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Home My WebLink About01-6072FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 EMC MORTGAGE CORPORATION 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TX 75038 Plaintiff JOEL N. HOLLY TANIA M. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0010771731 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is EMC MORTGAGE CORPORATION 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TX 75038 The name(s) and last known address(es) of the Defendant(s) are: JOEL N. HOLLY TANIA M. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 1/12/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1427, Page 63. P.LAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 7/1/00 through 10/1/01 (Per Diem $7.95) Attorney's Fees Cumulative Late Charges 1/12/98 to 10/1/01 Cost of Suit and Title Search Subtotal $46,475.61 3,641.10 800.00 177.24 550.00 $51,643.95 Escrow Credit 0.00 Deficit 1,982.46 Subtotal ~; 1,982.46 TOTAL $53,626.41 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the tree and correct copy of such notice(s) attached hereto as Exhibit "A." This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $53,626.41, together with interest from 10~/01 at the rate of $7.95 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE TO: Joel N. Holl) 203 Market Street Ne~.' Cumberland, PA 170;0 Tania M. Holl.~ 203 Market Street Ne',', Cumberland, PA 17070 Joel N. Holly 504 Herman Avenue Lemovne PA17043 Tania M. Holly 504 Herman Avenue Lemoyne, PA 17043 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY. THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclosure Specific intbrmation about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save ,,our home. This Notice explains how the proeram works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COU~NSELING AGENCY Vv'ITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice withvou'.~hen~oumeetthe Counsetin~ .A._~encx The name. address and phone number of Consumer Credit Counseline Agencies servtng ',our Count', are listed at the end of this Notice. If you have an',' questions, you ma',' ca the Pennsylvania Housin~o Finance Aeencv to flee at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association ma.,,' be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDESALVARSUCASADELAFERDIDA DELDERECHOAREDIMARSUHIPOTECA EXHIBIT "A" STATEMENTS OF POLIC~ HOMEOWNER'S NAME(S): Joel N. Holly and Tania M. Holly PROPERTY ADDRESS 203 Market Street. Ne'e, Cumberland, PA 1"0'70 LOAN ACCT NO.: 0010'?1731 ORIGINAL LENDER: Cendant Mortgage Corporation, f/k/a PHH US Mortgage Corporation CURRENT LENDER, SERVICER: Cendaat Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY ~I YH THE PROVISIONS OF THE HOMEOXhNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 {TIIE "ACT"L YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporaD' stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that tim~ you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES-If you meet wuh one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thinx 130) days al~er the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counselin~ a~encies for the county in which the properw is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise .',our lender immediately of .'.our intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see follov, ing pages for specific information about the nature of your default.) If,,ou ha',e tried and are unable to resolve this problem with the lender, you have the right io apply tbr financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out. sign and file a completed Homeowner's Emergenc3 Assistance Proo_ram Application with one of the designated consumer credit counseling agencies listed at the end or'his Notice. Onl,, consumer credit counseling agencies have applications for the program and they will assist you in sul~mitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked xHthin thirty 530) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON-Available funds for emergenc? mortgage assistance are very' limited. They will be disbursed b? the Agency under the eligibili~ criteria established b.,. the Act. The Penns.'. Ivania Housing k"Xl-lll l? W I mance Ngenc.x has si'q> (6il) da.~s to make a decision after it l'e~.c:~es :our application I)L~rill~' that ltll]c no tbreclosure proceedings ,,'.ill be pursued against.'~ou if',,ou, ha,,e met'the time reqmrements s~t lbrrh ~ ~x · You ;'.ill be nolified direcfl', b,. the Pennsx [',ania Housin,_, I inance Aaeno. of its decision on sour application. - NOTE: IF. YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLO~,ING PART OF THIS NOIICE IS FOR INFORM&lION PURPOSE ONLY AND SHOULD NOI BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergenc~ Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date}. NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your properro, located at: 203 Market Street, New Cumberland, PA 17070 IS SERIOUSLY IN DEFAUI~T because: A. YOU HAVE NOT MADE M~ FHLY MORTGAGE PAYMENTS for the followino_, months and the following amounts are now past dc, c: Start End: 8/1/00 thru 3/I/01 at $413.91 per month.~ Monthly Payments Plus Late Charges Accrued S3.429.44 NSF: $0.00 Inspections: $000 Other: $30.45 (Suspense): S0.00 Total amount to cure default $3,459.89 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicablel: N A HOW TO CURE THE DEFAULT-You ma~ cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 53,459.89. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash, cashier's check, certified check or money order made pavane and sent to: CENDANT MORTGAGE COMPANY, 6000 Atrium Way, Mount Laurel, Nd 08054, attention: Collections Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) N'A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice the lender intends to exercise its rights to accelerate the mortgage debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its an:or'ney to start legal action to foreclosure u¢on your mort,,a~,e property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage propert~ will be sold by the Sheriffto pa.~ offthe mortgage debt. If the lender refers .',our case to its attornexs, but you cure the delinquenc5 before the lender begins legal proceedings against you, you will still be [equire~ to pay the reasonable artorne~,'s fees that were actually incurred, up to $50.00. However. if legal proceedings are started against you, you x~ilI have to pay all reasonable attome.,.'s fees actually incurred b3 the lender even if they exceed $5000 An? attorne?s fees will be added to the amount to the lender, which may also include o~her reasonable costs. If you cure the default within the THIRTY (30) DAY period, you'will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALF-Ifvou have not cured the default within the THIRTY (30) DAY period and tbreclosure proceedings hay4 begun, you still have the ri.oht to EXHIBIT nA" cure the del:ault an~J pre~en[ the sale at an', time up to one hour betbre the Sherit't's Sate. You rna~ Jo so b', pa',in~ the total _amount then past due. plus an; late or other char~es then due. reasonable attorne', '~; fee'~ ?coiffed m writinu bx the lender and b~ performine anx other requirements tinder !he morma~e Curin~ had ne~cr dct~uhcd. ' - ~ EARLIEST POSSIBLE SHERIFF'S SALE DATF-h ts estimated that thc earliest date that such a Sher]tt's Sale of the mortgage property could be held would be approximatel> SIX 16) MONTHS from the date ot this Notice. A notice of the actual date or'the Sheriff's Sale will be sent to ~ou before the sale. Oi"course. thc amount needed to cure the defauh will increase the longer Fou ~ait. Y~u ma.,. find out at an.,, time exactly what the required payment or action will be by contacting the lender. HOg; TO CONTACT THE LENDER: Cendunt ~ortg~ge Corporation 6000 Atrium Way ~ount Laurel, NJ 0805-1 ($00) 25?-0460 EFFECT OF SHERIFF'S SALF-You should realize that a SheriWs Sale will end xour ownership of the mortgaged property and your right to occupy it. If you continue to live in the prop'ert? after the Sher ftys Sale. a lawsuit to remo,,e you and your furnishings and other belongings could be started bF' the lender at an>' time. ASSUMPTION OF MORTGAGE-You ma? or X may' not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgagee debt. provided that all the outstandin~ payments charge and artorne.s's tees and cost are paid prior to or at the sale and that the other requircmem3 of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACT[ON BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED VeD truly yours, CENDANT MORTGAGE CORPORATION Cc: Cendant Mortgage Corporation Attn: Collections Dept. Mailed by I" Class mail and by certified Mail No: 4575 ~.f14 ~ 877~ Account No: 001077173 t EXHIBIT "A" 71O6 4S75 ~ ~ ~8O2 ~ 4S75 1294 2931] 3796 PENNS'tLVANIAIIOUSING FINANCE ~GENC5 HOMEO~.NER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNS£LING ~.GENCIES (REV. 8/00) CLINTON COUNTer CCCS of Northeastern P a` 201 Balm Street WilIiamsport, PA I 7703 (570) 323-0627 FAX (5?0} 323-0020 31 ~3, Market Street POB 1127 Wilkes-BaiTe, pa, 18702 1570/821-O837 or (800/922-9537 FAX ~570) 821-1785 £'ommission on Economics Opporttlnit), of Luzeme Count:, \Vi[kes-Bar-e. PA 18702 t5701826-0510 or 18001822-0359 FAX (570) 829-1665--(Call Betbre Faxing) 15701 455-4994 Hazeltown FAX (570) 455-5631--(Call Belbre Faxmg) (570) 836-4090 Tunkhannock Booker T. Washington Center 1720 Holland Center COLL MBI4, COUNTY CRAWFORD COUNTY CUMBERLAND COUNTY [400 Abmgton Executive Park Suite I Clarks Summit. Pa` t~q4l [ Greater Erie Community Action Committee 18 West 9a' Street Shenango Valley Urban League, 001 Indiana A~enue FarrelL PA 10121 (4121 98D5~10 Financial Counseling Scrslces ot' Franklin 31 West 3'4 Street Waynesboro. PA 17268 (7171 762.3285 YWCA of C'arhsle Adams k'ounty Housing Authon[5 139-143 Cartisl¢ St Gettysburg, PA 17325 17171334ol518 FAX 334-832~ PENNSYLVANIA BULLETIN, VOL. 29. NO. 23. JUNE 5, 1999 XHIBIT ~ - ~ THAT .... · ~= CERTAIN piece ~- parcel ~'~ land s~usne in 5he -~crzugn cf New Cu~Qerland, Cumberla.~d Cou~%5v. PennsylvanAa, mcre .~=~- ~ :~- bcu.%ded and d~scribed as follows, tc wlt: BEGINNING a~ a point o~1 the Eastern side of Market Stree'., a distance Of twe~%ty-five (25) ~ee~ Nor%h fro~ the Norther:% slde of Second Street; ~hence Norsh alonc the said EasZern side a.f Marke5 Street, a distance of =wenty-fiv~ (25) fee= to the dividi~:g llne between Lots Nos. 55 and 54; thence ~,ast by the said last mentioned dividing line, a distance of one hundred fzf"~v (ISO fee~ to the line of a p~:blic alley; ~hence SouSh by the s~me~ a distance cf ~wen~v-five (25) fee"- ~o ~ Doint;~ t~lence West an~ at ~...~=h~ angles wish ~he said alley, through %he ce?.ter or part~tlon wall cf a do%~b!e two and one-half story frame dwei!in~c hot, se a distance cf one hi, malted fifty (150~ fee~ to the Eastern side of Marke% Street, =he ~!ace of B~GINNING. BEING th~ Norther.~] one-half cf LO5 :~_-. 5.:- as markel Cn zhe t~enera! Plan of the Borough cf Ne'~ Cu,T~eri~nd. PREMISES ON: 203 MARKET STREET VERIFICATION FRANK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure is based upon information supplied by Plaintiff and is true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. Frank Federman, Esquire Attorney for Plaintiff DATE: 10-&3-O~ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 EMC MORTGAGE CORPORATION 909 H IoDEN RIDGE DRIVE, SUITE 200 IRVING, TX 75038 Plaintiff, JOEL N. HOLLY TANIA M. HOLLY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6072 CML TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOEL N. HOLLY and TANIA M. HOLLy, Defendant(s) for failure to file an Answer to Plaintiffs Compla'mt within 20 days fi.om service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/1/01 to 11/29/01 TOTAL $53,626.41 $469.05 $54,095.46 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EMC MORTGAGE CORPORATION 909 HIDDEN RIDGE DRIVE, SUITE 200 Plaintiff, JOEL N. HOLLY TANIA M. HOLLY De~ndam(~. CUMBERL~ COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6072 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 2001. By: DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQ~ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERM3~N ~LNUD PHEL~lq, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS EMC MORTGAGE CORPORATION : CIVIL DIVISION Plaintiff : CUMBERLAND COUNTY : NO. 01-6072 CIVIL JOEL N. HOLLY TANIA M. HOLLY Defendant (s) TO: JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE,PA 17043 DATE OF NOTICE: NOVEI~BER 15,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN Ai~ ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND A/qY INFOR~TION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCFU~RGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AAID SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections tc 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: CU~IBERLAND COUNTY CUMBERLAND COUNTY B;~R ASSOCIATION 2 LIBERTY .~,VENI_'E CARLISLE, PA 17013 (717) 249-3166 Frank Pederman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN Frank Federman, Esquire Identification Nc. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA t9103-1799 (215) 563-7000 ATTO?~NEY FOR PLAINTIFF EMC MORTGAGE CORPORATION Plaintiff VS. JOEL N. HOLLY TANIA M. HOLLY COL~T OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0.01-6072 CIVIL Defendant TO: TA-NIA M. HOLLY 504 HERMAN AVEN~IE LEMOYNE,PA 17043 DATE OF NOTICE: NOVEMBER 15,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN ~N ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR Ti~AT PURPOSE. iF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAN'D COUiNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE C,&R. LISLE, PA 17013 (717) 249-3166 Frank Federman,Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 pHII,ADELPHIA, PA 19103-1814 (215) 563-7000 EMC MORTGAGE CORPORATION 909 HIDDEN RIDGE DRIVE, SUITE 200 JOEL N. HOLLY TANIA M. HOLLY Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6072 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOEL N. HOLLY is over 18 years of age and resides at, 504 HERMAN AVENUE, LEMOYNE, PA 17043. (c) that defendant TANIA M. HOLLY is over 18 years of age, and resides at, 504 HERMAN AVENUE, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 EMC MORTGAGE CORPORATION Plaintiff, JOEL N. HOLLY TANIA M. HOLLY Defendant(s). No. 01-6072 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest fi.om 11/29/01 to 3/6/02 (per diem -8.89) TOTAL $54,095.46 V $862.33 and Costs $54,957.79 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland,,..-'~ Cumberland County, Pennsyl~,ania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern side of Market Street, a distance of twenty-five (25) feet North from the Northern side of Second street; thence North along the said Eastern side of Market Street, a distance of twenty-five (25) feet to the dividing line between Lots Nos. 55 and 54; the. c.ace'-- East by the said last mentioned dividing iine, a distance of one hundred fifty (150) feet to the'line of a public alley; thence South by the same, a distance of twenty-five (25) to a point; thence West and at right angles with the said alley, through the center or partition wall of a double two and one-half story frame dwelling house, a distance of one-hundred fifty (150) feet of the Eastern side of Market Street, the place of BEGINNING. BEING the Northern one-half of Lot No. 54 as marked on the General Plan of the Borough of N~ Cumberland. HAVING THEREON ERECTED a two and one-half story frame dwelling house and outbuildings known and numbered as 203 Market Street, New Cumberland, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Joel N. Holly and Tania M. Holly, husband and wife by Deed from Nancy H. Slaseman, a singlgwoman dated 1/12/l~98, recorded 1/20/1998, in Record Book 170, Page 1032. EMC MORTGAGE CORPORATION Plaintiff, JOEL N. HOLLY TANIA M. HOLLY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6072 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) EMC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~203 MARKET STREET~ NEW CUMBERLAND~ PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOEL N. HOLLY TANIA M. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 504 HERMAN AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 TANIA M. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sanle SMITH RADIOLOGY Last Known Address (if address cannot be reasonably ascertained, please indicate) 1515 BRIDGE ST. NEW CUMBERLAND, PA 17070 4. Name and address of last recorded holder of every mortgage of record: Nalne SUPERIOR MORTGAGE CORP. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1395 RT. 539 PO BOX 188 TUCKERTON, NJ 08087 5. Name and address of every other person who has any record lien on the property: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nalne None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Nanle Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 2O3 MARKET STREET NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 November 29 2_,_~Q~001 DATE I verify that the statements made in this affidavit are tree 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. Sec. 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 EMC MORTGAGE CORPORATION Plaintiff, Vo JOEL N. HOLLY TANIA M. HOLLY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6072 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff EMC MORTGAGE CORPORATION : Plaintiff, : JOEL N. HOLLY : TANIA M. [IOLLY : Defendant(s). : TO: JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 CUMBERLAND COUNTY No. 01-6072 CIVIL TERM November 29, 2001 TANIA M, HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE [N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRJ,[ED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at ~ 203 MARKET STREET~ NEW CUMBERLAND~ PA 17070~ is scheduled to be sold at the Sheriffs Sale on MARCH 6 2002 ~t 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 54~095.46 obtained by EMC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHER~F'S SALE To prevent this SheriWs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF 'i'HE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9105 ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland/ Cumberland Count-y, Pennsylvania, more particularly bounded and described as follows, to win BEGINNING at a point on the Eastern side of Marker Street. a distance of twenty-five (25) feet North from the Nor'2iern side of Second street; thence North alon_~ the said Easre'.,-n side or' Market Street, a distance of tv/enry-five (25) feet to the dividing line berw"een Lots Nos. 55 and fa. East by the said [asr mentioned d~v~dmg hne. a distance ot one hundred fi~. (1150) feet ro r'b'e'lme of a public alley; thence South by the same, a distance of twenq,.--five (25) to ~ t~oin[; thence West and at fight angles with the said alley, through the center or partition wall of a double two and one-half story frame dwellin_* house, a distance of one-hundred fiR,' (!50) feet of the Easre:'n s/de or' Marker Street, the plac~ of~3EGINNING. BEING the Northern one-half of Lot No. 54 as marked on the General Plan of the Borough of ~ Cumberland. _ HAVING THEREON ERECTED a two and one-half story frame dwellin~, house and outbuk!dings known and numbered as .0.~ Marker Street, New Cumberland, Penn.sylvania. TITLE TO SAID PREMISES IS VESTED IN Joel N. Holly and Tania M. Holly, husband and wife by Deed from Nancy H. Slaseman. a single won"ma dar'ed 1, t2,, ~998,' recorded 1/20/1998, in Record Book 170, Page 1032. PLAINT'IFF ' DEFEr-VASt(S) AFFIDAVIT OF SERVICE EMC MORTGAGE CORPORATION JOEL N. HOLLY TANIA M. HOLLY SERVE JOEL N. HOLLY AT 504 HERMAN AVENUE LEMOYNE, PA 17043 CUMBERLAND COUNTY No. 01-6072 CIVIL TERM ACCT. #0010771731 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED Servedandmadeknownto J O ~. L A~ . ~o /..L y ,Defendant, onthe of Pennsylvania, in the manner described below: day of D £ · ,200/_, , Commonwealth Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is ~/g~~_./~. ~ot/...y) __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(sVs office or .... ~ _~ ~. · Other: an officer of said Defendant(s)'s company, Description: Age ~ ~- Height ~ t~. ,, Weight ~2 ~ Race ~ Sex ~ Other I, ~ ]~./Ltff_.,~.~,~/O , a competent adult, bein dui sw . - ~ g y omaccor~ tolaw d ose a ~e ~d co~t copy of ~e N~ce of Shedfffs Sale ~ ~e mann~ aa net f~ ~ ~ . ,, .~ ~d state ~at I persomlly handed · ' -' ~ ' ~ - --:;, ~ ~ssuea m ~e cap~nned case on ~e date and at · e ad.ess m&cated above. [ ~ ~ I Sw ~~~ omto~dsubs~fibed I ~~~ I b~f~e~~y [ ~~.7,~ ] ot~,200~ ~ : ...... _ ''~' '' PLEASE ATTEMPT SER~CE AT LEAST 3 ~ES. INDICATE DATES & T~S OF SER~CE ATTEMPED. NOT SER~D On the . day of. ,200__, at __ Moved __ Unknown__ No Answer Other: o'clock m., Defendant NOT FOUND because. Vacant Sworn to and subscribed before me this day of ., 200 _, Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 tYPO- FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400 One Penn Center Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff EMC MORTGAGE CORPORATION PLAINTIFF JOEL N. HOLLY TANIA M. HOLLY DEFENDANT · COURT OF COMMON PLEAS : : CUMBERLAND COUNTY : · No. 01-6072 CIVIL PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. Date: DECEMBER 28,2001 FPJ~N.K FEDERMAN, ESQUIRE Attorney for Plaintiff 10/24/01 l'fl~D 1~:1~ FA.1.'2155537558 FEDB~MAN & pHELAN ~007 JO~L' N. HOLLY hereby sta[~s that he/she is of mortgage scrvicing a~'nt for Plaintiff in this matter, that hcYshe is authorized to take this Verification, and that the sta[ements made in thc foregoing Civil Ac~on in Mortgale Foreclosure arc trae and correct to the best of his/her knowledge, information and bclic£ Thc trade, signed understands that this statcm.ent is made subject to the penalties of 18 Pa. C.S. Sec. 490~, r~lati~g to unswom falsification to anthoritica. Susan F. Christy Vice President SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EMC MORTGAGE CORPORATION VS. No.: 01-6072 CIVIL TERM JOEL N. HOLLY TANIA M. HOLLY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 203 MARKET STREET, NEW CUMBERLAND, PA 17070. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. February 25, 2002 FRAN~ FEDERMAN, ES~RE Attorney for Plaintiff EMC MORTGAGE CORPORATION Plaintiff, JOEL N. HOLLY TANIA M. HOLLY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DMSION NO. 01-6072 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) EMC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~203 MARKET STREET~ NEW CUMBERLAND~ PA 17070· 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 TANIA M. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 TANIA M. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) SMITH RADIOLOGY 1515 BRIDGE ST. NEW CUMBERLAND, PA 17070 4. Name and address of last recorded holder of every mortgage of record: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) SUPERIOR MORTGAGE CORP. 1395 RT. 539 PO BOX 188 TUCKERTON, NJ 08087 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 203 MARKET STREET NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 29, 2001 ~ ~~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) JOEL N. HOLLY TANIA M. HOLLY PROPERTY: 203 MARKET STREET NEW CUMBERLAND, PA 17070 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on MARCH 6~ 2002, at 10:00 a.m. in Cnmherland County Courthouse~ South }Ianover Street~ Carlisle~ PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW EMC MORTGAGE CORPORATION No.: 01-6072 CWIL TERM VS. JOEL N. HOLLY TANIA M. HOLLY · ='v' FiL : COPY PLEASE RETURN AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 203 MARKET STREET, NEW CUMBERLAND, PA 17070. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit· A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice· Febmary 25, 2002 Attorney for Plaintiff STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND t ss. Robert p Zie I, ....... gler ....................................................................... Recorder of Deeds in and for sa/d County and State do'hereby certify that thc Sheriff's Deed in which EMC Mt~ Coro ................ the same having been sold to sa/d grantee on the 6th ' is thc grantee March ' ' ...........~ .................................. ........................................ A. D., ..' 2002 day of Execution ..... , under and by virtue of a writ .............. ................................................ issued on the 10th day of Dec 2001 ..................................... Civil ..... ~ out of the Court of Comman Pleas of said County'as of Nun~er 6072 -- - .......................... Terra ' 2001 .............. , at the sult of ..... EMC Mtg Corp ' ....... ............................... against_=_ .... · Joel N Holly & Tania M ...... duly reeorded in Sher/ff'a Deed Book No. - ...............................~'-~ ............ is ..... ??-L__, 80 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said off/ce this ...... /---- day o, ..... Recorder of Deed-,, EMC Mortgage Corporation VS Joel N. Holly and Tania M. Holly In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6072 Civil Term Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on December 26, 2001 at 4:08 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Joel N. Holly, by making known unto Tania Holly, adult in charge, at 504 Herman Ave., Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested co of the same. py Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on December 26, 2001 at 4:08 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Tania Holly, by making known unto Tania Holly personally, at 504 Herman Ave., Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on January 07, 2002 at 1:30 o'clock P.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Joel N. Holly and Tania Holly located at 203 Market Street, New Cumberland, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being 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: Joel N. Holly, by regular mail to his last known address of 504 Herman Ave., Lemoyne, PA 17043. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Tania Holly, by regular mail to her last known address of 504 Herman Ave., Lemoyne, PA 17043. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum orS1.00 to Attorney Frank Federman for EMC Mortgage Corporation. It being highest bid and best price received for the same EMC Mortgage Corporation of 909 Hidden Ridge Drive, Suite 200, Irving, TX 75038, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $767.42, it being costs. Sheriff's Costs: Docketing 30.00 Poundage 15.05 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 21.45 Certified Mail 1.12 Levy 15.00 Surcharge 30.00 Law Journal 274.70 Patriot News 231.90 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriff's Deed ..27.50 $767.42 paid 3/13/02 Sworn and subscribed to before me This ~c~ day of.~a~ 2002, A.D.. .~ _ . ~.fl/~' R. Thomas Kline, 8'heriff Real Estate Deputy E~IC MORTGAGE CORPORATION HPlaintiff, JOE OLLY TANIA M. HOLLY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6072 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) EMC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~203 MARKET STREET, NEW .CUMBERLAND, PA 17070 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOEL N. HOLLY TANIA M. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 504 HERMAN AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: JOEL N. HOLLY TANIA M. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 504 HERMAN AVENUE LEMOYNE, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nalne SMITH RADIOLOGY Last Known Address (if address cannot be reasonably ascertained, please indicate) 1515 BRff)GE ST. NEW CUMBERLAND, PA 17070 E,~IC MORTGAGE CORPORATION Plaintiff, V. JOEL N. HOLLY TANIA M. HOLLY Defendant(s). CUMBERLAND COUNTY No. 01-6072 CIVIL TERM TO: JOEL N. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 November 29, 2001 TANIA M. HOLLY 504 HERMAN AVENUE LEMOYNE, PA 17043 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLy RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTE ** Your house (real estate) at 203 MARKET STREET NEW CUMBERLAND PA 17070 is scheduled to be sold at the SherifFs Sale on MARCH 6 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 5~4,095.46 obtained by EMC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the/LINE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS .YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALt,: To prevent this SherifFs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: ~ You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (.215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives 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 Shefiffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Shefiffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERT:L[N piece or parcel of land situate in the Borough of New Cumberland~ Cumberland Count, Permsylvania, more particularly bounded and described as follows, to wire BEGINNING at a point oa the Eastern side of Market Street. a distance of twenty-five (25) feet North from the Northern side of Second street: thence North alon~ the said Eastern side of Marker Street, a distance of twenv/-five (25) feet re the dividing line betw%ea Lots Nos '-, , ' East by the said fast mentioned dividin¢ line a ~'' ..... ,, ...... ' . 25 and Sa; the,'~ce-- - · *-=~,mc~ or one nunctred tm?. (150) fee,, to the l~e-of a public alley; thence South by the same, a diswmce of rwenrv-five (25) to a point; thence West and at right angles with the said alley, through the center or patti}ion wall of a double m'o and one-half story frame dwellin~ house, a distance of one-hundred fir:r,/ (!50) feet of the Easte,--a side of Market Street, the place of ~EGINNING. BEING the Northern one-half of Lot No. 5a as marked on the General Plan of the Borough of ~ Cumberland. ' HAVING THEREON ERECTED a ~vo and one-half story frame dwelling house and outbuildings known and numbered as 203 Market Street, New Cumberland, Pennsylva~ia. TITLE TO SAID PREMISES IS VESTED IN Joel N. Hollv and Tania M. Holly, husband and wife by Deed fi.om Nancy H. Slaseman, a sin¢l~ Record Book 170, Page 1032. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CL~nberland To satisfy lhe debt. inlerest and cosls due trom WRIT OF EXECUTION'and/or ATTACHMENT NO. ---~- 72____~ CIVIL 190( TERm CIVIL ACTION. LAW ~ _COUNTY: ~ ~C Mortgage CorPoration --' ~' ---------PLAINTIFF(S) Joel N. Holly and Tania M. Holly, 504 Herman Avenue, Lemoyne, PA 17043 -- DEFENDANT(S) (1) You are directed Io levy upon the propedy ot the defendant(s) and lo sell~ (2) You are also directed to altach Ihe property of the defendant(s) nol levied upon in the POssession of -GARNiSHEE(S) as follows: and to notify the garnishee(s) that: (a) an allac ,d~e_b_! Io. or for the account of the defendanFs~ ~h,me~ nl has b..een.issued; (b) the garnishee s is/ - · ,. ,,ureo~; , , -,,,, from del~venrm an,, ,, ........... (-) are el3jolrled from Da, ne (3) ....... ~,, u~ ome~vise disposing sfaled. Iflwoperlyof the defendant(s) nol!evi.edupon an Subject to attachment is found in lhepossession of anyone other than a named garnishee, you are directed lo notify hmVher thal he/she has been added as a garnishee and is enjoined as above Amount Due $54,095.46 frcm 11/29/~1~. - EL $.50 Interest -8-,~o,.~:~-;-, ~_" <' __/"'~ ~per diem -- -- ' "' .ZO~ __ Ally's Corem % Ally Paid --------__~o~ Plaintiff Paid Due Prothy__ $! :nO_O_ Olher Costs Dale: REQUESTING PARTY: Address One Penn Center at Su~5~n~-f~tion - -t6~F~K~' cdY~a~d~ Su i t e 1400 Philadelphia, PA 19103-1814 Allorney ~or: -~inti ~f relephone: ~_~ Supreme Cou~ ID No. ~2~ ~t~ R. Long Prnthonotary, Civil,~vis/on - Deputy REAL ESTATE SALE No. ~ On December 12, 2001, the sheriff levied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, PA, known and numbered as 203 Market Street, New Cumberland, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12, 2001 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of ~ and...T.b.Q :~;i:~Y-~/:J~JE~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News CO. aforesaid by virtue and adopted severally by the stockholders and pursuant to a resolution unanimously passed and board of directors of the saJ( Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County Volume 14, Page 317. ~ ~ook "M", PUBLICATION COPY _ NotarfalSeal ' /,,"~) . ~Y,/-" , ~r. pery~2002 A.D mou~, Ommul~n Courtly Member, Pennsylvania Assoctalion ~ No~;}ornrnission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating Same Total Notary Fee(s) $ 230.4O $ 1.50 $ 231.90 The Publisher's Receipt for Advertising Coat publisher of P.~L~~__ and Th_.b.~av P~w..':. newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), p. L. 1784 STATE OF PENNSYLVANIA : : $S. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, &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 Cumber/and Law $ournal on the following dates, viz: JANUARY 25, FEBRUARy 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal Periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ ~87Air~ SALE NO. 41 Writ No. 2001-6072 Clvl/ EMC Mortgage Corporation VS. Joel N. Holly and Tama M. Holly Atty.: Frank Federman P. LL TH3.T CERTAIN piece or par- eel of land situate in the Borough of New Cumberland Cumberland Coun- ty, Pennsylvania. more particularly bOunded and described as follows. to wit: BEGINNING at a point on the Eastern Side of Market Street, a tance of twenty-fiVe (25} feet North from the Northern side of Second street: thence North along the said Eastern side of Market Street, a dis- tance of twenty-five [251 feet to the Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this _ 8 day of_ FEBRUARy, 2002__ I