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Home My WebLink About10-4096 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 -ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 ATTORNEY FOR PLAINTIFF 856-669-5400 pleadings@udren.com Deutsche Bank National Trust (COURT OF COMMON PLEAS Company as Trustee for the :CIVIL DIVISION t? C=3 k_: -G Registered Holders of NovaStar € Mortgage Funding Trust, Series ;Cumberland County 2007-2 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-2 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff V. Debra A. Cummings Harry W. Cummings Jr. ::NO. gog(v Cw? tTerti 1422 Spring Road Carlisle, PA 17013 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or.objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and - a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief y or requested by the Plaintiff. You may lose money or propeps other rights important to you. Qc?. DO O A77`j Cit 153(087 e a X1343/ YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 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 al partir de la fecha de la demanda y la notificacion. Hace falta ascentar 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 demanders en contra de su persona. Sea avisado que si usted no se dafiende, 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 demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 I I 1. Plaintiff is the Corporation designated as such in the caption on a preceding page, who is the legal holder of the Mortgage and is in the process of formalizing the Assignment of Mortgage to be sent for recording. 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 1422 Spring Road MUNICIPALITY/TOWNSHIP/BOROUGH: Carlisle COUNTY: Cumberland DATE EXECUTED: 2/13/07 DATE RECORDED: 2/26/07 BOOK: 1983 PAGE: 1369 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 4/14/10: Principal of debt due $74,798.96 Unpaid Interest at 7.65W from 12/1/09 to 4/14/10 (the per diem interest accruing on this debt is $15.68 and that sum should be added each day after 4/14/10) 2,108.45 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $428.35 and that sum should be added on the first of each month after 4/14/10) 4,519.14 Late Charges (monthly late charge of $29.45 should be added in accordance with the terms of the note each month after 4/14/10) 58.90 Property Inspection 21.00 Suspense Credit (171.65) Attorneys Fees (anticipated and actual to 5% of principal) 3,739.95 TOTAL $85,679.75 7. The attorney's fee 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 sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $85,679.75 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW QFFICES, P.C. BY. Attorneys or laintiff MARK J. UDREN ESQUIRE STUART WINNE , ESQUIRE LORRAINE DO LE, ESQUIRE ALAN M. MINA 0, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE v?AM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE LEGAL DESCRIPTION for 07CIMI20; ALL THAT CPATA1N TRACT OF LAND WITH WROVEMOM 7IRWEM ERWW 31MATE IN THE I41rCf1 WARD OP IME BOROUGH OP CARLISLE, CUWWtLAND CDUKI`Y M "YLVANIA, SO1 D AND DESCIIIMED AS FOLLOWS, AC CORM40 TO A SURVEY DATED MARCK 1974, BY LARRY V. NBIt?LING6R, P.B. BROI 044 AT AN M(1677M IRON PIN ON TfM CURB 10M OF TfjE WEST SEE OF TJ CARLISLE SMOM KOAD,116.18 FEET TO THE CURB LM OF T- 8 REST, THENCE BY TfM CARLLSIZ SM MOS ROAD, SOUTH 02 D1;GIM 12 MINUM WEST 105.40 MST TO AN IRON PIN AT LlM OF LANDS NOW OR FORMERLY OF MRS. W.H. WAGGONER; nM1 NM BY LANDS OF SAID MRS. WJL WAGOW99,WORTH 87 I3 MM 53 MWUMS WEST 143.1$ FEET TO AN " PM ATCORNElt OF LANDS NOW OR FORMERLY OF PAUL W. 3NYDER. ItYC., OF WIGM Mg TRACT IS A PART; THENCE BY SAID LAN* NOW OIL FORMERLY OF PAUL W. WVDW, M. NORM 06I tB8$ 22 MINUTES EAST 108.39 FEET TO AN 5M&7"M IRON MW AT CORM OF LANDS NOW OR PORMNLY OF W1T.X.IS BERGER, TM 4M ALCfW LANDS OF THE SAID WIId.#I: MERGU, SOUTH 85 DEGR1'L:3 45 MNUM38 EAST 136 PUT TO A POINT, TM PLACE OF REGIMMG. 'J?9c el fret fify to be In Cumbai nd Gerwor&d t R& RecatdaofDeeds 'HKl 983KI 388 i « Ocwen Loan Servicing, LLC P.O. Box 24737 ' ? O C W E N West Palm Beach' Florida 33416-4737 (Do not send correspondence or payments to the above address) WWW,OCWEN COM January 31, 2010 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515131355905 Reference Code: 0912 Debra A. Cummings 1422 Spring Rd Carlisle, PA 17013-0000 Loan Number: 71432496 Property Address: 1422 Spring Rd, Carlisle, PA 17013-0000 PLEASE SEE THE ENCLOSED DOCUMENT ??- IT A DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt b Ocwen Loan Servicing, LLC P.O. Box 24737 ocweN West Palm Beach Florida 33416-4737 (Do not send correspondence or payments to the above address) WWW.OCWEN.COM January 31, 2010 APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an offi cial notice that the mortgage on your h ome is in defaul t and the l ender intend to foreclose Specific infor mati on a bout the n ature of the default is provided in the attached pages , The H OM EO WN ER'S MORTGA GE ASSISTANCE P ROGRAM MAP) may be able to hel p to save yo ur home. This Noti ce ex plai ns how the progr am works. . To se e if HE AP can help, you m ust MEET WITH A CONSUMER CREDIT C OUNSELING AGENCY WITHIN THIR TY (30) DA Y O F THE D ATE OF THIS NO TICE T k th N i ti i h Coun The n selin ame g A ad genc dres y. s and phone num ber of Consumer Cr a e , edit Counseling s o ce Agencies s w t you when erving your Co you meet unty are list with the- ed at the end o f thi s No tice If you have any q uestions. you may c all the Pennsylv ania Housin g Finance Age ncy toll free at (800) 342- 239 7 (Pe rsons with impai red hearing can call (717) 780-1869) This Noti ce co ntai ns im portant leg al information If yo u have any que stions. repr esentatives at the Consum er Credit Coun selin g A genc y may be able to help explain it You may also want to contact an attorney in your area The local bar as soci atio n ma y be a ble to help you find a I&Mer.. 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 INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Debra A. Cummings PROPERTY ADDRESS: 1422 Spring Rd Carlisle, PA 17013-0000 LOAN ACCT. NO.: 71432496 ORIGINAL LENDER: CURRENT LENDER/SERVICER: OCWEN DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Ocwen Loan Servicing, LLC P.O. Box 24737 o c w E N West Palm Beach, Florida 33416-4 73 7 (Do not send correspondence or payments to the above address) WWW.OCWEN.CnM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH N A YOUR HOME FROM FORECLOSURE A HELP YOU MA 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. TEMPO RARY STAY OF FORECL OSURE -Under the Act. yQu are entitled to a tPM norary s O foreclosure on your mo rtgage for thirty (30) days fr om the date of this Notice During that time you mu . st arrange and attend a "face- to-face" meeting with one of the cons umer credit counseling agencies listed at the end o f this Notice THIS iv E "TIN" MUST O CCUR WITHIN THE. NE XT (30) DAYS IF YOU DO NOT APPLY FOR T E EMERGENCY MO ASSISTA NCE YOU MUST BRIN . G YOUR MORTGAGE UP TO DATE, T R GAG PART OF THIS NOTICE " CALLED HOW TO CURE, YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO D ATE. CONSUMER EDIT COUNSELING AN IFS - If you meet with one of the consumer credit counseling agency 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 enumeelina aaeneiea fnr tha county m wmen ine propene is locatea 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 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 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. 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 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). DAC"1.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt E« Ocwen Loan Servicing, LLC P.O. Box 24737 '?' West Palm Beach Florida 33416-4 OCWEN . 737 (Do not send correspondence or payments to the above address) WWW.OCWEN.COM NATURE OF THE D .FA T -The MORTGAGE debt heldby the above lender on your property located at: 1422 Spring Rd, Carlisle, PA 17013-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 payments in the amount of $ 1,017.25 from December 01. 2009 through January 31, 2010 DETAIL SUMMARY, Principal and Interest ................................. $ 1,766.70 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 1,285.05 Late Charges ........................................... $ 0.00 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 0.00 Suspense Balance (CREDIT) ........................ $ 588.90 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 2,462.85 HOW TO THE 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 $2,462.85, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money ram, Cashier's Check. Certified Check or Money Order made payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT THE DFFAUI T - 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 mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the 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 upon your mortgaged prgllein. 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 RF.MFDIF - 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 un to one hour before the Sheriffs ale You may do so by_Vkdnj the total amount then. east due. nlus anv late nr nther rharooe then d,.o --- - ____ _ .. - olner 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. DACT91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt i" Ocwen Loan Servicing, LLC ' P.O. Box 24737 O C W E N West Palm Beach, Florida 3341 6-4 73 7 (Do not send correspondence or payments to the above address) WWW.O W .N. OM EARLIEST POSSIBLE SHERIFFS SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) 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 servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 334164737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Early Intervention Dept 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 or X may not (CHECK ONE) 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. 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. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT O NSE IN(' AGENCIES SERVING YOUR COUNTY DACf91.16 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Foreclosure Letter Order Page 1 of 4 Attisource Portfolio solutions,. Re: PRIOR TO INITIATION OF FORECLOSURE ON EACH REFERRAL: Contact your timeline coordinator to confirm the name in which to foreclose. Request the coordinator to review the loan to determine If any payments have been applied to the loan during the shipment of the foreclosure package to your office. Review the demand/breach letter on the website before starting the foreclosure 04/14/2010 Urden Law Offices PC - Udren Law Offices PC Attn: Urden Law Offices PC 111 Woodcrest Road Cherry Hill, NJ 08003 Re: Foreclosure Referral Loan Number : 71432496 Foreclose in the Name of : DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE REGISTERED HOLDERS OF NovaStar Mortgage Funding Trust, Series 2007-2 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-2 Dear Urden Law Offices PC, Thank you for agreeing to undertake the representation of Ocwen Loan Servicing,LLC in the matter referenced above. Prior to the Initiation of Foreclosure on each referral you must REVIEW THE DEMAND LETTER FOR ACCURACY. FORECLOSURE BILLING: It is our understanding that you will bill us according to the Ocwen Loan Servicing,LLC Local Counsel Agreement for each matter. Any hourly billing must be pre-approved. All billing must be submitted timely as late submissions may result in non-payment. All requests from Ocwen for outstanding fees/costs must be responded to within 48 hours as we must respond to our customer's request for payoff and/or reinstatements as a priority. By accepting this referral, Local Counsel must submit all invoices electronically via REALRemitTM processing system or such other system as Client may designate from time to time. Local Counsel shall direct all other inquiries to the appropriate Coordinator. All invoices must be submitted within fifteen (15) days of the date upon which the service is provided. Please have all invoices reconciled within (30) days from date the invoice was submitted. Local Counsel expressly agrees that if it fails to submit invoices as required and within the time required, any such non-conforming invoices will not be paid, and Local Counsel shall waive any claim thereto. Local Counsel's failure to comply shall be construed as a waiver of the non-conforming legal fees and/or costs of Local Counsel, and in such instance, Local Counsel specifically renounces any claim thereto. CONTESTED FORECLOSURES: In the event the foreclosure is contested, please refer to the Local Counsel Agreement for instructions on hourly billing approvals. Your firm MUST send the contested asset form to Resolvecases.@Qcwen.com immediately. RESOLVING LOANS: https://ava.altisource.comlwebtoplscripts/corn/RTWebExtension.dll?load companies= l &d... 4/15/2010 Foreclosure Letter Order Ocwen's #1 priority is to keep customers in their home. Ocwen initiates foreclosure when warranted and necessary. When the foreclosure is initiated, a specialized foreclosure coordinator is assigned to monitor the foreclosure action that you have been engaged to perform. The objective of the foreclosure coordinator is to ensure that Ocwen's defined timelines are achieved. At the same time the foreclosure coordinator is assigned, Ocwen also assigns an experienced Loan Resolution Consultant who works with the customer to find a resolution other than foreclosure based on the customer's ability to pay. Although Ocwen utilizes the dual path, our number one priority is to find a resolution that keeps the customer in their home. Ocwen expects our preferred attorney network to understand our goal and to assist us with achieving this goal. In the event that you are contacted by our customers and/or their agents, we ask that you relay the desire to resolve and we ask that you refer any resolution opportunities to our experienced Loan Resolution staff at 1-877-596-8580. Please ensure that all staff members of your office are educated on our desire to achieve customer resolutionl When requesting payoff and/or reinstatement figures please be prepared to provide all outstanding legal fees and costs good through the resolution date. The foreclosure action should never be stopped until funds are received. If a payoff or reinstatement is received by your office, please send all of the funds by overnight mail to Ocwen Loan Servicing,LLC 12650 Ingenuity Drive Attention: Cashiering Department Orlando, FL 32826 Please do not extract your fees and costs from the funds. A final bill will need to be sent from your office to be processed. FORECLOSURE SALES: Your firm must check for a bankruptcy filing the last business day before any scheduled foreclosure sale. Your firm is responsible for notifying the Ocwen foreclosure coordinator of any scheduled foreclosure sale as soon as the sale is scheduled. No foreclosure sale is to be postponed or stopped without pre-approval from Ocwen. Please add this file to your monthly status report and advise as to whether you require any additional information or material to conclude the execution against the property. If the foreclosure package attached does not contain preliminary title work, please contact your timeline coordinator. Please ensure that a copy of the TSG is sent to us upon your receipt of same in connection with each new matter you are handling for us. The foreclosure contact for this matter will be : at Email: Peter.Asosii@ocwen.com. Very truly yours, Ocwen Loan Servicing,LLC Page 2 of 4 REQUESTOR INFORMATION File Number 71432496 Order Contact: Name Work Number Fax Number Email Address Peter.Asosii@ocwen.com Company OCWEN Order Placed By: https://ava.altisource.comlwebtoplscripts/con/RTWebExtension.dll?load companies=l &d... 4/15/2010 Foreclosure Letter Order Branch Timeline Management Address Line 1 1661 Worthington Road Address Line 2 City, State Zip West Palm Beach, FL 33416 Page 3 of 4 Name Peter Asosii Work Number Fax Number Email Address Peter.Asosii@ocwen.com VENDOR AND ORDER INFORMATION Company Urden Law Offices PC - Udren Proposed Order Price Law Offices PC BORROWER INFORMATION 3orrower Co-Borrower Name Debra Cummings Name Social Security Number 161-40-2165 Social Security Number PROPERTY INFORMATION Street Address 1422 Spring Road City, State Zip Carlisle, PA 17013 SERVICE TRANSFERRED LOAN INFORMATION Service transferred loan Yes r- No F LOAN INFORMATION PITT Late Charge Loan Type FORECLOSURE CASE STATUS ForeClosure Case Status Active ForeClosure Event Status ForeClosure Event Name Judicial State Status Yes rv No I- PAYOFF INFORMATION This is not a final payoff figure. Contact your Coordinator for final payoff figures. Debra A Cummings Debra A Cummings 1422 Spring Road Carlisle, PA 17013 Loan Number: 71432496 April 14, 2010 Dear Borrower(s): As you requested, the following is a breakdown of the payoff funds due on or before 04/14/2010 Description Amount Due Property Inspection Fee 21.00 Projected Certified Mail Expenses 12.96 Principal 74,798.96 Suspense Credit -171.65 Late Charges 58.90 Interest 2,108.45 Escrow Advance 4,519.14 ---------------------------------------------------------------- https:Hava.altisource.comlwebtoplscripts/con/RTWebExtension.dU?Ioad_companies=l &d... 4/15/2010 Foreclosure Letter Order Total Amount Due ---------------------------------------------- Next Due Date Quoted Date Payoff Quote Expiration Date Grace Period End Date Original Principal Balance Interest Per Diem 81,347.76 ------------ 01/01/2010 04/14/2010 04/14/2010 04/17/2010 83,000.00 .00 Interest Interest Daily From ---------- To --------- Amount Rate Ba lance Per Diem #Days 12/01/2009 - --- 12/31/2009 ------------ 476.84 --- 7.65 ----- --------- 74,798.96 ----- -- 15.89 ---------- ----- 30.00 01/01/2010 01/31/2010 476.13 7.65 74,686.90 15.87 30.00 02/01/2010 02/28/2010 475.41 7.65 74,574.13 15.85 30.00 03/01/2010 03/31/2010 474.69 7.65 74,460.64 15.82 30.00 04/01/2010 04/13/2010 205.38 7.65 74,346.43 15.80 13.00 Page 4 of 4 SPECIAL INSTRUCTIONS Please run a Search on Water, Sewer, Gas and Other High Utility Liens before scheduling a sale date on the property. If any such lien exists then inform the assigned foreclosure coordinator immediately Late Charge: 29.45 PITI: 1017.25 Loan Type: Fixed Rate PAYMENT INFORMATION PAYMENT HISTORY https://ava.altisource.comlwebtoplscripts/corn/RTWebExtension.dll?load_Companies=l &d... 4/15/2010 May 11, 2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO GHOMEOWNERDS EMERGENCY MORTGAGE ASSISTANCE PROGRAMD EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDRYUR SU HIPOTECA. Page 1 of 1 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Debra A. Cummings Harry W. Cummings, 3r 1422 Spring Road Carlisle. PA 17013 71432496_ NQvastar Mortgage Inc _Deutsche Bank Natanal Trust COmpan?.-_____?_ _ HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RR ELIGTRI.F. FOR FINANCTAi ASSISTANCE WHICH CAN SAVE. YOUR HOME FROM FORECLOSURE AND HRT,P VOLT MAKE. FTTTITRF. MORTl='ACM PAYMRNTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACTO), 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 STAV OF FORRCLOSITRF _ 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 Oface-to-faced meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCTTR WITHIN NOTICE CAT i FTC OHnW TO CiTRF YOUR MORTGAGF t7FFAjjLT0, FXPLATNfi T4 ;W To BRING YOUR MORTGAGE ITP TO DATE CONSUME 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 tei hnne nnmham are get tnrth at the end of thic NnticP. It is only necessary to schedule one face-to-face meeting. Advise your lender irnmedi_ aWv 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 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 Page 2 of 2 face- to-face meeting. YOU M,LLS,T 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 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.) NATURE, OF TIFF. DEFAULT _ The MORTGAGE debt held by the above lender on your property located at: 1422 Spring Road Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly_Paxmeq#s of $?Ol x.25 fQr Ja?use?l,_ 010 t?roug? 1VIax_1z2010 =$5086.25 Mont Late Charges of $29 45 far January 1,2 010 throu>rh Apd 1.2010 = $58.90 Other charges (explain/itemize): Escrow Advance=$4519.14 Suspense=($171.65) Pro grub-I ction L1.58____ TOTAL AMOUNT PAST DUE; __ _? __ ?- W ____ S9514.14_ B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (I?n not n. if not azZ iicahle}: IyLA E LOW TO CIJRF. TNT' DE- s Ur '*' - 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 59,514-14 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa=entc must he made Dither h- ca¢h cashier's rheck, certified heck or mnney order made p3 le and cent tn• You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (inn not „c . if not applic?ahie ): DUA Page 3 of 3 IF YOU DO NOT CURE THE DREAM, - 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 mortgage debt- This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to fnr lns nnnn your martgagg--d 11rop eLrtvy_ 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,ynn cure the default within he THIRTY OQ DAY period, you will not he regiji .red tnto pgy?rney's feet. OTHER LENDER RF.MEDiF.S - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ymictill have the right to cure the default and pm. en the gale at any time up to one hour he fnr . he .Sheriff's Sale. Yon ma?? do cn hT paying th total amount then gpA, t dne., plus any late or other charges then due, r man hle a_ttomM",; feet and ??yts connected with the, foreclosure sale and any other co gm connected with the Sheriff's 4ale ag =nifi_ed in writing her the lender and by pPrfnrming an3i other rn =viremen s 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. RARI TEST POSSiRIX, SHF.RiFFS SAi.E DATF - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: Oewen Federal Bank Address: 12650 Integrity Drive Orlando. FL 32826 Phone Number: 1-877-596-8580 Fax Number: _1-4407737-5693 Contact Person: Customer Service-"` EFFECT OF SNF,RIFF'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. ASSITMPTION OF MORTGAGE, - You may not 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. Page 4 of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 • 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. TO HAVE THIS DEFAULT CURED BY ANY TURD PARTY ACTING ON YOUR BEHALF. • 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) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Page 6 of 6 HEMAP Consumer Credit Counseling Aaencies CUMBERLAND County Report last updated: 10/15/2007 10:03:08 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Unglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captiai Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, inc. 2320 North 5th Street Harrisburg, PA 17110 717.2322207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 B ® Of Priority Mal nail. )rw ed Mail- ide 1 Ret arul a vttaCh Proof oyyage to cover >ive a fee waiver tilled Mail receq the addresse ie mailplece Wit' ,ase RfesG fie m f the? je and mad. naking an IMP, co m J7 Ir Ln Ir O m 0 Q C3 0 r v M rx E 1 N LL co a ([7 f y lalstph V O k? a a nj a a . C) C7 c to q ? All U7 • i I1J .j: C Li. I Lul . 1? LC ?S Q Q zt v u, cu J: cc 0= ac ui cm C3 s c S May 11, 2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMD EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 1 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Debra A. Cummings -HarrY.-W._Cumming_s, Jr...._.-----._......_ -- 1422 Spring Road _Carlisle, PA 17013 .--- -- ---.---_._.- -- ......... _.-- _ 71432496 Novastar Mortgage Inc -.____----- __--.---- - - _Deutsche.Bank National Try. st_Com?any_____.-.......... __ _ HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE. ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE. YOUR HOME FROM FORFCi OSURF AND HELP YOU MAKE. FUTURE. MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE OACTO), 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. TF,MPORARV 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 Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WiTUM 0I4OW TO CURE YOUR MORTGAGE nFF A T TT 10 RTGAGF. ITP TO DATE CONSUMER 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 t lenbone numbers of designated consumer credit counseling agencies for the, cnunt3 in which the rw=erit• 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 imm_ ed;.atel 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 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 Page 2 of 2 face- to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives 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 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.) NATURE, OF THE, DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1422 Spring Road Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: -MonthlyPaxM_.mU of_51017.25 for Januarr_l, 2010 through 2010 _=_55086.25 _, Monthly Late_Charges of $29.45__for January 1.,2-_ 010 through A-Pril _!,. 2010 -=$58.90 Other charges (explain/itemize): Escrow Advance=$4519.14 Suspense=($171.65) ------- --..... ........ - _TOTAL AMOUNT PAST DUE: ....-.----......-----._. - ._......._........... ---...........--............. ---...... _---- B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (loo not use if not a*n=1ic_ able): WA HOW TO CUTRE, THE, DF.EAU T - 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 $9514.14, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mutt he made ither h ash, ashi is he k, certified check nr money order made pam hl and sent in- You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not aMlic-able): NA Page 3 of 3 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 martgagee deht 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 upon your mallgage,11ronertvy IF THE, MORTGAr_F. IS FORECLOSED iruOiv _ 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 vnu ire the default within the THIRTY (30) DAY rind. von will not hp req aired to pa a nrn y's fees. OTHER LENDER RE .DIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE, THE DEFAULT PRIOR TO cuFvIFFFIc SA F __ 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 un to one hour before the Sheriff's Sal You may co h? nerving the total amount then nact rlnr+ nlnc anv later +L.e.. A 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. F.ARL.LF.ST PCISSiRiE SHFRiFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately 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. Name of Lender/Servicer: Ocwen Federal Bank Address: 12650 Integrity Drive Orlando, FL 32826 Phone Number: 1-877-5-96:M..._ .__._ Fax Number: 1407-737-5693 Contact Person: Customer Seryice----- ......... 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 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. Page 4 of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 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. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, 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 PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Page 6 of 6 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 10/15/2007 10:03:08 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial 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 Street Harrisburg, PA 17110 717.780.3940 800.342.2397 a ? S 0 C) a d x ad N ? ? m a? d m } 13 O do ? m a o _ E- A tr 0 Q- m ?? x o 0 ch v o 0 o- IL a , 9 E o "a 0 `8r:g r- Cd € 00 FWL N cc Q c 0 2 8 J a?iQO E 9 N ooo M O a r i r CD clq 0, I L11 C> 4 `? ni Z E 0 to r• C) to CL 'w vn v v v rij v W l,u Oa cx: - F..; C'n d 0 ?Cl)0? W =p =U O F• lz?? 1 ,O D ai- 4-v « cnmbined Letter Figure Form County: Borrower: IT Property Address: Account Number: Original Lender: Current Lender: Monthly Payment: $, Monthly Late Charge: $ Other Fees: ,x (//, from T ., )/?) e-V U Total Other Fees j? Assumption: Mailing Address: May____,_, May Not through ?// ,? Total Due=$ .( MJB# t 1 a V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW O IC S, BY: Attor a or Plaintiff MARK UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES P C ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE.- ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ~i M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 vleadings@udren.com Deutsche Bank National Trust € COURT OF COMMON PLEAS Company, as Trustee for the ECIVIL DIVISION Registered Holders of NovaStar :Cumberland County Mortgage Funding Trust, Series 2007-2 NovaStar Home Equity Loan ;MORTGAGE FORECLOSURE Asset-Backed Certificates, Series 2007-2 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff v. Debra A. Cummings €NO. 10-4096 Harry W. Cummings Jr. 1422 Spring Road Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: ^~ v r C-.. ~ ~.~ <T c -r i f4? - ~ c~ _, _~ - : ; r~ . . .:~ crt Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Debra A. Cummings and Harry W. Cummings Jr. for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As yet forth in Complaint $85,679.75 Interest Per Complaint 1,520.96 From 04/15/2010 to 07/20/2010 Late charges per Complaint 117.80 From 04/15/2010 to 07/20/2010 Escrow payment per Complaint 1,285.05 From 04/15/2010 to 07/20/2010 TOTAL $88,603.56 ~ I+~.OO PA ATt~/ C# f 55(oQ5 ~~ awss~o Nofiee iUa~~( I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN BY : .~ Attorneys for 'Plaintiff N, ESQUIRE STUART WINNEG,'~&E LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS I DATE : 7~a0/l~ UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE'"DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Deutsche Bank National Trust Company, as Trustee for the Registered Holders of NovaStar Mortgage Funding Trust, Series 2007-2 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-2 Plaintiff v. Debra A. Cummings Harry W. Cummings Jr. Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-4096 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers~ Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. loo), and that the age and last known residence and employment of each Defendant are as follows: Defendant,: Debra A. Cummings Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Harry W. Cummings Jr. Age: Over 18 Residence: As captioned ve Employment: Unknown _ Title: ATTORNEY FOR PLAINTIFF Sword ~to ~anr1. subscribed Company : UDREN LAW OFFICES , P . C . be,fo~e me this, 20TH day o,~ auly, 2010. cam~~+ UDREN LAw oFFIC$s, P.c. NARK J. UDREN, ESQUIRE - ID #04302 STUART wINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN N. N.INATO, ESQUIRE - ID #75860 CHANDRA M. ARKENA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86406 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 wOODCRSST CORPORATE CENTER 111 wOODCREST RQAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pl.eadings8rta.dreri. com Deutsche Bank National Trust Company, as Trustee for the Registered Holders of NovaStar Mortgage Funding. Trust, Series 2007-2 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-2 12650 Ingenuity Drive Orlando, FL 32825 Plaintiff v. Debra A. Cummings Harry W. Cummings Jr. 1422 Spring Road Carlisle, PA 1'7013 Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County _J K~ _ _ r _ . ..~ i . -~- ~--~ ~ _ ` _ : , , 1 ..y ~ ~ '~ ~a~ R o• ~ No. [b - 40q(o ~ivil COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or.objections to the claims .set forth against you. You are warned that if you fail to do so the case may proceed without you and~a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. f--.-~, ~ ,-.. ;~ .r:f~: ~E ! I ATTORNEY FOR PLAINTIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~,~, of ~unrbrr~, Jody S Smfth ~ ~,~ Chief Deputy ~; Richard W Stewart ~«.~.. '~~ ~'~°~ Solicitor ar~~c~ or ~~ srrs~s~F~ Deutsche Bank National Trust Company Case Number vs. Harry W. Cummings {et al.) 2010-4096 SHERIFF'S RETURN OF SERVICE 06/18/2010 04:46 PM -Timothy Black, Deputy Sheriff, who being duly swom according to law, states that on June 18, 2010 at 1645 hours, he served a true copy of the within Complaint.in Mortgage Forecosure, upon the within named defendant, to wit: Harry W. Cummings, by making known unto Gerald Cummings, Brother of defendant at 1422 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM B CI , D PUTY 06/18/2010 Timothy Black, Deputy Sheriff, who being duly swom according to law, states that on June 18, 2010 at 9645 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upan the within named defendant, to wit: Debra A. Cummings, by making known unto Gerald Cummings, Brother in law of defendant at 1422 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at~he same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $49.40 June 21, 2010 50 ANSWERS, RON R ANDERSON, SHERIFF te) Cami fS~ece Sheri?f, Telewsoli: Inc. UDREN LA1P OFFICES, P.C. MARK J. UDREN, ESQIIIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUBRITS L. THOMAS, ESQUIRE - ID #204460 TROODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 #iao,~o~~'~-1 Deutsche Bank National Trust Company as Trustee for the Re istered Holders o~ Nova3tar Mortgage ~unding Trust, Series 2007-2 NovaStar Home Equity Loan Asset- Backed Certificates, Series 2007-2 Plaintiff v. Debra A. Cummings Harry W. Cummings Jr. Defendant(s) TO: Harry W.,Cummingdds Jr 1422 SprzngAR17013 Carlislle, PP Date of Notice: July 9, 2010 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-4096 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOfJR PROPERTY OR OTHER IMPORTANT RIGHTS.YOII SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCfES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 7I7-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA DfCTAR SENTENCIR EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHO~, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABQGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAMA POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICTO DE REFERE3JCIA LEGAL LAWYER REFERRAL SERVICE Cumberland Count Bar Association 2 Liber~y Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIGE: PURSUANT TO TH8 FAIR DEBT COLLECTION PRACTICES ACT, TFFIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BS Uf~E~jFT,~AT PURPOSE. }1 w i •~aa C RA M. ARKENfA ES UIRE AM L. KAYES, ~SQU~RE ERITE L. THOMAS, ESQUIRE Woodcrest Co orate Center 111 Woodcrest Load, Suite 200 Cherry Hill, ATew Jersey 08003-3620 UDRSN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART ~PINNSG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKSMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 ~'1OOd037~-1 Deutsche Bank National Trust Company as Trustee for the Registered Holders o~ NovaStar Mortgage Funding Trust, Series 2007-2 NovaStar Home Equity Loan Asset- Backed Certificates, Series 2007-2 Plaintiff v. Debra A. Cummings Harry W. Cummings Jr. Defendant(s) TO: Da21as1elnPAR17013 ATTORNEY FOR PLAINTIFF CDURT OF COMMON PLEAS CIVIL DIVISION Cumberland County N0. 10-4096 Date of Notice: July 9, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A PERSONALLX OR BY ATTORNEY AND FILE IN WRITING WITH TH OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLE FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTER HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER TMPOR TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CA INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFF OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION AB OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED WRITTEN APPEARANCE COURT YOUR DEFENSES OR S YOU ACT WITHIN TEN DAYS D AGAINST YOU WITHOUT A ANT RIGHTS.YOU SHOULD HAVE A LAWYER GO TO OR PROVIDE YOU WITH RD TO HIRE A LAWYER, THIS UT AGENCIES THAT MAY FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE TERMING DE DIEZ (ZO) DIAS DE ESTA NOTIFICACION EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER LISTED EN CORTE O ESCfJCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, LISTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFTCACION A UN ABOGADO IMMEDIATAMENTE ST LISTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE ~ONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UN VAYA NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT LOLLS IS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION 08TAINED WILL B ~t"~AT PIIRPOSE. ., u~Y~~~ HANDRA M. ARKEA'~A, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest koad, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MPaRR J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQIIIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQIIIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for the :CIVIL DIVISION Registered Holders of NovaStar :Cumberland County Mortgage Funding Trust, Series 2007-2 NovaStar Home Equity :MORTGAGE FORECLOSURE Loan Asset-Backed Certificates, Series 2007-2 Plaintiff v. Debra A. Cummings €NO. 10-4096 Harry W. Cummings Jr. Defendant (s ) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due O $88,603.56 Interest From 07/21/2010 2.210.88 to Date of Sale December 8. 2010 Ongoing Per Diem of 15.68 to actual date of sale including if sale is held at a later date (Costs to be added) ~' a4.Op P 1~ qTN 4A.4o C~= 9a.oo ~~ I~. oo ~~ a.50 M ~ 181.40 - P~ A-rt~y ~a. ao Oc~e (b ~~ ~ ~# 15SL91o ~~ ayS~sCo 0 c~ C ~3, { r- t-.-,. ca -e 3 .-~ cn UDR P.C. BY: ttorneys r Plaintiff MAR ESQUIRE STUART WINNEG, IRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE .~ T. _{? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 Fi~.~C ,; ALAN M. MINATO, ESQUIRE - ID #75860 \~ T' ~ + ~ ` ~ r';~?`f CHANDRA M. ARKEMA, ESQUIRE - ID #203437 2~~fQ 6tit ~0 aF~; ~ ~ ~ 9 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 ~~~~ CHERRY HILL, NJ 08003-3620 '~~~~~ 856-669-5400 pleadings@udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for the :CIVIL DIVISION Registered Holders of NovaStar :Cumberland County Mortgage Funding Trust, Series € 2007-2 NovaStar Home Equity :MORTGAGE FORECLOSURE Loan Asset-Backed Certificates, Series 2007-2 _ Plaintiff v. Debra A. Cummings €NO. 10-4096 Harry W. Cummings Jr. Defendant (s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. 'The Defendant(s) own the property being exposed to sale as: A. An individual X B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN C. BY: s for~laintiff M~.xK--r. , STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ~-~ = '- !.- ALAN M. MINATO, ESQUIRE - ID #75860 _ `' TF~i~ ` ~ '' ''w„{'t CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER ~~~Q ~~~~ ~~ ~~'~`3 ~ ~ ~ i 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 GJ~y - -- u'~TY 856-669-5400 ~~-;.~'a>i~ v'`•''~ra, pleadings@udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for the €CIVIL DIVISION Registered Holders of NovaStar :Cumberland County Mortgage Funding Trust, Series 2007-2 NovaStar Home Equity :MORTGAGE FORECLOSURE Loan Asset-Backed Certificates, Series 2007-2 Plaintiff v. Debra A. Cummings €NO. 10-4096 Harry W. Cummings Jr. Defendant (s ) C E R T I F I C A T E I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 .procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. W OFFICES, .C. BY: .attorneys or Plaintiff ~ ESQUIRE STUART WINNEG, ESQII=~-~ LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ~. ~; UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE ID #34576 - ~,E L ALAN M. MINATO, ESQUIRE - ID #75860 'u~ Tf'r ~' ._ , -~'"~Y CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER r. '010 J'~ ~D ~'~"i i ~ ;~ 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 CU"v ... ; ; ~ F'~t~" 856-669-5400 r''"4'~." ,~t '`'''`~'''. pleadings@udrea.com Deutsche Bank National Trust =COURT OF COMMON PLEAS Company, as Trustee for the :CIVIL DIVISION Registered Holders of NovaStar :Cumberland County Mortgage Funding Trust, Series 2007-2 NovaStar Home Equity :MORTGAGE FORECLOSURE Loan Asset-Backed Certificates, Series 2007-2 Plaintiff v. Debra A. Cummings €NO. 10-4096 Harry W. Cummings Jr. Defendant (s ) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for the Registered Holders of NovaStar Mortgage Funding Trust, Series 2007-2 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-2, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1422 Spring Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Debra A. Cummings 1422 Spring Road Carlisle, PA 17013 Harry W. Cummings Jr. 1422 Spring Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address FIA Card Services NA Address to follow ., .r 4. Name and address of the of record: Name last recorded holder of every mortgage Deutsche Bank National Trust Company, as Trustee for the Registered Holders of NovaStar Mortgage Funding Trust, Series 2007-2 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-2 Address 12650 Ingenuity Drive Orlando, FL 32826 5. Name and address of every other person who has any record lien on the property: Name Address None 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: Name Address Real Estate Tax Dept Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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: Name Address Tenants/Occupants 1422 Spring Road 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. sec. 4904 relating to unsworn falsification to authorities. DATED: July 20, 2010 UDREN C. BY: Plaintiff MARK J. UDRE , STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE FOR PLAINTIFF Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for the :CIVIL DIVISION r,,, Registered Holders of NovaStar :Cumberland County c~'-- ~~~; Mort a e Fundin Trust, Series g g g `~=~ ~-~ ;-, ~: ~.~. =-' ~ 2007-2 NovaStar Home Equity :MORTGAGE FORECLOSURE r0. ;;=' ' Loan Asset-Backed ~ = °" ~" .- -- ~~ Certificates, Series 2007-2 -- ~ Plaintif f - "' ~ ~~-~ V • -.5 .. r' {:: - Debra A. Cummings NO. 10-4096 L~ --.-- .~~ Harry W. Cummings Jr. Defendant (s ) ~UDREN LAW OFFICES, P.C. ATTORNEY MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Debra A. Cummings 1422 Spring Road Carlisle, PA 17013 Your house (real estate) at 1422 Spring Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on December 8, 2010, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $88,603.56, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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 cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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. (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 TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 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 the 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 within 30 days after the sale. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARS TSIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT SAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TSS OFFICE LISTED SSLOW TO FIND OUT WSERE YOU CAN GST LEGAL SELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ,JDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARREMA, ESQU' - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as Trustee for the Registered Holders of NovaStar Mortgage Funding Trust, Series € 2007-2 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-2 Plaintiff V. Debra A. Cummings Harry W. Cummings Jr. Defendant (s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-4096 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Harry W. Cummings Jr. 1422 Spring Road Carlisle, PA 17013 C.? ~ _- C a r1 ~?: -r; t-~ : c-. -T-- n;~; ~:_ .~.3 ~i -T ~. F -~, ~ r, G -.~~~ _r. -- ~. : .~ .. - ~ ~~ _ Your house (real estate) at 1422 Spring Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on December 8, 2010, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $88,603.56, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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 cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: _(856)-669-5400. 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. (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 TARE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 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 the 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 within 30 days after the sale. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOII SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOII DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TH8 OFFICB LISTED BELOW TO FIND OUT WHRRE YOII CAN GST LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4096 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for the REGISTERED HOLDERS OF NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-2 NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-2 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-2, Plaintiff (s) From DEBRA A. CUMMINGS and HARRY W. CUMMINGS, JR. (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 $88,603.56 L.L.$.50 Interest from 7/21/10 to 12/8/10 ongoing per diem of $15.68 to actual date of sale including if sale is held at a later date -- $2,210.88 Atty's Comm Atty Paid $181.90 Plaintiff Paid ~ Date: 7120/10 (Seal) REQUESTING PARTY: Name: ALAN M. MINATO, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WWODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 75860 Due Prothy $2.00 Other Costs David D. Buell, Protho tar By: Deputy UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKMIA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 c CHERRY HILL, NJ 08003-3620 -am 856-669-5400 MW 2 Deutsche Bank National Trust Company, as ;COURT OF COMMON PLEW Trustee for the Registered Holders of :CIVIL DIVISION .<> NovaStar Mortgage Funding Trust, Series 2007- --Cumberland County r-X 2 NovaStar Home Equity Loan Asset-Backed T, Certificates, Series 2007-2 =C) Plaintiff 3> V. Debra A. Cummings Harry W. Cummings Jr. -:NO. 10-4096 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: ?%a CD ra 't7 c? --i CD rn- - -o 1 Cfm 1 =Q 'V :. ...ern N cn 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: November( , 2010 UDREN C. BY: t tiff MARK J. UDREN, STUART WINNEG, ESQUIRE RAINE DOYLE, ESQUIRE 4AN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for the Registered Holders of € CIVIL DIVISION NovaStar Mortgage Funding Trust, € Cumberland County Series 2007-2 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-2 ' NO. 10-4096 Plaintiff V. Debra A. Cummings Harry W. Cummings Jr. Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Debra A. Cummings and Harry W. Cummings Jr. PROPERTY: 1422 Spring Road, Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on December 8. 2010, at 10:00am, in the Commissioners Hearing Room, 2ND Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A 'V ?T ?v c 3 N CL 2 v c 3 5• cc O O .p O W v w n a cr CD m c a v cn O 3 0 V r T fD Q 1 C 42 ?D co A O 3 C Q n O •a eo f O W m 0 V O r 0 p? O - CL l< e X71 CO C m n O CA N O z ac N_ 0 O Cc, I y 0 y (D i 31 I tF °I 3 ? 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N fD fD N SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson hNti,? Sheriff 1 ?$??tr et +? umb,r Jody S Smith Chief Deputy' Richard W Stewart Solicitor OMC5 OF S?<RI F Deutsche Bank National Trust Company Case Number vs. 2010-4096 Harry W. Cummings (et al.) SHERIFF'S RETURN OF SERVICE 10/08/2010 04:37 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1632 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 Harry W. & Debra A. Cummings, located at, 1422 Spring Road, Carlisle, Cumberland County, Pennsylvania according to law. 10/08/2010 04:37 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1632 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: Harry W. Cummings, by making known unto, Harry W. Cummings, personally, at, 1422 Spring Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 10/08/2010 04:37 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1632 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: Debra A. Cummings, by making known unto, Harry W. Cummings, husband of defendant, at, 1422 Spring Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $908.92 October 26, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF EXHIBIT B (c) CountySuite Shenff, i"eleosoft. Inc-