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HomeMy WebLinkAbout01-03062 ~ ,~~..-<t- I -'~'f ~" I J ., '~ - '; .' '~"';,,' . J_ -:;: FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 EMC MORTGAGE CORPORATION 6000 ATRIUM WAY, MT. LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 01 - ~()(.~ Qu~l ~~ v. CUMBERLAND COUNTY JOEL N. HOLLY TANlAM. HOLLY 504 HERMAN AVENUE, LEMOYNE, P A 17043 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCIIARGE IN BANKRuPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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. ,. 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 Complaint 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 Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 0010771731 l' 'I . "",1- . , ..' ~', ",,-' 1. Plaintiff is EMC MORTGAGE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 2. The name(s) and last known addressees) of the Defendant(s) are: JOEL N. HOLLY TANIAM.HOLLY 504 HERMAN AVENUE, LEMOYNE, P A 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 1/12/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1427, Page 63. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." .- ~ ,-. '"'-"' .j I I LI. , ~'. "--, 6. The following amounts are due on the mortgage: Principal Balance Interest 7/1/00 through 5/1/01 (per Diem $7.95) Attorney's Fees Cumulative Late Charges 1/12/98 to 5/1/01 Cost of Suit and Title Search Subtotal $46,475.61 2,424.75 800.00 132.93 550.00 $50,383.29 Escrow Credit Deficit Subtotal 0.00 773.09 $ 773.09 TOTAL $51,156.38 7. 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 9. This action does not come IUlder Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $51,156.38, together with interest from 5/1/01 at the rate of$7.95 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. .:j-~7~ Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ". J " _ "--, .~, ~-- ~ .' ". -'it ACT 91 NOTICE TARE ACTION TO SAVE YOUR HOME FROM DATE: March 27, 2001 FORECLOSURE TO: Joel N. Holly 203 Market Street New Cumberland, PA 17070 Tania M. Holly 203 Market Street New Cumberland, PA 17070 Joel N. Holly 504 Herman Avenue Lemoyne, P A 17043 Tania M. Holly 504 Herman A venue Lemoyne, P A 17043 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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 A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on vour home is in default and the lender intends to foreclosure. Soecific information about the nature of the default is orovided in the attached Dages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to helD to save vour home. This Notice exolains how the orogram works. To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when YOU meet the Counseling Agency. The name. address and ohone number of Consumer Credit Counseling Agencies serving vour Countv are listed at the end of this Notice. Ifvou have anv auestions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with imoaired 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 attomey in your area. The local har association may be able to help you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENlDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRlBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDlDA DEL DERECHO A REDIMAR SU HIPOTECA. 1>>tI8rr. 'Ae - . . I I , I .. .1. "" ,",-, ,', ""'J'" STA TEMENTS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER Corporation CURRENT LENDER/SER VICER: Cendant Mortgage Corporation Joel N. Holly and Tania M. Holly 203 Market Street, New Cumberland, PA 17070 00t077173t Cendant Mortgage Corporation, f/k/a PHH US Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPL Y WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACr). YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (0) 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 DEF AUL T" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDtT COUNSELING AGENCtES-Ifvou meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action a[ainst YOU for thirty (0) days after the date of this meetin2. The names. addresses and telephone numbers of des is mated consumer credit counselin~ a~encies for the county in which the DroDertv 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 a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you haye tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU 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 MA Y PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Ayailable 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 &XHIBrrw 1_'-;1 ,,, .-J__': if'. Finance Agency has sixty (60) days to make a decision after it ret.:~iycs your application. During that time. no foreclosure proceedings will be pursued against you if you have met lhe 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 '10TlCE: IS FOR INFOR.V1A TlO,'i PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If ou have filed bankru tc ou can still a I for Emer enc Mort a e 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: 203 Market Street, New Cumberland, PA 17070 IS SERIOUSLY IN DEFAUL T because: A. YOU HAVE NOT MADE. MC'THLY MORTGAGE PAYMENTS for the following months and the following amounts are now past duc: Start/End: 8/1/00 thru 3/1101 at $413.91 per month. Monthly Payments Plus Late Charges Accrued $3,429.44 NSF: SO.OO Inspections: SO.OO Other: S30.45 (Suspense): SO.OO Total amount to cure default $3,459.89 B. YOU HAVE FAILED TO TAKE THE. FOLLOWING ACTIONS (Do not use ifnot aoolicable): 'iliA HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DA YS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. WHICH IS S3,~59.89. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash. cashier's check. certified check or monev order made pavable and sent to: CENDANT MORTGAGE COMPANY, 6000 Atrium Way, Mount Laurel, NJ 08054, attention: Collections Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not aoolicable.) Nt A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. The 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. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS. the lender also intends to instruct its attorney to start legal action to foreclosure unoo your morte:ae:e orooertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage 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 S50.00. 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 550.00 Any attorney's fees will be added to the amount to the lender. which may also include other reasonable costs. Ifvou cure the default within the THIRTY (30) DAY period. vou will not be reouired to pav 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. vou still have the right to . EXttBf\~. j . "_~~ ' i I I ~. """",6~__, cure the default and prevent the sale at anv time UP to one hour before the Sheriffs Sale. You mav do so bv paving the total amount then past due. plus anv late or other charges then due. reasonable attomev's fees and costs connected with the foreclosure sale and am other cases connected with the Sheriffs Sale as specified in writing bv the lender and bv performing anv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mOl1gage to the same position as if:~Ll had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course. the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Cendant Mortgage Corporation 6000 Atrium Way Mount Laurel, NJ 08054 (800) 257-0460 EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale. a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or_X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt. provided that all the outstanding payments. charge and anomey's fees and cost 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 TOOBTArN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDrNG rNSTITUTION TO PA Y OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HA VE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES rN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEF AUL T rN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, CENDANT MORTGAGE CORPORATION Cc: Cendant Mortgage Corporation Ann: Collections Dept. EXHIBlTW Account No.: 00 1077173 I Mailed by 1" Class mail and by certilied Mail No: Certified Article Number 7lrOb IjS7S 12"I1j 2"130 37&'1 71.Db IIS7S :L2"111 2"J3D 3712 SENDERS RECORD Certified Article Number , SENDERS, RECORD I SENDERS RECORD 7],[]b II 575 :L2"JII 2'13D 37'lb Il I , PENNSYL VANIA HOUSING fINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) Ly,"'nming~Clinlon COW11ies Commisiotl tor COll1muni!} :\":\1011 (STl::Pl 2138 Lincoln Street P,O, Box 1328 \Villiamsport. PA 17703 (570l326-0587 FAX (570) 322-2197 CCCS of Northeastem PA 201 Basin Street Williamsport. PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Bome, P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-(Call Before Faxing) (570) 455A994 Haze1town. FAX (570) 455-5631-(Call Betbre Faxing) (570)836-4090 Tunkhannock Booker 1. Washington Center 1720 Holland Center Erie. PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20~1 Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 linglesto\oVi1 Road Harrisburg, PA 17102 (717)541-1757 Urban League of Metropolitan Harrisburg N.6lhStreet Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CLINTON COUNTY COLUMBIA COUNTY CRAWFORD COUNTY CUMBERLAND COUNTY CCC$ of Northeas(t,;rtl fA 1631 South Athertol1 St.. SUite IOU State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive Park Suite I Clarks Summit. PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9~1 Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League. Inc. 601 Indiana Avenue Farrell. PA 16121 (412)981-5310 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro. PA 17268 (717)762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 (7/7)243-3818 FAX(717)731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 -vu.-:W ~'-"-:; PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5,1999 ,"-,,, , ~, ~tild:.-.-~' ~... ~ -^ ~"- ~ w ~ ",,-: ALL THAT CERTAIN piece or parcel of land situate in the Borough of New CUmberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a pOint on the Eastern side of Market Street, a distance of twenty-five (25) feet North from the Northern side of Second Street; thence North along the said Eastern side of Market Street, a distance of twenty-five (25) feet to the diViding line between Lots NOS. 55 and 54; thence East by the said last mentioned dividing line, a distance of one hundred fifty (150) feet to the line of a public alley; thence South by the same, a distance of twenty-five (25) feet to a point; thence west and at right angles with the said alley, through the center or partition wall of a double two and one-half story frame dwelling house. a distance of one hundred fifty (150) feet to the Eastern side of Market Street. the place of BEGINNING, BEING the North@rn one-half of Lot No. 54 as marked on the General Plan of the Borough of New Cumberland. HAVING THEREON ERECTED a two and one-half story frame dwelling house and outbuildings known and numbered as 203 Market Street, New CUmberland, Pennsylvania. BEING THE SAME PREMISES whiCh Elmer J. Sleseman by his deed dated October 1, 1995 and recorded October 18, 1995 in the office of the Recorder of D@eds for Cumberland County in Deed Book 129, Page 913 granted and conveyed to Nancy H. Slaseman. THIS IS A CONVEYANCE BETWEEN MOTHER TO SON AND DAUGHTER-IN-LAW AND IS EXEMPT FROM PENNSYLVANIA REALTY TRANSFER TAX. , '. .. "' "^" .'~' I,~ VERIFICA nON MARK IDINKLE hereby states that he is V.P. ofCENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification. and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~J1rli~4 DATE: 5'-(fo- DI ~.' . biii\);H'!e~"~'I,t..iI""".#,"''''''U:1<".,i''d:aj",:,(;f!:e";rti..-M'.Ji.;;,M""Mi",;,{\",,,gj:,,<""'0," """";-"",~_,""'--";0l"~,,,,,,,-_.,.,!,;;!_;;,,~~~J!i~~~"~~!HIl!IIIiO!.!li1-.ao. AJ ~ ~ ~ tl h 0) 0 ;:::. ~ ~a;" ~ ~ I C( (). d>> c..; ~t0 ""-0 i- ~ ~~t E5'--' ~2 .L t;;L (--~ -' nur ~[ (,1b. j U ::, ,: .,J,~ _,',' ."l .-~,> '_'~""'^-~ '__. ",,- ,~ '.~, ,,'" ..~ '-<- ,. . "' , _~, _~~ (-) ': C; :1': :',_., ~..,;"' r".) ;:-:-n -,,-~ -,1-'.-,. -< ,) (J1 " 9 <-" .w..b - t j ,,,:I 11 L... " .... ....L"'",",o . SHERIFF'S RETURN - NOT FOUND *, '"" ,J .: 1 CASE NO: 2001-03062 P 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS HOLLY JOEL N 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, DEFENDANT HOLLY JOEL N but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , HOLLY JOEL N DEFENDANT HAS CLAIMED BANKRUPTCY SEE ENCLOSED COPY W/FILE NO. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 10.54 5.00 10.00 .00 43.54 '~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN OS/24/2001 Sworn and subscribed to before me this :Jo~ day of 7117 ~I A.D. g~~. Q '7'v.,ff~__ , ~ Pro h notary ,'I I' - ~ I.~..... _L OS/23/01 13:49 " . ~~" ~ ~~~, ."'uli.J.JIIiIIIaiiil" . I . ",I KEEFER WDOC '::'c.L ""I '. RH'"'AI., IcLP -> 717 240 5397 "'i_~, ,",. , -j NO.258 P002/003 . Voluntary Petition Name of Deblar liflndilJidulll, enter L,lSI. Firs!. \Iiddle): Holly, Jno' \, .\11 Other Same. uled by the Deblor in tho la" b year; IH'h:luJ( millr.t'd. m:uden. ~nd fra(je 1\;1tnc-SI $1,)>:. Ser.:., Ta;\ r D. No, (if more than one, Stale Jill 160-6:-8160 Str~et Auurc:s5 of Debtor ('No. & Street. Ciry. State &. ~lp Ca::l~;:~..~ 504 Herman ....., Lemoyne"PA 1704J Counry of R'eslde-I\ce or of the Principal Place of Bu'tn<\<: Cumberland M,il,ng Addrell of Deb!or (if difl"en! from ,tree' addre,,): Loconion o(Pril\Clpal ASSCIS of Businesli Deb(l}:' [jf ditTerenl rrorn !lUeel addrt'lII abovel: n ormatlonRogi(~d;o Name nl in,n, Debmr ISpaulellLasr. Firs!. Middle) nolly, Tania M. ,~II Other N.mel "scd by the Jam' Debtor in [he 1311 6 years !Include m~rrif\l, mllll.h:;n. ;.lnu lndt nameS!" Sac See.!T.. lD. No, (If n\are than one. .<lro all); In.~HOoz Srrw Addr... of JOIRI Deblo, ()>Ia. & Slreer. C"y. Stale & Zip Cado.l; S04 Herman 1\ ve. L.moyn.. P A 17043 COllnl')l uf Rcs:idem:l:' i,)r uf the Pnn~ipal Place of'BlJ.!tines:i: Cumberllllnd M"linll Add,." of Joint Deb.a, (if different from Ilree\ odd,e..)' \ 'cn uc (CI'l~..1c. :any JIlpJICBblt be,,) [if l.)cbror h3.S beta. doml~jled or has h3d a tC'aidencC' princlp:~l plilclJ OftUP,I:1fU, or principal t1SStlU In fbi's Oiuric[ ror i ~O Jays immediJofely prct'cdina the u~lc oi In/s periliun or lar a lonlcr pan Il(such I go din !tHm in an)! other Di~lrie(. o There 1:I:l b~nkl'\Lplcy cue cOnl::cming d.eblt:!r'~ 3ffiliJI:e. i~ne",,1 piUTnt~. Or p.llrtncl1hip pcndinllln this O\~lriCI. Tlpe or O,b,., ,Check,1I 00"" lh.[.ppl~} 2J lndj\ildu~l!)J D R3ilroll.tJ o (,)rp~lr:)I;~n 0 5rClclchro~er o P:.lrtl"lcr..h.~ 0 C,Jll\l\\uJII~ Oro;'o::r o (lIMer ,",,'llfUU or '()c-ou 1 CI, <<l.: 1:1'1.. r ~l'~,! o COMU:Tler "on'SUSIl'less 0 ausln~~.~ Cn:1(1I~r II Smllil Ousine!U iCnc=...:1.: ;.lll bo"l,.-<; lh~l.ij:~'il} r: CJ UChhH .; ~ i;ll,lil :luill\C':ii .l> .j~'l;I~I.'J ." J I L.:i i: . . (J I o ;)tbtur i~ .mJ de;,;'l.. iU Ct' .:un;ll.h::reu J imJ.11 O\l~lnt')~ wh..lC U use ~ H~ltel {Optil.'lnall Chapter Or See linn nf Bankruptcy Cod. t:nder Which Iht P,flition ill FlIfd (Check ont be.x) ~ Ch:Al\rer" 0 Ch:!pler t \ 0 Ch,lf)h:r 1 i o Chap'" 9 0 Ch,p'" Il CJ Sec. 30-1 . C'J.il:: ~n~11l11j to fMCia" pto\;'cedin, fmlla Fu ,Che..:.. on~ boxi 10" .'=l.ll Fihlq~ 171:<: .\lI;.\.:ki::J o Fill;:&. f':l:: (\) be pilla In Injlillmc0I51.,ppli.:~ble to mlJl\lILiuJI~ \)~IYI . \~:::;I J,1l:..:I\ ilnn~d lflPlll'::lfllin fur lh~ "::Outf.; ..:om;lueI'3IICl/'l. .;':"dYH\~ ) 1h,l: :1\>: JCU1\,r.~ .In;Jn!r: it) ;0;1\ l':ci .:'(~e[1lln ;n~l.lllm(:IHi '~<!ll: IOOhlbJ )ee nfiit.:'I~1 Fllfnl 'l).) Slllift>>elLliAdmini.urari"e In forma lion lEsum;ucs; only) o Deb lor eStimate, lh:u fundi wdl be .lv.lI\ablc (or distl"\\:lIlt\Un 10 unst:~\lr('J crediwn. ~ Deblor e5Iim,nt~ Ihal. after any cJ.empl-propC'rty is u:c1uded ~f\d .1dmlnlitr.uille: t.liptl1tc:S pOliu. Ihr:ra will be' no iunu.s. JVllIllablc rDr dilltnbuliofl to unucurei:J 'ftdilOrJ. t:mma~(d ;-"'umber orCrtditors l.j1 o S(l-9'ii o 10-1; Iil t::~l1mated ,o\~~ttS 'SUI.:! HO.OClllQ liIOCl.OOI ID 1SC:! !:lei \Q \ StLCOO SulOUOO 1"00 lItlO \i ,t ,qcllf' D Ii1I 0 0 G:ltl:TlJ{ciJ Deb~ l(J1Ll 1~\).OOt C SIOO.UOI ~ 'li~()O UlJ I II'> l.!l,lOQO S\O.O.OOO HOll.\lOO ~\ mill,.:!", 0 Iil 1:1 0 THIS SP,<\CE IS FOR COuRT i..'SE O~I...Y 1()O.I<N ~) ...":l ""'"' '. , " , -.: .." ." c :-? ::J .r:- N 0"\ [M ::oo_~ 1000.0...1 o o 0 .j;,,;'..""',' , i\f}ilr.,O,.~~\~. 1;;l0.'J(,0(;.001.0 Mt#.Il\lOI\ !:.i...I','.I'I ',HIN\,~,r.n :t,l)O",~I.Cl't JtOOI'l'l,:Ila" (1 ODD 11,lY'~.OCI1Q ~11...)r::'\ OO! f(:> '$O.OOO.OOll~ ""...uchan iHl mdlHYI s~c -''lIU'')l1 tlOOrn.!l.m 111.10 mlllc.:.n DO 0 D MAY 23 2001 15:~0. 7172558042 PRGE.02 ..L . . ,l!]lJLL'l ..;i. ~ii1 ~ -' '.-,c I h -""""'~ f ., .CASE NO: 2001-03062 P COMMONWEALTH OF PENNSYLVANIA \, COUNTY OF CUMBERLAND SHERIFF'S RETURN - NOT FOUND EMC MORTGAGE CORPORATION VS HOLLY JOEL N 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, DEFENDANT HOLLY TANIA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , HOLLY TANIA M DEFENDANT HAS CLAIMED BANKRUPTCY SEE ENCLOSED W/FILE NO. Sheriff's Costs: Docketing NOT FOUND RETURN Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21. 00 SO~ R. homas Kline Sheriff of Cumberland County FEDERMAN & PHELAN OS/24/2001 Sworn and subscribed to before me this tz;.- 30- day of ">>J ~J A.D. ~" ()~ A~ Pr onotary . -~ OS/23/01 13: 49 KEEFER WDOC c."E:'1 '. ;:H:"~[." !_~P , ~ ~1 ~ 2;10 bJ~ ( net ~~~ f:l~i~'U~~ :.~.","i NJme of Deblor tifmdividual. emer LaSt. Firs!. \!iddle): Holly, In.1 \, .\11 Olher \'ame~ used by the Dcblor in lh~ last b ye2r"i I H'I\,'luu.e milrr.r:~, m~jden. ana rr~de n",fl\CSI Sl,)~. Se,1.: Ta,'( I D. No. {if more than one, stale JIll 160-6~.8160 Strc~t AI.hJrC's..i or"Dcblor {No, &. Street, Ciry. St,H!l: 4( ~Ip Cad~l:"". 504 H.rm.n...., Lemayne. PA 17043 County or Res1dence or of the Pnn<,p.1 PI.c. of BUSiness: Cumb.tlond M.::lihng Address of Deb[cr (ifdiffcrenr frc'm s.rreel address); LOClltion 0 r PrincIpal Assets of Business nC'bp~r fir ditTertnl from :>.!n!u Jiddreu aoovel: n ormlltlonR~g!lr~ dill ' Voluntary Petition N,me of Join, O.b,or rSpnu>eJ(Lm. FIISl, Middle) "oily, Taola M. ,'\'ll Other NOImcs used by (he Joml Debtor in [he lasr 6 yean I !Include m:l.mfll m~luen. Jnu It:1d~ llamc:S!' Soc. ,.c.lT.. J.D. No. (,fOlore than one, store .11); 173.~6-8001 Street Address of Jo,nt Ll.blor (:-10. &; Sire... City, Sme &; Zip Coael: 504 Hermnn ,\ 'Ve. Lumoy.., PA 17043 Counry orRc~idenl.:t' uf uf Ihc Pnncipal Place ofBlJsine:ii: Cumberland Mailing AtldrcH of ]oinl Debtor (if different lTom slreelllddrcss)' ,'etlLlc (Cnedt:&ny ;lppllcsbl, OO!l[\ [!J Dtoror h:a.s bettl domiciled or has h.1d 1I tellid~ncC'. princip..al plJ.c'll' of tU2,muS, or pttncipalaslLtu ulllus: Dittric! ror i ao da~s immedi.llely precedif'l:i lhe d:ut oi 11'>,\5, ?Clitiun t\,. faf a \lmgtT 1"11" '.\\ ,"ut::h I tlO daYl tr.:H\ in any o\ht:1' O\~\riel. o There 1:1. 3 b~liltl\lplCy CUll! ~Ol\l:cmjns U.ebIClr'S ::lffiliJle, gene141 pa.rtner. or,ptrtnt:rthip pcnuiny in thi, 0\:li1"I:'. TIP< of P.b,., (Ched ail bo,,,,, th" oppl~) 21 Indl....ldu~I!)1 D R3ilroaLl CJ (.lrpur:ll.o..;n 0 5r\~"lchrMcer C PJrtncr..h.;J 0 -:,HlIllluJII> finh"!::. o lllh~r '\,'lIfurc O(Ot!)l$ iC~t!'i:k I~n.:. r~n'J o Consu~ef 'on,Busll'less 0 al.l~IIi~~..i : Chap'" II Sm.1I Bu,;.,,. ,en", all~-':"'~~':'~~',~;;:-,;~ U UChh)r .. ~ :;l\.lll :l\l)irl~;j,.t) Jl'lil~.:J.1\ J I L ,;' \. . .ul I o ;)cblur ,) JnJ ;:il:'~l~ ILl 0(' ..;un~llkr~d.l .~1I O\.l:iln~)3 ..-h..iC : LllJSC ~ H~I!l::l(O-plll.lni.lJI Chop..r 0' SeclloR of lIunkruplcy Cod. t:nder Which Ihe hlition it Filtd (Chedc on~ box) IZI Ch:ll'lrer" 0 Chaplr:r I \ 0 Ch.ll)rer 1; o Ch'p"r 9 0 Char'" i l CJ $el:. )0-1 . CJ~e :O("llt~f) to f.)reian pro':etdin~ Filina. Fu IChC\:1.: one bO~J 0" .t:ull Filtll~ Fro: \IlJ.:nd o Fll\;,g Fee lIl11e Po1ld ,f) If'l~u.llmcms \'.,ppll":Jolc to ImjlvlljUJI~ \l~IYI \~1.:.~,1 ~(!:J,';~ ~lnned If'ipll,,::ulI''in f,)( th~ ~(j\lI1'~ ..:onSluenlton .::"dYln~ ll'l.,: :11,: J~UI~,r.~ .In;Jn!r: (I) ;:'1;1\ I':: <:'(~erll iii ;n:>l.l11mcnH '~tll,~ IOOi-lbj. "jet Olfil.:l3.1 FIlml \,) } :i1l.ll1ticllli.....~min\Slrll(jve In fOrmiliDn j E:a.il"Nlll.~) Jnly ] o D:=btor esumllle' lh~l Nndi will be Olv"lt~ble rOf dislnbutiun 10 unsc~ureu .:rednon. ~ Debror ~81im,ne!illh:lI. d\erany ell.cmpi"propcrty iI txcludtd .lnd ;J,dm;1\l2tr:tti\l~ ellpe"Il~S p;id.lht"ra will b, no lunw. o1\1lul3.blc ror dinnbuti0f110 unltCuYtQ ~r(djt":Jrl. c:Sllm.1.1cd ;-"'umber ~rCredtlorS I-I' j(l~Q.'il o 16..,;0 o ~ bhmated ,~liset.! 'Sl)1~ ~";I."ClI C 'liIOO.OO1'" 1~l;':IMI I,tJ 150..000 $luO.llOO ,'OOl.lt.'ol' \l,y,qlll!' Cl G!I 0 0 G;Il:Tl3!(,U Deb", lOll:! 'B1>,OOI D 1. LOO.UOI ~ 'S~I)O!Xl1 Ii? \.H)OCO S\ClO.OOO ",on,noo tl m,ll,,)!'\ D G!I 0 0 ..t.;.;.......... ):,;-..,lil'J'I Cj nus SP'.,,-CE IS FOR. COuRT l.:SE. O:o..L. Y Lt)O.I'XI :OO..99oQ 1000-0.., ~) .~":l """ " , - 1 ", , ~ .." - .,., c ." :J r- c' N 0' W o 0 Cl j \ r! ,ICfl..~ ~\ !:. ~jQ.OC.-c.OOI.o M<ll'lIlhQ.'l 4.H\I'\,Ij,rol'l ::lIOOm-ji,\2't 1tOOm.!Ila., a 0 0 lj,CY'~LOCllC1 1.11.,)O'IOO!f(> UClOrJoO.{l.flll{1 MurvlhSiI $llJml\luVl I!C....,Il.a\ (IOOmJ,,(l/\ {ll.lO"'llh~ o 0 0 0 ,~AY 23 200: 15: 12). 7272558042 PAGE. 02 ~ , ~ ,- " ~ " - ~ ~<i"~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 EMC MORTGAGE CORPORATION 6000 ATRIUM WAY, MT. LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. Df - 36(..~ Cl(_;JY~ v. CUMBERLAND COUNTY JOEL N. HOLLY TANIA M. HOLLY 504 HERMAN AVENUE, LEMOYNE, PA 17043 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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. .. 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 Complaint 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 Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. .' We hereby certify the (.j within to be a true and correct copy of the original filed of record FEDERMAN AND PHELAN CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 0010771731 'fRUE copy FROM RE'CORD '" TMti#lbfl;twherlJof, l!-.llrl))mto silt' my .... _ _Mtot $aid COOrt <11 CMlfalG. Pi. ~~dav ot~ ~ '- . ....~....P: ,eo ..' 00 ;'b"" ~~ .'. 'noIaly ." . .,,-.,. .. , . -, .~. ,- ~ '" ."", - ~:;,: 1. Plaintiff is EMC MORTGAGE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 2. The name(s) and last !mown addressees) of the Defendant(s) are: JOEL N. ROLLY TANIA M. HOLLY 504 HERMAN AVENUE, LEMOYNE, P A 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 1/12/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1427, Page 63. PLAINTIFF is now the legal owner of the mortgage and is in the process offormalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1100 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit" A." ",I I ." '-",I," -"'^ ',,'.-",<. 'Iilciil,' 6. The following amounts are due on the mortgage: Principal Balance Interest 7/1/00 through 5/1/01 (Per Diem $7.95) Attorney's Fees Cumulative Late Charges 1/12/98 to 511101 Cost of Suit and Title Search Subtotal $46,475.61 2,424.75 800.00 132.93 550.00 $50,383.29 Escrow Credit Deficit Subtotal 0.00 773.09 $ 773.09 TOTAL $51,156.38 7. 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. g1680A03c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 9. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $51,156.38, together with interest from 511101 at the rate of $7.95 per diem to the date of Judgment, and other costs and charges collectible li.llder the mortgage and for the foreclosure and sale ofthe mortgaged property. Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff . '.' ."'~ " . J ..-~, ~,;' "-"",-, k;. , """\ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: March 27,2001 FORECLOSURE TO: Joel N. Holly 203 Market Street New Cumberland, PA 17070 Tania M. Holly 203 Market Street New Cumberland, PA 17070 Joel N. Holly 504 Herman A venue Lemoyne, P A 17043 Tania M. Holly 504 Herman Avenue Lemoyne, P A 17043 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE rNDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMA TlON OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, 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 ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY, This is an official notice that the mongage on vour home is in default and the lender intends to foreclosure, Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice exolains how the program works. To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counseljn.!2: Agencv. The name. address and Dhone number of Consumer Credit Counseling: A2encies serving: vour Counr" are listed at the end of this Notice. {fyou haye any Questions. you may call the Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with imoaired hearing can call (717) 780-1869), This Notice contains imponant 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 frud a lawyer. LA NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AfECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENlDO DE ESTA NOTlFICACION OBTENGA UNA TRADUCCION INMEDrTAMENTE LLAMANDO ESTA AGENCIA (PENNSYL VANIA HOUSrNG FINANCE AGENCY) SrN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDlDA DEL DERECHO A REDlMAR SU HlPOTECA. exHlBlT .N " , ~' ";;'l-._I. '". L -". ".' ST..\.TDIDITS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOA:--i ACCT. NO, ORIGINAL LENDER: Corporation CURRENT LENDERlSER VlCER: Cendant Mortgage Corporation Joel N. Holly and Tania M. Holly 203 Market Street, New Cumberland, PA 17070 0010771731 Cendant Mortgage Corporation, f/k/a PHH US Vlortgage 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 PA YMENTS IF YOU COMPL Y WITH THE PROVISIONS OF THE HOMEOW:--iER'S EMERGENCY ^,IORTGAGE ASSISTANCE ACT OF 1983 (THE "'ACT"), YOU ~tA Y BE ELIGIBLE FOR EMERGENCY ~IORTGAGE ASSISTANCE. . IF YOUR DEFAUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOLR ~IORTGAGE PA YMENTS. AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS, IF YOL DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-Ifvou meet with one of the consumer credl! counseling agencies listed at the end of this notice the lender may NOT take action against YOU for thirty (30) davs after the date of this meeting. The names. addresses and teleohone numbers of designated consumer credit counseling agencies for the countY in which the orooertv 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. APPLlCATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your defaulc) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the d;signared consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTL Y. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MA Y PROCEED AGAINST YOUR HOME IMMEDIATEL Y 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 hy the Act. The Pennsylvania Housing EXHIBIT W "",,"'.' ~ " ~ ~, L L 'p" " ' ~"'~ " ~",'- ~>.. ..~\ Finance Agency has sixty (60) day's to make a decision after it ret:~I'vcS your applicJtion. Durin\! [hat [ime. no foreclosure proceedings will be pursued against you if you ha,e met the time requirements s;t forth above, You will be notitied directly by the Pennsylvania Housing Finance Agency of its decision on vour application, ,- - . NOTE: IF,YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITIO,'! IN BANKRUPTCY, THE FOLLOWING PART OF THIS '<OTlCE IS FOR I'IFOR'vI.HIO'< PURPOSE ONL Y AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If vou have filed bankru tcv ou can still a Iv for Emer encv Mort aoe 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: 203 Market Street. New Cumberland, PA 17070 IS SERIOUSL Y IN DEFAULT because: A. YOU HA VE NOT MADE M' '- fHL Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 8/1/00 thru 3/1/01 at 5413.91 per month. Monthly Payments Plus Late Charges Accrued 53.429.44 N~ W,OO Inspections: 50,00 Other: 530.45 (Suspense): 50,00 Total amount to cure default 53,459.89 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot applicable I: N:A 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 S3,~59.89. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURlNG THE THIRTY (30) DAY PERlOD. Pavments must be made either bv cash, cashier's check. certified check or monev order made pavable and sent to: CENDANT MORTGAGE COMPANY, 6000 Atrium Way, Mpunt Laurel, NJ 08054, attention: Collections Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use ifnot applicable.) N/A, IF YOU DO NOT CURE THE DEFAUL T-Ifyou 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 mortga~e debt. The 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 attorney to start legal action to foreclosure UDOO your mort!Zae:e prooertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pa; off the mortgage debt. If the lender refers your case to its attorneys. but you cure the delinquenc; 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 550.00. However, if legal proceedings are started against you. you will have to pay all reasonable attorney's fees actually incurred by the lender even ifthev exceed 550,00, Any attorney's fees will be added to the amount to the lender. which may also include other reasonabl~ costs. Ifvou cure the default within the THIRTY (30) DAY period. vou will not be required to Dav 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. vou still have the right to , EXHJSI1"':~ . , j ~, o:.l...l.l' '" .1 0< ,<<,- liti. cure the default and orevent the sale at anv time uo to one hour before the Sheriff's Sale. You mav do so bv oavine: the total amount then oast due. olus anv late or other charges then due. reasonable 3ttome".5 tees and costs conn~c[~d \vith th~ foreclosure sale and an.... other costs ..:unnected with the Sheriffs Sale as specified in writing bv the lender and bv oerforming any other requirements under the mortQ:3Q:e, Curing your default i,n the manner set forth in this notice \vill reSWre your murtgage to the same position JS if.: ~L1 had ne\er ddaulted. EARLIEST POSSIBLE SHERIFF'S SALE DA TE,lt is estimated that the earliest date that such a Shellffs Sale ofche mortgage property could be held would be approximatel~ SIX (6) MONTHS ITom the dale of this Notice. A notice of the actual date of the Sheriff's Sale will be sent 10 vou before the sale, Of course. the 3lTIOunt needed to cure the default will increase the longer you v,,'air. y~u may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONT ACT THE LENDER: Cendant Mortgage Corporation 6000 Atrium Way Mount Laurel, NJ 0805~ (800) 257.0~60 EFFECT OF SHERlFF'S SALE. You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE.You may or_X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt. provided that all the outstanding payments. charge and attorney's fees and cost are paid prior to or Jt the sale and that the other requirements of the mortgage are satistied, YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF 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 DEF AUL THAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDICiG OR ANY OTHER LAWSUIT INSTITUTED UNDER THE V10RTGAGE DOCUMENTS . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LA W, CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, CENDANT MORTGAGE CORPORATION Cc: Cendant Mortgage Corporation Attn: Collections Depe. EXHlBiTW Account No, 001077173 [ Mailed by I" Class mail and by certified Mail No: Certified Article Number 7106 4575 1294 2930 3789 7:LDb 4575 :L2'\II 2"130 3772 SENDERS RECORD Certified Article Number 7:LOb 4575 1294 2930 3796 SENDERS [RECORD SENDERS RECORD -.,' L' " " " -'j" PEN:>iSYL VANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) LY":\)llling.Clinlt1n (\ll1l1l1.:S Ctlmmisioll lor CUmI11UllIl: ..\..:11\111 \STEP) 2138 Lincoln Str~et P,Q. 80.\ 1328 \Villiamspon. P A I Ti03 (SiOl326-0587 F...\.X (SID) 322.2197 CLINTON COUNTY CCCS of :\orthe:l.Stt.;rn P..-\ ]631 South Atherton St., Sune 1l)(J State College. PA 16801 18(4) 2)8,)668 FAX 18(4) 118-Jbb9 cces ot'Northeastem P...\. 201 Basin Street Williamsport. PA ] 7703 (570) 32)-6627 FAX (5701 ll),662b COLDIBIA COn<TV 3 [ \V. Market Street POB 1127 Wilkes-BatTe. PA 18702 (570) 821 .0837 or 1'300) 922.9537 FAX (SiD) 821.[785 1400 Abington Exe\;utive Park Suite 1 Clarks Summit. PA 18411 (570) 5tP-91 bJ or (SOD) 922.953"7 FAX l570J 587-91 34-9135 Commission on Economics Opportunity of luzeme County 16J ...\.mber Lane Wilkes-Barre. PA J8702 (5701 S26-05\ 0 or 1 8001 822-0)59 FAX (570) 829-1665-{CaI1Betbre Faxing) (570) 455-4994 Haze1to\\n FAX (570) 455-563l-(Call Betbre Faxing) (570) 836-4090 Tunkhannock CRAWFORD COUNTY Booker T. Washington Center t 720 Holland Center Ene. P A j 6503 (814)45),5744 FAX(S\4)5749 Greater Erie Community Action Committee 18 West 9u, Street Erie, PA 16501 (814)459-4581 FAX 1814H56.0\61 John F. Kenn~dv Center. Inc. 2021 East :Wu, Street Ene, PA 165\0 (S14) 898-0400 FAX (814) 898-\24) Shenango Valley Urban League. Inc. bOllndiana Avenue Farr~ll. PA 16121 (4\2)98\-5310 CU:\lBERLAND COUNTY CCCS of Western PennsYlvania. Inc. 2000 Linglestown Road Harrisburg, PA 17102 (7\7) 541,\1;7 Financial Counseling Services of Franklin 31 West 3'd Street Waynesboro, PAl 7268 (7\7)762-32S5 Urban League of Metropolitan Harrisburg N. 6Ul Street Harrisburg, PA litOI (717) 2)4-5925 FAX (7\7) 234,9459 YWC A of Carlisle 301 "G" Street Carlisle, PA 17013 (717) 24)-)8\S FAX (717) 73 \,9589 Community Action Comm of the Capital Region \514 Derry Street Harrisburg. PAl 7104 (717) 232,9757 FAX (7\7) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)3)4-\5\8 FAX334-S116 sOElf. PE:'<NSYLVAN1A BULLETIN, VOL. 29, NO. 23, JUNE 5,1999 a '. l~' . ='0' ". ", ~ '~, ALL THAT CE~TAIN piece or parcel at land situate in the Borough ot New Cumberland, Cumberland County, ~ennsylvania, more particularly bounded and described as follows, to wit, BEGINNING at a paint on the Eastern side of Market Street, a distance of twenty-five (25) feet North from the Northern side of Second Street; thence North along the said Eastern side of Market Street, a distance of twenty-five (25) feet to the dividing line between Lots Nos. 55 and 54; thence East by the said last mentioned dividing line, a distance of one hundred fifty (150) feet to the line of a public alley; thence South by the same, a distance of twenty-five (25) feet to a point; thence west and at right angles with the said alley, through the center or partition wall Of a double two and one-half story frame dwelling house. a distance of one hundred fifty (150) feet to the Eastern side of Market Street, the place of BEGINNING. BEING the Northern one-half of Lot No, 54 as marked all the General ~lan of the Borou9h of New Cumberland. HAVING THE~EON ERECTED a two and one-half story frame dwelling house and outbuildings known and numbered as 203 Market Street, New Cumberland, Pennsylvania. BEING THE SAME PREMISES whiCh Elmer J. Slaseman by his deed dated October 1 1995 and recorded October 18, 1995 in the Office of the Recorder ~f Deeds for Cumberland County in Deed Book 129, Page 913 granted and conveyed to Nancy H. Slaseman. THIS IS A CONVEYANCE BETWEEN MOTHER TO SON AND DAUGHTER-IN-LAW AND IS EXEMPT FROM PENNSYLVANIA REALTY TRANSFER T~~. .~ ~, ~"'. , ",I " . ,,,,...~'.;; , -,- ~. , t'iii" VERlFlCA TION MARK illINKLE hereby states that he is V.P. ofCENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this maner. that he is authorized [Q take this Verification. and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, infonnation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~lI.J!/ DATE: 5'-lfo- DI rn ~) ~, ~,YJ\ ~ w ~ ~ ~ ,;"... .'. ., ~"' " ',", ".".,.~,~.. '4"" OFFICe OF Ct:,![', Mnr 21 """h'., SII[!lIF'F , t.;~; C OU~TY ! f 20 Nr Co:,; , ii, j" P':'" " L I'~ j', ':~, ";" L V'l-..U /;\ ",~ "~:""., -'~";;,- ']J:,="""o"--' ,,;,;, ""~'X" 1~"~:fjj'->-"iiln'r"\;:irir:"{j lI',-""~ ''':'' :rJJlIilili\~tff1rnfl1)" '-";"1"'" ~'~"':' 'j;;,~ f~ ""1 'i' tJ ~~llI:~,~,"""",~~",~lMl!!Il'Jl~I1!Ql1.~~~~;!}"~~!1l~~1l<<il~jf,i~rf"'W~'tP)""W']"f'";',!',"" "";:'';.('0,;;""";,,oo*w%'1!~',~.~'i"w'''''f'Pll'~I,1'!;~IJ!llI!\l~~w~f''Jlli , . f" . ..-!-' '.. I , .',J. ,;;c'..'.' ~,~], " " .' ~"~'"''lij' . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 EMC MORTGAGE CORPORATION 6000 ATRIUM WAY, MT. LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. Of- .30("~ CLo;CT~ CUMBERLAND COUNTY v. JOEL N. HOLLY TANIA M. HOLLY 504 HERMAN AVENUE, LEMOYNE, PA 17043 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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. ,. 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 Complaint 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 Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I We hereby certify the ': within to be a true Bnd correct copy of the original filed of record FEDERMAN AND PHELAN CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 0010771731 TRUE COPY FROM RECORD '" Tllltimony whereof. I here unto set my hanlt .. tM _ of said Court at Carlisle. Pa. ,---T_d'=d~~~~G' J~ '1I "-I " '",: -I ,,'. '<"1 , I. Plaintiff is EMC MORTGAGE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 2. The name(s) and last !mown addressees) of the Defendant(s) are: JOEL N. HOLLY TANIA M, HOLLY 504 HERMAN A VENUE, LEMOYNE, P A 17043 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 1/12/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1427, Page 63. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because montWy payments of principal and interest upon said mortgage due 8/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." "'.~'~ 1 1 ',1 ", , . J ""'J:t .~ ~ , '"' ;i; 6. The following amounts are due on the mortgage: Principal Balance Interest 7/1/00 through 5/1/01 (Per Diem $7.95) Attorney's Fees Cumulative Late Charges 1112/98 to 5/1/01 Cost of Suit and Title Search Subtotal $46,475.61 2,424,75 800.00 132.93 550.00 $50,383.29 Escrow Credit Deficit Subtotal 0.00 773.09 $ 773.09 TOTAL $51,156.38 7. 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. gl680A03c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 9. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $51,156.38, together with interest from 5/1/01 at the rate of$7.95 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ",1 I"". '.'; 1 " ,~ ',. "" ~. ~,; ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: March 27, 2001 FORECLOSURE TO: Joel N. Holly Z03 'VIarket Street New Cumberland, PA 17070 Tania 'VI. Holly Z03 'VIarket Street New Cumberland, PA 17070 Joel N. Holly 504 Herman Avenue Lemoyne, P A 17043 Tania M. Holly 504 Herman Avenue Lemoyne, P A 17043 THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU fN AN A TTEMPT TO COLLECT THE rNDEBTEDNESS REFERRED TO HEREfN AND ANY INFORMATiON OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY. THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on vour home is in default and the lender intends to foreclosure, Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPl mav be able to helD to save vour home, This Notice eXDlains how the DrOgram works. To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTiCE, Take this Notice with vou when vou meet the Counseline. A~encv. The name, address and ohone number of Consumer Credit Counselimr Agencies serving your Count....- are listed at the end of this Notice. Ifvou have anv Questions. vou mav call the Pennsvlvania Housing Finance Agencv toll fTee 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 NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENlDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO ESTA AGENCIA (PENNSYL VANIA HOUSrNG FINANCE AGENCY) SrN CARGOS AL NUMERO MENCIONADO ARRlBA. PUEDES SER ELEGfBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMA DO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDlDA DEL DERECHO A REDIMAR SU HIPOTECA. exHIBIT -N ~ f". '''''.'1', .', ", ~"'. -, "'ftl' 0' ""'.; , SHTE:'oIE:'oITS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOACi ACCT, NO.: ORIGINAL LENDER: Corporation CURRENT LENDERlSER VICER: Cendant Mortgage Corporation Joel N. Holly and Tania M, Holly 203 Market Street, New Cumberland, PA 17070 0010771731 Cendant Mortgage Corporation, f/k/a PHH L'S Mortgage 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 PA YMENTS IF YOU COMPL Y WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY ~IORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"J. YOL' MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. . IF YOU HA VE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR y10R TG,-'.GE PA YYiENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING fiNANCE AGENCY, TEMPORARY STAY OF FORECLOSURE-Under the Act. you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU 00 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 DEF AUL T" EXPLAINS HOW TO BRlNG YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSEliNG AGENCIES-Ifvou meet With one a(the consumer credit counseling agencies listed at the end of this notice the lender mav NOT take action against vou for thirtv 130) davs after the date of this meeting. The names, addresses and teleehone numbers of designated consumer credit counseling agencies for the countv in which the emeertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specitic information about the nature of your defaul!.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies haye applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-A yailahle funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylyania Housing EXHIBR'W '....~,.' ,"J . " " ',I -~" ""~,l .--.' -." , ~~ . Fin~nc~ Agency has sixty (60) days CO make a decision after it r~L'.:i\..:s your applicilrion. During that tlme. no foreclosure proceedings will be pursued against you if you ha\e met the time requirements set tarth above. You wlil be notified directly by the Pennsylvania Housing Finance Agency of Its decision on vour application. . NOTE: IFYOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITlO'l ['I BANKRUPTCY, THE FOLLOW[NG PART OF THIS \iOTlCE IS FOR INFOR."IATIO\i PURPOSE ONL Y AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (Ifvou have tiled bankru tcv ou can still a Iv for Emercren~v Mort acre Assistance.) HOW TO CURE YOUR MORTGAGE DEI' AUL T (Brino it UD to date), NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 203 Market Street, New Cumberland, PA 17070 [S SERIOUSL Y IN DEFAL'L T because: A. YOU HA VE NOT MADE M( ',rHL Y MORTGAGE PA YMENTS for the followin" months and the fOllowing amounts are now past QUe: Start/End: 8/1100 thru 3/1101 at $413.91 per month." Monthly Payments Plus Late Charges Accrued S3 .429.44 NSF: SO.OO Inspections: SO,OO Other: S30.45 (Suspense): SO,OO Total amount to cure default $3,459.89 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot aDDlicablel: N,A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,459.89, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURlNG THE THIRTY (30) DAY PERlOD. Pavments must be made either bv cash, cashier's check. certified Check or monev order made Davable and sent to: CENDANT MORTGAGE COMPANY, 6000 Atrium Way, Mount Laurel, NJ 08054, attention: Collections Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this lener. (Do not use ifnot aDDlicable.) NIA. IF YOU DO NOT CURE THE DEFAUL T-Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice. the lender intends to exercise its riohts to accelerate the mortoage debt. The 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 anorney to start legal action to foreclosure ilDO" your mort!!a!!e orooertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pa\ off the mortgage debt. If the lender refers your case to its anorneys. but you cure the delinquency before the lender begins legal proceedings against you. you will still be required to pay the reasonable anorney's fees that were actually incurred, up to 550.00. However. if legal proceedings are started against you. you will have to pay all reasonable anorney's fees actually incurred bv the lender even if they exceed S5000 Anv anorney's fees will be added to the amount to the lender, which may also include other reasonable co;ts. If vou cure the default within the THIRTY (30) DAY oeriod. vou will not be required to Dav 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. R.lGHT 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. vou still have the right to , EXHIBR"'~ .J a. 1 ;. ~', '; ,;,1 L. _, '."'''"='::",: cure rhe default and oreyent rhe sale ar any rime uo to one hour before rhe Sheriffs Sale. You may do so by oaving the total amount rhen casr due. clus anv late or orher charges then due, reasonable attorne\', fees and costs connected \vith the foreclosure sale and In'v other costs ..:utlnected with the Sheriffs Sale JS soecified in writine: bv the lender and bv oerforming any other requirements under the mortgae.e. Curing your default in the manner set forth in this notice \vill restore your mortgage to the same position JS If\~ll hJd ne\er defaulred, ' EARLIEST POSSIBLE SHERIFF'S SALE DA TE-Ir is esrimared rhat rhe earliesr dare rhar such a Sheriffs Sale of the mortgage property could be held would be approximatel} SIX (6) MONTHS from the date of this Norice, A norice of the actual date of the Sheriffs Sale will be sent to you betore the sale. Of course, the amount needed to cure the default will increase the longer vou \vait. You may find out at anv time exactly whar rhe required payment or acrion will be bv con~acting rhe lender.' , , ,- HOW TO CONT ACT THE LENDER: Cendant Mortgage Corporation 6000 Atrium Way Mount Laurel, NJ 08054 (800) 257-0460 EFFECT OF SHERlFF'S SALE-You should realize rhar a Sheriffs Sale will end your ownership ofrhe mortgaged property and your right to occupy it. If you continue to liye in rhe property after the Sheriffs Sale, a lawsuir ro remoye you and your furnishings and orher belongings could be srarted by rhe lender ar any time. ASSUMPTION OF MORTGAGE-You may or_X_may nor (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt. provided that all the outstanding paymenrs, charge and attorney's fees and cosr are paid prior to or or the sale and that the orher requirements of the mortgage are satistied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF 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 ACTfNG 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 NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUIT INSTITUTED UNDER THE ,\10RTGAGE DOCUMENTS . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LA W. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, CENDANT MORTGAGE CORPORATION Cc: Cendant Mortgage Corporation Attn: Collections Dept. EXHlBlT ''Yt. Account No, 00 10771731 Mailed by \" Class mail and by certified Mail No: Certified Article Number 7lOb 4575 1294 2930 3789 71llb 4575 12'l'1 2930 3772 SENDERS RECORD Certified Article Number I SENDERS ,RECORD SENDERS RECORD 71llb 4575 1294 2930 3796 ,', I J " ~ '~ ,,' ~~~ ~ ' " PEN;\ISYL VANIA HOUSING FINANCE AGENCY HOMEOWNER'S E:\-IERGENCY ASSISTANCE PROGRA,\I CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycnming.Clil1ttln lL1Ul1tics Cnmmision lor Cummulltt) ,--\o.:tlUI1 \:::)'1 l::Pl 2138 Lincoln Street P,O. Box lJ~8 \Vill1amsport. PA 17703 (570l 3~6.0.587 F.-\X (570) 12~.2197 CCCS of :-';urtheast<.:111 P.-\ 1631 South .--\th<.:nol1 St., Slllt~ IOU State College, PAl 680 I (814) 238"::'668 FAX (81-l.) 238~3669 cees or Northeastem PA 201 BaSin Street Williamsport, PA \7703 (570) 323.6627 FAX (570l 323.6626 COLl:\IBIA COt:NTV 31 W. Market Street POB 1127 Wilkes.BulTe. PA 18702 (570l 821.0837 or (300l 922.9537 FAX (570) 821.1785 1400 .-\.bingmn Exe.:utive Park Suite I Clarks Summir. PA 1841\ (570) 58"7.9163 or '3(0) 022.95r FAX (570/58i.913.P)135 Commission on Economics Opportunity of Luzeme County 163 .-\mber Lane \Vilkes-BalTe. P A 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829~1665-tCall Before Faxing) (570) 455-4994 HazeltO\..n FAX (570) -l.55-5631-(Cal1 Before Faxing) (570) 836-4090 Tunkhannock CRAWFORD COUNTY Booker T. Washington Center 1720 Holland Center Ene, PA 16503 (814) 453,5744 FAX (814) 5749 Greater Erie Community Action Committ~e [8 West 9Ut Street Erie. PA 10501 (814) 459-4581 FAX (814) 456,0161 John F. Kennedv C<:nter. Inc. 2021 East 10111 Street Ene, PA 105\0 (814) 898-0400 FAX (814) 898-1243 Shenango Va.lIey Urban League. Inc. 601 Indiana Avenue FalTell. PA 16121 (412)981-5310 ClI\lBERLAND COUNTY Financial Counseling St:rvices of Franklin 31 West J'd Srreet Waynesboro. P A 17268 (717) 762,3285 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717)54),)757 Urban League of Metropolitan Harrisburg N. 6~1 Street HalTisburg, PA 17101 (717) "4.5925 FAX (717) 234-9459 YWCA of Carlisle 301 "G" Street Carlisle. PA 170lJ (717) 24).)818 FAX (717)731.9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg. PAl 71 04 (7171 232,9757 FAX (717) 234.2227 Adams County HOU51l1g Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 FAX 334.8326 -.luc<<.W ~'.'._.J PE~NSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5,1999 "'" ~ ,j . '-'~'-' : - -I J'.....'..( ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, ~ennsylvania, more particularly bounded and described as follows, to wit, BEGINNING at a point on the Eastern side of Mar]~et Stre@t, a distance of twenty-five (25) feet North from the Northern side of Second Street; thence North along the said Eastern side of Market Street, a distance of twenty-five (25) feet to the dividing line between Lots Nos. 55 and 54: thence East by the said last mentioned dividing line, a distance of one hundred fifty (150) feet to the line of a public alley; ellence South by the same, a distance of twenty-five (25) feet to a point; thence west and at right angles with the said alley, through the center or partition wall of a double two and one-half story frame dwelling house. a distance of one hundred fifty 1150) feet to the Eastern side of Market Street, the place of BEGINNING. BEING the NortheJ;'n one-half of Lot No, 54 as marked on the General ~lan of the BOJ;'ough of New Cumberland. HAVING THEREON ERECTED a two and one-half story frame dwelling house and outbuildings known and numbered as 203 Market Sereet, New CUmberland, Pennsylvania. BEING THE SAME PREMISES which Elmer J. Slaseman by his deed dated October 1 1995 and recorded October 18, 1995 in the office of the Recorder ~f Deeds for Cumberland County in Deed Book 129, Page 913 granted and conveyed to Nancy H, Slaseman. THIS IS A CONVEYANCE BETWEEN MOTHER TO SON AND DAUGHTER-IN-LAW AND IS EXEMPT FROM PENNSYLVANJ.l< REALTY TRANSFER TJl.x. .~ ." ,,' -',,'---'-'---- ;Ri VERlFICA nON MARK illINKLE hereby states that he is V.P. ofCENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized [Q take this Verification. and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Jttl/J1 DATE: ~-(c::'-DI " ~ ~, ~ f:jfl> ~. ~ @G ,~'. (2) ~ , ~~,'~ M"'_ "=~",<"",~~,,,_ '0=", ,...' ,/.,' OFr.Wf np i ,1 ~ ... CIJHE,-;".\I,'}: "iJEIlIFF I ,! '<!; COUNTY Hnr 21 1/20 ,if.! .nl ,'!i! ,U .,0' "I," P ';: ",'-1,,: r' . ['-;' I" ", j " , , ,) ;' i j I 5~, ,;\ J 1 ) ~ 1 J-1t'l i/q ",." .' '\C' '" . ," "., '~<"fr It' ~'~'E'''''{,,"' '-y'".."",.,.-iItYt I'If'~~tiiit~r]T rT?t'r~--;~"~:" rli~j't'wr. df)\ >~ _1Uel!_ ~,_~._,""_""""~__,"" _~....,~. , ", .;!l\l,t~~~l!",f<tw:'~;:'~'''''!W'':':I'''J;P1"!'l;,';+'<r!5V~'''o:-. ""''':Y,*':1~'''''",l!!'B<f,'H''(F",,~1~f,;"''~"i>,~I.:i"!:';'''r;':;;;'''1''I'i'f:.~~~1~ ,,"cl'>"-- ~ --"''''-'>~il' i,_ I~ ,I ,J 1,1. ~ ." ,'::,,_,_ "'"~_ ,J. lt~;;" c FEJj)ERMAN AND PHELAN, LLP By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff EMC MORTGAGE CORPORATION Plaintiff Court of Common Pleas CUMBERLAND County No. Ol-3062-CIVIL TERM Vs. JOEL N. HOLLY TANIA M. HOLLY Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT. WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, upon payment of your costs only. A Chapter 7 bankruptcy was filed on MAY 11, 2001, which invalidated the complaint. ;fJA' j, I '1 ~{J()l . Date /2/1LJV1 Au V2Ui1/l/h(~ Frank Federman Attorney for Plaintiff ~~~ii1l:~!li!I~ti'~iliill,tiOi;;<!\;;j",w"u~!"'{l!~.1'~~~?!&f~J;,~,c";";-",!"",,,;,h,!t;:>,'d~hl,.W~,;jiil<i_ei~ii1r~~ISIIlII!. ,;",' - " ~ ',L 'illlilU\~~~< ~ <",t",,~, ,j,.""JJIUJ ~Jrl ,~ ~ ~ I,,",,",,k ,'~', ,<~.<' ''''''_"'',"~_''' Y-"""~"r. .....=. __rd",'>' ,~'''' ,"- '^ , -~'"""'''''r"~''''.~'''-''''''''' ' () 0 0 C -n s:: 0 -om C? -n (!1TY! '-\ " 'i"-;-;; ZT N .,i'n ZC -:;0 (.1>.2' !"0 .,.._~ 1. .:.(L_ ;;~C) (;2C -u ..,' "T\ ,- --n ~o ~..JJ>.- ~~~ 5>?: r- I::::: z. -:::> """ ::0 ~ (J"\ -< " .. " .