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HomeMy WebLinkAbout01-3062FEDERMAN 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION EMC MORTGAGE CORPORATION 6000 ATRIUM WAY, MT. LAUREL, NJ 08054 Plaintiff JOEL N. HOLLY TANIA M. HOLLY 504 HERMAN AVENUE, LEMOYNE, PA 17043 TERM NO. OI 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 thc 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 COLrNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:0010771731 Plaintiff is EMC MORTGAGE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 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, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1427, Page 63. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 5/1/0l (Per Diem $7.95) Attorney's Fees Cumulative Late Charges 1/12/98 to 5/I/01 Cost of Suit and Title Search Subtotal $46,475.6I 2,424.75 800.00 132.93 550.00 $50,383.29 Escrow Credit 0.00 Deficit 773.09 Subtotal $ 773.09 TOTAL $51,156.38 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 true 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 $51,156.38, together with interest from 5/1/01 at the rate of $7.95 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM r h27, 2oo FORECLOSURE TO: Joel N. Holly 203 Market Street New Cumberland, PA 17070 Tania M. Holly 203 Market Street New Cumberland, PA 17070 Joel N. Holly 504 Herman Avenue Lemoyne, PA 17043 TaniaM. 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 FNDEBTEDNESS 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. Sr>ecific information about the nature of the default is provided in the attached oa~,es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save ','our home. This Notice exr>lains how the oro~,ram works. To see if HEMAP can heir>, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when '~ou meet the Counselin2 A~encs. The name, address and phone number of Consumer Credit Counseline At, encies servine your Count,, are listed at the end of this Notice. If you have any cluestions, you may call the Pennsylvania Housino, Finance A,,encv toll free at 1-800-342-2397. (Persons with impaired hearine can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you f'md 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 NOTIF1CACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENC[A (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARKIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Joel N. Holly and Tania M. Holly PROPERTY ADDRESS: 203 Market Street, New Cumberland, PA 17070 LOAN ACCT. NO.: 0010771731 ORIGINAL LENDER: Cendant Mortgage Corporation, f/k/a PHH US Mortgage Corporation CURRENT LENDER/SERVICER: Cendant 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 WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 {THE "ACT"}. YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR W1THIN 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 with one or'the consumer credit counseling a~encies listed at the end of this notice the lender ma'/' NOT take action a~,ainst you for thirty {30) days after the date of this meetim,. The names, addresses and teleohone numbers of desi2nated consumer credit counselin2 a2encies for the counW 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 your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibiliD' criteria established by the Act. The PennssIvania Housing Finance Agenc? has sixt), (60) days to make a decision after it recee, es .,,our application. During that time. no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on .','our application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUIbTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORM&TION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Briny it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your propen3 located at: 203 Market Street, New Cumberland, PA 17070 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE Mt ', I'HLY MORTGAGE PAYMENTS for the following months and the following amounts are now past au,;: Start/End: 8/1/00 thru 3/1/01 at $413.91 per month. Monthly Payments Plus Late Charges Accrued $3,429.44 NSF: $0.00 Inspections: $0.00 Other: $30.45 (Suspense): $0.00 Total amount to cure default $3,459.89 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not avplicable): N,A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S3,459.89. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES V~--IICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: CENDANT MORTGAGE COMPANY, 6000 Atrium Way, Mount Laurel, NJ 08054, attention: Collections Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not apolicable.) 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 mom, a~e debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage properW. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriffto pa? offthe mortgage debt. If the lender refers your case to its attome.,,s, but you cure the delinquenc.~ before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $5000 Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to var OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and orevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by pavine the total amount then past due. plus an~ late or other charees then due. reasonable attornex's t~es and costs connected ',~ith the Ibreclosure sale and an', other costs connected with the Sherit't's Sale as soecified in writine bv the lender and bv performine any other recmirements under the mortea_oe Curing 5our default in the manner set forth in this notice will restore your mortgage to the same position as it'?ou had ne~ er de(aulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sherit't's Sale of the mortgage property could be held would be approximateb SIX (6) MONTHS from the date or' this Notice. A notice of the actual date of the SheriWs Sale will be sent to you betbre the sale. Of course. the amount needed to cure the default will increase the longer you wait. You may find out at an5' time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: CendantMortgage Corporation 6000 AtriumWay Mount Laurel, NJ 08054 (800)257-0460 EFFECT OF SHERIFF'S SALE-You should realize that a SherifFs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property a~er the SherifFs Sale. a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or_~X__may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt. provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirement~ 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 ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very, truly yours, CENDANT MORTGAGE CORPORATION Cc: Cendant Mortgage Corporation Attn: Collections Dept. Mailed by lst Class mail and by certified Mail No: 7106 4575 1294 29~0 377~ 7'106 4576 Account No.: 001077173 l 7106 4575 1294 293D 3789 ll:~e,Ie] -'11 7106 4575 1294 2990 8796 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRA.M CONSUMER CREDIT COUNSELING AGENCIES (REV. $/00) 2138 Lincoln Street PO Box 1328 Williamsport, PA 17703 (570~ 326-0587 FAX (5701322-2197 CLINTON COUNTY CCCS el Northeastern PA 1631 South Atberton St, Suite State College, PA 1680 I {814) 238-3668 FAX (814) 238-3609 CCCS of Northeastern PA 201 Basin Street Wiltiamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W Market Street POB [ 127 Wilkes-Barre, PA 18702 (570) 82 [ -0837 or (800) 922-9537 FAX (570) 821-1785 COLUMBIA COUNTY Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665--(Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-563 l~Call Before Faxing) (570) 836-4090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie. PA 16503 (814) 453-5744 FAX (814) 5749 CRAWFORD COUNTY John F Kennedy Center, [nc. 2021 East 20"' Street Erle. PA 10810 (814} 898-0400 FAX (814) 898-1243 CCCS ofWestemPennsylvania,[n¢. 2000 LinglestownRoad Harrisburg. PA 17102 (717)541-1757 CUMBERLAND COUNTY Urban League of Metropolitan Harrisburg N 6a Street Harrisburg, PA 17101 (717) 234-5025 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Derry Street Hamsburg, PA 17104 (717) 232 -9757 FAX (7 [ 7) 234-2227 1400 Abington Executive Park Suite I Clarks Summit, PA 18411 (570) 58%9163 or (800) 922-0537 FAX (5701587-9134-9135 Greater Erie Community Action Committee 18 West 9m Street Erie, PA 1650] (814)489-4.581 FAX (814) 456-0161 Shenango Valley Urban League, lnc 601 indiana Avenue (412)981-5310 Financial Counseling Services of Franklin 31 West ya Street Waynesboro, PA [ 7268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle. PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 ALL THAT CERTAIN piece or parcel of land situate in the Borough cf New C~mberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern side of Market Stree=, a distance of twenty-five (25) feet North from the Northern side of Second Street; thence North along the eaid Eastern side of Market Street, a distance of tWenty-five (25) feet to the dividing line between Lots Nos. 5~ and 54; thence East by che said last mentioned dividing line, a distance of one hundred fifty (150) feet to the line of a public alley; thence South by the same, a distance of twenty-five (29) feet to a point; thence west and at right angles with the said alley, through =he center or partition wall of a double two and one-half story frame dwelling house, a distance of one hundred fifty (150) feet to the Eastern side of Market Street, the place of ~BGINNING. BEING the Norther~ one-half of Lot No. 54 as marked on the General Plan of the Borough of New Cumberland. }{AVING THEREON ERECTED a two and one-half story frame dwelling house and outbuildings known and numbered as 203 Market S=reet, New C~mberland, Pennsylvania. BEING THE SAME PREMISES which Elmer J. Slaseman by his deed dated October 1, 1995 and recorded 0c=ober 18, 1995 in the office of the Recorder of Deeds for Cumberland County in Deed Book 129, Page 913 granted and conveyed to Nancy ~. Slaseman. THIS IS A CONVEYANCE BETWEEN MOTHER TO SON AND DAUGHTER-IN-LAW AND IS EXEMPT FROM ~N-NSYLVANIA REALTY T~SFER TAX. VERIFICATION MARK HIINKLE hereby states that he is V.P. of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN - NOT FOUND ~ASE NO: 2001-03062 P 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS HOLLY JOEL N ET AL R. Thomas Kline duly sworn according to inquiry for the within named defendant, HOLLY JOEL N unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , NOTICE ,Sheriff or Deputy Sheriff, who being law, says, that he made a diligent search and DEFENDANT but was He therefore returns the the within named DEFENDANT HOLLY JOEL N DEFENDANT HAS CLAIMED BANKRUPTCY SEE ENCLOSED COPY W/FILE NO. Sheriff's Costs: Docketing 18.00 Service 10.54 Not Found Return 5.00 Surcharge 10.00 .00 43.54 NOT FOUND , as to Sheriff of Cumberland County FEDERMAN & PHELAN 05/24/2001 Sworn and subscribed to before me this 3~~-~ day of 7k~ ~2~/ A.D. ProthOnotary ' ~o.M u~' United States Bankruptcy Court Middle District of Pennsylvania I Voluntary Petition Holly, Joel ~, lloll~, Tania M. All Other Na~es ust~ by the Dcblor m the last O yea~ All Other Names used by thc Joint Debtor m me las~ 6 yea~ 160-6Z-8160 Street Address o( Bebtor t?,[o & ~reet, Ci~. State ~ Z~p Codex Ma~[mg Address o~Dcbtor (if~ffcren~ ~om s~eet ~ddress); Sac ~e¢/Fax I D. No. (ifmo,'¢ thzn one, 5~te all): 173-~6-900Z 504 Hermnn Ave. Lo~oyn~, PA 17043 Coun~ Of ~¢~dcnce or u f tile Pnncip~l Pl~ce of Baseness; Cumberland Mading Addrcsl of Join~ Debtor (if Oifferen~ ~om slrect address): LocaUon o/'Prim:lpal Assets oFBusmcss Debtor Informatlo~[[~o Dabber (~heck tho Applicable Boxes) 1, 01 0278b 0 C',)~uro,,~ ~ $~ockhrokcr Chapter or Section or Bankruplcy Code Under t,~,hieh Ihe Pelitioo [1~ Fllt4 (Che~ one Cha~ter' ~ Chapteril Chapter 9 ~ Chaplet [2 TNI5 5P,~CEIS FOE CObR7 LS~ONLY MAY 23 2~I 15:18 '7172558D42 PAGE.~2 SHERIFF'S RETURN - .CASE NO: 2001-03062 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND EMC MORTGAGE CORPORATION VS HOLLY JOEL N ET AL Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDi~NT ,Sheriff or Deputy Sheriff, who being search and HOLLY TANIA M unable to locate Her COMPLAINT - MORT FORE NOTICE in his bailiwick. the within named DEFENDANT DEFENDANT HAS CLAIMED BANKRUPTCY SEE ENCLOSED W/FILE NO. Sheriff's Costs: Docketing 6.00 NOT FOUND RETURN 5.00 Affidavit .00 Surcharge 10.00 .00 21.00 but was He therefore returns the , HOLLY TANIA M , NOT FOUND , as to Sheriff of Cumberland County FEDERMAN & PHELAN 05/24/2001 Sworn and subscribed to before me this 30-~ day of ~ ~7 A.D. notary "-~'3~'~ United 5taLes Bankruptcy Court Middle District of Pennsylvania I Voluntary Petition Nam= OF D~blor (tFindividaaL ca:er Last. First. M,ddle]: Name oF Joi~ O~b:o? (gpous~(Laar. Fi~sL M~ddl~) Hnlly, Joel N, l]ollyl Tanla M. Tax I D No. (i£ more than one. state all) 160-62-1i 160 Address. o(D~btor INa & ~rcet, Ci~, Sta~ & 2~p Adares~ Or Deb[or (if differ~m ~am a~e~t addresa): 173-~6-000] Sttcel AdMrcss o£ Jmnt Debtor (No. & Slreet, Cily, S~lc & Z~p CoaeL 504 Herman Ave. Lumoyn~, PA 17043 Coun~ of Rcsidcnc~ or ur :lw Pnnmp~l Place Of Business; Cumberland Mading Addrc~ or Joint Debtor (ifaiffertnt ~om street address): LocaUon o£Prmclpal Assets oFBusmess Dcbler - informatioD~[[;~th" Dablor {~heck tho Applicable Boxes) 1,, 01 O2 786 Chapter or Section ar Bankrupley Code Under x~ hich Ihe Pti.ion i~ Filed {C'he~ one box) ChaN~r ' ~ Chapter I~ ~ Ch,~p~er I l Chaplet g ~ Cha0tcr [ ~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION EMC MORTGAGE CORPOILATION 6000 ATRIUM WAY, MT, LALrREL, NJ 08054 Plaintiff TERM JOEL N. HOLLY TANIA M. HOLLY 504 HERMAN AVENUE, LEMOYNE, PA 17043 Defendant(s) CUMBERLAND COUNTY 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, We horeby corf y within to be a true and correct copy of the original filed of record FEDERMAN AND PHELAN Loan #:0010771731 CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Tt:RJE COPY FROM RECORD T~ ~1~~. Plaintiff is EMC MORTGAGE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ' 08054 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, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1427, Page 63. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 5/1/01 (Per Diem $7.95) Attorney's Fees Cumulative Late Charges 1/12/98 to 5/1/01 Cost of Suit and Title Search Subtotal $46,475.61 2,424.75 800.00 132.93 550.00 $50,383.29 Escrow Credit 0.00 Deficit 773.09 Subtotal $ 773.09 TOTAL $51,156.38 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 true 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 $51,156.38, together with interest from 5/1/01 at the rate of $7.95 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM 2oo FORECLOSURE TO: Joel N. Holly' 203 Market Street New Cumberland, PA 17070 Tania M. Holly 203 X'larket Street Ne~'~ Cumberland, PA 17070 Joel N. Holly $04 Herman .Avenue Lemoyne, PA 17043 Tania M. Holly 504 Herman Avenue Lemoyne, PA 17043 THIS FI~M 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 mort~aee on your home is in default and the lender intends to foreclosure Soecific information about the nature of the default is provided in the an:ached pa~es. 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 hek), you must MEET WITH A CONSUMER CREDIT COL%4SELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice ;Mth '~ou when ~,ou meet the Counselino, The name. address and phone number of Consumer Credit Counselin~ Azencies serving ,,'our Coum'~ are listed at the end of this Notice. If you have any questions, you ma,,' call the Pennsylvania Housin¢ Finance Aaencv toll free at 1-800-342-2397. (Persons with impaired hearing can call (717~ 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPOR. TANCIA, 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 PARak UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDESALVARSUCASADELAFERDIDA DELDERECHOAREDIMARSUHIPOTECA. STAT£MENTS OF POLIC~ HOMEOWNER'S NAMERS): Joel N. Holly and Tania M Holly PROPERTY ADDRESS: 203 Market Street, New Cumberland, PA 17070 LOAN ACCT NO: 0010771731 ORIGINAL LENDER: Cendant Mortgage Corporation, f/l~a PHH US Mortgage Corporation CURRENT LENDEIL SERVICER: Cendant 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 WITH THE PROVISIONS OF THE HOMEOXXNER'S EMERGENCY MOR1-GAGE ASSISTANCE ACT OF 1983 ITHE "A.C'F'). YOU 5,1AY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOLR DEFAULT HAS BEEN CAUSED BY CIRCUMSFANCES 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 temporau' stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end ofthis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. [FYOU 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 with one of the consumer credit counseling agencies listed at the end of this notice the lender ma,, NOT take action against you for thirty 130) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the counw in which the oroperw is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your det'ault./ If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Pro,am. To do so. you must fiI1 out. sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they v, ill assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. 1F YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON-Available funds for emergency mortgage assistance are very, limited. They will be disbursed by the Agency under the eligibiliD criteria established by the Act The Penns,,.Ivania Housing Finance Agency has sixt~. (60) da)s to make a decision at, er ~t recep,¢s 3our application. During :hal tm~c. no i'breclosure proceedings will be pursued against you if you ha',e met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on .,,our application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUI~TCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgao~e Assistance,) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin2 it up to datel. NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on ~our properr5, located at: 203 Market Street. New Cumberland, PA 17070 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE M{ . FHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past ~uc. Start/End: 8/1/00 thru 3/1/01 at $413.91 per month. Monthly Payments Plus Late Charges Accrued $3.429.44 NSF: $0.00 Inspections: S0.00 Other: $30.45 ISuspense): SO.00 Total amount to cure default $3,459.89 B. YOUHAVEFAILEDTOTAKETHEFOLLOWINGACTIONS(DonotuseifnotapDlicablet: N:A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. WHICH IS 53,459.89. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURiNG THE THIRTY (30) DAY PERiOD. Payments must be made either by cash. cashier's check, certified check or money order made payable and sent to: CENDANT MORTGAGE COMPANY, 6000 Atrium Way, Mount Laurel, NJ 08054, attention: Collections Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not a~licab[e.) 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 ri~,hts 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 attorney to start legal action to foreclosure u¢on your morWa~e property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property, will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquenc3 before the lender begins legal proceedings against you, you will still be required to pay the reasonable anorney's fees that were actually incurred, up to $50.00. However. if legal proceedings are started against you. you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00 Any attorney's fees will be added to the amount to the lender, whmh may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pav attomev's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri2ht to cure the default and orevent the sale at any time un to one hour before the Sheriff's Sale. You may do so by oavine the total amount then past due. plus an,, late or other charees then due. reasonable artornes's r~es and co,ts connected ~ith the foreclosure sale and an,, other costs ,.onnected with the Shcrift'~ Sale as specified in writin~ b,, the lender and by ~erformino_ any other rec~uirements under the mormao-e. Curing .',our default in the manner set forth in this notice ~il[ restore .'.our mortgage to the same posit~on as it'.~ou h.td ne~er defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-h is estimated that the earliest date that such a Sheritt's Sale of the mortgage property, could be held would be approximate(', SIX (6) MONTHS fi.om the date or' this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you betbre the sale. Of course. the amount needed to cure the default will increase the longer you wait. You may find out at an.,, time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: CendantMortgage Corporation 6000 Atrium Way Mount Laurel NJ 08054 (800) 257-0460 EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff% Sale will end your o~nership of the mortgaged property, and your right to occupy it. If you continue to live in the property, after the Sherifffs Sale. a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You ,may or X__may not (CHECK ONE) sell or transfer ,','our home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requiremem~ 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 OCCURd~ED, 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 DGCUMENT$ · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very, truly yours, CENDANT MORTGAGE CORPORATION Cc: Cendant Mortgage Corporation An:n: Collections Dept. Mailed by 1" Class mail and by certified Mail No: Jl(.4ijj ii-.l· ~:1 ii D4 l'-Iil il I I I DI'4i 71O6 4575 ~ ~ ~!77~ 7t06 4575 1294 Account No.: 001077173 I 7106 4575 1294 29.41] 4789 7106 4575 1294 29.-9fl ~796 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) (5701320-0587 F',XiS-0)322-2197 CLINTON COUNTY State College, PA 16801 {814) 238-3608 FAX(814) 238-3009 CCCS of Northeastern P& 201 Basin Street Williamsport. P& 17703 (570) 323-(~627 FAX (570} 323-6026 3I W Market Street POB 1127 Wilkes-Barre, PA 18702 (570/82! -0837 or (800) 022-9537 FAX/570) 821-1785 COLUMBIA COUNTY 103 ~.mber Lane Wilkes-Barce. PA 18702 (570) 826-!)5 I0 or (800) 822-0359 FAX (570) 829-1665--tCa[I Before Paxing) (570) 455-4994 Hazeltown FAX (570) 455-508 I--(Call getbre Faxing) (570) 8364090 Tunkhannoek Booker T Washington Center 1720 Holland Center CRAWFORD COUNTY John F Kennedy Center. [nc. 2021 East 20m Street CCCS of Western Pennsylvania, [nc. 2000 Linglestown Road Harrisburg. PA 17102 (717) 541-1757 CUMBERLAND COUNTY 1400 Abmgton Executive Park Suite I Clarks Summit, P~, 1841 I (570) 58%9 [ 03 or I g00 ) 922-053- FAX/570) 587-9134-9135 Greater Erie Community Action Commmee 18 West 9a' Street Erie. PA 16501 (814} 45q-4581 FAX (814) 456-016l Shenango Valley Urban League, Inc 601 Indiana Avenue (412)981-5310 Financial Counseling Services of Franklin 31 West 3'a Street Waynesboro. PA 17268 (717) 762-3285 Urban League of Metropolitan Harr/sburg N Od' Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corran of the Capital Region 15 l 4 DeiTy Street Hamsburg. PA 17104 (717) 232-9757 FAX (717) 234-2227 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO, 13, JUNE $, 1999 ALL THAT CERTAIN Diece or parcel of land situate in the Borough of New Cumberland, CumDerland County, Pennsylvania, more particularly bounded and described a~ follows, to wit: BDGINNING a~ a poin~ oh thm Eastern side of Market Stremt, a distance Of twenty-five (25) feet North from the Northern side of Second SZreet; thence Nor5h along the said Eastern side of Marke5 Street, e distance of twenty-five (25) feet to the dividing line between Lots Nos. 5~ and ~4; thence ~ast by t~e maid last mentioned dividing line, a distance of one hundred fifty (ZS0) fee~ to the line of a public a~!ey; ghence Sou~h by the same, a distance of twenty-five (25) fee~ to a point; thence wes~ and at ri~h~ angles wi~h ~he said alley, through ~he center or partition wall of a double ~wo and one-half s~ory framm dwellin~ ho%~se, a distance of one hundred fifty (150) fee~ to the Eastern side of Market Street, ~he place of BEGINMI~?G. BEING ~h~ Northern one-half of Lo~ No. 54 as marked on the General Plan of the Bcrough of New Cumberland. }lAVING THEREON ERECTED a ~wo and one-half story frame dwelling house and outbuildings known and numbered as 203 Market Street, New Cumberland, Pennsylvania. BEING T~E SAMB PREMISES which Elmer J. Slaseman by his deed da~ed October 1, 1995 and recorded October 18, 1995 in the office of ~he Recorder of Deeds for Cumberland County in Deed Book 129, Page granted a~d Conveyed t~ Nancy H. TMI$ IS A CONVEYANCE BETWEEM MOTHER TO SON A~rD DAUGHTER-iN-LAW kND IS EXEMPT FROM PENNSYLVANIA R~ALTY T~$FER VERIFICATION MARK HIINKLE hereby states that he is V.P. of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification. and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION EMC MORTGAGE CORPORATION 6000 ATRIUM WAY, MT. LAUREL, NJ 08054 Plaintiff TERM No. OI JOEL N. HOLLY TANIA M. HOLLY 504 HERMAN AVENUE, LEMOYNE, PA 17043 Defendant(s) CUMBERLAND COUNTY 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. We hereby certify the within to be a true and cbrrect copy of the odglnal filed of record FEDERMAN AND PHELAN Loan #:0010771731 CLrlVIBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 TRUE COPY FROM RECORD ia T~wl~y wl'~rtN~f, I h~re unto ~t fl~/hmflll T#ia ,,?lr"~-da~/ -' rr?~_ Plamtiff is EMC MORTGAGE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: JOEL N. HOLLY TANIAM. HOLLY 504HERMANAVENCE, LEMOYNE, PAI7043 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, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1427, Page 63. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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/I/00 through 5/1/01 (Per Diem $7.95) Attorney's Fees Cumulative Late Charges 1/12/98 to 5/1/01 Cost of Suit and Title Search Subtotal $46,475.61 2,424.75 800.00 132.93 550.00 $50,383.29 Escrow Credit 0.00 Deficit 773.09 Subtotal $ 773.09 TOTAL $51,156.38 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 true 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 $51,156.38, together with interest from 5/1/01 at the rate of $7.95 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: March 27, 2001 FORECLOSURE TO: Joel N. Holly' 203 Market Street New Cumberland, PA 17070 Tania M. Holly 203 %larket Street New Cumberland, PA 17070 Joel N. Holly 504 Herman Avenue Lemoyne, PA 17043 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 mort~ao, e on your home is in default and the lender intends to tbreclosure. Specific intbrmation about the nature of the default is provided in the attached Da~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEN,lAP) may be able to helo to save ',our home. This Notice exolains how the proeram works. To see if HEMAP can helo. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when xou meet the Counselin~ Aaenc',. The name. address and phone number of Consumer Credit Counselino-. A~encies servin~ your Count; are listed at the end of this Notice. If you have any questions, you ma,,' call the Permsvlvania Housin~ Finance A,,encv toll free at 1-800-342-2397. (Persons with impaired hearino, can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. S[ NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA DNA 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. STATEMENTS OF POLIC~, HOMEOWNER'S NAME(S): Joel N. Holly and Tania M. Holl? PROPERTY ADDRESS: 203 Market Street, New Cumberland, PA 17070 LOAN ACCT NO: 0010771731 ORIGINAL LENDER: Cendant Mortgage Corporation, fflOa PHH US Mortgage Corporation CURRENT LENDERa'SERVICER: Cendant 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 WITH THE PROVISIONS OF I-HE HOS, IEO~.'~NER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 ITHE"ACT"). 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 MORTG ~.GE PAYMENTS. AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act. you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (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',ou meet wdh one of the consumer credit counseling agencies listed at the end of this notice the lender ma,, NOT take action against you for thirty 130) davs after the date of this meeting. The names, addresses and telephone numbers of desi~'nated consumer credit counselin~ agencies for the counW in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) [f>ou have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they v,i[I assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibilit3, criteria established b.s the Act. The Penns5 Ivania Housing Finance Agency has si×ty (60) da.ss to make a decision after it rece~'~es 3our application. During that tm~e. no tbrectosure proceedings will be pursued against you if you ha~,e met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUI~TCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it ut) to da(el. NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your proper'q: located at: 203 Market Street. New Cumberland, PA 1'70'70 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE :',V · FHLY MORTGAGE PAYMENTS for the following months and the tbllowing amounts are now past au~:. StarvEnd: 8/I/00 thru 3/1/01 at $413.91 per month. Monthly Payments Plus Late Charges Accrued $3,429.44 NSF: $0.00 Inspections: $0.00 Other: $30.45 (Suspense): $0.00 Total amount to cure default $3,459.89 B. YOU HAVE FAILED TO TAKE THE FOLLOV~ lNG ACTIONS (Do not use if not aal~licablel: HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. WHICH [S $3,459,89, 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 payable and sent to: CENDANT MORTGAGE COMPANY, 6000 Atrium Way, Mount Laurel, NJ 08054, attention: Collections Department You can cure any other default by taking the following action within THIRTY (30) DAYS &the date of this letter. (Do not use if not a~r~licable.) 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 morto, ao~e debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legaI action to foreclosure upon your mort~,aee erovertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property, will be sold by the Sheriffto pa? off(he mortgage debt. If the lender refers your case to its attome~,s, but you cure the delinquenc.~ before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50,00. However, if legal proceedings are started against you. you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00 Any attorney's fees will be added to the amount to the lender, whmh may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be recluired to ~av attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure ~rnceedings have begun, vou still have the rt,,ht to . cure the default and prevent the sale at any time up to one hour bei'bre the SherifFs Sale. You may do so bv ~avin~ the total amount then past due. Cdus an'~ late or other charles then due. reasonable an:orne,. 's t~es and costs connected v, ith the tbreclosure sale and an~ other costs connected with the Sherit't', Saic as specified in writine b'~ the lender and bv ~erformine any other recmirements under the mortgage Curing Four default in the manner set forth in this notice x~it[ restore ?our mortgage to the same position as had ae',er defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a SheritFs Sale of the mortgage property, could be held would be approximatel? SIX (6) MONTHS from the date this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course. the m'noum needed to cure the default will increase the longer you s~ait. You ma.,,' find out at an.,, time exactl? what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Cendant Mortgage Corporation 6000 Atrium Way Mount Laurel, NJ 08054 (800) 25?-0460 EFFECT OF SHERIFF'S SALE-You should realize that a SherifFs Sale will end your ownership of the mortgaged propemy and Four right to occupy it. If you continue to live in the property, after the Sheriff's Sale. a lawsuit to remove you and your t~rnishings and other belongings could be star~ed by the lender at any time. ASSUMPTION OF MORTGAGE-You may or__X__may not (CHECK ONE) sell or transfer .'.'our home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's tees and cost are paid prior to or at the sale and that the other reqmrement~ 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 FNSTITUTION 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 [F 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 ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very. truly yours, CENDANT MORTGAGE CORPORATION Cc: Cendant Mortgage Corporation At, n: Collections Dept. Mailed by 1" Class mail and by certified Mail No: 7106 4575 1294 29~0 377~ Account No.: 001077t73 I 7106 4575 1294 29~0 ~789 8 =1~1.1 ::1;6."~ ;i =[~e] ;Im 4575 ~ ~ ~ PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV, $/003 2138 Lincoin Street PO Box 1328 Wgliamsport, PA [ 7703 CLINTON COUNTY CCCS of Northeastern PA 201 Basin Street Williamsport. PA ', 7703 (570) 323-6627 FAX (5701323-6626 3I W Market Street POB 1127 Wilkes-Barre. P{ 18702 (570/821-0837 or i 8001 ~322-9537 FAX (570) S2[-[785 COLUMBIA COUNTY Commission on Economics Opportunity of Luzeme County Booker T Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX/81435749 CRAWFORD COUNTY John F Kennedy Center. [nc. 202I East 20a' Street Er;e, PA loStO (814) 898-0400 FAX (814) 898- 1243 CCCS of WestemPennsylvania, lnc. 2000 Linglesto;vnRoad Hamsburg. PA t7102 (7173541-1757 CUMBERLAND COUNTY Urban League of Metropolitan Hamsburg N Oa' Street Harrisburg, PA 17101 (717) 234-5925 FAX (7173234-9459 Commumty Action Camm of the Capital Region I5ll Derry Street Hamsburg, PA 17104 (7173232-9757 FAX (7173234-2227 1400 Abington Executive Park Suite I Clarks Summit. P~, 1841 I (570) 58'-,) [ o3 or I SUO) 922-953- FAX {570,587-9134-9135 Greater Erie Community Action Committee 18 West 9u' Street Erie. PA 16501 (8143459-458l FAX (814) 436-016I Shenanga Valley Urban League. lnc 601 Indiana Avenue Farrcll, PA 16[21 (4123981-5310 Financial Counseling Services or'Franklin 31 West 3,4 S~eet Waynesboro. PA 17268 (7173 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 (7173243-3818 FAX (717) 731-9589 Adams County Housing Authority 13%143 Carlisle St. Gettysburg, PA 17325 (7173334-t518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE $, 1999 ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described es 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 sid~ of Second Street; thence North along the eaid Eastern side of Marke5 S=reet, a distance of twenty-five (25) feet to the dividing line between Lo=m Nos. 53 and 54; thence East by the said last mentioned dividing line, a distance of one hundred fifty (150) feet to the line of a public alley; t~lence Sou~h by the same, a distance of twenty-five (25) feet to a point; thence west and a~ right angles wi=h the said alley, through the center or partition wall of a double ~wo and one-half s=ory frame dwelling ho%%se, a distance of one hundred fifty (150~ feet to the Eastern side of Market Street, ~he place of BEGINNING. BEING the Northern one-half of Lot Nc. 54 as marked on the General Plan of the Borough of New Cu~erland. HAVING T~EREON ERECTED a two and one-half s=ory frame dwelling house and outbuildings known and numbered as 203 Market Street, New Cumberland, Pennsylvania. BEING THE SAME PREMISES which Elmer J. Slaseman by his deed da~ed October 1, 1995 and recorded October 18, 1995 in the office of ~he Recorder of Deeds for Cumberland County in Deed ~ook 129, Page 912 ~ra~ted and conveyed ~o Nancy H. Slaseman. THIS IS A CO~IVEYANCE BETWEEN MOTHER TO SON AND DAUGHTER-IN-LAW IS EXEMPT PROM ~NNSYLVANIA REALTY TP~ANSPER VERIFICATION MARK HIINKLE hereby states that he is V.P. of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiffin this matter, that he is authorized to take this Verification. and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: FEF~ERMAN /iNg) PttELAN, LLP By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff EMC MORTGAGE CORPORATION VS. JOEL N. HOLLY TANIA M. HOLLY Plaintiff Defendant(s) Court of Common Pleas CUMBERLAND County No. 01-3062-CIVIL TERM PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, upon payment of your costs only. A Chapter 7 bankruptcy was filed on MAY I 1,2001, which invalidated the complaint. Date Frank Federman Attorney for Plaintiff