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HomeMy WebLinkAbout07-6073RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) BRADLEY D. SISLEY, ESQUIRE (200040) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY NovaStar Mortgage, Inc. 8140 Ward Parkway Kansas City, MO 64114 V. Rose Marie Williams 444 State Street Enola, PA 17025 Defendant(s) Civil Action Number: b'1- X073 Civil -Tero-N COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION - MORTGAGE FORECLOSURE NOTICE This is an attempt to collect a debt and any information obtained will be used for that purpose. You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. J:\Diane\COMPLAIN\NOVASTAR-ROSEMARIE WILLIAMS CUMBERLAND 10-07.doc IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Diane\COMPLAIN\NOVASTAR-ROSEMARIE WILLIAMS CUMBERLAND 10-07.doe NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J:\Diane\COMPLAIN\NOVASTAR-ROSEMARIE WILLIAMS CUMBERLAND 10-07.doc RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) BRADLEY D. SISLEY, ESQUIRE (200040) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY NovaStar Mortgage, Inc. 8140 Ward Parkway Kansas City, MO 64114 -&. o')- & d 7--3 v. Rose Marie Williams 444 State Street Enola, PA 17025 Defendant(s) Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is NovaStar Mortgage, Inc. (hereinafter referred to as "NovaStar")with offices located at 8140 Ward Parkway, Kansas City, MO 64114. 2. Defendant is Rose Marie Williams, an adult individual with a last-known address of 444 State Street, Enola, PA 17025. 3. Under date of 06/03/2004, defendant executed and delivered to NovaStar Mortgage, Inc. a mortgage upon the premises 444 State Street, Enola, PA (the "Property")to secure the payment of the sum of $59,900.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 06/17/2004 at Bk. 1870, P. 213 and is incorporated herein by reference as though set forth at length herein. A copy of the legal description of the premises is attached hereto and made a part hereof as Exhibit "A". 4. Said Defendant is the real owner of premises 444 State Street, Enola, PA 17025. J:\Diane\COMPLAIN\NOVASTAR-ROSEMARIE WILLIAMS CUMBERLAND 10-07.doc 5. In accordance with Act 91 of 1983, as amended, a combined notice providing the information required by §403 of Act No. 6 of 1974, and Act 91, aforesaid, was sent to the defendant and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit "B". 6. The said loan is in default as a result of the failure to pay the monthly installments of $517.85 due on July 1, 2007 and on the same day of each month thereafter. 7. The following is due on the loan: PRINCIPAL BALANCE .......................................................$58,018.33 INTEREST accrued thru 10/10/2007 of ...............................$1,513.67 Interest after 10/10/2007 shall accrue at the per diem rate of $11.56.) LATE CHARGES accrued thru 10/10/2007 of .....................$61.59 Late charges after 10/10/2007 shall accrue at the monthly rate of $20.53.) ESCROW ADVANCES ........................................................$207.03 FEES BILLED .......................................................................$52.50 COSTS ................................................................................... 300.00 ATTORNEY'S FEE .............................................................. $2.900.00 TOTAL .................................................................................. $63,053.12 The attorney 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 Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, NovaStar Mortgage, Inc. requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $58,018.33 plus interest thereon of $1,513.67 plus $11.56 per day from 10/10/2007 until judgment is paid in full, late charges of $61.59, plus late J:\Diane\COMPLAIN\NOVASTAR-ROSEMARIE WILLIAMS CUMBERLAND 10-07.doc charges of $20.53 per month from 10/10/2007 until judgment is paid in full, escrow advances of $207.03, fees billed of $52.50, costs of $300.00, attorney's fees of $2,900.00 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts to which Plaintiff is entitled to recover. STERN AND EISENBERG LLP BY: STEVE K. N RG, ESQUIRE Attorney for aintiff J:\Diane\COMPLAIN\NOVASTAR-ROSEMARIE WILLIAMS CUMBERLAND 10-07.doc VERIFICATION Nicole Taylor is the Foreclosure Specialist of NovaStar Mortgage, Inc. and is authorized to sign this Verification on behalf of same, and states that he verifies the foregoing Civil Action-Mortgage Foreclosure against R n R P Ma r i P ut i i i i am and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. §4904 relating to the unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. NI OLE TAY R, Foreclosure Specialist DATE: 1 0-2--67 ?, ?z 4 All that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point in the south side of State Road which point is 62.1 feet measured westwardly from a 20 feet wide alley; thence South 24 degrees 30 minutes West, through the center of a partition wall of the premises herein described and those adjoining to the east and continuing beyond the partition wall a total distance of 79.02 feet to the norther line of a 20 feet wide alley; thence along the northern side of said alley North 54 degrees 38 minutes West, a distance of 16.30 feet to a point; thence North 24 degrees 30 minutes East, a distance of 75.95 feet to the south side of State Road; thence along the south side of State Road South 65 degrees 30 minutes East, a distance of 16 feet to a point; the place of beginning. Having thereon erected a''/z of a 2 %z story double frame dwelling known and numbered as 444 State Road, West Fairview, Pennsylvania. Being the same as surveyed by Ernest J. Walker, P.E., on April 30, 1968. Under and subject to easements, restrictions, rights-of-way and other matters of prior record BEING the same premises which Glenn P. Lantz, by Deed dated June 30, 2003, and recorded June 17, 2004, in Book 263, Page 2983, granted and conveyed unto Rose M. Williams, in fee. ti; 7160 3401 4645 d]b4y 7044 r - - M 1191q0-4 September 6, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is official notice that the Mort a an our home is is default, and the lender intends to foreclose. S 'fic information about the nature of the default is rovid in the attached Pages The HOMEOWNER'S MORTGAGE ASSISTANCE PR RAM HEMAp ina be able to hel to save our home. This Notice ex lain how the pro gra m works. To see if HEM" can hell), on must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with as when ou M t with the Counselin LAZenc.L --?_•,?•?. a,reaic c;ounselin A encies servin our Conn are listed at the end of this Notice. If ou have an uestion au may call the Penns aria Hvusin Finance A en toll free at 1-840-342-2397. !Persons with imaired hearine can call 717 780-18691 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 nay be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, pUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCTA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERIDA DEL DERECHO A REDIMIR SU HIPOTECA. a '? HOMEOWNER'S NAME: ROSEMARIE WILLIAMS 444 STATE ST ENOLA, PA 17025 LOAN ACCT. NO.: 4001191824 ORIGINAL LENDER: Novastar Mortgage, Inc. CURRENT LENDER: 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 MEETIN G MUST OCCUR WITHIN - THE NEXT Q30) DAYS. IF YOU DON APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRWG YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" 12 anv? OW TO BRING YOUR MORTGAGE UP TO DAT CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the corm maser 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. De names o deli ted consumer c-redit el hone n in a encies for tbe count in which the pMRerty is located are set forth at the end of thus Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender imm__ ediatelx of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the 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 ofyour face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAQ, TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME UvI MEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-AvatlaNe fends for emergency mortgage assistance are very limited. They will be disbursed by the Agency corder 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 rinse, no foreclosure prncecdings will be pursued against you if you have met the time requirements will be notified directly by the Pennsylvania Housing Finance Age is decision s set forth above. application. my of its decision on your NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT rin it u to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at 444 STATE ST ENOLA, PA 17025 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: 711/2007 through 09/86/09 Other charges (explain/itemize). $ 1,594.61 Corporate advances; S .00 TOTAL AMOUNT PAST DUE. $ 1,544.61 HOW TO CURE THE DEFAULT You may cure the default within THIR'T'Y (30) DAYS of the date of th 1,594.61, is notice BY PAYLNG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S LUS DURING PILE THIRTY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE (30) DAY PERIOD. P eats ,+¢t t- made either by cashier's check. certified check or money order made payable and sent to Attn: CashierlnQ NovaStar Ahiorteag_e 8140 tard ParltWa Sulte 300 Kansas C[tv MO 64114 Z Z'OU DO NOX T CLmF AiiT n? of the date of this C a- ULT-If you do not cure the default within THIRTY (30) DAYS Notice, the )ender intends to exercise its rich a to accelerate the m gu that the entire outstanding balance of this debt will be considered due immediately and you may losethe 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 no your mo gaged proper I F THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the sheriff to pay off the gins e debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender imag attorney's fees that were actually against you' you will still be required to pay the reasonable you, You will have w incurred, up to $50.00. However, if legal proceedings are started against pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's foes will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY Per" you will not be required to oav attorney's fees ?T$ER LENDER RF1Vf>t• ES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. BHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALIIrIf you balm not coved the default within the THIRTY (30) DAY period and foreclosure proceedings have begu to cure the default and orevem the sale at an time to one hour ? You still have the ri hr before the Cheri s a1 . You ma?v An =so by paviap the total amnrast then pct rtr,P plus anY late or other charS then due, reason le costs eomeetea with the fo[CClOa?x b e Sheriffs BitAt7f?y'9 fCeg Blld e sal and any other costs connected with the eriffs Cate a specrfi wfidna by the lender and by txrfotmtn null .,r?. eats under the m the manger set forth in this notice will restore your mortgage to the same Coring your def in defaulted. position as if you had ne never EARL OSSIBLE SHERIFF'S SALE DA -It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 4 months iron 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 S Y E-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 Sriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. A will assume SSUMPTION OF MORTGAGE-You may not sell or transfer your home to a buyer or transferee who costs are the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: r 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. I• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSMON 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.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCE199DING 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) PREVIt7i,iS DISCHARGE IN BANKRUPTCY: 12 the event " 6, oaderlying debt kag been discharged as a result of a prior ban PteY P nB No-Star Mortgage hereby acimowlodga that and it is not assessing pcr-Eal bability for the debt to the borrower( ) s that its recourse in collection msftas shall be limited to the oollatcral described in the saucily insrtrent. if Prev received a disebarge in banlauptay, this corn apordence is not and should not be construed be 871 atterrpt to collect you a have debt. t but ffo onl my cnforccoxyA Of a lien against property. y This letter is written as an atterrrpt to collect a debt and any WMnation ob WmA will be used for that purpose. Sincerely, NovaStar Mortgage, Inc HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 7!192007 2:43.50 PM 14 South 13th Street Haaisburg, PA 17104 717233.0133 Adams County Ieterfft Housing AuMority 40 E High $treat Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Llr osdown Road HxrWxag, PA 17102 888.5112227 Co-m n ky Action Commission of Capdal Region 1514 Derry Street 1 lai. burg, PA 17104 717232.9757 L.ovesiuip, Int. 2320 North 5th Street Harristx . PA 1711D 717.232.2207 1Haren11 ha 43 Phbdelphia Avenue ftynesboro,PA 17288 717.782.3285 PHFA 211 Norlh Front Street _ Flanisbrng, PA 17110 717.780.3840 800.342.2397 4-1 ,3b oo r_- c) - -? - , n _., ril- ? fT cl . V SHERIFF'S RETURN - REGULAR C:?,SR NO: 2007-06073 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOVASTAR MORTGAGE INC VS WILLIAMS ROSE MARIE ROBERT BITNER 18.00 Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILLIAMS ROSE MARIE the DEFENDANT , at 1044:00 HOURS, on the 14th day of November , 2007 at 200 N 2ND STREET LEMOYNE, PA 17043 CORY WILLIAMS, SON , Sheriff or Deputy Sheriff of by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 29.76 _ .00? 10.00 R. Thomas Kline _I?o? 57.76 Sworn and Subscibed to before me this day of , 11/15/2007 STERN & EISENBERG By. Deputy Sheriff A.D. a??t? af. ?urr??ert? L R..THOMAS KLINE Pti Sheriff u EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy To: Postmaster / Agency Contro No. 07 - 6fJ-7 L-/lyl Date: ll ? /v Address Information Request Please furnish this agency with the new address, if available, for the following individual or verify whether the address given below is one at which mail for this individual is currently being delivered. If the following address is a post office box, please fiunish the street address as recorded on the box holder's application form, f? M Name: L? OS 2 V 01 f 2 l t (`?/''i S Last Known Address: S 5??? fn v?? P? l ?? I certify the address information for this individual is required for the performance of this agency's official duties. Y 4 rgnature of Agen/cy Official) IOP, (Title) For Post Office Use Only () Mail is delivered to address given. () Not Known at Address Given () Moved, Left No Forwarding Address () No Such Address () Other (Specify) Agency Return Address New Address (9c) ri ? I VZ76 Too C., 4 171 1 (4? Box holders' Street Address , PA NOV 2001 CUSP 7?? \ Postmark/Date Stamp Please fax results to the Cumberland County Sheriffs Office. Number (717) 240-6397 Address Information Request (Required format) Exhibit 352.44b RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE BRADLEY D. SISLEY, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY NovaStar Mortgage, Inc. V. Civil Action Number: 07-6073 CIVIL TERM Rose Marie Williams Defendant(s) MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Rose Marie Williams, for failure of said Defendant(s) to file a responsive pleading to the Complaint within twenty (20) days of service thereof. PRINCIPAL BALANCE .......................................................$58,018.33 INTEREST accrued thru 10/10/2007 of ...............................$1,513.67 Interest after 10/10/2007 shall accrue at the per diem rate of $11.56.) LATE CHARGES accrued thru 10/10/2007 of ..................... $61.59 Late charges after 10/10/2007 shall accrue at the monthly rate of $20.53.) ESCROW ADVANCES ........................................................ $207.03 FEES BILLED ....................................................................... $52.50 COSTS ................................................................................... 300.00 ATTORNEY'S FEE ............................................................. $2,900.00 LESS SUSPENSE (If any) .....................................................($0.00) J:\Supriya\Sales\Cumberland\NovaStar. Williams. Rose. Marie.01.08.doe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NOVASTAR MORTGAGE, INC. VS. ROSE MARIE WILLIAMS To: Rose Marie Williams 300 N. 2nd Street Lemoyne, PA 17043 Date of Notice: December 5, 2007 NO. 07-6073 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYAND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. [YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:] IF YOU CANNOTAFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR 4TH FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 STERN AND EISENBERG LLP BY: STEVEN K. EISENBERG Attorney for Plaintiff The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 J:\ANGELA\TEN DAY\CUMBERLANDWOVASTAR.WILLIAMS.CUMBERLAND.10.DAY.I2.DOC t?? 40" _ -1 r ri7 ?t -77 r? ?a CD a 4. ,. CIVIL DIVISION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR WRIT OF EXECUTION Caption NovaStar Mortgage Inc. ( ) Confessed Judgment VS. Rose Marie Williams 300 N . a^d S+ Lemoyne, PA 17043 TO THE PROTHONOTARY OF THE SAID COURT: ( ) Other File NO. 07-6073 Civil term Amount Due $64,279.68 Interest from 1/17/08 at the der diem rate of Atty'S Com 1.56 until judgment is paid in full Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) 444 State Street, Enola, PA, 17025 County, See full legal description attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) 444 State Street Enola Pa 17025 See full legal Description attached and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 1/17/08 Signature: Print Nam Steven K. Eisenberg. Esq.. Stern and Eisenberg Address: 261 Old York Read, -Suite 410 Jenkintown, PA 19046 Attorney for: Plaintiff Telephone: (215) 572-8111 Supreme Court ID No.: 75736 (over) Its 3 SL, o° v p o 0 6-O -V cp I.D N • ` All that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point in the south side of State Road which point is 62.1 feet measured westwardly from a 20 feet wide alley; thence South 24 degrees 30 minutes West, through the center of a partition wall of the premises herein described and those adjoining to the east and continuing beyond the partition wall a total distance of 79.02 feet to the norther line of a 20 feet wide alley; thence along the northern side of said alley North 54 degrees 38 minutes West, a distance of 16.30 feet to a point; thence North 24 degrees 30 minutes East, a distance of 75.95 feet to the south side of State Road; thence along the south side of State Road South 65 degrees 30 minutes East, a distance of 16 feet to a point; the place of beginning. Having thereon erected a % of a 2 %i story double frame dwelling known and numbered as 444 State Road, West Fairview, Pennsylvania. Being the same as surveyed by Ernest J. Walker, P.E., on April 30, 1968. Under and subject to easements, restrictions, rights-of-way and other matters of prior record. BEING the same premises which Glenn P. Lantz, by Deed dated June 30, 2003, and recorded June 17, 2004, in Book 263, Page 2983, granted and conveyed unto Rose M. Williams, in fee. RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE BRADLEY D. SISLEY, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTowN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY NovaStar Mortgage, Inc. V. Rose Marie Williams Civil Action: 07-6073 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: NovaStar 8140 Ward Parkway Kansas City, MO 64114 (Plaintiff) Rose Marie Williams 300 N. 2nd Street Lemoyne, PA 17043 (Defendant(s)) STERN EISENBERG LLP B . J:\Supriya\Sales\Cumberland\NovaStar. Williams.Rose.Marie.01.08.doc STEVEN K. EISENBERG RICHARD F. STERN BRADLEY D. SISLEY Attorney for Plaintiff .-A c-- -n r'a ; ; . N 4J? J? _ cn RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE BRADLEY D. SISLEY, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY NovaStar Mortgage, Inc. V. Rose Marie Williams Civil Action: 07-6073 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 444 State Street, Enola, PA. 1. Name and address of Owner(s) or Reputed Owner(s): Rose Marie Williams 300 N. 2nd Street Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: Rose Marie Williams 300 N. 2nd Street Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: J:\Supriya\Sales\Cumberland\NovaStar. Williams.Rose.Marie.01.08. doc N/A 5. Name and address of every other person who has any record lien on the property: Occupant 444 State Street Enola, PA 17025 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: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: January 17, 2008 STERN AND ISENBERG LLP BY: STEVEN K. EI ?ENBERG RICHARD F. STERN BRADLEY D. SISLEY Attorney for Plaintiff Swomnd subsed before me this Day of r) , 2008. otary Publi ,WEALTH OF PENNSYLVANIA NOTARIAL SEAL ??blic DIANE J. TuRAN0, Notary P Jenkintown Boro., MontgonlerY t, 1ounty ^.,mmi5c10n EXpI(85 Q01.914_. J:\Supriya\Sales\Cumberland\NovaStar. Williams.Rose.Marie.01.08.doc N - in All that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point in the south side of State Road which point is 62.1 feet measured westwardly from a 20 feet wide alley; thence South 24 degrees 30 minutes West, through the center of a partition wall of the premises herein described and those adjoining to the east and continuing beyond the partition wall a total distance of 79.02 feet to the norther line of a 20 feet wide alley; thence along the northern side of said alley North 54 degrees 38 minutes West, a distance of 16.30 feet to a point; thence North 24 degrees 30 minutes East, a distance of 75.95 feet to the south side of State Road; thence along the south side of State Road South 65 degrees 30 minutes East, a distance of 16 feet to a point; the place of beginning. Having thereon erected a %2 of a 2 %2 story double frame dwelling known and numbered as 444 State Road, West Fairview, Pennsylvania. Being the same as surveyed by Ernest J. Walker, P.E., on April 30, 1968. Under and subject to easements, restrictions, rights-of-way and other matters of prior record. BEING the same premises which Glenn P. Lantz, by Deed dated June 30, 2003, and recorded June 17, 2004, in Book 263, Page 2983, granted and conveyed unto Rose M. Williams, in fee. j, , -. RICHARD F. STERN, ESQUIRE STEvEN K. EISENBERG, ESQUIRE BRADLEY D. SISLEY, ESQUIRE STERN AND EIsENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTowN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY NovaStar Mortgage, Inc. V. Rose Marie Williams Civil Action: 07-6073 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Rose Marie Williams 300 N. 2nd Street Lemoyne, PA 17043 Your real estate at 444 State Street, Enola, PA is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2008 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $64,279.68 obtained by NovaStar against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 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. J:\Supriya\Sales\Cumberland\NovaStar. Williams.Rose.Marie.01.08. doc You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg LLP, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 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 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\NovaStar. W illiams.Rose.Marie.01.08.doc % '; r 'r All that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point in the south side of State Road which point is 62.1 feet measured westwardly from a 20 feet wide alley; thence South 24 degrees 30 minutes West, through the center of a partition wall of the premises herein described and those adjoining to the east and continuing beyond the partition wall a total distance of 79.02 feet to the norther line of a 20 feet wide alley; thence along the northern side of said alley North 54 degrees 38 minutes West, a distance of 16.30 feet to a point; thence North 24 degrees 30 minutes East, a distance of 75.95 feet to the south side of State Road; thence along the south side of State Road South 65 degrees 30 minutes East, a distance of 16 feet to a point; the place of beginning. Having thereon erected a %z of a 2 %i story double frame dwelling known and numbered as 444 State Road, West Fairview, Pennsylvania. Being the same as surveyed by Ernest J. Walker, P.E., on April 30, 1968. Under and subject to easements, restrictions, rights-of-way and other matters of prior record BEING the same premises which Glenn P. Lantz, by Deed dated June 30, 2003, and recorded June 17, 2004, in Book 263, Page 2983, granted and conveyed unto Rose M. Williams, in fee. EXHIBIT a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6073 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NOVASTAR MORTGAGE INC., Plaintiff (s) From ROSE MARIE WILLIAMS, 300 North 2"d Street, Lemoyne, PA 17043 (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 $64,279.68 L.L.$ 0.50 Interest from 1/17/08 at the per diem rate of $11.56 until judgment is paid in full Atty's Comm % Atty Paid $176.76 Plaintiff Paid Date: 1/22/08 (Seal) Due Prothy $2.00 Other Costs 1?h rothonotary By: Deputy REQUESTING PARTY: Name STEVEN K. EISENBERG, ESQUIRE Address: 261 OLD YORK ROAD, SUTIE 410 JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 NOVASTAR MORTGAGE, INC. NO. 07-6073 Civil Term VS. Rose Marie Williams CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendant by certified mail, return receipt requested on April 4, 2008. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on April 4, 2008 as evidenced by copy of certificates of mailing and certified mail receipts attached. STERN AND EISENBERG LLP STEVEN K. EISENBERG Attorney for Plaintiff 4/7/08 w Wit c CS CD Yxp CD C O ° w CCn COD t?- N CD .i mTS 3 ?w o C) 3? OC ?? am g? r ?m m v y 3' C y Nfi m$ mm b m. $ n m ?d o N c m O a ? 3 7006 3450 0000 8856 9173 fn T 3 w 00 -4 O O V -o m Z w 0 0 0 0 0 0 CA a p o 0 ?b _a J ? r° Y y r ms? ? mH 3 °m ?3. S8 'A $m RR?111j o° z w _? y < Nmo m and z ?m w m_ r>A u ? C olz ?m ?v m t^ y Cm m 1^ n p?1 o c A m 0 -? 3 ? 9t,06 L 3000 dlZ ad O3TV" 9b06 t 3000 lIIZWONd 0311b'W 8002 40 21dH S8L8LOE000 800Z i0 adylo Z8L8L0E000 w 090' 100 $ ;IL d zc (190. 600 db ZO 33M09 53M09 A3Mlld C AB NJ.Id C A 5 ? 5 3 "180d SO'- o 1 S3ydy o , _ Tax Claim Bureau J D 9 Cumberland County Courthouse rIn'" 00 A C _ - One Courthouse Street m - Carlisle, PA 17013 A o f Ch co q gT A F/0 =o/? " o O? UNITED STATES POSTAL SERVICE ® ps or Certificate Of Mailing This Certficate of Mailing provides evidence that mail has been presented to uSPse for mailing. This forth may be used for domestic and international mail. From: AUCLM fit Law y O Iv UNI% M- & 261 Old York Road, Strife 410 T9 - _ m To' PS Form 3817, April 2007 PSN 7530-02-000-9065 R9 w m$ a m m o 011 m» m1 0 3? ro a ?9 m 00. a m am Dn 3 sp ?2 Bo o J 1? iv C cn RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE BRADLEY D. SISLEY, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR. PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY NovaStar Mortgage, Inc. V. Civil Action Number: 07-6073 CIVIL TERM Rose Marie Williams Defendant(s) MORTGAGE FORECLOSURE PRAECIPE TO MARK JUDGMENT TO THE USE Kindly mark the judgment entered in the above captioned matter in favor of Plaintiff and against defendant, in the amount of $64,279.68, to the use of The Bank of New York, as successor trustee under Nova Star Mortgage Funding Trust 2004-3, c/o 4708 Mercantile Drive North, Fort Worth, TX 76137, upon payment of your costs only. STERN ERG BYE /?- Steven K. Eisenberg, Attorney for Plaintiff DATE: 5/19/2008 J:\Supriya\Sales\Cumberland\NovaStar. Williams. Rose. Marie.01.08.doc p -6r os sty - 0 co ? CJ ? CD cr: -n - t 7i, t= OF -' r'' ?s COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which NOVA STAR MTG FUNDING TR 2004-3 is the grantee the same having been sold to said grantee on the I I day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 22 day of JANUARY, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 6073, at the suit of NOVASTAR MTG INC against ROSE MARIE WILLIAMS is duly recorded as Instrument Number 200820739. IN TESTIMONY WHEREOF, I have h eunto set my hand andtteal of said office this day of A.D. ???.. of Deeds W305, Gwnoenand County, CarWO, PA My Expires the Fket Monday of Jan. 2010 Novastar Mortgage Inc. Vs Rose Marie Williams In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-6073 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2008 at 1713 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: Rose Marie Williams by making known unto Brook Abou-Abdou, daughter of Rose Marie Williams, at 300 N. 2nd Street, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1255 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 Rose Marie Williams located at 444 State Road, West Fairview, PA n/k/a 444 State Street, West Fairview, 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: Rose Marie Williams by regular mail to her last known address of 300 N. 2"d Street, Lemoyne, PA 17043. This letter was mailed under the date of April 1, 2008 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 June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Steven K. Eisenberg, on behalf of The Bank of New York, as successor trustee under Nova Star Mortgage Funding Trust 2004-3. It being the highest bid and best price received for the same, The Bank of New York, as successor trustee under Nova Star Mortgage Funding Trust 2004-3 of 4708 Mercantile Drive North, Fort Worth, TX 76137, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $965.93. Sheriff's Costs: Docketing 30.00 Poundage 18.94 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 28.80 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 328.46 Share of bills 14.73 Distribution of proceeds 25.00 Sheriff's deed 39.50 (fD C $965.93 G`aYIDF ?): ? Cv 50 1- l- yg7C _, o2)d`)Jv So Answers: rThmas Kline Sheriff BYE o-C ?11-? Real Estate geant RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE BRADLEY D. SISLEY, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY NovaStar Mortgage, Inc. V. Rose Marie Williams Civil Action: 07-6073 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 444 State Street, Enola, PA. 1. Name and address of Owner(s) or Reputed Owner(s): Rose Marie Williams 300 N. 2nd Street Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: Rose Marie Williams 300 N. 2nd Street Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: J:\Supriya\Sales\Cumberland\NovaStar. Williams.Rose.Marie.01.08.doc ` .yr N/A 5. Name and address of every other person who has any record lien on the property: Occupant 444 State Street Enola, PA 17025 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: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 I verify that the statements made in this affidavit are hue and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: January 17, 2008 STERN AND ISENBERG LLP BY: STEVEN K. EISENBERG RICHARD F. STERN BRADLEY D. SISLEY Attorney for Plaintiff Swornn d subs ited before me this Day of w1r1 , 2008. otary Publi ALTH Or PENNSYLVANIA NOTARIAL SEAL DIANE J. TURANO, Nctarl P"blic Jenkintown Baro., Monlgoniery Xt..ounty .?919 Sinn ExpireS??? _ J:\Supriya\Sates\Cumberland\NovaStar. Williams.Rose.Marie.01.08Am All that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point in the south side of State Road which point is 62.1 feet measured westwardly from a 20 feet wide alley; thence South 24 degrees 30 minutes West, through the center of a partition wall of the premises herein described and those adjoining to the east and continuing beyond the partition wall a total distance of 79.02 feet to the norther line of a 20 feet wide alley; thence along the northern side of said alley North 54 degrees 38 minutes West, a distance of 16.30 feet to a point; thence North 24 degrees 30 minutes East, a distance of 75.95 feet to the south side of State Road; thence along the south side of State Road South 65 degrees 30 minutes East, a distance of 16 feet to a point; the place of beginning. Having thereon erected a '/? of a 2 '/2 story double frame dwelling known and numbered as 444 State Road, West Fairview, Pennsylvania. Being the same as surveyed by Emest J. Walker, P.E., on April 30, 1968. Under and subject to easements, restrictions, rights-of-way and other matters of prior record BEING the same premises which Glenn P. Lantz, by Deed dated June 30, 2003, and recorded June 17, 2004, in Book 263, Page 2983, granted and conveyed unto Rose M. Williams, in fee. RICHARD F. STERN, ESQuntE STEVEN K. EISENBERG, ESQUIRE BRADLEY D. SISLEY, ESQuiRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKiNTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FAcswi .E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY NovaStar Mortgage, Inc. V. Rose Marie Williams Civil Action: 07-6073 CIVIL TERM Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Rose Marie Williams 300 N. 2nd Street Lemoyne, PA 17043 Your real estate at 444 State Street, Enola, PA is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2008 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $64,279.68 obtained by NovaStar against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 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. J:\Supriya\.Sales\Cumberland\NovaStar. Williams.Rose.Marie.01.08. doc You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg LLP, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 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 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\NovaStar. W illiams.Rose.Marie.01.08.doc l ?t All that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point in the south side of State Road which point is 62.1 feet measured westwardly from a 20 feet wide alley; thence South 24 degrees 30 minutes West, through the center of a partition wall of the premises herein described and those adjoining to the east and continuing beyond the partition wall a total distance of 79.02 feet to the norther line of a 20 feet wide alley; thence along the northern side of said alley North 54 degrees 38 minutes West, a distance of 16.30 feet to a point; thence North 24 degrees 30 minutes East, a distance of 75.95 feet to the south side of State Road; thence along the south side of State Road South 65 degrees 30 minutes East, a distance of 16 feet to a point; the place of beginning. Having thereon erected a'/z of a 2 %z story double frame dwelling known and numbered as 444 State Road, West Fairview, Pennsylvania. Being the same as surveyed by Ernest J. Walker, P.E., on April 30, 1968. Under and subject to easements, restrictions, rights-of-way and other matters of prior record. BEING the same premises which Glenn P. Lantz, by Deed dated June 30, 2003, and recorded June 17, 2004, in Book 263, Page 2983, granted and conveyed unto Rose M. Williams, in fee. 4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6073 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NOVASTAR MORTGAGE INC., Plaintiff (s) From ROSE MARIE WILLIAMS, 300 North 2nd Street, Lemoyne, PA 17043 (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 $64,279.68 L.L.$ 0.50 Interest from 1/17/08 at the per diem rate of $11.56 until judgment is paid in full Atty's Comm % Atty Paid $176.76 Plaintiff Paid Date: 1/22/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs A. -- - Pr thonotary By: Deputy Name STEVEN K. EISENBERG, ESQUIRE Address: 261 OLD YORK ROAD, SUTIE 410 JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 Real Estate Sale # 46 On March 4, 2008 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township (West Fairview), Cumberland County, PA Known and numbered as 444 State Road, West Fairview, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 4, 2008 By:? Real Esta e Sergeant qS :b V SZ NVr 8401 vow E ?JAI83HS3H1 JO 333JO PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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: May 2, May 9, and May 16, 2008 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. L' a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 16 day, of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 20) 0 XN AL IWATS BALM NO. 46 Writ No. 2007-6073 Civil Novastar Mortgage Inc. vs. Rose Marie Williams Atty.: Steven Eisenberg EXHIBIT A All that certain piece or parcel of land situate in East Pennsboro Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows, to wit: Beginning at a point in the south side of State Road which point is 62.1 feet measured westwardly from a 20 feet wide alley; thence South 24 degrees 30 minutes West, through the center of a partition wall of the premises herein described and those adjoining to the east and continu- ing beyond the partition wall a total distance of 79.02 feet to the norther line of a 20 feet wide alley; thence along the northern side of said alley North 54 degrees 38 minutes West, a distance of 16.30 feet to a point; thence North 24 degrees 30 minutes East, a distance of 75.95 feet to the south side of State Road; thence along the south side of State Road South 65 degrees 30 minutes East, a distance of 16 feet to a point; the place of beginning. Having thereon erected a 1/2 of a 2 1/2 story double frame dwelling known and numbered as 444 State Road, West Fairview, Pennsylvania. Being the same as surveyed by Ernest J. Walker, P.E., on April 30, 1968. Under and subject to easements, restrictions, rights-of-way and other matters of prior record. BEING the same premises which Glenn P. Lantz, by Deed dated June 30, 2003, and recorded June 17, 2004, in Book 263, Page 2983, granted and conveyed unto Rose M. Williams, in fee. . The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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: 04/23/08 04/30108 05107108 Sworn to and s , 2008 A. D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrie L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commissi(" Expires May29,201( Member, Pennsylvania Association of Notaries Real Estate Sale #46 Writ No. 2007-6073 Novastar Mortgage Inc. VS Rose Marie Williams Attorney: Steven Eisenberg DESCRIPTION All that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point in the south side of State Road which point is 62.1 feet measured westwardly from a 20 feet wide alley; thence South 24 degrees 30 minutes West, through the center of a partition wall of the premises herein described and those adjoining to the east and continuing beyond the partition wall a total distance of 79.02 feet to the norther line of a 20 feet wide alley; thence along the northern side of said alley North 54 degrees 38 minutes West, a distance of 16.30 feet to a point; thence North 24 degrees 30 minutes East, a distance of 75.95 feet to the south side of State Road; thence along the south side of State Road South 65 degrees 30 minutes East, a distance of 16 feet to a point; the place of beginning. Having thereon erected a 1/2 of a 2 112 story double frame dwelling known and numbered as 444 State Road, West Fairview, Pennsylvania. Being the same as surveyed by Ernest J. Walker. P.E., on April 30, 1968. Under and subject to easements, restrictions, rights-of-way and other matters of prior record. BEING the same premises which Glenn P. Lantz, by Deed dated June 30,2003, and recorded June 17, 2004, in Book 263, Page 2983, granted and conveyed unto Rose M. Williams, in fee.