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Home My WebLink About05-1918 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-811 I I.D. #75736 NOVASTAR MORTGAGE, INC. 8140 Ward Parkway, #200 Kansas City, MO 64114 VS. NO. O~ - /CfIP C; t.>; ~ 9LvV] FRANK W. SL YDER, JR. AND GRETCHEN E. SL YDER 216 Chestnut Street Mount Holly Springs, PA 17065 CIVIL ACTION- MORTGAGE FORECLOSURE This is an attem t to c lied a debt and an information obta ned will be used for that ur se. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. J ;\DianeICOMPLAIN\NOV AST AR-SL YDER CUMBERLAND 4.!JS.wpd YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR 4TH FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 ) ,IDianeICOMPLAININOV AST AR-SL YDER CUMBERLAND 4-05. wpd NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 9 692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION TH REOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT 0 THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YO WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDR SS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CRE ITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DI PUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, W WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UN L WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. NCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINU THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION S AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WI L BE USED FOR THAT PURPOSE. 1:\Diane\COMPLAIN\NOY AST AR-SL YDER CUMBERLAND 4-05. wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 LD. #75736 NOV AST AR MORTGAGE, INC. 8140 Ward Parkway, #200 Kansas City, MO 64114 VS. NO, FRANK W. SLYDER, JR. AND GRETCHEN E. SL YDER 216 Chestnut Street Mount Holly Springs, PA 17065 CIVIL ACTION- MORTGAGE FORECLOSURE 1. Plaintiff is NovaStar Mortgage, Inc. (hereinafter "NovaStar"), a corpo ation with offices located at 8140 Ward Parkway, #200, Kansas City, MO 64114. 2. Defendants are Frank W. Slyder, JI. and Gretchen E. Slyder, adult indivi uals with a last-known address of 216 Chestnut Street, Mount Holly Springs, PA 17065. 3. Under date of August 2,2001, defendants executed and delivered to No Sar a mortgage upon premises 216 Chestnut Street, Mount Holly Springs, PA 17065 to secur the payment of the sum of $82,400.00. The said mortgage is recorded in the Department of Rec rds in and for the County of Cumberland in Mortgage Book No. 1735, page 1747, recorded Au ust 9, 2001 and is incorporated herein by reference. A copy of the legal description of the prem ses is attached hereto and made a part hereof as Exhibit "A". 4. The defendants are the real owners of premises 216 Chestnut Street, Mo nt Holly Springs, PA 17065. L\Diane\COMPLAIN\NOV AST AR.SL YDER CUMBERLAND 4.05. wpd 5. In accordance with Act 91 of 1983, as amended, a combined notice roviding the information required by ~403 of Act 6 of 1974, and Act 91 aforesaid, was s nt to the defendants and no response was made in the appropriate period of time. A true and co ect copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit "B". 6. The said loan is in default as a result of the failure to pay the monthly installments of $867.08 due on December 1, 2004 and on the 1 st day of each month th reafter. 7. The following is due on the loan: PRINCIPAL BALANCE $ 8 ,728.89 INTEREST (accrued thru 417105 of $3,488.26. Interest after 4f7 105 shall accrue at the per diem rate of $22.03,) 488.26 LATE CHARGES (accrued thru 417105 of $173.40. Late charges after 4f7 105 shall accrue at the monthly rate of $43.35) 173.40 ESCROW ADVANCES 53.77 FEES BILLED 37.50 RECOVERABLE BALANCE 89.75 COSTS .00 ATTORNEY'S FEE .00 4 TOTAL $ 89,0 1.57 WHEREFORE, Plaintiff, NovaStar Mortgage, Inc. requests this Court to nter judgment for foreclosure of the mortgaged property for the sum of $80,728.89, plus in rest thereon of $3,488.26 plus $22.03 per day from April 7,2005 until judgment is paid in full late charges of $173.40, plus late charges of $43.35 per month from April 7, 2005until judgm tis paid in full, escrow advances of $153.77, fees billed of $37.50, recoverable balance of $18 .75, costs of $300.00, attorney's fees of $4,000.00, plus record costs. EVE . EISENBERG, Attorney for Plaintiff j,IDianeICOMPLAIN\NOVASTAR-SL YDER CUMBERLAND 4-0S.wpd VERIFICATION Nicole Tavlor is the Foreclosure Specialist of NovaS tar Mortgage, Inc. and is authorized to sign this Verification on behalf of same, and states that she verifies the foregoing Civil Action Frank and Gretchen Slyder Mortgage Foreclosure against and avers the statements of fa t therein contained are made subject to the penalties of 18 P A C.S. 94904 relating to the un om falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. 4'\t.U~ V, (~ NICoLE TA y~ Foreclosure Specialist DATE: _~~---:;'7__---;---;-;'--;; ;:..;;-,~ I . ij :~ n " " 'I u ii ~l " - - i1 <*l!l21413, -. "... ....... Jul.a.o' .~gpy; .---e .lIXH%8l: itA' ,\ " tlXIrG AWl or ftUl 'Jll\Jlan 1IIl:t0l 11&8 ~ RUU: .. IlCllllllLr.1r, 11%' IIIn. 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P ge 1/7 '. ;' :. t. '. ,.. . No_rNo~, Inc. P.O. 80. 2900 Shawnee HI$5Ion Kansas 66201 88!l.289,1208 Collectlon. 816.237.7483 FAX WV/W.no.astarcustamer.ccm March 07. 2005 Frank W Slyder Jr. ~eC!~ 1i;;;$J:ydteZ'. 216 Chestnut St Mount Holly Springs PA 17065-1210 RE: Loan No. 0000345298 Dear Mortgagor(s): ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on ur home is in d fault and the lender intends to foreclose. S e01f1c information about t e nature of the defau t is provi ed in the attached paqes. The OMEOWNER' S MORTGAGE ASSISTANCE PROGRAM REMAP) maEe able t hel to save our home. This Not1ce e lains how the r ram works. To see if HEMAP can hel au must MEET WITH A CONSUMER CRROIT CO AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice you when you meet with the Counse inq Aqency. The name address and hone number of Consumer Credit Couselin noies servin ur Count are liste at the en of this Not ceo If ou h ve an est10ns ou me call the Penn Ivania Hous n F1nance en to 1 free at 1-800-342-2397. Persons W1t i a1re hear1n can call 717-780- 869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorne in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE StlMA IMPORTANCIA, PUBS APECTA SU D A CONTlNUAR VIVIENDO EN SU CASA. 51 NO COMPRENDE EL CONTENIOO DE ES NOTIFlCACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGEN (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUM8RO MSNCIO ARRIBA. PUEDES SER ELGIBLE PARA ON PRESTAMO PeR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE S SU CASA DE LA PERIDA DEL DERECHO A REDIMIR SU HIPOTECA. _star MDI'tlI8ll.. Jne. P.O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 CONectlons 816.237.7-483 FAX w_.novasl:iu'clJstomer.com ~Vi STAR YOU UAVE NOT MADE MONTIlLY MORTGAGE PAYMENTS for the followin" months and the following amounts are now past due, 12-0~-04 through March 07, 2005 Other charges (explain/itemize) :$3788.13 Corporate advances 189.75 TOTAL AMOUNT PAST DUE: $ 3.788.13 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY ( 0) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE T THE LENDER, WHICH IS $ 3,788.13, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments mus be made either bv cashier's check certified check or money order made l),vable and sent to: Attn: Cashiering NovaStar Mortgage 8140 Ward Parkway Suite 200 Kansas City, MO 64114 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default with n THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri9hts to accelerate the mortgage debt. This means th t the entire outstanchng balance of this debt will be considered due immE diately and you may loee the chance to pay the mortgage in monthly inetall~fElnts. If full payment of the total amount past due is not made within TIll .'I"{ (30) DAYS, the lender also intends to instruct its attorneys to sta"t legal action to foreclose upon your mortgaqed property. NOVIIstar Mortl/lIlIe. InCo P.O. 80x 2900 Shawnee MissJon Kansas 66201 868.289.1208 Collel:t!ons 816.237.7~3 FAX www.novastarcustomer.com IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will by the sheriff to payoff the mortgage debt. If the lender refe case to its attorneys. but you cure the delinquency before the begins legal proceedings against you, you will still be require the reasonable attorney's fees that were actually incurred, up $50.00. However, if legal proceedings are started against you, have to pay all reasonable attorney's fees actually incurred by lender even if they exceed $50.00. Any attorney's fees will be the amount you owe the lender, which may also include other rea costs. If ou cure the default within the THIRTY (30) DAY eriod 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 mortga e. RIGHT TO CURE THE DEFAULT PRIOR TO SHIlRIFF'S SALE-If you have no the default within the THIRTY (30) DAY period and foreclosure pr - ceedings have begun, you still have the right to cure the default prevent the sale at any time up to one hour before the Sheriff's You may do so by paying the total amount then past due, plus any or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected the Sheriff's Sale as specified in writing by the lender and by p ing any other requirements under the mortgage. Curin our defau the manner set forth in this notice will restore our mort a e to same posit on as i you had never defaulte . EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the ear date that such a Sheriff's Sale of the mortgaged property could be would be approximately 4 months from the date Qf this Notice. sold s your ender to pay o ou will the ded to nable u cured and ale. ate with rform- t in he iest held A no ce of the actual date of the Sheriff's Sale will be sent to you befor the sale. Of course, the amount needed to cure the default will increas the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Novastar Mortgage. Inc. 8140 Ward Parkway, Suite 200 Kansas City, MO 64114 (888) 289-1208 (816) 237-7479 Collections Phone Number: Fax Number: Contact Person: -~ ff_r Mo~, Ine. P.O, Box 2900 SIt_ MISSicn Kansas 66201 888.2B9,1208 Collectlons 816.237,7483 FAA www.novastarcusb>mer.com .~N. - OVA STAR EPFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your owneuhip of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit eo remove you and your furnishings and other belongin~s could be started by the lender at any time. lto'AS~r MortlIaue, Inc. P.O. Box 2900 ShaWnee Mission Kansas 66201 888.289.1208 CoUectlons 815.237.7483 FAX www.novastaJ.QJstomer.com .---NoVA iTAR HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Frank W Slyder Jr. 216 Chestnut st Mount Holly Springs PA 17065 0000345298 NOVASTAR MORTGAGE INC NOVASTAR MORTGAGE, IHC. , Gretch n E Slyder HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOm HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY ~ JRTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMER1ENCY MORTGAGE ASSISTANCE: .. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CDNTROL, .. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR Me TGAGE 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) d,ys from the date of this Notice. During that time you must a=ange end attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETni G MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MOST BRING YOUR MORTGAGE UP TC 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 c nsumer credit counseling agencies listed at the end of this notice. the ender may NOT take action against you for thirty (30) days after the da e of this meeting. The names. addresses and teleohone numbers of desiamated consumer credit counsell.na aaencies for the county l.n which the OJ ooertv is located are set forth at the end of this Notice. It is only ne essary to schedule one face-to-face meeting. Advise your lender immediat Iv of your intentions. _. Mortgo"e, Inc. P.O. Ilo>< ~900 Shawnee Mlsslon Kansas 66201 888.289.1208 Collectl<ll1s 816.237.7483 FAX www,novastarc\JstDmer.ccm ~\'J6TAK APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in defaul for the reasons set forth later in this Notice (see following page for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, ou have the right to apply for financial assistance from the Homeowner s Emergency Assistance Mortgage Assistance Program. To do so. yo\ must fill out, sign and file a completed Homeowner's Emergency Assi tance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only con umer credit counseling agencies have applications for the program aI~ they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be fled or postmarXed within thirty (30) days of your face-to-face meet ng. YOU MUST FILE YOUR APPLICATION PROMl?TLY. IF YOU FAIL TO DO SO 0, IF YOU DO NOTFOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, ORE- CLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPL CATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibi ity criteria established by the Act. The Pennsylvania Housing Finan e Agency has sixty (60) days to make a decision after it receives your ~plication During that time, no foreclosure proceedings will be pursued ag.iust you if you have met the time requirements set forth above. You will ~e notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE,IF YOU ARE CURRENTLY PROTECTED BY '1'HE FILING OF A PETITION N BANKRUPTCY. THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLL CT THE DEBT. -Clf you have filed bankruptcy you can still apply for Emergency ortgage Assistance. ) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinq it up to date) . NATURE OF THB DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 216 Chestnut st Mount Holly Springs PA 17065 IS SERIOUSLY IN DEFAULT because; NONPAYMENT _b1r Mortgage, Inc. P.O. Box 2900 Shawnee MIssiOn Kansas 66201 888.289.1208 CollectIons 816.237.7483 FAX WWW.novastarcustomer.tom ASSUMPTION OF MORTGAGE-You mayor X may not: ll.: sell or transfer your home to a buyer or transferee who will as the mortgage debt, provided that all the outstanding payments, and attorney's fees and costs are paid prior to or at the sale the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE TIm RIGHT: * TO SELl. THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE D BT OR TO BORROW MONEY PROM ANOTHER LENDING INSTITUTION TO PAY OFF TH S DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR B HALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE ll.ULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HA THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PR EDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEPENSE YOU BELIEVE YOU MAY HAVE TO SUCH A ION BY _ THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY No..._ NOI'tgllGe. Inc. P,O. Box 2900 Shawnee Hlsslon Kansas 66201 888.289.1208 Collections 816.237.7483 FAX www.novastarcustomer.com March 07, 2005 ~k ..:Slyderc- Jr. Gretchen E Slyder 216 Chestnut St Mount Holly Springs PA 17065-1210 RE, Loan No. 0000345298 Dear Mortgagor(s}; ACI: 91 NOTICE TAXE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on our home is in efault and the lender intends to foreclose. S ecific informat~on about he nature of the default is prov~ded n the attache pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HBMAP) ma be able 0 hel to save ur home. This Notice la~ns how the r am work To see if HEMAP can hel ou must MEET WITH A CONSUMER CREDIT C UNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take th~s Noti e with you when you meet w~th the Counse ing Agency. The name address and hone number of Consumer Credit Couselin serv~n our Count are listed at the end of th~s Notice. If ou est ions ou ma call the Penns Ivania Hous n Finance en 011 free at 1-800-342-2397. (Persons w~th i aired hearin can ca I 717-7 0-1869.) This Notice contains important legal information. If you have an questions, representatives at the Consumer Credit Counseling Ag be able to help explain it. You may also want to contact an attor your area. The local bar association may be able to help you find lawyer. LA NOTIFlCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUBS AFECTA SO DERECHO A CONTlNUAR VIVIENDO EN SO CASA. SI NO COMI?RENDE EL CONTENIDO DE STA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIT.AMENTE LLAMANDO ESTA A BNCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL HOMERO MENCIO ADO ARRIBA. PUEDES SER ELGIBLE PARA ON PRESTAMO POR EL PROGRAMA L "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SAINAR SU CASA DE LA PERIDA DEL DERECHO A REDIMIR SU HII?OTECA. ------- N_tar Mortgage. Inc. P.O. Box 2900 ShaWnee Mlsslon Kansas 66201 888.289.1208 Collecllons 816.237.7483 fAX www.novastaroJstofner.tom ~'!J :AR: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12-01-04 through March 07, 2005 Other charges (explain/itemize) :$3186.13 Corporate advances 169.75 TOTAL AMOUNT PAST DUE: $ 3,788.13 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY ( of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE T LENDER, WHICH IS $ 3, 76B .13. PLUS ANY MORTGAGE PAYMENTS AND !.ATE WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. I?a ents mus either b cashier's check, certified check or mone order made and sent to. Attn: Cashiering NovaStar Mortgage 8140 Ward Parkway Suite 200 Kansas City, 1010 64114 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default wit in THIRTY (30) DAYS of the date of this Notice. the lender intends t exercise its riqhts to accelerate the mortgaqe debt. This means t entire outstanding balance of this debt will be considered due i and you may lose the chance to pay the mortgage in monthly instal If full payment of the total amount past due is not made within (3D) DAYS. the lender also intends to instruct ita attorneys to a legal action to foreclose upon your mortgaqed property. 0) DAYS THE CHARGES be made able at the ediately menta. IRTY art HowStar MorttPve. Jnc:. P.O. Box 2900 Shawnee MIssion Kansas 66201 888.289.1208 COnecl:lons 816.237.7483 fAX www.novilSlllrcustomer.COm IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will by the sheriff to payoff the mortgage debt. If the lender refe case to its attorneys, but you cure the delinquency before the 1 begins legal proceedings against you. you will still be required the reasonable attorney's fees that were actually incurred, up t $50.00. However. if legal proceedings are started against you. y have to pay all reasonable attorney's fees actually incurred by lender even if they exceed $50.00. Any attorney's fees will be a the amount you owe the lender. which may also include other reas costs. If ou cure the default within the THIRTY (30) DAY riod 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 mortga e. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have no the default within the THIRTY (30) DAY period and foreclosure pr - ceedings have begun, you still have the right to cure the defaul prevent the sale at any time up to one hour before the Sheriff's You may do so by paying the total amount then past due, plus any or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other coats connecte the Sheriff's Sale aa specified in writing by the lender and by p ing any other requirements under the mortgage. Curin our defau the manner set forth in this notice will restore our mort a e to same pos~t on as ~f you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the ea date that such a Sheriff's Sale of the mortgaged property could b would be approximately 4 months from the date of this Notice. An of the actual date of the Sheriff's Sale will be sent to you befo sale. Of course. the amount needed to cure the default will incre the longer you wait. You may find out at any time exactly what th required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: NovaStar Mortgage, Inc. 8140 Ward parkway, Suite 200 Kansas city, MO 64114 (888) 289-1208 (816) 237-7479 Collections Phone Number: Fax Number: Contact Person: sold your nder to pay u will he ed to nable ou cured Hest held tice e the se NavaStllr Nortgag., Inc. P,O. Box 2900 Shawnee MIssion !<ansas 66201 888,289.1208 Collections 816.237.1483 FAX www.novastarwstomer.CQm '~N OVi EFFECT OF SHERIFF'S SALE-You 9hould realize that a Sheriff's Sal end your ownership of the mortgaged property and your right to 0 it. If you continue to live in the property after the Sheriff's a lawsuit to remove you and your furnishing9 and other belonging be started by the lender at any time. --- ~- TAR will cupy ale, could N_r Mortg_lnc. P.O. Box 2900 Shawnee MISSIOn ~A. 66201 886.289.1208 COIledlons 816.237.7483 FAX www.novastarcustomer.com ~ NovPS :AR: , Gretchen E Slyder HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/ SERVICER: Frank W Slyder Jr. 216 Chestnut St Mount Holly Springs PA 17065 0000345298 NOVASTAR MORTGAGE INC NOVASTAR MORTGAGE. INC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR OMS FROM FORECLOSURE AND HELP YOU MAKE FtJTlJRE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MO TGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMER CY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CO ROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MO GAGE 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 temporary stay of foreclosure on your mortgage for thirty (30) da s from the date of this Notice. During that time you must arrange a d attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETI MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURB YOUR MORTGAGE DEFAULT", EXPLAlNS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the c credit counseling agencies listed at the end of this notice, the may NOT take action against you for thirty (30) days after the da this meeting. The names addresses and tele hone numbers of desi consumer credit counsel n a encies for the count ~n w ~ch the is located are set forth at the end of th s Not~ce. It is only ne to schedule one face-to-face meeting. Advise your lender immediat your intentions. nsumer ender e of ated oert essary 1 of NovaStar Morqage, Inc. P,O. Box 2900 Shawnee Mission Kansas 66201 888.289.1208 CoIIectIClM 816.237.7483 FAX www.novastarcustomer.com APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default the reasons set forth later in this Notice (see following pages specific information about the nature of your default.) If you tried and are unable to resolve this problem with the lender, y the right to apply for financial assistance from the Homeowner' Emergency Assistance Mortgage Assistance program. To do so. you must fill out, sign and file a completed Homeowner's Emergency ABsis ance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. only cons credit counseling agencies have applications for the program an will assist you in submitting a complete application to the Pennsylvania Housing Pinance Agency. Your application MUST be fi or postmarked within thirty (30) days of your face-to-face meeti YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO 0 IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, P RE- CLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLI TION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance limited. They will be disbursed by the Agency under the eligibil criteria established by the Act. The Pennsylvania Housing Finane has sixty (60) days to make a decision after it receives your ap During that time, no foreclosure proceedings will be pursued aga if you have met the time requirements set forth above. You will notified directly by the pennsylvania Housing Finance Agency of decision on your application. re very ty Agency lication nst you e ts NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION N BANKRUPTCY. THE FOLLOWING PART OF THIS NOTICE IS POR. INFORMATION PURl?OSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLL CT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency ortgage Assistance. ) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender n your property located at: 216 Chestnut St Mount Holly Springs PA 17065 IS SERIOUSLY IN DEFAULT because: NONPAYMENT NovaSQr Mortgage. Jnc. P.O. Box 2900 Shawnee Mission Kan5llS 66201 888,289, l208 CoIlectlons 816.237.7483 FI<:X www.novastarcustomer.com "11oY; TAR' ASSUMPTION OF MORTGAGE-You mayor X may not: \(,; sell or transfer your home to a buyer or transferee who will as the mortgage debt, provided that all the outstanding payments. and attorney's fees and costs are paid prior to or at the sale 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 D T OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TH S DEBT. .. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR B HALF. .. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE AULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER. YOU 00 NOT HA THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALEND YE:AR.) .. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PRe OR ANY OTHER LAWSUIT INSTITlJ'l'ED UNDER THE MORTGAGE DOCOMENTS. .. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO BY THE LENDER. ION '" TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY HEMAP Counseling Agencies pa e 1 of I PH FA liAx -. ClIIIn A._ EIKlIIIY BrianA. I Monday, _ 7, 2005 \!:l;!CK&GO _.____. _ __ _ ._____.iI Homeowners' Emergency Mortgage Assistance prog m Counselin Agencies .....Jl (....,.. CUMBERLAND COUNTY Adama County..-1IIt -1011 AuthQ<fly ~EHIg/l_ Gellysbulll. PA 17325 (117) 334-1518 ceca ofW-.., PA 2000 Ungloatown Rood Hanist><H'g. PA 17102 888-511-2227 CommunII)' AcIlon CommI_n 01 C.pClallloilon 1514 Oon'f- HlIITlIl><uV. PA 17104 (717) 232-9757 Lovoohlp,lnr:. 2320 _ 5Ih SInool Ha'rlobuIg. PA 17110 (117) 232-2207 ,......tha 43 Philadelphia A_ Wayneobora, PA 1nl58 (717) 762-3285 PHFA 211 NortIlFRlnlStreot H.rrilbll\l. PA 17110 800-342-2391 EIf_.. 3/7/2005 at 10:05:ll2 AM .MAp. o.-1Icno ~IheH_ EmorgoneyMortgage Alslo_f'1<9om _ ""drIdodlD_P 1lI1~_7. H_I Confor_ & E_ta, Contact U.I DInoctIoMI FullIt. Homo Bvyor Prog~m I /londb_ & ~""'I_n; l1lll'. . H_1ng Study 1_...' Rot.., logiolallve I ~""I_ & Ho_.' "'- Rolo....' Quoftorty 1lIocIoou.., Root.. Houal ; Prat R.quHt Fot prOp4rllal.' RIghI: To Know (PDF, 'Section' ContIact Adrnlnttt...Uon Capyri;hl 02005 Ponnoylv.nlo Houoln Soon;hPHFA I -.~Geogle- 1_ http://www.phfa.orglproglllmslhemapJlenderslbcaPage21.htrnl 03{0712 5 0 {g. 0 ......' 0 o:;::.J i:.:') -.1 ;;0 II l/( ~.,~ j,;.J'" ..-\ ~ V'\ "']-?' :r--rl \\- -~j P'f-:;:;: :;',) ~~\:~~ ;:3 ~ l:1. - ...-' "__, I -. \j ") I>'- ..--r, -cJ -0 \} [--J ~ '.,-:' r.. ~",,-'" {~l'-;i ---0 ~ ?'- (;....) , ~ ~ (.1 ~ ~"..... _I ~ ---L. - SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-01918 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOVAS TAR MORTGAGE INC VS SLYDER FRANK W JR ET AL R. Thomas Kline Deputy Sheriff, who being duly worn according to law, says, that he made a diligent search and inqu'ry for the within named DEFENDANT , to wit: SLYDER GRETCHEN E b twas unable to locate Her in his bailiwick. He therefore returns t e COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , SLYDER GRETCHEN E 216 CHESTNUT STREET MOUNT HOLLY SPRINGS, PA 17065 DEFENDANTS FILED BANKRUPTCY. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So answers: ? /~___ ----:::::: ..... .- _~,_;""-c::;:;;:;;:c:::--.- . ------ ~,-..:--0:/~~-- R. Thomas Kline Sheriff of Cumberland County STERN & STERCHO 04/19/2005 Sworn and subscribed to before me this o(~f day of t?-r:L 1::-: 7;j:.xk-.r- J~_ Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-01918 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOVAS TAR MORTGAGE INC VS SLYDER FRANK W JR ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according 0 law, says, the within COMPLAINT - MORT FORE SLYDER FRANK W JR DEFENDANT was served upon th , at 0820:00 HOURS, on the 18th day of April at 216 CHESTNUT STREET MOUNT HOLLY SPRINGS, PA 17065 FRANK W SLYDER JR 2005 by handing to a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing His attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 Sworn and Subscribed to before me this r?(j - day of ~ c=J. 0"" j-- A.D. t' - - -?Yl~.A~O - Prothonotary -u-----...J So Answers: /V/ ,..1/ ~ .~.-~~""""'~;!;'r~~1~, ".r,~ '7 ,"-;--"YA"" ',! ~ " ~ R. Thomas Kline COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 NOV AST AR MORTGAGE, INC. VS. NO. 05-1918 CIVIL FRANK W. SL YDER, JR. AND GRETCHEN E. SL YDER MOTION FOR SPECIAL ORDER DIRECTING SERVICE BY POSTING AND CERTIFIED MAIL PURSUANT TO PA. R.c.P. 430(a) TO DEFENDANT. GRETCHEN E. SL YDER 1. Plaintiff is Novastar Mortgage, Inc., which is the holder of a Note executed by defendants, secured by a mortgage on their real estate located at 216 Chestnut Street, Mount Holly Springs, PA 17065 ("the premises"). As a result of defendants' default on said mortgage, laintiff filed a Civil Action-Mortgage Foreclosure on April 14, 2005. 2. The whereabouts of defendant, Gretchen E. Slyder, whose last-known address ccording to Plaintiff's records is 216 Chestnut Street, Mount Holly Springs, PA 17065, are nknown, and accordingly, all attempts to serve said defendant pursuant to the usual process rescribed by Pac R.C.P. 400-405 have been futile. 3, Pursuant to Pa. R.C.P. 430(a), an investigation has been made to determine the hereabouts of the defendant and the reasons why service cannot be made. Attached hereto and ade part hereof as Exhibit" A" is an Affidavit stating the nature and extent of that investigation. :IDianelPOSTING MOTlONSINOV AST AR-SL YER CUMBERLAND 5-05. wpd 4. Pursuant to Pac R.C.P. 430(a) and Pa. R.C.P. 41O(c)(2) and (3), this Court may enter a special Order directing that service be made by posting a copy of the Civil Action and all further notices requiring personal service in the above-captioned matter, on the most public part of the property or by certified mail to the defendant's last-known address. WHEREFORE, Plaintiff, Novastar Mortgage, Inc., by its attorneys, moves this Honorable Court to enter a special Order directing that service be made by posting a copy of the original process on premises 216 Chestnut Street, Mount Holly Springs, PA 17065 and by sending a copy of the same to the defendant at her last-known address being 216 Chestnut Street, Mount Holly Springs, PA 17065 by certified mail, return receipt requested and by regular, first-class maiL Respectfully submitted, oIDiane\POSTING MOTIONS\NOV AST AR.SL YER CUMBERLAND 5-05. wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 LD. #75736 NOV AST AR MORTGAGE, INC. VS. NO. 05-1918 CIVIL FRANK W. SLYDER, JR. AND GRETCHEN E. SL YDER AFFIDAVIT OF INVESTIGATION I, STEVEN K. EISENBERG, being duly sworn according to law, depose and say that I am counsel for Plaintiff, Novastar Mortgage, Inc. in the foregoing action and that the following efforts were made by my office to serve the defendant, Gretchen E. Slyder with Plaintiff's original process and to determine the present whereabouts of said defendant: 1. Service of Plaintiff's Civil Action was attempted by the Sheriff of Cumberland County. However, service could not be effectuated on defendant, Gretchen Slyder. See Exhibit "B" which is attached hereto and made a part hereof. 2. Plaintiff checked with the U. S. Postal Service and was advised that the defendant 's receiving mail at this address; that there is no change of address order on file, See Exhibit "C" hich is attached hereto and made a part hereof. 3, Plaintiff then sent an inquiry to the Department of Motor Vehic1es and according o the records it maintains, the defendant is registered at 216 Chestnut Street, Mount Holly prings, PAc See Exhibit "D" which is attached hereto and made a part hereof. ,\Diane\POSTING MOTIONS\NOV AST AR~SL Y 4. Finally, Plaintiff sent an inquiry to the Department of Voter Registration in Cumberland County and according to the records it maintains, the defendant is registered at premises 216 Chestnut Street, Mount Holly Springs, PA. See Exhibit "E" which is attached hereto and made a part hereof. This information is true and correct to the best of my knowledge, information and ! belief. STERN AND STERCHO BY: / ,/// STEVEN K. EI NBERG Attorney for Plaintiff Sworn to and subscribed before me this L.j +nay of ~ ,2005. ,LJ ~d ,C -> NOT ARIAL SEAL DIANE J TURANO Notary Public Jenkintown Boro. Montgomery COU~\y My CommisSion Explfes October 31,2006 ,\Diane\POSTING MOTIONS\NOV AST AR-SL YER CUMBERLAND 5-05. wpd SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-01918 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOVAS TAR MORTGAGE INC VS S~YDER FRANK W JR ET AL Ri Thomas Kline , Deputy Sheriff, who being duly sworn aqcording to law, says, that he made a diligent search and inquiry for tr e wi thin named DEFENDANT , to wit: SIYDER GRETCHEN E but was urable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to th/o within named DEFENDANT , SLYDER GRETCHEN E 211 CHESTNUT STREET MO~T HOLLY SPRINGS, PA 17065 , DE ENDANTS FILED BANKRUPTCY. She iff's Costs: Do keting Se vice Af idavit Su charge 6.00 .00 .00 10.00 .00 16.00 So answers ~ /_/~ ._' .~~. R. Thomas Kline Sheriff of Cumberland County ---..... STERN & STERCHO 04/19/2005 Swo n and subscribed to before me thi day of A.D. Prothonotary P~..:.s:et MOUNT HOLLY SPRINGS, PA 17065 C1t'r' S'l:l(c, ZIP Cocle Lr.rte APRIL 13, 2005 Req'-l~ for Ch:r.n9" af Add= af 13<lx.l'1<l!der '[n{a=can N.....ded far:.ema ot L.c~t i'~ _~ fllmi:::l'llhe new ac!d= artne n.:!me an<:! ~ aQclr= (it a ba;xhald.".farthe lI:ln"""l19: i H me: GRETCHEN E. SLYDER A dr=: ? 16 CHFSTNIIT STRFFT MOIINT HOII Y SPR I NGS. PA 1706s N T'E: The n.ame and 10lSt i<nown aCdr= are ~uir1Xl tor ch.;I.nge of acl<::= imm'l'lticn. Tn.. name, it :"1own, and . ot1'!o: box' adcl= ,,<;> r<oquired lor .boxhalder Infarm%tlan. . . e '(allowinc inlorm=tion Is pra"ideo:! in "=roance witll 39 Cf'R..Z53.5{(fJ(5)(ii). nere is no r~ for pravidinQ xl10lcler intorTl1:1\ion. The fee tor provldinlJ <:hange 01 add= in/orm.mon ~ W'2M:d in a=rC..anCt! with 39 CFR ;: .5.6(d)(1) and (2) an.d cococspond1no Administr.ltive Support ManLlal 35243 and b. C.apacity al ~Lll!..Sler (e.g.. pro= server, ac:omey, party ",ptl:Sl>lltlnq . II): AttOr!1ey . SlOiMe or regulation tIIal empowers me 10 serve pro= (not require:::! wneit ~ues:er i3 an ar.amey or a par.y nil pro se . eo:o:pt a cor;:ar:l\ion acting pro semust. cite . e): ' :I. The names or all knCwnpartles 10 the litig:rtion: A~D GRETCHEN E;-SLYDER , NOVAS TAR MilRTGAGE tNC. VS. FRANK W. SLYDER. JR. I I . .(. The court in wnic:h tile =e lias been.or will. be lle:ar:l:' S. The c10det or other id..ntifyinll number if one has ce-...l1 is:iue:l: . e. The c:apadry In .....hidl this individual is to be .se:ve:l (e.o. deteodartt or . . =): Defeudant.s . - WARNING . SUl!I.l=ON OF FAI..:Se: INFClWA.10N to 05,,l,lN Al<Q use; OUNGa OF 1.:101'.= ll-lFOPJ,lAilOH Of'. aOXl-loUJE.'\ \rlFOIO.o.'1lCl-! ~y PURPOSE 0'Tl'E'l. 'l1-'M Ili?: SERVlCE Oi' t.=:=t. PROCSSS iii CONNCCTlON Wr."rlAcruAt. OM PROSP ec'llVO U'l'lc.:. ,ION '0 ""SUI. T IN CRD.lll'U.t. P~~ INCl..UQU-lG.... F\Na OF UP TO S10,OOQ OR OolP~"[' OR (:Zl to ~WIO ",,;O.\:.N1' OF ~ FOR CHANGe. OF ACCR= INFOl'lM.l<TI<:lN OF HOT MORe: n-wi 5 r"-"RS. OR BOlli (T'm.: 1 a U.S,C, secnoN1001). - . . ity th<rt the above in/ormation Is we and t!1a! tt1e address information Is needed and Wl11 be used soleiy rap '"" of a\ = in cnnedon with ac::ual or prospective 1lligation. 'OttL / UC'J2.t?' . 410 'the Pa-vll:1ou . {YIIl1 ~ -rl, 1'5 d-S-7 M~ \ ~~ C , NAME, anet STRS_ -::: "'i\, c:.'_,'i.'.;:: -p" 7> .M ,.,.-,', t, .' ~',~ ~-<:1 T OEflFElJSE om".Y ~o Clange ot ad::! t- , ;.;.~, ,-t:'",",- PENNSYL lIA DEPARTMENT OF TRANS POI TION BUREAU OF DRIVER LICENSING BASIC DRIVER INFORMATION APR 18 2005 DRIVER: GRETCHEN E SLYDER 216 CHESTNUT STREET MT HOLLY SPGS, PA 17065 DRIVE~ LICENSE (DL) ~ ~ ~ R _ _ _ . _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ - _ _ - - - - - LlCENSEICLASS : LICENSE I ISSUE DATE: LICENSE EXPIRES MED RES RICTIONS LEARNER PERMITS LICENSE STATUS C MAY 24 2003 JUN 15 2007 1 DRIVER LICENSE NO DATE OF BIRTH SEX RECORD TYPE PAGE 1 16046483 JUN 14 1946 FEMALE REG LICENSE COMMERCIAL DRIVER LICENSE (CDL) CDL LICENSE CLASS CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS NONE CDL RESTRICTIONS NONE CDL LEARNER PERMITS: CDL LICENSE STATUS SB ENDORSEMENT PROBATIONARY LICENSE (PL) - - - - - . - - - - - - - - - - - - . . - - - - - - - - - - - - - PL LICENSE CLASS PL LICENSE ORIG ISS: PL LICENSE ISSUED PL LICENSE EXPIRES : PL LICENSE STATUS : OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS OLL LICENSE ISSUED : OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** END OF RECORD *** ~ LAW OFF1CES STERN AND STERCHO RICH"\RD F_ STERN ~ W. ~TERCHO (1955-2003) STEVE~ K. EISENBERG' (215) 572-8111 FAX NO_ (215) 572-5025 RICHARD F. STERN rs tern@sternandstarcho.com 410 THE PAVILION JENKJNTOWN, PA 19046 OAdmitttd to pra<;tice in Po end NJ , STEVEN K. EISENBERG sa i san be rg@sternondstarcho.com April 13, 2005 : FRANK W. SLYDER, JR. AND GRETCHEN E. SLYDER URCLIENT: NOVASTARMORTGAGE. INC. oter Registration Department umber land County Courthouse Courthouse Square arlisle, PA 17013-3387 ear Sir or Madam: lease provide me wi~ the current address for the following individual whose last-known address is indicated below: Ifrank W. Slyder, Jf. c/ ~ 16 Chestnut Street ount Holly Springs, PA 17065 Gretchen E. Slyder 216 Chestnut Street Mount Holly Springs, P A 17065. sr hank you in advance for your cooperation. Very truly yours, ~~RG S 11m C:) E closure ~ . ~ ~ ~ .:to. if - Q:) ~ 1> !fi ~ '"'"1 - ~. <<::I Lor~ ~i c\-rcJl- . :;-;;";"tl . \~}Z; . . "';';\'::"_:')'-"",,(5',">:;:,i:'_',::,-,',:: ,_,' :i\~~,.:! -"'\,;;;: ,;X+",_;,~";,,\,:,,,;;i:,:! s=~ r---' Cl (:-:-~ t:f' I . :l , " , ;\ ,- C;-, ," c,.) ~- C.) ----, -( \..i'" RECEIVED MAY 0 91Wi j COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D, #75736 NOV AST AR MORTGAGE, INC. VS. FRANK W. SLYDER, JR. AND GRETCHEN E. SLYDER ORDER NO. 05-1918 CIVIL AND NOW, this 10 day of t\ItCU.1 \ Plaintiff's Motion for Special Order Directing Service of its original process By Posting and , 2005, upon consideration of Certified Mail Pursuant to Pa. R.C.P. 430(a), it is hereby ORDERED AND DECREED that defendant, Gretchen E. Slyder shall be served by posting a copy of Plaintiff's Civil Action on premises 216 Chestnut Street, Mount Holly Springs, PA 17065 and by sending a copy of same to defendant at her last known address being 216 Chestnut Street, Mount Holly Springs, PA 17065 Ct.4A~ t.,..~ by certified mail, return receipt requested and by regular, first-class mai) .>' (w.{)\0-<v''(, ~JL .u:... ..' 1A,._.~luJ:.J L~ '~v.~ ~JL- 0:..-- i~~ J~ ~.."~, ~.)'~ /k:Wlt-L ~ ._0Y~ /Y\~ .p Lwl- 1/U'tJP- v~ BY THE couwf: ~. / (, '1'~ . /J'l.e.q .-/A'l ~ ~- ..~ ~~...~~ ~.d~, &-LL 4JV~-I ~ ~~~ ~.~~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 J.D. #75736 NOVASTAR MORTGAGE, INC. VS. NO. 05-1918 civil FRANK W. SLYDER, JR. AND GRETCHEN E, SL YDER PRAECIPE TO REINSTATE CIVIL ACTION TO THE PROTHONOTARY: Kindly reinstate the attached Civil Action so that service can be made on the defendants. STERN AND STERCHO BY~~~~ S VEN K. EISENBERG Attorney for Plaintiff DATE: 5/20/05 ],\Diane\COMPLAIN\NOVASTAR-SLYDER CUMBERLAND 4-OS.wpd ,- \_.;] (""..'1 {",-;; .-;"\ ::::1 , ,-~ 0~ r0 - (.~:: - ( -- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 NOV AST AR MORTGAGE, INC. NO. 2005-1918 CIVIL VS. FRANK W. SL YDER, JR. AND GRETCHEN E. SL YDER CERTIFICATE OF SERVICE 1, STEVEN K. EISENBERG, attorney for the within Plaintiff, hereby certify that Civil Action Mortgage Forclosure was mailed to the Defendant Gretchen E. Slyder by certified mail, return receipt requested and regular mail on May 27,2005 and by publication pursuant to court order dated May 10, 2005 as evidenced by copies of certificates of mailing attached. STERN AND STERCHO ~~~ STEVEN K. EISENBERG Attorney for Plaintiff 6/1105 ."~...;.;.;...~.;.;-:-:.;.;-.;-..:-"'.;.';.;.'--:--- " . < j USE I ..- I ,,:~~" j.'. ".. -D' c:;,t=" ~~~ , a He'" ~1, -.' - /,. ..II ~~I"\ ,? ; <U.;'OY ._j lPosta.e&Fee. $ -_.- \ -- 0 fdf!gfl._L-------.-L31.-clt.t:.m--------m- -APiNO . ;j;'ji#t~~it1L!~-s -----:---.-i--tF&. . . . Postage $ Received From: STERN & STERCHO Attorneys at Law The Pavilion W~I"'" .... ~fee h~e in stamps or .ter ~stage and ~~a Inquire of t-:-, ef.'f'\ cwent :;gl;) o~11 o U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE-POSTMASTER . , lenkintown, PA 19046-3722 HOILf .7fri/'JG 5 I "fA If-'O, 5 PS Form 3817, Mar. 1989 . .~. '.- " <2 <r "",,,0::' rt1fP %"~~ 'ZC:, (JJ."' -'3,-' r.,e:t.... ~(') ~O yC: ~ ~ ~ 'e ~ I '" --0 ::J'- '-i! c::> C1' <;f. ~:Q -ahJ ~~, 6'" C;1:(''> 6,"0 A '};: ?l SHERIFF'S RETURN - REGULAR CASE NO: 2005-01918 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOVAS TAR MORTGAGE INC VS SLYDER FRANK W JR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon SLYDER GRETCHEN E the DEFENDANT , at 0020:00 HOURS, on the 25th day of May 2005 at 216 CHESTNUT STREET MOUNT HOLLY SPRINGS, PA 17065 by handing to POSTED PROPERTY AT 216 CHESTNUT ST, MT. HOLLY SPRINGS a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service POSTING Surcharge So Answers: 18.00 5.18 6.00 10.00 .00 39.18 r~#!> R. Thomas Kline OS/27/2005 STERN & STERCHO Sworn and Subscribed to before By: ~71 me this ~.~ day of q,.~"f AD. Q !}uPC... ~ - P othonotary ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 LD. #75736 NOV ASTAR MORTGAGE, INC. NO. 2005-1918 CIVIL VS. FRANK W. SLYDER, JR. AND GRETCHEN E. SLYDER CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, attorney for the within Plaintiff, hereby certify that Civil Action Mortgage Forclosure was published once in the Cumberland Law Journal and a newspaper of general circulation pursuant to court order and evidenceri by copies of proof of publication attached. STERN AND STERCHO ~~~ STEVEN K. EISENBERG Attorney for Plaintiff 6/29/05 \' PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel. of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL. a newspaper of general circulation in the Borough of Carlisle" County and State aforesaid. was established December 13th. 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 08, 2005, COPY OF NOTICE OF PUBLICATION IC , ,A ORI;l:TQ '..,( t,AWY R; rm,IN'_ATlQN ABOUT AQI!!ICI $_ _''. .' Ell T-Cl'ELIGIBLI!,PERIlONS AT'A IlEollqeO'l\l!,E , II :'ORNOI'!!E:.1''''~' ::n ,:0;; ,\ ". ,~;,.: . " " ,i My commission expires: q I or ''-;'.' , ,~,,-- (,:-/L;:V ;,'~.~7.,~;,:~LJ\wY~~I;f;~taRAt.,~~RWC~2,;';~~~~~1If~~',~rf'~~)?\~ :r"',,:,.,l'\;:', :';:' ""',::~:,~r ~l'~,", coua'tADMINIS1"RATOR".., ";' ;-f.>:r-;:".t'~"i?t:~\'.i)::i":!F:,L':';i,, '~:':t:~,~t~;:..:;~,~j':!f~:';:;:fJ\'tlJ:MBERl.ANDCOVNr( COYRTHOUS~"':"'"~~,';(r "':-~,'-':',~?'-'~;~' ". ~ :"j?1t~~~ft~i.~~~~r~trr::,";"';~ ',>::::";.41ftFLOO,R",:; -- ' ',;.,-(' f--, \ .':', C'!'., ,l'~' . .-" 'CARLlSLE,PA17013 ., k/:~~;)( 4J. ::.0.~ .,::~",.;~".. '717 ~240~6200, ':':'r;.c,"hfl; <',ir,~';~':U5i~v;'; : " " '. , STEVEN j(~EtS~NBERG . AnOIlNEV FOil P~INTIFF , , . STERN'" STERCHO ' ' , 410,-TIi'ePavlllon' ~,~;,' , 'JenklntoWn;PA 1,9046" 215,572-8111 ~." ....~~ .~~i.' "u ~ .' "h"",,",A .'li~m "- ~ '. > "~~~,,,_ C:',,"'~ ,~, ',:~ 't T ~ ,~ - ~ , t : , \\ " ~\-::" I .~ . N THE COURTtlF COMllQN PLEAS OF , ' MBERLANO COUNTY: PENNSYLVANIA .. qc::~~ts~~?: CI't.~ ,'. .,'! Affiant further deposes that he/ she is not , c/,,;::';> '~~~I~E.OF ACTION IN MORTGAGE FORECLOSURE: ,,' "..:, interested in the subject matter of the ov;sfA.k~6'~f~~GE, INC" PLAINTIFF v~. FRANK w. SLYOER,JR:.rid.' --" aforesaid notice or advertisement, and that GRI!TCI:Il;N ,e.. SLYDER, DEFENDANTS, " ' all allegations in the foregoing statement ~i~1l1S1: I'/:E..'SLYDER: D-;i;;~;;~';--:;~o~I..~~rlbWIi-Md'.""I"e-I&_t""t. as to time. place and character of t~~t~ i;~~:rt:::~:!:::~!;:::~~::~~;c.h.~fll.J~i ",: publication are truer) A_/J ~~ ~ LA / ~;fJtl%1i1:J:~e~'r~;';!'~~~~y?v~~,l~d~~r~:~y~a,,~, 1- '1I11Wl i'11 ( J tJ lYCWI~ .8rel"P,J"'lntlft~M~~fqf8PIQ~O"th~1~'l~.g~se,cLl.~Qf\,< ~ 246lilheSlil&t'stlael" MOont Holly sprrng.,1'Ai 7065, !,_, ,.' &~'Wp~~'b'ffSi;il~;tfYf;t~ii(Sherltfl;ofpum-:~ff~~p:.:9P~Il~~: r-':,~:t; ,"':! i".::",,: ,,~:,.:f~;':,;f:"i:I "',"';:':""::;':'::'::":': ','; ','.':,::',\,J ,_,,1~:'":~-':,,\,::, o";~j6~Rt~dtQalniVi:~~~~~;~:J~~~:1 Sworn to and subscribed before me this ~ciu'mUSI take -\WanlY (~O) day. afte.!thl....,,' " , . 'I 08th d f J 2005 ce,a~s8rv'd:bY1'nt.r1ng~,wrttteQ'JPpe~lra-".gepe~pn..lly<?r~YI _ ay 0 unel,_" " . ,!1g;in wrltln~wltttJ"!i i(3:Q~,:Yo.v.~:~~'en~es,o~opl~~IOn,,~,to,.t,tt~;l:,I'!~.S/"'t ,fist you. You, a:re,w~m8<l:th~~if;,~:\!:faIJ}q ck? s~::the,ca~ift,.yp~~d'::';,i "'6d'..tudgemehtl'i'laY:b.entire~'agalni3t.You bY,tt:tl9;.c'9.P.rt~lt,b,?U~'i'l,~'''':1 r:-~ fA 1'i:..nVmoney clalmedln.the'CC).m"I,alntpr,for:8flY;d!1:u~r~!alrn:~t, ,h#t, . ~. II"~ (t~the"!'18ll)tltf.Voum,ay,I~8e:~l)eYQr.p.ropertyor.~~t'!~r,r1~h,~:lnT~;",.:). _ _V _'..A i~Q w;"- ,*: .,- , ", ,c.' '-----" "--. " ;"" -I' 'j", -- . Notary Pu c COMMONWEALTH OF PENNSYLVANIA Q Notarial Seal Chlistina L. Wdife, Notary Public CcI~isIe 80m, Cumbar1and County My Commission Expires Sepl1, 2008 Member. Pennsylvania Association Of Notaries 't . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberlatld 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, anddesig;13ted 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 June 17,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. l-- - Li a Marie Coyne, TO ANI) SUBSCRIBED before me this 17 day of June. 2005 SEAl. LOIS E. SNVDER. NolaJy Public Carlisle Boro. CtlllbeII8nd County My CommissIon E_ Man:h 50 2009 . . , CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County. Pennsylvania Civil Action-Law No. 05-1918 Civil NOTICE OF ACI'ION IN MORTGAGE FORECLOSURE NOVASTAR MORTGAGE, INC., PLAINTIFF vs. FRANK W. SLYDER, JR. and GRETCHEN E, SLYDER. DEFENDANTS TO: GRETCHEN E. SLYDER, Defen- dant, whose last known address Is 216 Chestnut Street, Mount Holly Sprtngs,PA 17065. CML AC110N- MORTGAGE FORECLOSURE You are hereby notified that Plain- tlff, NOVASTAR MORTGAGE, INC.. has filed a Mortgage Foreclosure Com- pla1nt endorsed with a Notice to De- fend. a.gaJnst you in the Court of Com- mon Pleas of Cumberland County, Pennsylvania. docketed to No. 05- 1918 Civil, wherein Plaintiff seeks to foreclose on the. mortgage secured on your property located, 216 Chestnut Street, Mount Holly Sprtngs PA 17065; whereupon your prop~ erty would be sold by the Sheriff of Cumberland County. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the notice above. you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your de- fenses or objeetions to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NCrr HAVE A LAWYER GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH THE INFORMATION ABOUT HIR- ING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PRO- VIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OF- FER LEGAL SERVICES TO ELI- GIBLE PERSONS AT A REDUCED FEE OR NO F1~E. LAWYER RE:FERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUN'IY COURTHOUSE 4th Floor Carlisle. PA 17013 (717) 240-6200 STEVEN K. EISENBERG, ESQUIRE STERN & STERCHO Attorneys for Plaintiff 410 The Pavilion JankJntown. PA 19046 (215) Sn-811l June 17 4 (') c: -:;"". ~[. ~.t: r~'i:"; ....c :z ~ ...., = = eft <- c: . , ~ :C ~.::!J~ =Q (--:; '"~c:::H Q5 "::-rn 9 ~ '-< -0 ~ w U1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 l.D. #75736 NOV ASTAR MORTGAGE, INC. VS. : NO. 05-1918 Civil Term FRANK W. SLYDER, JR. AND GRETCHEN E. SL YDER PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendants FRANK W. SL YDER, JR. AND GRETCHEN E. SL YDER for failure of said Defendants to file a responsive pleading to the Complaint within twenty (20) days after service thereof. Please assess damages as follows: BALANCE DUE $ 80,728.89 INTEREST (accrued thru 7/8/05 of$5,515.02. Interest after 7/8/05 shall accrue at the per diem rate of$22.03.) 5,515.02 LATE CHARGES (accrued thru 7/05 of $303.45. Late charges after 7/05 shall accrue at the monthly rate of$43.35.) 303.45 ESCROW ADVANCES 153.77 FEES BILLED 37.50 RECOVERABLE BALANCE 189.75 COSTS 300.00 J :\Anne\Sales\Cumberland\NovaStar.Slyder.6.05.wpd ATTORNEY'S FEE 4.000.00 TOTAL $ 91,228.38 STERN AND STERCHO BY: ~S VEN K. EISEN RG, Attorney for Plaintiff J :\Anne\Sales\Cumberland\NovaStar.Slyder.6.05.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 LD. # 75736 NOV AS TAR MORTGAGE, INC. VS. : NO. 05-1918 Civil Term FRANK W. SLYDER, JR. AND GRETCHEN E. SL YDER AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF MONTGOMERY 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: 216 Chestnut Street, Mount Holly Springs, P A 17065 2. Are over the age of twenty-one. 3. Are not now nor have been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. COMMONWEAl.TH OF PENNSYLVANIA NOTARit\L SEAL HELEN CAPASSO, Notary Public Jenkintown Bora, Montgomery County My Commission Exr"'es October 21, 2008 Sworn to and s)J;~ribed before me t,\lisd' day ~~~;~ J :\Anne\Sales\Cumberland\NovaStar.Slyder.6.05.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. # 75736 NOV AST AR MORTGAGE, INC. VS, : NO. 05-1918 Civil Term FRANK W. SL YDER, JR AND GRETCHEN E. SL YDER 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. RC.P.237.1. A true and correct copy of said notice is attached hereto. RCHO BY: S VEN K. EISENBERG, Attorney for Plaintiff J :\Anne\Sales\Cumberland\NovaStar.Slyder.6.05. wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NOV AST AR MORTGAGE, INC. VS. NO. 2005-1918 CIVIL FRANK W. SLYDER, JR. AND GRETCHEN E. SLYDER To: Frank W. Slyder, Jr. 216 Chestnut Street Mount Holly Springs, PA 17065 Gretchen E. Slyder 216 Chestnut Street Mount Holly Springs, PA 17065 Date of Notice: June 28, 2005 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 mDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, [YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:] YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER. 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 BE6.BLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR 4TH FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 STERN AND STERCHO BY+~~ STEVEN K. EISENBERG Attorney for Plaintiff 410 The Paviliul1 Jenkintown, PA 19046 (215) 572-8111 to. #75736 J ,lAngel.\TeD D.y\Cumberland\NOV AST AR.SL YDER.CUMBERLAND.IO,DA Y.6.05. wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 J.D. # 75736 NOVASTARMORTGAGE, INC. VS. : NO. 05-1918 Civil Term FRANK W. SL YDER, JR. AND GRETCHEN E. SL YDER CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriff's Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No, 621 because notice, as required, was sent to Defendants and no timely response was made. BY' STERCHO TEVEN K. EISENBERG, Attorney for Plaintiff J :\Anne\Sales\Cumberland\NovaStar.Slyder.6.05.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEYEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 LD. # 75736 NOY ASTAR MORTGAGE, INC. YS. : NO. 05-1918 Civil Term FRANK W. SLYDER, JR. AND GRETCHEN E. SL YDER CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: NovaStar Mortgage, Inc. 8140 Ward Parkway, #200 Kansas City, MO 64114 Frank W. Slyder, Jr. and Gretchen E. Slyder 216 Chestnut Street Mount Holly Springs, P A 17065 BY: ---------- S YEN K. EISENBERG, Attorney for Plaintiff J :\Anne\Sa\es\Cumberland\NovaStar.Slyder.6.05. wpd fJ ~ t ~ ---0 ~ 1- C> CY R ...... ~ FE! "- () ...., () C7! \"" c (:...;, -n en D ----I )..J -- <- I-n ~ c: t ..t:::.. 1'-- rnp:' ~ -ryQ! Il.r :-TJt.,J W ':'.:1t) r: J:- -n .,: .'l~ -',~ Sf~ ";':? "'1 :c" :-=-1 '1) -<: N '< INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION vs. Frank W. Slyder, Jr. and Gretchen E. Slyder ( ) Confessed Judgment ( X) Other File No. 05-1918 Civil Term AmountDue $ 91,228.38 frQm 7/8/05 at the per diem rate Interest ~u. 03 until judgment is paid in ot full Caption: NovaStar Mortgage, Inc. Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) 216 Chestnut Street, Mount Holly Springs, PA 17065 (See full legal description attached) County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real tate of the defendant(s) described in the attached exhibit. Date July 8. 2005 Signature: Print Name: Address: Steven K. Eisenberg The Pavilion 261 Old York Road. Suite 410 Jenkintown, PA 19046 Attorney for: Plaintiff Telephone: (215) 572-8111 Supreme Court ID No.: 75736 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. f ~ r- ....... ~ ~ ~ "9. 6"- ~ .~ w ...... ~ ~ ~ .er-, :--0 -.0 0- ........ :--- ~ h '1 D ~ "'l e- ll} .... D r .... ~ D (). 0 0 0 "Q 0 D () 6' D C> II'- I I I ......, () I (") c:, 0 .10 p~ C; c.:.."') -n .l::. C....-J L ~ ~ ~ ::: , '-- .-l , ~ ~ ~ , = T" , nlj=" +~ r-- ~;:!G ~ , , , w ~;'~~ ;~~ - " , , - ():j-r- '- ...-":"-." , - - -0 ~2~ V - ~ , :l'~ , '. (::5rT1 ru- e.,.) .--.1 0 'le' :-;i ::~; l -, N .<. , 23-32-2336-156 ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the West by Chestnut Street; on the North by land now or formerly of Rankin Stover; on the East by an alley; and on the South by land now or formerly of Lawrence A. Ferree and Winifred K. Ferree, his wife. HAVING a frontage of 94 feet, more or less, on Chestnut Street and extending 180 feet, more or less, in depth to the alley in the rear, an even width. BEING improved with a two story brick dwelling house known as No. 216 Chestnut Street. UNDER AND SUBJECT to any and all covenants, conditions, reservations, restrictions, limitations, right-of- ways, objections, easements, agreements, etc., as they appear of record. BEING the same premises which Frank W. Slyder, Jr., married man, joined by Gretchen E. Slyder, his wife, by Deed dated May 20,2003, and recorded May 21,2003, in Book 257, Page 870, granted and conveyed unto Frank W. Slyder, Jr. and Gretchen E. Slyder, husband and wife, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1918 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NOV ASTAR MORTGAGE, INC., Plaintiff (s) From FRANK W SL YDER, JR. AND GRETCHEN E. SL YDER (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $91,228.38 L.L. $.50 Interest FROM 7/8/05 AT THE PER DIEM RATE OF $22.03 UNTIL JUDGMENT IS PAID IN FULL Atty's Corom % Atty Paid $165.18 Plaintiff Paid Date: JULY 13, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) prothon~ ~ '------J3y: ,,~ . ~p. . 'll/J./L ~ Deputy REQUESTING PARTY: Name STEVEN K. EISENBERG, ESQUIRE Address: STERN AND STERCHO THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKlNTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 J.D. # 75736 NOV ASTAR MORTGAGE, INC. VS. : NO. 05-1918 Civil Tenn FRANK W. SL YDER, JR. AND GRETCHEN E. SL YDER AFFIDAVIT PURSUANT TO RULE 3129.1 STEVEN K. EISENBERG, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following infonnation concerning the real property located at 216 CHESTNUT STREET, MOUNT HOLLY SPRINGS, P A 17065. 1. Name and address ofOwner(s) or Reputed Owner(s): Frank W. Slyder, Jr. and Gretchen E. Slyder 216 Chestnut Street Mount Holly Springs, PA 17065 2. Name and address ofDefendant(s) in the judgment: Frank W. Slyder, Jr. and Gretchen E. Slyder 216 Chestnut Street Mount Holly Springs, P A 17065 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 ofthe last recorded holder of every mortgage of record: N/A J :\Anne\Sales\Cumberland\NovaStar.Slyder.6.0S. wpd 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse I Courthouse Square Carlisle, PAl 7013 Domestic Relations Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 I veritY 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: 7/8/2005 ~~o BY, . ;) 1 b v bN K. EISENBERG, Attorney for Plaintiff J :l.Anne\Sales\Cumberland\NovaStar.SlYder.6.05. wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 J enkintown, P A 19046 (215) 572-8111 J.D. # 75736 NOV ASTAR MORTGAGE, INC. VS. : NO. 05-1918 Civil Term FRANK W. SLYDER, JR. AND GRETCHEN E. SL YDER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FRANK E. SL YDER, JR. AND GRETCHEN E. SL YDER 216 CHESTNUT STREET MOUNT HOLLY SPRINGS, P A 17065 Your real estate at 216 CHESTNUT STREET, MOUNT HOLLY SPRINGS, P A 17065 is scheduled to be sold at Sheriffs Sale on DECEMBER 7, 2005 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of$91,228.38 obtained by Novastar Mortgage, Inc. against you, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due, To fine out how much you must pay, you may call Stern and Stercho, telephone (2 I 5) 572-81 I I. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J :\Anne\Sales\Cumberland\NovaStar.Slyder.6.05. wpd You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale, (See notice on page two on how to obtain an attorney.) You MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stem and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stem and Stercho, telephone (215) 572-811 I. 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 (I 0) days after the date of filing of said schedule, You should check with the Sheriffs Office by calling (717) 240-6390 to detennine 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURTADM~STRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 240-6200 J;\AnneISaJeS\CUmberland\NovaStar.SIYder.6.05. wpd STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. # 75736 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION-LA W NOVAS TAR MORTGAGE, INC. VS. FRANK W. SL YDER, JR. AND GRETCHEN E. SL YDER : NO. 05-1918 Civil Term RE PREMISES: 216 CHESlliUT STREET. MOIlNT HOLLY SPRINGS. PA 17065 Dear Sir or Madam: PI_ be ol,i,,,,, lli. I m_.. lli, "'," ".."', whi'h h~ . j'd"""", """"" lli, "'," d'f'"dmI A,. _II ,f, d,r"" lli, 'ho" ""''''''"" P_~" ,", d_hol '" lli, "'~hol 'h~1 wHI h, oold hy"" Sheriff ,f Comh"""" C,~Iy '" DECEMBER 7, 2005 " 10.00 AM. in the Cumberland County Courthouse, Carlisle, P A. Th, ",", i, b,i"" ""'~I'd P""'mI '" lli, jod"""I '" lli, .no~I '($9i,228.38 pI" "'_i lli",," ,",,,,,, '" lli, "','" """" i" fu,,, ,f P,,"hff .",,"" lli, .ho,"._"" d'fM"""(,) who are also the real OWner(s) of said premises, I have diScovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can Protect your """"'I if my, '" lli, h," yo, h~, '" lli, P_'~. ff yo, h." my"""",,, mg.nIID, lli, I)po of lieo "' lli, 'ff", oflli, Sheriff', S'"" 'poo yo" liM, W, "g, yo, '" CONTACT YOlJR ATTORNEY, as We are not permitted to give you legal advice. A S'h""",, ,f di""b'h," will b, fil"" hy lli, Shoj ff '" . d.", ,,,,'ill,,,, by lli, Shojff "' """ lli~ 30 "''' """' lli, ,,", "'" md lli, """'h'hM will '" mol, i" ''''",",,, willi lli, """""i, unless exceptions are filed thereto within ten (10) days thereafter. 7/8/2005 ~o BY, . . '-to V.l:',1'< K. EISENBERG, Attorney for Plaintiff J:lAnneISaleSlcumberland\NovaStar.SIYder.6.05. Wpd 23-32-2336-156 ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the West by Chestnut Street; on the North by land now or formerly of Rankin Stover; on the East by an alley; and on the South by land now or formerly of Lawrence A. Ferree and Winifred K. Ferree, his wife. HA VlNG a frontage of 94 feet, more or less, on Chestnut Street and extending 180 feet, more or less, in depth to the alley in the rear, an even width. BElNG improved with a two story brick dwelling house known as No. 216 Chestnut Street. UNDER AND SUBJECT to any and all covenants, conditions, reservations, restrictions, limitations, right-of- ways, objections, easements, agreements, etc., as they appear of record. BEING the same premises which Frank W. Slyder, Jr., mamed man, joined by Gretchen E. Slyder, his wife, by Deed dated May 20,2003, and recorded May 21,2003, in Book 257, Page 870, granted and conveyed unto Frank W. SIyder, Jr. and Gretchen E. Slyder, husband and wife, in fee. (") c~ ('-- /".:: :2 ...., :~3 "-" '-- c:: i"'- C) -n -, :1:" rilp -n;-;"; -sy ~~l() ",,- -', ~-~~; ,'''rn ,,~ !c.". ~',O .< w -v ~ (;,,:' N COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. # 75736 NOV ASTAR MORTGAGE, INC. VS. : NO. 05-1918 Civil Term FRANK W. SL YDER, JR. AND GRETCHEN E. SL YDER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FRANK E. SL YDER, JR. AND GRETCHEN E. SL YDER 216 CHESTNUT STREET MOUNT HOLLY SPRINGS, P A 17065 Your real estate at 216 CHESTNUT STREET, MOUNT HOLLY SPRINGS, P A 17065 is scheduled to be sold at Sheriffs Sale on DECEMBER 7, 2005 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, P A, to enforce the court judgment of $91 ,228.38 obtained by Novastar Mortgage, Inc. against you. To prevent this Sheriffs Sale you must take immediate action: NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE I. The sale will be cancelled if you pay to Stem and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stem and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J :\A.nne\Sales\Cumberland\NovaStar.S1Yder.6.05. wpd You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stem and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stem and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriffno 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 (l0) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURTADM~STRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE,PA 17013 (717) 240-6200 J :\Anne\SalesICumberlandINovaStar,SIYder.6.os. wpd 23-32-2336-156 ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the West by Chestnut Street; on the North by land now or formerly of Rankin Stover; on the East by an alley; and on the South by land now or formerly of Lawrence A. Ferree and Winifred K. Ferree, his wife. HAVING a frontage of 94 feet, more or less, on Chestnut Street and extending 180 feet, more or less, in depth to the alley in the rear, an even width. BEING improved with a two story brick dwelling house known as No. 216 Chestnut Street. UNDER AND SUBJECT to any and all covenants, conditions, reservations, restrictions, limitations, right-of- ways, objections, easements, agreements, etc., as they appear of record. BEING the same premises which Frank W. Slyder, Jr., married man, joined by Gretchen E. Slyder, his wife, by Deed dated May 20,2003, and recorded May 21,2003, in Book 257, Page 870, granted and conveyed unto Frank W. Slyder, Jr. and Gretchen E. Slyder, husband and wife, in fee. n "" ,- (';:~) 0 ~~: c.:~~) en ., '- ~ c: r"~ rTI:G '. r--' -nil'" W ~:~10 -0 f:3s~ -,-- ;~;~ ~~~ s.? >; ....:..-1 ~ .;.-"" ::!J N .< Jul.15. 2005 3:01PM 215 572-5025 STERN & STERCHO II No.83 8 2 p, I LAW OFFICES -.---.... RICHARD F. STERN OLENA W, STERCHO f1955..20031 STERN AND STERCHO A 1 0 THE PAVILION JENKINTOWN,. PA 19046 FAX NO. (215) 572-5025 STEVEN K. EISENBERG'"' (215J 572-8111 RICHARD f. STERN r.:;hs rn@sternand:;reteho.com 4Ari'Tl;rlod fo P"QC';ce i" PQ and Nj STEVEN K. EISENBERG seJ sen berg@star-nandsrercho.com July 15, 2005 RE: NOVASTARMORTGAGE,INC, VS, FRANK w. SLYDER. JR. AND GRETCHEN E. SLYDER C.C.P. CUMBERLAND CO. NO. 05-1918 Civil Term Sheriff's Office Cumberland Courthouse One Courthouse Square Carlisle, PA 17013 Dear Sir or Madam: Kindly STAY the Sheriffs Sale scheduled in the above captioned matter for December 7, 2005, as the defendanrs are in bankruptcy. Very truly yours, 151 STEVEN K. EISENBERG SKE/dt VIA FAX ONLY (717-240-6397) cc: Frank and Gretchen Slyder / 8/31/05 - Original writ returned to the Prothonotary's Office. V 8/31/05 - Copy of writ and $1500.00 returned to Attorney Stern. 1:\AlUle\SaleS\CumberJand\NovaSta;r.SlYdcr.O.05. wpd -.. IN THE COURT OF r 'MON PLEAS OF CUMBERLAND C CIVIL DIVISION HY, PENNSYLVANIA . PRAECIPE FOR WRIT OF EXECUTION Caption: NovaStar Mortgage, Inc. ( ) Confessed Judgment ( X) Other File No. 05-.1918 Civil Term AmountDue $ 91,228.38 fJ;Qm 7/8/05 at the per diem rate Interest ~n. 03 until judgment is paid in of full vs. Frank W. Slyder, Jr. and Gretchen E. Slyder Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant tD Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the fDllowing described property of the defendant(s) 216 Chestnut Street, Mount Holly Sprin~s, PA 17065 (See full legal description attached) County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnish1ee(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 possessiDn, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens agai defendant(s) described in the attached exhibit. ~ Date December 29, 2005 Signature: Print Name: Address: .----'..- FlI estate of the / Steven K. Eisenberg The Pavilion 261 Old York Road. Suite 410 Jenkintown, PA 19046 Attorney for: Telephone: Plaintiff (215) 572-8111 Supreme Court 10 No.: 75736 (over) ) r t- ~. +-- ~ \CJ ~ +- o . l ~ ~ \-) t~ - ~ }) '" ~ -4.~ - vt ~ \) I) v Ul ~ ~ /- 0 ~ ~ In W - ~ 't;1 :;:; -- ;)...0,- "'I;) . C> ~ ~ -;lJ .v, '_ 0 6 \) . '. t;)~~l"'\>() - '" \) c 0 V ..) "v Q C I \ 1 ""J:../ I I I I I _ ~r _::-:::::-t-:b - - +- -_::: -:......:..-::.~ - - ..,...:) {~--" 6 ~{\ (;;;J <.]--. '- '-:r:'? .r:- .-. C:.< , (J' ... , 23-32-2336-156 ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the West by Chestnut Street; on the North by land now or formerly of Rankin Stover; on the East by an alley; and on the South by land now or formerly of Lawrence A. Ferree and Windred K. Ferree, his wife. HAVING a frontage of 94 feet, more or less, on Chestnut Street and extending 180 feet, more or less, in depth to the alley in the rear, an even width. BEING improved with a two story brick dwelling house known as No. 216 Chestnut Street. UNDER AND SUBJECT to any and all covenants, conditions, reservations, restrictions, limitations, right-of- ways, objections, easements, agreements, etc., as they appear of record. BEING the same premises which Frank W. Slyder, Jr., married man, joined by Gretchen E. Slyder, his wife, by Deed dated May 20, 2003, and recoTded May 21,2003, in Book 257, Page 870, granted and conveyed unto Frank W. Slyder, Jr. and Gretchen E. Slyder, husband and wife, in fee. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1918 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NOV AST AR MORTGAGE, INC., Plaintiff (s) From FRANK W. SL YDER, JR. AND GRETCHEN E. SL YDER (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $91,228.38 L.L. $.50 Interest FROM 7/8/05 AT THE PER DIEM RATE OF $22.03 UNTIL JUDGMENT IS PAID IN FULL Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $180.18 Plaintiff Paid Date: JANUARY 6, 2006 E7'!3~ (Seal) By: Deputy REQUESTING PARTY: Name STEVEN K. EISENBERG, ESQUIRE Address: THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 (JK) IN 1 UNITED STATES BANKRUPTCY Cl IT FOR THE MIDDLE (HARRlSBURG) DISTRICT OF PENNSYLVANIA IN RE: FRANK W. SL YDER, JR. GRETCHEN SL YDER, DEBTORS : BANKRUPTCY NO. 04-06197 : CHAPTER 13 ORDER AND NOW, at Harrisburg, upon Certification of Default of terms of Stipulation, and after notice and opportunity to cure, it is ORDERED and DECREED that: The Automatic Stay of all proceedings, as provided under 9362 (and 1301) of the Bankruptcy Reform Act of 1978 (The Code) II U.S.c. 362, is modified to allow NovaStar Mortgage, Inc. to exercise all rights and remedies available to it as a mortgagee under state law including but not limited to, the initiation of and/or continuation of execution process through Sheriff's Sale, and ejectment process regarding debtor and premises 216 Chestnut Street, Mount Holly Springs, P A 17065. By tht Com1, This electronic order is signed and filed on the same date. Dated: December 6, 2005 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVil ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0. #75736 NOVASTAR MORTGAGE, INC. VS. : NO. 05-19'18 Civil Term FRANK W. Sl YDER, JR. AND GRETCHEN E. Sl YDER AFFIDAVIT PURSUANT TO RULE 3129.1 STEVEN K. EISENBERG, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 216 CHESTNUT STREET, MOUNT HOllY SPRINGS, PA 17065. 1. Name and address of Owner(s) or Reputed Owner(s): Frank W. Slyder, Jr. and Gretchen E. Slyder 216 Chestnut Street Mount Holly Springs, PA 17065 2. Name and address of Defendant(s) in the judgment: Frank W. Slyder, Jr. and Gretchen E. Slyder 216 Chestnut Street Mount Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A J:\ANNEISALESICUMBERLANDlNOV ASTAR.SL YOER.RELlST.12.05.DOC 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 12/29/2005 BY: STEF~~D STERCHO /1 1J.---...... STE\lEN K. EisENBERG, Attorney for Plaintiff J:\ANNEISALESICUMBERLAND\NOV ASTARSL YDER RELlST 12 .OS.DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVil ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0. # 75736 NOVASTAR MORTGAGE, INC. VS. : NO. 05-1918 Civil Term FRANK W. Sl YDER, JR. AND GRETCHEN E. Sl YDER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FRANK E. Sl YDER, JR. AND GRETCHEN E. Sl YDER 216 CHESTNUT STREET MOUNT HOllY SPRINGS, PA 17065 Your real estate at 216 CHESTNUT STREET, MOUNT HOLLY SPRINGS, PA 17065 is scheduled to be sold at Sheriff's Sale on JUNE 7, 2006 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $91,228.38 obtained by Novastar Mortgage, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-13111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\AN NEISALESICUMBERLANDlNOVAST ARSL YDER.RELlST. 12.05. OOC You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney. ) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheri1'f the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 J:\ANNE\SALES\CUMBERLAND\NOV AST AR.SL YDER.RELlST. 12 .05. DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. # 75736 NOVASTAR MORTGAGE, INC. VS. : NO. 05-1918 Civil Term FRANK W. SL YDER, JR. AND GRETCHEN E. SL YDER RE PREMISES: 216 CHESTNUT STREET. MOUNT HOLLY SPRINGS. PA 17065 Dear Sir or Madam: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on JUNE 7, 2006 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $91,228.38 plus interest thereon entered in the above matter in favor of plaintiff against the above- named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within Iten (10) days thereafter. 12/29/2005 STER~D STERCHO . /i~ BY. ......& {_______ //SlEVEN K. EISENBERG, --- Attorney for Plaintiff JIANNEISALESICUMBERLAND\NOVASTARSL YDERRELlST.12.05.DOC 23-32-2336-156 ALL THAT CERTAlN tract of land with the improvements thereon erected, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the West by Chestnut Street; on the North by land now or formerly of Rankin Stover; on the East by an alley; and on the South by land now or formerly of Lawrence A. Ferree and Winifred K. Ferree, his wife. HAVING a frontage of 94 feet, more or less, on Chestnut Street and extending 180 feet, more or less, in depth to the alley in the rear, an even width. BEING improved with a two story brick dwelling house known as No. 216 Chestnut Street. UNDER AND SUBJECT to any and all covenants, conditions, Teservations, restrictions, limitations, right-of- ways, objections, easements, agreements, etc., as they appear of record. BEING the same premises which Frank W. Slyder, Jr., married man, joined by Gretchen E. Slyder, his wife, by Deed dated May 20,2003, and recorded May 21,2003, in Book 257, Page 870, granted and conveyed unto Frank W. Slyder, Jr. and Gretchen E. Slyder, husband and wife, in fee. (""; !,-_,l ( ,---. ~i~ ..:.)-, C_ ::i ::' ", r; ( C"\ , :1 ::::~"" . :;. , , :":J c::.) .< , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0. # 75736 NOVASTAR MORTGAGE, INC. VS. : NO. 05-1918 Civil Term FRANK W. SL YDER, JR. AND GRETCHEN E. SL YDER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FRANK E. SL YDER, JR. AND GRETCHEN E. SL YDER 216 CHESTNUT STREET MOUNT HOLLY SPRINGS, PA 17'065 Your real estate at 216 CHESTNUT STREET, MOUNT HOLLY SPRINGS, PA 17065 is scheduled to be sold at Sheriffs Sale on JUNE 7, 2006 at "10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $91,228.38 obtained by Novastar Mortgage, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition askilng the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\ANNE\SALES\CUMBERLANDlNOVASTAR,SL YDER.RELlST.12.05. DOC ,. , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho., telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheri1f the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sherllff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 J:\ANNEISALESICUMBERLANDlNOV AST ARSL YDER RELlST.12.05 DOC ~ 23-32-2336-156 ALL TIIAT CERTAJN tract of land with the improvements thereon erected, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the West by Chestnut Street; on the North by land now or formerly of Rankin Stover; on the East by an alley; and on the South by land now or formerly of Lawrence A. Ferree and Winifred K. Ferree, his wife. HAVING a frontage of 94 feet, more or less, on Chestnut Street and extending 180 feet, more or less, in depth to the alley in the rear, an even width. BEING improved with a two story brick dwelling house lmown as No. 216 Chestnut Street. UNDER AND SUBJECT to any and.all covenants, conditions, reservations, restrictions, limitations, right-of- ways, objections, easements, agreements, etc., as they appear of record. BEING the same premises which Frank W. Slyder, Jr., married man, joined by GTetchen E. Slyder, his wife, by Deed dated May 20,2003, and recorded May 21,2003, in Book 257, Page 870, granted and conveyed unto Frank W. Slyder, Jr. and Gretchen E. Slyder, husband and wife, in fee. C) :--..) c- ., C) , '..J-' -q (- -J 1 C... l....~ ~"J C,' .< ., Novastar Mortgage Inc. VS Frank W. Slyder, Jr. and Gretchen Slyder In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1918 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Steven Eisenberg. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Mileage Posting 30.00 30.00 1.00 .50 1,940.00 15.00 15.00 15.00 6.16 6.00 $2,058.66 ~ ~ So Answers: ,~~. ".,t:: Lttf! ~ ; R. Thomas lii~~ Sheriff BY J()~~ Real Estate rgeant 1. ,}. }~DL l. ~ C-R.S~ 83\' Ru.,. /j()S j', COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVil ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0. #75736 NOVASTAR MORTGAGE, INC. VS. : NO. 05-1918 Civil Term FRANK W. Sl YDER, JR. AND GRETCHEN E. Sl YDER AFFIDAVIT PURSUANT TO RULE 3129.1 STEVEN K. EISENBERG, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 216 CHESTNUT STREET, MOUNT HOllY SPRINGS, PA 17065. 1. Name and address of Owner(s) or Reputed Owner(s): Frank W. Slyder, Jr. and Gretchen E. Slyder 216 Chestnut Street Mount Holly Springs, PA 17065 2. Name and address of Defendant(s) in the judgment: Frank W. Slyder, Jr. and Gretchen E. Slyder 216 Chestnut Street Mount Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A J:\ANNE\SALES\CUMBERLAND\NOVASTAR.SL YDER.RELlST.12.05.DOC 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 12/29/2005 TEVEN K. ENBERG, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\NOVASTAR.SL YDER.RELlST.12.05.DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVil ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0. # 75736 NOVASTAR MORTGAGE, INC. VS. : NO. 05-1918 Civil Term FRANK W. Sl YDER, JR. AND GRETCHEN E. SL YDER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FRANK E. Sl YDER, JR. AND GRETCHEN E. SL YDER 216 CHESTNUT STREET MOUNT HOllY SPRINGS, PA 17065 Your real estate at 216 CHESTNUT STREET, MOUNT HOllY SPRINGS, PA 17065 is scheduled to be sold at Sheriffs Sale on JUNE 7,2006 at 10:00 AM., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $91,228.38 obtained by Novastar Mortgage, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\ANNE\SALES\CUMBERLAND\NOVASTAR.SL YDER.RELlST.12.05.DOC You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney. ) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 J:\ANNE\SALES\CUMBERLAND\NOVASTAR.SL YDER.RELlST.12.05.DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVil ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. # 75736 NOVASTAR MORTGAGE, INC. VS. : NO. 05-1918 Civil Term FRANK W. Sl YDER, JR. AND GRETCHEN E. Sl YDER RE PREMISES: 216 CHESTNUT STREET. MOUNT HOLLY SPRINGS. PA 17065 Dear Sir or Madam: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on JUNE 7, 2006 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $91,228.38 plus interest thereon entered in the above matter in favor of plaintiff against the above- named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interestin the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 12/29/2005 ST~R..CHO BY: 4- ~SfEVEN K. EISENBERG, -'---' Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\NOVASTAR.SL YDER.RELlST.12.05.DOC 23-32-2336-156 ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the West by Chestnut Street; on the North by land now or formerly of Rankin Stover; on the East by an alley; and on the South by land now or formerly of Lawrence A. Ferree and Winifred K. Ferree, his wife. HA VlNG a frontage of 94 feet, more or less, on Chestnut Street and extending 180 feet, more or less, in depth to the alley in the rear, an even width. . BEING improved with a two story brick dwelling house known as No. 216 Chestnut Street. UNDER AND SUBJECT to any and.all covenants, conditions, reservations, restrictions, limitations, right-of- ways, objections, easements, agreements, etc., as they appear of record. BEING the same premises which Frank W. Slyder, Jr., married man, joined by Gretchen E. Slyder, his wife, by Deed dated May 20, 2003, and recorded May 21, 2003, in Book 257, Page 870, granted and conveyed unto Frank W. Slyder, Jr. and Gretchen E. Slyder, husband and wife, in fee. ,. ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVil ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0. # 75736 NOVASTAR MORTGAGE, INC. VS. : NO. 05-1918 Civil Term FRANK W. Sl YDER, JR. AND GRETCHEN E. SL YDER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FRANK E. SL YDER, JR. AND GRETCHEN E. Sl YDER 216 CHESTNUT STREET MOUNT HOLLY SPRINGS, PA 17065 Your real estate at 216 CHESTNUT STREET, MOUNT HOLLY SPRINGS, PA 17065 is scheduled to be sold at Sheriff's Sale on JUNE 7,2006 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $91,228.38 obtained by Novastar Mortgage, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\ANNE\SALES\CUMBERLAND\NOVASTAR.SL YDER.RELlST.12.05.DOC ,. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney. ) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 J:\ANNE\SAlES\CUMBERLAND\NOVASTAR.Sl YDER.RElIST.12.05. DOC 23-32-2336-156 ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the West by Chestnut Street; on the North by land now or formerly of Rankin Stover; on the East by an alley; and on the South by land now or formerly of Lawrence A. Ferree and Winifred K. Ferree, his wife. HAVING a frontage of 94 feet, more or less, on Chestnut Street and extending 180 feet, more or less, in depth to the alley in the rear, an even width. . BEING improved with a two story brick dwelling house known as No. 216 Ches1nut Street. UNDER AND SUBJECT to any and. all covenants, conditions, reservations, restrictions, limitations, right-of- ways, objections, easements, agreements, etc., as they appear of record. BEING the same premises which Frank W. Slyder, Jr., married man, joined by Gretchen E. Slyder, his wife, by Deed dated May 20,2003, and recorded May 21,2003, in Book 257, Page 870, granted and conveyed unto Frank W. Slyder, Jr. and Gretchen E. Slyder, husband and wife, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-1918 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NOV ASTAR MORTGAGE, INC., Plaintiff (s) From FRANK W. SL YDER, JR. AND GRETCHEN E. SL YDER (1) You are directed to levy upon the property of the defendant (s land to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $91,228.38 L.L. $.50 Interest FROM 7/8/05 AT THE PER DIEM RATE OF $22.03 UNTIL JUDGMENT IS PAID IN FULL Atty's Comm % Atty Paid $180.18 Plaintiff Paid Date: JANUARY 6, 2006 Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name STEVEN K. EISENBERG, ESQUIRE Address: THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKlNTOWN, P A 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 Real Estate Sale # 19 On February 09, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Mt. Holly Springs Borough, Cumberland County, P A Known and numbered as 216 Chestnut Street, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 09,2006 By: \J v ciLj ~VlCttl Real Estate Sergeant (S S"i;l Si;1 C''':.-::;J G=e> VirlI SO :l d b- NVr qOOZ Vd '^h~liUJ '-..i-fV iiJ.:H.lWn:J .:J:,mGHS 3Hl .:JO 3JI.:JJO