?rrewt*******??***?r**?r?*,r,kre?r?wx'?w+k?r,rakar,r,t*,r,k*?r?r?*,r****** End of Case Information Dec-13-2006 01:38pm From- T-313 P.023/026 F-037 a.v?..a.1' .7 V1114c rrlye 1 YYS510 Civil?Case-Print 2006-03322 U S TREASURY DEPARTMENT (vs) BARR, RICHARD Reference No. Filed......... 6/12 2006 Case Type...... FEDERAL TAX LIEN Time.......... 1:59 Judgment...... 8736.86 Execution Date 0/00/0000 Jude Assigned: Jury Trial.... Dis?osed Desc.: Dis sed Date. 0/00/0000 ------------ Case Comments ------------- HigE:r Crt 1.. Hig er Crt 2.: **7k74W********k;k**dc7Y7FW*ir*?F*?ItWYc**71ty1?7k?k?t*?k*******?k*7kak7MW*?t?t*?Ffr*?47kW*7F*?t***#*7Ftk*?t**7F94W* General Index Attorney Info U S TREASURY DEPARTMENT PLAINTIFF PITTSBURGH OFFICE ROOK! 808 1000 LIBERTY AVE PITTSBURGH PA 15222 9974 BARR RICHARD DEFENDANT 6996 WERTZVILLE RD MECHANICSBURG PA 17050 1540 Judgment Index Amount Date Desc SARR RICHARD 8,736.86 6/12/2006 TAX LIEN ?kW'kYr?cir*irJtd!*7kYcJr******?Cyt**ir*?k7kW*?E******?Ir****7F7F7kW*?F***aF*7F7kk?CWkW?1'?F*****?t*#**WW*?t*it7k7k * Date Entries 7kWWYr********WW*******W*****ekW******,t**W**ic******WW%'k?t****ir?lrlrtkytWWWWthW******WWW7klr* FIRST ENTRY - - - - - - - - - - - - - 6/12/2006 FEDERAL TAX LIEN IN THE AMOUNT OF $8736.86 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - WW*******WWW******WWW*****tfrWYc******WW******?eWW*******#7k**WW**************W****** * Escrow Infor ation * Fees & Debits Beg Bal PymtS/Ad End Sal **7k7k'kW*********W*******WW******de W******* W****?Ir *yt*WWW*********vk?k7k7ktkt4WW***?k7F7bWW FED TAX LIEN 9.00 9.00 .00 AUTOMATION FEE 5.00 5.00 .00 ----?-14.00-------14.00- --------.00 ****ittkWWW*********WW****efr7hietk*********W*****.Ftlk?eWWWYckic*ie***tie,k****?AWWYeWW******?eWWYe * End of Case information *7h'?W******?ttF?e?kyhW?t*?k**7k*WW**ir*?k?eelrWYr**?F*****WWtk******elr**?tWWWW'k****?r******5t7kW?Y?t**** Dec-13-2006 01:36pm From- T-313 P-024/026 F-037 kybbly civil Case Print - rte...-? r ..rr? Y \. J. a 44? 2006-03620 U S TREASURY DEPARTMENT (vs) BARR RICHARD L EXCAVATING INC Reference No.. Filed......... 6/26/2006 Case Type...... FEDERAL TAX LIEN Time.......... 2:14 Judgment.;.... 21220.20 Execution Date 0/00/0000 Judge Asstigned: Jury Trial.... Disposed Desc.: ------------ Ca t C - Disposed Date. Hi h 0/00/0000 ------ ----- se ommen s - g er Crt 1.. Higher Crt 2.: General Index Attorney Info U S TREASURY DEPARTMENT PLAINTIFF PITTSBURGH OFFICE ROOM 808 1000 LIBERrrZ AVM PITTSBURGH PA 15222 9974 BARR RICHARD L EXCAVATING INC DEFENDANT 6996 WERTZVILLE RD MECHANICSBURG PA 17050 1540 Judgment Index Amount Date Desc .BARR RICHARD L EXCAVATING INC 21,220.20 6/26/2006 TAX LIEN *********,t*******w**,t*#***rer?*t******w?***t**???ak?rw?r?ir****?*********r?w?ttt++***?r * Date Entries - FIRST ENTRY - - - - - - - - - - - - - 6/26/2006 FEDERAL, TAx LIEN IN THE AMOUNT OF $21220.20 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - * Escrow Information * Fees & Debits Beq Bal Pmts/Ad End Bal FED TAX LIEN 9.00 9.00 .00 AUTOMATION FEE 5.00 5.00 .00 ----------------------- ------------ 14.00 14.00 .00 r End of Case information Dec-13-2006 01:39pm From- T-313 P-026/026 F-037 rx051u C'ivi-L Case Print 2005-06003 U S TREASURY DEPARTMENT (VS) BARR RICHRD L EXCAVATING INC Reference No... Filed......... 11/21/2005 Case Type...... FEDERAL TAX LIEN Time.......... 11:42 Judgment ...... 46748.96 Execution Date 0/00/0000 Juge Assigned: Jury Trial.... Disposed De-sc.: Disposed Date. 0/00/0000 -----------? Case Comments ------------- Higher Crt 1. Higher Crt 2. General Index Attorney Info U S TREASURY DEPARTMENT PLAINTIFF PITTSBURGH OFFICE ROOM 808 1000 LIBERTY AVE PITTSBURGH PA 15222 9974 BARR RICHARD L EXCAVATING INC DEFENDAN'T' 6996 WERTZVILLE RD MECHANICSBURG PA 17050 1540 Judgment index Amount Date Desc BARR RICHARD L RXCAVA,TING INC 46,748.96 11/21/2005 'T'AX LIEN * Date Entries www************,r****#**ie*******ww*w****#************x****?e,?:rxr?r**************w?ew?r - - - - - - -- - - - - - FIRST ENTRY - - - - - - - - - - - - - - 11/21/2005 FEDERAL TAX LIEN IN THE AMOUNT O>~ $46748.96 - y - - - - - - - - - - - - - LAS T ENTRY - - - - - - - - - - - - x,t*******##*****#********ww*?e,t**,??,t**#*****#,t****-r?***?t*-rr**?**w?rwww?e,r?r*?r*?e,r,r?+t?#* k Escrow Information k Fees & Debits Beg Bal Pmts/Ad' End Bat k*#?k*?r*#ir###*elr?ltek?e**tk?liyl?**?ICYl9kl?7k'k?r?k *ir#?kir**ir *?k***ir *?k******7Y9kyCMe71?7k7k'k7k7k7k$?IrIr**+IraFe1rt47kY??F FED 'T'AX LIEN 9.00 9.00 .00 AUTOMATION FEE 5.00 5.00 .00 ------------------------ ------------ 14.00 * End of Case Information 4 W ?{ 0 ID . . k 11t I 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 Nationstar Mortgage, LLC f/k/a Centex COURT OF COMMON PLEAS Home Equity Company, LLC f/k/a Centex CUMBERLAND COUNTY Home Equity Corporation, Plaintiff, Vs. Richard L. Barr, Ann D. Barr, and The United States of America, Defendant. No.: 01- IS cw ? 1 STIPULATION It is hereby stipulated and agreed by and between Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC f/k/a Centex Home Equity Corporation, Plaintiff and the defendant, The United States of America, as follows: 1. That the premises referred to in the Complaint is owned by the defendants, Richard L. Ban 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. Ban 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. § 2410 et {00142184} ZZ :01 WV ! 1 NVC Ca8Z SeMc . 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 States of America has the following tax liens against the property which is subject to the action of mortgage foreclosure: Federal Tax Lien 03-01991 in the amount of $33,744.06 entered in the Prothonotary's Office of Cumberland County, Pennsylvania. Federal Tax Lien 04-02359 in the amount of $12,351.65 entered in the Prothonotary's Office of Cumberland County, Pennsylvania. Federal Tax Lien 04-04732 in the amount of $8,983.50 entered in the Prothonotary's Office of Cumberland County, Pennsylvania. Federal Tax Lien 06-03322 in the amount of $8,736.86 entered in the Prothonotary's Office of Cumberland County, Pennsylvania. Federal Tax Lien 06-03620 in the amount of $21,220.20 entered in the Prothonotary's Office of Cumberland County, Pennsylvania. Federal Tax Lien 06-06003 in the amount of $46,748.96 entered in the Prothonotary's Office of Cumberland County, Pennsylvania. 6. That the Federal Tax Lien referred to in paragraph 10, totaling $131,785.23 is junior in time to the Plaintiffs 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 {00142184} 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. 11. 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, PA 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number of the taxpayer. 12. That the defendant, The United States of America, preserves its right of redemption as provided in Title 28, United States Code, Section 2410(c). 13. The parties to this Stipulation shall bear their respective costs in this proceeding. Dated: I10 ?? By: Pina S. Wertzberger, Esqui No.:72274 Attorney for Plaintiff (00142184) THOMAS A. MARINO United States Attorney Dated: IV {00142184} By: Dennis Pfanne c idt Chief, Civil Divi ion Attorney for United States of America ?' LID > MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC f/k/a Centex Home Equity Corporation, Plaintiff, Vs. Richard L. Barr, and Ann D. Barr, Attorney for Plaintiff File 9.05760 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-15 Civil Term Praecipe to Dismiss the Mortgage Foreclosure Action without Prejudice and The United States of America c/o The US Attorney General, Defendant(s). TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. TEAR ASSOCIATES LLC ?a P1113 ' S Wertzber¢rger. E CT, .SqUll ma a Attorney ID No. 77274 C"? r.?a _,. F r,. ,.,?" ? ! F"'. "'? ? '?^? SHERIFF'S RETURN - REGULAR CASE NO: 2007-00015 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC ET AL 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 1100:00 HOURS, on the 5th day of January-, 2007 at 6100 CARLISLE PIKE MECHANICSBURG, PA 17050 RICHARD BARR by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.56 .00 10.00 R. Thomas Kline .00 38.56 01/18/2007 00.01 MILSTEAD & ASSOCIATES f. Sworn and Subscibed to 00 By: before me this day ep ty S r'ff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00015 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC ET AL 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 D T D D 7T T,TTT n the DEFENDANT , at 1024:00 HOURS, on the 5th day of January-, 2007 at 6996 WERTZVILLE ROAD MECHANICSBURG, PA 17050 ANN BARR by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 10.56 .00 10.00 R. Thomas Kline .00 26.56 ? 01/18/2007 MILSTEAD & ASSOCIATES By: ??. day D u y S, i f f A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00015 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC ET AL VS BARR RICHARD L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: UNITED STATES OF AMERICA 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 January 18th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 Surcharge 10.00 It. Thomas Kl ne Dep Dauphin County 29.25 Sheriff of Cumberland County Postage 2.07 5 6 . 3 2 a9,p?1 01/18/2007 MILSTEAD & ASSOCIATES Sworn and subscribe to before me this day of A. D. Milstead & Associates, LLC By: Mary L. Harbert-Bell, Esquire Attorney ID No.: 80763 Woodland Falls Corporate Park 220 Lake Drive E., Ste 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File: 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 PLEAS CUMBERLAND COUNTY No.. v 7 /S STIPULATION It is hereby stipulated and agreed by and between Nationstar Mortgage LLC f/k/a Centex Home Equity Corporation, Plaintiff and the defendant, The United States of America, as follows: 1. 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 {003042201 hereby is, named as a party in the above action, in accordance with 28 U.S.C. § 2410 et M. 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 States of America has the following tax liens against the property which is subject to the action of mortgage foreclosure: Federal Tax Lien 2004-04732 in the amount of $8,983.50 entered in the Prothonotary's Office of Cumberland County, Pennsylvania recorded September 21, 2004 Federal Tax Lien 2005-01378 in the amount of $14,773.19 entered in the Prothonotary's Office of Cumberland County, Pennsylvania recorded on March 16, 2005. Federal Tax Lien 2006-03322 in the amount of $8,736.86 entered in the Prothonotary's Office of Cumberland County, Pennsylvania recorded on June 12, 2006. Federal Tax Lien 2007-07494 in the amount of $17,207.60 entered in the Prothonotary's Office of Cumberland County, Pennsylvania recorded on December 14, 2007. 6. That the Federal Tax Lien referred to in paragraph 10, totaling $49,701.15 is junior in time to the Plaintiffs 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. {00304220} R 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. 11. 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, PA 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number of the taxpayer. 12. That the defendant, The United States of America, preserves its right of redemption as provided in Title 28, United States Code, Section 2410(c). 13. The parties to this Stipulation shall bear their respective costs in this proceeding. Dated: W6;slo -? By: Mhry L. Harbert-Bell, Esquire No.:80763 Attorney for Plaintiff Dated: By: #04'r-TAI United States Attorney Civil Division Attorney for United States of America {00304220} ?a LlAi J? .L N X3.3 t,i + 1 9 d h - 330 8001 JANS 3r? ! _.'o jjf j.?u