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HomeMy WebLinkAbout07-1032MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY I.D. NO. 80193 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NJ 08034 (856) 429-5507, ATTORNEY FOR PLAINTIFF Our File No: 859.68867 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF DOCKET NO.: n vs. l d7 - l03?. C.: LU c (.? JODIE L. HOCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 DEFENDANT COMPLAINT - CIVIL ACTION COMPLAINT IN 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 compliant 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 compliant or for any other claim or relief requested by the Plaintiff. You my 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 OUR WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notiticacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demadadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted crumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE AHOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY I.D. NO. 80193 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NJ 08034 856 429-5507, ATTORNEY FOR PLAINTIFF Our File No: 859 68867 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF DOCKET NO.: vs. JODIE L. ROCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is Novastar Mortgage Inc., authorized to do business in the Commonwealth of 2 3 4 Pennsylvania with its principal place of business located at 8140 Ward Parkway, Kansas City, MO 64114. The name and last known address of the Defendant(s) are: Jodie L. Hocker, 112 Willow Mill Park Road, Mechanicsburg, PA 17050. The interest of each individual Defendant(s) is as mortgagor, and/or real owner of the real property subject to the mortgage described below, or both. On or about August 3, 2006, Mortgagor(s) made, executed and delivered a Mortgage upon the premises hereinafter described to Novastar Mortgage, Inc., subject Mortgage is recorded as follows: Office of the Recorder of Deeds in and for Cumberland Count DATE OF MORTGAGE: August 3, 2006 DATE RECORDED: August 7, 2006 BOOK: 1961 PAGE: 2367 Ll 5. L 7. 8 9. The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. On or about August 3, 2006, in consideration of their indebtedness to Novastar Mortgage, Inc., Jodie L. Hocker made, executed and delivered to Novastar Mortgage, Inc., a Promissory Note in the original principal amount of $87,500.00. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, or the legal successor in interest to the original Mortgagee. The Mortgage is secured by property located at 112 Willow Mill Park Road, Mechanicsburg, PA 17050 which is more particularly described in the legal description attached hereto as Exhibit "B" and incorporated herein by reference. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due October 1, 2006, and monthly thereafter have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately 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. The following amounts are due on the Mortgage: Principal Balance: $87,459.18 9.75% interest from September 1, 2006 through $4 015.83 February 21, 2007 at $23.31 per day , Other Fees $52.50 Escrow Balance $444.32 Late Charges $127.81 NSF Charges $15.00 Recoverable Balance $10.75 Attorney's Fees and Costs $4,015.83 TOTAL AMOUNT DUE $96,141.22 Interest continues to accrue at the per diem rate of $23.31 for every day after February 21, 2007 that the debt remains unpaid. 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, and any other lawful foreclosure cost and fees expended by the plaintiff. 11. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sheriff sale, reasonable attorney's fees will be charged. 12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, Pursuant Act 6, 41 P.S. 403, is not applicable. 13. Pursuant to the notice provisions of Act 91, 35 P.S.1680.403 (c) and the notice provisions of Act 6, 41 P.S. 403, as governed by 12 Pa code Section 31.201 et seq. as amended by Act 160 of 1998 effective February 19, 1999, Plaintiff sent the combined Notice of Intention to Foreclose Mortgage and Act 91 notice to Defendant(s), Jodie L. Hocker, on December 13, 2006 attached hereto as Exhibit "C". 14. Defendant(s) has failed to cure the default and Defendant(s) has failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 15. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D". WHEREFORE, Plaintiff respectfully requests this court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph nine (9) of this complaint $96,141.22, plus additional fees and costs expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance costs or repairs and any and all other advances hereafter made by the Plaintiff, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property, plus 6% legal rate of interest, from the date of Judgment to the time of sale. MATTLE , WEI OTH & MILLER ROBERT XYMLISTCK, ESQUIRE ATTORNEY I.D. NO. 80193 VERIFICATION The undersigned, Robert W. Cusick, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff and that she is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: Robert W. Cusick Attorney for Plaintiff Exhibit "A " FROM :CUMBERLAND FAX NO. :7172459GG1 a. 15 2007 11:44AN P15 ?'•, ? 1. '_ ....._ . , , 7 PF1 12 C9 This lnstrnmetlt PrePared By. After Recording Return To: NOVASTAR MORTGAGE INC. 6200 OAK TREE BLVD. THIRD FLOOR INDEPENDENCE, OHIO 44131 Loan Number : 06974213 Uniform Parcel kkAmer Number: 3t-I??10-7v PrOP" Adder: 112 NILLOW MILL PARK RD MECHANICSBURG, PENNSYLVANIA 17050 ?-`- ISPAce Atwve This une For RacwoV Diltal MMGAGE NN; 100080190058505280 IDERNMONS Wogs used in multiple =Woos of this docnaM mY defined below and other words are detlaed in %dions 13, 18, 20 and 21. Certain rules regardit the uoage of words and to this 4ocument are also 3, 11, provided iA seaion 1s. (A) " ' Ot t" means this doe ment, which is dated AUGUST 3, 2006 with all Riders to this docarao,ent. together (B) "Bonvwer" is JODIE 1. ROCKER, Borrower is the mQrtgagor under ft Semrity lastrumW, (A "MFRS" is Merfp$lr gd$ solely as it nominee for [Lrendergemew l oaer's sucoessvS O' • inc. MUS h a separate coepmat w that is a g beat. MEt?S is mgut{ and eafstlttg under the h' b the ? of P. d. Box 2026, FJittt. An A850120x6, tel. (888) 679_MERS • -1d bas an addtep and ?e[ePhom number Y FAn"k PENWSYLVANIA--S F?unpy R 03?? IbTee UNIFtneM INSTRUMENT . WR.S Psgs 1 of I? wwra?y , BK 1 96 E PG2367 k 0 (D) "Lender" is NOVASTAR MORTGAGE, INC. Lender Is a CORRORATI ON and existing under the laws of VIRGINIA organized Lender's address Is 6200 OAK TREE BLVD. THIRD FLOOR, INDEPENDENCE, OHIO 44131 (E) "Note" means the promissory note signed by Borrower and dated AUGUST 3, 2006 The Note states that Borrower owes bender EIGHTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100 Dollars (U.S. $ 8 7, 5 0 0.0 0 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than AUGUST 1, 2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note. plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus Interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): ® Adjustable Rate Rider ? Planned Unit Development Rider ? Balloon Rider ? Biweekly Payment Rider ? 1-4 Family Rider ? Second Home Rider ? Condominium Rider ® Other(s) [specifyl PREPAYMENT RIDER TO SECURITY INST (f) "Applicable Law" means all controiling applicable federal, state and local statutes, regulations. ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judiciai opinions. (l) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are Imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (IQ "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,. or similar paper instrument, which Is initiated through an electronic terminal, telephonic Instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit as account. Such term inches, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. 00 "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described In Section 5) for: (f) damage to, or Fannie Mae Form 3039 INSTRUMENT. MERS Page 2 of 17 °-Wa9reepu ms SW449-1pes rwvM! dxrnai* cv n 6V • destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to. the value and/or condition of the Property. (N) "A40 tae Insmmm" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, Plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used to this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note: and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS the following described property located in the COUNTY of CUMBERLAND !Type of Recording Juris"on] ]Name of Recording Jwbdtdton] SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. (STATE: PENNSYLVANIA, COUNTY: CUMBERLAND) TOGETHER WITH all the improvements now or hereafter erected on the ProP y appurtenanoes, and fixtures now or hereafter a part of the propertyall . All replacements and additions shall also be Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MM holds only legal title to the interests Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for gricated by Borrower this Security Leader and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose which currently has the address of 112 WILLOW MILL PARK RD istreal MECHANICSBURG , Penns lvania 10t Yl y 17050 ("Property Address"): [7!p Code] Farrde MaWFredd oitVfsc t1NII RM INSTRUMENT - MERS ?WeeVbn = eoo.e+s.iaez Form 3039 01101 Page 3 or 17 W'wdbetnao--con V ? and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Inshvmeni. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment ofPrindpal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Inshwnent is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making under the Note and this Security Instrument or performing the covenants and agreements secured by this Security instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all accepted and applied by Lender shall be applied in the following order of priori tY payments the Note; (b) principal due under the Note; (c) amounts due under Section . Such payments (a) interest tine under the Note; Payment in the order in which it became due, Any remaining amounts shall bbeplied first be po l te tag Pencond to any other amounts due under this Security Inshvment, and then to reduce the principal balance of the Note. If Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due. the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding Lender may apply any payment received from Borrower to the repayment of the Periodic Payments If, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the fall payment of one or more Periodic Payments, such excess may ?.?uAe maeirraoohe Mac UNIFORM INSTRUMENT - MERS gook 9VbMQD &M44ar36z poem 3039 01/41 Page 4 of 17 www.docmagts.com 0 be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as alien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called-"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Leader all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Leader receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time. called and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held In an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made In writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender cam agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make p the shortage in accordance with RESPA, but In no more than 12 monthly payments. If there is a deficiency of XARM INSTRUMENT - MERS aoa 362 Page 5 of 17 WwW daCmw9k--cam #AV 0 Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment In full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes. assessments, charges, tines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the are Escroif any, and Items, Community Association Dues, Fees, and shall pay them in the manner provided in Assessments, Section 3 y To the extent that these items Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees In writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower Is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending. but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the Lien to this Security Instrument. If Lender determines that any part of the Property is subject to a Hen which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. Properly lamed Property Insurance. nst ossl wer shall keep the improvements now existing or hereafter erected on the by Bfire, orrower hazards included within the term extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not he exercised unreasonably. Leader may require Borrower to pay, in connection with this Loan, either: (a) a one- time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from as objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender,. but might or might not protect Borrower, Borrower's equity In the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall Include a standard morigage clause, and shall name Lender as mortgagee and/or as an V.-M. lFreMe K&, UNIF-ORM INSTRUMENT - MERS irk CV% nM W&84& 1.76-1 01/01 Page B of 17 WWwc.cp» 0 additional loss payee. Lender shall have the right to hold the policies and renewal certificates. if Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any Insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economfraily feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have -the right to hold such Insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Leader's satisfaction, provided that such hasp rdou shall be undertaken promptly. Lender may disburse restoration in a single y proceeds for the repairs and payment or in a series of progress payments as the work Is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to. the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Leader that the Insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument. and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the dams a or fm the Pro Property; Inspections. Borrower shall not destroy, g e perry, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property order to deterioratin or decreasing Prevent the Property from g in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration Is not economically feasible. Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work Is completed. If the insurance or condemnation proceeds are not sufficient Farms Y MwIFreddlelNiac UNIFORM IN Form 3039 01/01 STRUMEIYT -MFRS C gPbM= eo04e49-rX2 Page 7 of 17 w'w?v, •cW to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the Interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such seasonable cause. 8. Borrower's Loan Application. Borrower shall be In default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate Information or statements to Lender (or failed to provide Lender with material information) in connection with the Lawn. Material representations include, but are not Sm3ted to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights -Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained In this Security Instrument. (b) there is a legal proceeding that might significantly affect Lender's Interest In the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of alien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's Interest In the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property. and searing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums seamed by a lien whirr has priority over this Security Instrument: (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks. replace or board up doors and windows, drain water from pipes. eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Seaton 9. Any.amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument Is on a leasehold, Borrower shall comply with all the provisions of the lease. if Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. X. for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage insurance previously In effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the Insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fad that the Loan , is ultimately paid in full, and Lender shall not be required to pay Borrower any Interest or earnings on such Ions reserve. Lender can no longer require loss reserve payments if Mortgage Insurance PENNSYLVANIA-StVg Fe" Fannie Mae/Freddie tulac UNIFORM INSTRUMENT - MFRS D-AII 8k 9VWWW W044SL1362 Form 3039 01/01 Page 8 or 17 www.db=nVk cam 6F 0 coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Leader requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage hmurance, Borrower shall pay the premiums required to maintain Mortgage insurance in effect, or to provide a non-refundable loss reserve, until Leaders requirement'for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Leader (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may Include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) an that derive from (or Wright be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk ig exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower wig owe for Mortgage Insurance, and they, will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned al the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfelirhre. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Leader. If the Property is damaged, such Miscellaneous proceeds shall the applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall, have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on such Miscellaneous Proceeds. Lender "I not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds If the restoration or repair is aot economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for In Section 2. Fannie Mae/Freddie P&c UNIFbRM INSTRUWNT - MFRS DoeAfl - Q7Fasv" WO.64&I 2 Form 3039 01101 Page 9 of 17 WWW dbCMegdc-can P 6F 0 In the event of a total taking, destruction, or loss in.value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss In value is equal to or of the sums secured by this Security Instrument immediately before the d tr greater than the amount uction, or in value, loss unless Borrower and Lender otherwise agree In writing, the sums secured byti this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking. destruction, or loss in value divided by (b) the fair market value of the. Property immediately before the partial taking, destruction, or loss in value. Any balance shall he paid to Borrower. the Pro the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of Pe1'tY immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured Immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond {to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Lstrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is judgment, could result in forfeiture of the Property or other material im began that in pap Lender's or rights under this Security Instrument. Borrower can are such a defaultn?d,u if acceleration has occurred, reinsstatet as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material Impairment of Lenders interest in the pro rights under this Security Instrument. The proceeds of any award or claim for dam party he impairment of Lender's interest In the Property are hereby assigned and shall be paid o Lthat eader attributable to the All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums by this rity Instrument by reason of any demand made b the out secured B ere forbearance by Lender in exercising an right or b Wading, or any Successors in Interest of Harrower. Any payments from third any without limitation, Lender's acceptance of persons, entities or Successors In Interest of Borrower or In amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liabilityshalt be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) Is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument: (b) is not rani IVrae/Fraddis P&C UNIFbRM INSTRUMENT - MERS Form 3039 01101 Page 10 of 17 Dacmay/c etwm W&649-736t www doarr+giC.cwn Personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or matte any accommodations with regard to the terms of this Security lwtnmmt or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Le nder agrees to such release in writing. The covenants and agreements of this SecudtY Instrument shall bind (except as provided in Section 24) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed In connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees. the absence of express authority In this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly Instrument or by Applicable Law. Prohibited by this Security If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any somas already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by malting a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge Is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security federal law and the law of the jurisdiction in which the Property is located. All rights o shall n governed by this Security Instrument are subject to t3b? and ? oblig ations contained in ex li Sec or n any requirements and limitations of Applicable Law. Applicable Law might p y implicitly-allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Inshvment or the Note which can be given effect without the conflicting provision, PENNSYLVANIA-Single Farmly Farn?tee Mae/Freddie Hlac UNIFORM INSTRUMENT . MFRS DOCAQ8Ic 9VWmw san.eta r trz Form 303901/01 Page 11 of 17 -WW. dba+mo--cant Gr 0 As used in "IS Security instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's COPY- Borrower shalt be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and Immediate beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender way require payment in full of all sums secured by this Securi shall not be exercised by Lender if such exercise Is prohibited b A ty Instrument ' However, this option If Lender exercfses this option, bender shall give Borrower notice of a eleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums rior to the e this period, Leader may invoke any remedies permitted by this Security Ins p xpiratio of on Borrower. Instrument without further notice or dema and 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Securi other period as Applicable Law might s ty Instrument; (b) such ,judgment enforcln this- ??' for the termination of Borrower's right to reinstate; or (c) entry of a g Security Instrument- Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred cares of any other covenants or agreements; (c) Bays all expenses incurred in enforcing this ' (b) ens any default but oat limited to reasonable attorneys' fees, Pre Security i nsh lument, including, purpose nn Perry Inspection and valuation fees, and other fees incurred for the Protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Proder and Borrower's obligation to pay the sums secured b h ty and rights ntinu this Security by this Security Instrument, shall continue unchanged. Fender may require that Borrower pay such reinstatement sums and expenses in one or more of the folio as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, wing forms, treasurer's any such check is drawn upon an institution whose deposits are insured byeral agency, inshier s check, or entity: or (d) Flectronic Funds Transfer. Upon reinstatement by Borrower, this Security g Y' instrumentality secured hereby shall remain fully effective as if no acceleration had occurred. HowevetInstrument his right to anreinsttatte shall not apply In the case of acceleration under Section I8. 20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security h atr ument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Pa and this Security Instrument and performs other mortgage loan servicing obligations under the Not this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there Is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Not, the mortgage loan servicing obligations PENNSYEVANIA-sings r Fannie Mae/Freddie Mac UNIFORM INSTRUWNT - MERS Form 3039 01/Oi ---^WC 4VMMW d0o 6?9 73b2 Page 12 of 17 www.docirrWC eons r i to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or he joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and A an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is In violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Leader written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (e) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration folhming Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Leader shad (a) the default; (b) the action required to cure the default; (c) when ?efamust be ned;a nd (t fte"o Nlsc UNUFbRM INSTRUMENT - MERS 01/01 Page 13 of 17 ooea C MVRMMM nabs s1aez www.coM ?r 6 failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judkial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as sped$ed, Leader at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by j e shall he entitled to collect all expenses incurred In es provided thii Section proceeding. Leader but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Acable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall. terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27• Interest Rate After Judgment- Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. INSTRUMENT - MERS uocMsgro E eoa1e1 1111 Page 14 of 77 rvww.docniagir-cM /0 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. IrN, (Seal) J IE ?LLHH 00 CC KK EE-Borrower Witness: - (Seal) -Borrower - (Seal) -Borrower Witness: -. (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower PENNSYLVANIA-S' le Family D-MmocellcMTM roaarar3Ba Fannie Mae/Frerkie Mae UNIFORM INSTRUMENT - MERS Form 3039 01/01 Page 15 of 17 WWW.docnzrgic.cm COMMONWEALTTI OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) On this the 3 r4 day of A ' "q tny1 ? C* (P , before me, A1i04AL?-L V LOL5- the undersigned officer, personally appeared JODIE L. ROCKER 0 mown to me for satisfactorily rover) to be the person whose nameis/4subscribed to the within instrument and acknowledged tbat)e/shd&V executed the same for the purposes therein contained. In witness whereof; I hereunto set my hand and official seals. =99-T-H OF PE44SY VANIA Ou Jen, 23, 2010 meft". Psnhsovanla Asroch" of No"s (Notary's Stamp and Embosser) M-Lj IA?*-- Signature YWl fM'` Title of Officer My commission expires: 3;r,, b 5.26) to INSTRUMENT • MERS Page 16 of 17 A-w4v- aw" 8004,90-13aa www.d =nvgk.cvm 0 0 Cesti$cate of Residence of Mo ter.. The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named in the within instrument: and (if) Mortgagee's precise residence is: 6200 OAK TREE BLVD. THIRD FLOOR, INDEPENDENCE, OHIO 44131 Witness my hand this 3 e0l day of A Ul tS4- G4.0.G Signature of MaoYgagee or Mertgagee's Duly Authorized Attwney w Agmt Mir A ) P ,1t t: Type or Print Name of Mortgagee OF Mortgagee's Dnly Audi Attorney or Agent PENNSYLVANIA FaMF Fannie Mae/FredC U NI U&N INSTRUMENT - MERS Form C e9b0amBi 800-649-7362 3038 01/01 Page 17 of 17 *UW dbu+mvA:4srom Exhibit "B " Date: 7/1612006 Order Number: 000030710 Re: Jodie L. Rocker a 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 CUMBERLAND County MIBIT 'A' ALL that certain lot of land, with the buildings and improvements thereon erected, situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Michael D'Angelo, R.S., dated November 16, 1977, as follows, to wit: BEGINNING at a point at an iron pin on the Northerly line of Willow Mill Park Road (T-600), said point being 50 feet in a Westerly direction from the Eastern right-of-way line of Township Road (T-610); said point also being at the dividing line between Lots No. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the Northerly line of Willow Mill Park Road, South 53 degrees 19 minutes 30 seconds West, 50 feet to a point; thence by the Easterly line of Lot No. 3 on the hereinafter mentioned Plan of Lots, North 37 degrees 45 minutes West, 141 feet to a point at the water line of the Conodoguinet Creek; thence by said line of the Conodoguinet Creek, North 53 degrees 19 minutes 30 seconds West, 50 feet to a point on the Westerly line of Lot No. 1 of the hereinafter mentioned Plan of Lots; thence by the said line of Lot No. 1, South 37 degrees 45 minutes East,141 feet to the point on the Northerly line of Willow Mill Park Road (T-600), the point and place of BEGINNING. BEING Lot No. 2 on the Plan of Cottages known as Willow Mill Park and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2, page 103. HAVING THEREON ERECTED a dwelling known and numbered as 112 Willow Mill Park Road, Mechanicsburg,,Pennsylvania. Time: 3:10:43 PM Pape: 7 of 7 Order Number 000030710 Exhibit "C" r L December 13, 2006 7kL0 3W3 9844 46]p 2732 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. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEM") may be able to help to save your home This Notice explains how the program works To see if HEMAP can hell), 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 vhone number of Consumer Credit Counseline 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 7'17-'18x1869) 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: t JODIE HOCKER 112 WILLOW MILL PARK RD MECHANICSBURG, PA 17050 2567584 NOVASTAR MORTGAGE INC. NOVASTAR MORTGAGE, INC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 PROVISIONS OF THE HOMEOWNER'S 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, ? IF 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. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of 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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (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- CONS - UMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the nro M is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANC&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 Homeowner's Emergency Assistance Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program 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 complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. • 4 V 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 your application. During that 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 Pennsylvania Housing Finance 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 INFORMA'T'ION 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 U to date) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 112 WILLOW MILL PARK RD MECHANICSBURG, PA 17050 IS SERIOUSLY IN DEFAULT because of. NONPAYMENT YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/2006 through 12/13/06 Other charges (explaintitemize): 2648.66 Corporate advances: 0 TOTAL AMOUNT PAST DUE: 2648.66 HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2648.66, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments roust be made either by cashier's check, certified check or money order made payable and sent to: Attn: Cashiering NovaStar Mortgage _8_140 Ward Pwkwav Suite 300 Kansas City. MO 64114 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mort gage 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 total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose aeon your mortgaged property. i 0 0 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 the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's 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 paving the total amount then past due, plus any late or other charges then due reasonable attorney's 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 M 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 a Sheriffs Sale of the mortgaged property could be held would be approximately 4 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 Lender: NovaStar Mortgage, Inc. Address: 8140 Ward Parkway, Suite 200 Kansas City, MO 64114 Phone Number: (888) 289-1208 Fax Number: (816) 627-5854 Contact Person: Collections EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings 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 attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. i+ I ? r V 0 YOU MAY ALSO HAVE THE RIGHT: ? TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. 4TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 4, TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) 4- 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (please see attached document) PREVIOUS DISCHARGE IN BANKRUPTCY: In the event that the underlying debt has been discharged as a result of a prior bankruptcy proceeding, NovaStar Mortgage hereby acknowledges that it is not assessing personal liability for the debt to the borrower(s) and that its recourse in collection matters shall be limited to the collateral described in the security instrument. If you have previously received a discharge in bankruptcy, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. Ibis letter is written as an attempt to collect a debt and any information obtained will be used for that purpose. Sincerely, NovaStar mortgage, Inc M HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11!6/2006 3:46:15 PM Adorns County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Westem PA 2000 Unglestown Road Harrisburg, PA 17102 888.5112227 Community Action Commission of Captlal Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Sheet Harrisburg, PA 17110 717.780.3940 600.342.2397 IV Q? 1 -+ d F n u.? VnI r? W "rJ t?J O Y? C to MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER III, ESQUIRE Attorney I.D. No.: 46450 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff File No.: 859.68867 NOVASTAR MORTGAGE INC. 8140 WARD PARKWAY, SUITE 200 KANSAS CITY, MO 64114 PLAINTIFF vs. JODIE L. HOCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 07-1032 CIVIL TERM PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Default Judgment in favor of Plaintiff, Novastar Mortgage Inc., and against the Defendant, Jodie L. Hocker, for failure to Answer the Complaint in Civil Action Mortgage Foreclosure. Service of the Complaint was made on the Defendant, Jodie L. Hocker, via Cumberland County Sheriff on March 8, 2007. Assess Damages as follows: Principal Balance $87,207.18 Interest through May 31, 2007 $4,015.83 NSF Fee $15.00 Late Charges $278.17 Property Inspection $32.75 BPO's / Appraisals $280.00 Foreclosure Attorney Fees/Cost 61'5:$3 Less Funds in Escrow $496.68 Total Amount of Judgment $96,341.44 MA 1 N OTH MILLER BY: 4444 4 111, ESQUIRE r`f A NEY I.D. NO.: 46450 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary TO: Jodie L. Hocker NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF DOCKET NO.: 07-1032 CIVIL TERM vs JODIE L. HOCKER NOTICE PURSUANT TO 112 WILLOW MILL PARK ROAD RULE 236 MECHANICSBURG, PA 17050 DEFENDANTS NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTION CONCERNING THIS NOTICE, PLEASE CALL: JOHN C. MILLER III, ESQUIRE #46450 MATTLEMAN, WEINROTH & MILLER (856) 429-5507 MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER III, ESQUIRE Attorney I.D. No.: 46450 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff NOVASTAR MORTGAGE INC. 8140 WARD PARKWAY, SUITE 200 KANSAS CITY, MO 64114 PLAINTIFF vs. JODIE L. HOCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 07-1032 CIVIL TERM AFFIDAVIT OF ADDRESS STATE OF NEW JERSEY COUNTY OF CAMDEN SS I, JOHN C. MILLER III, Esquire, being duly sworn according to law, upon my oath, depose and say: 1. 1 certify that the Plaintiff's address is 8140 Ward Parkway, Suite 200, Kansas City, MO 64114. 2. 1 certify that the Defendant's address for Jodie L. Hocker is 112 Willow Mill Park Road, Mechanicsburg, Pa 17050. 3. 1 certify that the foregoing information is true and correct to the best of my knowledge, informatic Sworn and Subs fibedtto bef me this d y of 7. BEATRIC HEALEY NOTARY PUBLIC STATE OF #o!OVv JERSEY MY COtu MIMON EXPRES MAY 20, 200$ MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER III, ESQUIRE Attorney I.D. No.: 46450 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff NOVASTAR MORTGAGE INC. 8140 WARD PARKWAY, SUITE 200 KANSAS CITY, MO 64114 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 07-1032 CIVIL TERM vs. JODIE L. HOCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 AFFIDAVIT OF NON MILITARY SERVICE DEFENDANTS STATE OF NEW JERSEY SS COUNTY OF CAMDEN I, John C. Miller III, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: That the Defendant is not in the Military Services of the United States of America or any other Country within the provision of the Soldiers' and Sailors' Civil Relief Act of Congress, as amended; and 2. That the Defendant(s) are at least 21 years of age and reside at: (a). Jodie L. Hocker - 112 Willow Mill Park Road, Mechanicsburg, Pa 17050. The Affidant has ascertained the foregoing information by personal i quiry and knowledge and makes this Affidavit with the authority. ,t. Sworn and Subscribed to MATTLEM LER be me this day old , 2 07. JOHN/C. MILLER III, ESQUIRE ATT RNEY I.D. NO.: 46450 BEATRICE HEALEY N,,' '-AP'11 PUBLIC STAI I-': u A )l MY Ct?E??? ; t i.AY 20, 2005 M .. . .• CO '• S • OFFI CIAL USI M1 C3 O Postage $ M Certified Fee Postmark a Return Receipt Fee Here 0 (Endorsement Required) C7 Restricted Delivery Fee (Endorsement Required) O r-9 Total Postage & Fees 1ru D M aPOBoxNo l ?,pp ?? ?'? ` 1 1 LL ^ . _1-. w ? a ar r-; vi 'kk. - c_ : a SHERIFF'S RETURN - REGULAR CASE NO: 2007-01032 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOVASTAR MORTGAGE INC VS HOCKER JODIE L MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOCKER JODIE L the DEFENDANT , at 2030:00 HOURS, on the 8th day of March , 2007 at 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 JODI HOCKER 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 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 3 ?a c. (01 ??r 37.60- Sworn and Subscibed to before me this So Answers: R. Thomas Kline 03/09/2007 MATTLEMAN WEINROTH & MI ER By: De uty S eriff day of A. D. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOVASTAR MORTGAGE INC. 8140 WARD PARKWAY, SUITE 200 KANSAS CITY, MO 64114 PLAINTIFF vs. JODIE L. HOCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 07-1032 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above referenced matter: 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 (LEGAL DESCRIPTION ATTACHED) Amount Due $ 96,341.44 7 TO 12105/ $ 5,780.49 Interest from 0rd) TOTAL: $102,121.93 (Costs to be ad HISCAAILIfiE SQUIRE ttleman, Weinroth & Miller ,401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 Attorney for Plaintiff (856) 429-5507 r- M „r CIL Q f e ? c ?o by 4• c ? c p ;J . tvll? t'r' ? ? t r s : r.. w Fri v, x- Q u 6m w 466 ALL that certain lot of land, with the buildings and improvements Lhereon erected, situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded sad described is accordance with a survey by Michael D'Angslo, R.9., dated November 16, 1977, as follows, to wit; BEGINNING at a point at an iron pin on the Northerly line of Willow Mill Park Road (T-600), said point being 50 feet in a Westerly direction from the Eastern right-of-way line of Township Road (T-610); said point also beinq at the dividing line between Lots No. 1 and 2 an the hereinafter mentioned Plan of Lots; thence along the Northerly line of Willow Mill Park Road, South 53 degrees 19 minutes 30 seconds West, 50 feet to a points thence by the Easterly line of Lot no. 3 on the hereinafter !mentioned Plan of Lots, North 37 degrees 45 minutes West, 141 feet to a point at the water sine of the Conodoquinet Creeki thence by said line of the Conodoquinet Creek, North 53 degrees 19 minutes 30 seconds West, 50 feet to a point on the Westerly line of Lot No. 1 of the hereinafter mentioned Plan of Lots/ thence by the said line of Lot No. 1, South 37 degrees 45 minutes East,141 feet to the point on the Northerly line of Willow Mill Park Road (T-600), the point and place of BEGINNING. BEING Lot No. 2 on the Plan of Cottages known as Willow Mill Park and recorded in the Office of the Recorder of Deeds in and for Cumberland county in plan Book 2, page 103. HAVING THEREON ERECTED a dwelling known and numbered as 112 Willow !fill Park Road, Mechanicsburg, Pennsylvania. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1032 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NOVASTAR MORTGAGE INC., Plaintiff (s) From JODIE L. HOCKER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,341.44 L.L. $.50 Interest FROM 6/1/07 TO 12/5/07 - $5,780.49 Atty's Comm % Due Prothy $2.00 Atty Paid $133.60 Other Costs Plaintiff Paid Date: JULY 31, 2007 Curtis R. L ng, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name JOHN C. MILLER, III, ESQUIRE Address: MATTLEMAN, WEINROTH & MILLER 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-429-5507 Supreme Court ID No. 46450 ti MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER III, ESQUIRE Attorney I.D. No.: 46450 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff File No.: 859.68867 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF vs. DOCKET NO.: 07-1032 CIVIL TERM JODIE L. HOCKER 112 WILLOW MILL PARK ROAD AFFIDAVIT PURSUANT MECHANICSBURG, PA 17050 TO RULE 3129.1 DEFENDANT STATE OF NEW JERSEY COUNTY OF CAMDEN SS Novastar Mortgage, Inc., Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 112 Willow Mill Park Road, Mechanicsburg, PA 17050: 1. Name and address of Owner(s) or Reputed Owner(s): Jodie L. Hocker 112 Willow Mill Park Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the Judgment: Jodie L. Hocker 112 Willow Mill Park Road Mechanicsburg, PA 17050 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Novastar Mortgage, Inc. (Plaintiff herein) 8140 Ward Parkway - Suite 200 Kansas City, MO 64114 Domestic Relations Court 13 North Hanover Road Carlisle, Pa 17013 Pennsylvania Department of Revenue Bureau of Compliance Atn: Keith Richardson 4th & Walnut Sts. Harrisburg, PA 17128 Mr. John Roller Chief Probation and Parole Officer Cumberland County Courthouse One Courthouse Square, Third Floor Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Novastar Mortgage, Inc. (Plaintiff herein) 8140 Ward Parkway - Suite 200 Kansas City, MO 64114 5. Name and address of every other person who has any record lien on the property: None known. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Occupant 112 Willow Mill Park Road Mechanicsburg, PA 17050 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Occupant 112 Willow Mill Park Road Mechanicsburg, PA 17050 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I that false statements herein are made subject to the penalties of 18 Pa. C.S. S ion 4904 relating o unsworn falsification to authorities. EY I. D. NO.: 46450 Sworn and Subscribed to me this 16th Day of July, 2007. Notary Public KERRII K. HOLIDAY MWAQY PUBLIC OF NEW JOEY JV?UlQW RE G Q rte s'._ ?' ,r 5 ,., w f MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, Esquire Attorney I.D. No.: 46450 401 Route 70 East, Suite 100 Cherry Hill, New Jersey 08034 Telephone: (856) 429-5507 Facsimile: (856) 964-0156 Attorneys for Plaintiff File No.: 859.68867 NOVASTAR MORTGAGE INC. 8140 WARD PARKWAY, SUITE 200 KANSAS CITY, MO 64114 PLAINTIFF vs. JODIE L. HOCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 07-1032 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: Your house (real estate) at 112 Willow Mill Park Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriff's Sale on December 5, 2007 at 10:00am in Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the Court Judgment of $96,341.44 obtained by Novastar Mortgage, Inc. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be canceled if you pay to JOHN C. MILLER, III, Esquire, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may call JOHN C. MILLER, III, Esquire, at (856) 429-5507. 2. You may be able to stop the Sale by filing a petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. I You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling JOHN C. MILLER, III, Esquire, at (856) 429-5507. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call JOHN C. MILLER, III, Esquire, at (856) 429- 5507. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff on January 4, 2008. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed Distribution is wrong) are filed with the Sheriff ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MATTLEMAN, WEINROTH & MILLER + BY: JOHN C. MILLER III, ESQUIRE Attorney I.D. No.: 46450 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff File No.: 859.68867 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF vs. JODIE L. HOCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 DEFENDANT DOCKET NO.: 07-1032 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.2 STATE OF NEW JERSEY SS COUNTY OF CAMDEN I, John C. Miller, III, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say: 1. I am a member of the firm of Mattleman, Weinroth & Miller, attorneys for the Plaintiff in the above entitled cause of action. 2. This matter is scheduled for sheriff sale on December 5, 2007. 3. On October 1, 2007, the Notice of Sheriff's Sale of Real Property was served on the defendants, via personal service. A copy of the Affidavit of Service is attached hereto and made a part hereof as Exhibit "A." 4. On October 8, 2007, the Handbill/Sheriff s Sale Bill was posted on the subject property. A copy of the Affidavit of Service is attached hereto and made a part hereof as Exhibit 5. On July 19, 2007 a copy of the Notice of Sheriff's Sale of Real Property was sent to all parties in interest and claimants by registered mail. A copy of the receipt of registered mail is attached hereto and made a part hereof as Exhibit T." Sworn and Subscribed to before me this 29TH Day of October, 2007. i L4 t I Notary KOM Pub KcY L16- NOMY MIX OF !EW JEMEY CbW ft M#W VMMI0 EXHIBIT "A" Novastar Mortgage Inc. VS Jodie L. Hocker In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-1032 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 01, 2007 at 1440 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jodie L. Hocker, by making known unto Wesley Newhouse, adult boyfriend of defendant, at 112 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1544 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jodie L. Hocker located at 112 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jodie L. Hocker by regular mail to her last known address of 112 Willow Mill Park Road, Mechancisburg, PA 17050. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. So Answers: / R. Thomas Kline, Sheriff BY Real Estate °rgeant EXHIBIT "B" n o m r V 3 K y33 r „ m c N 0 r? V`" N N r ? C ON ? a c w c Q m Q v c ?. (/? pl- m w O w '`\ 7 r' 0 o m 3 g R W 3 0 W d .9 0 T 1 CO) d A W K A 3 0 N (A CD i X1.19 2MI Us !")I S 1 m m 3 O :K Z N W ; m _ CD :3 D n - Zp? a c'D ?mm o0) ; o rj) w ? CD go ?a r _ O (D O ? n gip c?j? 000M C 0 =?WCD C D) _ 0 1 O =r CD (D O N? Dl n 0I 7 p p S ? 0 0 y Z 0 0 ???? S 13 7 j N C Q y s Q 0 S p ® ) W `G C N O =r O O m ? ? =r D a C D O - ? n X CD D cr C y ?<D n C L0 ?c C?cu -o d' c DU13 O v j m .40 d a@ m w a 0? C :3 fD C~ W m O m O CI O Dd T 7c w01 `G w??0 N 7 D) O p 1 0 (D x C CD 0- m p co A 0 n (D to CA CL 0 C D 3 0 T :3 0 . °i °yo CD m 0?©? C (D sm m ;o m m m a (i CD m C C T m c^ a to a ; m m o m w o M a o m. m 0 n ' a' C ID 3 m m O w L2: s. m 'm - m W 0% 1750 x 0711811200' m o3 0omm rA mw 0 ° 3 _ j" 08034 ,w m ro ' M2iled From ? = o = m t !C7i uE m' fD m ? n mto ?D N m CD fD C N N C C ? ?a v ?m Ow o; D o, m TD CD n CD o m m y O 2 T m D T ?_ ray ?_r'_ MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER III, ESQUIRE Attorney I.D. No.: 46450 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff File No.: 859.68867 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF DOCKET NO.: 07-1032 CIVIL TERM vs. JODIE L. HOCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 DEFENDANT PETITION TO SET ASIDE THE SHERIFF'S SALE Plaintiff, Novastar Mortgage, Inc., by and through its attorneys, Mattleman, Weinroth & Miller, P.C., hereby moves Your Honorable Court to set aside the Sheriffs Sale as follows: A Complaint in Mortgage Foreclosure was filed by Plaintiff against Defendants on February 23, 2007. 2. Subsequent thereto, Default judgment was entered on June 20, 2007 and notices of Sheriffs sale prepared in accordance with Pennsylvania Rule of Civil Procedure 3129. 3. The address of the property in this action is 112 Willow Mill Park Road, Mechanicsburg, PA 17050. 4. The Sheriffs sale took place on December 5, 2007 and the property was purchased by the attorney on the Writ for Plaintiff for the amount of $1.00. 5. The Plaintiff received payoff funds on December 5, 2007 in the amount of $94,813.80. 6. The Defendant will suffer no prejudice or hardship by setting aside this sale as Defendant received all appropriate notices and did not contest the underlying foreclosure action. 7. This motion is brought with the consent of the sheriffs office and in fact, was recommended by the sheriffs office as the appropriate remedy. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order marking the Writ of Execution "Terms of Sale Not Complied With" and allow the Sheriff of Cumberland County to set aside sheriffs sale and return the Writ of Execution to the Prothonotary's office. Respectfully submitted, MATTLEM#I,/,N?-T ,NRQTH & MILLER, C. MIL , SQUIRE No. 46450 Dated: January 3, 2008 MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER III, ESQUIRE Attorney I.D. No.: 46450 401 Route 70 East, Suite 100 Chevy Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff File No.: 859.68867 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF vs. JODIE L. HOCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 DEFENDANT DOCKET NO.: 07-1032 CIVIL TERM CERTIFICATION JOHN C. MILLER, 111, ESQUIRE, counsel for Plaintiff, hereby certifies that a copy of the foregoing Petition to Set Aside the Sheriffs Sale was served upon the following person(s) by regular first-class mail, postage pre-paid, on this 3rd day of January, 2008. JODIE L. HOCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 MA Ily su P.C. MILLER, 111, ESQUIRE I.D. No. 46450 Dated: January 3, 2008 MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER III, ESQUIRE Attorney I.D. No.: 46450 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff File No.: 859.68867 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF DOCKET NO.: 07-1032 CIVIL TERM vs. JODIE L. HOCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 DEFENDANT VERIFICATION The undersigned, John C. Miller, III, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff and that he is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Petition to Set Aside Sheriffs Sale are true and correct to the best of his knowledge, information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S tON 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES DATE: January 3. 2008 H MILLER, III, ESQUIRE Att ey for Plaintiff At rnev I.D. No. 46450 •a= NOVASTAR MORTGAGE INC. IN THE COURT OF COMMON PLEAS OF 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY, PENNSYLVANIA KANSAS CITY, MO 64114 PLAINTIFF V. JODIE L. HOCKER, 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 DEFENDANT NO. 07-1032 CIVIL ORDER OF COURT AND NOW, this 141h day of January, 2008, upon consideration of the Plaintiff's Petition to Set Aside Sheriff's Sale, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before February 4, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. John C. Miller, III, Esquire Counsel for Plaintiff Jodie L. Hocker Defendant bas M. L. Ebert, Jr., 'lop i LIT mat u By the Court, ? G d ? ! Vr 86OZ MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER IIII, ESQUIRE Attorney I.D. No.: 46460 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff NOVASTAR MORTGAGE INC. 8140 WARD PARKWAY, SUITE 200 KANSAS CITY, MO 64114 PLAINTIFF vs. JODIE L. HOCKER 112 WILLOW MILL P?RK ROAD MECHANICSBURG, A 17050 DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 07-1032 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE 1. On January 8, ',2008 a Petition to Set Aside Sheriffs Sale together with a Rule to Show Cause why said Petition should not be granted was-filed by counsel for Novastar Mortgage, Inc., and served upon all parties. 2. Pursuant to said Petition, a Rule was entered on January 14, 2008, Returnable on February 4, 2008 by the Court of Common Pleas of Cumberland County in the person of the Honorable'M.L. Ebert, Jr. See Exhibit "A". 3. Said Rule was'I served upon all counsel and unrepresented parties via First Class mail by the Cumberland County Prothonotary's Office on January 15, 2008. 4. To date, no WHEREFO making the File No.: 859.68867 rty has filed a response or interposed any objection to the Petition. , Novastar Mortgage, Inc., prays this Honorable Court enter an Order Absolute and Set Respectfully By: Sale. P.C. , ESQUIRE DATED: February 6, EXHIBIT "A" NOVASTAR MORTGAGE INC. : IN THE COURT OF COMMON PLEAS OF 8140 WARD PARKWAY, SUITE 200 : CUMBERLAND COUNTY, PENNSYLVANIA KANSAS CITY, MO 64114 PLAINTIFF V. JODIE L. ROCKER, 112 WILLOW MILL Pi RK ROAD MECHANICSBURG, A 17050 DEFENDANT NO. 07-1032 CIVIL ORDER OF COURT AND NOW, this 10 day of January, 2008, upon consideration of the Plaintiff's Petition to Set Aside Sheriffs Sale, IT IS HERE?Y ORDERED AND DIRECTED that: 1. A Rule isl issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before February 4, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by PlainW shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. M. L. Ebert, Jr., John C. Miller, lll, squire Counsel for Plaint Jodie L. Hocker Defendant bas TF1U Copy F ??iti?? O C V) ?1is14? fit 'ham and thj sal v-1 . • -' 'COUA at By the Court, C za + c T1 ? - r .? ....- e fir. c FEB 12 2008 !Y MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER III, ESQUIRE Attorney I.D. No.: 46450 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 _Attorneys for Plaintiff File No.: 859.68867 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF vs. JODIE L. HOCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 DEFENDANT DOCKET NO.: 07-1032 CIVIL TERM ORDER MAKING RULE ABSOLUTE AND NOW, this th day of IF ebt, j , 2008, upon Petition of Novastar Mortgage, Inc., the Rule entered on January 14, 2008, Returnable February 4, 2008 is hereby made absolute and Novastar Mortgage, Inc. is granted leave to set aside the Sheriffs Sale held on December 5, 2007. BY THE COURT: ?k ? ? - J. ,. . (1 -1737g) C 7 Z :01 WV C 183,E OOIIZ 3)-U Jo 91 H Novastar Mortgage Inc. VS Jodie L. Hocker In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-1032 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 01, 2007 at 1440 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jodie L. Hocker, by making known unto Wesley Newhouse, adult boyfriend of defendant, at 112 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1544 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jodie L. Hocker located at 112 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jodie L. Hocker by regular mail to her last known address of 112 Willow Mill Park Road, Mechancisburg, PA 17050. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney John C. Miller, III, on behalf of Novastar Mortgage Inc. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED per letter of request from Attorney John C. Miller, III. Pursuant to order of court dated February 13, 2008 by Honorable M.L. Ebert, the sheriffs sale conducted on December 5, 2007 for the property located at 112 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania is hereby set aside. Sheriffs Costs: Docketing $30.00 Poundage 1,895.98 Posting Bills 15.00 Advertising 15.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 17.28 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 314.69 Share of Bills 14.92 $2,705.37 ? A J, M ?'? ?agyy .1o?s ? 1 So Answers: R. Thomas Kline, Sheriff BY Real Estate rgeant I - , . MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER III, ESQUIRE Attorney I.D. No.: 46450 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff File No.: 859.68867 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF DOCKET NO.: 07-1032 CIVIL TERM vs. JODIE L. HOCKER 112 WILLOW MILL PARK ROAD AFFIDAVIT PURSUANT MECHANICSBURG, PA 17050 TO RULE 3129.1 DEFENDANT STATE OF NEW JERSEY COUNTY OF CAMDEN SS Novastar Mortgage, Inc., Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 112 Willow Mill Park Road, Mechanicsburg, PA 17050: 1. Name and address of Owner(s) or Reputed Owner(s): Jodie L. Hocker 112 Willow Mill Park Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the Judgment: Jodie L. Hocker 112 Willow Mill Park Road Mechanicsburg, PA 17050 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Novastar Mortgage, Inc. (Plaintiff herein) 8140 Ward Parkway - Suite 200 Kansas City, MO 64114 Domestic Relations Court 13 North Hanover Road Carlisle, Pa 17013 Pennsylvania Department of Revenue Bureau of Compliance Atn: Keith Richardson 41 & Walnut Sts. Harrisburg, PA 17128 Mr. John Roller Chief Probation and Parole Officer Cumberland County Courthouse One Courthouse Square, Third Floor Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Novastar Mortgage, Inc. (Plaintiff herein) 8140 Ward Parkway - Suite 200 Kansas City, MO 64114 5. Name and address of every other person who has any record lien on the property: None known. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Occupant 112 Willow Mill Park Road Mechanicsburg, PA 17050 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Occupant 112 Willow Mill Park Road Mechanicsburg, PA 17050 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I that false statements herein are made subject to the penalties of 18 Pa. C.S. See ion 4904 relating o unsworn falsification to authorities. .TTORNEY I.D. NO.: 46450 Sworn and Subscribed to me this 16th Day of July, 2007. Notary Public KERRI 1L HOLIDAY NOTARY F OF MW JM C0MMW r+ bVW 3WM0 RE MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, Esquire Attorney I.D. No.: 46450 401 Route 70 East, Suite 100 Cherry Hill, New Jersey 08034 Telephone: (856) 429-5507 Facsimile: (856) 964-0156 Attorneys for Plaintiff File No.: 859.68867 NOVASTAR MORTGAGE INC. 8140 WARD PARKWAY, SUITE 200 KANSAS CITY, MO 64114 PLAINTIFF vs. JODIE L. HOCKER 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 07-1032 CIVIL TERM. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: Your house (real estate) at 112 Willow Mill Park Road, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriff's Sale on December 5, 2007 at 10:00am in Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the Court Judgment of $96,341.44 obtained by Novastar Mortgage, Inc. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be canceled if you pay to JOHN C. MILLER, III, Esquire, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may call JOHN C. MILLER, III, Esquire, at (856) 429-5507. 2. You may be able to stop the Sale by filing a petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling JOHN C. MILLER, III, Esquire, at (856) 429-5507. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call JOHN C. MILLER, III, Esquire, at (856) 429- 5507. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have aright to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff on January 4, 2008. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed Distribution is wrong) are filed with the Sheriff ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1032 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NOVASTAR MORTGAGE INC., Plaintiff (s) From JODIE L. HOCKER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,341.44 L.L. $30 Interest FROM 6/1/07 TO 12/5/07 - $5,780.49 Atty's Comm % Due Prothy $2.00 Atty Paid $133.60 Other Costs Plaintiff Paid Date: JULY 31, 2007 Curtis R ong, Prothonot (Seal) By: Deputy REQUESTING PARTY: Name JOHN C. MILLER, III, ESQUIRE Address: MATTLEMAN, WEINROTH & MILLER 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-429-5507 Supreme Court ID No. 46450 r?xi,n U= Mnz t'L'a ?m1 Real Estate Sale # 3r, On August 16, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 112 Willow Mill Park Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 16, 2007 By: tt ,- ?10 Real Estate ergeant b Z :2 ?;"! The Patriot-News Co. 11 .- ' 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE c?e?lahiot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book °M°, Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 11/07/07 Sworn to and bsc bed befor me this 30 day of November, 2007 A.D. N tary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seat James L Clark. Notary Public City Of Harrislxjg, Oauptrn County My Commission EMm Jule 2, 2008 Member, Pennsylvania Association of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 L'sa arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 9 day of November, 2007 Notary NOTARIAL SEAL r DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ZRTATE SALE NO. 36 Writ No. 2007-1032 Civil Novastar Mortgage Inc. vs. Jodie L. Hocker Atty.: John Miller, III DESCRIPTION EXHIBIT `A' ALL that certain lot of land, with the buildings and improve- ments hereon erected, situate in Silver Spring Township, Cumberland County, Pennsylvania, more par- ticularly bounded and described in accordance with a survey by Michael D'Angelo, R.S., dated November 16, 1977, as follows, to wit: BEGINNING at a point at an iron pin on the Northerly line of Willow Mill Park Road (T-600), said point being 50 feet in a Westerly direc- tion from the Eastern right-of-way line of Township Road (T-610); said point also being at the dividing line between Lots No. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the Northerly line of Willow Mill Park Road, South 53 degrees 19 minutes 30 seconds West, 50 feet to a point; thence by the Easterly line of Lot No. 3 on the hereinafter mentioned Plan of Lots, North 37 degrees 45 minutes West, 141 feet to a point at the water line of the Conodoguinet Creek; thence by said line of the Conodoguinet Creek, North 53 degrees 19 minutes 30 seconds West, 50 feet to a point on the Westerly line of Lot No. 1 of the hereinafter mentioned Plan of Lots; thence by the said line of Lot No. 1, South 37 degrees 45 minutes East, 141 feet to the point an the Northerly line of Willow Mill Park Road (T-600), the point and place of BEGINNING. BEING Lot No. 2 on the plan of Cottages known as Willow Mill Park and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2, page 103. HAVING THEREON ERECTED a dwelling known and numbered as 112 Willow Mill Park Road, Mechan- icsburg, Pennsylvania.