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Home My WebLink About04-3007COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTOPHER A. DeNARDO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #78447 MERS, as nominee for NovaStar Mortgage, Inc. 8140 Ward Parkway, #200 Kansas City, MO 64114 VS. KAY L, SUCCA and KENNETH A. SUCCA 3 Redwood Court Camp Hill, PA 17011 NO. C>q -- 3ar, 7 CML ACTION- MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action withLn twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money chimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. J:\Diane~COMPLAIN\NOVASTAR-SUCCA CUMBERLAND 6~4.wlxl YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TO 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. COURT ADMINISTRATOR 4TH FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 J:\Diane\COMPLA1N\NOVASTAR-SUCCA CUMBERLAND 6-04.wpd NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J:\Diane\COMPLA/N~NOVASTAR-SUCCA CUMBERLAND 64)4.wlxt COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTOPHER A. DeNARDO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D.//78447 MERS, as nominee for NovaStar Mortgage, Inc. 8140 Ward Parkway, #200 Kansas City, MO 64114 VS. NO. KAY L. SUCCA and KENNETH A. SUCCA 3 Redwood Court Camp Hill, PA 17011 CIVIL ACTION- MORTGAGE FORECLOSURE 1. Plaintiff is MERS, as nominee for NovaStar Mortgage, Inc. (hereinafter "NovaStar"), a corporation with offices located at 8140 Ward Parkway, #200, Kansas City, MO 64114. 2. Defendants are Kay L. Succa and Kenneth A. Succa, adult individuals with a last-known address of 3 Redwood Court, Camp Hill, PA 17011. 3. Under date of December 31, 2002, defendants executed and delivered to MERS, as nominee for NovaStar Mortgage, Inc. a mortgage upon premises 3 Redwood Court, Camp Hill, PA 17011 to secure the payment of the sum of $140,000.00. The said mortgage is recorded in the Department of Records in and for the County of Cumberland in Mortgage Book No. 1790, page 3174, recorded January 7, 2003 and is incorporated herein by reference. A copy of the legal description of the premises is attached hereto and made a part hereof as Exhibit "A". J:\Diane\COMPLAIN~NOVASTAR~SUCCA CUMBERLAND 6-04. PA 17011. 4. The defendants are the real owners of premises 3 Redwood Court, Camp Hill, 5. In accordance with Act 91 of 1983, as amended, a combined notice providing the information required by §403 of Act 6 of 1974, and Act 91 aforesaid, was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit "B'. 6. The said loan is in default as a result of the failure to pay the monthly installments of $1,468.37 due on March 1, 2004 and on the 1st day of each month thereafter. 7. The following is due on the loan: PRINCIPAL BALANCE $139,312.73 INTEREST (accrued thru 6/21/04 of $5,937.93. Interest after 6/21/04 shall accrue at the per diem rate of $41.88.) 5,937.93 LATE CHARGES (accrued thru 6/21/04 of $399.02. Late charges after 6/21/04 shall accrue at the monthly rate of $79.93) 399.02 ESCROW ADVANCES 403.49 FEES BILLED NON-SUFFICIENT FUNDS CHARGE 58.50 30.00 RECOVERABLE BALANCE 249.50 COSTS 300.00 ATTORNEY'S FEE TOTAL 6,900.00 $153,591.17 WHEREFORE, Plaintiff, MERS, as nominee for NovaStar Mortgage, Inc. requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $139,312.73, plus interest thereon of $5,937.93 plus $441.88 per day from June 21, 2004 until J:\Diane\COMPLA/N\NOVASTAR~qUCCA CUMBERLAND 6414.Wl~d judgment is paid in full, late charges of $399.02, plus late charges of $79.93 per month from June 21, 2004until judgment is paid in full, escrow advances of $403.49, fees billed of $58.50, non- sufficient funds charge of $30.00, recoverable balance of $249.50, costs of $300.00, attorney's fees of $6,900.00, plus record costs. STERN AND STERCHO Attorney for Plaintiff J:\Diane\COMPLAIN\NOVASTAR-SUCCA CUMBERLAND 6~4.wlod VERIFICATION Scott Forst is the Vice-President of NovaStar Mortgage, Inc.. and is authorized to sign this Verification on behalf of same, and states that Ire verifies the foregoing Civil Action- Mortgage Foreclosure against~aY and Kenneth Sueca and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. Section 4904 relating to the unswom falsification to authorities, and that same are tree upon the signer's personal knowledge or information and belief. SCOTT FORST, V.P. DATE: 10-l%1596-075 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of Redwood Court, a 50 foot wide right-of-way, which said point of beginning is located and referenced 184.14 feet in an easterly direction from the intersection of the southerly line of Redwood Court and the easterly line of Mandy Lane; also a 50 foot wide right-of-way, and which said point of beginning is also located at the intersection of the southerly line of Redwood Court and the dividing line between Lots Nos. 70 & 71 on the Plan of Lots known as Countrywide, Section (A); thence from said point of begirming along the southerly line of Redwood Court; North 81 degrees 27 minutes east, a distance of 85.00 feet to a point on the dividing line between Lots. Nos. 69 and 70; thence from said point along the dividing line between Nos. 69 and 70; South 08 degrees 44 minutes East, a distance of 118.00 feet to a point on the northerly line of Lot No. 76; thence from a point along the northerly line of Lots Nos. 76 and 75, South 81 degrees 27 minutes West, a distance of 85.00 feet to a point on the dividing line between Lots Nos. 70 and 71; thence from said point along the dividing line between Lots Nos. 70 and 71, North 08 degrees 44 minutes West, a distance of 118.00 feet to a point, the point and place of BEGINNING. BEING Lot No. 70 on the plan of lots known as Countryside, Section (A), prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, Plan Book "25", Page 6. HAVING THEREON ERECTED a dwelling house being known and numbered as premises 3 Redwood Court, Camp Hill, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, reservations, conditions, covenants, easements, and rights of way of prior record. NovaStar Mortgage, Znc. P.O. Box 2900 Shawr~ee~Mission Kansas 66201 888.289.1208 Collections 816,237,7483 FAX www.novastarcustomer.com May 06, 2004 Kay L Succa Kenneth. A Succa 3 Redwood CT Camp Hill PA 17011- Kay Succa 3 Redwood Court Camp Hill, PA 1701 7160 3901 9848 2051 0141 RE: Loan No. 0000580423 Dear Mortgagor(s): Kenneth Succa 3 Redwood Court Camp Hill, PA 1701 l 7160 3901 9848 2051 0158 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose, specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proqram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Couselinq Agencies serving your County are listed at the end of ~his Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearin~ can call 717-780-1869.) This Notice contains important legal information~ If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able ~o help you find a lawyer. LA NOTIFICACION ENADJUNTO ES DE SLrMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELGZBLE PARA UN PRESTAMO POR EL PROGP, AMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERIDA DEL DERECHO A REDIMIR SU HIPOTECA. NovaStar Mortgage, Znc. P.O. BOx 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 8.t 6.237.7483 FAX www.nove$~rcustorner, corn STATEMENTS OF POLICY A. YOUHAVE NOT MADE HONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 03-01-04 through May 06, 2004 Other charges (explain/itemize):3 payments @$1468.37 Corporate advances 132.00 TOTAL AMOUNT PAST DUE: $ 4,806.27 B. YOU HAVE FAILED TO TAKE T~E FOLLOWING ACTION (DO NOT USE IF NOT APPLICABLE):Hake your payments. HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING TI{E TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4,806.27, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES W~ICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: Attn: Cashiering NovaStar MortGaGe 8140 Ward Parkway Suite 200 Kansas City, MO 64114 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 applicable.) N/A 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 mortgage debt. Tkis means tkat 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 property. NovaStar I~lortgage, P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 816.237.7483 FAX IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged prop( l~OV~']., ~[[. by the sheriff to pay off the mortgage debt. If the len~e~ refers your case to its a~torneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's, fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure pro- ceedings have bepun, you still have the right to cure the default and prevent the sale at any time up ~o one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by perform- ing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 4 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: NovaStar Mortgage, Inc. 8140 Ward Parkway, Suite 200 Kansas City, MO 64114 (888) 289-1208 (816) 237-7479 Collections EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. NovaStar Mo~tgage~ P.O. Box 2900 Shawnee Mission Kansas 6620! 888. 289, ~.208 Collections 816.237.7483 fAX www.novastarcustomer.com HOMEOWNER'S NAME (S): PROPERTY AHDDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: STATEMENTS OF POLICY Kay L Succa 3 Redwood Ct Camp Hill PA 17011 0000580423 NovaStar Mortgage, NOVASTAR MORTGAGE, INC. , ~ennecn. a ~ucca HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE W~ICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS ~OW TO BRING YOUR MORTGAGE UP 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 o~ this meetihg. The names, addresses and telephone numbers of desiqnated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. P.O. Box 2900 Shawnee Mission Kansas 66201 888,289.1208 Collections APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is J'~T.~xr~(".~.,~r.~ the reasons set forth later in this Notice (see follo~ INUV2%~]./~K specific information about the nature of your default.) Ar you nave tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR Ai~PLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORE- CLOSURE 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 f~led bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOU~ MORTGAGE DEFAULT (Bring it uD to date}. NATURE OF THE DEFAULT-The MORTGAGE debt held by the above property located at: 3 Redwood Ct Camp Hill PA 17011 IS SERIOUSLY IN DEFAULT because: NONPAYMENT lender on your NovaSter Hortgage, P.O. Box 2900 Shawnee His$ion Kansas 66201 888,289.1208 816,237,7483 F~ www.novastarcustomer,com STATE ENT OLICY ' ASSUMPTION OF MORTGAGE-You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. Provided that all the outstanding payments. Charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * T0 SELL TEE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO SO,OW MONEY FROM ~OTHER LE~ING INSTITUTION TO PAY OFF THIS DEBT. * TO ~VE THIS DEFAULT C~ED BY ~ THIRD PARTY ACTING ON YO~ BEEF. * TO ~VE THE MORTGAGE RESTO~D TO THE S~E POSITION AS IF NO DEFAULT HAD OCC~RED, IF YOU C~E THE DEFAULT. (HOWEVER, YOU DO NOT ~ THIS RIGHT TO CURE YO~ DEFAULT MO~ T~ THREE TIMES IN ~ C~E~ Y~.) * TO ASSERT THE NONEXISTENCE OF A DEFA~T IN ~Y FORECLOS~E PROCEEDING OR ~ OTHER ~WSUIT INSTITUTED ~DER THE MORTGAGE DO~E~S. * TO ASSERT ~Y ~HER DEFENSE YOU BELIEVE YOU ~Y ~VE TO SUCH A~ION BY THE LENDER. * TO SEEK PROTECTION ~DER ~E FEDE~ B~UPTCY ~W. CONS~ER CREDIT CO~SELING AGENCIES SERVING YOUR CO~ ~ ~s cqtn,~r~ '7' SHERIFF'S RETURN - REGULAR CASE NO: 2004-03007 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MERS VS SUCCA KAY L ET AL DAVID MCKINNEY , Cumberland County,Pennsylvania, says, the within COMPLAINT SUCCA KENNETH A DEFENDANT , at 1649:00 at 3 REDWOOD COURT CAMP HILL, PA 17011 KENNETH SUCCA a true and attested copy of HOURS, on the 12th day of July Sheriff or Deputy Sheriff of who being duly sworn according to law, - MORT FORE was served upon the 2004 by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10,00 .00 16.00 Sworn and Subscribed to before me this /g~ day of -, .~,~,._ ~..,O'?2V , A.D. ! t~rothonotary i , · So Answers: R. Thomas Kline 07/13/2004 STERN & STERCHO SHERIFF'S RETURN - CASE NO: 2004-03007 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MERS VS SUCCA KAY L ET AL REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SUCCA KAY L DEFENDANT at 1649:00 HOURS, at 3 REDWOOD COURT CAMP HILL, PA 17011 KENNETH SUCCA, ADULT IN CHARGE a true and attested copy of COMPLAINT - on the 12th day of July by handing to the , 2004 MORT PORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.62 Affidavit .00 Surcharge 10.00 .00 37.62 Sworn and Subscribed to before me this /~ day of . ~ A.D. [~rothonotary TM So Answers: R. Thomas Kline 07/13/2004 STERN & STERCHO Deputy Sheriff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTOPHER A. DeNARDO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-811 ! I.D. #78447 MERS, as nominee for NovaStar Mortgage, Inc. : VS. NO. 2004-03007 KAY L. SUCCA AND KENNETH A. SUCCA PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendants KAY L. SUCCA AND KENNETH A. SUCCA for failure of said Defendants to file a responsive pleading to the Complaint within twenty (20) days after service thereof. Please assess damages as follows: BALANCE DUE INTEREST (accrued thru 8/20/04 of $8,450.73. Interest after 8/20/04 shall accrue at the per diem rate of $41.88.) LATE CHARGES (accrued thru 8/04 of $558.88. Late charges after 8/04 shall accrue at the monthly rate of $79.93.) ESCROW ADVANCES FEES BILLED NON-SUFFICIENT FUNDS CHARGE RECOVERABLE BALANCE \\Server\office docum\Anne\Sales\Cumberland\NovaStar. Succa.8.04.wpd $139,312.73 8,450.73 558.88 403.49 58.50 30.00 249.50 COSTS ATTORNEY'S FEE TOTAL 300.00 6,9O0.00 $ 156,263.83 STERN AND STERCHO BY: ~~ CHRISTOPHER A. DeNARDO, Attorney for Plaintiff \\Server\office documXAnne\Sales\Cumberland\NovaStar. Succa.8.04.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTOPHER A. DeNARDO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenk'mtown, PA 19046 (215) 572-8111 I.D. # 33591 MERS, as nominee for NovaStar Mortgage, Inc. : VS. NO. 2004-03007 KAY L. SUCCA AND KENNETH A. SUCCA AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF MONTGOMERY : CHRISTOPHER A. DeNARDO, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants': 1. Last-known address is: 3 Redwood Court, Camp Hill, PA 17011 2. Are over the age of twenty-one. 3. Are not now nor have been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. Sworn to and subscribed before me this~O~) of 5 ~'' 3 ~ 2004 NOTARIAL SEAL DIANE J TURANO, Nolary P~biic Je~l~mt~,m ~'o., ~t~*c~ Courtly My Commissior~ Expire~ O~ober 31, 2006 \\Server\office docum~A, rme\Sales\Cumber land\Nov aStar, Succa,8.04 .wpd STERN AND STERCHO BY: ~ CHRISTOPHER A. DeNARDO, Attorney for Plaintiff COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTOPHER A. DeNARDO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 33591 MERS, as nominee for NovaStar Mortgage, Inc. : VS. NO. 2004-03007 KAY L. SUCCA AND KENNETH A. SUCCA CERTIFICATION UNDER RULE 237.1 I, the undersigned, attorney on the writ and attorney for plaintiff, hereby certify that a ten day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. 237.1. A true and correct copy of said notice is attached hereto. STERN AND STERCHO BY: ~ CHRISTOPHER A. DeNARDO, Attorney for Plaintiff \\Server\office docum\Anne\Sales\Cumberland\NovaStar. Succa.8.04.wpd . MERS, as nominee for 1'~. ~Star Mortgage, Inc. : COURT OF jMMON PLEAS OF CUMBERLAND CO. Vs. KAY L. SUCCA and KENNETH A. SUCCA : NO. 2004-03007 To~ Ms. Kay L Succa 3 Redwood Court Camp Hill, PA 17011 Mr. Kenneth A. Succa 3 Redwood Court Camp Hill, PA 17011 Date of Notice: 8/4/2004 IMPORTANT NOTICE 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: YOU 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 AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR 4r? FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 STERN AND STERCHO BY: ~ ~ CHRISTOPHER A. DeNARDO, Attorney for Plaintiff 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D.//78447 J:IDiane\IO\NOVASTAR-SUCCA CUMBERLAND 8-04. wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTOPHER A. DeNARDO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 33591 MERS, as nominee for NovaStar Mortgage, Inc. : VS. NO. 2004-03007 KAY L. SUCCA AND KENNETH A. SUCCA CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriff's Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. STERN AND STERCHO BY: CHRISTOPHER A. DeNARDO, Attorney for Plaintiff X\Server\office docum\AnneXSales\CumberlandXNovaStar. Succa.8.04.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTOPHER A. DeNARDO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 33591 MERS, as nominee for NovaStar Mortgage, Inc. VS. NO. 2004-03007 KAY L. SUCCA AND KENNETH A. SUCCA CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: MERS, as nominee for NovaStar Mortgage, Inc. 8140 Ward Parkway, #200 Kansas City, MO 64114 Kay L. Succa and Kenneth A, Succa 3 Redwood Court Camp Hill, PA 17011 STERN AND STERCHO CHRISTOPHER A. DeNARDO, Attorney for Plaintiff \\Server\office docum~Anne\Sales\Cumberland\NovaStar. Succa.8.04.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: MERS as nominee for NovaStar Mortgage, Inc. VS. Kay L. Succa and Kenneth A. Succa ( ) Confessed Judgment (xx) Other File No. 2004-03007 Amount Due $156,263.83 Interest from the date judgment is entered ~ the per diem rate of $41.88 until judgment Atty's Comm paid J.n full Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) SEE LEGAL DESCRIPTION ATTACHED County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personaJty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the Date defendant(s) described in the attached exhibit. August 20, 2004 Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: Christopher A. DeNardo, Esq. 410 The Pavilion Jenkintown, PA 19046 Plaintiff (215) 572-8111 78447 (ove0 Notes: If real property, supply six copies of description including improvements and an odginal and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ~0-194596-075 ALL THAT CERTAIN tract or pa .... of land and premises, situate, lying and b~mg in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of Redwood Court, a 50 foot wide right-of-way, which said point of beginning is located and referenced 184.14 feet in an easterly direction from the intersection of the southerly line of Redwood Court and the easterly line of Mandy Lane; also a 50 foot wide right-of-way, and which said point of begitming is also located at the intersection of the southerly line of Redwood Court and the dividing line between Lots Nos. 70 & 71 on the Plan of Lots known as Countrywide, Section (A); thence from said point of beginning along the southerly line of Redwood Court; North 81 degrees 27 minutes east, a distance of 85.00 feet to a point on the dividing line between Lots. Nos. 69 and 70; thence from said point along the dividing I/ne between Nos. 69 and 70; South 08 degrees 44 minutes East, a distance of 118.00 feet to a point on the northerly line of Lot No. 76; thence from a point along the northerly line of Lots Nos. 76 and 75, South 81 degrees 27 minutes West, a distance of 85.00 f_ee~ to ~ po~iqt 0n the di¥!d~i0g !i_~ between Lots Nos. 70 and 71; thence frqm _s~!d pqin_t.a_l~ng_ thee _ dividing line between Lots Nos. 70 and 71, North 08 degrees 44 minutes West, a distance of 118,00 feet to a point, the point and place of BEGINNING. BEING Lot No. 70 on the plan of lots known as Countryside, Section (A), prepared by Charles W. Junk/ns, Registered Surveyor, dated December 4, 1973 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, Plan Book "25", Page 6. HAVING THEREON ERECTED a dwelling house being known and numbered as premises 3 Redwood Court, Camp Hill, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, reservations, conditions, covenants, easements, and rightg of way of prior record. ~qiIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-3007 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MERS AS NOMINEE FOR NOVASTAR MORTGAGE, INC., Plaintiff(s) From KAY L. SUCCA AND KENNETH A. SUCCA, (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 tbe 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 framed garnishee, you are directed to notify him/her that he/she has been added as a garrfishee and is enjoined as above stated. Amount Due $156,263.83 L,L. $.50 Interest FROM THE DATE JUDGMENT IS ENTERED AT THE PER DIEM RATE OF $41.88 UNTIL JUDGMENT IS PAID/N FULL Atty's Corem % Due Prothy $1.00 Arty Paid $135.62 Other Costs Plaintiff Paid Date: AUGUST 24, 2004 (SeaD CURTIS R. LONG Prothon~,517 '~.~By: ~"]/~"A ~' -, t~' Deputy REQUESTING PARTY: Name CHRISTOPHER A. DeNARDO, ESQUIRE Address: 410 THE PAVILION JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court/D No. 78447 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTOPHER A. DeNARDO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 78447 MERS, as nominee for NovaStar Mortgage, Inc. : VS. NO. 2004-03007 KAY L. SUCCA AND KENNETH A. SUCCA AFFIDAVIT PURSUANT TO RULE 3129.1 CHRISTOPHER A. DeNARDO, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 3 REDWOOD COURT, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or Reputed Owner(s): Kay L. Succa and Kenneth A. Succa 3 Redwood Court Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Kay L. Succa and KennethA. Succa 3 Redwood Court Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A \\Server\office docum\Anne\Sales\Cumberland\NovaStar .Succa.8.1M. wpd 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by tile sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities. Date: 8/20/2004 STERN AND STERCHO BY: CHRISTOPHER A. DeNARDO, Attorney for Plaintiff \\ServerXoffice docum\Anne\Sales\CumberlandXNovaStar. Succa.8.04.wpd 10-19-1596-075 ALL THAT CERTAIN tract or pa .... of land and premises, situate, lying and being in the Township of Hampden ,/n the Coun .ty of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of Redwood Court, a 50 foot wide right-of-way, which said point of beginning is located and referenced 184.14 feet in an easterly direction from the intersection of the southerly line of Redwood Court and the easterly line of Mandy Lane; also a 50 foot wide right-of-way, and which said point of beginning is also located at the intersection of the southerly line of Redwood Court and the dividing line between Lots Nos. 70 & 71 on the Plan of Lots known as Countrywide, Section (A); thence from said point of begirming along the southerly line of Redwood Court; North 81 degrees 27 minutes east, a distance of 85.00 feet to a point on the dividing line between Lots. Nos. 69 and 70; thence from said point along the dividing line between Nos. 69 and 70; South 08 degrees 44 minutes East, a distance of 118.00 feet to a point on the northerly line of Lot No. 76; thence from a point along the northerly line of Lots Nos. 76 and 75, South 81 degrees 27 minutes West, a distance of 85.00 t~eet to a pq~gt on the diyidfing li~e between Lots Nos. 70 and 71; thence frqm s_a!d point.a_lp~ng_ the . dividing line between Lots Nos. 70 and 71, North 08 degrees 44 minutes West, a distance of 118.00 feet to a point, the point and place of BEGINNING. BE1NG Lot No. 70 on the plan of lots known as Countryside, Section (A), prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, Plan Book "25", Page 6. HAVING THEREON ERECTED a dwelling house being known and numbered as premises 3 Redwood Court, Camp Hill, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, reservations, conditions, covenants, easements, and right~ of way of prior record. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTOPHER A. DeNARDO, ESQUIRE STERN AND STERCHO 410 The Pavilion /enkintown, PA 19046 (215) 572-8111 I.D. # 78447 MERS, as nominee for NovaStar Mortgage, Inc. VS. NO. 2~4-03007 KAY L. SUCCA AND KENNETH A. SUCCA NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KAY L. SUCCA AND KENNETH A. SUCCA 3 REDWOOD COURT CAMP HILL, PA 17011 Your real estate at 3 REDWOOD COURT, CAMP HILL, PA 17011 is scheduled to be sold at Sheriff's Sale on DECEMBER 8, 2004 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $156,263.83 obtained by MERS, as nominee for NovaStar Mortgage,/nc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: I, The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-811 I. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. \\Server\office documL4rme\Sales\Cumberlancl\NovaStar.$ucca.8.04, wpd You may need an attorney to assert your rights. The sooner you contact one, the ~nore chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3, The sale will go through only if the buyer pays the Sheriff the full mount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days aRer the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 \\Server\office docum\Anne\Sales \Cum~erland~NovaStar,Succa.&04. wpd 10-19-1596-075 ALL THAT CERTAIN tract or pa .... of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of Redwood Court, a 50 foot wide right-of-way, which said point of beginning is located and referenced 184.14 feet in an easterly direction from the intersection of the south~ly line of Redwood Court and the easterly line of Mandy Lane; also a 50 foot wide right-of-way, and which said point of beginning is also located at the intersection of the southerly line of Redwood Court and the dividing line between Lots Nos. 70 & 71 on the Plan of Lots known as Countrywide, Section (A); thence from said point of beginning along the southerly line of Redwood Court; North 81 degrees 27 minutes east, a distance of 85.00 feet to a point on the dividing line between Lots. Nos. 69 and 70; thence from said point along the dividing line between Nos. 69 and 70; South 08 degrees 44 minutes East, a distance of 118.00 feet to a point on the northerly line of Lot No. 76; thence from a point along the northerly line of Lots Nos. 76 and 75, South 81 degrees 27 minutes West, a distance ....... of 85.00 f~e~ t0 a pqi~t qn the diYi_di_ng 1~ between Lots Nos. 70 and 71; thence frq~ _s_a_!d dividing line between Lots Nos. 70 and 71, North 08 degrees 44 minutes West, a distance of 118.00 feet to a point, the point and place of BEGINNING. BEING Lot No. 70 on the plan of lots known as Countryside, Section (A), prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, Plan Book "25", Page 6. HAVING THEREON ERECTED a dwelling house being known and numbered as premises 3 Redwood Court, Camp Hill, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, reservations, conditions, covenants, easements, and rightg of way of prinr record. Mers VS Kay L. Succa and Kenenth A. Succa In The Court of Corrm~on Pleas of Cumberland County, Pennsylvania Writ No. 2004-3007 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Christopher DeNardo. Sheriffs Costs: Docketing 30.00 Law Library .50 Prothonotary 1.00 Levy 15.00 Surcharge 30.00 $ 76.50 Sworn and subscribed to before me So Answers: This /37 dayof~,.,~- R. Thomas Kline, Sheriff 2004, Prothonotary Real E~/te Deputy COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTOPHER A. DeNARDO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 78447 MERS, as nominee for NovaStar Mortgage, Inc. : VS. NO. 2004-03007 KAY L. SUCCA AND KENNETH A. SUCCA AFFIDAVIT PURSUANT TO RULE 3129.1 CHRISTOPHER A. DeNARDO, attorney for Plaintiff in the above caption, sete~ forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 3 REDWOOD COURT, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or Reputed Owner(s): Kay L. Succa and Kenneth A. Succa 3 Redwood Court Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Kay L. Succa and Kenneth A. Succa 3 Redwood Court Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A \\Server\office documkAma, e\Sales\Cumbefland\NovaStar. Succa.8.04.wpd 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 8/20/2004 STERN AND STERCHO CHRISTOPHER A. DeNARDO, Attorney for Plaintiff \\Server\office docum\Anne~Sales\Cumberland\NovaStar. Succa.8.04.wlxt lO-q9-1596-075 ALL THAT CERTAIN tract or pa .... of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of Redwood Court, a 50 foot wide right-of-way, which said point of beginning is located and referenced 184,14 feet in an easterly direction from the intersection of the southerly line of Redwood Court and the easterly line of Mandy Lane; also a 50 foot wide right-of-way, and which said point of beginning is also located at the intersection of the southerly line of Redwood Court and the dividing line between Lots Nos. 70 & 71 on the Plan of Lots known as Countrywide, Section (A); thence from said point of beginning along the southerly line of Redwood Court; North 81 degrees 27 minutes east, a distance of 85.00 feet to a point on the dividing line between Lots. Nos. 69 and 70; thence from said point along the dividing line between Nos. 69 and 70; South 08 degrees 44 minutes East, a distance of 1 l 8.00 feet to a point on the northerly line of Lot No. 76; thence from a point along the northerly line of Lots Nos. 76 and 75, South 81 degrees 27 minutes West, a distance ....... of 85.~ f~eet t~ a p~m~t ~n the di¥idJn` g ~i-ne between L~ts N~s. 7~ and 7 ~ ; thence fr~ m ~!d p~-~t~.a-~P-n~ ~h~ dividing line between Lots Nos. 70 and 71, North 08 degrees 44 minutes West, a distance of 118.00 feet to a point, the point and place of BEGINNING. BE/NO Lot No. 70 on the plan of lots known as Countryside, Section (A), prepared by Charles W. Junk/ns, Registered Surveyor, dated December 4, 1973 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, Plan Book "25", Page 6. HAVING THEREON ERECTED a dwelling house being known and numbered as premises 3 Redwood Court, Camp Hill, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, reservations, conditions, covenants, easements, and fights of way of prior record. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW CHRISTOPHER A. DeNARDO, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 78447 MERS, as nominee for NovaStar Mortgage, Inc. : VS. · NO. 2004-03007 KAY L. SUCCA AND KENNETH A. SUCCA NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KAY L. SUCCA AND KENNETH A. SUCCA 3 REDWOOD COURT CAMP HILL, PA 17011 Your real estate at 3 REDWOOD COURT, CAMP HILL, PA 17011 is scheduled to be sold at Sheriff's Sale on DECEMBER 8, 2004 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $156,263.83 obtained by MERS, as nominee for NovaStar Mortgage, Inc. against you. 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 Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause· 3. You may also be able to stop the sale through other legal proceedings. \\Server\office docum~Anne\SaleaXCumberland\NovaStar. Succa.8.04.wpd You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may fred out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To f'md out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 X\Server\office documk~.ne\Sales\Cumberland\NovaStar. Succa.8. 04. wpd 10-'19-1596-075 ALL THAT CERTAIN tract or pa .... of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNqNG at a point on the southerly line of Redwood Court, a 50 foot wide fight-of-way, which said point of beginning is located and referenced 184. I4 feet in an easterly direction from the intersection of the southerly line of Redwood Court and the easterly line of Mandy Lane; also a 50 foot wide fight-of-way, and which said point of beginning is also located at the intersection of the southerly line of Redwood Court and the dividing line between Lots Nos. 70 & 71 on the Plan of Lots known as Countrywide, Section (A); thence from said point of beginning along the southerly line of Redwood Court; North 81 degrees 27 minutes east, a distance of 85.00 feet to a point on the dividing line between Lots. Nos. 69 and 70; thence from said point along the div/ding line between Nos. 69 and 70; South 08 degrees 44 minutes East, a distance of 118.00 feet to a point on the northerly line of Lot No. 76; thence from a point along the northerly line of Lots Nos. 76 and 75, South 81 degrees 27 rmnutes West, a distance ...... of 85.00 f~e_e~ to ~ pp~n.t on the di¥id_ix3g l(~3e between Lots Nos. 70 and 71; thence fro_n~._s~id p0i~[ a_~n_~ ~he_ dividing line between Lots Nos. 70 and 71, North 08 degrees 44 minutes West, a distance of 118.00 feet to a point, the point and place of BEGINNING. BEING Lot No. 70 on the plan of lots known as Countryside, Section (A), prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973 and recorded in the Office o f the Recorder of Deeds of Cumberland County on April 11, 1974, Plan Book "25", Page 6. HAVING THEREON ERECTED a dwelling house being known and numbered as premises 3 Redwood Court, Camp Hill, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, reservations, conditions, covenants, easements, and rightg of way of prior record. Real Estate Sale #28 On August 31, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 3 Reclwoocl Court, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 31, 2004 Real Esta~ Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-3007 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MERS AS NOMINEE FOR NOVASTAR MORTGAGE, INC., Plaintiff (s) From KAY L. SUCCA AND KENNETH A. SUCCA, (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 garmshee(s) is enjoined from paying any debt to or for the accotmt of the defendant (s) and from delivering any prope~ of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is lbund 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. AmountDue $156,263.83 L.L. $.50 Interest FROM THE DATE JUDGMENT IS ENTERED AT TItE PER DIEM RATE OF $41.88 UNTIL JUDGMENT IS PAID IN FULL Atty's Corem% Due Prothy $1.00 Atty Paid $135.62 Other Costs Plaintiff Paid Date: AUGUST 24, 2004 (SeaD CURTIS R. LONG Prothon~,~.)'y Deputy REQUESTING PARTY: Name CHRISTOPHER A. DeNARDO, ESQUIRE Address: 410 THE PAVILION JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 78447