Loading...
HomeMy WebLinkAbout99-04953ai. !'`Lr 'r i? !!a k iJam ?1i8 GOI-')BECK McCAFFERTY & MCKEEVER Br" Joseph A. Goldbeck, Jr. Attorney I.D.416132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. CIVIL ACTION - LAW ROBERT B. BOLLING AND SUSAN K. BOLLING (Mortgagor(s) and Record : ACTION OF MORTGAGE FORECLOSURE Owner(s)) (Record Owner(s)) Term No. 99-4953 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2(c)(2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( X) Personal Service by the Sheriff's office/ (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriff's office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant (s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriff's Office to Attorney for Defendant (s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/ competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respect 1 tted, GOLDBEC Y & MCKEEVER BY: Jo ep eck, Jr. Attorn forrP iff P 972 428 782 TO: ROBERT B. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 SENDER: COLDRECK MCCAFFEM 6 MCKEEVER-101799 REFERENCE: BOLLINO,ROBERT 0. / EMC-0222 3/ 1/00 - CUMBERLAND PS FORM 3800, SEPTEMBER 1995 Muq GmIiM F« ___ __ :RETUR)N \ CIxmYM... .v /' \ ... To Fb p"F. US Postal Service :Pb?TMARWQR DATE Receipt for .- Certified Mail No Insurance Coverage Provided Do not use for International Mail P 972 4 28 783 TO: SUSAN K. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 SENDER: COLDRECKMCCAFFERTYLMCKEWER-10/799 REFERENCE: BOLUNO,ROBERT B. / EMC-0222 3/ 1/00 - CUMBERLAND Ce VeE F. RETURN F« e« qF« RECEIPT SERVICE IDW PofYq Vq F. US Postal Service PDATE Receipt for EMC Mortgage Corporation In the Court of Common Pleas of -vs- Cumberland County, Pennsylvania Robert C. Bolling and Susan K. Balling No. 99-4953 Civil Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says on October 21, 1999 at 5:36 o'clock P.M. EST, he served true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit Robert Bolling, by making known unto Robert Bolling at 10-12 North 21" Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Timothy R. Reitz, Deputy Sheriff who being duly sworn according to law, says on October 21, 1999 at 5:36 o'clock P.M.EST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the wihtin named defendants to wit: Susan K. Bolling, by making known unto Susan Bolling at 10-12 North 2151 Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Shannon M. Sunday Deputy Sheriff, who being duly swom according to law, says on January 7, 2000 at 10:57 o'clock A.M. EDST, she posted a copy of Real Estate Writ Notice Poster and Description on the property of Robert Bolling and Susan Bolling located at 10-12 North 2151 Street, Camp Hill Cumberland County, Pennsylvania according to law. 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: Robert Bolling by regular mail to his last known address 10-12 North 21" Street, Camp Hill, Pennsylvania. This letter was mailed under the date of January S, 2000 and never returned to the Sheriffs 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: Susan Bolling by regular mail to her last known address 10-12 North 21" Street, Camp Hill, Pennsylvania. This letter was mailed under the date of January S, 2000 and never returned to the Sheriffs Office. So ans R. Thomas Kline, Sheriff Real Estate Deputy GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K. BOLLING (Mortgagor(s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 EMC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 10-12 N. 21st Street, Camp Hill, PA 17011 1. Name and address of Owner (s) or Reputed Owner(s): ROBERT B. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 SUSAN K. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 2. Name and address of Defendant (s) in the judgment: ROBERT B. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 SUSAN K. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 7, 1999 GOLDBE C Y & McKEEVER BY: Joseph A G 1 , Jr., Esq. Attorn for P1 tiff LL U GOLDBECK MGCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K. BOLLING: (Mortgagor (s) and Record Owner(s)) (Record Owner(s)) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1 CLIP 10-12 N. 21st Street No. 99-4953 Camp Hill, PA 17011 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa R C P 3129 2(c)(2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was m de by: O Personal Service by the Sheriff's Office/---- - ---(copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriff's Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant (s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt (s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the penalties provided by 18 P.S. Sectio: tements herei are subject 04. ul t sCK I F n) Y & AcK EV osep Goldbeck, Jr, v iey for Plaintiff i 1 c P 969 030 730 TO: SUSAN K. BOLLING 12 N. 21St Street, Camp Hill, PA 17011 i SENDER' GOLDBECK MCCAFFERW & MCKEEVER- September 8, 2000 REFERENCE: BOLLINC,ROBERT B. /EMC-0222 12/ 6/00 - CUMBERLAND FRN c«un.a r« D RH R.W F. I?.u?R a1MM DNMry TdY Ay?ps Intl Rn US Postal Service POSTMAFW OR DATE Receipt for -?. Certified Mail \ No Insurance Coverage Provided \ \= Do not use for International Mail i 1 L i f 1' I . 1.' l' 1 P 969 030 729 TO: ROBERT B. BOLLING 12 N. 21St Street, Camp Hill, PA 17011 + SENDER: i GolDBECK MCCAFFERTT 6 MCKEEJEK • September a, 2000 ' REFERENCE: BOLLINO,ROBERT B. / EMC-0222 12/ 6/00 - CUMBERLAND GmMC Fw FRN D eFym Pop Fa ewupsa oNn«r T"POWe utl FNr .? H_• 'F US Postal Service PO_ RK OR DAT€; % Receipt for Certified Mail No Insurance Coverage Provided It Do not use for International Mail t l • . M O b N O. .- •• M a - • • N W • t a i s IIIV O yyN __ _ O O I I' O 21 1 O o0 N ti kk ' O. LA `? 5 a ? E li W ll!'?1 V ?OLJLID a^ %0 M1 . '13~ i 13 H Q A _ G d A - C a E p C z C C GA• d O A ---r-'--I--- - -_. -E. _.1 1 1... --I -- f -1--I I - - I - 1 1. 0 y O < •r r.-.? W $ma O . 7.r =? ^{ ® a E Z S2S (..0 ? E u TI i a m O e ?rvU ?? N ? C b u ? in w I ^ al u, n? ? Eb w n .? _ _?° u? inc - z= ?g?^5 - ^gc :$FNo 'b S E3ab `o -. 33?'o r .. ncO2q m I- n W cb / lb V m m m r _ ^ o? E u rn rt EMC Mortgage Corporation In the Court of Common Pleas of -vs- Cumberland County, Pennsylvania Robert B. Bolling and Susan K. Bolling No. 1999-4953 Civil Shawn Harrison, Deputy Sheriff who being duly sworn according to law, says on October 19, 2000 at 9:05 o'clock A.M.EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Robert B. Bolling by making known unto Blair Bolling father at 3107 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Shawn Harrison Deputy Sheriff, who being duly sworn according to law, says on October 25, 2000 at 7:10 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Susan K. Bolling, by making known unto Susan Bolling at 50 South 22nd Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. William Diehl Deputy Sheriff, who being duly sworn according to law, says on October 9, 2000 at 2:31 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Robert Bolling and Susan Bolling located at 10-12 North 2151 Street, Camp Hill, Cumberland County, Pennsylvania according to law. 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: Robert B. Bolling by regular mail to his last known address 3107 Lincoln Street, Camp Hill, Pennsylvania. This letter was mailed under the date of October 26, 2000 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: Susan K. Bolling by regular mail to her last known address 50 South 22"d Street # 1, Camp Hill, Pennsylvania. This letter was mailed under the date of October 26, 2000 and never returned to the Sheriffs Office. So O;r R. Thomas Kline, Sheriff By Real Estate Deputy GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K. BOLLING (Mortgagor (s) and Record Owner (a)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant (s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 SUPPLEMENTAL AFFIDAVIT PURSUANT TO PULE 3129 EMC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 10-12 N. 21st Street, Camp Hill, PA 17011 1. Name and address of owner (s) or Reputed Owner(s): ROBERT B. BOLLING 12 N. 21st Street Camp Hill, PA 17011 SUSAN K. BOLLING 12 N. 21st Street Camp Hill, PA 17011 2. Name and address of Defendant (s) in the judgment: ROBERT B. BOLLING 12 N. 21st Street Camp Hill, PA 17011 SUSAN K. BOLLING 12 N. 21st Street Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: CAMP HILL BOROUGH 2145 Walnut Street Camp Hill, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 2, 2000 GOLD *Goadbeeck, TY & McKEEVER BY: Jose A. Jr., Esq. Attorney for Plaintiff ? N - a x o 0 0. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND SS. Robert P Ziegler I?-------------------------------------------------- ------------------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ---------------- Federal Natl Ntg Assoc ___ ---------------------- °-----------------------------------------------------__isthe grantee the same having been sold to said grantee on the -------- DSA ----------------------------------- day of Dec 2000 ---------------------------------------- A. D., ? _--_-, under and by virtue of a writ-------------- Execution 11th ------------------------------------------------issued on the ------------------------------------- Sept 2000 day of __________________________ A. D., _____, out of the Court of Comman Pleas of said County as of Civil 1999 ------------------------------°------------------------------- ------ Term,. Number __4953___-__ at the suit of_____________EMC_Mtg_Corp________------------------ • '--- Robert B Bolling & Susan K against--------------------- is 237 1146 duly recorded in Sheriffs Deed Book No -------------- Page ____________. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this -_l9______ day of --- r i------------------- A. D.,49___2 r ;;__? -- ----- Rectuecor--der-of Dee f Deeds EMC Mortgage Corporation In the Court of Common Pleas of -vs- Cumberland County, Pennsylvania Robert B. Bolling and Susan K. Bolling No. 1999-4953 Civil Shawn Harrison, Deputy Sheriff who being duly sworn according to law, says on October 19, 2000 at 9:05 o'clock A.M.EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Robert B. Bolling by making known unto Blair Bolling father at 3107 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Shawn Harrison Deputy Sheriff, who being duly sworn according to law, says on October 25, 2000 at 7:10 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Susan K. Bolling, by making known unto Susan Bolling at 50 South 22"d Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. William Diehl Deputy Sheriff, who being duly sworn according to law, says on October 9, 2000 at 2:31 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Robert Bolling and Susan Bolling located at 10-12 North 21" Street, Camp Hill, Cumberland County, Pennsylvania according to law. 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: Robert B. Bolling by regular mail to his last known address 3107 Lincoln Street, Camp Hill, Pennsylvania. This letter was mailed under the date of October 26, 2000 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: Susan K. Bolling by regular mail to her last known address 50 South 22"d Street # 1, Camp Hill, Pennsylvania. This letter was mailed under the date of October 26, 2000 and never returned to the Sheriffs 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 above described premises at public venue or out cry at Court House, Carlisle, Cumberland County, Pennsylvania on December 6, 2000 and sold the same for the sum of $ 45,000.00 to attorney Jill Winkea for Federal National Mortgage Association. It being the highest bid and best price quoted for the same Federal National Mortgage Association of 1900 Market Street, Philadelphia, PA being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 1, 768.87 it being costs. Sheriffs Costs Docketing 30.00 Poundage 900.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 County 1.00 Mileage 27.90 Certified Mail 1.07 r i^ r Writ No. 1999-4953 Civil EMC Mortgage Corporation SCHEDULE OF DISTRIBUTION Sale # 57 Date Filed January 5, 2001 -vs- Robert B. Bolling and Susan K.Bolling 10-12 North 21 s' Street Camp Hill, PA Sale Date December 6, 2000 Buyer Federal National Mortgage Association Bid Price $ 45,000.00 Real Debt Interest 4/01/99-10/15/99 $68,016.21 2,224.82 Atty Writ Costs DISTRIBUTION Amount Collected Sheriffs Costs Legal Search Refund to atty overpayment of costs 763.93 $71,004.96 2,868.87 1,568.87 200.00 1.100.00 $ 0,000.00 So a wor=-? It. Thomas Kline, Sheriff Bytfa&6c4??_ Real Estate Deputy r1 ? e TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 57 Held Wednesday, December 6, 2000 Date: December 6, 2000 TAXES: Receipts for all taxes for the years 1997 to 1999 inclusive. Taxes for the current year 2000. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfl led Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2000, and recorded , 2000, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Edith M. Zinner, et al., by deed dated August 30, 1993 and recorded September 15, 1993 in the Office of the Recorder of Deeds for Cumberland County, in Deed Book "N", Volume 36, Page 480, granted and conveyed to Robert B. Bolling and Susan K. Bolling, his wife. OTHER EXCEPTIONS: The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of Market Street, 21" Street (formerly Church Street), and a 16 foot wide unnamed alley. 6. Mortgage in the amount of $64,000.00 given by Robert B. Bolling and Susan K. Bolling to Dauphin Deposit Bank and Trust Company, dated September 9, 1993 and recorded September 15, 1993 in Mortgage Book 1163, Page 1082. Assigned to EMC Mortgage Corporation by Assignment dated March 31, 1999 and recorded April 13, 1999 in Miscellaneous Record Book 609, Page779. r Complaint in Mortgage Foreclosure filed on August 16, 1999 by EMC Mortage Corporation as Plaintiff against Robert B. Bolling and Susan K. Bolling as Defendants in the Office of the Prothonotary of Cumberland County to file no. 99-4953. Default judgment entered October 13, 1999. Municipal lien filed on February 11, 2000 by the Borough of Camp Hill as Plaintiff against Robert B. Bolling and Susan K. Bolling as Defendants in the Office of the Prothonotary of Cumberland County to file no. 00-834 in the amount of $459.00. 8. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill "412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be until countersigned by an authorized REAL ESTATE SALE NO. 57 Writ No. 1999-4953 EMC Mortgage Corporation Vs. Robert B. Bolling and Susan K. Bolling Atty.: Joseph A. Goldbeck, Jr. ALL THAT CERTAIN lot of ground situate in the Borough of Camp Hill. County of Cumberland and Com- monwealth of Pennsylvania. bound- ed and described as follows, to-wit: BEGINNING at a point 92.3 feet North of the northwest comer of Market Street and Church Street: thence extending in an easterly di- rection by a line parallel with Mar- ket Street in a westerly direction, 79.7 feet to a property now or late of William H. Sadler: thence by a line at right angles to the last men- Uoned line in a northerly direction. 145.5 feet to a 16 foot wide alley: thence along the said alley in an easterly direction. 22.8 feet to Church Street thence along Church Street in a southerly direction, 158.2 feet to a point. the place of BEGINNING. HAVING thereon erected a two story frame dwelling house known as 10-12 North 21st Street. Camp Hill. Pennsylvania. UNDER AND SUBJECT, never- theless. to restrictions, easements, rights-of-way, dedications and con- ditions of prior title. IMPROVEMENTS consist of resi- dential dwelling. BEING PREMISES: 10-12 North 21st Street, Camp Hill. PA 17011. SOLD as the property of ROB- ERT B. and SUSAN K. BOLLING. TAX PARCEL # 01-21.0271-380. GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor(s) and Record owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 AFFIDAVIT PURSUANT TO RULE 3129 EMC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 10-12 N. 21st Street, Camp Hill, PA 17011 1. Name and address of Owner(s) or Reputed Owner(s) : ROBERT B. BOLLING 12 N. 21st Street Camp Hill, PA 17011 SUSAN K. BOLLING 12 N. 21st Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: ROBERT B. BOLLING 12 N. 21st Street Camp Hill, PA 17011 SUSAN K. BOLLING 12 N. 21st Street Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C S. Section 4904 relating to unsworn falsification to authorit: iesl DATED: September 8, 2000 /liL4uu UK MCCAFFERTY & MC BY:`Jdsep A. Goldbeck, Jr., attorney for Plaintiff GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor (s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPT: TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SUSAN K. BOLLING 12 N. 21st Street Camp Hill, PA 17011 Your house at 10-12 N. 21st Street, Camp Hill, PA 17011 is scheduled to be sold at Sheriff's Sale on December 6, 2000, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $68,016.21 obtained by EMC MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to EMC MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may afsd 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 below on how to obtain an attorney). 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 price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 the Sheriff of Cumberland County at (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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle. PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 ALL THAT CERTAIN lot of ground situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point 92.3 feet North of the northwest corner of Market Street and Church Street; thence extending in an easterly direction by a line parallel with Market Street in a westerly direction, 79.7 feet to a property now or late of William H. Sadler; thence by a line at right angles to the last mentioned line in a northerly direction , 145.5 feet to a 16 foot wide alley; thence along the said alley in an easterly direction , 22.8 feet to Church Street; thence along Church Street in a southerly direction, 158.2 feet to a point, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house known as 10-12 North 21st Street, Camp Hill, Pennsylvania. UNDER AND SUBJECT, nevertheless, to restrictions, easements, rights-of-way, dedications and conditions of prior title. TAX PARCEL # 01-21-0271-380. GOLDBECK McCAFFERTY & MCKEEVEV f BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. : IN THE COURT OF COMMON PLEAS Suite 600 Irving, TX 75039 OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW VS. :ACTION G7 MORTGAGE FORECLOSURE ROBERT B. BOLLING AND SUSAN K. ;BOLLING (Mortgagor(s) and Term Record owner (s)) No. 99-4953 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERT B. BOLLING 12 N. 21st Street Camp Hill, PA 17011 Your house at 10-12 N. 21st Street, Camp Hill, PA 17011 is scheduled to be sold at Sheriff's Sale on December 6, 2000, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $68,016.21 obtained by EMC MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to EMC MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below on how to obtain an attorney). 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 price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 the Sheriff of Cumberland County at (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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Ccunty Bar Associar.ion 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Seer ces Inc. 8 Iri:ne Row, Carlisle, PA :?Oll (7171 243-9400 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4953 CIVIL 19 COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION from ROBERT B AND SUSAN K BOLLING, 10-12 NORTH 21st ST, CAMP HILL PA V 17011. DEFENDANT(S) (1) You are directed to levy upon the properly of the defendant(s) and to sell REAL ESTATE LOCATED AT 10-12 NORTH 21st ST, CAMP HILL PA 17011. (SEE ATTACHED LEGAL DESCRIPTION.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If properlyof the defendant(S) not levied upon an subject to attachment isfound in the possession of anyoneother than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 68, 016.21 L.L. Interest 4/1/99 - 10/15/99 Due Prothy $1.00 Ally's Comm _% Other Costs Ally Paid $763.93 Plaintiff Paid Date: September 11, 2000 CURTIS R. LONG REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. e e Address: 111 S T dependenr M-11 East Attorney for: D 1 an t i f f Telephone: (215) 627-1322 Supreme Court ID No. 16132 Protho, Civil Division by: fA ti Q_ Depu ty Yl READ. ESTATE SALE No. 5-7 the sneritf levied upon the defendants interest in the real property situated ina ° Cumberland County, Pa.. knc?,,, ,-,n numbered as: Al- 41 141a and more oed on Exhibit "A" filed with 0 this writ and by this reference incorporated herein. ? D gatej0?ir gy. - (ga Wa +_& M PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. 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: OCTOBER 27, NOVEMBER 3, 10, 2000 Afffant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 57 Writ No. 1999-4953 EMC Mortgage corporation Roger YA. Morgenthal, Editor VS. Robert B. Bolling and Susan K. Bolling Atty.: Joseph A. Goldbeck. Jr. ALL THAT CERTAIN lot of ground situate In the Borough of Camp Hill. County of Cumberland and Com- monwealth of Pennsylvania, bound- ed and described as follows, to-wit BEGINNING at a point 92.3 feet North of the northwest corner of Market Street and Church Street: thence extending In an easterly di- rection by a line parallel with Mar. ket Street In a westerly direction, 79.7 feet to a property now or late of William H. Sadler: thence by a line at right angles to the last men- tioned line In a northerly direction. 145.5 feet to a 16 foot wide alley; thence along the said alley In an easterly direction, 22.8 feet to Church Street: thence along Church Street In a southerly direction. 158.2 feet to a point, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house known as 10-12 North 21st Street, Camp Hill, Pennsylvania. UNDER AND SUBJECT, never- theless, to restrictions, easements, rights-of-way. dedications and con- ditions of prior true. IMPROVEMENTS consist of real- dentist dwelling. BEING PREMISES: 10-12 North 21st Sheet. Camp fill], PA 17011. SOLD as the property of ROB- ERT B. and SUSAN K. ROLLING. TAX PARCEL M 01.21-0271.380. SWORN TO AND SUBSCRIBED before me this 10 day of NOVEMBER. 2000 HOTA?IAL SEAL LOPS E. SNYDER, Notory Public Co+tidu hom, Cumb*rk ed County, PA My Commiwon Erpinn Morch 5, 2oot THE PX`TRYOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 612 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 181h, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 31st day of October and the 7th and 14th day(s) of November 2000. That neither he nor said Company is Interested in the subject matter of said printed notice or advertising, and that ,of the allegations of this statement as to the time, place and character of publication are true; and i 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 Mis Ilaneous Book "M", Volume 14, Page 317. PUBLICATION ..................................... ..c..................................................... COPY Sworn to and subscribed fore m 1st day of 'cam r 2000 A.D. SALE #57 I Notedel seal Terry L. Russell, Notary Publk Harrisburg, DaupNn County NO ARY PUBLIC My Commission Expires June 6, 2002 Member, Penntylvama AssOCialwn of Notaries commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs to in the To THE PATRIOT-NEWS CO., Dr. 6ffland For publishing the notice or publication attached winded - hereto on the above stated dates $ 179.25 I?? Probating same Notary Fee(s) $ 1.50 awleb Total $ 180.75 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have erected a two story frame roan as 10-12 North 71st By .................................................................... bnen.l,,,.?. 12 North 21st Stmel, of ROBERT B. and Real Estate No 57 $1000.00 Advance Costs Paid 09/20/00 Atty: Joseph Goldbeck Assessed Valuation $ 4000 Writ No. 1999-4953 Civil EMC Mortgage Corporation -vs- Robert B. Bolling and Susan K. Bolling 10-12 North 21" Street Camp Hill, PA Real Debt $ 68,016.21 Interestfr 4/1/99-10/15/99 2,224.82 Atty's Fees Atty Writ Costs 763.93 Escrow Late Charges Sheriffs Costs Docketing 30.00 Poundage 900.00 Posting Bills 15.00 Advertising 15.00 Auctioneer 10.00 Acknowledging Deed 30.00 Law Library County 1.00 Mileage 27.90 Certified Mail 1.07 Levy 15.00 Surcharge 30.00 Postpone sale Out of County Legal Search ADVERTISING Law Journal 237.50 Patriot News 180.75 Share of Bills 23.15 Distribution of Proceeds 25.00 Sheriffs Deed 27.50 TAXES GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K. BOLLING (Mortgagor(s) and Real Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant (s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL ACTION: MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOT I C E You have been sued in court. If you wish to a end against the claims set forth in the following pages, you must take action within twenty (20) days after the 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. Court Administrator Cumberland County Courthouse, Carlisle, PA (717) 240-6200 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V I S O LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOCADO, REGISTER CON LA CORTE EN FORMA ESCRITA, EL PUNTO OE VISTA D£ USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QU£ USTED CUMPLA CON TOMS LAS PROVISIONES DE ESTA DEMANDA. FOR RAZON DE ESA DECISION, ES POSSIBLE OUR USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAJ1E AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABDGADOS), 215-238-6300. Court Administrator Cumberland County Courthouse, Carlisle, PA (717) 240-6200 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is EMC MORTGAGE CORPORATION, 222 W. Las Colinas Blvd., Suite 600, Irving, TX 75039. 2. The name(s) and address(es) of the Defendant(s) is/are ROBERT B. BOLLING, 10-12 N. 21st Street, Camp Hill, PA 17011 and SUSAN K. BOLLING, 10-12 N. 21st Street, Camp Hill, PA 17011, who is/are the mortgagor (s) and real owner (s) of the mortgaged property hereinafter described. 3. On September 9, 1993, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to DAUPHIN DEPOSIT BANK AND TRUST CO., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1163, Page 1082. By Assignment of Mortgage dated March 31, 1999, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 609, Page 779. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 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 May 1, 1999, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 4/ 1/99 through 8/31/99 at 8.250% Per diem interest rate at $13.70 Attorney's Fee at 5% of Principal Balance Late Charges 5/ 1/99- 8/31/99 Monthly late charge amount at $24.04 Costs of suit and Title Search Escrow Balance Deficit Monthly Escrow amount $170.74 $ 60,605.18 2,083.30 3,030.26 260.36 560.00 $ 66,539.10 171.05 $ 66,710.15 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 based on work actually performed. 8. A Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 has been sent to the Defendant(s) by regular mail in accordance with Act 91 of 1983 of the Commonwealth of Pennsylvania on the date set forth in the true and correct copy of such notice attached hereto as Exhibit "A". The date of the postmark on the Notice was the same as the date of the Notice. The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $66,710.15, together with interest at the rate of $13.70, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GOLDBECK c & McKEEVER BY: Jos h G ck, Jr., Esq. Attorne or Plai ff AUG 03 199 07:44RM GOLDBECK MCCRFFERTY (215)6277734 P.5/7 =UIC&TION I, as the representative of the Plaintiff corporation, EMC MORTGAGE CORPORATION, do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: AVSU lw e- Wanda Collier, Assistant Vice President #1580331 - BOLLING,SUSAN K. AUG 3 '99 6:34 215 627 7734 PRGE.005 EXHIBIT"A" ALL THAT CZRT132N lot of ground situate in the aoreugh et on, Hill, county at cveberland and coawonvesltt. of Denncylvania, houndcd and described as tallowo, to Witt SEC2NNING at • pint 92.1 test North of the northwest' Corner Of Market Street and Church Strut; thence exsanding r!" t easterly d ULe diracrecLiotionn by a llne parallel with MerkeC street in • Wrly , 79.7 fact to the property now or late of W illiam H. Sadler; thence by a line al: right angles to the last IS mentioned line in a thencenortherly the naidialley4 In s an easterly direction, 22.0 feet to Church Street; thence along Church Street in a southerly diredtlon, lee.:; rest to a point, the place of stOrnWINd. HAVZNG thereon eracted a two story trume dwelling house known as 10-12 North 21st Street, Camp Hill, Pennsylvania. UNDER AND SUBJECT, nevertheless, to restrictions, caseunte, r4 way, dedications and condit:.ona of prior title. jj AUG-06-1999 09:20 IMIC ,MORTGAGE CORPORATION June 23, 1999 ROBERT B BOLLING SUSAN K ROLLING 10-12 N 21ST ST CAMP H111 PA 17011 AMC REALESTATE Z 900 353 301 972 402 7309 P.02i08 EXHIBIT A ,« RE: EMC Loan Numbcr 1S80331 Property Address: 10 -12 N 21ST ST CAMP IML, PA 17011 Dear Mortgagor(s): Pursuant to the terms of the referenced Note and Security Instrument, you are hereby served notice of the following: (a) Your eontraetua forbearaneo payments an presently in default due to the non-payment of the 05/01/1999 and subsequent installments. (b) Your total delinquency for the 05/01/1999 through 06/99 installments is $ 1,556.44 , including any late charges, NSF face, escrow advance, HUD interest urrarages purmant to the HUD Assignment Program (if applicable) or any other fats allowed by the Socarty Inatrumont. If any other installments or other expenses become den at the time you attempt to core this default, they will be added to this figure. (c) To on this default, you must pay, in the form of certified cheek or cashier's cheek, the fall amount as stated in the itam above to EMC Mortgage Corporation, at the address shown below. This default will be reported to a Ctedrt Repository. (d) if this emohmt is not in our possession on or before 07/23/99 , we intend to accelemN the loan balance and proceed with foreclosure. If you are unable to pay at this than, you should conaider selling your property and paying off the entire mortgage loan debt. That may be other altemstives to foreclosure that EMC may consider, such as a Deed in Lion of Foreclosure (Vohmtary Conveyance of the property). If you wish to discuss these and other ahematives to foreclosure, please contact out office at 800/436-7397. (e) You ate farther advised that you have the right to it indate after aeoeleraCoa and the not to bring a court action to assert the non-existence of the daiault at any other defense which you may have to the acceleration and eels. (f) You may also call the US Department of Housing and Urban Development at 800/569-4287 for a hating of counseling agencies available, which pmt+des helpful information, as well as answering many commonly aaked gaestiona. Sincerely. Default/Colloctions Department EMC Mortgage Corporation NOTICE: EMC Mortgage Corporation a writing regarding the collection of your loan; any information obtained may be used for thai;mrpon. HT447 909 Hidden Ridge Drive, Suite 2C0, Irving, Taus 75038 Mailing Address: P.O. Box 141358, (wing, Tennis 75014-1358 RUG-06-1999 09:20 MORTGAGE CORPORATION AMC REALESTATE 972 402 7309 P.03i08 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS (Esta information puede set obtendia en Espanol) TO: Robert B Bolling 10 -12 N 21st St Camp Hill PA 17011 RE: Date June 29, 1999 Property Address 10 -12 N 21st St Camp Hill PA 17011 Loan Number 158033-1 Mortgagee EMC Mortgage Corporation P.O. BOX 141358 Irving, TX 75014 From: Collections Department Your mortgage is in serious default because you have failed to pay installments of principal and interest promptly, as required for a period of at least sixty (60) days. The total amount of the delinquency is $ 1,461.44. That amount is itemized below: Monthly Payments Due (05-01-99 to 06-01-99): $ 1,303.12 Accrued Late charges: S 236.32 NSF Fe3s: $ 10.00 Property Inspections: $ 95.00- Other Fees: (Incl. Interest Arrearage Bal.) $ 7.00 8ubtota : 1e461.44 Less Suspense (unapplied funds) S 00 Total Amount of Delinquency: 8 1,461.44 Marian McGinty /Default Specialist Mac Arthur Ridge 11, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014-1358 RUG-06-1999 09 21 AMC REALESTATE 972 402 7309 P.04i08 Page 2/158033-1 The name (a) and address (es) of (a) designated consumer credit counseling agency(ies) are included on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise EMC Mortgage corporation immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $ 1,461.44. That sum includes the following: Monthly payments from May 01, 1999 to June 01, 1999 in the amount of 1,303.12, and late charges totaling $ 236.32, and other charges including Property Inspections, NSF Fees, Etc., in the amount of $ 95.00-, minus any suspense funds or credits. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign, and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attached list. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face-to- face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Agency is located at 2101 North Front Street, P.O. Box 8029, Harrisburg, 7A 17105, Telephone Number (717)780-3800 or (800)342-2397 (tol.. free). Persons with impaired hearing can call (717)781-1.869. In addition, you may receive another notice from this office under-Act. 6 of 1974. That-motice is called a "Notice of ..- ... . o 'For evlmsa" c they both explain rights that you now have under Pennsylvania law. If you choose to exercise your rights described in this Marian McGinty /Default Specialist AUG-06-1999 09:21 AMC REALESTRTE 972 402 7309 P.05i08 Page 3 notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. Very truly yours, collections Department EMC Mortgage Corporation Enclosure Note: EMC is writing to you regarding the collection of your loan; any information obtained will be used for that purpose. Marian McGinty /Default Specialist 'RUG-06-1999 09:21 AMC RERLESTRTE ` 972 402 7309 P.06i08 MORTGAGE CORPORATION IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 3,983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS (Esta information puede set obtendia en Espanol) TO: Susan K Bolling 10 -12 N 21st St Camp Hill PA 17011 RE: Date June 29, 1999 Property Address 10 -12 N 21st SL Camp Hill PA 17011 Loan Number 158033-1 Mortgagee EMC Mortgage Corporation P.O. BOX 141358 Irving, TX 75014 FROM: Collection Department Your mortgage is in serious default because you have failed to pay installments of principal and interest promptly, as required for a period of at least sixty (60) days. The total amount of the delinquency is $ 10461.44. That amount is itemized below: Monthly Payments Due (05-01-99 to 06-01-99): $ 1,303.12 Accrued Late Charges: $ 236.32 NSF Fees: $ 10.00 Recoverable Corporate Advance $ 95.00- Other Fees: (Incl. Interest Arrearage Bal.) $ 7.00 8 o a 1,461.44 Less Suspense (unapplied funds) $ .00 Total Amount of Delinquency: $ 1,461.44 Marian McGinty /Default specialist Mac Arthur Ridge II, 809 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P.O. Box 141368, Irving, Texas 76014-1358 AUG-06-1999 09:21 AMC REALESTRTE 972 402 7309 P. 07/08 Page 2/158033-1 The name (s) and address (es) of (a) designated consumer credit counseling agency(ies) are included on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise EMC Mortgage Corporation immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $ 1,461.44. That sum includes the following- Monthly payments from May 01, 1999 to June 01, 1999 in the amount of 1,303.12, and late charges totaling $ 236.32, and other charges including Property Inspections, NSF Fees, Etc., in the amount of $ 95.00-, minus any suspense funds or credits. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign, and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attached list. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face-to- face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Agency is located at 2101 North Front Street, P.O. Sox 8029, Harrisburg, PA 17105, Telephone Number (717)780-3800 or (800)342-2397 (toll free). Persons with impaired hearing can call (717)780-1869. In addition, you may receive another notice from this office und= -ACt 6 of. 19 74. That_notice is called a "Notice of TntwIltiolz O Feiee1 OSe -rv??=,uotZ Eav-acrczz-icvc?-ees,. s3Ree they both explain rights that you now have under Pennsylvania law. If you choose to exercise your rights described in this Marian McGinty /Default Specialist RUG-06-1999 09:22 AMC REALESTATE 972 402 7309 P. 08/08 Page 3 notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. very truly yours, Collections Department EMC Mortgage Corporation Enclosure Note: EMC is writing to you regarding the collection of your loan; any information obtained will be used for that purpose. Marian McGinty 5 /Default Specialist TOTAL P.08 Wry} CV : LLP-- J, ? ?v (?26 a -- V n ?.D JZ Q G1 (J \ ? w SHERIFF'S RETURN - REGULAR CASE NO: 1999-04953 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORP VS. BOLLING ROBERT B ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOLLING ROBERT B the defendant, at 15:48 HOURS, on the 25th day of August 1999 at 10-12 NORTH 21ST STREET CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to ROBERT BOLLING a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 9.30 Affidavit .00? ct Surcharge 8.00 R: I omcw KEIri., Sheriff -OO DBI1C, MCCAFFERTY, MCKEEVEEjR , 8/26/999 by epu eriff Sworn and subscribed to before me this 1(, `L day of 19 ?J A. D. V? Q /In.. dazz- rocnonoca <y 4CASE NO: 1999-04953 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORP VS. BOLLING ROBERT B ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOLLING SUSAN K the defendant, at 15:48 HOURS, on the 25th day of August 1999 at 10-12 N 21ST STREET CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to ROBERT BOLLING (HUSBAND) a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 So answers: Service .00 Affidavit .00 2 Surcharge 8.00 1 ?Thoma n? S eri u GOLDS CK MCCAFFERTY, MCKEEVER by ? L pu y Snerif- Sworn and subscribed to before me this J4 °= day of 1.9 49 A.D. ,U _ /? 771 c22wr ?T -P?'se ,oy PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.U.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K. BOLLING (Mortgagor (a) and Record Owmer(a)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant (a) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 PRAECIPE FOR WRIT OF EXECUTION OF PENNSYLVANIA: COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: PREMISES: 10-12 N. 21st Street, Camp Hill, PA 17011 See Exhibit "A" attached Dated: (SEAL) AMOUNT DUE $_ 68.016.21 Interest from 4/ 1/99 $ through 10/15/99 (Costs to be added) $ Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania =. i ?. 1 L.1 L. i i L V: i -1 __ U ?f ? H o x [p a a U O W z M O Nro H w U E ° N m O ru N 0 H O P, O N 0 0) N o { {? $ 14 H O ° au N? z a u Oro A14 wrn u N °i (A E m w p pt ^NN ca A. .. z c?Nz? Z 0 El N 2: W. w am~a a L) w E ao W m 0 ?U L m W N N w w j W o w y N uT vt vJ N u N N W£ ~ w N m a w ° g a N v} •I N W?Nr O WOa d pNti o roN wa a ate' v o m tl W 41 WO w E rn N R uNa U A N maa W N h N a F F -. M NH pz[? co M 44 rtJ U U 1 Oh UUq RUG-23-20W 08 20 EMC MORTGAGE 972 444 2816 P.02/02 00.00847 BOILING, ROBERT B 6 BOILING, SUSAN K bite' No. . Entry +.---- ----------------- ....------- ---- -----+ 107/21/001 7 IORDE(Z that answers are due on 08/10/00 by Re: Item f 6. 1 1 1 1 - (SOD 07/21/001 [SP] I 108/01/001, 8 ICERTIFICATE of service Re: Item $ 7. (EOD 08/01/00] [SB] I 108 9 IDEBTOR'S MOTION to dismiss CASE Re: Item Y 1. (EOD I 1 1 08/15/001 (SP] (Disposed] I 1 8/15/001 10 IORDER dismissing case per Debtors' Praecipe Rai Item N 9. i 1 I (EOD 08/15/00) [SP) I -----------------^?• ---- ------------+ (N)ext 1, pre(v)ious 11 pg(o)p, pg(D)own (T)op, (B)ottom, (q)uit TOTAL P.02 08/23/2000 RED 08:59 (T%/R% NO 54021 BJ002 I WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AND Rule 3257 EMC MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF 222 W. Las Colinas Blvd. CUMBERLAND COUNTY Suite 600 Irving, TX 75039 Term VS. No. 99-4953 ROBERT B. BOLLING AND SUSAN K. WRIT OF EXECUTION BOLLING (Mortgagor(s)) (MORTGAGE FORECLOSURE) 10-12 N. 21st Street Camp Hill, PA 17011 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: PREMISES: 10-12 N. 21st Street, Camp Hill, PA 17011 See Exhibit "A" attached Dated: (SEAL) AMOUNT DUE Interest from 4/ 1/99 through 10/15/99 (Costs to be added) $ 68.016.21 rrotnonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy x a O ? N ON W 4 ri - U a Do ?Ua o H m O N H N i ? O 5 c E+ mo a O p H z P O ry N i C7 r pp?? 0 z z y+ E x ?y £ w C%l a a ~ W tkw HU N y w o y? 0 ro wro to O f] W PO 0 r-1 H N W a LT t/T t/} (? L} 4} ,H y w m U (1) 0 ro Q'i N w a) 14 k ro aCA Ua ? O Wa U O ?•H O C wN 0 E C4E.. 0 . . N 4-4E .C T a ) E '15 0 F14 0 P4 4 k 4 rj RC N w r-i :>4 04 4j _q x 44 Q) ? w ? w ? , NCD E aow A w " a m 4 ) U) ri)) a) w F H , . 4 4-3 a A t . C/) 44 4-) 44 J o U . H rq :j a : u P huvi o 1-1 U ) 14 ALL THAT CERTAIN lot of ground situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point 92.3 feet North of the northwest corner of Market Street and Church Street; thence extending in an easterly direction by a line parallel with Market Street in a westerly direction, 79.7 feet to a property now or late of William H. Sadler; thence by a line at right angles to the last mentioned line in a northerly direction , 145.5 feet to a 16 foot wide alley; thence along the said alley in an easterly direction , 22.8 feet to Church Street; thence along Church Street in a southerly direction, 158.2 feet to a point, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house known as 10-12 North 21st Street, Camp Hill, Pennsylvania. UNDER AND SUBJECT, nevertheless, to restrictions, easements, rights-of-way, dedications and conditions of prior title. IMPROVEMENTS consist of residential dwelling. BEING PREMISES: 10-12 North 21st Street, Camp Hill, PA 17011. SOLD as the property of ROBERT B. and SUSAN K. BOLLING. TAX PARCEL # 01-21-0271-380. GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor(s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 AFFIDAVIT PURSUANT TO RULE 3129 EMC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 10-12 N. 21st Street, Camp Hill, PA 17011 1. Name and address of owner (s) or Reputed Owner(s): ROBERT B. BOLLING 12 N. 21st Street Camp Hill, PA 17011 SUSAN K. BOLLING 12 N. 21st Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: ROBERT B. BOLLING 12 N. 21st Street Y Camp Hill, PA 17011 SUSAN K. BOLLING 12 N. 21st Street Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C S. Section 4904 relating to unsworn falsification to authorities[ DATED: September 8, 2000 /litµlLL??l:lt MCUAFFERTY & Mc BY:?Jdseph A. Goldbeck, Jr., Attorney for Plaintiff ,_ . ,, -_ ;. _ , s_- ;: ?;? - . _ L: ! I ??_ - i C.J GOLDBECK McCAFFERTY & McKEEVER Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff V8. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor (s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. A sepn A. Goldbleck, Jr. torney for Plaintiff r: - r•? ? ` 1 - ? C J L. G ? U. .J .. _.J GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. IN THE COURT OF COMMON PLEAS Suite 600 Irving, TX 75039 OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW VS. :ACTION OF MORTGAGE FORECLOSURE ROBERT B. BOLLING AND SUSAN K. BOLLING (Mortgagor(s) and Term Record Owner(s)) No. 99-4953 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERT B. BOLLING 12 N. 21st Street Camp Hill, PA 17011 Your house at 10-12 N. 21st Street, Camp Hill, PA 17011 is scheduled to be sold at Sheriff's Sale on December 6, 2000, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $68,016.21 obtained by EMC MORTGAGE CORPORATION against you. To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to EMC MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was W 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 below on how to obtain an attorney), 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 price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 the Sheriff of Cumberland County at (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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal. proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (a 00) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 A GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.416132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff vs. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor(s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY SUSAN K. BOLLING 12 N. 21st Street Camp Hill, PA 17011 Your house at 10-12 N. 21st Street, Camp Hill, PA 17011 is scheduled to be sold at Sheriff's Sale on December 6, 2000, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $68,016.21 obtained by EMC MORTGAGE CORPORATION against you. To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to EMC MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was V 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 below on how to obtain an attorney). 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 price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 the Sheriff of Cumberland County at (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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 ?'` •, - ? _ :; -- G: _ V'. t.. r- -i ?? t'_i l? N0V 3 0 200 Joseph A. Goldbeck, Jr. A Professional Corporation Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor(s) and Record owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 RULE AND NOW, a rule is entered upon Defendant(s) to show cause why the relief requested in Plaintiff's Motion for Reassessment of Damages should not be granted. G Rule returnable the a days a£-1.?? Date: .41 1 " o?tM9/Z da J. is-'I p o QCs 00 DEC - I AN 9: 38 CUN,6Q4,,LA,J COUNTY PENNSYU/ANA Joseph A. Goldbeck, Jr. A Professional Corporation Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 12/ 6/00 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff vs. ROBERT B. BOLLING AND SUSAN K BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE No. 99-4953 ORDER AND NOW, this day of , 2000, upon consideration of the Petition of EMC MORTGAGE CORPORATION for Reassessment of Damages, it is, ORDERED: That reassessment of damages is granted and Plaintiff's judgment is hereby reassessed to $77,672.23, plus interest and costs. BY THE COURT: J. Joseph A. Goldbeck, Jr. A Professional Corporation Attorney Z.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE ROBERT B. BOLLING AND SUSAN K.: BOLLING No. 99-4953 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) THIS IS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES AND NOW, this Plaintiff, EMC MORTGAGE CORPORATION, petitions the Court for Reassessment of Damages for the following reasons: 1. Plaintiff's Complaint in Mortgage Foreclosure was filed on August 16, 1999. 2. On October 13, 1999, judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of $68,016.21, based upon the demand in Plaintiff's Complaint. 3. On March 1, 2000, Defendants filed a petition in bankruptcy in the United States Bankruptcy Court for the Eastern District of Pennsylvania (NO. 1-00-00847-RJW) which stayed further prosecution of Plaintiff's action in mortgage foreclosure. 4. By order of United States Bankruptcy Judge ROBERT J. WOODSIDE dated August 15, 2000, Plaintiff was granted relief from the automatic stay imposed by the Bankruptcy Code. 5. Since the filing of the Complaint, interest has been accruing as have the escrow balance deficit and late charges under the terms of the mortgage contract involved. 6. Due to the stay of proceedings, Plaintiff's judgment is now insufficient to satisfy the amounts due and owing on the mortgage and the mortgage lien on the property in question. 7. Upon disposition of this petition and the scheduling of a Sheriff's Sale on December 6, 2000, the amounts due and owing on the mortgage will be as follows: Principal balance Interest from 4/ 1199 through 12/6/00 at 8.250% Per diem interest rate at $13.70 Attorney's Fee at 5% of principal balance Escrow Balance Deficit Late Charges Costs of Suit and Title Search $ 60,541.02 7,683.53 3,027.05 5,239.67 620.96 560.00 $ 77,672.23 WHEREFORE, Plaintiff prays damages be reassessed and Plaintiff's Judgment be increased to $77,672.23, plus interest and costs. Respectfully submi ted, Gary 8. afferty, q. Joseph A. Goldbeck, Jr. A Professional Corporation Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff vs. ROBERT B. BOLLING AND SUSAN BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE K. . No. 99-4953 Gary E. McCafferty, Esq., hereby states that he is the attorney for Petitioner within named and that all of the facts set forth within the attached Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties 18 P.S. Section 490 . Gary E. M fferty, Esq Joseph A. Goldbeck, Jr. A Professional Corporation Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff vs. ROBERT B. BOLLING AND SUSAN BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE K. No. 99-4953 Plaintiff is entitled to the amounts due and owing on the mortgage contract at the time of the Sheriff's Sale of property involved. For reasons stated in the within motion, Plaintiff's judgment in mortgage foreclosure is insufficient to compensate Plaintiff for the amount due and owing under the mortgage. Specifically, interest charges, the escrow balance deficit and late charges have all been accruing while Plaintiff's action in mortgage foreclosure was stayed by Defendant(s) bankruptcy Petition. CONCLUSION For the reasons stated above and in the within petition, Plaintiff respectfully requests that the damages be reassessed and Plaintiff's judgment be increased to $77,672.23, plus interest and costs. Respectfully submitted, ?7 Gary E. Mc arty, Es Joseph A. Goldbeck, Jr. A Professional Corporation Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff Va. Attorney for Plaintiff N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE ROBERT B. BOLLING AND SUSAN K.: BOLLING No. 99-4953 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) CERTIFICATION OF SERVICE Gary E. McCafferty, Esquire, attorney for Plaintiff hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages was mailed by first class mail, postage prepaid to Defendant(s) ROBERT B. BOLLING AND SUSAN K. BOLLING at 10-12 N. 21st Street, Camp Hill, PA 17011 on Novembers ,2000. Gary E. M ferty, Es ire EMC Mortgage Corporation -vs- Robert C.Bolling and Susan K. In the Court of Common Pleas of Cumberland County, Pennsylvania No.99-4953 Civil R. Thomas Kline, Sheriff, who being duly swom according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Law Library County Mileage Certified Mail Levy Postpone Sale Surcharge Share of Bills Law Journal Patriot News 03-02-00 So answers: Sworn and subscribed to before me This L day of 7Yl r? , ?? 30.00 11.20 15.00 15.00 .50 1.00 18.60 1.95 15.00 20.00 32.00 25.08 228.20 216.60 $ 630.13 Pd By Arty 1999, A.D. ?1 u > P otl onotary R. Thomas Kline, Sheriff BY ' Real Estate Deputy ca,, 21 ?`i `I IZm? Vd9G(. r GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor(s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant (s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 AFFIDAVIT PURSUANT TO RULE 3129 EMC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 10-12 N. 21st Street, Camp Hill, PA 17011 1 Name and address of Owner(s) or Reputed Owner(s): ROBERT B. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 SUSAN K. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 2 Name and address of Defendant (s) in the judgment: ROBERT B. BOLLING 10-12 N. 21st Street d Camp Hill, PA 17011 SUSAN K. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 7, 1999 GOLDBE gG FY &MCKEEVER BY: Joseph 1 Jr., EsqAttorn r P1 tiff I GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor(s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERT B. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 Your house at 10-12 N. 21st Street, Camp Hill, PA 17011 is scheduled to be sold at Sheriff's Sale on March 1, 2000, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $68,016.21 obtained by EMC MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled CORPORATION, the back payments, reasonable attorney's fees due. call: 215-627-1322 if you pay to EMC MORTGAGE late charges, costs and To find out how much you must pay 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was I 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 below on how to obtain an attorney). 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 price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 the Sheriff of Cumberland County at (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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Par A9soc iauon 3 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Raw, Carlisle. PA 17013 (717) 211 9400 I GOLDBECK MCCAFFERTY & MCKEEVER By. Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 2 15 -627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. : Suite 600 IN THE COURT OF COMMON PLEAS Irving, TX 75039 Plaintiff vs. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor(s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant (s) OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY SUSAN K. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 Your house at 10-12 N. 21st Street, Camp Hill, PA 17011 is scheduled to be sold at Sheriff's Sale on March 1, 2000, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $68,016.21 obtained by EMC MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to EMC MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below on how to obtain an attorney). 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 price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 the Sheriff of Cumberland County at (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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumbeilend County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal services Inc. 8 Irvine Pow. Carlisle, PA 17013 (717) 243 9400 ALL THAT CERTAIN loc Of ground situate in the borough of camp will, county of Clmberlond and commonwealtt, of pennaylvania, bounded and doacribad as follows, to wits a BEGINNING at a point 92,7 feet North of the northwest corner of Market Street and Church Street; thanes extending in an easterly direction by a line parallel with Market Street in_a WilliamyH. direction, 79.7 Sadler; thence lbytatline eat ppright yangnow les r to late 16Rfootnwideaalleye direction, s an fact easterly direction, 22,8 feet to Church Street; thence along Church Street in a southerly direction, lse,;; rest to a point, the place of mEGINNING. HAVING thereon eracted a two story frame dwelling house known as 10-12 North 21st Street, Camp Hill, Pennsylvania. UNDER AND SUBJECT, nevertheless, to restrictions, easements, rights-of-way, dedications and oondit;.ons of prior title. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4953 CIVIL 19 _ COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC Mortgage Corporation PLAINTIFF(S) from Robert B. and Susan K. Bolling, mortgagors and real owners, 10-12 North 21st St., Camp Hill PA 17011 (1) You are directed to levy upon the property of the defendant(s) and to sell REal estate located at 10-12 North 21st St., Cam Hill PA 17011. (See attached legal description.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession ofanyoneother than a named garnishee, you are directed to notify hinvher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $68,016.21 LL $.50 Interest 4/1/99 to 10/15/99 @ 8.2508 Afty's Comm % Atty Paid $121.30- Plaintiff Due Prothy $1.00 Other Costs Date: October 13, 1999 REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. . Address: _ 1174 Tndeendence M:77 F-at Philadelphia PA 19106 Attorney for: Plaintiff Telephone: (215) 627-1322 CURTIS R. LONG Protthof ota Civil Division by: RAC 7? Am-' Deputy Supreme Court ID No. 16132 R - L ESTATE LC; h ;)ALF Na,3 OnO,-eATLt- j Tj 0 ii the sheriff levied upon the defendants Interest in the real property situated in Cumberland County, Pa., known and numbered and more fully described on Exhibit "A" filed with (RE) CU@ this writ and by this reference incorporated herein. ?l (? '' O /r iP99 B Date:_ - ?° dINVh?-.'?'IPi3d .J . n, 66, Nd To h h 11'D 3dic3HS iiu A0121WO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K. BOLLING (Mortgagor(s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) PRAECIPE FOR JUDGMENT Term No. 99-4953 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter Judgment in favor of Plaintiff and against ROBERT B. BOLLING and SUSAN K. BOLLING by default for want of an Answer. (X) Assess damages as follows: Debt Interest 4/ 1/99 to 10/15/99 $ 68.016.21 Total 4i- (Assessment of Damages attached) I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this pra?eAcipe. A copy of the notice is attached. R.C.P. 237.1 /? -A U/ Joseph b?Q Jr. Attorn r P iff #1 /32 AND NOW I q! l , Judgment is entered in favor of EMC MORTGAGE CORPORA= N, and against ROBERT B. BOLLING and SUSAN K. BOLLING by default for want of an Answer and damages assessed in the sum of SIXTY EIGHT THOUSAND SIXTEEN DOLLARS AND 21 CENTS ($68,016.21), as per the above certification. ?. J ILA?' Pr onotary I ., `7 l0 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE ROBERT B. BOLLING AND SUSAN K. Term BOLLING (Mortgagor(s) and No, 99-4953 Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of EMC MORTGAGE CORPORATION, and against ROBERT B. BOLLING and SUSAN K. BOLLING for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of SIXTY EIGHT THOUSAND SIXTEEN DOLLARS AND 21 CENTS ($68,,?.211)1/ At A Jr. ff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is 222 W. Las Colinas Blvd., Suite 600, Irving, TX 75039 and that the name (s) and last known address (es) of the Defendant (s) is/are ROBERT B. BOLLING, 10-12 N. 21st Street, Cam ilI ,?A 17011; SUSAN K. BOLLING, 10-12 N. 21st Street, C p ilA 17011; UULL)BE 'K )iCUAF7 Y & McKEE BY: Jo h A. G eck, Jr, Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in Principal balance Interest from 4/ 1/99 Attorney's Fee at 5% of Late Charges Costs of Suit and Title Escrow Balance Deficit this case to be as follows: $ 60,605.18 :hrough 10/15/99 2,699.80 principal balance 3,030.26 308.44 Search 560.00 $ 67,203.68 812.53 $ 68,016.21 GOLDB M11TY & McKEEVER BY: J se A.beck, Jr. Attor for tiff AND NOW, this 011 day of 1999 damages are assessed as above. Q?QIti-d Prothy GOLDBECK MCCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff Vs. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor(s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE DATE OF THIS NOTICE: September 15, 1999 TO: SUSAN K. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 Term No. 99-4953 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARENCE 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 OP. 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: Court Administrator Cumberland County Courtliouse, Carlisle, PA (717) 240-6200 /s/ ?oeeu?i Co Mach Jr. GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff 1. GOLDBECK MCCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff Vs. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor(s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant (s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 DATE OF THIS NOTICE: September 15, 1999 TO: ROBERT B. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARENCE 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: Court Administrator Cumberland County Courthouse, Carlisle, PA (717) 240-6200 /s/ 0.4e04 ( ?Olwlech`Jr GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff .RUG 03 '99 07:45AM GOLDBECK MCCRFFERTY (215)6277734 P.6/7 V ?IFICATTON OF NON MI 7Tnnv fiR'?iCE The undersigned, as the representative for the Plaintiff corporation, EMC MORTGAGE CORPORATION, do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, ROBERT B. BOLLING, is about unknown years of age, that Defendant's last known residence is 10-12 N. 21st Street, Camp Hill, PA 17011 and is engaged in the unknown business located at unknown address. 2. That Defendant is 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 Action of Congress of 1940 and its Amendments. Date: August 5, 1999 ,- Wanda Collier, Assistant Vice President -f _4V 1580331 - BOLLING,ROBERT B. AUG 3 199 6:34 215 627 7734 PRGE.006 AUG 03 '99 07:45AM GOLDBECK MCCAFFERTY (215)6277734 R O OF 0_ Z a-U&VLQ P.7/7 The undersigned, as the representative for the Plaintiff corporation, EMC MORTGAGE CORPORATION, do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defend ant, SUSAN K. BOLLING, is about unknown years of age, that Defendant's last known residence is'10-12 N. 21st Street, Camp Hill, PA 17011 and is engaged in the unknown business located at unknown address. 2. That Defendant is 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 Action of Congress of 1940 and its Amendments. Date: August 5, 1999 Wanda Collier, AssistanY,Bice Preaideut 1580331 - BOLLING,SUSAN K. AUG 3 '9S 6:35 215 627 7734 PAGE.007 T? J - c: 1 y f_ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr, Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor (s) and Record Owner (s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: / Amount Due $ 68,016.21 v/ Interest from 4/ 1/99 to 10/15/99 at 8.250% (Costs to be added) a 0 O H E a , U 0 E M O O U z E o W a U F x z H U W 0 41 H W ?y ro N G N Sa 44 ro Mw h .44 wr,o ;ml (a ON q En 0 r 7 41 FG S-i N11 04 11 0u N ro ::j N4 Cq O U1 r-i a) U Q 14 `n 1 °i °0` 0 0 a m -r-I C-4 4+ E O A %D L) HI ° m ( ° o co aI " r-, In q v N 1 D" o Ebro 3 , y fa o ro ? ~ E Era z ?C N g u01 4J w 1 Uv NSW a 00 U i E F3 ri a°wzr°u a ?'? ALL THAT CERTAIN lot of ground situate in the borough of camp hill, county of Cti berlond and commonwealth of Pennsylvania, and deacribad as follow,, to wits bounded BEGINNING at A point 92.2 feet North of the northwest corner of Market Street and Church Street; thence extending in an easterly direction by a line parallel with Market Street ina 79.7 WilliamyH. Sadler;,thence bytatlineeat pprightyangnow lesrtoathe_ Is afootnwideaalleyt thenceoalongltheisaidialley ? In 5 an feet direction, 22.6 feet to Church street; thence along Church Street in a southerly direction, 13e.:; rest to a point, the place of DLGIMNING. HAVING thereon erected a two story frame dwelling house known as 10-12 North 21st Street, Camp Hill, Pennsylvania. UNOSR AND SUBJECT, nevertheless, to restrictions, easements, rights-of-Way, dedications and eondit;.ons of prior title. `?. ?- ??????? ?; u: u.•' ?^ - . >- r. ?- ?? c ?? ?... .. ?_ ? :.? i ir. .? ?? ?'?Q ?:?' -- v i??.' ?_. l7 ? c_? i - L u. J ?? ?1 Cl ' l GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor (s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-4953 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 EMC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 10-12 N. 21st Street, Camp Hill, PA 17011 1. Name and address of owner(s) or Reputed Owner(s) : ROBERT B. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 SUSAN K. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: ROBERT B. BOLLING 10-12 N. 21st Street i Camp Hill, PA 17011 SUSAN K. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 7, 1999 JyiL GOLDBE C Y & McKEEVER BY: Joseph A G 1 Jr., Esq. Attorn for P1 iff T CL) c ;u : ,Cu C: ' I.. GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE ROBERT B. BOLLING AND SUSAN K. BOLLING (Mortgagor (s) and Term Record Owner(s)) No. 99-4953 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERT B. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 Your house at 10-12 N. 21st Street, Camp Hill, PA 17011 is scheduled to be sold at Sheriff's Sale on March 1, 2000, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $68,016.21 obtained by EMC MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to EMC MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was 1 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 below on how to obtain an attorney). 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 price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 the Sheriff of Cumberland County at (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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990 9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 21.3-9400 GOLDBECK MCCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. ROBERT B. BOLLING AND SUSAN K. ACTION BOLLING (Mortgagor (s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant (s) CIVIL ACTION - LAW OF MORTGAGE FORECLOSURE Term No. 99-4953 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY SUSAN K. BOLLING 10-12 N. 21st Street Camp Hill, PA 17011 Your house at 10-12 N. 21st Street, Camp Hill, PA 17011 is scheduled to be sold at Sheriff's Sale on March 1, 2000, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $68,016. " obtained by EMC MORTGAGE CORPORATION against you. To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to EMC MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT 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 price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 the Sheriff of Cumberland County at (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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800; 990-9108 Legal Services Inc. I Irvine Row, Carlisle, PA 17013 (717) 243-9400 .- r..i Y tr, J ; - " - , .. ?i;.. .. - . . .: ? -:`J 1 C7 ?1 ? '/ 1?- liJ `. C? ? LL ..? i . i C> ?? Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff EMC MORTGAGE CORPORATION 222 W. Las Colinas Blvd. Suite 600 Irving, TX 75039 Plaintiff VS. ROBERT B. BOLLING AND SUSAN K BOLLING (Mortgagor (s) and Record Owner(s)) 10-12 N. 21st Street Camp Hill, PA 17011 Defendant(s) : IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL ACTION :ACTION OF MORTGAGE COUNTY - LAW FORECLOSURE Term No. 99-4953 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Jose Q? oi?? - o ck, Jr. Attot,Orlj for a'ntiff