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Home My WebLink About01-06072 n FEDERMAN AND PHELAN, LLP By: F~FEDE~,ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 EMC MORTGAGE CORPORATION 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TX 75038 ATTORNEY FOR PLAINTIFF COURT OF. COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO.Ol- ,",07.;1.. C?t.u~l~~ CUMBERLAND COUNTY v. JOEL N. HOLLY TANIA M. HOLLY 504 HE~ AVENUE LEMOYNE, P A 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0010771731 ---f'_'~ " " ~ ,. ,., . "i!F"l')!;~,,*_::J.~ . _, ~', , IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WJlLL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. . .,--..-",J , rl , f):'~'~ n., 1. Plaintiff is EMC MORTGAGE CORPORATION 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TX 75038 2. The name(s) and last known address(es) of the Defendant(s) are: JOEL N. HOLLY TANIAM. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 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, N.A. 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." '-'-;r'-'~!i'1>lm,J . "', . " r " , ~_. - ~~""'_ _~.n_' 'd~ ,<" , 6. The following amounts are due on the mortgage: Principal Balance Interest 7/1/00 through 10/1/0 I (Per Diem $7.95) Attorney's Fees Cumulative Late Charges 1/12/98 to 10/1/01 Cost of Suit and Title Search Subtotal $46,475.61 3,641.10 800.00 177.24 550.00 $51,643.95 Escrow Credit Deficit Subtotal TOTAL 0.00 1.982.46 $1.982.46 $53,626.41 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 Sheriff's 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 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 $53,626.41, together with interest from 10/1/01 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~fJ~ Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff "1''''~_"~ '-,,,, r' - ~.,..", :y ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: March 27, 2001 FORECLOSURE TO: .Joel "I. 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, PA 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 INDEBTEDNESS REFERRED TO HEREIN ,-\ND ANY INFOR"IA TlON OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF YOU HA VE PREVIOliSL Y RECEiVED A DISCHARGE iN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEME:-<T OF A LiE1\ AGAINST PROPERTY, This is an official notice that the mortgage on vour home is in default and the lender intends to foreclosure Specific infonnation 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 explains how the program works. To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELi:-<G AGENCY WITHIN 30 DAYS OF THE DATE OF THIS ,",OTICE, Take this Notice with vou when \ou meet the Counselin2 A':!enc\. The name. address and ohone number of Consumer Credit Couns~line: Ae:encies servine: \lour Count\ are listed at the end of this Notice, If yOU have anv questions, you mav 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 infonnation, If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. Y Oll 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, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE EST A NOTlFlCACION OBTENGA UNA TRADUCClON INMEDlTAMENTE LLAMANDO ESTA AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA LN PRESTAMO POR EL PROGRAMA LLAMADO "'HOMEO\VNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. EXHIBIT ''A'' .1'", ,,>_~ I ""no ,'- "",. _, _ .. , I' """'-' ,- ~-";:; '1 STA TDIE"TS OF pOLIn HO\IEOW~ER'S NAMEIS) PROPERTY ADDRESS LO,",:-- ACCT, :--0.. ORIGINAL LE:--DER, Corporation CURRENT LENDERiSERVICER: Cendant Mortgage Corporation Joel N, Holly and Tania M, Holly 203 \Iarket Street, New Cumberland, PA !'7070 0010:71731 Cendant Mortgage Corporation, f/kla PHH US Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPL Y WITH THE PROYISIO!\S OF THE HOMEOWNER'S EMERGENCY :VIORTGAGE ASSISTANCE ACT OF 1983 ITHE ""ACrt YOU MAY BE ELIGIBLF. 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 PA Y YOUR MORTGAGE 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 atthe end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL r EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-Ifvou meet wnh one of the consumer credit counseling agencies listed at the end of this notice the lender mav NOT take action against vou for thim 1301 davs after the date of this meeting. The names. addresses and telechone numbers of designated consumer credit counseling agencies for the county in which the Dropertv 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. APPLICA T10N FOR MORTGAGE ASSIST ANCE- Your mortgage is in a default for the reasons set forch later in this Notice (see following pages for specific information about the nature of your default.) If )OU ha;e tried and are unable to resolve this problem with the lender, you have the right to apply for [tnancial 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 \\-ithin thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOl 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-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established oy the Act. The Pennsylvania Housing -EXHIBIT 'ltA'^ )". Fin.1JKc .-\gcnc: h<ls ::ji\t: (60) da>s [0 make a decision clftcr it [.Cl~l\cS )our applicJtioll. DUring thclll1ll1C, no toreclosure proceedings \\ill be pursued against you if yOU ha\e met the time requirements set forth J20\;;, You \\ill be notitied Jirectl> b) the Pennsyl\ania Housing Finance Agency of its decision on )our J.pplicJtion. \OTE: IF YOI.' ARE CLRRDITL Y PROTECTED BY THE FILING OF A PETlTlO\ 1\ BANKRLPTCY. THE FOLLOWI\G P-\,RT OF THIS \OTlCE IS FOR I\FOR,\!.-\' TlO\ PLRPOSE ONL Y AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergencv Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE OEFAUL T (Brin2 it up to date), '1A TURE OF THE OEF AUL T-The MORTGAGE debt held by the above lender on your property located at: 203 Market Street. New Cumberland, PA 17070 IS SERIOUSL Y IN OEF AUL T because' A, YOU HAVE 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 3/1101 at $413.91 per month. Monthly Payments Plus Late Charges Accrued $3.429.44 NSF: $0.00 Inspections: $0,00 Other: $30.45 (Suspense): $0,00 Total amount to cure default 53,459.89 B. YOU HA VE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot applicable I: NA HOW TO CURE THE OEFAUL T-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 53,~59.89. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: 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 ifnot applicable,) No'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 ri2hts to accelerate the mort2age 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. [ffull 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 UDon your mort!lalle 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 attomey's rees that were actually incurred. up to S50.00, However. if legal proceedings are started against you, you \\ ill haye to pay all reasonable attomey's fees actually incurred by the lender even if they exceed $50,00 Any attomey's fees will be added to the amount to the lender. wh,ch may also include other reasonable costs. If yOU CUfe the default within the THIRTY (30) DAY period. you will not be required to pay anomey'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.lfyou haye not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun. you still have the right to , EXHIBIT "A" ""i!t""J '.'''''1"'''''''. . ",,"' ~'" H""ill"'fJ1il";f,iiIi""",,"'!1' cur~ the default Jnd prt'v~nt the sale at an\" tim~ UP to one hour before the Sheriffs Sale. You may do so by oavine: the toral amount then past due. olus an\' late or other char~es then due. reasonable attorne\ '') fe;;-~ .11lJ ,:c',.,[:, ll)J1Jh,'Ch.:J \\Hh [he fl)rl:'ch)::>lJr~ :>Jk JnJ .::1\ ~1[h<::r (U~[~ .:unne...:teJ \\ith the Shet"!tr~ Sed;: ,~~ ::>oecitied in ,,,:riting b\ the lender and b\' oerformil1':! an\' other reL1uirem~nts und~r th~ morte:Ol!2:e. Curing. )- our default in the manner set forth in this notice \\ i II restore: our l1lurtgJge to the :':iame pusitlun J:) d';. I..)L! h<.1J Ik'\ {..')" Jcfi:lult~J. EARLIEST POSSIBLE SHERIFF'S SALE DA TE.[t IS estimated that the earliest date that slIch a Sherltfs Sale otthe mortgage property could be held would be approximatel, SIX (6) M01'THS tram the date of this Notice. A notice afthe actual date of the Sheriffs Sale wi[1 be sent to ,ou before the sale, Of course, the amount needed to cure the default will increase the longer you \vait. You 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 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 a[1 the outstanding payments. charge and Jrtorn~y's fees and cost are paid prior co or J[ the sale and that (he otha requin::f11enb of the mortgage are satisfied, YOU MAY ALSO HA VE 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 DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE \10RTGAGE 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: Cendam Mortgage Corporation Altn: Collections Dept. AccoumNo.: 0010771731 Mailed by I" Class mail and by certified Mail No: Certified Article Number , Certified Article Number 7:Lm. lfS7S lo2'lf 2"l3D 376' ,iii, 7:Lm. lfS7S :L2"11f ~ 3772 SENDERS RECOfl Certified Article Number 7liDl. lfS7S'~lf 2~3il37'b 7:Lm. lfS7S :L2"I1f 2'30 ~ SENDERS RECORD SENDERS RECORD , " ,,~~~ I ~'" c.,~" -\"'~.. PENNSYL VANIA HOlSING FINA'iCE AGENCY HO,\IEOWNER'S DIERGE'ICY ASSISTANCE PROGR~\1 CONSDIER CREDIT COLNSELlNG AGENCIES {REV. 8/00) CLINTON COLNTY l":,--',Hl1iiCg-( : 'j",:l':", l'",,:it:c~ ( \l!:mli,i0r, ;;1! CVil1ll1u:::t~. ,\-:::,,>11 "~: L:I') 213S Linculn :-ill"ct:l I) 0 tI".\. i32~ \Villiamspon, [}.--\ 17-03 (57(J1326-05:;;- F.--\.\ 15-1)) 322-2191 CCCS of NOr-theastem IJ.\ 201 Baslt1 SU'cet Williamsport. P.--\ 17703 (5iO) 323.6627 F.--\X (5:0\ 313-6616 3 \ \\' ylarket Stre~t POB 1127 Wilkes-Bam:, PA 18701 (570) 811-083 i or (800'1911-9537 FAX (570) 821-1785 COLDtHIA COCNTY CLmlmission on El.:onomics Opportunity ot Luzeme COllnty 1()3 .--\mber Lane Wilkes-Barr;;:. PA 18701 (570) 826-05 \ 0 or (800) 822-0359 FAX (570) 829.1665-{Call Before Faxing) (570) -+55-4994 Hnzelto\\TI FAX (570) 455-563 1-(CJ.l1 Before Faxing) (570) 836A090 Tunkhannock CRAWFORD COV"'TY Booker 1. Washington Center 1720 Holland Center Erie. PA 16503 (81'+)'+53-574'+ FAX 18\4) 5749 John F. Kenl'1edv Center. Inc. 101! East 1011. Street Eric, P.--\ 16510 ISI.}898-0400 FAX (814) 898-1243 CDIBERLAND COUNTY CCCS o(W~stem Pennsylvania, Inc. 2000 Lingle~i!O\"'l1 Road Harrisburg, PA 17102 (717)541-1157 Urban L~agl1e of Metropolitan Harrisburg N, GIl' Street Harrisburg, P A 17101 (71 I) 13.+~5C)15 FAX (717) 234-9459 Community Action Comm of the Capital ReglOn 1514 Derry Street Harrisburg,?A 17104 [7171 232.9757 FAX (717) 234-2227 PE:'<iNSYLVANIA BCLLETlN. VOL 29, ,'0. 23. JUNE 5.1999 ',.- " . r .~ ,- ~..^ ",- ~,' r , ( ('L'S '" \"n:;'--'J:o~-:!.:l 1).\ ,(13; Su~:ti; ,\ll1<.:r:0:1 St..~, itl; i;J{; Stall.: C,)llt'g~. P:\ 1 (,XO\ i~i";l 23K-3()()i'\ r.--\,\ 1~1-i-1 2:'O-.'(1(j') ! 400 .--\binglOn Exe<.:uti\'c' P:.lrk Suite \ Cbrks Summit. P.--\ I S411 C:,701 50~ _l) 1 b3 or I X()O) l)2.::!-l)53 ~ FAX \570)587-913-1-9135 Greater Erie Community Actlon Comminee \ 8 West 9uO Street Erie, PA 1(150\ (814)459-4581 FAX(814)456-0!61 Shenango Valley Urban League. Inc bOl Indiana Avenue Farrell. P.--\ 16121 (412) 981-;J 10 Financial Counseling Semces of Fnmkiin 31 West yd Street Waynesboro. PA 17268 1717) 762-3285 YWCA otTarhsle 301 '"G" Slreet CJ.rlisk. PA 17013 (717) 2'+3-:'818 F--\.'< (71-) ']1.9589 Adams County Housmg Authority J 39-143 Carlisle SI. Gettysburg, PA 17325 (717) 334-1518 FAX 33'+-8326 EXHIBIT "Afl 'tN - ~ . ;":"'L THX:- CERTAIN piece c-r pal:cel. aE lar..d .sir:u,5.c.s i:: :r."= Bc::-::,'~g:-. .~;- Ne... Cumberland, ClJmbe::"land Coun~y I pennsyl 'l"an::..a I rnere 9.S.=: iC'uL~.:r;ly bounded and described as follows, t8 ~it; BEGINNING at. a point on the Eastern side of Market SC:::.-ee:., a distance of twenty-five (25) feet Norch from the Northern side of Second Street; thence North alone 1:.he 5aid Easter:--. s.:.de c: !'<la:-ke: Street, a distance of twenty-five (25) feet to the dividing line between Lots Nos. 55 and 54; thence East by the 5aid last mentione~ dividing :ine, a distance o~ one hundred fifty (lSO) feet to the line of a public a~ley; thence South by the same, a distance of ~wenty-five (25) :eet to a point; thence Wes~ a~d at ~igh~ ap.gles with the said alley, through the center or partition wall of a double two and one-half story fram~ dwellinG houss, a distance cf on~ hu~dred fifty (ISO) feet~to the Eastern-side of Ma~ket Street, r:.he place of BEGINNING. BEING the Northe:cn cE'.:~ha':'f 0: Loc :;',;::. 5'~ as ::'La.::"":-:.e-,:1 ct'.. :':-.~ G:::r:eral Plan of the 2orougt of New Cu~be~lan~. PREMISES ON: 203 MARKET STREET ""~~~-","="'\'l."",._ ,_F..'. I'-~ 'p , . VERIFICATION FRANK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure is based upon information supplied by Plaintiff and is true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswomfalsification to authorities. j;:-:. 1- ~ Frank Federman, Esquire Attorney for Plaintiff DATE: /b-J3-o1 '"l""'''"''~"",._" " . " . ~ o~~ ~~,,~W NN~' '" "filii'! 1m mTillri"!lti1l'~"~iJlCJlr1iil"1"!1lf1l1"ilil'l"it'lf? . ' ~ n ~ ('\ ~ ~ 1l ~ G ~ (") D ~ C 0 ...... , " - ""- 8 (} ~ D ~ " uCG' " flln'--- ---l -n -- I Z::r: ,- V; s:; N -~', :-n ..:8 -C , .;:-' :~'.'; ;:j ....;) f ~, ~~A (~~~ r"'t', ~ < ' ?: -..J >,........ .:: -r-\ Zv _>i'.. \~c=') -'C' C:5 rn ~ >c f Z -i 1'.) "I> :< :0 -.J -< "-<. ::!l~IIIlIlI!Il!I!llI!lI ,,__~,~, ,...,~ ,,~,,~~@f11~'!~1'1'!I;jI'l\\I!ll~~~~M~_,.~~""~'~;'WC]_m"'";^";"""'''!'''!:!'',;'~~f'\)o'''''''w,,~.'I'i,~{t'''''''.I\''''7.!~JilI!i;rolBW!Ii;!<F"~!@'F"'~""&~Jl!$~l'!1WJ!ft_",1>=,,\,"~_r':~ ~ # -- SHERIFF'S RETURN - REGULAR CASE NO: 2001-06072 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS HOLLY JOEL N ET AL DOUG DONS EN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOLLY JOEL N the DEFENDANT , at 1650:00 HOURS, on the 25th day of October ,2001 at 504 HERMAN AVENUE LEMOYNE, PA 17043 by handing to TANIA M HOLLY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.40 .00 .00 .00 28.40 r-~~<~~ R. Thomas Kline 10/26/2001 FEDERMAN & Sworn and Subscribed to before By: 'HEQ"I CL Deputy Sheriff me this SfA' day of (j)~ d4V( A.D. C) ;fl, 0. 1h.1i/.~ Arr'-r Prothonotary "V"-~""""""'7~""l r -,~, ~- , ~C", .~ r 1\!l!III!. r . ~~'~" ?-r"~'~ - ~m~ Zi'~-""- ~ SHERIFF'S RETURN - REGULAR " , ~ CASE NO: 2001-06072 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS HOLLY JOEL N ET AL DOUG DONS EN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOLLY TANIA M the DEFENDANT , at 1650:00 HOURS, on the 25th day of October , 2001 at 504 HERMAN AVENUE LEMOYNE, PA 17043 by handing to TANIA M HOLLY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 .00 .00 6.00 So Answers: r.w::. ~~~~?~ R. Thomas Kline 10/26/2001 FEDERMAN & Sworn and Subscribed to before By: PHELAN Q~Q Deputy Sheriff me thi s :J/", 1- day of mil.., 3( ~( A.D. ~-'-' o~ }J{,IJ,,-, . Afr;- rothonotary '~"~''''''''!'''"'''''''rn '"~ ~ = ~, ~ = 1.1" ~ " - -,," eo,._ ~~"""""-ll&~ " ' FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 EMC MORTGAGE CORPORATION 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TX 75038 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVlSION v. NO. 01-6072 CIVIL TERM JOELN.HOLLY TANIAM.HOLLY Defendant(s). 1 ! PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOEL N. BOLLY and TANIA M. BOLLY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/1/01 to 11/29/01 TOTAL $53,626.41 $469.05 $54,095.46 ,/ I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 4~ 4jJ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. (t~ Rrt PRO PROTHY ~ /l-/o-o( .~ J DATE: --~"r"w;;~,:IiI..,._,..".." _ '. C_.", ,-, - .", ...~"''''". '"---<"~'~'=-'"." ,t,- '" -<.~~~.;' -" <~ - ,~~ '"""'[~,' TI 'ilj~I!IIl\Illl!lJQlllll ~ _ -fIIl'n-'~"1~ ,_~,.(J~)~~V:-JB1 _'_>"" t.."._oj"J ,I ".",", ~ (".1 r ~ ~~f~ 7, -;'75 ~ r:r' :~;~ Z";:-:, ::L">C Z ", -< ~m'ilir'nTill''11 '~ c::) CJ n-1 '-~) (:::-; ,.~ ... j.~-F -:.n ()~ """ ~~P1l'M~(0~;"jl~*i-I"*->~"'i(~,,0'i'j\~~~i~~~~~lim~If':' ]~~ ~. ".~. ~ . o"'~~_" ,,'~~" " ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EMC MORTGAGE CORPORATION 909 HIDDEN RIDGE DRIVE, SUITE 200 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVlSION v. NO. 01-6072 CIVIL TERM JOEL N. HOLLY TANIAM.HOLLY Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 2001. By: DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "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 CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." '''.''''''~''~~"", ~ ~ . " FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS EMC MORTGAGE CORPORATION CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 01-6072 CIVIL JOEL N. HOLLY TANIA M. HOLLY Defendant(s) TO: JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE,PA 17043 -'." ~ ~.. ~ ~ !" ~-': ' DATE OF NOTICE: NOVEMBER 15.2001 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 HERE~N, A1~D ANY INFORMATION 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 ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAi"TI COUNTY CUlvlBERLA1'ID COUNTY BAR ASSOCIATION 2 LIBERTY .-\ VENl'E CARLISLE.PA 17013 (717) 249-3166 -, -I ~ ~/!_~C' '.,~ Frank Federman, Esquire Attorney for Plaintiff 9"'=~l!>~ --7'- ~ 'I ,"C_., , """""'"",, FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS EMC MORTGAGE CORPORATION CIVIL DIVISION Plaintiff vs. Cu~BERLAND COUNTY JOEL N. HOLLY TANIA M. HOLLY NO.01-6072 CIVIL Defendant TO: TANIA M. HOLLY 504 HERMAN AVENUE LEMOYNE,PA 17043 c DATE OF NOTICE: NOVEMBER 15,2001 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 ?~RPOSE. 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 AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUlvlBERL\.l~l) COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ,....---, ! /- , , ./7 c'~;- .-----:..c( "'~ Frank Federman,Esquire Attorney for Plaintiff ;"" , ,\h""-'.<>"<"'-.~ -'~" '~"_ ~~,"" ""~ .' . FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PlllLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION 909 IDDDEN RIDGE DRIVE, SUITE 200 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6072 CIVIL TERM JOELN.HOLLY TANIA M. HOLLY Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOEL N. HOLLY is over 18 years of age and resides at, 504 HERMAN AVENUE, LEMOYNE, P A 17043 . (c) that defendant TANIA M. HOLLY is over 18 years of age, and resides at, 504 HERMAN AVENUE, LEMOYNE, P A 17043. This statement is made subject to the penalties of 18 Pa. e.S. Section 4904 relating to unsworn falsification to authorities. ~~~L FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -,"";,,",..,.~ -~~-~,'<>' , :ifi__^ ~_""_~n_,_~ ~. ~ "'".w.,.""",.....'.rr-".>>.ll'rtJn' . \ ?b (1\ ~ :7, 4- o ~ ~@~ ~ Mi~ ~6 ~ ~ ~~ \..N "" C --i) +-- f\ ~ go r ~ G ...;. <;- C) c ~ '"'- illlm ill ijr ~n~1li(1?' C~ CJ ,,' C'~) (=' r'-' c;'; ':0 --<:: (Jl 6ffl _ Jl,,,,'"_ "_"__",~._MI~i!!!'IIl~l~ _ , _,"y '1~1!!\W';-~'_"~"\!f-"'j'.;,-'''-_5-~''''a''''_>'q,;;.'t'I:''Jr~~~11t'~~~!WfH~~ffll%1i!~'!!'}'~~~' :=" ~ -~ "''''''''''1''!'l'l<,~ ~ --" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R-C.P.3180-3183 EMC MORTGAGE CORPORATION Plaintiff, v. No. 01-6072 CIVIL TERM JOELN.HOLLY TANlA M. HOLLY Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $54,095.46 vi Interest from 11/29/01 to 3/6/02 (per diem -8.89) $862.33 and Costs TOTAL $54,957.79 if\~ 4 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff ./ Note: Please attach description of property. No. ., "~ ~~, -'=''''''<' ~ .,"-~,&=_".~C~.,~,_,_ ,~.~~<~ Ii c'IiL T TI,lll'Icc1lf'~r.iIl1lIrUIl':Iil1"i"f'" '" "'" 0 r-- .... < ~ ~;:$ ~ z 0 O~ 0 ~ 00;;- z ... f;l;;l ~~ 0 ... "'" ... ~ ~ ""'00 ~ U -d ~z ~'E " Zz >->- z ~ Of;l;;l 0 f;l;;l = f;l;;l ~ "","'" '" ~ '" ~~ "","'" ~ Q " 0;:: .J:J oi:: 0 00 ... ~ ~ U == ... .. Uz .; ~~ S ~ :> i~ ~~ ~~ '" 00 ~ "",< " ~ ~ ...u ~~ ~ I>Jl g. ~'g l>o ~~ ~ "'" ~ ..,... f;l;;l6 0 0 In 8~ ~ ~ ~ ... OJ f;l;;lf;l;;l U U '" ~ '" == ~ .;;; ~ ...~ '" f;l;;l - :s~ ~ ~ U 0 """,.i C -::.7 ~ ___J ~:o-._ --on' ,-,-'\ rnr"~ ,:.-; ~t: c:::' (f!~-:.-- ::S---~ '.0-"c.. j;~ ~I~: ~ :z; cr. :( {r'> ,. '. '1"!l~" ._ ,~.C"',~W'I'l~'~~R,_ .J"""" ,~,,",,,",,,.,.~_ !;':C;~"w,\,~'~-J<~~.""~;'.-,~ "1:"'-:-'--''';T-,f"n'''--''1%1'Y,;!il~~l\,\~~~~!fl!~~r#ffi~~~l'lf.~:lJI~;ljl1iJt' ."~Ii!!!t." ,~_ ".. ~ , ._" '._ =."~ .", . 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; ~_. 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) 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 of the Eastern side of Market Street, the place of BEGINNING. BEING the Northern one-half of Lot No. 54 as marked on the General Plan of the Borough of ~ Cumberland. HAVING THEREON ERECTED a two and one-half story frame dwelling house and outbuildings Imown and numbered as 203 Market Street, New Cumberland, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Joel N. Holly and Tania M. Holly, husband and wife by Deed from Nancy H. Slaseman, a single woman dated lIUIl':i':i8, recorded 1/20/1998, in Record Book 170, Page 1032. "~"n'!Ji'R.~~ _V,, . ~" --. . '" - ~ '~~~II\IIII =- T~~_~ ~ ~, .-~-'-~ r \' -...., ~ - . ~ -.'"",,' r,",' '."M_ ;'<'0. - ""'""",^~''''''''''[[tirJr "'T .ITI" ~rt7-:'-Y[ ~ t,- ---.., ('>-'0 ---.. ~ i;" 'i-{:::--. \:) ~, C", ~. .~\ ~\:0 ~~~f'-o , , ~ v.,~ '. ~ ~ '^ " ~ ~ ~. o c -0':'- rnr;: ~i/" ~:::'- r:::c ~~; :::::~ .-<: I.:::; ;"'~ -" ) (:.:; r~~ ., c:n ~ mrr'!' <f,.t'll1' Ill"'" I~ , '.if,"h\~Nffi""'~'-":"'". 'i't~.-,""~'" "",;;,. ;i""'''''',''it;_",n',"';1~!;l.f:'ffl~W.~l'7o'ti,~'lih~tlWi1lIJ1)Wf~'IW,.l'J\'l,n_;' _~_Jq,.0. i"""-~.' ". ^,. ". - ~~, . i EMC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. JOEL N. HOLLY TANIAM.HOLLY CIVIL DIVlSION NO. 01-6072 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) EMC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .203 MARKET STREET. NEW CUMBERLAND. P A 17070 . 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE, P A 17043 TANIAM. HOLLY 504 HERMAN AVENUE LEMOYNE, P A 17043 2. Name and address of Defendant(s) in the judgment: JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE, P A 17043 TANIAM. HOLLY 504 HERMAN AVENUE LEMOYNE, P A 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SMITH RADIOLOGY 1515 BRIDGE ST. NEW CUMBERLAND, P A 17070 "--'~"R1'="""^, . ."~ r , " ~" M""'-"''''~o,,''''''a. ",^~> '_ . j. . , )t 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUPERIOR MORTGAGE CORP. 1395 RT. 539 PO BOX 188 TUCKERTON, NJ 08087 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 203 MARKET STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. W4~ November 29.2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 'l7<:'""'r'q~ ~. ~ -I , :m~" ,~ ~~,..".- _< ~"_" ~ _~,. , 0 ' ,. - ""~~ -~,~, ~ _n~-'1~~~~~.' Ul$.:ur .'..w.,,<~. "'fi1ImTimmr' ';ir' G S <, cp tr~ ~>~:c -c; <_:: ~:c> ~fj' z ::< €s 8# ijT.1i'~'~'r1liT1lT:: .' ~ C} '=' n'l ,-' -' "T: ;"1,.:; c; -mol :".11 "''',1 ~:~ _ . J,~ fiil_W"W"'ff.'"f*;"',,~,(;;'r;,,-,.~'t"';:'f!S~,,;[~,'F{i:'._'i~'~~~",,~"f.iI!',~$!l!l!jflJljEI?W~,~Vr.llW&!~~, I -o~,< ,"oJW",! '~' ~'.. FEDE~ANandPHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION JOELN.BOLLY TANlAM.HOLLY NO. 01-6072 CIVIL TERM Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 4J 1~^^- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '-,"'~'"i<'~ - . -~<~,~. iOl!IIIIlRI! . ".,.JII, ~, . ,'_",,"'" .~ _~_~_mtxv:-:-- 'j~r ..~,".~~." , ~,'~'" " i '""""'ii]lN ill illJT'"'(f T"fr"', C) ~ ::.;'" ~T1'" ~r:t~: z,: 0) . -(",':. r::::c ~2 "'.::- :2 ~-::'J: i'q "') c l"~ -:,1'1 ...j u ,.l-~~m~ ,_,_,.~ ,,",y,~j!jih'"'1l'''''''I'",,''''<;'':-' 'J)P"~i'9"">;'h'~"'<'''-'''''"~':"}'''''l'c'ilI~~~~~flj~W'iRlji~W.\t.~,__" iil!I.'l-~,F if , .r ~'w'''''m~~ ~ EMC MORTGAGE CORPORATION Plaiutiff, CUMBERLAND COUNTY v. No. 01-6072 CIVU. TERJ"l: JOEL N. HOLLY TANIA M. HOLLY Defendant(s). November 29, 2001 TO: JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 TANIAM.HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORM A TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 203 MARKET STREE NEW CUMBERLA1~ PA 17070 is scheduled to be sold at the Sheriffs Sale on MARCH 6. 2002 t 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 54.095.46 obtained by EMC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) " "" ~. - ~ ~ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 the 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 within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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 ATTORNEY REFERRAL CUlVlBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ""i~'",f!~"",_,__._ , .', "', , ,- , :i:"""""""'''''''''-'=''''''~"' '-~ ,,". " ~. - 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 :J.t a point on the E:J.Stern side of :VIarket Street, a distance of t..venty-five (25) feet North from the Northern side of Second street: thence North :J.long the said E:J.sTern side of \-Iarke, Street, a dist:J.nce of twenty-five (15) feet to the dividing line between Lots Nos. 55 and 5..; ~- E:J.ST by the said last mentioned dividing line. a distance of one hundred fifty (150) feet co the line or a public :J.!ley; thence South by the same, a distance of twenry-five (25) to a POinT; thence WeST and at right angles with the said alley, through the center or partiTion wall of a double two :J.nd one-half story frame dwelling house, a dist:J.nce of one-hundred fifty (150) feet of the E:J.stern side of \-l:J.r:<et Street, the place of BEGI?'-i~lNG. BEING the Northern one-h:J.!f of Lot No.5.. as marked on the Gener:J.1 Plan of the Borough of ~ Cumberland. HAVING THEREON ERECTED a two and one-half Story frame dwelling house and OUTbuildings known and numbered as 103 Market Street, New Cumberland, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Joel N. Hollv and Tania M. Hollv, husband and wife by Deed from Nancy H. Slaseman. a single woman da;ed Ijl1.il<,l<,l~, recorded 1110/1998, in Record Book 170, Page 1031. ''''H'''"'''''''''l'I'1'l' " ~ . -'-el!lllllllll!!II'P" " ~~. -~ -,-. .~~~~~ .~ O~~ "{""''''''iiili'illllT' 1'fJ11""n1rnI1 J[""'n?l1rrnr'.ni"TIi lU'trrYI'~ ~ (') ~;; -r~ rr- ~) ..... ?iS~ ~?..:- r:::c :Z;C~ ~~: :..:.:~ -"'.. C~) ":1 -,1 ~ .) c:::- i'.,) :~"t --, J!j , _ _ ~]"W~!~~.,w"'~~'!U'lI!l.lIIl ."", '", ~ _ml!I~~Ii~$..J1I""~'~~,,",w''''':-''V'M'''<''':f''''''~_'->"''''Pi'1+''r?R""J;j[I\:'t>"!ifijD'~l~~-"D:I!';;f,I!;<~rRf;'!',W~,m:~fflflr~fl?:,,,,,,,. , _"'~ p\ g)1t:~.y,;" ~'" . .'~ 0'1"'(,,.- AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINtIFF EMC MORTGAGE CORPORATION No. 01-6072 CIVIL TERM DEFENDANT(S) JOEL N. HOLLY TANIAM.HOLLY ACCT. #0010771731 SERVE JOEL N. HOLLY AT 504 HERMAN AVENUE LEMOYNE, PA 17043 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED Served and made known to JoE. LN. Ho LI. Y , Defendant, on the I S"7H at I~:'~ ,0'clock!2-.m.,at 50" f./EI<.MAJJ AvENUE) LEMoyAJE. dayof DE'- ,2001, , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. )< Adult family member with whom Defendant(s) reside(s). Relationship is IN I ~f. (TAN IA .M. HoLLY) Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant( s) reside( s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age32 -'r" Height~ Weight~ Race --'-- Sex Lather , a competent adult, being duly sworn according to law, depose and state that I personally handed . ce of Sheriff's Sale in the manner . ,issued in the captioned case on the date and at NOI8rilIISeaI CIIIlB M. rltOJrl".1I, NoIBIY ~ Sworn to and subscribed C;h."~~ 7,2005 b~~, day tNeo..., of . 200-," ,I l . _ D" ......l'\o..~lI.... r J' - "lOt.... Notary: /YJ~: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED On the day of , 200~ at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esqulre - I.D. No. 12248 One Penu Center at 8uhurbau Statiou 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 "1""'")."~-~_~'M , ~-. ,. 'j;,~ ~,~~~ifl'",.~ ~$I:"L ',"- ,-- "7""~";;;~"", ",~",>>~.--,''''~'~ " -~~ ."OO"~"'~""' JUI.I ,iIiiIi'"~(I'" 0 0 (-" c- _e "'" -;-1 ""'ti:!;>>' CJ ~O:, ""1 Zi7: " ::;:' ,- ZC' w.) .T, Cf) '"', ~J ~?~ -<.>::;,.., ". ;<0 -0 .-'1 ~C 2 ,:"_:ll ~O '__J (') Pc: z:- (ifTi Z '" :'0 =< 0 -< . ');'\r#:'I"~""''''',~,,''P'' J",::,;.""t_~ 1::.5' GH ^ ~~~~ .' 1"';;;ll~lV!ii\'l>'~_IWl"'''''-'\;C''''.'-'-' %1-"'P:)'!""''''''!f,'",:;!1li;'f<!'!!'J'ii'if~I~\!''M~I.'!f!m:J;i~~w',('~~~~eI;..,..~T' ~~~T{ FEDERMAN AND PHELAN BY: FRANK FEDERMAN; ESQUIRE Identification No. 12248 Suite 1400 One Penn Center Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff EMC MORTGAGE CORPORATION PLAINTIFF COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY No. 01-6072 CIVIL JOEL N. HOLLY TANIA M. HOLLY DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. ~~m1<~rl~ F , K" FEDERMAN, ESQUIRE Attorney for Plaintiff Date: DECEMBER 28,2001 ,-","",,.""" . ~~ .~~ p~-~ '~~~"""" ~ ~O/24/0~ WED 13:13 FAX 2155637588 FEDERMAN & PHELAN ~OU7 ~ . 1 . - . , JOEL N. HOLLY #2313872 YF.Rlmr..lTlON hereby staltls that he/she is of mortgage servicing agent for Plaintiff in this matter, that helshe is authorized to take this Verification, and that the stalements roade in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of bislher 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. ~ M1/iAiCQ / I ~:J-9,/O I Susan F. Christy Vice President DATE: ,.,,-~ - ~ -. - -, :'- -'. . , , "nf' . v\,,'\ a \ Ge;l f "",":i C \ ~ . \.~ ; "t, ",' 7".: 2 \ \,\ -~ ~, '- ~'"'' ~-"--<', ,"' ~ ---""--~"-,"'- (") c: :?'" -0[" q;Jm,,' ""-.'"'"t', 2'C' 05.,' ~~ ...,..._1~,1 )3: 7C) 5:c: c: :z: =< ",. "i.,ilue,ell' ~ / a !'o.) o -n '-- ;no :;:?: ,..1 , w -'-~n"; '-_~7Cj -'j) .)S? ;~;2 ?~ .~1r;-; ,0>- "0 =< ~ ::it r.l? :."J *~,~. ,,~~'ij!j;[,","~~I!ffi~~~''''Y''''lI';Ff'''''''';'' "-:,"_',""c~"$""m~fI\l~~H'!l'ffl.'m't",,1;"'f~"f\fflT~iW'~~~~,' , " . SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW EMC MORTGAGE CORPORATION No.: 01-6072 CNIL TERM vs. JOEL N. HOLLY TANIA M. HOLLY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. RC.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 203 MARKET STREET. NEW CUMBERLAND, P A 17070. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy ofthe Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. February 25, 2002 - t ~A F~EDERMAN' ESQ(JIRE Attorney for Plaintiff '~"'''C:''\!-''''''''f'~Zl~" _,_ "~ i:\';itt,'%;f'*"'-'r:ru "~"""'ffni'J!!l"l__._, EMC MORTGAGE CORPORATION , . CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JOEL N. HOLLY TANIAM. HOLLY CML DIVISION NO. 01-6072 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) EMC MORTGAGE CORPORATION. Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,203 MARKET STREET. NEW CUMBERLAND, P A 17070 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE, P A 17043 TANIAM.HOLLY 504 HERMAN AVENUE LEMOYNE, P A 17043 2. Name and address ofDefendant(s) in the judgment: JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE, P A 17043 TANIA M. HOLLY 504 HERMAN AVENUE LEMOYNE, P A 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SMITH RADIOLOGY 1515 BRIDGE ST. NEW CUMBERLAND, PA 17070 ~""~'- -"I ,-" , ~ 4. 'Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUPERIOR MORTGAGE CORP. 1395 RT. 539 POBOX 188 TUCKERTON, NJ 08087 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 203 MARKET STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 4~4~ November 29.2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '-';t"~;''+~ --~ ., ~ "t J "'-i r. ~. € - - - - - - '-D 00 ..., 0- v. ... W N - " ;.~ v. ... W N - 0 " "3 .. ~ ~.. '" = > "," ~s, '" 0 ;:l. '^ .... .. '" ~ n' , ... ~ iD ~ ... 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R - (g r:: 0 ::;I 0" ::1 ~3Zjg,; ..., '" ~ 0 .".,;r V> =' .., 0 ..., >- ~li"~8g ~ .Z 0 - '" ~ _.:::1 0 (1l ):: ..., 0 8.3. 8~ ('0 Z 0 ET-.<"O::-.1jj" ..., to g."d ~ lli- a '-< 0 0 CIl t;l ~ g ,,~. 0 .~ "" ><: S,iflgs. 0 N "" 8 iJi' r:: 0 ..., 0- ~~~~; ..., ~b;J~~ ,v. ~ n . 8; &. 3 ~ 0" ~ ~ g /'~;> " ~ s" ~~. ",:," ~.~] 8- . CIl CIl n _. t:i :;:. .~..., \ to t"" [g.~g c: Jr1 i! ~ ~ i! '- I, .~ '" _. . c.!:t. >- .:-~ g g ~ '" ~ " / ~ :::; a~ @ '}" 0 ~ ~ g.o:s. ,- , J-:_ - - e'1ra;. -, ..., w .g g g a - :;:t. tr:I::;I Q. 0 g~ g a v. e:.ag:=.: o' Bl o';l .. ~ ~::I <'D a .- ,.--..--.....-.:) )~~;:'._- ~~;;: ~ ~ .. , i. :?""? ,...~'-.....'V~- !:\"" '~",\)"'L: ~.~. 'l!r 11 S D~SlMJ:: ,. , . ( ,'" p-- /ij.......-. \ ~ S (~'~~ \: ~ -."1' - '.. __ - ... 0 ~~ ~C.'~ Ii; ~ ~ -~~,. :: \ .2 ~ :: : " , """";~ j. [ '., ~_~/ i::,:)~:6,}L~-..-- _0'__"_"'__ ;:: ~ . = I I I I I E. I I I I " ""''''}'.'-'''''''''''~ "F -~ ~ ,., -, "I ' - ," -------. 0>2 ...."".. CIl Q, = '" ... '" = ~ ~ """'= ill "" ;g~~tii :::.:......t'DtJ ..-l..,jtIl %~g ~~ ~. "1 (") . . " "<:I~a~ > g ~ -:; .. ;a,,- ......O"tZl"'e 0,< '" :I: lftdcr_ - 0'" "" ooca-~ ............1:1)> A ~ ,=' z t""el!4' ~ po ~. ?=CIl@ 5. 1t - .j:,. o o ~ DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) JOEL N. HOLLY TANIA M. HOLLY PROPERTY: 203 MARKET STREET NEW CUMBERLAND, P A 17070 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriff's Sale on MARCH 6. 2002, at 10:00 a.m. in Cumberland Countv Courthouse. Sonth Hanover Street. Carlisle. PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH ""'''''~~''''''''''''', ,~~ ,"." - ~, ~ r' I~ """~~ 'o':A~';;,,,. ... . SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EMC MORTGAGE CORPORATION No.: 01-6072 CIVIL TERM vs. JOEL N. HOLLY TANIA M. HOLLY ~OERMAN AND pHELAN '<"~I''''''':':1jf::U r::iLE COpy 3.~1! :"V..tl~",&.;.i f PLEASE RETURN AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.c.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 203 MARKET STREET, NEW CUMBERLAND, P A 17070. As required by Pa. RC.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. RC.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. - } ~A FJEDERMAN, ESQUIRE Attorney for Plaintiff February 25, 2002 FEOER~A.N A.~? PHELAN ,-,"T/",.:?<,r-:v ril!..E copy HI, ,v",~- Rl.l ,'. PLEASE RETU I" ~'"'' ~~ , ~.,^" . '.' " , _ l!"",m=-"',"F"1~.w__~ '-' "_u, ~ ~~-'-', ~ -~~^- "'-"'-"-~"'~""""~- o c -"," So -nr_i-'; rrl rT~ Z:~~' Zl;" ~'Z::: r:;:L.' ~O ~2 ~ "...... ~.'f"1 oJ 1'") ,):) ~ &J '''llllli\P1l .... ,~ ::~.-~ .'"~ ?::.:: r-'" (_-..i )-~ .:-;~: "'--(. _ --r"'- (;,Je') ,,_,,-::rn ::':!t ~;:; ::< -,. ;;:=; ~,' '" $"" '_'"'r"".:riI!P't'l!~;!\1il\!,!>jCe"I" ''''''''''''I'')'',';w,',. ;""'--'Ii""" -"'~';r-'''d'''''!F<'~_ffi''lI;>:!li'll''(I''!1'!'~i\>~'*'''~'i1'':W'1'ffl'-'')Wi;"l?'l~,~~ _ -tr-!!'t~ --- STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, _____________________________________________________~________________________Ilecorderof Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which ________________ EMC Mtg Corp . ____________________________________________________________________________________ ~ the grantee the same having been sold to said grantee on the ___________~_~~________________________________ day of March 2002 ________________________________________ A. D., ; _____, under and by virtue of a wriL_____________ 10th Execution . _________________________________ _______________ ISSUed on the ________________ ______ ____ __ __ _______ 2001 --___, out of the Court of Cornman PIcas of said County'as of Dee day of __________________________ A. D., Civil ------------------------------..------- --- ------- -- ------- ------___ ____ ___________ Tenn, : g872 EMC Mtg Corp Number ______________, at the suit of _______________________________________________________________ Joel N Holly & Tania M ---..--------------------------- ---... against___... ---- __... ______ _ _____ ____ _ _ ___ ___ ____ __ ______ __..._ _ is 2001 duly recorded in Sherilrs Deed Book No. _____~_~~___, Page _______~?___. IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this ------L--- day A../7 '"' I Df.-ev "2-- of -____'-_!.d.:.__________________ A. ., - .----- ~+:-----R;;~;..-~io;cd. y, - -JU?'?~j~.""",,~ , EMC Mortgage Corporation VS Joel N. Holly and Tania M. Holly In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6072 Civil Term Douglas Donsen, Deputy Sheriff, who being dilly sworn according to law, states that on December 26,2001 at 4:08 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Joel N. Holly, by making known unto Tania Holly, adult in charge, at 504 Herman Ave., Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on December 26,2001 at 4:08 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Tania Holly, by making known unto Tania Holly personally, at 504 Herman Ave., Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on January 07, 2002 at 1:30 o'clock P.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Joel N. Holly and Tania Holly located at 203 Market Street, New Cumberland, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being dilly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Joel N. Holly, by regular mail to his last known address of 504 Herman Ave., Lemoyne, P A 17043. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Tania Holly, by regular mail to her last known address of 504 Herman Ave., Lemoyne, PA 17043. This letter was mailed under the date of January 23,2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Frank Federman for EMC Mortgage Corporation. It being highest bid and best price received for the same EMC Mortgage Corporation of909 ," ,~ " ,"' . ~"' ~ " ~~-, ".~~~~ Hidden Ridge Drive, Suite 200, Irving, TX 75038, being the buyer in this execution paid SheriffR. Thomas Kline the sum of$767.42, it being costs. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 30.00 15.05 15.00 15.00 30.00 10.00 .50 1.00 21.45 1.12 15.00 30.00 274.70 231. 90 24.20 25.00 27.50 $767.42 paid 3/13/02 Sworn and subscribed to before me This 51& day of Or" "J 2002, A.D. ~t f1 'Jt-u;//. ,~ othonotary , '"'~"J""ro,~""",~~ 1 ~ F , ., " ~Pd( r ~ ~~...R R. Thomas Kline, eriff B~~~ Real Esta e Deputy ,~~ 30,'P~ I~ ~~ Ue.36~3.3 o2-c- /'" 3 '71 (, . EMC MORTGAGE CORPORATION ; , CUMBERLAND COUNTY Plaintiff, -+ v. COURT OF COMMON PLEAS JOELN.HOLLY TANIA M. HOLLY CIVll. DIVISION NO. 01-6072 CIVll. TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) EMC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,203 MARKET STREET, NEW CUMBERLAND, P A 17070 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE, P A 17043 TANIA M. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 2. Name and address ofDefendant(s) in the judgment: JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE, P A 17043 TANIAM.HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SMITH RADIOLOGY 1515 BRIDGE ST. NEW CUMBERLAND, P A 17070 ~ -' "" - , ,- -f'-"-l-' ~""F __', ,,1-'- . 4. Name and address oflast recorded ho1dt;r of every mortgage ofrecord: '10 Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUPERIOR MORTGAGE CORP. 1395 RT. 539 PO BOX 188 TUCKERTON, NJ 08087 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None.' 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 203 MARKET STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. W4~ November 29.2001 DATE ~FEDE~,ESQUIRE Attorney for Plaintiff -'~,,~_,.,'l':, ~-. ,,,, ~ ~- ~ -' 1,_ " ~~- EMC MORTGAGE CORPORA nON Plaintiff, CUMBERLAND COUNTY v. No. 01-6072 CIVIL TERIVl JOEL N. HOLLY TANIA M. HOLLY Defendant(s). November 29,2001 TO: JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 TANIAM.HOILLY 504 HERMAN AVENUE LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING 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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at . 203 MARKET STREET. NEW CUMBERLAND. P A 17070. is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 54,095.46 obtained by EMC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) .;'~1$1W3,T-!l!S'. I' ." ,'-'- ,~ I ' ~ ._, ,~ - ~ ., YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 the 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 within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 --_",,"'_,"f"~ . - ~ , lP ALL THAT CERTA.IN piece or parcel of land situate in the Borough of New Cumberland~ Cumberland County, Pennsylvania, more particularly bounded and described as follows. co \vie: BEGINNING at a poim on the Eastern side of ~Iarket Street. a distance of twenty-five (25) feet North from the Northern side of Second srreet; thence North along the said Eastern side or -"'Larke, Street, a distance of twenty-five (25) feet CO the dividing line between Lots Nos. 55 and 5..; ~- East by the said last mentioned dividing line. a distance of one hundred tifty (150) feet to the line or a public alley; thence South by the same, a distallce or twenty-five (25) [Q 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 star! rrame dwelling house, a disunce of one-hundred fifr'j (150) feet of the Eastern side of -"'larket Street, the place of BEGIN~l)jG. BEING the Northern one-half of Lor No. 54 as marked on the General Plan of the Borough of ~ Cumberland. HA VING THEREON ERECTED a two and one-half Story frame dwelling house and outbuildings known and numbered as 203 Market Srreet, New Cumberland, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Joel N. Hollv and Tania M. Hollv, husband and wife by Deed from Nancy H. Slaseman. a single woman da~ed 1112.' ll}l}~, recorded 1/20/1998, in Record Book 170, Page 1032. :-;''0\'''1'',,4 i.!:1Jl!ill ,~, _ ." '. , L WRIT OF EXECUTION' and/or ATTACHMENT , . COMMONWEAL TH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-6017 CIVIL 190{ TERm CIVIL ACTION - LAW - TO THE SHERIFF OF Cumberland COUNTY: EMC Mortqaqe Co:tpOration To satisfy the debt. interest and costs due PLAINTIFF(S) from Joel N. Holly and Tania M. Holly. 504 Herman Avenue. Lemoyne. PA 17043 DEFENDANT(S) (1) You are directed to levy upon the property of fhe defendant(s) and to sell See Legi'll DescriDtion (2) You are also directed to attach the property of the delendant(s) not levied upon in the possession of GARNISHEE{S) as follows: and to notKy the garnishee(s) that: (a) an attachment has been issued; (b) tb~,garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and trom delivering any property of the defendant{s) or otherwise disposing thereof: (3) II property of the defendant(s) not levied upon an subject fo attachment 'S found in the po$ession of anyone of her than a named garnishee, you are directed to nomy himlherthat helshe has been added as a garnishee and is enjoined as above stated. Amount Due $54,095.46 L.L. $.50 from 11/29/01 to 3/6/02 (per diem - Interest 8.89) $882.33 and Cmltc Due Prothy $' on Atty's Comm % Other Costs Ally Paid Plaintiff Paid $106 40 Date flp"'pffi"",r 1 0, 2001 Curtis R. Lona Prothonotary, Civit..B\vision REQUESTING PARTY ~2_~ Deputy Name Address Frank Federman Egq. One Penn Center at Suburban Station 1617 John F. Kennedy Boy.levm;Q~Suite 1400 ..Philadelphia, PA 19103-1814 Attorney for: Pl i'li nTi ff relephone 71 '1-'161-7000 Supreme Court 10 No. 1/748 ,",-, .' ,." ~ - . .~__, M- ~,-,. ,~.> - ..,~""-~,~~,,,,.~ ."~ .~ llIJ . REAL ESTATE SALE No. if I .. .. , On December 12,2001, the sherifflevied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, P A, known and numbered as 203 Market Street, New Cumberland, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12,2001 By: Oeri<{J~ ieal Estate Deputy ~ t:;j;J 517' c:::::i G19 t;;;; \~Slnnd "ri\u~" .,. '. ""j , \~',' \, ,.. '31\! ..' lit t, \\ \\), ',\~ .."c\";;~1(l ).j,Il(lU~ ,,\\~ 3U 1, jjl'ol1\\> "~"'='=-_"".';I""".'!f'_........._,,",,"""".""_W:~"'i:i""",,W>>~J""''\H':'_~'_'<>""Tii';;:j"!'~]"i'-~;;miA"t";,F~Yf~""?~;'---'''- - - ---"-;'~-'-T:_!-',"i"-,;',I:;C",": c.",--,_" - -"D!--q-';'FPH-"';~"rn;r,:\~ .'. ~ -'Il. 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 Michael Morrow being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav 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 andlor Sundayl Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. 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, piace 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. Notarial Seal Terry L. Ru..,II, Notary Publl Herrlsburg, Oauphln County MyCommlsslonExplresJune6,2002 NOTARY PUBLIC Member, PennsYlVania Association of NO~~ommission expires June 6, 2002 PUBLICATION COpy 5 ALE #41 S ".' , CUMBERLAND COUN1Y SHERIFFS OFFICE CUMBERlAND COUN1Y COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 230.40 1.50 231.90 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... '-'-.;~,',"_~'*'''R"''"-.,'~'''~_ - ~--".. - " - IlEAL ESTATE SALE No. 41 ...----.' Writ No. 2OOHI072 - - Civil Term ==-" ,EMC Mortgege ~ - ..~m",CorporatlQn ~-'-'-~-_. _w ..... , , Joe' N. HoUy ~ - - .- - _- and18~nTa M: Holly ,,' , AllY: Frank Fe~rm.n J,,'ClU!'J1ON <<--' ~ CERTAIN piece or parcel of land ~liit")n the Borou.gb. pf New Cumberland, ~1and County, _ Pennsylvania, more ~culady boundedanddescribed as follows, .fnu~l'----- "_ ilmGINNLNG at a point on the Eastern side of r.I:1.t!ttpt ~trt'et,..a distaoce of twemy-five (25) ~ North from the Northern sU1e..of Second ~eNorth,"o!l8thesaidEas""'skIe ~nfiiry"! Street,.~ dis!ancc of twenty-five (25) titeLto_the_ilh'iding line between..Lotli Nos. 5.5 ~nn c,'J. Ih"lIce Ea:it by the said last mentioned ~.d!'(@ini-line. a distance of one hundred ~J-reet1l?-~ ~_9Lil_PUbI,ic alley; !EenCe--South by the same, a distance of ~ ~ntl-.fh~,(2j) 10 a point; thence West and at :!!il>!angJ" wilh the said alley, through the ~ partition wall of a double two and ~'frlunedwellioghouse.adj~tance Si! Ohe'liuo4i'd,fifty (150) foot of the Eastenl fs!de _of' Market Stree, the pi'" of BEGlNNING, -BEINutlie North.c.rn one.half of Lot No. 54 as :. 1P.~t.rl'_d..Qn the General Plan of the Borough of :TNew CwiWerimld. ~VlNG TIiEREOl\. ~CTED a two and ~~" stQ!LJrante- dwelling house and ~gs known m.( fUlmbercd as 203 ~arket Street, New Cumberland, ~01IV- ~- _ -to ~A1b premises is vested in Joel N, ~HoIly and Tania M. Holly, husband and wife, f=Oy Dced-fn?I.ll_Naoc)i a SJaseman, a single ' woman, dated iIl2!i99S. recorded InUl1998. in Reeord Book 170, Pa&e J032. '>>v)' '"'K'tll'-' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.l784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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: JANUARY 25, FEBRUARY 1, 8,2002 Affiant further deposes that he is authorized to veriJy this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements 8. to time, place and character of publication are true. I / Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 NOTARIAL S LOIS E. SNYDER. Notary Public CarlIsle Bore. Cum!leI1and County My CommisIlon Expires Man:Ii 5. 2005 "'.""~""'''',''~''~I~"" ~~ ~, ,>> =, ;''f(~T1'-;.'''''~'~~'f-;>(- .f;". _~ - c' "~ '. ;'i~.",,:,,-_~_ ,~ J ,n, ,. '-1' -. ESTATE SALE NO. 41 Writ No. 2001-6072 Civil EMC Mortgage Corporation vs. Joel N. Holly and Tanta M. Holly Atty.: Frank Federman ALL TIfAT CERTAIN piece or par- cel of land situate in the Borough of New Cumberland Cumberland COtul- ty, Pennsylvania, more particularly bounded and described as follows. to wit: BEGINNING at a point on the Eastern side of Market Street. a dis- tance of twenty-fwe (25) feet North from the Northern side of Second street; thence North along the said Eastern side of Market Street. a dis- tance 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) 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 stoty frame dwelling house. a distance of one-hundred fIfty (150) feet of the Eastern side of Market Street, the place of BEGINNING. BEING the Northern one-half of Lot No. 54 as marked on the Gen- eral Plan of the Borough of New Cumberland. HAVING THEREON ERECTED a two and one-half stolY frame dWell~ ing house and outbuildings known and numbered as 203 Market Street, New Cumberland. Pennsylvania. TITLE TO SAtD PREMISES IS VES1ED IN Joel N. Holly and Tania M. Holly. husband and wife by Deed from Nancy H. Slasernan, a single woman dated 1/12/1998. recorded 1/20/1998, In Record Book 170, Page 1032. ~I . " """"'!!I ! F__