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HomeMy WebLinkAbout05-0414COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NovaStar Mortgage, Inc. 8140 Ward Parkway, #200 Kansas City, MO 64114 VS. NO. FFL-? -y y cI U ?? KAY L. SUCCA and KENNETH A. SUCCA 3 Redwood Court Camp Hill, PA 17011 CIVIL 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 within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. J:\Diane\COMPLAIN\NOVASTAR-SUCCA CUMBERLAND 6-04.wpd 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 I:\Diane\COMPLAIN\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. 1:\Diane\COMPLAIN\NOVASTAR-SUCCA CUMBERLAND 6-04.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #{75736 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, #f200, 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.wpd 4. The defendants are the real owners of premises 3 Redwood Court, Camp Hill, PA 17011. 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 $1,185.26 due on September 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 1/17/05 of $5,123.58. 5,123.58 Interest after 1/17/05 shall accrue at the per diem rate of $30.42.) LATE CHARGES (accrued thru 1/17/05 of $606.48. 606.48 Late charges after 1/17/05 shall accrue at the monthly rate of $61.90) ESCROW ADVANCES 968.09 FEES BILLED 37.50 NON-SUFFICIENT FUNDS CHARGE 30.00 COSTS 300.00 ATTORNEY'S FEE 6.900.00 TOTAL $ 153,278.38 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 $5,123.58 plus $30.42 per day from January 17, 2005 until J:\Diane\COMPLAIN\NOVASTAR-SUCCA CUMBERLAND 6-04.wpd judgment is paid in full, late charges of $606.48, plus late charges of $61.90 per month from January 17, 2005until judgment is paid in full, escrow advances of $968.09, fees billed of $37.50, non-sufficient funds charge of $30.00, costs of $300.00, attorney's fees of $6,900.00, plus record costs. STERN AND TE O STEVEN K. EISENBERG, Attorney for Plaintiff J:\Diane\COMPLAIN\NOVASTAR-SUCCA CUMBERLAND 6-04.wpd 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 he verifies the foregoing Civil Action-Mortgage Kay and Kenneth Succa Foreclosure against and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. §4904 relating to the unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. SCOTT F ST, Vice-President DATE: 10-19-1596-075 ?.?..?i ?y vy?VL41 11V1'1 ALL THAT CERTAIN tract or pa, - of land and premises, situate, lying and bong 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 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. \t aF 1. S NovaStar Mortgage, Inc. P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1206 Collections 816.237.7483 FAX www, novastarcustomer. com November 11, 2004 Kay L Succa 3 Redwood CT Camp Hill PA 17011- RE: Loan No. 0000580423 Article Dear Mortgagor(s): Certified Number 7160 3901 9848 2047 7536 ACT 91 NOTICE Novi-i i,?R TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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. 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 OHTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELGIBLE PARA UN PRESTAMO POR EL PROGRAM LLA24ADO "HOMEOWNER'S EMERGENCY MQa=AQ CE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERIDA DE FYMIQrr R SU HIPOTECA, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. 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. I NovaStar Mortgage, Inc. P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 816.237.7483 PAX www.novastavcustomer.com ?NOUASTAR YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 09-01-04 through November,ll, 2004 Other charges (explain/itemize):$512.68 Corporate advances -952.30 TOTAL AMOUNT PAST DUE: $ 3,116.16 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,116.16, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be mad either by cashier's check, certified check or monev order made oavable Attn: Cashiering NovaStar Mortgage 8140 Ward Parkway Suite 200 Kansas City, MO 64114 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the 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 property. NovaStar Mortgage, Inc. P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 816.237.7483 FAX www.novastarcustomer. corn NbvASTARm 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 Mortgage, Inc. P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 816.237.7483 FAX www.novastarcustomer.com NaVAS"I A ? 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 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 begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late 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 mortaaae to the 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: NovaStar Mortgage, Inc. Address: 8140 Ward Parkway, Suite 200 Kansas City, MO 64114 Phone Number: (888) 289-1208 Fax Number: (816) 237-7479 Contact Person: Collections NovaStar Mortgage, Inc. P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 816.237.7483 FAX www.novastarcustomer.com NUUAa' 1:,='', z HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Kay L Succa 3 Redwood Ct Camp Hill PA 17011 0000580423 NovaStar Mortgage Inc NOVASTAR MORTGAGE, INC. , Kenneth. A Succa HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR 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 telephone numbers of designated 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. I NovaStar Mortgage, Inc, P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 816.237.7483 FAX www.novastarcustomer.com ASSUMPTION OF MORTGAGE-You sell or transfer your home to the mortgage debt, provided t and attorney's fees and costs the other requirements of the Y,kS-ff1 ¢• may or X may noc (c_ ?07 a buyer or transferee who will assume aat all the outstanding payments, charges are paid prior to or at the sale and that mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT- • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY NovaStar Mortgage, Inc. P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 816.237.7483 FAX www.novastarcustomer.com NbvASTAR° APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days 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, 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 filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 3 Redwood Ct Camp Hill PA 17011 IS SERIOUSLY IN DEFAULT because: NONPAYMENT HEMAP Counseling Age: Page 1 of I Edward G Randall s?Citairperwn la ? PHFA A. William Schenck r ' Executive Director Brian A. Hudson, Sr. CLICK & GO About Us I Site Map I What's Now Counseling Agencies CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Sheet Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.611-2227 Community Action Commission of Capital 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 800.342.2397 Effective 8/26/2004 at 3:31:05 PM Return to MAP Questions regarding the Homeowners' Emergency Mortgage Assistance Program should be directed to HEMAP at 1.800.342-2397. Home I Conferences & Events I Contact Us I Directions I Future Home Buyer Program I Handbooks & Forms I Housing Programs I Housing Study I Interest Rates I Legislative I Links I News & Notices I Press Releases I Quarterly Disclosure I Rental Housing Properties I Request For Proposals I Right To Know (PDF) I Section 8 Contract Administration Search P H F A Copyright ® 2004 Pennsylvania Housing Finance Agency Wis.'-" All rights reserved. Powered by Gees+1 p ,,,. Legal I Privacy Statement http://www.phfa.org/programs/hemap/lenders/heaPage2l.html 11/11/2004 NovaStar Mortgage, Inc, P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 816.237.7483 FAX www.novastarcustomer.com November 11, 2004 Kenneth. A Succa 3 Redwood CT Camp Hill PA 17011- RE: Loan No. 0000580423 Dear Mortgagor(s): NovA , ..'A Certified Article Number SENDERS RECORD ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ice that a ASSISTANCE PROGRAM on your home is information ab 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 Counselina Aaencv. serving vour Countv are listed at the end of this Notice. It you have anv auestions, you may call the Pennsvlvania Housing Finance Aaencv toll tree at 1-800-342-2397. (Persons with impaired hearing can call 717-780-1869.) This Notice contains important legal information. It 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 CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERIDA DEL DERECHO A REDIMIR SU HIPOTECA. NovaStar Mortgage, Inc. P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 816,237.7483 FAX www.novastarcustomer.com N VASTAR5 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 09-01-04 through November 11, 2004 Other charges (explain/itemize):$512.68 Corporate advances -952.30 TOTAL AMOUNT PAST DUE: $ 3,116.16 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,116.16, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be mad 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 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. 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 property_ I NovaStar Mortgage, Inc. P.O. Box 2900 Shawnee Mission Kansas 66201 888.289,1208 Collections 816-237.7483 FAX www, novastarcustomer. com OUA` - tm1 l 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 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 begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late 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 vour mortaaae to the 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: NovaStar Mortgage, Inc. Address: 8140 Ward Parkway, Suite 200 Kansas City, MO 64114 Phone Number: (888) 289-1208 Fax Number: (816) 237-7479 Contact Person: Collections I NovaStar Mortgage, Inc. P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 816.237.7483 FAX www.novastarcustomer.com L V b Y.C S, _ ,`' R`. 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 Mortgage, Inc. P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 816.237.7483 FAX www, novestarcustomer. com HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Kay L Succa 3 Redwood Ct Camp Hill PA 17011 0000580423 NovaStar Mortgage Inc NOVASTAR MORTGAGE, INC. NovAS-rl L\ , Kenneth. A Succa HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME 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 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 telephone numbers of designated 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. NovaStar Mortgage, Inc. P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 816.237.7483 FAX www.novastarcustomer.com / \ w Novi, APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days 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, 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 filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 3 Redwood Ct Camp Hill PA 17011 IS SERIOUSLY IN DEFAULT because: NONPAYMENT NovaStar Mortgage, Inc. P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 Collections 816.237.7483 FAX www. novasta rcustomer. cam N&AST:AR ASSUMPTION OF MORTGAGE-You may or X may not ?c uN ) 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: * 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY HEMAP Counseling Ager Page 1 of 1 " Edward G. Rendeil H E vRir r Chalrpq[M ". , A. William Schenck ec Iva Director CLICK & GO About Us I Site map I What's New Brian A. Hudson, Sr. kwiftile; ROAM Counseling Agencies Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA CUMBERLAND COUNTY 2000 Linglestown Road Harrisburg, PA 17102 888-511.2227 Community Action Commission of Capitial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranathe 43 Philadelphia Avenue Waynesboro, PA 17268 (717)762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342.2397 Effective 8126/2004 at 3:31:05 PM Return to MAP Questions regarding the Homeowners' Emergency Mortgage Assistance Program should be directed to HEMAP at 1.800-342.2397. Home Conferences & Events Contact Us Directions I Future Home Buyer Program Handbooks & Forms Housing Programs Housing Study I Interest Rates I Legislative Links I News & Notices Press Releases I Quarterly Disclosure Rental Housing Properties I Request For Proposals ( Right To Know (POF) Section 8 Contract Administration Search P H F A Copyright ® 2004 Pennsylvania Housing Finance Agency z All rights reserved. Powered byGafogle Legal Privacy Statement I http://www.phfa.org/programs/hemap/lenders/hcaPage2l.html 11/11/2004 7U r °U2 ft i r? N X C7? T -ra t?3tr ', -ice ? ?f7 4l ?' 7 SHERIFF'S RETURN - REGULAR CASE NO: 2005-00414 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MERS VS SUCCA KAY L ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SUCCA KAY L was served upon the DEFENDANT , at 1847:00 HOURS, on the 3rd day of February , 2005 at 3 REDWOOD COURT CAMP HILL. PA 17011 KENNETH A SUCCA, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.36 Affidavit .00 Surcharge 10.00 .00 38.36 Sworn and Subscribed to before me this // ' day of 2f?JJ? A. D. .z r thonotary So Answers R. Thomas Kline 02/04/2005 STERN & STERCHO By: /C 1L, Deputy Sheri CASE NO: 2005-00414 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MERS VS SUCCA KAY L ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SUCCA KENNETH A was served upon DEFENDANT the , at 1847:00 HOURS, on the 3rd day of February , 2005 at 3 REDWOOD COURT CAMP HILL. PA 17011 KENNETH A SUCCA by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this j/ cl day of J 700A. D. At 10 r ?-'Prothonotary ' So Answers: R. Thomas Kline 02/04/2005 STERN & STERCHO By tQ. ?-- Deputy Sheriff M COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term 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 $ 139,312.73 INTEREST (accrued thru 9/27/06 of $23,923.14. 23,923.14 Interest after 9/27/06 shall accrue at the per diem rate of $30.42.) LATE CHARGES (accrued thru 9/06 of $1,844.48. 1,844.48 Late charges after 9/06 shall accrue at the monthly rate of $61.90.) ESCROW ADVANCES 968.09 FEES BILLED 37.50 NON-SUFFICIENT FUNDS CHARGE 30.00 COSTS 300.00 J:\ANNE\SALES\CUMBERLAND\NOVASTAR.S000A.9.06.DOC ATTORNEY'S FEE TOTAL 6,900.00 $ 173,315.94 LLP BY: J:\ANNE\SALES\CUM BERLAND\NOVASTAR.S000A.9.06. DOC W COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term KAY L. SUCCA AND KENNETH A. SUCCA AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS I, the undersigned, 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 subs ribed befo m this d7kay of , 2006 OMMONWEACI M OF PENNSYLVANIA HELEN NOTARIAL SEAL Jenkintown Boro., Montgomelq Courgy MY Commission Expires October y1.2ppg J: WNNE\SALESICUMBERLAND\NOVASTAR.S000A.9.06.DOC STERNA EISENBERG LLP BY: _? T VEN K. EISENBERG, Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term 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 EISENBERG LLP BY: STEVEN K. EISENBERG, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLANDWOVASTAR.S000A.9.06.DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW MERS, as nominee for NOVASTAR MORTGAGE, INC. VS. KAY L. SUCCA AND KENNETH A. SUCCA To: Kay L. Succa 3 Redwood Court Camp Hill, PA 17011 NO. 2005-414 CIVIL Kenneth A. Succa 3 Redwood Court Camp Hill, PA 17011 Date of Notice: September 15, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYAND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. [YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:] 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 4TH FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 STERN AND EISENBERG LLP BY: STEVEN K. EISENBERG Attorney for Plaintiff The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 J:\ANGELA\TEN DAY\CUMBERLAND\NOVASTAR.SUCCA.CUMBERLAND.10.DAY.9.06.DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term KAY L. SUCCA AND KENNETH A. SUCCA CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs 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 EISENBERG LLP i BY: '??--- STEVEN K. EISENBERG, Attorney for Plaintiff J AAN N E\SA LE S\C U M B E R LAN D W OVASTAR. S U C CA.9.06. DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term 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 EI ENBERG LLP BY: _" Z_ STEVEN K. EISENBERG, Attorney for Plaintiff J AANNE\SALES\CUM BERLAND\NOVASTAR.S000A.9.06. DOC 491 LAJ c.7) G N Sri V Y -E .z? UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Kenneth A Succa Kay L Succa CHAPTER 13 CASE NO.: 1-05-bk-00753 Debtor(s) ORDER DISMISSING CASE Upon consideration of the Trustee's Certificate of Default (and hearing if appropriate), and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By tile coml? 7104?? 1 6qj -.4- do, ,g= B rup Judge (JR) This electronic order is signed and filed on the same date. Dated: December 22, 2005 MDPA-DISMISS2MPT REV 6/05 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 TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment ( ) Other File No 05-414 Amount Due $173,315.94 Interest from 9/27/06 at the per diem rate of $30.42 until judgment is paid in full Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See full legal description attached 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 personalty 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 defendant(s) described in the attached exhibit. Date September 27, 2006 Signature: Print Name Address: Attorney for Telephone: S v n K. F.i senberg Thh Pavilion 26? Old York Road, Suite 410 Jenkintown PA 19046 Plaintiff (215) 572-8111 Supreme Court ID No.: 75736 (over) n t ?c o {.N C t r- oc?? C 1 ? ti w w s? C P-47 __ - yl ,j? A%AA 11%1Jll 10-19-1596-075 ALL THAT CERTAIN tract or pa. _ of land and premises, situate, lying and bung 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 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. Iunkins, 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-414 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MFRS, 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 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 $173,315.94 L.L. $.50 Interest FROM 9/27/06 AT THE PER DIEM RATE OF $30.42 UNTIL JUDGMENT IS PAID IN FULL Atty's Comm % Atty Paid $136.36 Plaintiff Paid Date: OCTOBER 6, 2006 (Seal) Due Prothy $1.00 Other Costs c Curti ,61. Long, P notary By: Deputy REQUESTING PARTY: Name STEVEN K. EISENBERG, ESQUIRE Address: THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-5111 Supreme Court ID No. 75736 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term KAY L. SUCCA AND KENNETH A. SUCCA AFFIDAVIT PURSUANT TO RULE 3129.1 STEVEN K. EISENBERG, 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 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 J:\ANNE\SALES\CUMBERLAND\NOVASTAR. S UCCA.9.06. DOC 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: 9/27/2006 STERN AND EISENBERG LLP BY: EVEN K. EISENBERG, Attorney for Plaintiff J:\AN NE\SALES\CUMBERLAND\NOVASTAR.S000A.9.06.DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term 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 Sheriffs Sale on MARCH 7, 2007 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $173,315.94 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 Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Eisenberg 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 Eisenberg, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\ANN E\SALES\CUMBERLAND\NOVASTAR.S000A.9.06. DOC You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg, telephone (215) 572- 8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring - legal-proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 J:\ANNE\SALES\CUMBERLAND\NOVASTAR.S000A.9.06. DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term KAY L. SUCCA AND KENNETH A. SUCCA RE PREMISES: 3 REDWOOD COURT, CAMP HILL, PA 17011 Dear Sir or Madam: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on MARCH 7, 2007 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $173,315.94 plus interest thereon entered in the above matter in favor of plaintiff against the above- named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 9/27/2006 STERN EISENBERG LLP BY: STEVEN K. EISENBERG, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\NOVASTAR.S UCCA.9.06. DOC 10-19-1596-075 -- - yLVt ANAL 11V1'1 • ALL THAT CERTAIN tract or pa.. -. of land and premises, situate, lying and b6ng 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 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. $5.00 feet to a point on the dividing. tine 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 righti of way of prior record. C7 - 7D a COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MFRS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term 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 Sheriffs Sale on MARCH 7, 2007 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $173,315.94 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 Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Eisenberg 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 Eisenberg, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\ANNE\SALES\CUMBERLAND\NOVASTAR.S000A.9.06. DOC 1 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg, telephone (215) 572- 8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring _-legal-proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 JAAN N E\SALES\CUMBERLAND\NOVASTAR.S000A.9.06. DOC - - i.i. "v 'L%.L1 111J1`I 10-19-1596-075 ALL THAT CERTAIN tract or pa.. -, of land and premises, situate, lying and bang 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 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. ?.? ?"? ? J E-` c?-a =-? ? c-+ •--} .-. ,. C .? ? _j ?? ? a?7 C?? '?r'' ,. <- ` {" i", l.'' ,p ?] : a3 ?-, --,'. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I . D. #75736 MERS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term KAY L. SUCCA AND KENNETH A. SUCCA AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 STEVEN K. EISENBERG, 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 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: Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: N/A J:\ANNE\SALES\CUMBERLAND\NOVASTAR.S000A.9.06. DOC 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: 12/7/2006 BY: STERN-AND EISENBERG LLP STEVEN K. EISENBERG, Attorney for Plaintiff J:IANNE\SALES\CUMBERLAND\NOVASTAR. S 000A.9.06. DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term KAY L. SUCCA AND KENNETH A. SUCCA RE PREMISES: 3 REDWOOD COURT CAMP HILL PA 17011 Dear Sir or Madam: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on MARCH 7, 2007 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $173,315.94 plus interest thereon entered in the above matter in favor of plaintiff against the above- named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 12/7/2006 STERN D EISENBERG LLP BY-, STEVEN K. E NBERG, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\NOVASTAR. SUCCA.9.06. DOC 10-19-1596-075 ALL THAT CERTAIN tract or pa. _ _. of land and premises, situate, lying and bung 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 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. ?i C=` ?.' '? s _ ? ? '% ?- ..-? ..LL`" ?; : - L? f?-.:y ?? ? -? ?,,; .?- t 4" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term KAY L. SUCCA AND KENNETH A. SUCCA CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by certified mail, return receipt requested on December 7, 2006. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on December 7, 2006 as evidenced by copy of certificates of mailing attached. STERN AND EISENBERG LLP BY- VEN K. EISENBERG Attorney for Plaintiff 12/7/2006 3110 0004 m o n9 3m 3c 0 a a 2524 4950 a = o ?9 m Z ° c c m 0 m m m m W r hvILI c? = 0 7 cn O 2 7005 3110 0004 2524 4943 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: _ `i Ew LLP Attorneys at Lut°r The Pavilion \oN Jenkintown, PA 10046-3722 Cl) bit o T? We piece of ordina mail addr sad to: v s s fs PS Form 3817, Mar. 1,989 )QfWffrehA in stamp -ol rftt 'f postage an 4mso mdrk4dnquire c ,tpStmaster for currer fees X. "I ? sT z 9 .aIII 0? X, rr ON CD U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: 3TERN ez Ui3ENBERG L ?-L-ftON The Pavilion DEC One piece of ordinary .?' mail;akhoa , PA 19046-37 lk? ? zoos a/P ?. , ?Z411 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: SYERhI tIN??FiG L P-rio The avilion 261 Old Veilt R--' -f Jenkintown, PA 19046-37 r . 5, nAn?. One=piece of ordinary mail addressed to: Affix fee here in stamp o1'OnMdr'pc*tage an plrbt-?h&k. Inquire c Pbat6%;ter Jbr currer f(A. Jr CD { G I ?Y A I 910 I- w? co tTa, C:) Affix Velibr89n el)amp or mater -pWage an- post%dK.06ngyire o PostQ*er for curren fee. a Z Cum? sl NO rn M ry 00 * 0 Ln Ch 0 PS Form 3817, Mar. 1989 7005 r--a t? rn C! ? Y [y? 1.C7 .} i I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for Nova5tar Mortgage, Inc.: VS. : NO. 05-414 Civil Term KAY L. SUCCA AND KENNETH A. SUCCA CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by certified mail, return receipt requested on December 7, 2006 and received on December 9, 2006 as evidenced by copy of certified mail receipts and signed green cards attached. STERN AND EISENBERG LLP BY: STEVEN K. EIS BERG Attorney for Plaintiff 12/14/2006 "Cl N T --a w N ? Z O -.a C3 p g Ln n m 3 ` \- F' ? o ? A pp ?? N 8 G a . Poll lJ? p ?Sf 3 z 70 2524 4950 r r ' two col 0 loc 100 i VC, 10 ? m ? T_ (D C) W I 25*ay 4943 O A a ? p p -< 9 s s ? y '? ? m t Li ¦ ? o ?g% • ?Sr 7 N ^¢? CD ffmfl-m of o. N 3 0 ' ?° m om a . 'O 'O m m O °' /? t! a Z a OIL f 'a wri d ?Nr ? CD _ . , . c ri 71 co COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NOVASTAR MORTGAGE, INC. NO. 05-414 Civil Term VS. KAY L. SUCCA AND KENNETH A. SUCCA CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by certified mail, return receipt requested on March 5, 2007 and received by the Defendants on March 7, 2007 as evidenced by copy of certified mail receipts and signed green cards attached. STERN AND EISENBERG LLP STEVEN K. EISENBERG Attorney for Plaintiff 3/12/07 C 7006 2150 0003 8530 9805 map m i ME o a- ooa m ?. v m= mm 0 3a 3c m m m m m 01 (pT w m _ N 'goo a(. N N o s ¦ °Do-Uwn c -n N --:4 m ? m aD 3 vovr. v • m7 ca W 2 c _ a` ? o S • ? ?3S y ,n qqy ? w m SA' 3 Er. - m N Q ? m y a CL o m F N m Q - 7 N C@L CL a I * p AO 1I ' y E*r O O ma O C3 M ?1- r-:2 , ..c E = 3F: m 0 • C3 Q' p Er ?' a - C> ID CD L-i L C) C! I m C3 O m Q c3 m o • c M 0 m O a W ? ? 370 ? 0 rL Z N W FL ca m y CD < W Ln Ln m W ? m O bo If CL In ? $ 3 0' m I ? $ ? k 3 ?? ?b ?l o m 3 0 N c Q ?. m ? N g 7006 2150 0003 8530 9799 y o? o? x o zi N3 n N 3s ^D m N? CD x ?o m? •?`` T ?'Z t5 a a0i am 'n a nN ?.m m N . m N ww" m ° m ? f c CL a $ ?N m ? X7m =wpm ?.3 v 3 n ^ /Y /J o =w yQ=020 d N S r zrj CD (D < T ( a 0 0 CL ? 7?- ? iii •? W ? l 1 ?O - QO y -.w O y m - j? Zt? . K 7 F: m m CD m P M 00 w g T _ 1 ??? f 0 9 0 03 I 9 ? ? ? " r: -7 l ?a ?` i ? ?, ?? t, . ? _ , t? .-- ? ° ? j ° - 7? ..- J „'` '~? i t :?? =? MERS, as nominee for NovaStar Mortgage, Inc. VS Kay L. Succa and Kenneth A. Succa In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-414 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made diligent search and inquiry for the within named defendants, to wit: Kay L. Succa and Kenneth A. Succa, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND, as to the defendants, Kay L. Succa and Kenneth A. Succa. Defendants have moved, but left no forwarding address with the post office. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1300 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 Kay L. Succa and Kenneth A. Succa located at 3 Redwood Court, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Steven K. Eisenberg. Sheriff s Costs: Docketing Poundage Advertising Posting Bills Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale Law Journal Patriot News 30.00 20.16 15.00 15.00 .50 1.00 26.40 2.61 15.00 30.00 20.00 431.00 404.66 Share of Bills 16.83 $1028.16 So Answers: R. Thomas Kline, Sheriff BYE Real Estat ergeant cl?. s q aa. `T COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term KAY L. SUCCA AND KENNETH A. SUCCA AFFIDAVIT PURSUANT TO RULE 3129.1 STEVEN K. EISENBERG, 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 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: NIA 4. Name and address of the last recorded holder of every mortgage of record: N/A J:\ANNE\SALES\CUMBERLAND\NOVASTAR.S000A.9.06. DOC 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: 9/27/2006 STERN AND EISENBERG LLP BY: ?- EVEN K. EISENBERG, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLANDW OVASTAR.S000A.9.06.DOC 0 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 . D. #75736 MFRS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term 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 Sheriffs Sale on MARCH 7, 2007 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $173,315.94 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 Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Eisenberg 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 Eisenberg, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\ANNE\SALES\CUMBERLAND\NOVASTAR.S000A.9.06. DOC .J You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg, telephone (215) 572- 8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal-proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 J:\ANNE\SALES\CUMBERLAND\NOVASTAR.S UCCA.9.06. DOC V COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 MERS, as nominee for NovaStar Mortgage, Inc.: VS. : NO. 05-414 Civil Term KAY L. SUCCA AND KENNETH A. SUCCA RE PREMISES: 3 REDWOOD COURT, CAMP HILL, PA 17011 Dear Sir or Madam: Piease_be advised that. I_ represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on MARCH 7, 2007 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $173,315.94 plus interest thereon entered in the above matter in favor of plaintiff against the above- named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 9/27/2006 STERN EISENBERG LLP BY: - STEVEN K. EISENBERG, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\NOVASTAR.S000A.9.06. DOC ?..... v. aai yyJv\.1\ll 11V1`I 10-19-1596-075 ALL THAT CERTAIN tract or pa, of land and premises, situate, lying and bt,ng 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 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. 7unkins, 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-414 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 gamishee(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 $173,315.94 L.L. $.50 Interest FROM 9/27/06 AT THE PER DIEM RATE OF $30.42 UNTIL JUDGMENT IS PAID IN FULL Atty's Comm % Due Prothy $1.00 Atty Paid $136.36 Other Costs Plaintiff Paid Date: OCTOBER 6, 2006 (Seal) Curti . Long, Pr otary By: Deputy REQUESTING PARTY: Name STEVEN K. EISENBERG, ESQUIRE Address: THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 C5:?- Real Estate Sale # 34 On November 6, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 3 Redwood Court, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 6, 2006 By: j6C.? 5??-`?t Real Estate Sergeant E Z I I V 9 Z 1 j® 900Z W IF c. ;he patriot-News Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-6237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL Date Description Sale # Size Rate Net Cost Of Ad 01/24/07 Sheriff Sale 34 9.58 $14.01 $ 134.22 01/31/07 Sheriff Sale 34 9.58 $14.01 $ 134.22 02/07/07 Sheriff Sale 34 9.58 $14.01 $ 134.22 Notary Fee I I I I I 1 $2.00 TOTAL DUE FOR THIS SALE: $ 404.66 JLC 1 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#34 ? ?r?, ?tCILr` BAI,i t1M14 ? IE11?, +M ? M?a?hr ? V^n' so" mid c. 1 PIM ? 10-MJ??i?tS ALL U W CHMIN ar Paton of 1'd ad pea, 86eao, nod hdim is tie dCeay Go.batud : aaat Of peamo on paficwKiy Andbw s< MIME ) l(i ata poet a the sooftb tin of peomd COW % a 50 fot a* eiokakm' rid point d bnobMim is icealed ad IK14 hd it r =0* #PAaa frog the ittataar" d at -gully, ` of Radwod Cart aaai dt NOW* `aeaf Mm* Imt go ,,& 50 toot wdide g40da4,v* aid AM eid p W pF ht "09 kaho l COd at tbeiakoloaitrrtaf ?d', Cart 01 6, 1ai6t I!ioa i0 k 71 os 47 d-AMi.bae+e at .................................................. Sworn to and s s ie ore me this 26th day of February 2007 A. COMMONWEALTH OF PENNSYLVA IA Notarial Seal Public Terry L. Russell Notary arty Of,Narrisb auphln County My C yss pires June 6, 2010 Z'J ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 34 Writ No. 2005-414 Ctvil MERS, as nominee for NovaStar Mortgage. Inc. vs. Kay L. Succa and Kenneth A. Succa Atty.: Steven Eisenberg LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumber- land and Commonwealth of Penn- sylvania, more particularly de- scribed as follows: BEGINNING at a point on the southerly line of Redwood Court, a <_ Z? F r isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009