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Home My WebLink About14-1750 r 7 ' Supreme Coll-' ennsylvania COUP o Como leas For Prothonotary Use Only: T C91 1I� 6 r 5�1 _ et � ._1 Docket No: �. 1 l/P Cu Berland °` County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by low or rules of court. Commencement of Action: S F1 Complaint 0 Writ of Summons ❑ Petition 0 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Deutsche Bank National Trust Company, et al Chris Emory I Are money damages requested? ER Yes 0_1 No Dollar Amount Requested: Owithin arbitration limits (check one) El outside arbitration limits O N Is this a Class Action Suit? La Yes 7x_ No Is this an MDJAppeal? Yes a No A Name of Plaintiff /Appellant's Atterneyi --^•A Trny Redman 0 Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS i Intentional I-1 Buyer Plaintiff Administrative Agencies Malicious Prosecution n Debt Collection: Credit Card I.' Board of Assessment 0 Motor Vehicle 1i Debt Collection: Other h Board of Elections 0 Nuisance L- Dept. of Transportation J Premises Liability 0 Statutory Appeal: Other S ❑ Product Liability (does not include _I Employment Dispute: ass tort) E m 0 Slander /Libel/ Defamation Discrimination C l Other: M0 Employment Dispute: Other 0 Zoning Board T Other: I n[_1 Other: O MASS TORT Asbestos N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS © Toxic Waste 0 Ejectment Cl Common Law /Statutory Arbitration B 7 Other: 0 Eminent Domain /Condemnation C Declaratory Judgment 0 Ground Rent ❑ Mandamus LJ Landlord /Tenant Dispute ❑ Non - Domestic Relations z Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY !J Mortgage Foreclosure: Commercial 0 Quo Warranto El Dental i Partition - Replevin 0 Legal i`l Quiet Title El Other: Medical 0 Other: LJ Other Professional: Updated 1/1/2011 STEVEN K. EN ENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) E :` � ` � t i °l?y;rj0 T,,", LESLIE J. RASE EsQuaE (5836 ) Lu �T i CHRISTINA C. VIOLA, ESQUIRE 308909 Ti 4 i t ANDREw J. MARLEY, ESQUIRE (3123 14) �!f r ,' STERN & EISENBERQ PC 11 3E L 'r'LVA N 1A 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON, PA 18976 TELEPHONE: (215) 572 -8111 F ACSIMIL E: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee Civil Action Number: for NovaStar Mortgage Funding Trust, Series 2006 -4 NovaStar Home Equity Loan Asset - Backed Certificates, Series 2006-4, by its servicer Ocwen Loan Servicing, LLC 1661 Worthington Road Suite 100 Complaint in Mortgage orecl sure West Palm Beach, FL 33409 �� (Plaintiff) V. Chris Emory . 305 E Orange St Shippensburg, PA 17257 -2007 (Defendant(s)) 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 othe S claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. C � M 1 �S aft A YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 STEVEN K. EISEN.B.ERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MA.RLEY, ESQUIRE (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON, PA 1 8976 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee Civil Action Number: for NovaStar Mortgage Funding Trust, Series 2006 -4 NovaStar Home Equity Loan Asset - Backed Certificates, Series 2006-4, by its servicer Ocwen. Loan Servicing, LLC 1661 Worthington Road Suite 100 Complaint in Mortgage Foreclosure West Palm Beach, FL 33409 (Plaintiff) V. Chris Emory 305 E Orange St Shippensburg, PA 17257 -2007 (Defend CIVIL ACTION — MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend Le han demandado a usted en la corte. Si usted against the claims set forth in the following pages, quiere defenderse de estas demandas expuestas en las you must take action within twenty (20) days after paginas siguientes, usted tiene veinte (20) dias de this complaint and notice are served by entering a plazo al partir de la fecha de la demanda y la written appearance personally or by attorney and notificacion. Hace falta asentar una comparencia filing in writing with the court your defenses or escrita o en persona o con un abogado y entregar a la objections to the claims set forth against you. You corte en forma escrita sus defensas o sus objeciones a are warned that if you fail to do so the case may las demandas en contra de su persona. Sea avisado proceed without you and a judgment may be entered que si usted no se defiende, la corte tomara medidas against you by the court without further notice for y puede continuar la demanda en contra suya sin any money claimed in the complaint or for any other previo aviso o notificacion. Ademas, la corte puede claim or relief requested by the plaintiff. You may decidir a favor del demandante y requiere que usted lose money or property or other rights important to cumpla con todas ]as provisiones de esta demanda. you. Usted puede perder dinero o sus propiedades u otros derechos ixnportantes para usted. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A Lleva esta demanda a un abogado irunediatamente. LAWYER, OR CANNOT AFFORD ONE, GO TO Si no tiene abogado o si no tiene el dinero suficiente OR TELEPHONE THE OFFICE SET FORTH de pagar tal servicio, vaya en persona o Name por BELOW TO FIND OUT WHERE YOU CAN GET telefono a la oficina cuya direccion se encuentra LEGAL HELP. THIS OFFICE CAN PROVIDE escrita abajo para averiguar donde se puede YOU WITH INFORMATION ABOUT HIRING A i conseguir asistencia legal. LAWYER. IF YOU CANNOTAFFORD TO HIREA LAWYER, THIS OFFICE MAYBEABLE TO PROVIDE YOU WITHINFORALMONABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA REDUCED FEE OR NO FEE Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 7 NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 letter, this firm will obtain and provide you with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE (OR OTHER SECURED OBLIGATION) AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY (SECURED PROPERTY). STEVEN K. EISENBER.G, ESQUIRE (75736) M. TROD` FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, EsQuiRE (308909) ANDREw J. MARLEY, ESQUIRE (312314) STERN & EISENBERQ PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON, PA 1 8976 TELEPHONE: (2151572-8 111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank National Trust Company, as Trustee Civil Action Number: for NovaStar Mortgage Funding Trust, Series 2006 -4 NovaStar Home Equity Loan Asset - Backed Certificates, Series 2006-4, by its servicer Ocwen Loan Servicing, LLC Complaint in Mortgage Foreclosure 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 (Plaintiff) V. Chris Emory 305 E Orange St Shippensburg, PA 17257 -2007 (Defendant(s)) COMPLAINT CIVIL ACTION — MORTGAGE FORECLOSURE 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006 -4 NovaStar Home Equity Loan Asset - Backed Certificates, Series 2006 -4, by its servicer Ocwen Loan Servicing, LLC (hereinafter referred to as "Deutsche Bank National Trust Company, as Trustee ") with offices located at 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. 2. Defendant, Chris Emory, adult individual with a last - known address of 305 E Orange St, Shippensburg, PA 17257 -2007. 3. Under the date of 06/06/2006, defendant, Chris Emory, executed and delivered to MERS, Inc. as nominee for Novastar Mortgage, Inc. a mortgage upon the property 305 East Orange St, Shippensburg, PA 17257 (the "Property ") to secure the payment of the sum of $133,950.00. The said mortgage is recorded in the Office for the Recorder of Deeds in and for Cumberland County on 06/19/2006, at Book 1955, Page 885, and is incorporated herein by reference as though set forth at length herein. A true and accurate copy of said Mortgage is attached hereto and made a part hereof as Exhibit "A ". 4. An assignment transferring the mortgage originally with MERS, Inc. as nominee for Novastar Mortgage, Inc. (Originating Lender) to Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006 -4 NovaStar Home Equity Loan Asset - Backed Certificates, Series 2006 -4, was duly recorded on 10/25/2012, Instrument #201233035, Cumberland County, Pennsylvania. 5. Defendant, Chris Emory, is the real owners of Property 305 East Orange St, Shippensburg, PA 17257. 6. In accordance with Pennsylvania law, the required pre - foreclosure notice (under Act 91 /Act 6 as may be applicable), was sent to the defendant(s) and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto, made a part hereof, and marked as Exhibit `B ". 7. The said loan is in default as a result of the failure to pay the monthly installment of $1,20531 due on 07/01/2011 and each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE: .................................................................. $129,612.39 INTEREST TO THE DATE OF 02/07/2014 (CURRENTLY A PER DIEM OF $ 37. 08) ......... ............................... $35,822.82 ESCROW ADVANCES: .............................................. .................... $3,124.91 BPOS/ APPRAISALS :........................................ ............................... $1,268.00 PROPERTY INSPECTION: ............................ ................................ $210.00 TITLECOSTS: ................................................................................. $300.00 OTHER CHARGES: (MISCELLANEOUS (REO)) ......................... $12.00 FORECLOSURE COSTS: ................................ ............................... $95.00 FORECLOSUREFEES :.................................... ............................... $100.00 LATE CHARGES ACCRUED THRU 02/07/2014 OF: ................... $1,024.54 (LATE CHARGES AFTER 02/07/2014 SHALL ACCRUE AT THE MONTHLY RATE OF $60.27) TOTAL DUE: ................................................................................... $ 171,569.66 Attorney fees and costs are allowed in conformity with the mortgage documents and Pennsylvania law, and Plaintiff reserves the right to recover these amounts incurred, and to be incurred, in bringing and maintaining this action. WHEREFORE; Ptaffit ff, Deutsche Bank National Trust Company, as Trustee, requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property in the sum of $ 171,569.66 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts that accrue, including but not limited to attorney fees and costs, over the course of the instant matter and for the foreclosure and sale of the mortgaged property. rse of the instant matter until judgment is paid in full and to which Plaintiff is entitled to recover. Respectfully ub i - d: By: �. - M. troy Freedman, Esq. tern & Eisenberg, PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 Phone: (215) 572 -8111 Facsimile: (215) 572 -5025 Bar Number: 85165 tfreedman @sterneisenberg.com Date: � � q 1 �J Re: Chris Emory, t05 E t Orange St, Shippensburg, PA 17257 XXXXXX9954 VERIFICATION I, the undersigned, Lori Ann Dasch , of Ocwen Loan Servicing, LLC ( "Ocwen "), the duly authorized servicing agent for Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006 -4 NovaStar Home Equity Loan Asset - Backed Certificates, Series 2006 -4 , am authorized to make this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and/or based upon public record, this verification is based upon a review of the business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiffs behalf. In making this verification, I understand that it is a crime under 18 Pa.C.S. Section 4904 to snake a written statement to a public servant, or to invite a p lie sery s eliance upon a written statement or instrument, which I do not believe to be true or which be se. N e: Lori Ann Dasch C"I.I/Title: Authorized Signer Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006 -4 NovaStar Home Equity Loan Asset - Backed Certificates, Series 2006 -4 , by its servicer Ocwen Loan Servicing, LLC } "1 �7 Madison SeUlernent Services 946 Lincoln Way East Chambersburg, PA 17201 ('05 JUN 19 Fill 9 52 This Instrument Prepared By: After Recording Return To: NOVASTAR MORTGAGE INC. 6200 OAK TREE BLV15. THIRD FLOOR INDEPENDENCE, OHIO 44131 Loan Number: 06- 681429 Uniform Parcel Identifier Number: Property Address. 305 EAST ORANGE ST SHIPPENSBURG, PENNSYLVANIA 17257 [Space Above nMs Lice For Recording Octal MORTGAGE MIN: 100080190057422503 DEFINITIONS Words used in multiple sections of this document are defined below and od wr words are defined In Sections 3, 11, 13, 18, 20 and 21. Certain iaies regarding the usage of words used In this doauoat are also provided in Section 16. (A) "Security Insbrament" means this document, which b dared JUNE 6, 2006 , together with all Riders to this document. (B) "Borrower" ls CHRIS EMORY, A SINGLE MAN Borrower is the mortgagor under this Sec=ity bsstrumemt. (C) "MERS" is Mortgage Eleetrordc Registration Systems, Inc. MERS is a separate eorporatim that is acting solely as a nominee for Lender and Leader's successors and assigns. MERS is the wortgagee under dds Security %str meat. MFRS b organlzed and exis ft under *e laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MFRS. PENNSYLVANIA —Si Farm Fanr" Mae/Fraddis MSC r1%RM INSTRUMENT - MERS Form 3039 01/01 Pay. 1 of 17 wwrr disae earn E IBIT (D) "Leader" is NOVASTAR MORTGAGE, INC. Lender Is a CORPORATION otganized and wdsiting under the laws of VIRGINIA Lender's address is 6200 OAK TREE BLVD. THIRD FLOOR, INDEPENDENCE, OHIO 44131 (L) "Note" means the promissory note signed by Borrower and dated JUNE 6, 2006 The Note states that Borrower owns Leader ONE HUNDRED THIRTY -THREE THOUSAND NINE HUNDRED FIFTY AND 00/100 Dollars (U.S. $ 133, 950. 0 0 ) plus Interest. Borrower bas promised to pay this debt In regular Periodic Payments and to pay the debt in full not later titan JUNE 1, 2036 (F) "Property" means the property that is described below mtder the heading "Transfer of Rights In the Property." (G) "Learn" mesas the debt evidenced by the Note. plus interest, any prepayment charges and late charges due under the Note. and all suns due under this Secwity Instrument, plus interest. (H) "Rl den" mans all Riders to this Security ImMument flat are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Planned Unit Development Rider ❑ Balloon Rider ❑ Biwa, Payment Rider ❑ 1 -4 Family Rider ❑ Second Home Rider ❑ Condominium Rider ® Otler(s) [spectfyl PREPAYMENT RIDER TO SECURITY INST M "Applicable Law" imam all controlling applicable federal, state and local statutes, regulation, ordliwm and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable Judicial opinions. (n "Commmakjr AssodaUoo Dues, Fees, and A»e wsom s" means an dues. fees, assessments and other charges that are imposed on Borrower or the Property by a coadomialmn association. homeowners assocation or similar organization. (19 "Elecbvmic Ruda Tram" means any transfer of finds. other flan a tramactiaa origIn by check, draft, or similar paper instrument, which is initiated through an electr+odc terminal. telephonic instrument, compute., or magnetic tape $o as to order, iO3truc1, or authorize a financial institution to debH or credit an account. Such term Includes. but is not limited to, point- of-aak handers, automated teller machim transactions. treaders Wanted by telephone. wire tramfers, and automated dearingboase transfers. (L) "F.scrww Reins" mans those items that are described in Section 3. (M) "ban"n"s )Lrooeeda" means any compensation, - attlement, award of damages, or proceeds paid by any third party (other than hisivance proceeds paid under the coverages described in Sectim 5) far: (i) damage to. or PENNSYLVANIA –S Fon ily Fair" MadFr*ddi* Muc UNIFORM INSTRUMENT - MERS Form 3039 01/01 P"s 2 of 17 M'— .core destruction of, the Property (ti) condemnation or other btbng of aA or any part of the Property (no conveyance in flea of condemnation: or (iv) misrepresestatim of, or omltaionf as to. the value and/or condition of the Property. (N) "MwWV " mean insurance prowcting Leader opigg the noapayment of or default on, The 'Lon. (0) "P"'Wk Paylluent" mesas the regularly scheduled amomut due for (i) prWPal and interest under the Note, Phu (ii) any amounts under Section 3 of this Seaaity bstramem. (P) "RESPA ". means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) sad its impiemrring regabdon, Regulation X (24 C.F.R. Part 3500), as they m4k be aoaeoded from time to time, or any additional or successor legislation or.regalation that governs the some subject matter. As used in this Secm* Instrument, "RESPA" refers to all regairements and restrictions dent are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortge loan" under RESPA. (Q) "Swcesaor to Int"est of Borrower" mums any party that has taken title to the Property, wbetber or not that Par'h' here assumed Borrower's obligations under the Note and/or das Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instnrment secures to Lender: (n the repayment of the Loan, and all renewals. exteasioat erect modifications of the Note: and (ii) the performance of Borrower's covenants sod agreements under this Security Instrument and the Note. For this purpose, Borrows does bereby mortgage, X MR1 and convey to hCM (soldy as nominee for Lender and Gender's successors and assigns) and to the saccra m and assigns of NfM the following described property located in the COUNTY of CUMBERLAND f rype of R-ordinB labb;donl 1N— of Reewdhq .lorbMalml SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. (STATE: VIRGINIA, COUNTY: CUMBERLAND) which currently has the address of 305 EAST ORANGE ST [mil SHIPPENSBURG Pennsylvania 17257 ( "Property Address "): Icay) 17Jp Codel TOGETHER WJ H all the imlaavemerds now or hereafter erected on the property, and all easements, appurtenances, and ftcures now or hereafter a part of the property. All rop�oents and additions shall also be covered by this Security Instrument. All of the foregofag is referred to in this Security Instrument as the "Property." Borrower understands and agrees that IERS bolds only legal title to the iateiem granted by Borrower In this Security Instrument, but, if neceuary to comply with law or custom, bWAS (as nominee for Lender and Lender's successors NW assigns) has the right: to exercise any or all of those interests, including, but not limited to. the right to foreclose PENNSYLVANIAdle M+c U k Family F CoeMNieditn oo sdoa�s r�eQ araw aa�/Fnrldie NINIFbRM INSTRUMENT - MERS Form 3039 01/01 Page 3 or 17 r'wMCdbenu�yrGOewr W-1 - 5,51%0.817 and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this security lashmneet. BORROWER COVENANT'S that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and thal the Property is unencumbered, except for eacumbranees of record. Borrower warrants and will defend generally the tide to the Property against all cldmt and demands, sub#ect to any encumbrance of record. THIS SECURITY INSTRU1 EW comblaes odform covenants for aatioad use and non- unfform covenants with limited variations by Jurisdiction to conmadhlte a umfform security instrument covering meal Property. UNIFORM COVENANTS. Borrower and Lewder covennat and agree as follows: 1. Payment of principal. Interest, Escrow Item, Prepayastat Charges. and Late Charges. Borrower shall pay when due the principal of, and Interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay fiords for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made is U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Leader unpaid'. Lender may require that arty or all subsequent payments doe under the Note and ells Security Instrument be made in one or more of the following forms, as selected by Leader: (a) ash; (b) money order; (c) ca dl ed check. bank check, tr�mrar's check or c check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, Instrumentality, or endly; or (d) Electronic Funds Transfer. Payments are deemed received by Lender robes received at the location deft nted in the Note of at such other location as may be designated by Leader in accordance with the notice provisions in Section 15. Leader may return any payment or partial payment if the payment or partial payments are i>nam>dent to bring the Loan current. Lender may accept any payment or partial payment tat to bring the Loan current. without waiver of any rights hereunder or prejudice to its rights to refine such payment or partW payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled doe date, then Lender need not pay Interest on unapplied f nods. Lender may hold such unapphied funds until Borrower maJres payment to bring the Loan curnmt. U Borrower does not do so within a reasonable period of time, Lender shall either apply such finds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Leader shall relieve Borrower from waking payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. t. Application of Payments or Proceeds. Except as otherwise described in this Section 2. all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal doe under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment In the order In which It became doe. Any remaining amounts shall be applied &at to late charges, second to nay other amounts due under this Security Instrumett, and then to reduce the principal balance of the Note. If Lender. receives a payment from Borrower for a deWgoeat Periodic Payment which lndndes a suMcleat amount to'psy any late charge due. time payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Leader may apply any payment received from Borrower to the repaym o nt of the Periodic Payments if. and to the extent that, each payment an be paid in fmB. To the extent that off excess exists after the payment is applied to the &M payment of one or more Periodic Payments, such excess may PENNSYLVANMA— Sr"�1s I" DOCUR kdobwmr W0440-136Z FsrwAe MawJFie*M Ntae UNIFORM INSTRUMENT - MERS *ww.d cx w9kAxn+ Form 3039 01!01 Page 4 or 17 be applied to any late charges due. Voluntary prepayments shall be applied first to any prepaymenrt charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal doe under the Note shall not extend or postpone the due date, or change the amount. of the Periodic Payments. 3. Funds for F.mvw Items. Borrower shall pay to Lender on the day Periodic Paymea# are doe under the Note, until the Note is paid in full, a sum ( the "Funds') to provide for payment of amounts due for: (a) taxes and anessments and other Items which can athkt priority over this Security Instrument as a lien or encumbrance on the Properly; (b) leasehold payments or ground rents on the Property, If any; (c) premium for any and all Insurance required by Leader under Section 5; and (d) MoMM Iastowice premiunss, If any, or any suns payable by Borrower to Leader in lien of the payment of Mortgage Insarance premiums to accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time doing the term of the Loan. Leader may require that Community Association Dues.. Fees, and Assessments, if any, be escrowed by Borrower, and such does, fees and assessments shall be an Escrow Item. Borrower shall promptly fmnisli to Leader all notices of amounts to be paid under this Section. Borrower shop pay Leader the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Iteras at any time. Any such waiver may onhy be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for nay Escrow Items for which payment of Funds has been waived by Lender and. if Leader requires. shall furnish to Leader reodpfs "Mwchig such payment within such time period as Leader may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the plume " covenant and agreement Is used in Section 9. U Borrower Is obligated to pay Escrow Item directly, pursuant to a waiver. and Borrower fails to pay the amount due for an Escrow Item. Leader may exercise Its rights under Section 9 and pay such amount and Borrower shag then be obligated under Section 9 to repay to Leader any snob amount. Lender Wray revoke the waiver as to any or all Escrow Items at any tune by a notice given in accordance with Section 15 and, upon such revocation. Borrower shall pay to Lender all Funds, and to sad amounts, that are then required under this Section 3. Lender may. at any time, collect and hold Funds in as amount (a) to permit Lender to apply the Funds at the tine specified under RESPA, and (b) not to exceed the maximum amount a lender can require miler RESPA. Lender shop esdmate the amount of Fonds due on the basis of current data and reagom ble estimates of expenditures of f cure Escrow Items or odierwise In accordance with Applicable Law. The Funds shall be held in an Imdiation whose deposits are insured by a federal agency, instrumentality, or entity Gael ding Leader. If Lender Is an imithdon whose deposits are so insured) or in any Federal Hoene Loan Bank. Larder shall apply the Funds to pay the Escrow Ilene e no Inter than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Foods, annually analyzing the escrow account, or verifying the Escrow Items. unless Lender pays Borrower interest on the Funds and Applicable Law permits Leader to make such a charge. Unless an agreement is made In writing or Applicable Law requires Interest to be paid on tee Funds. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing. however, that interest shall be paid on the Funds. Lender shall give to Borrower, witlioat charge. an annual accounting of the Funds as required by RESPA. If there is a surllas of Funds held in escrow, as dented under RESPA, Leader shop account to Borrower for the excess funds In accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lacier the amount necessary to make op the shortage In accordance with RESPA, but In no more than 12 monthly payments. If there is a deficiency of PENNSYLVANIA --S F � r auvae -m2 Fannie KinWneddie Mac UNIFORM INSTRUMENT - MERS wep►rraaaapG rnrrn Form 3039 01/01 Pager 5 of 17 Q�E Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the deficiency is accordance with RESPA, but In no more than 12 mouldy payments. Upon payment in fall of all sums secured by this Security hu4nuawt, Lender shall promptly refund to Borrower any Funds held by Lender. f. Charges; Liens. Borrower shall pay all taxes, auk, charges, fines, and impositions attributable to the Property which can attain priority over this Secm* Lutrament, leaseMid payments or ground rears on the Property, If any, and Coasnnmity Association Does, Fees, and Assessments, if arty. To the extent that these items are Escrow Items, Borrower shall pay them In the manner provided in Section 3. Borrower shall promptly discharge any lien whicb has prlorlty over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the Ben in a moaner acceptable to Lander, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by..or defends against enforcement of the den in, legal proceedings which in Leader's opium operate to prevent the enforcement of the Ben while those proexedirugs are pending. but only until sock proceedings ace concluded; or (c) secures from the bolder of the lien an agreement sadshdory to Lender subordinating the den to this Security hak aeut. If Leader determines that any pair of the Property Is subject to a lien which an attain priori over this Security Instrument, Lender may give Borrower a notice Identifying the lien. Within 10 days of the date on which that notice Is givm. Borrower shall satisfy the Bea or take one or more of the actions set forth above in this Section 4. Lander may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property issued against loss by fire, hazards included within the term "extended coverage." and any Aer hazards including, but not limited to, earthquakes and floods, for which Lead r requires insurance. This imuance shat) be maintained In the amounts (Including deductible levels) and for the perms that Leader requires. What Leader requires pursuant to the preceding sentences an change daring the term of &e Loan. The losmwce carrier providing the insurance shall be chosen by Borrower subject to Lender's right to dhapp wen Borrower's choice, which right shall not be exercised mreasonably. Lander my require Borrower to pay. in connection with this Loon, either. (a) a one- time dw r for food zone: determination, certification and tracking services; or (b) a one -time charge for flood zone determhollon and cal atlon services and subecgoeat charges each time remappings or sins changes occur which reasonably might affect such determination or certi icadon. Borrower sball also be responsible for the payment of any fees imposed by the Federal Emergency Managemmt Agency In connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fags to maintain any of the coverages described above, Leader may obtain insurance coverage. at Lender's option and Borrower's expense. Leader is under no obligation to purchase any pratlahur type or amount of coverage. 'Therefore, such coverage shall cover Leander, but might or night not protect Borrower. Borrower's dimity in the Property, or the contents of the Property. against any rink. hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might signddcandy exceed the cost of insurance that Borrower a ndd have obtained. Any aaouots disbursed by Leader under this Sectloa 5 shall become additional debt of Borrower secured by this Security lasaw. new. These amounts shall bear interest at the Note rate dram the elate of tlisbarsem>ent and shall be paynbk, with such interest, upon notice from Lender to Borrower requesting payment. All insurance politics required by Lander and renewals of such polities stall be subject to Leader's right to disapprove such policies. shall Include a standard mortgage chose, and shall name Lender as mortgagee and/or as an PENNSYLVANIA —Sig Fsrr�y Docatbprals>ervrroa r }r3sz Fou Mae/Fredde Mac IFbi�A INSTRUMENT - MERS WN CVM Form 3039 01 /01 Page 6 of 17 C ,.. 6 1 55 PG 0 -8 -50 additional loss payee. Lender shall l save the right to hold the policies and renewal certificates. If Leader requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. if Borrower obtains any form of insurance coverage, not otherwise cecrdred by Leader. for damage to, or destruction of, the Property, such pocky shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss ee ln the event of loss, Borrower shall give prompt notice to the insaraace carrier and Lender. Leader may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing. nay Insurance proceeds, whether or not the underlying himraoce was required by Leader, shall be applied to restoration or repair of the Property, if the retoration or repair is economically feasible and Lender's security s not lessened. Daring such repair and restoration period. Lender skill have the right to bold such insurance proceeds until Lender has had as opportunity to inspect such Property to ensme the work has been completed to Leader's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the m7al s and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement Is made In writing or Applicable Law requires interest to be paid on such hwounce proceeds, lender shall not be required to pay Borrower any interest or earnings on sack proceeds. Fees for public u rs, or other third parties, retained by Borrower shall not be paid oat of the Insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened. the hm raoce proceeds shah be applied to the stuns sensed by this Security lrstr umeot, whether or not thin due, with the excess. if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for In Section 2. If Borrower abandons the Property, Leader may file, negotiate and settle any available insurance claim and rein" matters. If Borrower does not respond wilt 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim- The 30-day period will begin when the notice is given. In either event, or if Leader acquires the Property under Section 22 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amaumts unpaid under the dote or this Sedgy Instrument, and (b) eery other of Borrower's rights (other than the right to any refund of unearned premieres paid by Borrower) under all insurance policies coveting the Property. insofar as such rights are applicable to the coverage of the Property. Limier may we the insurance proceeds eider to relwk or restore the Property or to pry amounts unpaid raider the Note at this Security Instrument. whether or not them due. B. Occupancy. Borrower shall occupy, establish, and we the Property as Borrower's principal residence within 60 days after the execution of this Severity Instrument and shall coadme to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, wlem Leader otherwise agrees to writing, which consent shall not be unreasonably withheld, or unless exwnuating ciram sunces waist which are beyond Borrower's control. T. preservation, Maintenance and Protection of the property; Itunpetio s. Borrower shalt not destroy, damage or impair the Property. allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detecrmlaed pursuant to Section S that repair or restoration is not economically Peas"., Borrower shall promptly repair the Property If damaged to avoid farther deterioration or damage. If insurance or coodeanation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Leader has released proceeds for such purposes. Lender may disburse proceeds for the repetrs and restoration In a single payment or in a series of progress payments as the work is completed. if the insurance or condemnation proceeds are not sufficient P DoeaMQle!!'DRavre�N Wm."s -rim Fans 303901 01 ~� F UN INSTRUMENT - ME WW of 17 wW � C—F_ K:1`955'PG0891 to repair or restore the Property, Borrower'ls not relieved of Borrower's obligation for the completion of such repair or restoration. Leader or its agent may make reasonable entries upon and Inspections of the Property. If it has reasonable chose, Lender may inspect the betedw of the Improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an Interior inspection specifying such ressooable caux. S. Borrarver's Law Application. Borrower shah/ be In "a] if, during the Loam application process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or Inaccurate Information or staiemests to Lender (or faW to provide Lender with material Wormhation) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. S. Protection of Lender's Lterest In the Prop" and Ruts Under dds Security LubuwtaL If (a) Borrower fails to perform the covenants and appreeasehts contakW is this Security lnstrwoeni. (b) there is a legal proceeding that might significantly affect Larder's interest in the Property and/or rights under this Security Instrument (such as a proceeding to bankruptcy, probate, for coademnadom or foiNture, for enforcement of a lies which may attain priority aver this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, them Lender may do and pay for whatever is reason" or appropriate to protect Leader's Its in the Property and rights under this Security Instrument, including protecting and/or assesaiog the value of the Properly, and serring.amd/or repairing the Property. Leader's actions an tacade, but are not lhdted to: (a) paying any sums secured by a lien which has priority over this Security last inmeet; (b) appearing in court: and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrurment, including its secured position in a bankruptcy proceeding. Securing the Property includes. bat Is not Waited to, entering the Property to make repairs. change locks, replace or board up doors and windows, drain water from pipes. eliminate building or other code violations or dangerous conditions, sad horve uglftles tanned on or off. Abbe gh Leader may take action under this Section 9, Lender does not have to do so and Is not andw any duty or obligation to do so. It Is agreed that L ender incurs no Uability for not taking any or all actions authortvW under this Section 9. Any amounts disbursed by Leader under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. 'These amounts shag bear Merest at the Nose rate fix on the date of disbursement and shall be payable, with such interest, upon noitltx from Leader to Borrower requesting payment. If this Security Insbumeat is on a leasebold, Borrower shall comply with all the provisions of the low. If Borrower acquires fee tide to the Property. the leasehold and the fee title sittoll -not merge unless Leader agrees to the merger in writing. 10. Marigabe Insur sam. If Lender required Mortgage Insurance as a condition of making the Loam, Borrower SW pry the premiums required to maintain the Mor4W Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage tanner that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Inswance, Borrower shall pay the premiums; requi nd so obtain coverage substantially equivalent to the Mortgage Insurance previously In effect, at a cost substmtWty equivalent to the coat to Borrower of the Mortgage Insurance previously In effect, from an ahenwe mortgauge insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage pas not available, Borrower shall continue to pay to Leader the amonnt of the aeparasely desipated payments that were doe when the insurance coverage ceased to be In effect. Leader will accept, use and retain these payments as a non - refundable loss reserve In lieu of Mortgage Insurance. Sod loss reserve shall be non - refundable. notwilhslanding the fact that the Loan Is ultimately paid in fall, and Lender shall not be required to pay Borrower any Interest or earnings on such loss reserve. Lender an no longer regafre toes reserve payments if Mortgage Insurance PENNSYLVANIA—$hob Famil DocYA1e@imva aoo+u.rw FannIo MaWFndde Mac UNIFORM INSTRUMENT - MRS N,N t,,dncsr�gae,s�r Form 3039 01/01 Page 8 of 17 K ."I 9-5-5-A'089 2 overage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes avail able, Is obtained, and Leader requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Lou and Borrower was required to make separately designated payments toward the pr+emiam for Mortgage Insurance, Borrower $ball pa y the premium required to maintain Mortgage Insurance in effect, or to provide a noes -refs daMe krss reserve. until Lender's requirement for Mortgage insurance ends is accordance with any written agreeteent between Borrower and Lender providing for such termination or until termination h regvk by Applicable Law. Nothing in ibis Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Leader (or any entity that paredates the Note) for certain losses it may incer U Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance is force from time to time. and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer sad the other party (or parties) to these agreements. These agreements may require the mortgage Insurer to make payments uniag any source of fimdts that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Noe, another Inmrer. any reinam. any other entity, or any affiliate of any of the foregoing, nay receive (directly or indirectly) imornts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Inswaam, In excluinge for sharing or modti'ying the mortgage insurer's risk. or reducing lasses. If such agreement provides that an of hate of Leader takes a share of the insurer's risk in exchange for a share of the 1 paid to the instrer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreennemts will not affect the asaeaaata that Borrower has agreed to pay for Marge Insurance, or any other term of the Loses. Such agreeme its will ant inc ease the an west Benvwer will owe for Mortgage Insurance. aad they wit act entitle 11wrvwer to any rdmd. (b) ANY =ch - 9 1 1 w® sat affect the r4ob Bsnvwer ban - If asry - with rapat to the Manage Inarrawe andw the Howeswmen Prvtectloa Act of IM K say other hair. These rigds =my Inclode the right to receive certain dbxlnaures, to regaat sad obtain cancalistim of the Msrtgags Insurance, to hove the Mortgage InowI om terminated sate natica/y, and/or to receive a reload of ay Mei tgage hnneraaoe premieaala that were unearned at the tine of each caaoeintlen err tes►aah adi a. 11. Aadgnaaent of Mtaodbumwua Proceeds; Fegfejhe. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property Is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the property, If the restoration or repair is economically feasible and Lender's security is not lessened. Luring such repair and restoration period, Lender shall have the right to hold suds IasodLneons Proceeds until Lender hat had an opportunity to Inspect such Property to ensure the work bas been completed to Lender's saddacdoe. provided that such inspection &hall be undertaken promptly. Leader may pray for the repairs and restoration in a single disc msemest or In a series of progress payments as the work is completed. Unless an agreement h made In writing or Applicable Law requires interest to be paid on sucb hQuAnneous Proceeds, Leader shall not be required to pay Borrower any Interest or earnings on sad MhceWaeoas Proceeds. if the restoration or repair is not economidly feasible or Lender's security would be keened, the Miscellaneous Proceeds shall be applied to the sump secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. PENNSYLVANIA I' mily Fam4e MaWFreddie Moc LRoFORM INSTRUMENT - MERS �� Form 3039 01/07 palms 9 of 17 wwwcia�s'rple wa�oe In the event of a total taking, destruction, or kiss In value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instruaent, whether or not then due, with the excess, if airy. paid to Borrower. In the event of a partial taking, destruction, or loss is value of the Property In which the fair market value of the Property immediately before the partial taking. destruction, or toss in value is equal to or greater than the amour of the same secured by this Security Instrument immediately before the partial taking, destruction, or loss to value, unless Borrower and Lender otherwise agree in writing. the sums secured by this Security Instrument shall be reduced by the amount of the MisaWacous Proceeds muldptied by the following fi dm: (a) the total amount of the sums secured Immediately before the partial taking, destruction, or loss to value divided by (b) the fair market value of the Property Immediately before the partial taking, destruction, or loss In value. Any balance shall be paid to Borrower. In the event of a partial taHng, destruction, or loss in value of the Property to which the fair market value of the Property immediately before the parlial tang, destruction, or loss is value is less than the amount of the sums secured immediately before the partW taking, destruction, or loss In value, unless Borrower and Lender otherwise ago in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrujium whether or not the sums are then due. If the Property is abandoned by Bonus , or If, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages. Borrower fails to respond to Lender witldn 30 days after the date the notice is given, Leader is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sores secured by this Security Instrument. whether or not then due. "Opposing Party" means the drird party that owes Bonow er Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding. whether civil or criminal. is began that, In Lender's Judgment. could result In forfeiture of the Property or other material impairment of Leader's Interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration bas occurred, rehastate as provided in Section I9, by causing the action or proceeding to be dismissed with a ruling that. In Lender's Judgment. precludes forfelim of the Property or other material tmpahvw t of Lcmder's Interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that am attibuta6ie to the impairment of Laxler's interest In the Property are hereby assigned and shall be paid to Leader. All Mtsedlaaeoes Proceeds that are not applied to restoratlm or repair of the Property shall be applied in the order provided for to Section 2. 12. Barnnver Not Released; Forbes swim By Lender Not a Waiver. Extension of the time for payment or 11110 di 8 ca&M of amortization of the sums secured by this Security Instrument granted by Leader to Borrower or any Successor in lnterest.of Borrower shall sot Operate to release the liability of Borrower or any Successors in Interest of borrower. Lender shall not be rimed to co m....M proceedings against say Successor in Interest of Borrower or to reface to extend time for payment or otherwise modify amortization of the somas secured by dds Secm* Instrumeat by reason of any demand made by the original Borrower or any Successors in Ind of Borrower. Any forbearance by Lender in exercising any right or remedy lucbedtng, without limitation, Leoder's acceptance of payments from third persons, entitles or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a watver of or predode the exercise of any right or remedy. 13. Joint and Several Ldabiflty; C4- signers; S re to - s and A=*= Bid. Borrower covenants and agrees that Borrower's obligations and liability shalt be Joint and However, any Bmnwer who MAPS this Security Imt ument but does no execute the Note (a "co- signer'): (a) is co-sigaing this Security Instrument only to mortgage, grant and convey the co- signer's interest to the Property under the terms of this Security Instrument: (b) is not PENNSYLVANIA--Single Family Fannie Maul nm:l ere Mac UNIFORM INSTRUMENT - MERS DOCOM 97M 0004 Form 3039 01/01 Pape 10 of 17 wwN, K a-04 �F perwaally obligated to pay the. suns seared by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any *ccommodadom with regard to the terms of this Security Instrwoent or the Note without the co-signer's consent. Subject to the provisions of Section 18. any Successor in Interest of Borrower who assumes Borrower's obligations under this Security instrl> meat In Writing, and is approved by L ender, shall obtain all of Borrower's rights and beudlts under this &%whyr hair mment. Borrower shall riot be released from Borrower's oM*kf sus and HaWRY under this Seco ty Lntrament unless Leader agrees to such release in writing. Jim covenants and agreemeaft of this Security Instrument shall bind (except as provided in Section 20) and benefit the saccessas and asst" of Lender. 14. Lose Charges. Lender may charge Borrower fees for 3ervicw performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrmnent, including. but not limited to, attorneys' fees, property Inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Iasbnm ent to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of sad fee. Leader may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. V the Loan is subject to a law which sets maximums loan charges, and that law is finally Interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any sack loan charge shall be reduced by the amarat necessary to redwee the charge to the permitted limit: and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Leader may choose to make this refund by reducing the principal owed wider the Note or by malting a direct payer to Borrower. If a refired reduces principal, the reduction will be homed as a partial prepsymW without any prepayment charge (whether or mot a prepiiymeol charge h provided for under the Norte). Borrower's acceptrnace of any such refund made by direct payment to Borrower will constitute a waiver of any right of anion Borrower might have &rising out of sod overcharge. .15. Notices. All notices given by Borrower a Lender in connection with this Security I„trlrment must be m writing. Any notice to Borrower in connection with this Security Instrumeat shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address If writ by other means. Notice to anyone Borrower shall constitut notice to all Borrower's ou w Applicable Law expressly requires otherwise. TU notice address shall be the Property Address udess Borrower has designated a substitale notice address by notice to Lender. Borrower shall promptly notify Leader of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address. ilea Borrower stall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Leader shall be given by delivering it or by nailing it by first class mall to Leader's address stated herein unless Leader his designmed another address by notice to Borrower. Any notice in connection with this Security b*=Wnt shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security histrnment is also required under Applicable Law. the Applicable Law mKoresueat will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law: SeverabOty: Ades of Co stracdon. This Security Lament shall be governed by federal law and the law of the Jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and holkadoos of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be dko. but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or dwm of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which an be given effect without the conflicting provision. PENNSYLVANIA — Single Family Fannie Maeffmodaa Mac. UNIFORM INSTRUMENT - MERS wwr� dl ■aa"oo� Form 3039 01101 Pa" 11 of 17 Ah As used in this Security Instrument: (a) worsts of the masculine gender shall mean and include corresponding neuter wards or words of the feminine geodes (b) words in the singular sing mean and Include the plural and vice versa: and (c) the word " may" gives sole disc edoe wk oat my obfigodw to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Lusirunaent. 18. Transfer of the Property or a Beneficial Intend In Borrower. As used In this Section 18, "Interest In the Property" means any legal or beneficial iwerest In the Property, Including, but not limited to. those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Intend in the Property is sold or transferred (or if Borrower is not a natural person and a bea tficial interest in Borrower is sold or tranddred) without Lender's prior written consent, Lender may require immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if sucb vwadse b prohibited by Applicable Law. If Lender exercises this option. Lender sbtdl give: Borrower notice of acceleration. The notice shall provide a period of not less thou 30 days from the date the notice is given to accordance with Section 15 within which Borrower must pay all sums secured by this Security Iastrdaoaeadt. If Borrower fails to pay these sums prior to the expiration of this period, Linder may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Accalaratlea. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to (be earliest of: (a) five days before We of the Property. pursuant to any power of sale -contained In this Security Instrument; (b) such other period as Applicable Law might specify for the leradnadon of Borrower's tigLt to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Throe conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security lastrm»e of and the Note as if so aeodexador had occurred; (b) eaves any default of any other covenants or agreements; (c) pays all expenses bmivd in ehfareing this Security butrmnent, including, but not limited to, reasonable attorneys' few, property inspection and valuation fees. and other fees incurred for the purpose of protecting Lacer's interest in the Property and rights uoia this Security Indromeut; and (d takes such action as Leader may reasonably require to assure that Lender's interest to the Property and rights wider this Security Instrument, and Borrower's obligation to pay the suns secured by this Security Instrument, shall contime mhchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the fallowing forms, as selected by Leader: (a) curb; (b) money order; (c) certified check. bank check, treasurer's deck or casbfer's check, provided any such check is drawn upon an Institution whose deposits are Insured by a federal agency, Mentality or entity; or (d) Electronic Funds Transfer. Upon Wasademeat by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as If no acceleration had occurred. However, this right to reinstate shall not apply in the can of acceleration under Section 18. 20. Sale of Note: Change of Loan Servicer, Notice of Grievance. The Nate or a partial Interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result In a change In the entity (known as the "Loan Servicer that collects Periodic Payments due under the Note NW this Security Iastnunent sad perform other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written oodce of the change which will state the name and address of the new Loan Servicer. the address to which payments should be made and any other Information RESPA requires In connection with a notice of transfer of servicing. If the Nate is sold sad thereafter ter the loan is serviced by a Loan Services other than the prchaus of the Note, the mortgage loan servicing obligations PENNSYLVANIA —S F� ttNNyy nxampdoe!?9aonaos roosrar�sz F EKM Faaa/Fndda UMFZIRM INSTRUMENT- MERS arww dowree+Vtxa t Form 3039 01/01 pays .12 of 17 c" F_ to Borrower will remain with the Loan Servicer or be transferred to a successor Loam Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may' commence, join, or be Joined to any Judicial action (as either an bdfvidual lidgent or the member of a class) that arises from the otter party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other putt' (with such notice given in compliance wish the requirements of Section 15) of such alleged breach and afforded the oiler party hereto a reasonable period after the giving of sad notice to take corrective action. If Applicable Law provwes a time period which most elapse before certain action can be taken. that time period will be deemed to be reasonable for purposes of tills paragraph. The notice of acceleration and opportunity to care given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Sectim 18 shaft be deemed to sadify the notice and opportunity to take corrective action pruvisioas of this Section 20. 21. hazardous Substances. As used In this Section 21: (a) "Hazardous Substances" are those substauxs defined as rode or hazardous substances, pollutants. or wastes by Environmental Law and the following : gasoline, kerosene, other flammable or toadc petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials: (b) "Environmental Law" a eass federal laws and laws of the jurisdiction where the Property is located fiat relate to beaW safety or environmental protection; (c) "Environmental Cleanup" inchndes any response action, remedial action, or removal action, as defined in Environmental. Law; and (d) an *Environmental Condition" means a condition that can puss. contribute to, or otherwise trigger an Environmental Clamp. Borrower shall not cause or permit the presence, use, disposal; storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any F.nvironuental Law, (b) wbici states an Environmental Condition, or (c) which, due to the presence, me, or release of a Hazadots Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence. use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential am and to maintmnnce of the Property ( incloding, but not limited to, hazardous substances in consumer products). Borrower shall plrompdy give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. (b) any Environmental Condition, including but no limited to, any spilling. leaking, discharge. release or dm at of release of any Hazardous Substance, and (c) any condition weed by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or Is notified by any governmenm] or regulatory aatho. or any private party, fiat any removal or other temedistion of any Hazardous dous Substance - affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with EaviromnenW Law. Nothing herein shah create any obligation on Lender for an Environmental Cleanup. NONUNIFORM COVENANTS. Borrower and Lender feather covenant and agree as follows: 22. Aatkration; Resredles. Lemdv shag give notice to Borrower prior to uveleradon following Borrower's breach of any covenant or agaeenuest is this Secudly Iratrsmest (hot not prior to aeoeleradon ®der Section 18 edess App (cable Law provides otherwise).. Linder AM notify Berrawer of, aunsng other things: (a) the default; (b) the acthm regained to cut the default; (c) when the default avast be cored; and (d) &M PEN SYLVAMA —SkVW Par ry noew�le EDieo,o.. ,eos..Iare Farms Mmffrad* MW UNfF't)RM INSTRUMENT - MERS WW dpowwo,eam Form 3039 01101 page 13 or 17 fagare to cure the default as specified may result is acceleration of the sums seemed by this Security bArment, foseciasare by jusdkW proceeding and oak of the Property. Lender shd ftsrthar infosm Bart awer Of the right to reinstate after acceleration and the right 10 assert In the foreclosure In Oceedlog the eao-adabeace of a default or any other defunsre of Borrower to acceleration and forecinme. If lbe delLdt is not cured as specified, Leader at Its option may. e9uh immedtatc payment in fug of all saws secured by this Security Inshmment wkhout farther demand and may fioreciwe this Secsnity Instrument by judkhd proceeding, Lender "be entkled to ceiect al expenses in pursuing the eernedip prsvmW i silk Sectisn 22, bKk dkg, but not tlmited to. atsorsseys' fep &W cosb of title a Weace to tale eKleM permitted. by AppbcAk Law. 23. Release. Upon payment'of all sums sewed by tkh Security Instrument, this Seem* Instrument dad the estate conveyed shall terminate and become void. After such occurrence, Leader shall discharge and satisfy this Security Instrument. Borrower shall pay any recordatkaa costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only If the fee is paid to a third party for services rendered and the changing of the fee Is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law. waives and releases any error or defects In proceedings to enforce this Security Instrumnent, and hereby waives the benefit of any present or fWw laws providing for stay of execution. extension of time, exemption from adacbment, levy and sale, and homestead exemption. 25. Reinstatement period. Borrower's time to reinstate provided in Section 19 shag extend to one hour prior to the commencement of bidding at a sheriff's sale or other We pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire dde to the Property. this Security Instrument shall be a purchase money mortgage. 27. Interest Nate After Jvdgoeini..Borrower agrees that the Interest rate payable after a judgment is entered on the Note or In an action of mortgage foreclosure shag be the rate payable fmm time to time under the Note. PEWSYLVARIA—SWage FamOV DocMavoa'"nnw 800449-13u Fannie Mw"nKidb MOM UNIFORM INSTRUMENT - MERS » Forte 3039 01/01 page 14 of 17 BY SIGNING BELOW, Borrower accepts and agrees t0 the terms and covenants contaLxd in this Security Ins&u n w and in any Rider executed by Borrower and recorded with k. -- (Sein (Se&Q CHRIS EMORY - Borrower - Borrower (Sean (Seel} - Borrower - Borrower i (SeQ ( Sean -Borrower - Borrower Witness: Whaess: PENNSYLVAMA F � Oft a soo44a»ev Fenn�s Mas/FrWdle Nlac UNIFORM INSTRUMENT - MER$ M , Form 3039 01101 Fags IS or 17 .-1 099 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) On this the C Yay of j UAL before me, the undersigned officer, personally appeared CHRIS EMORY known to me (or saMactorily proven) to be the persoa(s) wbose same(s) is/am suWa bed to the within insUlmnent and aduww)edged that be/stwJdwy executed the sune for the purposes therein contained. In witness whereof, I hereunto set my hand *ad oificW seals. 1 � 1'IO � tt y i� y l�l � s w tore �W� DAR MOODY ftm�� y My �.OlwtMwan tv w JaP 20. im a Title of Of6w (Notary's Stamp and Embosser) My commission expim: PENNSYLVANIA—Single Fa"d1y OoeabytclDdna� waas�s roar Famk Maa/Fneddte Mac UNIFORM INSTRUMENT - MM www �eon�ic c+oe► Fwm 3039 01/01 Page 16 of 17 ate of RedduKV of 1►t�rE The eked hereby caWks that: p} Wshe is the Mortgagee or the duty and w ized attorney or agent of The Mortgagee named in the within W mmem'. and (B) Mmtrgwls p wise reaWmxt is: 6200 OAK TREE BLVD. THIRD FLOOR, INDEPENDENCE, OHIO 44131 Witness ray hand this fh day of 54 woe aP ur >rtortg� re's Dev °r AReat Type or erW NaG d W6WgM a or IVbf4W's wlar.ey Q Aims PENNSYLVANIA —$kmgo Fonift OocO Fmnis MmJFnddle tsiec UNIF'DRM INSTRUMENT - MERS 17 or 17 ww Form 3039 01101 Page W15WO U '1, PREPAYMENT RIDER Loan Number: 06-681429 Date: JUNE 6, 2 0 0 6 Borrower's): CHRIS EMORY THIS PREPAYMENT RIDER (the 'Rider ") is made this 6th dry of JUNE > 2 0 0 6 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trost or SeCurity Deed (tire "Security Instrunwai ") of the same date given by the undaslgned ( "Borrower ") to secure repayment of Borrower's promissory note (tbe "Note") in favor of NOVASTAR MORTGAGE, INC., A VIRGINIA CORPORATION ( "Leader"). The Security Instrument encumbers the Property more specifically described in the Security Instrument and located at 305 EAST ORANGE ST, SHIPPENSBURG, pgMSYLVANIA 17257 Icy Ada—] ADDMONAL COVENANTS. in addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as foiiaws: A. PREPAYMENT CHARGE The Note provides for the payment of a prepayment charge as follows: 4 . BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE I have the right to make payments of Principal at any time before they are doe. A payment of Principal only h known as a fit." Wbeu I make a Prepayment, I win 10 the Note Holder in writing that I am doing so. l may not designate a payment as a Prepayment if I have not made ail the monthly payments doe under the Note. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under the Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount. before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the doe dates of my monthly prymeal artless the Note Holder agrees in writing to those changes. If the Note contains provisions for a variable interest rate, my partial Prepayment may reduce the amount of my monthly payments after the first Cbauge Date following my partial Prepayment, However, any reduction doe to my partial Prepayment may be offset by an interest rate Iacrerae. If this Note provides for a variable interest rats: or finance charge. and the interest rate or finance charge at any tlme exceeds the legal limit under MULTISTATE PREPAYMENT RIDER 6103 Page 1 of 2 wwwQoaerflaao+n C,-r which a Prepayment Penalty is allowed, then the Note Holder's right to assess It Preparyuo�al penalty will be determined Iader law. If WWdn THIRTY -SIX ( 36 ) from the date the Ste' and Instrument is exemded I make a fall Preprymed or one or more partial Prepaymesris, lion total of All each pt ayrrrents to any 12 -moalh period exceeds twenty pmt (20%) of the original Principal ammmt of the loon. I Will pay a Prepayment c8e in an amount egtW to SIX ( 5 ) months' a&mm inter on the amount by which the total of my Prepayments Within ray 12 -0086 pMW exceeds twenty percent (20%) of the original Principal amount of the loan. BY SIGNING BELOW, Borrower accepts and agmes to the terms and provisions oI>nWined in this Rider. -- (Seal) (SC4 CHRIS EMORY - Borrower -Borrower (Seal) (SCU -Bo rrowe r - Borrower (W (Sea)? - Borrower - Borrower I Certify this to be MOAA I d County .4 ` 34 DeocL MULTISTATE PREPAYMENT RIDER Pago 2 of 2 wwwdocawVC."m W03 EXFQRIT A ALL THAT CERTAIN lot or piece of ground situate in the Shippensburg Borough. County of Cumberland, Commonwealth of Pennsylvania, known as 305 East Orange Street, bounded and limited to as follows: Street, on the ON the South by Orange East by a 14 foot alley; on the North by lot now or formerly of Joel Shepley; on the West by Property. now or formerly of Kate H. Culbertson and Martha Musser, formerly part of this lot, extending with a frontage of 137 feet, more or less on said Orange Street and from Orange Stmt back to said lot now of formerly of Shapley a distance of 47_ feet, more or less. BEING the same premises which George M. Emory and. Susan J. Graf, his wife, by Deed dated March 15, 2005, and recorded in Franklin County, Pa., Record Book Volume 268, Page 516, granted and conveyed unto Christopher M. Emory, an adult individual, Mortgagor herein. c,., F STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON, PA 18976 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 Date: December 24, 2013 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice c -- ,inns important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT HOMEOWNER'S NAME(S): CHRIS EMORY PROPERTY ADDRESS: 305 EAST ORANGE ST, SHIPPENSBURG, PA 17257 MAILING ADDRESS: CHRIS EMORY 305 E ORANGE ST SHIPPENSBURG, PA 17257 -2007 LOAN ACCT NO.: XXXXXX9954 ORIGINAL LENDER: MERS, INC. AS NOMINEE FOR NOVASTAR MORTGAGE, INC. CURRENT LENDER/SERVICER: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006 -4 NOVASTAR HOME EQUITY LOAN ASSET - BACKED CERTIFICATES, SERIES 2006-4, BY ITS SERVICER OCWEN LOAN SERVICING, LLC 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 (plus three (3) days for mailing) 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 (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. 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 immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face -to -face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- 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: 305 EAST ORANGE ST, SHIPPENSBURG, PA 17257 IS IN SERIOUS DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments from 07/01/2011 through and including December 24, 2013 as follows: Monthly Payments of $1,205.31 due on 07/01/2011 through and including 12/01/2013, inthe amount of ................................................. ............................... $36,159.30 TOTAL OF PAYMENTS IN DEFAULT: ..................................................... $36,159.30 Other Charges (Explain/Itemize): LateCharges: .................................................................................... $1,024.54 EscrowAdvances: ............................................ ............................... $3,124.91 OtherFees Due: ................................................ ............................... $2,555.00 LessSuspense: .................................................................................. $0.00 TOTAL OF OTHER CHARGES: ..................................................... $6,704.45 TOTALAMOUNT DUE: .................................................................................. $42,863.75 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $42,863.75 , PL US ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006 -4 NovaStar Home Equity Loan Asset - Backed Certificates, Series 2006-4, by its servicer Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 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. 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) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by 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 Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: NAME OF LENDER: Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006 -4 NovaStar Home Equity Loan Asset - Backed Certificates, Series 2006 -4 ADDRESS: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 PHONE NUMBER: (800) 446 -2936 FAX NUMBER: CONTACT PERSON: Ocwen Loan Servicing LLC EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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 (See Attached Page) Sincerely, STERN & EI ti BY: Stern & PC .x� VIA CERTIFIED MAIL, RETURN RECEIEW REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 letter, this firm will obtain and provide you. with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. -- f Comprehensive Housin Counseling A 9 g Agencies Agencias de Consejo at Cliente Para Vivienda Cumberland County CCCS of Western PA - Fork 888.511.2227 / 888.511.2227 55 Clover Hill Road W wx1V.cccspa.org Dallastown PA 17313 Community Action Commission - Capital Region 717.232.9757 1514 Derry St %www.cac0'iirountv.om Harrisburg PA 17104 Harrisburg Fair Housing Council 717.238.9540 2100 N 6th St Harrisburg PA 17110 Housing & Redevelopment Authority - Cumberland Cnty 866.683.5907 / 717.249.0789 114 N Hanover St; STE 104 www.cchra.com Carlisle PA 17013 Patlzstone Corporation Pennsylvania 717.234.6616 1625 North Second St www.rural isc.org /pathstone_pa.htm Harrisburg PA 17102 Pennsylvania Interfaith Community Programs, Inc. 717.334.1518 40 E High St www.adamscha.org Gettysburg PA 17325 Report last updated: 4/30/2012 9:03:04 AM Prepare Date: December 20, 2013 NOTE: NOTE: Many of the agencies offer workshops at various location sites; call to find a location near you. U.S. POSTAGE>> PITNEY BOWES Name and STERN & EISENBERG Address 1581 Main Street, Suite 200 0 4 ZIP 18 IYY 976 of Sender Warrington, PA 18976 02 $002.400 0001371685DEC 24. 2013 Line Article Postage Fee Number CHRIS EmoRy 305 EAST ORANGE ST SHIPPENSBURG, PA 17257 2 3 d:L:_ �- 4 5 6 PHFA PO BOX 8029 HARRISBURG, PA 17105-8029 7 8 9 U.S. Postal ServiceT. 1.0 CERTIFIED MAIL. RECEIPT (Domesuc Mail Only, No Insurance Coverage Provided) Ln 12 ro Postage $ ro 13 Certified Fee Postmark tj - Return Receipt Fee Here 14 (Endorsement Required) nc 1 Restricted Delivery Fee C3 (Endorsement Required) 15 RE: ACTNOTICE M — Total Postage & Fees $ Total Number of Total Number of Pieces Postmaster, Per (Name of Receiving ru Pieces Listed by Sender R eceived at Post Office Employee) M Sent To Chris Emory ........ E3 Street, Apt. No. , p— or PO Box No. 305 East Orange St Cliy ------------- ------ Shippensburg, PA 17257 PS Form 3800, August 2006 See Reverse for Instruction 03/25/2014 14:19 TAX) P.0021009 FORM 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IT` Plaintiff(s) C- T Vs. M-\ Ls &Y �7rSv �- Defendalit(s) Civil �,- CD NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which Is the subject of this foreclosure action, you may be able to participate In a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference First, within twenty (20) days of your receipt of this notice, you must contact MldPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference It is not necessary for you to contact MldPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet In the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference Is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME. YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROG M IS FREE. Res ec 1 b 1 e - -� ZS I Date Signet Counsel for Plaintiff 03/25/2014 14:19 TAX) P.0031009 FORM 2 Cumberland County Residential ATortgagfe Foreclosure Diverslon Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following Information to the best of your knowledge: CUSTOWERIPRIMARY APPLICATION Borrower name (s): Property Address: City: State: Zlp: Is the property for sale? Yes No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people In household: How long? G O-BORRO WER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF ORMATIO N First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: 03125/2014 14:19 TAX) P.0041009 AUet Amount Owed: Value: Home: $ $ Other Real Estate: S $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile 92 : Model: Year: Amount owed: Value: Other transportation (automobiles. boats, m torcvdes): Model: Year: Amount owed: Value: Mw Ably Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly penes: (Please only Include expenses you are currently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Su ort/Allm. Spending Mone Day /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following Information: Counseling Agency: Counselor: Phone (Office): Fax: Email: 03125/2014 14:19 tFAX) P.0051009 Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please Indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please 'provide the following Information, If know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH ORIZATIO N I /We, , authorize the above named to use /refer this Information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following Information to lender and lender counsel: V Proof on Income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal Income tax returns V Copy of deed 03/25/2014 14:19 (FAX) P.0061009 FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plalntiff(s) VS. Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated ' 2022 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned ver(fles that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date 03125/2014 14:20 TAX) P.0071009 FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs) VS. Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant/borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has compiled with the Administrative Rule requirements for the scheduling of a Conciliation Conference, It is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at . M. In at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and Its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 Is , to be made may be extended. Upon notice to the 03/2512014 14:20 (FAX) P.0081009 Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties In writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference In person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course . of the Conciliation Conference. The representative of the plaintiff /lender who participates In the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. if the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall Include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed In lieu of foreclosure; _ — TAX) P.0091009 0312512014 14:20 entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings, 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) PENN'S YL 'AN fA/� T r'� IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND, PA COUNTY Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-4 NovaStar Home Equity Loan Asset -Backed Certificates, Series 2006-4, by its servicer Ocwen Loan Servicing, LLC v. Chris Emory a/k/a Christopher M. Emory Defendant(s) Civil Action Number: 14-1750 Civil MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Chris Emory , for failure of said Defendant(s) to file a responsive pleading to the Complaint within twenty (20) days of service thereof. PRINCIPAL BALANCE $129,612.39 INTEREST accrued thru 02/06/2014 of $35,822.82 Interest after 02/06/2014 shall accrue at the per diem rate of $37.08.) LATE CHARGES accrued thru 02/06/2014 of $1,024.54 Late charges after 02/06/2014 shall accrue at the monthly rate of $60.27.) ESCROW ADVANCES $3,124.91 OTHER CHARGES $1,651.00 0+-P" a CAH Ui.4oc) (Z 2b5 (.oS`i No I)« ma (Pd Sub -Total Through Date of Complaint $171,235.66 ACCRUED INTEREST after 02/06/2014 shall accrue at the per diem rate of $37.08 to May 6, 2014 $3,300.12 ACCRUED LATE CHARGES Late charges after 02/06/2014 accruing at the monthly rate of $60.27 through May 6, 2014 $241.08 TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT $174,776.86 BY: STERN & EISENBERG ❑ STEVEN K. EISBERG, ESQUIRE O M. TROY FRE DMAN, ESQUIRE O JACQUELINE F. McNALLY, ESQUIRE O LESLIE J. RASE, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND, PA COUNTY Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-4 NovaStar Home Equity Loan Asset -Backed Certificates, Series 2006-4, by its servicer Ocwen Loan Servicing, LLC v. Chris Emory a/k/a Christopher M. Emory Defendant(s) Civil Action: 14-1750 Civil MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF BUCKS 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 305 East Orange Street Shippensburg, PA 17257-2007 2. Is over the age of twenty-one. 3. Is not now nor has 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. BY: Sworn to and subscribed before me this 7th Day of May, 2014. E EN K. EI NBER , ESQUIRE ❑ M. TROY F' . DMA►,, ESQUIRE O JACQUELIN F. M ALLY, ESQUIRE ❑ LESLIE J. ' S ., SQUIRE ❑CHRISTINA C. VIOLA, ESQUIRE V ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff COMMS►r4WEA. TN OF PENNSYLVANIA NOTARIAL SEAL HELEN CAPASSO, Notary Public Warrington Twp., Bucks County My Commission Expires October 21, 2016 Department of Defense Manpower Data Center Results as of : May -07-2014 07:16:27 AM SCRA 3.0 Status RRpoit Pursuant to Sery cernembers Civil. Relief Act Last Name: EMORY First Name: CHRISTOPHER Middle Name: Active Duty Status As Of: May -07-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA , - - - - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duly on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA ' No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 a/0N- STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND, PA COUNTY Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-4 NovaStar Home Equity Loan Asset -Backed Certificates, Series 2006-4, by its servicer Ocwen Loan Servicing, LLC v. Chris Emory a/k/a Christopher M. Emory Defendant(s) Civil Action: 14-1750 Civil MORTGAGE FORECLOSURE 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. No. 237.1., a true and correct copy of which is attached hereto. BY: STERN & EISENBERG-41e Ei rE EN K. EIS . 1 BERG, ESQUIRE ❑ M. TROY FREDMAN, E(QUIRE El JACQUELINE -N�ALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ JHRISTINA C. VIOLA, ESQUIRE p' ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STERN & BISENBERG PC THE SHOPS AT VALLEY SQUARE 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND, PA COUNTY Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-4 NovaStar Home Equity Loan Asset -Backed Certificates, Series 2006-4, by its servicer Ocwen Loan Servicing, LLC (Plaintiff) v. Chris Emory (Defendant(s)) TO: Chris Emory 305 East Orange Street Shippensburg, PA 17257 Docket #: 14-1750 Civil TEN DAY NOTICE NOTICE PURSUANT TO Pa.R.C.P. 237.1 Date of Notice: Wednesday, April 23, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL KELP: 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 By: J:\Michaela\Ten Day\Bucks\Ocwen.Err_ory.04.14.docx STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND, PA COUNTY Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-4 NovaStar Home Equity Loan Asset -Backed Certificates, Series 2006-4, by its servicer Ocwen Loan Servicing, LLC v. Chris Emory a/k/a Christopher M. Emory Defendant(s) Civil Action: 14-1750 Civil MORTGAGE FORECLOSURE 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. BY: STERN & EISENBE Of' ' Ar /A111 wiry -EVEN K. ' SE 1 RG, ESQUIRE ❑ M. TROY Fi. 0 MAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE O LESLIE J. RASE, ESQUIRE • HRISTINA C. VIOLA, ESQUIRE Or ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND, PA COUNTY Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-4 NovaStar Home Equity Loan Asset -Backed Certificates, Series 2006-4, by its servicer Ocwen Loan Servicing, LLC v. Chris Emory a/k/a Christopher M. Emory Defendant(s) Civil Action: 14-1750 Civil MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Deutsche Bank National Trust Company by its servicer Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 (Plaintiff) Chris Emory a/k/a Christopher M. Emory 305 East Orange Street Shippensburg, PA 17257-2007 (Defendant(s)) BY: STERN & EISENB ❑STEVEN K. BERG, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE O JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE Er ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Deutsche Bank National et al. vs. 0 Confessed Judgment Plaintiff ❑ Other File No. 14-1750 Civil Chris Emorya/k/aChristopher M. Emory Defendant Interest Amount Due $174,776.86 Address: Atty's Comm 305 East Orange Street . Costs Shippensburg, PA 17257-2007 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) 305 East Orange Street, Shippensburg, PA 17257-2007 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). 0 (Indicate) Index this writ against the garnishee (s) as a lis pendens defendant(s) described in the attached exhibit. Date 05/07/2014 Signature: al". 714Z p8 sa4a C /qC,-L° PCI Print Name: Address: Attorney for: Telephone: Supreme Court ID No: 312314 st - I estate ndrew '. Mar 1581 am eet Suite 200 Warrlton, PA 18976 Plaintiff 215-572-8111 s ('‘), "Ni Lh,to 2_4„ sbsul Ot IZ�%S.iA ALL THAT CERTAIN lot or piece of ground situate in the Shippensburg Borough, County of Cumberland, Commonwealth of Pennsylvania, known as 305 East Orange Street, bounded and limited to as follows: ON the South by Orange Street, on the East by a 14 foot alley; on the North by Lot now or formerly of Joel Shapley; on the West by property now or formerly of Kate H. Culbertson and Martha Musser, formerly part of this Lot, extending with a frontage of 137 feet, more or less on said Orange Street and from Orange Street back to said lot now of fotuierly of Shapley a distance of 47 feet, more or less. BEING KNOWN AS 305 East Orange Street, Shippensburg, PA 17257 BEING the same premises which George M. Graf and Susan J. Graf, his wife, by Deed dated March 15, 2005 and recorded March 28, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 268 Page 516, granted and conveyed unto Christopher M. Emory, an adult individual, as sole owner. PARCEL NO. 32-34-2411-030 STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) AN rL�1.lE� C RL NO COLIN PENNSYLVANIA TY IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND, PA COUNTY Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-4 NovaStar Home Equity Loan Asset -Backed Certificates, Series 2006-4, by its servicer Ocwen Loan Servicing, LLC v. Chris Emory a/k/a Christopher M. Emory Defendant(s) Civil Action: 14-1750 Civil MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 305 East Orange Street, Shippensburg, PA 17257. 1. Name and address of Owner(s) or Reputed Owner(s): Chris Emory 305 East Orange Street Shippensburg, PA 17257-2007 2. Name and address of Defendant(s) in the judgment: Chris Emory 305 Eas4Orange Street Shippensburg, PA 17257-2007 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 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: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Cumberland County 13 North Hanover Street Carlisle, PA 17013 Tenant(s)/Occupant(s) 305 East Orange Street Shippensburg, PA, 17257 Tax Claim Bureau Cumberland County Courthouse One Courthouse Street 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: May 7, 2014 CCMMONWM.Pe'." !-1 OPP p»EG NSYL"ANI NOTARIAL SEAL HELEN CAPASSO, Notary Public Warrington Twp., Bucks County My. Commission Expires October 21, 2016 Sworn to and subscribed before me This 7th pax of May, 2014. Notary Public 67) BY: STEVEN K. EI BERG, ESQUIRE ❑ M. TROY FREEDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ cHRISTINA C. VIOLA, ESQUIRE PE'ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) 411 1.1 PENNSY Atoll," �7 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND, PA COUNTY Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-4 NovaStar Home Equity Loan Asset -Backed Certificates, Series 2006-4, by its servicer Ocwen Loan Servicing, LLC v. Chris Emory a/k/a Christopher M. Emory Defendant(s) To: Civil Action: 14-1750 Civil MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Chris Emory a/k/a Christopher M. Emory 305 East Orange Street Shippensburg, PA 17257-2007 Your real estate at 305 East Orange Street, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, September 3, 2014 at 10:00 A.M. , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $174,776.86 obtained by Deutsche Bank National Trust Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern & Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern & Eisenberg PC, 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. 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 & Eisenberg PC, 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 & Eisenberg PC, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling 717-240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-4 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-4, BY ITS SERVICER OCWEN LOAN SERVICING, LLC Vs. NO 14-1750 Civil Term CIVIL ACTION — LAW CHRIS EMORY A/K/A CHRISTOPHER M. EMORY WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $174,776.86 Interest Atty's Comm: Atty Paid: $199.35 Plaintiff Paid: Date: 5/9/14 L.L.: $.50 Due Prothy: $2.25 Other Costs: )11\t-s.b br".-BuELL David D,uell, Protho •,►� (Seal) By: REQUESTING PARTY: Name: ANDREW J. MARLEY, ESQUIRE Address: STERN & EISENBERG, P.C. 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 312314 Deputy STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) ANDREW J. MARLEY (312314) EDWARD J. McKEE (316721) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY /jricA Is Z JUN 30 PENN^ AID COUNT y C°118 ERL Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-4 NovaStar Home Equity Loan Asset -Backed Certificates, Series 2006-4, by its servicer Ocwen Loan Servicing, LLC v. Chris Emory a/k/a Christopher M. Emory Defendant(s) Civil Action Number: 14-1750 Civil MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, EDWARD J. MCKEE, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriffs Sale was mailed to the Defendant by certified mail return receipt requested and regular mail on June 25, 2014 I further certify that notice of the Sheriffs Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on June 25, 2014, as evidenced by copy of certificates of mailing attached. STERN B 6/25/14 ISENBERG, PC WARD J. MCKEE Attorney for Plaintiff Name and Address of Sender STERN & EISENBERG 1581 Main Street, Suite 200 Warrington, PA 18976 U.S. POSTAGE» PITNEY BOWES (414,� Line Article Number Po + 1.1 0001371.685 . 1 **** Chris Emory 305 Easy Orange Street Shippensburg, PA 17257-2007 2 **** Tenant(s)/Occupant(s) 305 East Orange Street U.S. Postal ServiceTM Shippensburg, PA, 17257 CERTIFIED MAILTM RECEIPT i i (Domestic Mail Only; No Insurance Coverage Provided) For 3 * * * * PA Department of Revenue � •� Bureau of Compliance 1 o deliveryinformation visit our website at www.usps.coma 0 C d A L Box 281230 ' ru Postage �`, .d Harrisburg, Pennsylvania 17128 ' o Certified Fee IP C ' I Return Receipt Fee Domestic Relations o (Endorsement Required) I tle ealrag rk Co y tO 4 * * * * G %�74 Cumberland County 13 North Hanover Street Carlisle, PA 17013 Restricted Delivery Fee • a (Endorsement Required) m .11 Total Postage & Fees ru a1�I\N G Spy m Sent ToChris Emory(;z:) Tax Claim Bureau Cumberland County Courthouse N Street,APt. No.; 305 Easy Orange Street or PO Box No. City, State, ZIP+4 Shippensburg, PA 17257-2007 {)•••..___.-./c1) p 5 **** One Courthouse Street Carlisle, PA 17013 PS Form 3800, August 2006 See Reverse for Instructions 6 RE: EMORY, Notice of Sheriff Sale Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) 002.35° JUN. 25. 2014' Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r E E1'. 0 1 11. HE PROTHONOTARY 2DR QCT 21 P/1 2: 56 CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company vs. Chris Emory a/k/a Christopher M. Emory Case Number 2014-1750 SHERIFF'S RETURN OF SERVICE 06/23/2014 12:30 PM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 305 East Orange Street, Shippensburg, PA 17257, Cumberland County. 06/23/2014 12:30 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Ashley Emory, wife, who accepted as "Adult Person in Charge" for Chris Emory a/k/a Christopher M. Emory at 305 E. Orange Street, Shippensburg Borough, Shippensburg, PA 17257, Cumberland County. 09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Steven Eisenberg, on behalf of Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006-4, NovaStar Home Equity Loan Asset -Backed Certificates, Series 2006-4, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $943.86 SO ANSWERS, September 16, 2014 RONNY R ANDERSON, SHERIFF W Da pot 4adz 0,0 96033- 04-4 3 /. 533 (c) Cour Si Sheriff, Teleosclt, inc. On May 13, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Known and numbered as, 305 East Orange Street, Shippensburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: May 13, 2014 By: Real Estate Coordinator b1 :b V [ 1 AM h1II1 r� �i F 1J ii LXIII 29 CUMBERLAND LAW JOURNAL , 07/18/14 Writ No. 2014-1750 Civil DEUTSCHE BANK NATIONAL TRUST COMPANY vs.' Chris Emory a/k/a Christopher M. Emory Atty.: Steven Eisenberg ALL THAT CERTAIN lot or piece of ground situate in the Shippensburg Borough, County of Cumberland, Commonwealth of Pennsylvania, known as 305 East Orange Street, bounded and limited to as follows: ON the South by Orange Street, on the East by a 14 foot alley; on the North by Lot now or formerly of Joel Shapley; on the West by property now or formerly of Kate H. Culbertson and Martha Musser, formerly pmi of this Lot, extending with a frontage of 137 feet, more or less on said Orange Street and from Orange Street back to said lot now of formerly of Shapley a distance of 47 feet, more or less. BEING KNOWN AS 305 East Orange Street, Shippensburg, PA 17257. BEING the same premises which George M. Graf and Susan J. Graf, his wife, by Deed dated March IS, 2005 and recorded March 28, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 268 Page 516, granted and con- veyed unto Christopher M. Emory, an adult individual, as sole owner. PARCEL NO. 32-34-2413-030. 41 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 11, July 18 and July 25, 2014 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. Li Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this da of Jul 2014 Notary 1 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOAC., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 i The Patriot -News Co. 1900,Patriot Drive Me'chanit sburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 1je Pahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she 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. 2 . 41750 Civil Te DE HE BANK NAT NAL UST COMPAN vs. Chris Emory a/k/a Christopher M. Emory Atty: Steven Eisenberg ALL THAT CERTAIN lot or piece of ground situate in the Shippensburg Borough, County of Cumberland, Commonwealth of Pennsylvania, known as 305 East Orange Street, bounded and limited to as follows: ON the South by Orange Street. on the East by a 14 foot alley; on the North by Lot now or formerly of Joel Shapley; on the West by property now or formerly of Kate H. Culbertson and Martha Musser, formerly pmi of this Lot, extending with a frontage of 137 feet, more o-;k;W n -s d Orange Street and from Orange Street back to said lot now of formerly of Shapley a This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 Sworn to , bscribed before me this 20 day of August, 2014 A.D. (` Nc`tary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 pEVBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which NovaStar Mtg Fund Trust Series 2006-4, Tr & NovaStar Home Eq Loan Asset - Backed Cert Series 2006-4, Tr is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 9th day of May, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2014 Number 1750, at the suit of NovaStar Mtg Fund Tr, Tr & NovaStar Home Eq Ln Asset -Backed Cert Series, Tr against Chris aka Christopher M Emory is duly recorded as Instrument Number 201424027. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of , A.D. UC 61/1/ 4, 60 4:e/ Recorder of Deeds Record of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018