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Home My WebLink About06-4326 RiCHARD F. STERN, ESQuIRE (033 15) STEVEN K. EISENBERG, ESQUIRE (75736) BRADLEY D. SISLEY, ESQUIRE STERN AND EISENBERG, LLP THE PAVILION 261 Ow YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-81 I I FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY NovaStar Mortgage, Inc. 8140 Ward Parkway Kansas City, MO 64114 v. Sandra D. Neely 144 West Church Road Carlisle, P A 17013 Civil Action Number: 01. - 4121. Gu~L/~ COMPLAINT IN MORTGAGE FORECLOSURE Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by J:\DIANEICOMPLAIN\NOV ASTAR-NEEL Y CUMERLAND 7.06.DOC 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. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\DIANEICOMPLAlN\NOY ASTAR-NEEL Y CUMERLAND 7-06.DOC NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. S1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. J:IDIANEICOMPLAIN\NOV ASTAR-NEEL Y CUMERLAND 7-06.DOC RICHARD F. STERN, ESQuIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) BRADLEY D. SISLEY, ESQuIRE STERN AND EISENBERG, LLP 1lIE PAVILION 261 Ow YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY NovaStar Mortgage, Inc. 8140 Ward Parkway Kansas City, MO 64114 v. Sandra D. Neely 144 West Church Road Carlisle, P A 17013 Civil Action Number: ()~ - .t.!lJ.b GOlLI&2...~ COMPLAINT IN MORTGAGE FORECLOSURE Defendant(s) COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is NovaStar Mortgage, Inc. (hereinafter referred to as "NovaStar ")with offices located at 8140 Ward Parkway, Kansas City, MO 64114. 2. Defendant is Sandra D. Neely, an adult individual with a last~known address of 144 West Church Road, Carlisle, P A 17013. J:\DIANE\COMPLAIN\NOV ASTAR-NEEL Y CUMERLAND 7-tl6.DOC 3. Under date of 10/29/2004, defendant executed and delivered to NovaStar Mortgage, Inc. a mortgage upon the premises 144 West Church Road, Carlisle, PA (the "Property")to secure the payment of the sum of $82,500.00 . The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on November 8, 2004 at Vol. 1887, P. 1386 and is incorporated herein by reference as though set forth at length herein. A copy of the legal description of the premises is attached hereto and made a part hereof as Exhibit "A". 4. Said Defendant is the real owner of premises 144 West Church Road, Carlisle, PA 17013. 5. In accordance with Act 91 of 1983, as amended, a combined notice providing the information required by 9403 of Act No.6 of 1974, and Act 91, aforesaid, was sent to the defendant and no response was made in the appropriate period oftime. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit "B". 6. The said loan is in default as a result of the failure to pay the monthly installments of $613.42 due on April 1, 2006 and on the same day of each month thereafter. 7. The following is due on the loan: PRINCIPAL BALANCE .......................................................$81,132.94 INTEREST accrued thru 07/14/2006 of ...............................$1,789.61 Interest after 07/14/2006 shall accrue at the per diem rate of $13.26.) LATE CHARGES accrued thru 07/14/2006 of.....................$396.20 Late charges after 07/14/2006 shall accrue at the monthly rate of $29.65.) J:\DIANE\COMPLAIN\NOV ASTAR-NEEL Y CUMERLAND 7-06.DOC FEES BILLED .......................................................................$52.50 COSTS ...................................................................................300.00 ATTORNEY'S FEE ..............................................................$4,000.00 LESS SUSPENSE (If any).....................................................($390.29) TOTAL ..................................................................................$87,280.96 The attorney fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, NovaStar Mortgage, Inc. requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $81,132.94 plus interest thereon of $1,789.61 plus $13 .26 per day from 07/14/2006 until judgment is paid in full, late charges of $396.20, plus late charges of $29.65 per month from 07/14/2006 until judgment is paid in full, fees billed of $52.50, costs J:\DIANEICOMPLAIN\NOV ASTAR.NEEL Y CUMERLAND 7-06.DOC r of $300.00, attorney's fees of $4,000.00 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts to which Plaintiff is entitled to recover. BY: SEVE K. EISENBERG, ESQUIRE Attorney for Plaintiff J:IDIANEICOMPLAIN\NOV ASTAR-NEEL Y CUMERLAND 7-06.DOC VERIFICATION Nicole Taylor is the Foreclosure Specialist of NovaStar Mortgage, Inc. and is authorized to sign this Verification on behalf of same, and states that he verifies the foregoing Civil Action-Mortgage Foreclosure against Sandra Neely and avers the.. statements of fact therein contained are made subject to the penalties of 18 P A C.S. ~4904 relating to the unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. G--. ~L Q^k -~C6LETA~ Foreclosure Specialist DATE: 1--2-2-0(" . . Stewart Title LEGAL DESCRIPTION Legal descripllon of the land: All that ceI1aln tract of land wtth the buildings and improvements thereon erected. situate in the Third Ward of the Borough of Carlisle. Cumberland County. Pennsylvania. being bound and described as follows: ON the North by Church Avenue; on the East by property now or formerly of Peter Hyslclc; on the South by property now or fonnerly of WHllam OglIby; and on the West by property now or fonnerly of Elsworth Minnich, saki lot having a frontage of fifty feet. more or less on said Church Avenue and extending back an even width of one hundred seventeen and one-tenth feel. more or less. to the property now or fonnerly of William Ogllby. BEING known as and numbered 144 West Church Slreet BEING Parcel No. 04-21-O32~2 Legal DescrIpUon (200410687A.I'FD/200410687A11 ) ':1 '><-,'><1!' . .. '.>-:,". .Ji:.~.'~:>~;:,-_ ;,,;;~~,;/ :--~,~?k~':' ," ".i"~i,~,\,"",,; )":~"" ': ~~jrl-,~ ::~~~~>:.. ',,' ',: ,-~i~ : ......,. ~.,,$;. :-}.fi~(-,.,i.', . . .' ''',,~~.,.: .' .-~" . ,..~~, ; ~~;{;.~,~ 'P' ~. :~k~ii. -~,.~~, ....~.. -' ;-y~r-~;r~-.'~' -, _..'~~.3 , ,.1- <\ ...... ;iioi. W~ .'..""'"..' " -;/ ;'0:~'~"'c_ ~ ,:'..~.'........13,~. ',.'~, ... 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'-,' .;-~;:_,i:;::'", ">:':4Z~\? io" ", .~. < -'. .:;:tt:; 4;-., ',-" -.~~f:~:~" ' :~:"~f:" ~.'.~. .~ . -t:.:~>;';~ ...,~:~..:..".' ~~te;'~~l(~:' ~,: :.f"- J('<-!i/. .;.:~ytfi~' .,~t~~:. u:-'-':. "", ;'-#f{~~,~~: ':'::,~,.... ~'l.~'~ .", "f.' .,. :,", \k~~:;0i~t:; ',,' - .~ ... (") -c... ~ 7d lrt () ~ ~\i ~ ~ :0 _..- IJ1 ~ i' ,-~' - LV -- ~ -t:.. -- C> U"t ~ - ,~h ~ l -.- c~ ~ - -1:: RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) BRADLEY D. SISLEY, ESQUIRE STERN AND EISENBERG, LLP THE PAVILION 261 Ow YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR l'LAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY NovaStar Mortgage, Inc. Civil Action Number: 06~4326 v. Sandra D. Neely COMPLAINT IN MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE CIVIL ACTION Please reinstate the civil action in the above-captioned matter. STERN AND EISENBERG LLP BY: ~~ Fur-- STEVEN K. EISENBERG, ESQUIRE Attorney for Plaintiff 8/15/2006 J:\DIANEICOMPLAINlNOVASTAR-NEEL Y CUMERLAND 7-o6.DOC 2 ...... ~ = = ;;;: C7' -oc" >- ~:n n'lrTl c: "'-'7..- <n ~FTi "'--'C-'_ Zr'~. (f) 'r, -.l ~6 -<'7 ~c: -'4.,- )>, ." x:rl 2), ::J:: 9-0 >c ~ Om ~ 0 ~ 0'> SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04326 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND , . NOVAS TAR MORTGAGE INC VS NEELY SANDRA D R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT NEELY SANDRA D but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT I NEELY SANDRA D 144 WEST CHURCH AVENUE CARLISLE, PA 17013 PER RESIDENT, DEFENDANT DOES NOT LIVE THERE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 4.40 5.00 10.00 .00 37.40 Vi' STERN & EISENBERG cr/lGjoit ~ 08/03/2006 ~~-"7 SO~...'~:::'"......"...._//~~ v~---/;::;---- ..".-' R~ T~omas ~ne Sheriff of Cumberland County Sworn and Subscribed to before day of me this A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04326 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOVAS TAR MORTGAGE INC VS NEEL Y SANDRA D SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NEEL Y SANDRA D the DEFENDANT , at 1315:00 HOURS, on the 24th day of August r 2006 at 3090 SPRING ROAD CARLISLE, PA 17013 by handing to ALVIN JOHNSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.40 .00 10.00 .00 32.40/' ~ q/J.40~ Sworn and Subscibed to r~~~~ R. Thomas Kline day 08/24/2006 STERN & EISE~ /1 BY,) 92- eputy SHeriff before me this of A.D. ,(/ .... ~r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0. #75736 NOVASTAR MORTGAGE, INC. VS. : NO. 06-4326 Civil Term SANDRA D. NEELY PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant SANDRA D. NEELY for failure of said Defendant to file a responsive pleading to the Complaint within twenty (20) days after service thereof. Please assess damages as follows: BALANCE DUE $ 81,132.94 2,784.11 INTEREST (accrued thru 9/27/06 of $2,784.11. Interest after 9/27/06 shall accrue at the per diem rate of $13.26.) LATE CHARGES (accrued thru 9/06 of $455.50. Late charges after 9/06 shall accrue at the monthly rate of $29.65.) 455.50 FEES BILLED 52.50 COSTS 300.00 ATTORNEY'S FEE 4,000.00 LESS SUSPENSE BALANCE (390.29) J:\ANNE\SALES\CUMBERLAND\NOV AST AR.NEEL Y.9.06.DOC "," ,., ~ TOTAL J:\ANNE\SALES\CUMBERLAND\NOV AST AR.NEEL Y.9.06.DOC $ 88,334.76 STERN AND EISENBERG LLP TEVEN K. EISENBERG, Attorney for Plaintiff 1 .. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0.#75736 NOVASTAR MORTGAGE, INC. VS. : NO. 06-4326 Civil Term SANDRA D. NEELY 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 Defendant in accordance with Pa. R.C.P. 237.1. A true and correct copy of said notice is attached hereto. STERN AND EISENBERG LLP BY~ SEVEN K. EISENBERG, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\NOV ASTAR.NEEL Y.9.06.DOC 1 ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NOVASTAR MORTGAGE, INC. VS. SANDRA D. NEELY : NO. 2006-4326 CIVIL To: Sandra D. Neely 3090 Spring Road Carlisle, PA 17013 Date of Notice: September 18, 2006 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 (1 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. [YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:] YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR 4TH FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 STERN AND EISENBERG LlP +~~ BY: STEVEN K. EISENBERG Attorney for Plaintiff The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0. #75736 J:\ANGELA\TEN OA y\CUMBERLAND\NOVASTAR.NEEL Y.CUMBERLANO.1 O.OAY.9.06.00C COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 NOVASTAR MORTGAGE, INC. VS. : NO. 06-4326 Civil Term SANDRA D. NEELY 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, Defendant's: 1. Last-known address is: 3090 Spring Road, Carlisle, PA 17013 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. EISENBERG LLP BY: VEN K. EISENBERG, Attorney for Plaintiff MONWEALTH 01' PI:NHSY1..VANCA NOTARIAL SEAl HElEN CAPASSO, Notary Pubfic Jenkintown Boro.. Monlgomety Cclunty Commission Expires Octoblir 21, 2008 J:\ANNE\SALES\CUMBERLAND\NOVAST AR.NEEL Y.9.06.DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0.#75736 NOVASTAR MORTGAGE, INC. VS. : NO. 06-4326 Civil Term SANDRA D. NEELY 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 Defendant and no timely response was made. ISENBERG LLP BY: EVEN K. EISENBERG, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\NOV AST AR.NEEL Y.9.D6.DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0. #75736 NOVASTAR MORTGAGE, INC. VS. : NO. 06-4326 Civil Term SANDRA D. NEELY 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 Sandra D. Neely 3090 Spring Road Carlisle, PA 17013 STERN AND EISENBERG LLP TEVEN K. EISENBERG, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\NOV AST AR.NEEL Y.9.D6.DOC ,......-~, ('":-:-J t ;;:J ~ ~ 0 \. :--0 c:" ~ "" --; 0- f C""'\ - Q r -- "~ll- ... ." ~ -t: -J l,;,") ~ W ~ p:- C) -,,~~' D - .", ~ c.::> :.< ~ t <- 1- ~ iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ,... f PRAECIPE FOR WRIT OF EXECUTION Caption: NovaStar Mortgage, Inc. vs. Sandra D. Neely ( Confessed Judgment ( Other File No. 06-4326 Civil Term \l& Amount Due $88.334.7 6 Interest from 9/27/06 at the per diem rate of $13.26 until judgment is paid in full 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 r.lIl1lbHhud for debt, interest and costs, upon the following described property of the defendant(s) 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 estate of the defendanl(s) described in the attached exhibit. /~ Date September 27. 2006 Signature: _----~/L::~.~~- Print Name: Steven K. Eisenberg Address: The Pavilion, 261 Old York Road Attorney for: Telephone: ~l1it€' 410, TenkiutoWJl, FA 19046 Plaintiff (215) 522-8111 Supreme Court 10 No.: 75736 (over) W \ -pD ~ \l~ t - 1:.. ~ ~ w ~ ~ e ~ :e, -f- \! t .. ~.(q. . ':'"- ~ % f:~ _ V1Wt.v~ ~ !->-:O!'\ ~ ~ ~ ~ ti~~€~8 \ . , t . t -J 1: .... ~ ,.~p:- :. .::.:.:: ':. ~ . r--,:) ~ 0 0'''' -n c:::> C') , -j I 0'> .' '-,':) ~l o ?E Co) -< ,. . ALL that certain tract of land with the buildings and improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, being bound and described as follows: ON the North by Church Avenue; on the East by property now or formerly of Peter Hysick; on the South by property now or formerly of William Ogilby; and on the West by property now or formerly of Elsworth Minnich, said lot having a frontage of fifty feet, more or less on said Church Avenue and extending back an even width of one hundred seventeen and one-tenth feet, more or less, to the property now or formerly of William Ogilby. BEING known as and numbered 144 West Church Street. BEING Parcel No. 04-21-0320-092. BEING the same premises which Miriam G. Minnich, widow, by and through her duly constituted attorney-in- fact, Robert A. Minnich, by Deed dated September 27, 1995, and recorded September 27, 1995, in Book 128, Page 926, granted and conveyed unto Sandra D. Neely, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4326 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 SANDRA D. NEELY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant ( s) or otherwise disposing thereof; (3) 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $88,334.76 L.L. $.50 Interest FROM 9/27/06 AT THE PER DIEM RATE OF $13.26 UNTIL JUDGMENT IS PAID IN FULL Atty's Comm % Atty Paid $151.80 Plaintiff Paid Date: OCTOBER 6, 2006 Due Prothy $1.00 Other Costs C (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 '<l COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0.#75736 NOVASTAR MORTGAGE, INC. VS. : NO. 06-4326 Civil Term SANDRA D. NEELY 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 144 WEST CHURCH ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Sandra D. Neely 3090 Spring Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Sandra D. Neely 3090 Spring Road Carlisle, PA 17013 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\NOV AST AR.NEEL Y.9.06.DOC 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Occupant 144 West Church Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 9/27/2006 STERN AND EISENBERG LLP SEVEN K. EISENBERG, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\NOVASTAR.NEEL Y.9.06.DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 NOVASTAR MORTGAGE, INC. VS. : NO. 06-4326 Civil Term SANDRA D. NEELY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Sandra D. Neely 3090 Spring Road Carlisle, PA 17013 Your real estate at 144 WEST CHURCH ROAD, CARLISLE, PA 17013 is scheduled to be sold at Sheriffs Sale on MARCH 7, 2007 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $88,334.76 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 Eisenberg the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Eisenberg, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\ANNE\SALES\CUMBERLAND\NOVASTAR.NEEL Y.9.06.DOC You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg, telephone (215) 572- 8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal pro~edings 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\NOV AST AR.NEEL Y.9.06.DOC . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0. #75736 NOVASTAR MORTGAGE, INC. VS. : NO. 06-4326 Civil Term SANDRA D. NEELY RE PREMISES: 144 WEST CHURCH ROAD, CARLISLE, PA 17013 Dear Sir or Madam: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on MARCH 7, 2007 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $88,334.76 plus interest thereon entered in the above matter in favor of plaintiff against the above- named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 9/27/2006 EISENBERG LLP BY: EVEN K. EISENBERG, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\NOV AST AR.NEEL Y.9.06.DOC 4 ALL that certain tract of land with the buildings and improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, being bound and described as follows: ON the North by Church Avenue; on the East by property now or formerly of Peter Hysick; on the South by property now or formerly of William Ogilby; and on the West by property now or formerly of Elsworth Minnich, said lot having a frontage of fifty feet, more or less on said Church A venue and extending back an even width of one hundred seventeen and one-tenth feet, more or less, to the property now or formerly of William Ogilby. BEING known as and numbered 144 West Church Street. BEING Parcel No. 04-21-0320-092. BEING the same premises which Miriam G. Minnich, widow, by and through her duly constituted attorney-in- fact, Robert A. Minnich, by Deed dated September 27, 1995, and recorded September 27, 1995, in Book 128, Page 926, granted and conveyed unto Sandra D. Neely, in fee. {-. . .' (,~:. -':.. 1'--) r;:~ 'c::.:; c.':"'" ---~ I 0-' () ~n .-1 -.- 61 :TI j ,. , CJ li.,i) ,.0 ..) ..\ .';3 .< C) o I ,-'- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D.#75736 NOVASTAR MORTGAGE, INC. VS. : NO. 06-4326 Civil Term SANDRA D. NEELY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Sandra D. Neely 3090 Spring Road Carlisle, PA 17013 Your real estate at 144 WEST CHURCH ROAD, CARLISLE, PA 17013 is scheduled to be sold at Sheriff's Sale on MARCH 7, 2007 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $88,334.76 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 Eisenberg the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Eisenberg, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\ANNE\SALES\CUMBERLAND\NOV ASTAR.NEEL Y.9.06.DOC .. ",4 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney. ) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg, telephone (215) 572- 8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the 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\NOVASTAR.NEEL Y.9.06.DOC ... .. ALL that certain tract of land with the buildings and improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, being bound and described as follows: ON the North by Church Avenue; on the East by property now or formerly of Peter Hysick; on the South by property now or formerly of William Ogilby; and on the West by property now or formerly of Elsworth Minnich, said lot having a frontage of fifty feet, more or less on said Church Avenue and extending back an even width of one hundred seventeen and one-tenth feet, more or less, to the property now or formerly of William Ogilby. BEING known as and numbered 144 West Church Street. BEING Parcel No. 04-21-0320-092. BEING the same premises which Miriam G. Minnich, widow, by and through her duly constituted attorney-in- fact, Robert A. Minnich, by Deed dated September 27, 1995, and recorded September 27, 1995, in Book 128, Page 926, granted and conveyed unto Sandra D. Neely, in fee. () r--:> <= 0 C c.:~::) -n c:1'" -":.-,.. ::? r 0 I (cO) (-.1 -n ----' f=' I i:n 0"' , ; - , ' ~ i ~:J ..."..v~ c> -_\<... .) rn \.:J ..-I 0 :JJ 0 .< '( .. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LA W STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 J.D. #75736 NOV AST AR MORTGAGE, INC. NO. 2006-4326 Civil Term VS. SANDRA D. NEELY CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendant by certified mail, return receipt requested on December 14, 2006 as evidenced by copy of certified mail receipt attached. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on December 14,2006 as evidenced by copy of certificates of mailing attached. STERN AND EISENBERG LLP ~~~ STEVEN K. EISENBERG Attorney for Plaintiff 12/14/06 . "1>;: e '" ~~(f) g ~a:l:'" :C" 0",0 to "'et/> ~ b~~ a "'0"" ? ~;; ~ e"'~ ~go z;:'" ~m \-1 "1>- 000 ~~ rn ;:0:Q ~z~ -1-1 "'1'1 ~; -- zO ~~ ~rn ~O ;:"" ~~ '0):10 ~e. ~:z o -I ..... ~'<) .~.. 9 ~ 0 6~. .d ,..cu..."'" ~60..l, j " 0 ~ ~ 3<< 0 <; 6 · 00 ,,\ & t ~ oS \.1 999d =-...-~i. ;1~~ ~;iiiiifJfI ~ ", & Jf:,"~ ~ - ~ ,'11 ~~~..:;. 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EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 LD. #75736 NOV AS TAR MORTGAGE, INC. NO. 2006-4326 Civil Term VS. SANDRA D. NEELY CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, attorney for the within Plaintiff, hereby certify that notice of the Sheriff s Sale was mailed to the Defendant by certified mail, return receipt requested on December 14, 2006 and received on January 9, 2007 as evidenced by copy of certified mail receipt and signed green card attached. STERN AND EISENBERG LLP ~~~ STEVEN K. EISENBERG Attorney for Plaintiff 1/15/07 ~. . ru M rr .::r u.s. Postal Servicew CERTIFIED MAIL..- RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ... Ul CJ CJ I"- postage .::r ru Ul ru .::r CJ CJ Return Receipt Fee CJ (Endorsement Required) CJ Restrlcted Delivery Fee M (Endorsement Required) M ITl Certified Fee Total Postage & Fees SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: &of'ldra }J. Neejy J09~ gpfJ(iq ~cr1 tflt/ISIe) /1/ I )()/1 A Signature x B. Received by ( Printed Name) D. Is delivery address different from item 1? If YES, enter delivery address below: 3. service Type . ~ertified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes . "2. Article Number (Transfer from service label) PS Form 3811, February 2004 7005 3110 0004 2524 4912 Domestic Return Receipt 102596-02-M-1540 (") C -".. ~... -rJ t~~" n---::-1_ ~_.;; ~::~ ~'-- '-~ ~1~- ;~,: \.~~~',. :".~I... ~;> C~= ~ ,...., = = ...... C- :Po Z ~ ....... :r.:.,.., n1r- -om :ny q() ~-c =;, ~;~~ '~ ~ ~ co -0 ~ 'i? co COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which NovaStar Mtg Inc is the grantee the same having been sold to said grantee on the 7th day of march A.D., 2007, under and by virtue of a writ Execution issued on the 6th day of Oct, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 4326, at the suit of NovaS tar Mtg: Inc against SZandra D Neely is duly recorded in Deed Book No. 279, Page 1379. IN TESTIMONY WHEREOF, I have hereunto set my hand ~0 day of and seal of said office this IY]~./ /l , A.D.k 0 7 /VPo rb, ~/ ~ RlCOIdtr of Detda. CumbeIIInd CoIIlly, CId*. PA My Comri1IaIon EJpires lhe FinIt Mollday of JIn. 2010 Recorder of Deeds . . .. .. Novastar Mortgage, Inc. VS Sandra D. Neely In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4326 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 26,2006 at 1227 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Sandra D. Neely, by making known unto Clarence Johnson, adult in charge, at 3090 Spring Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 19,2007 at 1413 hours, he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sandra D. Neely located at 144 West Church Road, Carlisle, Cumberland County, Pennsylvania according to law. R Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency ofthe action to the within named defendant, to wit: Sandra D. Neely, by regular mail to her last known address of 3090 Spring Road, Carlisle, P A 17013. This letter was mailed under the date of January 12,2007 and never returned to the Sheriffs Office. R Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Steven Eisenberg, on behalf of NovaStar Mortgage, Inc. It being the highest bid and best price received for the same, NovaStar Mortgage, Inc., of, 8140 Ward Parkway, No. Two Hundred (200), Kansas City, MO 64114, being the buyer in this execution, paid to SheriffR Thomas Kline the sum of$ 889.36 Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary $30.00 17.44 15.00 15.00 30.00 10.00 .50 1.00 Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 8.80 1.22 15.00 20.00 355.00 289.07 16.83 25.00 39.50 $ 889.36 ./ 3/), '1/01 ~ So An~W rs: r' ". '" ,,'~~'" ~.','."'Ji&''-''''R"ff~'''<:''''~~''f " R. Thomas Kline, Sheriff , /' BY C.I auJ:. - t~aLJ cvY-V )b' uo ;j) /, (f./Q...,t 51933 M.u, /tjtJ~t Y , , . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0. #75736 NOVASTAR MORTGAGE, INC. VS. : NO. 06-4326 Civil Term SANDRA D. NEELY 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 144 WEST CHURCH ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Sandra D. Neely 3090 Spring Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Sandra D. Neely 3090 Spring Road Carlisle, PA 17013 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\CUMBERLANOWOVASTAR.NEEL Y.9.06.00C . , " 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 Occupant 144 West Church Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 9/27/2006 STERN AND EISENBERG LLP ~ S-EVEN K. EISENBERG, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\NOVASTAR.NEEL Y.9.D6.DOC .. ... COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 1.0.#75736 NOVASTAR MORTGAGE, INC. VS. : NO. 06-4326 Civil Term SANDRA D. NEELY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Sandra D. Neely 3090 Spring Road Carlisle, PA 17013 Your real estate at 144 WEST CHURCH ROAD, CARLISLE, PA 17013 is scheduled to be sold at Sheriffs Sale on MARCH 7, 2007 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court jUdgment of $88,334.76 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 Eisenberg the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Eisenberg, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the jUdgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:IANNE\sALES\CUMBERLAND\NOVASTAR.NEEL Y.9.06,DOC You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stem and Eisenberg, telephone (215) 572- 8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stem and Eisenberg, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring lega!prOGeedings 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\NOVAST AR.NEEL Y.9.06.DOC - WRIT.()F EXECUTION and/or ATTACHMENT . COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-4326 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 SANDRA D. NEELY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $88,334.76 L.L. $.50 Interest FROM 9/27/06 AT THE PER DIEM RATE OF $13.26 UNTIL JUDGMENT IS PAID IN FULL Arty's Comm % Arty Paid $151.80 Plaintiff Paid Date: OCTOBER 6, 2006 Due Prothy $1.00 Other Costs (Seal) By: 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 Deputy lW~~J;)S :ll1llf7. l13alI, ~f ! 1['\ . :AH 900Z; '1 t laqopO :awa ~ ~ ~ ~ ~ .u~alaq pal1310dIoJu~ aJUalajal s~ql Aq PU13 l~.lM s~ql ql~M. panl "y" l~q~qxg: uo paqpJsap AHtlJ alOW 'alsHl13;) 'p1301I qJlnq;) lsa fA 1717 1 S13 palaqwnu PU13 UM.oU)l Y d 'AlUnO;) pU13paqwn;) 'q13nolog als~p13;) U~ pal13nl~S 4Iadold 113a1 aql u~ lsalalu~ S,lU13pUajap alp uodn pa~Aal jjpaqs aql 900Z; '1 t laqopO uO 81 # al13S al13lsg: l13alI <111 : I d I I DO qOOZ ; 4 ,::..; /" ' ~ ~ j .:J.:lIH3HS ;:HJ j,.>i:< . . . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever SInce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE#18 RIAL........... "'NL Hi 'lU......1l. "rtJrl L&.:1r_ .. .. -'~~~]l'd' II ':"''',:,. '>",'.:;':',.i}"~ ., .. ,1l..nLWll~'(I folL~rMi'''''''''' ~ ~~IllId'" .,'.....~....D ..~.. ..,. ,.' . .~.,,__or~ ~''''''~l.m .. ~.~JI~P .1IIilIt ,.. ~ CIf '.. ", ,~''- . ..,." ~ JIIlI*9. -. _,,',..1,1' I). ..,fll.'...,'~::=,."ti ~~....:~ tit.: [ -........, .....m.;~~~~ ; .._,-~. ~ '. ' .liIiJ lilt . - - ....~ ......._~---t..._.. ' CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VlZ: January 26, February 2 and February 9,2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 18 ~z~ ' sa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 9 day of Februarv. 2007 Writ No. 2006-4326 Civil Novastar Mortgage. Inc. vs. Sandra D. Neely Atty.: Steven Eisenberg ALL that certain tract ofland with the buildings and improvements thereon erected. situate in the Third Ward of the Borough of Carlisle. Cumberland County. Pennsylvama. being bound and described as fol- lows; NOT ARI L SEAL LOIS E. SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commission Expires March 5, 2009 ON the North by Church Avenue; on the East by property now or for- merly of Peter Hysick; on the South by property now or formerly of Wil- liam Ogilby; and on the West by property now or formerlY of Els-