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HomeMy WebLinkAbout06-7301A -b MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY I.D. NO. 80193 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NJ 08034 859.68577 856 429-5507, ATTORNEY FOR PLAINTIFF Our File COURT No No: COMMON PLEAS NOVASTAR MORTGAGE INC. CUMBERLAND COUNTY 8140 WARD PARKWAY, SUITE 200 KANSAS CITY, MO 64114 PLAINTIFF l -?c?K DOCKET NO.: ? ('p' 7 3 p aai vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANT COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this compliant and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses 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 compliant or for any other claim or relief requested by the Plaintiff. You my lose money or property or other rights important to you. YOU SHOULD CTAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU ANNOT AFFORD ONE, GOT O OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD-STREET CARLISLE, PA 17013 717-249-3166 A IISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notiticacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demadadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere qu oudades o otros de?eches mporta tes esta d manda. Usted puede perder dinero o sus p p e LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE AHOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFUIEDE CONSEGUIR ASISTENCICALE TR ESCRITA ABAJO PARA AVERIGUAR DONDE SE P LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 4 -A SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07301 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOVASTAR MORTGAGE INC VS LYTLE HAROLD E ET AL 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 LYTLE HAROLD E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 T,VTT.P uApnT,T) F , NOT FOUND , as to THERE ARE TENANTS IN BOTH SIDES OF HOUSE. DEFENDANT LIVES IN NORTH CAROLINA. Sheriff's Costs: So answer Docketing 18.00 Service 13.20 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 46.20 61MATTLEMAN WEINROTH MILLER 1 01/08/2007 Sworn and Subscribed to before me this day of A. D. 40 .0% SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07301 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOVASTAR MORTGAGE INC VS LYTLE HAROLD E ET AL 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 LYTLE ROBIN G SHEETZ but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 252-254 NORTH ENOLA DRIVE , NOT FOUND , as to LYTLE ROBIN G SHEETZ ENOLA, PA 17025 THERE ARE TENANTS IN BOTH SIDES OF HOUSE. DEFENDANT LIVES IN NORTH CAROLINA. Sheriff's Costs: So answ Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Klin Surcharge 10.00 Sheriff of Cumberland County .00 21.00 , MATTLEMAN WEINROTH MILLER e0l 01/08/2007 1' a? DO Sworn and Subscribed to before me this day of , A. D. MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY I.D. NO. 80193 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NJ 08034 856 429-5507, ATTORNEY FOR PLAINTIFF Our File No: 859.68577 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF DOCKET NO.: ©(! •730( G? ?? j -Fc??? vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is Novastar Mortgage Inc., authorized to do business in the Commonwealth of Pennsylvania with its principal place of business located at 8140 Ward Parkway, Kansas City, MO 64114. 2. The name and last known address of the Defendant(s) are: Harold E. Lytle and Robin G. Sheetz-Lytle, 252-254 North Enola Drive, Enola, PA 17025. 3. The interest of each individual Defendant(s) is as mortgagor, and/or real owner of the real property subject to the mortgage described below, or both. 4. On or about November 29, 2005, Mortgagor(s) made, executed and delivered a Mortgage upon the premises hereinafter described to Novastar Mortgage, Inc., subject Mortgage is recorded as follows: Office of the Recorder of Deeds in and for Erie County DATE OF MORTGAGE: November 29, 2005 DATE RECORDED: December 8, 2005 BOOK: 1933 PAGE: 3844 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(8). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about November 29, 2005, in consideration of their indebtedness to Novastar Mortgage, Inc., Harold E. Lytle and Robin G. Sheetz-Lytle made, executed and delivered to Novastar Mortgage, Inc., a Promissory Note in the original principal amount of $120,000.00. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, or the legal successor in interest to the original Mortgagee. 7. The Mortgage is secured by property located at 252-254 North Enola Drive, Enola, PA 17025 which is more particularly described in the legal description attached hereto as Exhibit "B" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due September 1, 2006, and monthly thereafter have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage: Principal Balance: $119,519.50 9.55% interest from August 1, 2006 through $4,457.08 December 22, 2006 at $31.21 per day Other Fees $52.50 Recoverable Balance $286.25 Late Charges $263.48 Attorney's Fees and Costs $3,434.50 TOTAL AMOUNT DUE $128,013.31 Interest continues to accrue at the per diem rate of $31.21 for every day after December 22, 2006 that the debt remains unpaid. 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, and any other lawful foreclosure cost and fees expended by the plaintiff. 11. The attorney's 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 the sheriff sale, reasonable attorney's fees will be charged. 12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, Pursuant Act 6, 41 P.S. 403, is not applicable. 13. Pursuant to the notice provisions of Act 91, 35 P.S.1680.403 (c), Plaintiff sent the Act 91 notice to Defendant(s), Harold E. Lytle and Robin G. Sheetz-Lytle, on November 9, 2006 attached hereto as Exhibit "C". 14. Defendant(s) has failed to cure the default and Defendant(s) has failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 15. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D". WHEREFORE, Plaintiff respectfully requests this court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph nine (9) of this complaint $128,013.31, plus additional fees and costs expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance costs or repairs and any and all other advances hereafter made by the Plaintiff, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property, plus 6% legal rate of interest, from the date of Judgment to the time of sale. MAT7Erk1AN,,,WEINROD4 MILLER ROBERTU. CUSICK, ESQUIRE ATTORNEY I.D. NO. 80193 VERIFICATION The undersigned, Robert W. Cusick, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff and that she is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: Cusick Attorney for Plaintiff Exhibit "A" 717-957-4_:5 p.14 Dec 14 06 12:48p Jody C-•,rad .?. J.-: •. ?,..- DE P, Instrument Prepared By. DEP, 8 P.9 3 c 3 Ater Itegprdleg Return To, NOVASTAR MORTGAGE INC. INDEPENDENCE Oxi0.4413115 FLOOR Loan Number: 05-C56111 Uniform Parcel Identifier Number: Pr ""Address: 252-254 N ENOLA DRIVE ENOtA, PENNSYLVANIA 17025 [Space AD4va Yh1s Line For Reeordkeg t)aral MORTGAGE WN:100080190051946911 DEFlNrrM$ Words used in maidpie swum of ads doh are defloed below and other wards arc ddkW Is Section 3,11, 13. 18, 20 and 21. Certain nd a regarding the usage of words used in ibis document are also provided is Section I6. W "Seesrlty JmstrIpMw at" i tans this dowmat, whicb is dated NOVEMBER 2 9, 2 0 0 5 . together witk ait Paden to this documot. (B) *Borrower" is HAROLD E. LYTLE AND ROBIN G. LYTLE Ark; aoblr% [T Sl,eC? Z - Lc?+1e Bnrrowur is the mortgagor dodtr this Security Jonment. (C) "METES" b Mortgage EloWanic Registration Systems. Etc. MERS Is a sepame mrratlou that is acting solely as a noainee for Leader and Lsoder's saecamri and assigns. MFRS is"nartgsge Lauder Wis S cpaity ir&t1UWAL MMS Is orpwid and eadsting wider die lam of Delaware, and teas an address wad tempbeue comber of P.O. BOX 2026. Flint. hU 485014OZ6, WL (881t) 6MMERS. (D) "Leader" is NOVASTAR MORTGAGE, INC. Lender is a CORPORATION INSTRUMENT • MERE Page 1 of 1 s orgadzed drmmn $0044-rant wrwa?rvd?arr?koaa QX 1933??a3?? ??? ........_,... .?._ . .__..__..._?__.... _._., .._............. 14 06 12:48p Jody L reel 717-957-&. .5 p.15 .,.,, ... _..?,..,. , and Ubting under tht laws of V1 RGIN IA Lender'saddress is 6200 OAK TREE BLVD. THXRD FLOOR, INDEPENDENCE, OHIO 44131 (E) "Note" means the promissory note signed by Borrower and dated NOVEMBER 29, 2005 The Note states tint Borrower owes Lender ONE HUNDRED TWENTY THOUSAND AND 00/100 Dollars (U.S. $ 120, 000.00 ) pies interest. Sortower hat promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 1, 2035 (F) VnVerty" mans the property that is degribed below under the heading "Tme tr of Rights in the Property. (G) "Loan" means the debt evidenced by the Note, pits interest, any prepayment charges and late charges due under the Now. and all sums duo under this Security Instrument, plus interest. (to -Riders" memo all Riders to this Security instrument that are executed by Borrower. The following Riders tub to be executed by Borrower [check box as applicable), ® Adjustable Rate Rider ? Condominium Rider ? SncoW 14ome Rider ? Balloon Rider ? Planned Unit Development Rid PR>;p? OffiftO) TO ® 1.4 Family Rider ? »y Payment Rider SECURITY INST M "Applicable Law" means all matrotling applicable federal, state and local statutes, regulations. ordinances and administrative rules and **0 (that have the effect of law) as well as all applicable Roan. ion-appealable judidat opinions, () "Comenunity Asaodstth n Dots. Fees. and Asaasssuenta" means all dues. fete, assessment: and other c bvps that are imposed on Borrower or the Property by a condominium association. homeowners association or similar organization. (IQ "Electronic Fusrds Tramt'er" means any transfer of funds. other than a trrnnsocuost crigliated by check, draft, Of shallar paper wroanemi. witch 4 iattiated through an electronic terminal, telephonic instrument, computer, or ampedc tape so as to order. instruct, or authorize ¦ niaiclal lastittalan to debit or credit 8m account. Such oxm includes, but is not Basked to, painit-of-sale transfers. automated teller machine transactions, tt'a atbrs Initiated by telephone, wire transfers. and automated clearinghouse tramfery. W NR%rvw /taster" meene those items that are described in Sect it 3. (My "Agwallansm 1Pteoveds" means any comparsatiem, selfmeet. award of daningrs, or proceeds paid by any third party (other thaw lasarantm proceeds paid under the caverns described in Section 5) for: M dam qp to, or destruction of, the Property; (it) eoodunnadw of other taking of all or any part of the property: (ill) conveyance in lieu of condomatlan: or (ly) mint presentations of, or amisdan as to. the value and/or a n dift of the Property. 00 "Mortgage Romance moans In owte profte ft Leader against the nonpayment of, or deAult on. the L OWL (0) "PaWk Paymme a means the regularly scheduled amount due for (1) ptJnclpal and interest under the Note. plus (IQ any amovats corder Section 3 of this Security instrument. rreulat"RESPA- means the im.. Regulation X ((24 ? C.F.R. Estate Settlement 35Qt3)e, as they might be amended from tine time. or any additional aucc wr ltglslation or regulation drat governs the same subject maser. As used in this Security lostatmrent. Form 3039 BK 1933C'S3345 INSTRUMENT - mud Paw •2 or 18 Dec 14 06 12:48p Jody G-.irad - 717-957-4-45 p.16 'RESPA' MD= to alj aquiretaents and restrictions that we Imposed In regard to a 'federtly rekded mortgage iosn' even W dw Loan does not qualify as a "federally related mortgage km' tinder RESPA. (Q) "SmAxasoe la Interat of $brrnwer" means any pony that has token title to the Property. whether or not that party has assumed Borrower's obligatio43 under the Note snd&r this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY 1'h(s St co ft b1.l trmnett M%mrea to Lender; 0) the repayment of the Loan, and alt renewah. exdemlons end modwAmuom of the Note; and (ti) the performance of Borrower's oovenanty and agneMe is tinder Ibis Seeurlty Instrlrme A And the Note. For this purpose. Borrower does hereby r0ortgage, grant and Convey to MFRS (30* as nominee for Lender and Leader's successors and us%=) And to the succemrs and assigns of MFRS the following described property lotted in the COUNTY of CUMBERLAND 17y" of Ree aftludidettoa) IName orRocw&Slurbdld * which currmrtly has the address of 252-254 N ENOLA DRIVE Isu"I ENOLA , penmsylvania 17025 ("Pro"Addt' aT. ICttrl lZIp Coda) TOGEMIt WT'1'II all the improvements now or huss5sr erected on the property, and all eumneats, appurlemen, and fborw now or herafter a pst of the pro". Ali repb=m* is and add dm shall also be covered by this Satxnity Irtatrumat. Allot the far ogolag is reRn'ed to in this SecurIlly imwiment a the "Property., Borrower wrderAssuh and aRrea that MGRS bolds ody legal iUk lothe to eats grimed by Borrower letbb Security Insirsoneot. but. If aecesaery to comply with law or awl0m, MERS (= nominee far Leader and Lender's suoceam and ass4m) ba the dgbC to ea welsa wq or all of those inter. including. but not Honed in, the right to foreclose, add seR the Property: sod to take any action required of [.ender ld WIng. but not lltbited to. mieasft and canoe ft thin Searlty Ina rwor tit. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the dght to mor4 age, gark and convey the Properly add that the Property is anene mbarod, =ce)u for encoutinmnm of record. Borer w warrants and will defend geacrally the We to the Property againn all daises and dezowtds, suNal to any eocuntbrances of record. THIS SECURITY INSM MENT wanbim tusdormcovenanig for national rise and notmodferet covmx* wltb limited varladons by jurisdiction to constitute a uniform security instrument covering real property. KNN5YLVAMA-SWu0e Fwa Oaols"ftmhomsie Monou-lap Farnde AAea nm*ft MK UNFOW INSTRUMENT - MM www.d4an0Pc nom Farm 3039 01101 Pape 3 of 16 BK 1933F ?-3 4 6 Dec 14 06 12:49p Jody 1.-nrad 717-957-4..45 p.17 UNIFORM COVENANTS. Borrower and Lender Covenant and agree as follows: 1. Payment dprlneipttl. Interest, Escrow Item, Prepaytnemt Char fs. and We Charges. Borrower dull pay when due the principal of, end interest on. the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security lcustrumeat Shall be made to U.S. currency. However, if tiny dwd or other instrument reootved by Lender as payment under the Note or this Security Isstrunictit is returned to Leader unpaid. Lender nay require that any or all subsequent payments due under the Note and this Security Ieatrunne t be math In one or more of the followbg forms. as selected by Lender: (a) cash; (b) money order (rJ cerdfled check, bank duck, tre surer's check or cashkr'a dock, p mn4drd any such cheek is drawn upon as iaLidlrttmr whose deposits are lasar ed by a federal agency. instrunwatallty, or entity: or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at eke km den dedpated in Nte Note or at such other location as may be designated by lender in accordance ,title the notice provisions in Section 15. Lender may return any paynne7nt or partial psymeA if the payment at partial peptnents are insufficient to bring the Lou current. Leader may accept nay payment or partial payment htsuficlent to bring the Loan current, wgkmt waiver of any riot hereunder or prejudice to its rights to refuse such payment or partial payments In the future, but Leader in not obligated to apply each payments at the time such payments are accepted. If each Periodic Payment is applied to of its wledmled due date, tLen Leudef need not pay hma t or un applied funds. Lender may Mild sucb wnpplied fonds untq Borrower makes payment to brbug the Lon oarrent. If Botrinver does not do so within a reasomhle period of time, Leader stab either apply such funds or return them to Borrower. If not applied eartler. such finds will be applied to the oulsb a ft pttracipel balance under the Nate b unedixtely prior to fareclosure. No a1W or daim which Borrower mig)tt have now or in die future against Leader shall renew Borrower from maidrag paytueats due under the Note and this Security Instrument of perlarmiag tie covenants and agreements sawed by this Security Instrument. 2. Applkadlen of Prpaents or Proceeds. Except as otherwise described to ibis Section x. all payments accepted and applied by Lender shall be applied in the following order of priority: (s) Werest die under the Note: (b) p %c* due under the Not,, (c) amounts due under Section 3. Such payments shall be applied in each Periodic Payment In the order in which it bee= due. Any remaining amounts shall be applied flint to late rhsrps, second to any other amount & due under this Seurttty Instrument, and then to reduce the pdacipaf balance of the Note. If Lender reedves a paymmem from Borrower for a delMquent Periodic Payment which inch lea a suftkieat amount to pay any late charge due, the payment may be applied to the delloqueot payment and the late charge. 1f more than one Periodic Payment is oatawading. Leader may apply any payment retdned from Borrower to the mpgrnerd of the Periodic Payments if, and b the extent that, cub payment can be paid it flail. To ilk extent dust any gees edsts after the piyinew Is applied to the bell payment of one or more Periodic Payments. such excess my be applied to any hie charges due. Votnnluy prepayments shall be applied first to ally prepay111e01 ctafW kW that as desctihed In the Note. Any application of payments, insurance proceeds, or Miscellaneaus proceeds to principal doe wider the Note shall not extend or postpone the due data, or change the amount, of the Periodic Payments. 3. Fends for Escrow beaus. Borrower" pry to Lender on the doy Periodic Psymeob are da under the Note, earth the Note Is paid In till, a sum (the "Funds') to provide for payment of amoo m due for. (a) taxes and asses m-aw- and other Items wbkh can mob priority over Mls Security Iastrnanst as a Ikm or encumbrance on the Property: (b) kwehold payments or ground rents on the Property, if or. (c) premiums for any and all insurance required by Leader under Section 5: *ad (d) MotWW Tnuwmm prendums, if any. or any somas payable by Borrow w a+I MMOff - HERS Pop 4 or 16 OK 1933rGb 3347 Dec 14 06 12:49p Jod9 L..nrad 717-957-4x,45 P•18 In Leader in lieu of the payment of Mortgage Insurance ptamltnns in al:oordancc with the provlsbas of Section 10. Tbese items are Bled "Escrow Items." At Shut loo or at anytime during the team of tae Loaa, Lender any require that Cgmrmrairy Association Dues, Fees. and Anew ants. )tarty, be escrowed by Borrower. and such dues, fim ad asscssmeats d a be an Escrow Item. Borrower shall promptly furnish to Lauder all notices of atnoaats to be PAW under this Section. Boevwer shall pay Lender the Funds for Escrow Items unless Lander waives gNTOwer's obligation to pay the Funds for any or all Escrow Items. Lender may naive Borrower's obl%zdoa to pay to Lender Funds for arty orsil Fscrow Items rt airy 0aee. Any such waiver may only be in writing. to the avert odanch waiver. Borrower SW pay directly, when mid where payable, the amounts due for any Escrow )tams for whieb paalrnwt of Funds bras bca waived by Lender and. If ),ender requires, shill furnish to Lender recelpls evidendeg such payntont within such tine petiodas )ender may require. Borrower's obligadpn to make snrh payments and to provide receipts shall for all purposes be deemed to be a covenant and agreeaneat contained in this Security Instrument. m the phrase `covenant and agreement" lb used in Section 9. If Borrower Is obligated to Pay Em vw Items directly. pmmat to a welver. and Borrower fails to pay the amount due for at Escrow Item. Lender may ammise its dgbb trader Seddon 9 and pry such amount and Borrower shall dm be obloted under Section 9 to repay to Larder any such amount. Lender tmay revoke do waiver as to any or all Escrow Iteam at any time by a notice Riven in aocordtmae with Section 15 and, upon suck revocation, Borrower shall pay to Leader all Funds, and in such amounts, that in than rMked under rile Seaton 3. Leader way. at any Woe, collect and boW fronds in an amount (a) sufficient to permit Lender to apply the Pooh at the time specified under 14WA. and (b) not to atceed the naxhaum amo+tat a lender can require under RRWA. Lender Shall wMm* the amount of Fandt due on the basis of current data and reasonable warnates of expenditures of future Esmvw Items or otherwise in accordance with Applicable Law. The Fun& shall be held in an Institution whose deposits are insured by a federal aneaey, tatty, or entity (including Leader, if Lender is as insdindoo whose deposits are so brsumo or In any frcdtnM Hone Lan Barak. Lander shall apply the Funds to pay dw Etlcrow nears so later than the time specified under RWA. I.erlder shall not drarge Vom war for bolding and apptybon the Funds. annually analy*g the escrow account, or verifying thA Escrow how. vales) Lender prays Borrower interest on the Funds and Applicable Law permits Leader to stake such a durge. UVm an agre menl Is made; to writing or Applicoble Law requires tuterast to be paid on rho Funds. Lender shalt ant be required to pay Borrower any b* M at eamiap on the Funds. Borrower and Leader ca agree in writing. howawer, that interest shell be paid on the Fonds. Leader spill give to Borrower, wllhout diarge, an annual accounting of die Funds as required by RJs'SPA. if there is a surplus of Funds held In escrow, as dcflnW tinder RESPA, Lander shall account to Bonvwor for the excess funds in ocsordance with IIESPA. If there h a shortage of Fwds bald In escrow, as deilned under RESPA, Lender shag ratify Borrower as regmtred by RESPA, and Smower shall pay to Leader the aasoant weesstry to malle up the shortage in accmiam with RBSPA. bat In no note than 12 monthly payments, If there ht a deficiency of Funds held in escrow. as chained under RESPA. Lender "notify Borrower as required by RESPA, and Borrower shall pay to lender the amomm aeCesmy to peke up the delMency in accorbmce with RBSPA. but In ad Moore than 12 monthly isgfine s. Upon pomfumt in full of all fRlns secured by this Security Instrument, Lender shill promptly refund to Borrower any Funds held by Lander. 4. Cbngl i Lies. Bomnver shag pair all tooter, assessments. charges. Mines, sad impaeslliou attrwtttabte to the Property which tam attain priority over olds Security Instrument, leaseh Id payments at ground teals on (lte Property. If any, ad Comtmutity Assedoon Dues, Fees, and Atsessaterts. if wary. To the atett butt these items are Escrow Item, Borrower ahali pay them In the manenr provided In Section 3. MMSYLVAMA-Singic F abdlMf w4 ions amo-a&ram mac Farurr mwWmed ae INSMAIMT . MFRS W WMdMVMq&-C M Form 31109 o7Amt P¦r 5 of Is BK 19 33ru3848 Dec 14 06 12:49P Jody L-tirad 717-957-4-45 p.19 Bay~ AM IaoWdy discharge any lieu wbkh has priority over rhls Security Iasttmment unless Borrower.' (a) agrees in writing to the payment of the oMption wetted by the lift In a manner aanptable to Leader, but only so long as Borrower Is performing such agreement; (b) contests the lien in good faith by. or defends against eaforcetnent of the lien in, legal proceedings which in Lender's opinion operate to pt+eve nt the enA temad of the Ilea while those proceedings are pending. but only until sash proceedings are concluded: or (e) secures from the holder of the lien an agreement satishelmy to Leader subordinating the lien to this Security Instrument. If Leader determines that nay part of the Property is sabjeCt to a lhm wbieh can attain priority over this Sa3ulty bMumeta, Lender may give Borrower a notice idwd fyWg the lien. Within 10 days of the date on which that notice is givea. Borrower shall satisf)f the lien or take one or more of the actions sd Earth above in ibis Sedlon 4, Lender may require $oiawer to pay a ontAlme ekarge for a real cote tax vaillcdlon mWor m1wrthng Mvice used by Lender In aonnecdon wbb this Lou. S. Property ItsurafCe, Borrower shalt hap the lmpmvetoents now ahthng at hereafter erected on the Property Insured grind loss by fire, hazards Included rv" the teem '"WPM coverage,' and any otter bat atds loclyding, but not limited to, eardquakes and floods, for wMch Lender requires howance. This iomrow sball be maintained in the amounts (including deductible kvels) and for the periods that Lender requirtt. What Leader requites pursuant to the preceding sentences can change during the term of the Loan. The fo rzanee carrier providing The insumcc shall be cbom by Borr&wersaidect to Lender's ftM to disapprove Barnmer's choke. which right shall not be exerdsed tour a wably. Lender mq require Borrower to pay, to connection with this Loan. eHher: (a) u one, d me Charge for flood zoo detetminsdon, oxdfl 4dgn and tracking services or (b) a one-time C uqp for flood zone determindon and eertillcaetioa 10 4m turd subsequent dnargrs each dame trmapplogrs or sim" change oce trwIM Masonal* mlgbt affect Pxlr dder dUOM or certlticaft, Bommer dull also be oaspondWe foe die payment of any fen Imposed by the Federal l:. mgpnq Managemeat Agency to connection wffb the review of any flood zone determInatlon resulting from as al jealon by Borrower. N Borrower foals ID maintain aoy of the emerges described above, Leader rosy obWe Insurance coverage. at Lender's option and Ban wit's expense, Lender Is wade( no obl*Won to purchase any pwded a• IM or atnmi of coverage. 'l badare, arch coverage stroll cover Leader. but might or might not prow Bo w*w, Borrower's equity In tits Property. or the contents of the Property. against any risk. hezud or liability wd might provide greater or lesser coverage daa was previonsly In efl'ect. Basrower acknowledges that the cost of the bmwance coverage so obtained might slguiflcandy exceed ebe cost of Iowravice drat Oorrewer could have obWred. Any motmts disbursed by Lender under this Section S Shaft become additional debt of Borrower secured by dils Seawity lostriment. These amounts sha114ear Interest at the Note rate hom the date of disbursement and shall are payable, with sw* latMVA upon notice fmm lender to Borrower requesting payment. All ham nce policies required by Lender and renewals of such policies shall be sul jed to Larder's right to disapprove such policies, shalt include a standard mo igsge clause. and shall name Leander a mortgagee =&or as an additional loss payee. Lender " have de ri$bt to hold the policies and renewal certificates. if Leader enquires. Borrower shall promptly give to Lanier all receipts of paid preatiums and renewal nailm. If Be nnm obtains any farm of insurance cOVl W. not odwwfse tegWrW by Loft. for damage to, or desbWdon of. the PrWaty, swh policy sh*U include a standard mortgage Clause and shalt imams Lender as mortgagee and/or as as addltlooal loss payee. In the event of loss, Borrroww s1aaB give prompt notice to the iutarance cantles and Lender. Leader wry Oaks proof of loss if not made promptly by Borrower. Unless Lander and Borrower ode wbe agree in wrung, any insurance proems, whether or not the underlying bm attce was regahed by Lender. slmll be applied to restoration or repair of tike Property. if the restoration or repair is economically feasible and Lender's security is not lessaW. Form BK 1933,rG3349 INSTRUMENT - MFRS Raga 6 or Ze EqM® AM44 rap WW W.doosyk-cony Dec 14 06 12:50p Jody r-irad 717-857-4_6 p.20 DudAg such repair god restoration period, Leader shall have the rigbt to hold such i unill Leader such Property to came the work has been comp Lender's aatisbcdoa, p has pad rovided as that t such such e Inspection to inspect Lander any dlsbarn proceeds for the repairs and shall be undertaken pemnptly. the work is completed, Ualarsa as agreement restomtton In a siwjk payment or in a series of progress p`ya?ts as such hworanes proceeds. [cadet shad em is made in wridog or ppplleable Law regnhrea baterat to be peid lar required to pay Sommer any bores( or carabtgs on web proceeds. Fees for public adjasitrs, or other tided parties, retained by Borrw er ritalt oat be paid out of ibe insurance proceeds and shall he do sole obllgWon of Borrower. if the restoration or repair Is not etanaddeslty feasible or Lender's security Weald be lessened. the isswanae proceeds shall be epphled to the wars centred by this Sear Inatrwmmt. whether or not thee) due, with the c v;ers. if say, paid to Borrower, Such Insurance proceeds sbalh be applied in do order provided for in Section 2. If Bon'awer abandon the Property. Lender may isle, nV ate and settle tiny available lassmee claim and related maaecs. If Borrower does not respond within 30 days to a mace !turn Leader dent the blid'ince tartlet has offered to settle a claim, then Leader may negotitta and settle the claim. The 304ay period will begin when the notice is given. In dt6er event. or if Lernder acepdr+es the Properly under Sec(M 22 or odic whe. Borrower hereby assigns to Leader (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts mpmd under the Note or dos Security Instrument, and (b) any other of Borrower's riois (other than die right to arty tefimd of unearned premiums paid by Borrowed under all Insurance polities covering the Property, insofar ss 3Kh rights are applicable to the conage of the Property. Leader may Mee Ow Insurance proceeds either to repair or rename lht: property or to pay amoemts unpaid under the Note or this Security Instrument. whether or not than due. 6. Oecupaacy. Borrower shall occupy, establish, and We the Property as Borrower's prbrcipah rh0lderate within 60 days situ the execution of this Security Instrument am SW Conatie to OCM th0 Pro" as Borrower's principal residence for at least one year 4' the date of occ '. unless Leader otha ?agre%h ?w?g, WMA consent shall not be smeasonably withheld, or unless cdest odog cuvwrnteae? Bonowar's corarol. 7. Preservation. Malrrttmaacx and Frotetdin of the property. Irraptxtions. Borrower shall not destroy, dsrnsge err Impair the troperty. allow the Ptoperty to deteriorate or coaardt waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall mdatsla the Property in order w prevent the Property from deteriorating or doci aslag in valae due to its Condhlion. Unless it Is dekTminld purer In Section 5 that repair nxscoratloa Is not economically feassible. BorraM shad prom* repair the ]Property bf dram gcd to avoid father deterioration or damage. If losarance or coadeaf utatbn proceeds are paid in canaecdm wild damage to, or the Wring of. the Propem, Borrovrsr shall be responsible for repd rbag or resiorhng the Properly only if I.erder has released prod for such purposes. Lender may disburse proceeds for tie repla and moom4w in a tmglrt payment or in a sake of progress payment's as the work is completed. If die insurance or condeaaodon proceeds are not rAckat oA repair Olt restore the property, Borrower la hart relieved of Borrower's abBgadloM for the cozapltiian of such repair or restoration. Lender or its agent may make reasonable ends upon and tospectioma ofthe Property. Tilt has tlOme Lender rosy inspect tine Interior of the improvements on du Property. Leader shall give of at prior to suet a hrtetlor inspection specifying sock reasonable cruse, 8. Borrower's Loan Application. Bon wv shall be Is defsalt if". daring the Luna application proem, Borrower or nay petsoz or entities wang at do direction of Borrower or with Borg ewer'` 1mD vio* or consent gave materially false, misleadio$. or htaccuraec loformatioo or statements to Lender (or faked to p wAde Lender wltk material information) in eoAraKtlos with the Loan. Material reprtseWans loclode, but we no BMW to, representaaoms concerning Borrower's occupancy of the Property as Borrower's principal residem. WiMUMM - M 7 or 10 9K 19,) j10,)550 17 WE Deo 14 OG 12:50p Jody l._nrad X717-957-4_ t5 P•21 9. rMteetlem of Lea 4w,s IXterest in the Property and Rights Under this Seaw'iey Instroma t. If (a) Botrawer falls to perform the covenants and agrmumn contained in this Security ImMuneat. (b) lbere is a legal proceeding that might signincadly affect Lender's hdn=t to the Property andlor dgbts wader this Seam* hatrwoent (sash as a proceeding in banl Mtge probate, for cwtdomnation or forfeltelre, for enforexmenl of a Men which may attain priodty over this Security instrument at to enfance laws or regulations), or (c) Bor'r'ower has W °hi the Property, then Leader may do and pay for whatever Is reasonable or appropriate m to assessing ft p U valve of the property. Property and rights under ft Security Instrument, Inelnding protecting and securing tailor repairing the Property. Leader's actions an include, but we not Uadied to; (a) paying any saws secured by a lien wblch bas priority am this Seeorliy Instrument; (b) appearing In court: and (t) paying Its s reasorable attorneys' fees to protect its interest in the Property and/or d& under this Security tnstrttmeol, t poshton in a bankruptcy proceeding. Securing Ibe property includes, but Is not limited to, enieerlag the Property to make repairs. dap Rdo. replace or board up doors and windows, drain water from pipes, allmirute building or other code violations or dangerous coodilim. and have uOttles turned as or off. Ald oogll Leader miay take acdom under this Sectim 9. Leader does not have to do so sled Is not under airy duty or abllgodon to do so. h is agreed that Leader inert no Usb ttty few not taking any or an actions authafted under this Section 9. Airy amounts dts4wsiid by Lender under ids Set don 9 matt become additional debt of Spar ower seemed by this Security Instrumenl. Thewe amounts shall beer Interest at the Note rate fmin the date of disbursermem and shall be payable, with such Intent. upon notice from Lender to Sornmer requesting payment.. of the lease. If If rids Seecu'Ity Instrument Iii an a lesaehoid. Borrower shall opmply with all The provisions Borrower acquires fee title to the Property, the lea chold and the fee dde shall not merge pules fender agrees to the UW8W I- writing. Itr mumas a ccadMonk of the Logo,Borrower Yo. M+otrtgagge Insuranrs. If Lender tilted Mart6aBa If, far eta tie Ma'tgage shall pay the premrtatms required to malwato the Mortgage haucanct to effect. , y rensoo. Leserance gage required by Deader ce a0 es to he available from the mortgage Insurer Ad previously f pwvided art d Inorom and Borrower was requited to maim sepmafiely dedspated psyercna toward tba prmbm due M Insurance, E*mwer shill pay the premiums fequhed to obtain ctrverage subst y Mu ire Insurance previously in effect. at a cost subatantielly egddvaferwt to the cost to Sorrovuer of the Mortgage b"rance previously in effect. from an alternate mortgage lostum selected by Leader. If substuad* equivalent Mot Insurance coverage is not svapnble. Harrower' sbal wntMae to pay to Lender the amount of the sep wamty dalgrot payments that trot due when the insurrnee coverage csaatd to he in mitt. Lender will accept, use and reran these payments as a non-rdmdable km intern in lieu of Mortgage 1marance. Such loss reserve shalt be non4efumbdAe. notwithstanding the fact drat the Lola is ultimately paid let W. and Le Ws Abe r?? to pay Donwmr any Interest or earnings on such loss reserve. Lender can so WW txga 1 covvr4e (in the amount and for the period dot Lender requires) provided by an imwr seleeeed by Lewin' again becomes available. Is obudmd, and Lender rcgedm separately desigaaated payments towel the prmatuma for Mortgage Insurance. If Lender rmored Moripp hmarance as a condition of making the Lan and Borrower was mgsired to make aepstely designated payments toward the ptntnhuns fare Mortgage Insurance, Borrower SW Pay the premiums required to mah mht Mortgage Insumance b effort, or to provide a non rduadable km resam, vnW Leader's requirement for Mortgage Isaucaa M ends id aceatdOM Wilk any writbea apseumad between Borrower and Lender providing for such termMation or until te:rminadon is required by Applicable Law. Nothing in this Seaton 10 affem Borrower's oblIgatiom to pay tatmei at the tote provided In the Note. Mortgage lmsuranee reimburses Lender (or way tidily that purchases the Noted tier cerWa losses It may radar if Borrower dots; ant repay the Lam as agreed. Onrroweer Is ant a pally to the Marwgo Insurance. F+mk L%m FWm 3039 INS"WENT - MERS a of 16 BK 19 33E -3351 ?oamn ,awratiraer www.aaa?plGCrrn Mr- Dec 14 06 12:50p Jody (..-trad y• ..-...717-957-4? ,5 p•22 Mortgage insurers evaloate their total task on all such Insurance In force from time to tithe, and may enter into *gmements with other parties mist shoe or nw fy their risk. or reduce losses. These agreements are an terms and coadWom that are saoz&ckq to the mortgage insurer and the other party for pardea) to these agreements. These agreements may require the mortgage Insurer to make payments using arty source of funds that the mortgage Ia:tucr may have available (which may include funds obtained from Mortgage losurartce premiums). As a result of these agreements. Lender, any pardmK of the Now. another Insurer. any rdawrer, my other entity. or ashy simulate of any of the foregoing, may r ecalve (directly or lndhvcdy) amounts that derive from (or a*i be clutmcterlmd as) a portion of Borrower's payments for Mortgage Tnsumm, in exchange for sharing or modlf? tug the mortgage Insurer's risk, or reducing losses. If such agreement p uvidea that an affiliate of Leader takes a share of the inwrer'e rink in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reJnswance." Further: (a) Any stlt:h igxeesnots will not affect the amounts that Borrower bar agmed to pay for Maft ge Ireatranw. or any other hernia ott the Loan. Such agreements will not Increase the amount Burawer wid owe for Mortgage Insurance, and they will not entitle Baarawer to any refund. (la Any sock agree mob will not affect the rob Borrower has - If arty - with respect to the Mortprge lo.surasm under due Herneowsm Protection Act of ISM or any other taw. These rights may bcelttde the right to receive certalo d1sclemm, to r'egwart and obWn ameilallon of the M"jVV reassurance. to have the Mw1poe Iunrun m terminated autumadady. and/or to rw elve arefund urn" Mortgage Iassurance premiums drat were o newmed at the tare of curb caiteellatim or rerminadw. 11. Assignment of Mbvellaaeom Proceeds; Focfeltrre. All Miscellaneous Proceeds are herthy assigned to and shall be pail to Lender. It the Property is damaged. such Nseellaneow Peooeeds shall be appUed to restoration or repair of the Properly. it the restoradoa or repair is etowasically feasible and Leader's secnrity h hat lessened, During such repair and restoration period. Lender shall have the right to hold such MisceDaueous Proceeds wadi Leader bas had as opportunity to Impact such Property to endure do work has been completed to Lmiler's wadactba. provided do swclt bwmdoa alai) be undertaken promptly, leader may pay for the repairs and restoration in a single did wtsu rdo or in a serks of progress psymems as the world is completed. Unless an agreement is made In writing or Applicable law requires interest to be paid an such Miscellaneous Proceeds. tender slid not be regtttred to pry Borrower arty hilerest or eaffAigd on such Miscellaneous Proceeds- If the resimatlon or rep& is nut econon*oly berM eir Leader's saatrlly would be lessened, due Miscellaneous Proceeds shall be applied b the sums muted by this Seatt'hy Instrument, whether or sot then due. With the exa--M If aey, paid to Borrower, Salt Ml=11itneow Pnomb Add be appticd in the order provided for in Section Z. In the event of a total taking. destruction, or loss in value of the Property. Ike Miscellamon Proceeds udrall be applied to the sums secured by this Security Instrument. whether or not then due, with the excess, if say, pdd to Borrower. In the event of a partial taking. destruction. or kiss In value of the Property in which the fair market value of the Property Immedtmefy before the partial taking, destruction. or loss in value is equal to or greater than the amount of the sass secured by this security Instrument Immediately before the padbl ukkag, deshuctlon. or bas In value, unless Bonvwar and Lu derothet'wlae agree in wridng, the sums secured by thbm Security lrotnunetat shalt be reduced by the amottat of die MiKdbmwus Proceeds multiplied by the followlig (ndion: (a) the dolt amount of the am wmrad Im medlatety before the partial taking, destruction, or ins In v9w divided by 0) the fir market value of the Property immediately before the partial taking. destruction, or lose In value, Any balance sbdl be paid to Borrower. Fw", forma WSTRkA tNT . MMJ -W 9of16 aoo.rrWan 3K 19 33; °52 p.23 Dec 14 06 12t50p Jody [.__.arad .M N+ 717-957-4-5 In the MM of a pardal p". destruction, ce lass in value of the Property in which the fair market value of the property immediately before the Puild ta". destnrcdon. or loss it Was is less than the amount of the 510"1 Secured le medtately before the Partial taking. desiructiou. or IM in value, unless Borrower and IMAe?wbNkse agree to writing. the Mboerianaova proceeds Shari be applied to the sums secured by this Security Iascram or not the sums are t n d nder to Borrower t6s1 the OPpo?B Pity (as if doe property is abandoned by Borrower. or if, after nett by Te Bdrreiwer fails to respond to defined to &a nerd sentence) off"& to male en award to scale a rialto f? ad , and the Nils" collect apply Leander within SO days after the date the nonce is given. Lender is sutorh Seawky Dement. whether proceeds either to restotadoat or repair of the Property or to the sumo secured by this Proceeds or not then due. 'Opposing Pa rty" means the third party that o vm > a t whom Borrower bas a riot of action lit regard to Miseell>raebus Proceeds. ll Borrower s&A be In debut If any *ADO or proceeding, whether civil or crialbul. Is begtm that, in LendWs judgment, CM W result in forfeiture of the Property or otba' material Impairment of Usil is Interest in the prop" or rights under this Security Instrument.. Borrower can me sorb a defanlt and. it t ekradoo? occuind, reinstate s as provided is Section 19, by causing ft action or Pr`??gim t uncut of Leader's iateresr in the Prop" older a *01al P'i or rgghts toder th prthiuesrty InsttruofraetMthe Property or of say award or claim for damages that are attributable to We rights enis SSecurity Irm• TPperty to l"+ P?rr? assigned and shall be paid to Lender. iatpsd M of Lender S in the n to restoration or repair of the Property shall be apPticd In the AU of t applied ' intend AD Mlsaeristtaota S Proceeds that are no of Section 2. order provided tar in FOdMranae By Lendw Not a Waiver. roension of the time for payment or i t. on of a of BorroW Not Released; this Security Instntnteot granted by [,ender to Borrower or any Successor r Inn Ititeresi o o of w!slf BouYonOwtx the s shall tuns not Operate e to release the HLWII(y of Borrower or any Sage SM In hilerest Successor Successor is Interest of Borrower of Borrower. Leader"mot be required to comma ce proceediags slipLast any Successor or to refuse to wand titre ON payMig or olherwl+e moMy amortisation of the Seams secured by dais Security Instrutmet by reason of any demand made by the original Borrower or any Successors in Intarat of Borrdwet. Any forbearance by Lender is exercising any right or remedy Including, without litaltallon,L than'sA eof payments from third persona. entitles of Successors in IMeMI of uorrower its atao is arnount en due. shag not he a waiver of or preclude the exercise of arty dgbt or trmedy. IL joint and Seyenral Llebiltty; CcHftwW. &wceiffunmil Assi&= Bu m& Borro er cuvennob and agrees stmt Borrower's obBpiions and BabWry shalt bo joint and srvr?.rai. However, arty gorrower wbo co dgm this Stowity Instrument but does no execute the Note (p "co-sigarr'): (ai) is ext-sil;711e8 this Security tostru MCM only to mortgage. Want and convoy the co-sigocr's lakxast La the PropeM Wider the terms of this Security Intiveaent; (b) is M personally obligated to pay the scams scoured by ft Security Imunizent; and (c) agrees that Leader and any ether Borrower can agree to eodond, modify. forbear or make any scorn modations wlth regard to the turns of this Seciddry Instrument or the Note witboat the co-signer's cotlacnt. Borrower's Sttbjtd to the provisions of Section 18, any Successor In Interest of Borrower wbo a es obBg&WW order this Security laurnment is wMag. and is approved by Lender, shag obtain all of lorrower's rights and beneBb under this Security Instrument. Borrower shall not be released fim Borrower's Isd? of under this Secom Iadtzotrent aim Len r agrees to such release In writing. agreements Security Inugrun=t sbail bind {except as pr ddM in Sa;dm 20) and beetdit the succeners and assess of Lender, 14. Loan 0mrs. Lender may rdtarge Borrotttr fete for services performed in coruWAon wit ?? s default, for the purpose of protecting Landers Interest In the Property and rights oaader this Security I?MTRtx,Ar.NT . MM Pago 10 Or 16 Erg 1933 1 3353 Dec 14 06 12:5lp Jody C. rad 717-957-9 .5 p.24 including. bul not limited lo. attorbgs' fees. property inspection and valuation fees. In regWd to any odor fees, the absence of express authority In this Seaariry Instrument to charge a specific fee Borrmver ftH not as a ptobibitioo on the clwrgtng of such fee. Lender my not ctau$c fees dial are ercpressly Proh by be conOW SMrW ed this Instrument or by ApplfaWbie Law. If the Loan is subject to a law which sets maximum loan cba?rgts, and That law is finally htterpreted so that tier interest or otter loan charges coUeded or to be col ecled in connection with the Loan exceed the permitlei limits. tben: (a) any such lean charge shag be reduced by the amount necessary to reduce the charge (a the pa'miaed penile and M) any sums airudy ooilacwd from Burrower which exceeded permitted limits will be refunded to Borrower. Leader may dot xm to make Ihls refimd by reducing the pdra #d owed under Cho Note or by making a direct paynitint to Borrower. If a refund reduces principal, the reduWen will be treated as a partial prepayment without any prepayment charge twhetbaor not a prepayment charge is provided for unde• the Note). Bonvw es acceptance of any sneb refund made by direct payment to Sommer will comtitute a waiver of ony right of action Borrower might have arising odt of such overcharge. is. Notes. All notices givtm by Harrower or Lender in connection with this Security In *ween t most he in writing. Any notice to Bonvwer in connection with this Security Inslnunent shall be demled to have been givai to Borrower when masted by first class mall or when actually dcUvgmd to Bar owerb notice address if Fen by other means. Notice to any one Borrower Shalt consulate notice to all Borrowers unles; Applicable law expressly requires otherwise. The police addt'ess shall be the Property Address aoless Borrower has designated a substitute notice address by deuce to Leader. Borrower shall promptly notify Lender of Borrower's change of address. If Leader spectties a procedure fa reporting Borrower's cbauge of address. then Borrower "only report a change of addross throegh thin specified procedure. There may be only one designated notice address hnda this Semrlty Indru mot at any one time. Any notice to Lender shall be given by delivering 11 at by mailing it by fist loss mail to Lender's address stated hwela unless Lender bas designated another address by notice to Borrower. Any notice is anmcnon with this Security lon site it shall no be darned to bin been ghrem to Leader uedl actioDy received by LAmder. If any notice regodMd by this Security logno ed is aim rvgWred under Applicable Law, the Applioble Law requirement will salsify the correpHmding n4aireadcnl under this Serenity Mstrwoffl Is. Gevarr q Lax: SevermbBity. Rates of t. onMeden. This S Iltsttutllent shall be governed by federal law end the law of the Jurisdiction in wMch One Property is looted. All rights and obligadtoea contained in lids Seeurlty 145"Mut are subject to any requireroeats fund liraihstie m of Applicable Law. AMUMble law might explicitly a la y allow the parties to agree by coutr'aet or it might be silent. but such dime shalt net be construed as a panobfbltitm against agreement by contract. In On evens that any provision or dam of this Sec urw IrtarneMOt or the Note Conflicts with Applicable: Law, such aonilld +shatt not tftect other provlsines of this Security Imtrvment or the Note which can be ghee offect without die Conflicting provision. Au used in this Security InatuocO, '(a) words of the inucullne gander shall mom awl include amrres mauling nouter words or words of ate t'emWne gender. (b) words In the singular shall min and include the phnnl null vice versa: and (c) the wW "logy" gives sole distsetion wltboat any obliga" to tape Stay action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of liar Security Instrument. 1 it. Transfer of the Property or a Brendan Wend la Baarrawar. As used to this 3ecom is, "latemut in tine Property' means any legal or baanefieid ioterest in the Properly, iIncluding. but act Unfilled to, those kadicisl interests transferred in a bow for deed, conlsad for deed. Matelinma sales walmi or Ocrow, agnedrnml, the httcat of which is the trrmfcr of title by Borrower at a fa>dt+e date to a purchaser. if all or my purl of the property or any bstdcst in the Prope>:ty is sold or transferred (or if Borrower h not a natural person and a booWddd interest In Boerawer Is sold or trend'erred) widwtA Lender's prior written caalsant, 11yy 'e)RM juSTM MENT - MERE Page 11 or 19 8K 193arG3854 Deo 14 06 12:51p Jody r- rad 717-957-'S .5 p.25 Ltndrx may requfre immediate payment in full of all stim xcumd by this Sectifity lwtmmed. Hawcver, this option shall not be exwrewd by Leader if Mach oterdae h probAdled by pppllcahle Law. If Lender pcmrcLgm this option. Leader aboil give Borrower notice of aceelerattaa. The notice shall provide a period of not less than 30 days from am date the notice is given in accordance with Secibn 13 within wb k llorr? most pay all awns secured by this Smcatty Instrument, If Borrow Pails to pay these stems Prior to aot3care demand this period, Leader may Invoke any remedies permitted by 116 Security Instrmne l without flifthof on Borrower. certain Cpp? , BOtTO Boff0wer scull 19. Borrower's Right to mate After Acoderatiorr• U Borrowermeets io the l err (D have the right to have e4becemad of this Security Instrument discontinued at any time prior rot such five days before sale of rho Property 1>?? to any power of sede contained in dds Se:cuthy Irdr+u?t: other period as Appliable Law might spocify for the tumination of Borrower's right to Lander a I earns which jvdgmcnt enforcing this Security Instrument. Thetse coadiftas are twat Borrower: (a) pan's then w&Ad be due aeder this Samelty Instrumenl and the Note as If no aeeehuOdw had occurred; (hlastraaam ianydefult echrdio$. of any other covets, or agreements: (c) pays all expecees incurred in etnfor cing this Seeomy but not limited to. reasonable attorneys' fees. property inspection and valuation fees. and other fens iawrr+ed for the purpose of protecting Leader's ia4erest in Ohs Ptopeaiy and rights under this Severity Instrument: and (,Q takes such actiaa as Lender may reasonably require to assure Mist I.MA .3 inform is the Property and rights ands thk $ewsiy Instrument, and Borrower's obliptlas to pay the sums segued by dos Searky Insiruaort, shall txmth m unrlnnged. Lender may require that Sommer pay mrb teinstatameot sums and expenses in one or mare of the f4owbig fttrras, as selected by Leader. (a) cash; (b) money order: (r) cclgfled check. bank d*&. treasurer's cheek our cashkr's check, provided arty such cheep is draws upon an lost WWo whose dgodu are hisetred by a r and o or entity; or (d) Etecavoic Foods Tn?fer. llpos re mecum of by frovwer. ads Security I t ewe ared herby shall remain hilly efreealve as if on, afceieration bad occurred. However. this right to rchistate shall hot apply in the case of aeeese:Odoa ruder Section IL ire to tw interest la A fsatiree Note ZO. Sub of Note; Cisange of Lone Setvicer; Notice of Grkmea c The Note or a Note (Wilier with this Seen* lasirmeoll can be sold one Or store tunes without prig d might fault in a change to the entity (known as the 'Lon Sewvicar") that collects Periodic Payments due under the Now and this Sccwtty inshvmaat and performs other mortgage loan servicing obligations wider the Nate. ibis S+e mdiy Iaslrurnent, and Applicable Law, 'T'here also might be one or more chnaps of the Donut "cer ourcloW to a sale wbicts will of the Note. V there Is a change of the Loan SwAcer, Borrower will be givers written oft the d :rd ic state the coma Mud geidness of the new Lean Servicer, tee address to which payments shoWd be made lsfaroullm RESPA requires in coxmcft with a soft of transfer of setrvidtig. 9 the Note Is PM and thaudier the LAW is serviced by a Loan Servicer other tuna the purchaser of the Now. the moRgMge loan servicing Obligations to Borrower will remain with the Loan $eMccf or be transferred to a succowt Lone Servtee:r and are not asa®itA by the Note pure mser unless udwrwise provided by the Note purchaser. Neither Borrower not Leader oily cormmme e. join, or be Jolaed to eery Judicial action (as either an individual litigiaeet or the member of a< doss) that arises them the other party's actions putrswant io this Seeority lastruawnt or that alleges that the other parry has bteacbetd any p mvisiou of, or my duty owed by reason of. this Security Instrummt. undl such Borrower or Maim' has notified The ember parry (with such notice given bi cianpllascewith the requiretne m of Section 15) of such alleged breach and atforded the other party heard* a rea ct4ble period after the Sh tnB of stxh notice to take corrective ledost. If Applicable Law provides a Won period which octet Wam betfora ouhtin action cgs be taken. Ow dme period will be deemed to be rearauable for purposes aro the no oeThe na ce of Oven acceleration and opportunity to cure given to Borrower Pursuant to Section 22 ietSTRIliAENT - MUMS pge 12 or 16 BX 1933Prb3s55 717-957-4 5 p•26 Dec 14 06 12i52p Jody r- rad ate 18 SI,aN be dtu??° ' d'c mtioe rsusst to Secdo" "ate those stsbstas tMs S ?. As nand le Ibis Seaton 21: (? *Haorb" e'w and The [oilovft subsimim: Z1. ,,.do" Suhatatsas sPau' nee om products. ??a deldes and Wbid6m vdAdk sd? does llefioed as t47tk Oc hater i0rctt P? entsl l? m, em Oft. gasoline. kero"ae. outer n&e?bie or It tM na radies9thm idatsrla* (b) "Pj+' 0t"? asbestos or fomwddehyde• iate to heap. safety of esprit ? 1n joeated &d tnaierials c°ntai" °>s where the ProP?t7? mmedia) acum, or removal SC*m laws and laws of they m' or Flt means a eondltfon that CRA C KM- contt1e (S) -l??,vtroamcatsi Cleamp" Includes MY 10'Pome ace" C tyen" and (d) an "bnvhoomea Ham" Sttbatsttc"• vtmnotW4 an T.an el ?np, dis9sal. storm. or ce1 dlltcrwlse K ? emit the pt?°? use, ° sp of do, nor allow anytute ? Horror shop not eause or Pe at or In the on or my Uv " Law. (b) wldcb txeates or threaten to release MY HaNdons Subataaces. the Ptopmt7 is it1 viola an a that tla ° or rek se of a H=04ms Substtmce. crmes a to do, anythwg ifietsiali ytronmenal Condidoa, of (e)1?ch• due to the Prescaft- e ng mo S otems scull rot apply to the Qoodittao that adversely affects the vahie of the • of Ham S bmo s' that are but of rmait gtma the Propmty (Wiodit. preserve, Use- or storage an the P Ws and to r&t?id of to be APPrWWc to ""'I resid acts). loo. claim, dam A bwsak of other hxW6 In co l t of (ate yandnny Svbt An, llving the twt ow sabsMUSS t3orrorrer s 1 or reOmI Y 39"'T °r private 4 Y rvnmentd C'OM acdoa by any 8°` MM has acwd knowlts , (h) any l nvs Huardum S?.oe, 04 W lay ar Environ CWW lsw °f wldclt Bofro" , releve or three/ of relesae of my dkm #W value of the bratte i W. lay tp?g• *21&g. d duM of a ?tazae?dotwe Sub&Wce WW1 rdvts'SdY P r, that candttiun causad by the Pie' or Odom or regttlatoty aotl,oriry, or arq? P'Mw "I Property. Yf hate=. at o?? m do s Sobstanee a nB to Property J$ Law. N one ht rein shall Qnta my 006 Of W adfec ream dsrem ari? moons is aceat'daace wry teraoval with ?? Promptly take all aece3?y prat cieaNm• obllgation on Leaser for an Envlro Lender farther Goveow and OEM as follows: NON-UPAFORM COV"TS- shaltereved ane4? to BOrm ea utso t° ? "der Zt. ?l Rte- Len"o istla:Seemitybs t{prateatpriortos ' ? : Borrower's bremb ction Is asdess aAppisab pt0"Wes °tltee )defaot? ° m defy o t be cv d; a°d (* that se (s) the default: (a) the action mq+bad toiresdt adore o[ the :? tnrad by * 11 d may dtheprapwW Lender >>?fadi faikrc to care the dcfinit as mcnt, faredasure by judW1l Pmcetd andsmile to sand io the fot'edit?e P ? nosr?l? [psof btraright to reinstate aftr amelt a ma foredoNW6- it for defauu is rut cored as OR SWCO of a deraolt or any other dd'enu of "'er?ediate y?nt In {up of all sloes secwed Ichilproomed1mg- Lowe =petilled. i endrr at its aptiow may requite ?dm ? byja ?S?2t buttmMt widwat (grow dm d and map fare tftj* Ptavid" to the extent Vermigged by Appts? Lxw. ab.U he erttitlcd to odlect an atlaemm but not hatted tr, attorneys' rea and costs 4 an slues seaff-d by ca" ?tm?t, thb ?lY UMnamat $a the M ReUm- 1 ,,1 WIm ofred became void. After Xch aka' Lw?dQ s d ? aWtc c conveyed s hX JUSTRUNI"T - Mt S PPO 13 of 16 01 ?A=846.13U WWWADURSOLO" RK1933I'Ll3 56 Dec 14 06 12:52p Jody G grad 717-957-4 5 p•27 cordation costs. Ladder may cbarge Borrower a fee for t the fee is Seetrrlty InstrutvenL YArrower shall pay anY re for services rendered and Ole dwpg Secmlty WtrvmeM, but only if ft fee Is paid to a tbird party penaled under Applicable Law. A ? Lsw, waives and releases any error or detects . Waivers. Borrower. to the extent pemitted by pp benefit of as present or future laws 24 la p ngs to enforce 615 Security It?tryment, and heresy frwaives ft om attachmmcntj leery and pie, and bomcftW provlding for stay of execullon• extenstan of time, pcetppt eXenapdoo. mower's time to reinstate provided in Sedioa 19 stoup wend to one htwr Pew 26. Rd+atatement Period. sale ant to this Spry Instrua"t• mle of to the commencement of bidding at a sberffs dt ter st curett by ibis SeCterty tastrument is local to Borrower tq 26. purtbase Monte 1??Sea Imtmment shall be a P? momy mort?ge. entered acquire title to the Property. the Borrower agrees dot the Interest rate payable after a judgment 27. Internal Rate After Judi • from time to time under the Note, oa the NOW Of in as action of mortgage foreclosure shaA be the rate payt?ble to the terms and covenants wMsittod !n this Security BY SIGNING BELOW. Darrower accepts and agn" lawoment and in any Rider exerted by Borrower and retarded with It. (Seal) AHAROLD4.YT B Borrower - 0 Oak (SC4 .Borrower (Seal} .Borrower PJ KK1AG?+ a Oftiddl Sett Notary publIc. stun wo tY Carolina d •t" + M Comm, Ft rocs An.19.20all WUr»: r ` r M-A rrower #B114 G. LL -Bo y ,rti ? ?J(neG}? • I?y?} r (sell -Borrawer Witness: INSTRUMENT - MERS p 14 of RB BK1933PG3857 Deo 14 06 12:52p Jody t_ .trad COMMONWEALTH aF ) ss: ) 717-857-4 .5 Noon CA??'?t?1? COUNTY OF Gump 4)"'e tlooft ? ?? , befog ?. Ps on this the 'DA day of p. 28 HAROLD E. LYTLE, ROSIN G. LYTL>; the undersigned otfllcer, persoaa1ly appelrtd ye(s) LVare subscribed to the Wkwo Instswaeat kpayon to tae (a sit t?Y l "? to he tik person(s) whose es therein eoruaitud- and wiamwiedaw that he/sbc/tbay exmvtod (W=Pe. for Ih In wttaess whereof. I beneunto set my band and official seals. am official Seal a 08 's sill" and BnlhOMr) (Notaq ? tr) Sigaadttt P"I Q 'fitk of Qttka' m' 0sexpires: r.)(-tqt-C9 nom. rvww.dbo?•?' FE(fFreddle Nfoc UNIF=tom sBt54RtJMENT Page 1d at tU FPm? 3038 01101 Bx 1933PG 3858 .._._I.q_.. Dec 14 06 12:53p Jody C-orad 717-357-4-t-5 p.29 o[ R o oK or tM aufhOrlted attorntY of agent of The undem1pet hereby carOfIls that: (t) he/t be is the M ceortgi8a eai nice is: pMel" the Mort6agce nomad to &a wWu W ument; and thl Momilo 44131 6200 OAK 'TREE BLVD. THIRD FLOOR, INDEPENDENCE, 9 ?n't "r?U . Wttatss my hand this day of h a dee a nom. str Authatt? 7 °r AgaW r or 2 D* 1urLar? Momry of 40 gype ar rat Name ? INSTRUMENT - ME pap y6 OF is 6K 1933?uJ359 ....._..-._-...._.,.... Exhibit "B " Deo 14 05 12:56P Jody C,,irad .. Date: 111292005 - ordox Hear: 000028813 Re: Robin C. shalt:-Lytlo 717-957-4-e5 252 NORTH ENOLA DRIY9 ENOLA, Pit 17025 tumBERLAND County MMIBIT 'A' ALL THAT CERTAIN PIECE, parcel or Plot of ground with the buildings and improvements thereon erected, situated in the East Pennsbofollowa'hto/ County of Cumberland and Commonvealth of Pennsylvania, wit: BXQ1NN7NG at a point in the Easterly line vt Altoona Avenue at the distenco of seventy-nine feet and one hundred and six one-thousandths of a foot measured Southerly along said lien of avenue from the Southwesterly extremity of the art of curve connecting the 3outherXy tine of Columbia Road with the Zraaterly line of Altoona Avenue and extending thence North aeventy-nine degrees forty minutes East one hundred and fifty feet: thence South tan degrees twenty minutes East eat and feet: fifty rifty thence fact t to s the n Easterly1lne e of forty Altoona n Avenue hundred and aforesaid, and thence along the Easterly line of North ton degrees twenty minutes west fifty feet to the PLACE OF 39GINNING. P.38 Time: 8:56:20 AM SK I g33? U3368 prdar HNltlbef 000025513 Page: 18 of 6 Exhibit "C" Number 4P 0 'M t 6c)(0 Certified Article November 9, 2006 71611 3401 9849 7563 SSW ' SENDERS RECORD ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morttate on your home is in default. and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pates. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when You meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. If you have any auestions, von may call the Pennsylvania Housing Finance Aeencv toll free at I-800-342-2397. Persons with impaired hearing can call 717--780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERIDA DEL DERECHO A REDIMIR SU HIPOTECA. b HOMEOWNER'S NAME: PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: HAROLD LYTLE 252 254 N ENOLA DR ENOLA, PA 17025 2119006 NOVASTAR MORTGAGE INC. NOVASTAR MORTGAGE, INC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ? IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, •s IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ? IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT LM DAYS. IF YOU DO NOT A-PM FOR EMERGENCY MORIG"G ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS ter! rrr AT TV T" ,cvnr ATWQ UAW T() CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telMphone numbers of designated consumer credit counseling agencies for the county in which the nrouerb is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. V 0 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brink?: it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 252 254 N ENOLA DR ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because of. NONPAYMENT YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 09/01/2006 through 11/09/06 Other charges (explainlitemize): 3253.04 Corporate advances: 0 TOTAL AMOUNT PAST DUE: 3253.04 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3253.04, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made pgvable and seat to: Attn: Cashkdng NovaStar Mortunee 8140 Ward Parkway. n1?_te 300 Kansas City. MO 64114 ][F YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose Wo Yom mortgaged properiv. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 350.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed 350.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you care the default within the THIRTY (30) DAY period. you will not be reaulred to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up m one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due rcasonabIt attornetr s fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as soecrfied in writing by the lender and by perfgo= any other MW=M" under the mortgage. Curing your default In the manner set forth in this notice will restore your mortgage to the same position as ii you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs sale of the mortgaged property could be held would be approrimately 4 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: NovaStar Mortgage, Inc. Address: 8140 Ward Parkway, Suite 200 Kansas City, MO 64114 Phone Number: (888) 289-1208 Fax Number: (816) 627-5854 Contact Person: Collections EFFECT OF SHERIIH'F'S SALE You should realize that a Sheriffs Sale will end your ownersbip of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: ?• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ? TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ? TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) +3 TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER •S TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (please see attached document) PREVIOUS DISCHARGE IN BAN UUPTC y* In the event that the underlying debt has been discbargad as a result of a Prior banlmrptcy Proceed nge NovaStar Mortgage hereby actmowledgm that it is not assessing personal liability for the debt to the borrower(s) and that its recourse in collection matters shall be limited to the collateral described in the security inswmmt. If you have previously received a discharge in bardauptey, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. This letter is written as an attempt to collect a debt and any information obtained will be used for that purpose. Sincerely, NovaStar Mortgage, Inc 4w 0 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: ! 1/6/2006 3:46:15 PM Adams County Interfaith Housing AuftdW 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Wastem PA 2000 Linglesumm Road Harrisburg, PA 17102 888.511.2227 Community Acdon Comnrlssbn of Ceptlal Region 1514 Deny Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717232.2207 maronsths 43 Philadelphia Avenue Waynesboro, PA 17288 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800342.2397 .. ' ' November 9, 2006 7160 9849 7596a 5575 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEO q]ERIS MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT_ COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counsellne Agency. The name, address and phone number of Consumer Credit Counseling Agencies sewing your County are listed at the end of this Notice If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call 717-780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERIDA DEL DERECHO A REDIMIR SU HIPOTECA. 40 HOMEOWNER'S NAME: PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: to ROBIN LYTLE 252 254 N ENOLA DR ENOLA, PA 17025 2119006 NOVASTAR MORTGAGE INC. NOVASTAR MORTGAGE, INC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAY EMS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ? IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, 42 IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ? IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30l DAYS IF YOU DO NOT APPLY P. EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling. agencies for the county in which the M overty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender Lmmediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mort gage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Mortgage Assistance Program To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. %0 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at 252 254 N ENOLA DR ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because of: NONPAYMENT YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 09/01/2006 through 11/09/06 Other charges (explain/itcmi=): 3253.04 Corporate advances: 0 TOTAL AMOUNT PAST DUE: 3253.04 HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3253.04, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa - ' must made either by cashier's check. certified check or money order made vavable and sent to; Attn: Cashierinsr NovaStar Mortntte- 8140 Ward Parlrwav Suite 300 Kansas City. MO 64114 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri ghts to accelerate the mort¢aae debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose 00 your mortgaged pry. b 0 IF THE MORTGAGE IS FORECLOSED UPON-The rwrtgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and _prevent the sale at any time uu to one hour before the Sheriffs Sale You may do so by ka jU the total amount then oast due, phis any late or other d;rges then due reasonable attornev's fees and costs connected with the foreclosure sale and an rM other costs connected with the Sheriffs Sale as suecrfied in writing by the lender and by performing any other Mgturaments under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 4 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: NovaStar Mortgage, Inc. Address: 8140 Ward Parkway, Suite 200 Kansas City, MO 64114 Phone Number: (888) 289-1208 Fax Number: (816) 627-5854 Contact Person: Collections EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. W40 r YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ? TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. y TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) 0 TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ? TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. •:* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (please see attached document) PREVIOUS DISCHARGE IN BANKRUPTCY: In the event that the underlying debt has been discharged as a result of a prior bankruptcy proceeding. NovaStar Mortgage hereby acknowledges that it is not assessing personal liability for the debt to the borrower(s) and that its recourse in collection nutters sball be limited to the collateral described in the security instrument. If you have previously received a discharge in bankruptcy, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of alien against property. This leuer is written as an xnarnpi to collect a debt and any information obtained will be used for that purpose. Sincerely, NovaStar Mortgage, Inc 4 a HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 1102006 3:46:15 PM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Unglestown Road Harrisburg, PA 17102 888.5112227 Community Action Commission of CapWl Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 t.omhip, Inc. 2320 North 5th Street Harrisburg, PA 17110 717232.2207 Msranathe 43 Philadelphia Avenue Waynesboro, PA 17268 717.782.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 4. • November 9, 2006 . g84q 7563 5522 Isis ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP1may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Affenev. The name, address and phone number of Consumer Credit Counseling _Agencies serving -your County are listed at the end of this Notice. If you have any anestions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call 717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERIDA DEL DERECHO A REDI IIR SU HIPOTECA. HOMEOWNER'S NAME: PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: s HAROLD LYTLE 252 254 N ENOLA DR ENOLA, PA 17025 2119006 NOVASTAR MORTGAGE INC. NOVASTAR MORTGAGE, INC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: 4* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, ? IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND •3 IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WI'T'HIN THE NEXT QM DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" FXPI.AW HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies-listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of dcsigpated consumer credit counseling agencies for the county in which the ur Rgg is located am set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. ke" s YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency, under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be, pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring ft up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at 252 254 N ENOLA DR ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because of. NONPAYMENT YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 09/01/2006 through 11!09106 Other charges (explain/itemize): 325304 Corporate advances: 0 TOTAL AMOUNT PAST DUE: 325304 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3253.04, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pates moist be made either by cashiers check. certified check or money order made vavable and sent to: as: Attn: Caahieri NoyaStar Mortara 8140 Ward Parkway. Suite 300 E nsas City. MO 64114 1F YOU DO NOT CURE. THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the :....da kgej b m exercise its rights to accelerate L moM¢ane debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If frill payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged orooerty. 4,w 0 IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and orevera the sale at any time up to one horn' before the Sheriffs Sale You may do so by payuie the total amount then oast due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as soecnfied in writing by the lender and by performing smother rewuements under the mortgagee. Curing your default in the manner set forth, in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 4 ..month from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the We. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Nova5tar Mortgage, Inc. Address: 8140 Ward Parkway, Suite 200 Kansas City, MO 64114 Phone Number. (888) 289-1208 Fax Number: (816) 627-5854 Contact Person: Collections EFFECT OF SHERIFF'S SAIX-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your tight to occupy it If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the leader at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or' ransferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. ?wv 4 YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. •} TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) v TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ? TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. ? TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (please see attached document) PREVIOUS DISCHARGE IN BANKRUPTCY: In the event drat the underlying debt has been discharged as a result of a prior banlauptcy proceeding, Novastar Mortgage hereby sclowwledges that it is not assessing per=W liability for the debt to the borrower(s) and that its recourse in collection matters shall be limited to the collataal described in the security insWrnent. If you have Previously received a discharge in banlmsptcy, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. This letter is written as an attempt to collect a debt and any information obtained will be used for that purpose. Sincerely, NOVaStar Mortgage, Inc j c HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11 /612006 3:48:15 PM Adams County 3 *vbnh Housing Autlho ty 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Weetsm PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captiai Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranathe 43 Philadelphia Avenue Waynesboro, PA 17288 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Number Certified Article 7160 3901 DA491 7563 5539 November 9, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in defauk and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPS may be able to hog to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselin en . The name. address and phone number of Consumer Credit Counseling Agencies servine your County are listed at the end of this Notice. If you have any questions. You ma call the Pennsylvania.ce A en toll free at 1-800-342 2397. !Persons with impaired hearing can call 717-780-1869 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. PUES LA NOTIFICACIO CH EON AADJUNT??ES? D? SUMA IE UT??? SI NO AFECTA SU DERE COMPRENDE EL CONTENMO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INME? EC AGENCY) CARGOS AL AGENCIA (PENNSYLVANIA HOUSING MENCIONADO ARRIBA. PUEDES SER ELGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERIDA DEL DERECHO A REDIMLR SU HIPOTECA. ?W 6 HOMEOWNER'S NAME: PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: ROBIN LYTLE 252 254 N ENOLA DR ENOLA, PA 17025 2119006 NOVASTAR MORTGAGE INC. NOVASTAR MORTGAGE, INC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYA ELIGIBLE CH CAN HO FROM FO CLOSURE D YOUR WHI HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY A CAE ACT OPROVISIONS 983 (THE "A?G"T+H YOU MAY _B+E EMERGENCY MORTGAGE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: •S IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, d• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND 4- IF YOU MEET OTHER ELIGIBILITY O?CUIEREEMEN TS ESTABLISHED BY THE PENNSYLVANIA TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WT? THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGEN M Arc 1 yr HIS ASS TANCE YOU ST B G YO MORTG G T E UP N CE AL OW T CURE Y UR MORTGA E DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies fisted at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers >v which the urt of designated consumer credit ceunseling,agencies for the co nrooorty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. j C YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed banlavptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it na to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at 252 254 N ENOLA DR ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because of: NONPAYMENT YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 09/0112006 through 11109/06 Other charges (explainlitemize): 3253.04 Corporate advances: 0 TOTAL AMOUNT PAST DUE: 3253.04 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3253.04, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified chrcx or moneev order made oavable and sent to: Attn: CM No Star Mortnee 8140 Ward Parkway. Suite 300 Kansas City. MO 64114 IF YOU D NOT [7TRF WE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender ,ntr.xia to exercise its rip?ts to accelerate the mortaaae debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made eclose within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to f? upon your mortgaged 99 '• IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ,ypu still have the ngbt to cure the default and prevent the sale at any time = to hour before the Sheriffs Sale You may do sorb ++ paving the total amount then past due plus any late or other charges then due reasonable attomeys fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as soectfled in writing by the lender and bygerfort =any other rear nm under the mortaaae. Curing your default in the manner set forth In this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERW'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 4 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the leader. HOW TO CONTACT THE LENDER: Name of Lender: NovaStar Mortgage, Inc. Address: 8140 Ward Parkway, Suite 200 Kansas City, MO 64114 Phone Number: (888) 289-1208 Fax Number: (816) 627-5854 Contact Person: Collections EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your fianishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. ? L YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. •r TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) of TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. $• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. r• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (please see attached document) PREvious DISCHARGE IN BANKRUPTCY- In the event that the underlying debt bas been di dwpd as a result of a prior bankruptcy proceeding, NovaStar Mortgage hereby acbarowkdges flat it is not assessing pawW liability for the debt to the borrower(s) and fiat its recourse in odimfion mattes shall be linuted to the collateral described in the security immune If you have previously received a discharge in bankruptcy, 0& correspondence is not and shwM not be construed t0 be an attempt to collect a debt, but only onforcerrmt of a lien against property. 'ibis letter is wn m as an attempt to coflect a debt and any information obtained will be used for that purpose. Sincerely, NovaStar Mortgage, Inc 1 ? HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: t 1162006 3:46:15 PM • Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Unglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captlol Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Exhibit "D" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION AMENDED PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1692 1. The law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting a debt. 2. The amount of the debt is stated in the attached letter, or Complaint 3. The Plaintiff named in the attached letter or complaint is the creditor to whom the debt is owed, or is the servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the letter or complaint will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the attached letter or complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. FEDERAL LAW GIVES YOU THIRTY (30) DAYS AFTER YOU RECEIVE THIS NOTICE TO DISPUTE THE VALIDITY OF THE DEBT OR ANY PART OF IT. THE LAW DOES NOT REQUIRE THAT WE WAIT UNTIL THE END OF THE THIRTY-DAY PERIOD TO CONTINUE WITH THE SUBJECT LEGAL ACTION. IF, HOWEVER, YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY-DAY PERIOD THAT BEGINS WITH YOUR RECEIPT OF THIS LETTER, THE LAW REQUIRES THAT WE SUSPEND OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT IN THE FORECLOSURE SUIT FORYOUR FAILURE TO RESPOND TO THE ATTACHED COMPLAINT WITHIN THE TIME REQUIRED UNDER THE SUMMONS, UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. IF YOU REQUEST VALIDATION OF H HEREIN, TO RESPOND TO THE SUMMONS AND COMPLAINT UNTIL OBLIGATION WE RESPOND WITH THE REQUESTED INFORMATION 8. Written requests should addressed to Law Offices of Mattleman, Weinroth & Miller, 401 Route 70 East, Suite 100, Cherry Hill, NJ 08034, Attn: Foreclosure Department. g. This is attempt to collect a debt, and any information obtained will be used for that purpose. Ul W S2. T r 4 n ' +s .-k) MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY I.D. NO. 80193 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NEW JERSEY 08034 (856) 429-5507 ATTORNEY FOR PLAINTIFF NOVASTAR MORTGAGE, INC. 8140 WARD PARKWAY KANSAS CITY, MO 64114 vs. PLAINTIFF HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANTS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 06-7301 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that on the 29th day of January, 2007 1 have served a true and correct copy of the Complaint in Mortgage Foreclosure on all parties named herein at their last known address or upon their attorney of record by regular and certified mail, postage prepaid to the addresses listed below. Robin G. Sheetz-Lytle 865 Doggett Rd., Forest City, NC 28043 Harold E. Lytle 865 Doggett Rd., Forest City, NC 28043 WEINROTH, BY: Robert W. CLWick, ? Attorney for Plaintiff MILLER N 0 00, 0' m Z © D D 3 m ? m 0n Z .5,::! A ?U3 c Q W, o -•N W 3 a m? "? 00 c W7 )` a m :: a y onopm - • 3 3 m 70 m yww°1wm j H y ooopm? a?mafn T m y r.w 3?3 V y? ?a?m?1 mo wm -" / o co M O w ?anru c VO v°c?0- m ?? wa-Im m p w 0w : mc0-c CDma ° mm?Oama w o } 3_Mau`?i y D A 3 ?y y? W ?J n 1 ?' Qm Q y o a0 o' D C3 50 o CD Q YNl -r m "C S c;t -67 Cy O } O 3 p Er CD ' D °-' co °? b? w w ma 3 ° 8 °? 7 N N 00 (D' CD m m !? in m Q I J Q YY??-- m m Q Q C Q Q' o m X P rQtr A " o 03 x D rU 13 ~y w CD (a ID 25* lJJ $ m m c c m < t - d. j Cl- C3 w C3 ES? 0 ?13 n? ?'F m 2 • a N n z ' 2 T y 3 q? ca ` ; W 0 6 - Cp e • N 0 ?a 'a C7 ? ,. ? n O 's y { 3 ? vc m O_? Z-0 m 3 O m ?? o" 0 a m Zo D D n N m a ` c w m a? CD 0 :2. `? t? m ?^ ? }w -_ . _ -1 ?? -t C? . F ., ? t.. C,; -+: MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE Attorney I.D. No.: 80193 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff File No.: 859.68577 NOVASTAR MORTGAGE INC. 8140 WARD PARKWAY, SUITE 200 KANSAS CITY, MO 64114 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 06-7301 CIVIL TERM vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 PRAECIPE TO ENTER DEFAULT JUDGME]Tr DEFENDANT TO THE PROTHONOTARY: Kindly enter Default Judgment in favor of Plaintiff, Novastar Mortgage Inc., and against the Defendants, Harold E. Lytle and Robin G. Sheetz-Lytle, for failure to Answer the Complaint in Civil Action Mortgage Foreclosure. Service of the Complaint was made on the Defendants, Harold E. Lytle and Robin G. Sheetz-Lytle, via regular/certified mail at an out of state address on January 8, 2007. Assess Damages as follows: Principal Balance Interest through 02/16/2007 Foreclosure Attorney Fees/Cost Late Charges Property Inspection BPO's Total Amount of Judgment $119,519.50 $6,135.95 $3,490.20 $364.82 $43.50 $275.00 $129,828.97 MATTLEMA NROTH & MILLER BY: ESQUIRE ATTORNEY I.D. NO.: 80193 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary TO: Harold E. Lytle NOVASTAR MORTGAGE INC. 8140 WARD PARKWAY, SUITE 200 KANSAS CITY, MO 64114 PLAINTIFF vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 06-7301 CIVIL TERM NOTICE PURSUANT TO RULE 236 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTION CONCERNING THIS NOTICE, PLEASE CALL: ROBERT W. CUSICK, ESQUIRE #80193 MATTLEMAN, WEINROTH & MILLER (856) 429-5507 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary TO: Robin G. Sheetz-Lytle NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF DOCKET NO.: 06-7301 CIVIL TERM vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANTS NOTICE PURSUANT TO RULE 236 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTION CONCERNING THIS NOTICE, PLEASE CALL: ROBERT W. CUSICK, ESQUIRE #80193 MATTLEMAN, WEINROTH & MILLER (856) 429-5507 MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE Attorney I.D. No.: 80193 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF DOCKET NO.: 06-7301 CIVIL TERM vs. HAROLD E. LYTLE AFFIDAVIT OF ADDRESS ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANTS COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, ROBERT W. CUSICK, Esquire, being duly sworn according to law, upon my oath, depose and say: 1. 1 certify that the Plaintiff's address is 8140 Ward Parkway, Suite 200, Kansas City, MO 64114. 2. 1 certify that the Defendant's address for Harold E. Lytle is 865 Doggett Rd. Forest City, NC 28043. 3. 1 certify that the Defendant's address for Robin G. Sheetz-Lytle is 865 Doggett Rd. Forest City, NC 28043. 4. 1 certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Sworn and Subscribed to before me this 19 day of 9:??? ? 211 KNW K. HOUDAY NCKA1l9f FUSIX OF MEW 0 1111001 ftPkft3/2ft)0 MATTLEIVI WE NROTH MILLER ROBERT W. CUSICK ESQUIRE ATTORNEY I.D. NO.: 80193 MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE Attorney I.D. No.: 80193 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF DOCKET NO.: 06-7301 CIVIL TERM vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 AFFIDAVIT OF NON MILITARY SERVICE DEFENDANTS COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND I, Robert W. Cusick, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: That the Defendant is not in the Military Services of the United States of America or any other Country within the provision of the Soldiers' and Sailors' Civil Relief Act of Congress, as amended; and 2. That the Defendant(s) are at least 21 years of age and reside at: (a). Harold E. Lytle is 865 Doggett Rd. Forest City, NC 28043. (b). Robin G. Sheetz-Lytle is 865 Doggett Rd. Forest City, NC 28043. The Affidant has ascertained the foregoing information by personal inquiry and knowledge and makes this Affidavit with the authority. Sworn and Subscribed to before me this jR day of Rbrow-j, 200.-? Illy K. "OUDAY NM1iC11 K OFNEW 3/2VX10 MATTLEMMINR & MILLER ROB E , UIRE ATTORNEY I.D. NO.: 80193 MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE Attorney I.D. No.: 80193 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF DOCKET NO.: 06-7301 CIVIL TERM vs. HAROLD E. LYTLE AFFIDAVIT OF SERVICE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANTS COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND Robert W. Cusick, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: 1. I am a member of the firm of Mattleman, Weinroth & Miller, attorneys for Plaintiff in the above entitled cause of action. 2. Notice, Rule 237.1 was forwarded to the Defendants' place of residence by regular and certified mail on January 31, 2007 and has not been returned to this office, therefore it is assumed that same has been delivered to the Defendants. Sworn and Subscribed to before me this ?ci day of 2007. IMIM K, Y rw W ti MATTLEM W I TH & MILLER ROBERT W. CU SICK, ESQUIRE ATTORNEY I.D. NO.: 80193 MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE Attorney I.D. No. 80193 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 TO: Robin G. Sheetz-Lytle 865 Doggett Rd. Forest City, NC 28043 Date of Notice: 01/31/2007 File No.: 859.68577 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY. MO 64114 PLAINTIFF DOCKET NO.: 06-7301 CIVIL TERM vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANT NOTICE, RULE 237.1 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. UNLESSYOU ACT WITHIN TEN 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 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, 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MtEt. N , , W ROSH & MILLER ROBERT W. CUSICK ESQUIRE ATTORNEY I.D. NO. 80193 MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE Attorney I.D. No. 80193 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 TO: Harold E. Lytle 252-254 North Enola Drive Enola, PA 17025 Date of Notice: 01 /31 /2007 File No.: 859.68577 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANT DOCKET NO.: 06-7301 CIVIL TERM NOTICE, RULE 237.1 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. UNLESSYOU ACT WITHIN TEN 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 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, 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MATTLE-MAN, WEIVOTH 8,M-LLER ATTORNEV.D. NO. 80193 MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE Attorney I.D. No. 80193 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 TO: Robin G. Sheetz-lytle 252-254 North Enola Drive Enola, PA 17025 Date of Notice: 01/31/2007 File No.: 859.68577 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANT DOCKET NO.: 06-7301 CIVIL TERM NOTICE, RULE 237.1 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. UNLESSYOU ACT WITHIN TEN 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 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, 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MATTL P,WEI RO & MILLER ROBERT W. CUSICK ESQUIRE ATTORNEY I.D. NO. 80193 MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE Attorney I.D. No. 80193 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 TO: Harold E. Lytle 865 Doggett Rd. Forest City, NC 28043 Date of Notice: 01/31/2007 File No.: 859.68577 NOVASTAR MORTGAGE INC. COURT OF COMMON PLEAS 8140 WARD PARKWAY, SUITE 200 CUMBERLAND COUNTY KANSAS CITY, MO 64114 PLAINTIFF vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANT DOCKET NO.: 06-7301 CIVIL TERM NOTICE, RULE 237.1 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. UNLESSYOU ACT WITHIN TEN 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 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, 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MA AN, WE RO & MILLER ROBERT W. CUSICK ESQUIRE ATTORNEY I.D. NO. 80193 (;tM i it-itu ivi.C (Domestic Mail Only; Nt r- Ln m rl Postage $ ru Certified Fee O C3 Return Receipt Fee O (Endorsement Required) M Restricted Delivery Fee r.1 (Endorsement Required) CO 0 Total Postage & Fees Jz p Mr?, o t t No.; r* or PO Box No. ru ru , , 4 t 'WEN= L M rql Postage $ ru Certified Fee 0 Q Return Receipt Fee (Endorsement Required) r Restricted u I -i r ked) dorsement Req (En 43 0 Total Postage & Fees _D C3 Se D r. -or 1 L Postmark Here Postmark Here r? -r t111lii4iIilRl1114¦ (Domestic Mail O? MAE M r=1 Postage $ ru Certified Fee C3 C3 Return Receipt Fee O (Endorsemen± Required) C3 Restricted Delivery Fee r.., (Endorsement Required) F CO C3 Total Postage & Fees s M C3 r`- a 0 ru 0 M r-q Postage $ ru Certified Fee O C3 Return Receipt Fee 0 (Endorsemer4 Required) O Re ad o I rq (En d rsement Req. red) to 0 Total Postage & Fees ...D O SentTI/ , r O te` l? ? -5`trset, -- ,? r„ Postmark Here IAL USE Postmark Here 3 N D lJ? i1 !V ^` Uj n cY. 72 -0 r C, F co COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOVASTAR MORTGAGE, INC. 8140 WARD PARKWAY KANSAS CITY, MO 64114 PLAINTIFF vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANTS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 06-7301 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above referenced matter: 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 (LEGAL DESCRIPTION ATTACHED) Amount Due $129,828.97 Interest from 02/17/07 to 06/13/07 TOTAL: (Costs to be added) $ 7,7a9.73 137,618.70 Rob sick, ESQUIRE Attorney ID: 0193 Mattleman, Weinroth & Miller 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 Attorney for Plaintiff (856) 429-5507 tA3 c c ? ? a aJ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7301 Civil CIVII. ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: due NOVASTAR MORTGAGE, INC., Plaintiff (s) To satisfy the debt, interest and costs From HAROLD E. LYTLE AND ROBIN G. SHEETZ-LYTLEd to sell SEE LEGAL (1) You are directed to levy upon the property of the defendant (s) 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: ent has been issued; (b) the garnishee(s) is enjoined from notify the garnishee(s) that: (a) an attachm roe of the defendant and to any debt to or for the account of the defendant (s) and from delivering any p paying p rtY foun (s) or otherwise disposing thereof; ct to attachment the pos (3) If property of the defendant(s) not levied re directedtoenotify him/her that he/she has beensadded as a of anyone other than a named garnishee, you garnishee and is enjoined as above stated. Amount Due $129,828.97 Interest FROM 2/17/07 TO 6/13/07 - $7,789.73 Atty's Comm % Atty Paid $149.20 Plaintiff Paid Date: MARCH 9, 2007 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $1.00 Other Costs C s R. Long, P nota By: Deputy Name ROBERT W. CUSICK, ESQUIRE Address: MATTLEMAN, WEINROTH & MILLER 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone : 856-429-5507 Supreme Court ID No. 80193 MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY I.D. NO. 80193 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NEW JERSEY 08034 (856) 429-5507 ATTORNEY FOR PLAINTIFF NOVASTAR MORTGAGE, INC. 8140 WARD PARKWAY KANSAS CITY, MO 64114 PLAINTIFF vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANTS. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 06-7301 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Novastar Mortgage, Inc., Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 252-254 North Enola Drive, Enola, PA 17025: 1. Name and address of Owner(s) or Reputed Owner(s): Harold E. Lytle 252-254 North Enola Drive Enola, PA 17025 Robin G. Sheetz-Lytle 252-254 North Enola Drive Enold, PA 17025 Harold E. Lytle 865 Dogget Road Forest City, NC 28043 Robin G. Sheetz-Lytle 865 Dogget Road Forest City, NC 28043 2. Name and address of Defendant(s) in the Judgment: Harold E. Lytle 252-254 North Enola Drive Enola, PA 17025 Robin G. Sheetz-Lytle 252-254 North Enola Drive Enold, PA 17025 Harold E. Lytle 865 Doggett Road Forest City, NC 28043 Robin G. Sheetz-Lytle 865 Doggett Road Forest City, NC 28043 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Novastar Mortgage, Inc. (Plaintiff herein) 8140 Ward Parkway - Suite 200 Kansas City, MO 64114 East Pennboro Township Treasurer 98 S. Enola Drive Room 101 Enola, PA 17025-2796 East Pennsboro Township Tax Collector 98 S. Enola Drive Enola, PA 17025-2796 Cumberland County Court Administrator 1 Courthouse Square - 3R Carlisle, PA 17013 Unemployment Compensation Fund 16" Floor L and I Building Harrisburg, PA 17121 Unemployment Compensation Fund Department 280946 Harrisburg, PA 17128 United States Treasury Department P.O. Box 12051 Philadelphia, PA 19105 Domestic Relations Court 13 North Hanover Road Carlisle, Pa 17013 Pennsylvania Department of Revenue Bureau of Compliance Atn: Keith Richardson 4th & Walnut Sts. Harrisburg, PA 17128 Mr. John Roller Chief Probation and Parole Officer Cumberland County Courthouse One Courthouse Square, Third Floor Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Treasurer 1 Courthouse Square Carlisle, PA 17013 Cumberland County Clerk of Courts 1 Courthouse Square - 2"d Floor Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Novastar Mortgage, Inc. (Plaintiff herein) 8140 Ward Parkway - Suite 200 Kansas City, MO 64114 5. Name and address of every other person who has any record lien on the property: None known. 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: Occupant 252-254 N. Enola Drive Enola, PA 17025 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Occupant 252-254 N. Enola Drive Enola, PA 17025 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. Robert %UktAk, ESQUIRE ATTORNEY I.D. NO.: 80193 Sworn and Subscribed to me this J-th Day of h1L-v LV'? , 2007. r Notary Public ICES L MONDAY NfX11iR1f FAVIC OF NI:1MAIIIM C=Mb " a3MMO C'. - .-.? ' - ? ray ?.: ??, t - - -- ? ;-?, - ?-;} . ?e? _? _- c? '?` _.. w NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE PLAINTIFF/SELLER: NOVASTAR MORTGAGE, INC. DEFENDANT(S): HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE PROPERTY: 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 NO.: 06-7301 CIVIL TERM The above captioned property is scheduled to b dCoat Sheriffs Sale on urthouse Square, CarElis13,L2007 at le, Pennsylva oa A.M. in the Cumberland County Courthouse, One 17013. You may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the de Sheriff dance with the schedule unless exceptions 30 days after the sale. Distribution will be m are filed thereto within 10 days after the filing of the schedule. Sincerely Ro .Cusick, Esquire MATTLEMAN, WEINROTH & MILLER Attorney ID.: 80193 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 File No.: 859.65877 MATTLEMAN, WEINROTH & MILLER BY: Robert W. Cusick, Esquire Attorney I.D. No.: 80193 401 Route 70 East, Suite 100 Cherry Hill, New Jersey 08034 Telephone: (856) 429-5507 Facsimile: (856) 964-0156 Attorneys for Plaintiff NOVASTAR MORTGAGE, INC. 8140 WARD PARKWAY KANSAS CITY, MO 64114 File No.: 859.68577 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 06-7301 CIVIL TERM PLAINTIFF VS. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 DEFENDANTS. TAKE NOTICE: Your house (real estate) at 252-254 North Ea?a n Drive, Cumben and County Courthousescheduled One be sold at Sheriff's Sale on June 13, 2007 at 10 O Courthouse Square, Carlisle, PA 17013 to enforce the Court Judgment of $129,828.97 obtained by Novastar Mortgage, Inc. 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 canceled if you pay to Robert W. Cusick, Esquire, Attorney for Plaintiff, attorneys fees due. To find out how much you back payments, late charges, costs and reasonab Y must pay, you may call Robert W. Cusick, Esquire, at (856) 429-5507. 2. You may be able to stop the Sale by entered. asking the Court to postpone the Judgment, if the Judgment was improperly the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. DOES TAKE PLACEE OTHER RIGHTS YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU EVEN IF THE SHERIFFS SA 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Robert W. Cusick, Esquire, at (856) 429-5507. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Robert W. Cusick, Esquire, at (856) 429-5507. 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 you{hahouse t money. filed e l bSheriff on July 13, e paid out n accordaOce whth will Schedule will state who will be receiving Y The money this schedule unless exceptions (reasons why the proposed Distribution is wrong) are filed with the Sheriff ten (10) days after. 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 OR TE EPHONE THE OFFICE LOISTNOT HAVE A ED BELOW LAWYER OR CANNOT AFFORD ONE, GO TO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 t O -Tl , -,.-, f 7l 4? - co -C MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE ATTORNEY I.D. NO. 46450 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NEW JERSEY 08034 (856) 429-5507 ATTORNEY FOR PLAINTIFF NOVASTAR MORTGAGE, INC. 8140 WARD PARKWAY KANSAS CITY, MO 64114 vs. PLAINTIFF HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANTS. STATE OF NEW JERSEY COUNTY OF CAMDEN : COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 06-7301 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.2 SS I, John C. Miller, III, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say: 1. 1 am a member of the firm of Mattleman, Weinroth & Miller, attorneys for the Plaintiff in the above entitled cause of action. 2. The sheriff sale in this matter is scheduled to take place on June 13, 2007. 3. On March 26, 2007 the Notice of Sheriffs Sale of Real Property was served on the defendants, Harold E. Lytle and Robin G. Sheetz-Lytle via certified and regular mail at 865 Dogget Road, Forest City, NC 28043. Copies of the certified mailings and United States Postal Service data is attached hereto and made a part hereof as Exhibit "A." 4. On April 12, 2007, the Handbill/Sheriffs Sale Bill was posted on the subject property. A copy of the Affidavit of Service is attached hereto and made a part hereof as Exhibit "B." 6. On March 8, 2007, a copy of the Notice of Sheriffs Sale of Real Property was sent to all parties in interest and claimants by registered mail. A copy of the receipt of registered mail is attached hereto and made a part hereof as Exhibit "C." Sworn and Subscri ed to before me this (mob Day of "\O-A 2007. Notary Public Kum K. NOWAY NOTAW 11 W OF IN IIIIII10 X10 Exhibit "A" r%- r p^ , N 0 Postage $ D 1 "? • (L% l M Certified Fee Postmark Q Return Receipt Fee d (Endorsement Required) H Z_ P? `] O Restricted Delivery Fee (Endorsement Required) O Lr) rrq Total Postage & Fees $ fLJ Sent i._ . C3 or PO Sox No. .. ---1L ru rLi OIAL USE (1" 1 -7 C3 Postage $ D?-{ 9 0 M Certified Fee Postmark M Return Receipt Fee Here C3 (Endorsement Required) 0 Restricted Delivery Fee O (Endorsement Required) 0 f?( Lri ra Total Postage & Fees Is ru yt- -- ----------- a s?4 apt. ?.; . ` or Po Box No. ? 1 - -------------- ?. JP+4 ---- Set-, Reverse lot InstructLgL 3800, AtIgUst 2006 USPS - Track & Confirm Page 1 of 1 Track & Confirm Track Confirm Search Results Label/Receipt Number: 7006 2150 0004 3047 9774 Status: Delivered Your item was delivered at 3:35 PM on March 26, 2007 in FOREST CITY, NC 28043. Track & Confim ?Enter Label/Receipt Number. ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 5/18/2007 i„ NITWSTAI S.. PAC S;E1?11'fCaEe Home I Help USPS - Track & Confirm C NnIps . POSTAL SERWEs Traci & Confirm Seamh Results Label/Receipt Number: 7006 2150 0004 3047 9224 Status: Delivered Your item was delivered at 3:35 PM on March 26, 2007 in FOREST CITY, NC 28043. Page 1 of 1 Home I Hein Track & Confine Track & ?Coidirm (Enter Label/Receipt Number. ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999-2oo4 LISPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml . smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 5/18/2007 Exhibit "B" Novastar Mortgage, Inc. VS Harold E. Lytle and Robin G. Sheetz- Lytle In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-7301 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, in the following manner: The Sheriff mailed by certified mail, return receipt requested a true and correct copy of the notice to the within named defendants, to wit: Harold E. Lytle and Robin G. Sheetz- Lytle to their last known address of 865 Doggett Road, Forrest City, NC 28043. These unopened letters were returned to the Sheriffs Office on May 14, 2007 marked "Unclaimed." Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1038 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Harold E. Lytle and Robin G. Sheetz- Lytle, at 2520254 North Enola Drive, Enola, Cumberland County, Pennsylvania according to law. Soo Answers: 'Ameto R. Thomas Kline, Sheriff BY Real Estate ergeant Exhibit "C" 0 W V V 2 m 0 N b m? 0 M n F®r Z 3 xr y o Cb CA Cr ?. t N -? 0 bl c Z i (D O -D o -3 n i aY CD m ° _ Z C c- g m q ~ V * o an) = 00 a L z ? m ;o -4 -- J 3 w °g OCD 0 v m to °m W v x„A„e CD m = v C??o W c 'D"0? g c x07 m0 m c X-z N ?tD n C7C m m mcom O ODy m;o0m = p OD0 2 4 0 ? 3 H m 7 y QOC? S Fa O y o? dWG y'mv H'TV -n 03 v: g $ iv Cn? Cn ma A 00000 'c m vc? 0 iD ?? :r 'o m o co ? x y r yr a c r3 '9 o c < fl c' g m = pO m? boo Do y 3 D o m pI 3 X 00 OP o m gC)? c m, D C °S m m ? c : N m y ° g ..m 3 B N ' rc Dm e o Dy y tv pC7 a N 7 y z m tgs ?+ y o V °m ?c r") 1'-y D ' ' O 0 '' ao V 0 co o cNn? -? . N m o m n -"+ QQ m W y y ? r?? r 3 ' W d`Z CD `Y3 ycn o0 m c o Z m 8 & a? 'o ??++ rn y m a? ? ? 3 3 ? X rS G -n 'Ti ' y . CA. ?J;u m H O O m 0101' m 3. O K O 0 O m 7 y m 7 ? N 4 S ? m g ES Po'q j w m m ' lg? ' pp? mX "` "OOI PITNEY 60WE5 ` m W Ip : .. rr.Y M 02 IA $02-400 m ? fp Q m 0004370382 MAR 08 2007 a y MAILED FROM ZIP CODE 08034 e 0, = c o m ?. m T } t co M. y Cyr :: D Un 'C d ? m m R _ Q m C m N m? 3 m m? 0 3 0 X 0 N Oa ? ? TI to -n rn x I T Soo l i;o -n rj) r -4 and co g ` j( ca a c.5 9 V ? N 1? V' N G ? F I P7. ? r , 0 ?e m f t x 0 W m_ 0 m :41 P)i UPI y N 04S > CD O ? tp m N D a Zp? m N C- mm rn O d o m K O C z 3 (W a C go m C o? o, v _ n H ?0 o°_? NC =,03 =03 ?,cp?3 o,m 0 H Ar N W C m ffl C m g m w ????? m?osi mom tD m ?o?l Smvnc> m D? DNa Dya yyo. Daa?m0a Im W n BCD ion ?? n? ?? Z a 3 NO pWC pU)G pCO p?O ?C7 d 3 Ul 4U C C 7 C 7 _+ m 7 .m p wm`7 wm 2 w Z 'a?= o mn m? and w (? m ? d m 0) m x 0 N 7C ID C m a M C ?_ C n 3 . cc o v m c'o 0o a CO m 9 m o m N 8 c c V m 3 m o °° c3 om m m zRa O o m m 3 =b ?. m a' m =_ 0 ? ? m ? m m m m m m T?s P%' u. om w o ER z T a- 16.. 0 S %" X PITNEY BOWES 09 y m 2 1 C0 CL B; 02 l.A $ 01-500 ?d h;- ma 2 MAR08 20+07 ?_ _.'a Q_m m ?2 rt'WAI ZIPGODE 08+734 W ca p .?, m IC 10 Ic m 0 8m N m C 3 m c. 0 0 n y CD 0 % m {D T 1. 0 0 m W Ip n -n y m = T ?y „v T .Z1 - m 56 C CD . C-J MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE ATTORNEY I.D. NO. 46450 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NEW JERSEY 08034 (856) 429-5507 ATTORNEY FOR PLAINTIFF NOVASTAR MORTGAGE, INC. 8140 WARD PARKWAY KANSAS CITY, MO 64114 vs. PLAINTIFF HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 06-7301 CIVIL TERM CERTIFICATE OF SERVICE OF NOTICE OF SALE TO OUT-OF-STATE ADDRESS DEFENDANTS. I I, John C. Miller, III, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: 1. I am a member of the firm of Mattleman, Weinroth & Miller, attorneys for Plaintiff in the above entitled cause of action. 2. This Matter is scheduled for Sheriffs Sale on June 13, 2007. 3. The property address is 252-254 North Enola Drive, Enola, PA 17025. 4. The notice of sale has been served to the defendants, Harold E. Lytle and Robin G. Sheetz-Lytle via certified and regular mail at the following out-of-state address: Harold E. Lytle 865 Dogget Road Forest City, NC 28043 Robin G. Sheetz-Lytle 865 Dogget Road Forest City, NC 28043 5. A copy of the United States Postal Service receipt and confirmation are attached hereto as Exhibit "A" M N El OTH & MILLER DATE: May 18. 2007 /J ER, III, ESQUIRE A nev for Plaintiff -r .. ? a ?. r%- N For delivery information "A L USE C3 Postage $ D J "? • ?? l 1 M Certified Fee -r Postmark M Return Receipt Fee Z 0 E:3 (Endorsement Required) E:3 Restricted Delivery Fee O (Endorsement Required) Ln rR Total Postage & Fees $ fn``+ rl.l Sent .M 0 p• ? or PO Box tJo. ?- ... a I ---'- - --- --------------- ru ru IMMOPM Er OFFI CIAL USE C3 $ C7 Postage M Certified Fee .2 Postmark O 0 Return Receipt Fee (Endorsement Required) Here 1 0 Restrcted Delivery Fee a 3 0 (Endorsement Required) If s r..R Total Postage & Fee s , ru e !n L. e a Q ' - ` _. --°7 -- SireeG d pt C] ? or PO Box No. °-------- - --- ------ ?t t ----- . ... S R f InStMCOOr PS Form 3800, AtIgLtSt 2006 ee everse or USPS - Track & Confirm 0WMQ5W;U- POSMSERWEe Track & confirm Search Results Label/Receipt Number: 7006 2150 0004 3047 9774 Status: Delivered Your item was delivered at 3:35 PM on March 26, 2007 in FOREST CITY, NC 28043. Page 1 of 1 Home I Help ?? ..-mow Track & Confirm Track & Coles ~ Enter Label/Receipt Number. ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml. smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 5/18/2007 USPS - Track & Confirm PdLSERVKEa Track & Confirm Search Results Label/Receipt Number: 7006 2150 0004 3047 9224 Status: Delivered Your item was delivered at 3:35 PM on March 26, 2007 in FOREST CITY, NC 28043. Page 1 of 1 Home ( Help Track & Confirm (E-nt-er'Laab?el/R'eceipt Number. ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999-2004 LISPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabeUnquiry.do 5/18/2007 C) '"r? n ?,' ? ? r' i a":f ?k? w_ ? .? C? ...3 ,?, . f r' ? a -? ? r.G.. r ? T_ 1 -'P ? l /'- `N? L_? i V ±?1? ^?. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which NovaStar Mtg Inc is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 9th day of march, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 7301, at the suit of NovaStar Mtg Inc against Harold E Lytle & Robin G Sheetz-Lytle is duly recorded in Deed Book No. 281, Page 96. IN TESTIMONY WHEREOF, I have 15preunto set my hand and seal of said office this day of A.D. a Reoordw of bms, i um"nimv County, Cafte, PA My Comh Oon E*u ft Fleet Monday a,hn. 2010 Novastar Mortgage, Inc. VS Harold E. Lytle and Robin G. Sheetz- Lytle In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-7301 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, in the following manner: The Sheriff mailed by certified mail, return receipt requested a true and correct copy of the notice to the within named defendants, to wit: Harold E. Lytle and Robin G. Sheetz- Lytle to their last known address of 865 Doggett Road, Forrest City, NC 28043. These unopened letters were returned to the Sheriffs Office on May 14, 2007 marked "Unclaimed." Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1038 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Harold E. Lytle and Robin G. Sheetz- Lytle, at 2520254 North Enola Drive, Enola, Cumberland County, Pennsylvania according to law. 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 June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Robert Cusick, 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, Suite 200, Kansas City, MO 64114, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $909.00. Sheriffs Costs: Docketing $30.00 Poundage 17.83 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.36 Certified Mail 9.28 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 266.36 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 909.00 ? P ?bg ?b? W Co" ,. 1946 So Answers:, R. Thomas Kline, Sheriff By-- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7301 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NOVASTAR MORTGAGE, INC., Plaintiff (s) From HAROLD E. LYTLE AND ROBIN G. SHEETZ-LYTLE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $129,828.97 Interest FROM 2/17/07 TO 6/13/07 - $7,789.73 Atty's Comm % Atty Paid $149.20 Plaintiff Paid Date: MARCH 9, 2007 L.L. $.50 Due Prothy $1.00 Other Costs 41'a. I.C7 t- 6L?- Curt' R. Long, P o of (Seal) By: Deputy REQUESTING PARTY: Name ROBERT W. CUSICK, ESQUIRE Address: MATTLEMAN, WEINROTH & MILLER 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-429-5507 Supreme Court ID No. 80193 Real Estate Sale # 94 On March 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 252-254 North Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2007 By: C ,jlokq d Real Estate Sergeant J 46 MATTLEMAN, WEINROTH & MILLER BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY I.D. NO. 80193 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NEW JERSEY 08034 (856) 429-5507 ATTORNEY FOR PLAINTIFF NOVASTAR MORTGAGE, INC. 8140 WARD PARKWAY KANSAS CITY, MO 64114 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 06-7301 CIVIL TERM PLAINTIFF vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 AFFIDAVIT PURSUANT TO RULE 3129.1 DEFENDANTS. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Novastar Mortgage, Inc., Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 252-254 North Enola Drive, Enola, PA 17025: 1. Name and address of Owner(s) or Reputed Owner(s): Harold E. Lytle 252-254 North Enola Drive Enola, PA 17025 Robin G. Sheetz-Lytle 252-254 North Enola Drive Enold, PA 17025 Harold E. Lytle 865 Dogget Road Forest City, NC 28043 Robin G. Sheetz-Lytle 865 Dogget Road Forest City, NC 28043 2. Name and address of Defendant(s) in the Judgment: s Harold E. Lytle 252-254 North Enola Drive Enola, PA 17025 Robin G. Sheetz-Lytle 252-254 North Enola Drive Enold, PA 17025 Harold E. Lytle 865 Doggett Road Forest City, NC 28043 Robin G. Sheetz-Lytle 865 Doggett Road Forest City, NC 28043 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Novastar Mortgage, Inc. (Plaintiff herein) 8140 Ward Parkway - Suite 200 Kansas City, MO 64114 East Pennboro Township Treasurer 98 S. Enola Drive Room 101 Enola, PA 17025-2796 East Pennsboro Township Tax Collector 98 S. Enola Drive Enola, PA 17025-2796 Cumberland County Court Administrator 1 Courthouse Square - 3R Carlisle, PA 17013 Unemployment Compensation Fund 16th Floor L and I Building Harrisburg, PA 17121 Unemployment Compensation Fund Department 280946 Harrisburg, PA 17128 United States Treasury Department P.O. Box 12051 Philadelphia, PA 19105 Domestic Relations Court 13 North Hanover Road Carlisle, Pa 17013 Pennsylvania Department of Revenue Bureau of Compliance Atn: Keith Richardson 4th & Walnut Sts. Harrisburg, PA 17128 Mr. John Roller Chief Probation and Parole Officer Cumberland County Courthouse One Courthouse Square, Third Floor Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Treasurer 1 Courthouse Square Carlisle, PA 17013 Cumberland County Clerk of Courts 1 Courthouse Square - 2"d Floor Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Novastar Mortgage, Inc. (Plaintiff herein) 8140 Ward Parkway - Suite 200 Kansas City, MO 64114 5. Name and address of every other person who has any record lien on the property: None known. 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: Occupant 252-254 N. Enola Drive Enola, PA 17025 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Occupant 252-254 N. Enola Drive Enola, PA 17025 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. Robert k, ESQUIRE ATTORNEY I.D. NO.: 80193 Sworn and Subscribed to me this J Day of M G-T 0, 2007. w MATTLEMAN, WEINROTH & MILLER BY: Robert W. Cusick, Esquire Attorney I.D. No.: 80193 401 Route 70 East, Suite 100 Cherry Hill, New Jersey 08034 Telephone: (856) 429-5507 Facsimile: (856) 964-0156 Attorneys for Plaintiff NOVASTAR MORTGAGE, INC. 8140 WARD PARKWAY KANSAS CITY, MO 64114 PLAINTIFF vs. HAROLD E. LYTLE ROBIN G. SHEETZ-LYTLE 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANTS. File No.: 859.68577 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 06-7301 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: Your house (real estate) at 252-254 North Enola Drive, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on June 13, 2007 at 10:00am in Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the Court Judgment of $129,828.97 obtained by Novastar Mortgage, Inc. 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 canceled if you pay to Robert W. Cusick, Esquire, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may call Robert W. Cusick, Esquire, at (856) 429-5507. 2. You may be able to stop the Sale by filing a petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE V 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Robert W. Cusick, Esquire, at (856) 429-5507. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Robert W. Cusick, Esquire, at (856) 429-5507. 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 July 13, 2007. 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 ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ALL THAT CERTAIN PIECE, parcel or plot Ot ground with the buildings and improvements thereon erected, situated in the East rennsboro Township, County of Cumberland and Comrnonvaaith of Pennsylvania, as follows, to wit: BX0114NING at a point in the Easterly line of Altoona Avenue at the distance of seventy-nine feet and one hundzed and six one-thousandths of a foot measured Southerly along said lien of avenue foam the Southwesterly extremity of the are of curve connecting the gputherly line of Columbia Road with the Easterly line of Altoona Avenue and extending thence North seventy-nine degteas forty minutes East one hundred and fifty feet: thence South tan degrees twenty minutes East fifty feat: thence South seventy-niao dcgroea forty minutes Neat one hundred and fifty fait to the Easterly.line of Altoona Avenue aforesaid, and thence along tho Easterly lino of North ten degrees twenty minutes west fifty feet to the PLACE of SGGIgMING. I CL s? ir. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27, May 4, 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. a Marie Coyne, E or SWORN TO AND SUBSCRIBED before me this 4 -day of May, 2007 lu?j- SEAL Cr : ; jns , GL!Mbe0,,;, J Oufr :y REAL ESTATE DAIX NO. 94 Writ No. 2006-7301 Civil Novastar Mortgage, Inc. VS. Harold E. Lytle and Robin G. Sheetz-Lytle Atty.: Robert Cusik ALL THAT CERTAIN PIECE, par- cel or plot of ground with the build- ings and improvements thereon erected, situated in the East Pennsboro Township, County of Cumberland and Commonwealth of Pennsylvania, as follows, to wit: BEGINNING at a point in the Easterly line of Altoona Avenue at the distance of seventy-nine feet and one hundred and six one-thou- sandths of a foot measured South- erly along said lien of avenue from the Southwesterly extremity of the arc of curve connecting the South- erly line of Columbia Road with the Easterly line of Altoona Avenue and extending thence North seventy- nine degrees forty minutes East one hundred and fifty feet; thence South ten degrees twenty minutes East fifty feet: thence South seventy-nine degrees forty minutes West one hundred and fifty feet to the East- erly line of Altoona Avenue afore- said, and thence along the Easterly line of North ten degrees twenty minutes west fifty feet to the PLACE OF BEGINNING. 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of April and the 2nd day(s) of May 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#94 v Notariai Seel -rerry L. Russell, Notary Public City Of Harrisburg, Dauphin County MY mmissior xpires June 6, 2010 `` Mom r, Penns Ix is Association of Notaries N&ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Sworn to and subscribed be Q e.me.this._Ufl dav_.of.Ma,v.2007 A.D.