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Home My WebLink About02-4863HARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, as Trustee for Access Financial Mortgage Loan Trust 1996-4 12650 Ingenuity Drive Orlando, FL 32826 Plaintiff Harry C. Eckrich, Jr. Beryl Miller-Eckrich 5121 Kylock Road Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County COMPLAINT IN MORTGAGE FORECLOSURE YOU }LAVE 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04863 P COMMOMWEALTH OF PENNSYLVA/~IA: COI/NTY OF CL~4BERLkND CHASE M3~NHATT~2q BANK THE VS ECKRICH HARRY C JR ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ECKRICH HARRY C the DEFENDANT , at 1705:00 HOURS, at 5121 KYLOCK ROAD MECH3~NICSBURG, PA 17055 HARRY ECKRICH JR on the 9th day of October , 2002 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this /V ~ day of ~ J~ A.D. ! ~pro~ohota~Y So Answers: R. Thomas Kline 10/10/2002 MARK UDREN By: Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2002-04863 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK THE VS ECKRICH HARRY C JR ET AL REGULAR DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ECKRICH BERYL MILLER the DEFENDANT , at 1705:00 HOURS, on the at 5121 KYLOCK ROAD 9th day of October 2002 MECHAiqICSBURG, PA 17055 HARRY ECKRICH JR by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /7 ~ day of ['~ ~'~,. · ~2~o .iL, A.D. ~P~othonotary So Answers: R. Thomas Kline 10/10/2002 NLARK UDREN By: Deputy Sheriff AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DOb-DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Keystone State Mortgage Corp. Assignee: Norwest Bank Minnesota, National Association as Trustee Recording Date: 3/2/94 Book: 467 Page: 623 Assignor: Norwest Bank Minnesota, National Association as Trustee Assignee: The Chase Manhattan Bank, as Trustee for Access Financial Mortgage Loan Trust 1996-4 Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 5121 Kylock Road MUNICIPALITY/TOWNSHIP/BOROUGH: Upper Allen Township COUNTY: Cumberland DATE EXECUTED: 2/22/94 DATE RECORDED: 3/2/94 BOOK: 1199 PAGE: 264 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; by failing or refusing to pay other charges, if any, indicated below. (b) or 9/3/02: The following amounts are due on the said Mortgage as of Principal of debt due and unpaid Interest at 9.15% from 1/28/02 to 9/3/02 (the per diem interest accruing on this debt is $30.67 and that sum should be added each day after 9/3/02) $121,591.71 6,683.62 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges (monthly late charge of $52.84 should be added in accordance with the terms of the note each month after 9/3/02) Suspense Credit Pre-Petition Credit Fees Billed Attorneys Fees (anticipated and actual to 5% of principal) TOTAL 821.55 (388.71) (882.18) 122.72 6,079.59 $134,558.30 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $134,558.30 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J,~ Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Kylock Road a't the dividing line between Lots Nos. 87 and 88 on the hereinafter mentioned Plan of Lots; thence along the southern Side of Kylock Road, North Seventy-one (71) degrees Fifty (50) minutes East s distance of One Hundred Twenty-rive (125) feet to a point at the dividing line between Lots Nos. 86 end 87 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South Eighteen {181 degrees Ten (10) minutes East, a distance of One Hundred Sixty (160) feet to the right of way line of the Pennsylvania Turnpike; thence along said right of way line, South Seventy-one (71 ) degrees Fifty (50} minutes West, a distance of Thirty. nine and Twenty-nine hundredths (3g.29) feet to a point; thence still continuing along the Pennsylvania Turnpike right of way.line, South Seventy-two (72) degrees Two 12) minutes West, a distance of Eighty-five and Seventy-one hundredths (85.71) feet to the dividing line between Lot Nos. 87 and 88 on the hereinafter mentioned Plan of Lots; thence along said dividing line, North Eighteen {18) degrees Ten (10) minutes West, a distance of One Hundred Fifty-nine and Seventy hundredths {159.70} feet to the southern side of Kylock Road THE PLACE OF BEGINNING, BEi'NG Lot No. 87 on Plan 9 of Fair Oaks as recorded in Plan Book 19, Page 60, Cumberland County records. HAVING THEREON ERECTED a brick and aluminum split-level house known and numbered as 5121 Kyleck Road, MechanicSburg, PA. OCWEN August 01, 2002 *0001522180* Ha_ny C. Eckrich Jr 5121 Kylock Road Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official not'tee that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can hem nun. you must MEET WITH A CONSUMER CREDIT COUNggJ JNG AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling anencv. The name. address, and ohone number of Consumer Credit Counselin~ A~encies servitor -'our county are listed at thc end oftlfis Notice. If you have any questions, you may call the Peen~¥1vania Housing Finance A~encv tell free at 1-800-342-2397 (oersens with immired 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 expl~m 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 Notificaion en edjunto es de suma impoOancia, pues afecta su dcrecho a continuar viviendo en su casa. Si no comprende elcontenido de esta notificion obtenga una txaduccion immediatamente llamando esta agen~m (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser ¢legible para an prestamo pur el programa llamedo "Homeowners' Emergency Mortgage Assistance Program" al coal puede salvar su casa de la perdida del derecho a redimir Su hipoteca. HOMEOWNER'S NAME(S): Harry C. Eckxich Jr PROPERTY ADDRESS: 5121 Kylock Road Mechanicsburg, PA 17055-0000 LOAN ACCOUNT 3368958 CURRENT SERVICER Ocwen Federal Bank FSB You may be eligible for financial assistance which can save your home from foreclosure and helo you make'future mortea~e navments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: if your default has been caused by cimumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments and if you meet other eligibility requirements established by the Penmylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosxtre on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and at~end a "face-to-face' meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within tho next thirty (30~ days. IE YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOU[ MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALEED "HOW TO CURE YOUR MORTGAGE DEL,~ULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. EXHIBITA Page two 3368958 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days at, er the date of this meeting. The names, addresses and telenhone numbers of desi~mated consumer counseling, aeencies for the county in which your prooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in 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 Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postanarked 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 fimds for emergency mortgage assistance are vezy limited. Theywilibe disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY 'rile FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES 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 un to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at Kylock Road Mechanlesburg, PA 17055-0000 IS SERIOUSLY IN DEFAULT because: 5121 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 02/28/2002: Co) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 07/31/2002: $6,340.86 $768.7l ~ $110.00 $388.71 $6,830.86 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of tlxis letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $6,830.86, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING TIlE THIIUTY (30) DAY PERIOD. Payments must be made either by cash, cashier's cheek, certified cheek, or money order made payable t~ Ocwen Federal Bank FSB at PO BOX 514577, LOS ANGELES, CA 90051-4577. Page three 3368958 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within TI-URTY (30) days of this letter date, the leader intends to exercise its tight to accelerate the mortgage debt. This 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 amount of default is not made within THIRTY (30) days of the letter date, Oewen Federal Bank FSB also intends to instruct their attorneys to start a legal action to foreclose uvon your mortgaged propea3,. IF TI-I~ MORTGAGE IS FORECLOSED UPON-. The mortgaged propet'od will be sold by the Sheriffto pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30)DAY period, you will not be required to pay attorneys' 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 SI-I~RrgE'S SAI ,E- If you have not cured the default within the THIRTY (30) day period and foreclosure procaedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and ensts connected with the foreclosure sale and any other ensts connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months fi:om the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. ttOW TO CONTACT TltE LENDER Name of Lender: Ocwen Federal Bank FSB Address: 12650 Ingenuity Drive, Orlando, FL 32826 Telephone Number: (800) 746-2936 EFFECT OF SHERIFF'S SAI,E- You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGItT To sell the property to obtain money to pay offthe mortgage debt, or borrower money from another leading 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. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence ora 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. Page four 3368958 Ocwen Federal Bank FSB is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Ocwen Federal Bank FSB Ocwen Federal Bank FSB, P.O. Box 24737, West Palm Beach, FL 33416 Phone (800) 746-2936 OCWEN August 01, 2002 *0001522181* BerylMillerEckrich 5121KylockRoad Mechanicsburg, PA17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Pmgxam (HEM.aP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can heln you. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE, DATE OF THIS NOTICE. Take this Notice with you when you meet with the counselina agency. The name. address, and ohone number of Consumer Credit Counselin~ Aaencies servin~ your counW are listed at the end of this Notice. Il' you have any auestiens, you may call the Pennsylvania Housin~ Finance A~encv toll free at 1-800-342-2397 (oersons with im~alred hearim, 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 Notificaion en adjunto es de suma importaocia, pues afecta sa derecho a continaar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencin (Pennsylvania Homing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo per el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de in perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): Beryl Miller Eckrich PROPERTY ADDRESS: 5121 Kylock Road Mechanicsburg, PA 17055-0000 LOAN ACCOUNT 3368958 CURRENT SERVICER Ocwen Federal Bank FSB You may be eligible for financial assistance which can save your home from foreclosure and help you make future laOrtga~, paYmentsify~u~~mp~ywiththepr~visi~n~ftheH~me~wners~Emergen~yM~rtgageAssistanceAct~f 1983 (the"Act"). You may be eligible for emergency mortgage assistance: if your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments and if you meet other eligibility requirements established by the Penmylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the 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' aneeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within th~ laext thirty (3fi) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOU1 MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAI.I ~ED "HOW TO CURE YOUR MORTGAGE DEI~.ULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. Page two 3368958 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with ona of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telet~hone numbers of desienated consumer counseling a~encies for the county in which your t~ronertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in 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 fight to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to- face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTI-~R 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 eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY ~ FILING OF A PETITION IN BANKllUPTC¥, Tlt~ FOLLOWII~G PA~T OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMI~T TO COLLECT ~ DEBT. Of you have filed bankruptcy you can still apply for Emergency 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 property located at Kylock Road Mechanicsburg, PA 17055-0000 IS SERIOUSLY IN DEFAULT because: 5121 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the folbxMng amounts are now past due: (a) Monthly payments from 02/28/2002: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 07/31/2002: $6,340.16 $768.11 $110.~O $388.11 $6,830.16 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date offs letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WI-IICH IS $6,830.86, PLUS ANY MORI'GAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE TI-I~'TY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable t~ Ocwen Federal Bank FSB at PO BOX 514577, LOS ANGELES, CA 900514577. Page three 3368958 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within TI-~RTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This 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 mount of default is not made within THIRTY (30) days of the letXer date, Oewen Federal Bank FSB also intends to instmct their attorneys to start a legal action to foreclose unon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged propex~y will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actuully incurred evan if they are over $50.00. Any attorne~,'s fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30)DAY ~eriod. you will not be reaulred to pay attorneys' 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 SAI.E- 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 prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due pins any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default intha manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSII3LE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fred out at any time exactly what the required payment or action will be by contacting the lender. ltOW TO CONTACT TIlE LENDER Name of Lender: Ocwen Federal Bank FSB Address: 12650 Ingenuity Drive, Orlando, FL 32826 Telephone Number: (800) 746-2936 EFFECT OF SHERIFF'S SALE- You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property at, er the shafiff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUIVIFTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE TIlE RIGHT To sell the property to obtain money to pay offthe mortgage debt, or borrower money from another leading 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. (However, you are ~ot entitled to this right more than three times in a 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. Page four 3368958 Ocwen Federal Bank FSB is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Ocwen Federal Bank FSB Ocwen Federal Bank FSB, P.O. Box 24737, West Palm Beach, FL 33416 Phone (800) 746-2936 VERIFICATION belief and the source reports of Plaintiff's this statement herein Pa.C.S. Section 4904 authorities. Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and of his information is public records and agents. The undersigned understands that is made subject to the penalties of 18 relating to unsworn falsification to Mar~ren, ESQUIRE & ASSOCIATES MARK J. UDREN & ASSOCIATES BY: Mark J, Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, as Trustee for Access Financial Mortgage Loan Trust 1996-4 338 S. Warminster Road Hatboro, PA 19040 Plaintiff Harry C. Eckrich, Jr. Beryl Miller-Eckrich 5121 Kylock Road Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLF~S i CIVIL DIVISION · Cumberland County : MORTGAGE FORECLOSURE 02-4863 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANS~IEP~ID_~SSMENT~_0F~DAMAGES TO THE PROTHONOTARY: enter judgment in favor of the for failure to file an Answer Kindly Defendant(s) within 20 days from service thereof and for foreclosure and sale of mortgaged premises, and assess Plaintiff's damages as follows: Plaintiff and against the to Plaintiff's Complaint the As set forth in Complaint Interest Per Complaint From 9/4/02 to 11/26/02 Late charges per Complaint From 9/4/02 to 11/26/02 Escrow payment per Complaint From 9/4/02 to 11/26/02 $134,558.30 2,576.28 158.52 TOTAL $~137.2 ~3_ ~iQ I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. MA~K~.\UDREN & ASSOCIATES ~Ma~ ~, ~U~ren, ESQUIRE ~torney'-for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED PR~ PROTHY MARK J. UDREN & ASSOCIATES BY: Mark J, Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, as Trustee for Access Financial Mortgage Loan Trust 1996-4 Plaintiff Harry C. Eckrich, Jr. Beryl Miller-Eckrich. Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-4863 DATED: November 14, 2002 TO: Harry C. Eckrich, Jr. 5121 Kylock Road Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTHA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODHA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PER]DER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UNABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PAPA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTHA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIP, M IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~?: c : MARK J. UDREN & ASSOCIATES BY: Mark J, Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE CHERRY HILL, NJ 08034 856-482-6900 5OO The Chase Manhattan Bank, as Trustee for Access Financial Mortgage Loan Trust 1996-4 Plaintiff Harry C. Eckrich, Jr. Beryl Miller-Eckrich. Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-4863 DATED: TO: November 14, 2002 Beryl Miller-Eckrich. 5121 Kylock Road Mechanlcsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU RAVE FAILED TO 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 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 RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTP~A EN ESTADO DE REBELDIA POR NO RABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DIHERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MARK J. UDREN & ASSOCIATES BY: Mark J, Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, as Trustee for Access Financial Mortgage Loan Trust 1996-4 338 S. Warminster Road Hatboro, PA 19040 Plaintiff ATTORAIEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. :NO. Harry C. Eckrich, Jr. Beryl Miller-Eckrich. : 5121 Kylock Road : Mechanicsburg, PA 17055 Defendant(s) : 02-4863 AFFIDAVIT OF NON-MILITARY SERVICE COUNTY OF C'ct.-~"'~C~e,~O : SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Harry C. Eckrich, Jr. Over 18 As captioned above Unknown Defendant: Beryl Miller-Eckrich Age: Over 18 Residence: As captioned abqve ~ Employment: Unknown ~ N.~:' M~k J. Udren, Esq. ~ T~t~e: A~torney for Plaintiff Sworn to and subscribed ~C~ompany: Mark J. Udren & Assoc. before me this 26 day November~ , 2002 o[~ry KRISTEN ANNETTE PI.UCK NOTARY PUBUC OF NEW JERSEY CommL~lon F. xp#e$ 5/31/2~07 ~RK J. UDREN & ASSOCIATES BY: Mark J, Udren, Esquire ATT¥ I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, as Trustee for Access Financial Mortgage Loan Trust 1996-4 338 S. Warminster Road Hatboro, PA 19040 Plaintiff Harry C. Eckrich, Jr. Beryl Miller-Eckrich 5121 Kylock Road Mechanicsburg, PA 17055 Defendant (s) : ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 02-4863 TO: Beryl Miller-Eckrich 5121 Kylock Road Mechanicsburg, PA 17055 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, notified that a Judgment has been entered against you proceeding as indicated below. Prothonotary ~ Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCEP~NING THIS NOTICE PLEASE CALL: ATTORNEY Mark_J~,_~dr~n~ Es~3~r~e At this telephone number: ~56~482-6~ you are herek~ in the above MARK J. UDREN & ASSOCIATES BY: Mark J, Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, as Trustee for Access Financial Mortgage Loan Trust 1996-4 338 S. Warminster Road Hatboro, PA 19040 Plaintiff Harry C. Eckrich, Jr. Beryl Miller-Eckrich 5121 Kylock Road Mechanicsburg, PA 17055 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 02-4863 TO: Harry C. Eckrich, Jr. 5121 Kylock Road Mechanicsburg, PA 17055 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary _~ Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCEP~NING THIS NOTICE PLEASE CALL: ATTORNEY Mark_J~dr_en,__Emquire__ At this telephone number: MARK j. UDREN & ASSOCIATEs By: Mark j, Udren, Esquire ATTy I.D. NO. 04302 1040 N. KINGs HIGh-WAy, SUITE 500 CHERRy HILL, NJ 08034 The Chase Manhatt Trustee f~_ . an Bank, a~ ~ ~CCess Financi~ ~t~a%~ Logn Trust 19 - ~' ~armlnSter Road96 4 Hatboro, PA 19040 Plaintiff Harry C. Eckrich, Jr. Beryl Miller-Eckrich 'NO. 02-4863 5121 Kylock Road Mechanicsburg, PA 17055 ATToRNEy FOR PLAIITI'IFF 'COURT OF CON, wON PLEAs : CIVIL DIVISioN ~ CUmberland County MORTGAGE FORECLOSURE Defendant(s} TO THE SHERIFF: PRAEcI~E ~OR WRIT OF EXECUTION ISSUe Writ of Execution in the above matter: Amount due Interest From No~3Oer~2~DQ2 to Date of Sale Per diem @$30.67 (Costs to be added} MARK j. UDREN & ASSOCIATEs MARK j. UDREN & ASSOCIATEs By: ~ark j, Udren, Esq~ire ATTy i.D. NO. 04302 CHERRy HILL, NJ 08034 uS~ee ~or Access F' · as : COURT ~nancial - OF COMmoN PLEAs M°rtg~e Lo~n Trust 1996-4 : CIVIL DIVISION 338 S Warm~nster Road Hatboro, PA 19040 ~ Cumberland County ~ MORTGAGE FORECLOSURE Plaintiff Harry C. Eckrich, Jr. " Beryl Miller-Eckrich 'NO. 02-4863 5121 Kylock Road MechaniCSbur~, PA 1705S Defendant(s) ATToP~EY ~OR p.i~i~iFP TO THE SHERIFF OF CUmberland COLrNTY: To satisfy the judgment, interest and COsts in the above matter, are directed to levl/ Upon and sell the fOllowing described prOperty: 5121 Kylock Road Mechanicsbur~ ( Upper Allen Twp.) PA 17055 SEE LEGAL DESCRIPTION ATTACHED Amount due you Interest From to Date of ~ Sale Per diem ~$30.67 ~ (Costs to be added) Prothonotary Clerk Date COUI~T oF COMMON pLEAS NO 02-4863 The chase Mar~attan Bank, as Trustee for AcceSS Financial Mortgage L~an Trust ~996-4 HarrY C. Eckrich, Jr. Beryl Miller-Eckrich wKIT oF EXECUTION REAL DEBT~ INTEKEST to fro~ Date of sale ~ per diem @$30.67 cosTS pAID: p~oTHY s~E~IFF sTATUTOrY cosTS DUE pRoTHY- $~ pi~EMISES TO BE SoI~D: 51~1 Kylock ~o~ Allen TWp-) MechaniCSbUrg %u~-r suITE 500 cHEP~Y HILL, NJ 08034 (856) 482-6900 PA ~7055 ALL THAT CERTAIN tract or parcel of land and premises, UPPer Allen Township, Cumberland County, SitUate, ?Ying and being and described as follows, to wit: Pennsylvania. more particularly bOUnded BEGINNING at a point on the southern between Lots Nos. 87 a side of KyIock Road ~he Southern S~d~ ~ ~ ~d88o~ ~he her~- · . Ea~a ~/S~a~ce~°' ~Y'oc~ ~oad, Nor~h~'~[t~ ~ent,O,ed P'a,~ ~ ~e d~v~d,ng line between Lots No~f. One HUndred Twen ~Y-five {125) Fifty f50} minutes -'.~Y-One (71J degrees Lots; thence alOng ~6 and 87 on fee~ ~o Said dividing ~/~e, South E~ghteen ~8~ degrees Ten (10) minu~es t~::~u;:~/;~g~l~ thenerei~a,er~en~ioneda point at the ~/v'd/ng line ' - P/an of Lots; thence along ) feet ~o ~he right of wa- · . East, a distance of West, a distan~ ~ ~.. t Way llne South Say Y ,ne or the Penns . ~ ~ ~nlrty-nine an~ r -~nty-one (711 d~ ?va~la Turnpike. thence still con~inUjng along the Pennsylvania TurnPike right~'~ ~eet to a Seventy. two (72} degrees TWo {2~ ~inUtes West, a distance of Eighty-five and eet ~o the dividing line b~._~nty'°ne hundredths (8 way line. South and Seventy hundredths ~SD 70~ feet and Eighteen {~8~ degrees Ten (10~ minutes West. a distance~ said d~wdxng line, North · of One Hundred Fifty-nine PLACE OF BEG[NNiNG, to the southern S~de of ~Y[oc~ Road THE BEinG Lot No. 87 on Plan 9 of Fair Oaks a~ recorded Jn Plan ~ook 19. Page 60, CUmberland C°un CY records. HAVING THEREON ERECTED a brick and aluminum sPrit-level house known and numbered as 5 ~ 21 KWock Road, Mechaniesburg, PA. TITLE TO SAID PREMISEs IS VESTED IN MILLER-EC~IcH, HIS W WO~, AS u~ ...... IFE, By ~- ~Y C E ~ A ONE-~ar~ t.~~D FROM L~,a- >~CH, ~. ~ BER~ EC~IcH JR. ~ '~ z~TEREST IN o~'~ ~' M/LL~ ONE-~F ~IVID BERYL MILLER-EC~icH, oa~D PROPERTy ~ A SINGLE ENTIRETIEs r.,~-.. ED I~EREST ~,. HUSB~ ~ WIFE, ~RY PRoPERTy ID NO. ~*' ~D BOOK L ~ ~*'~z'S IN : 42-26-0242_020 ~-~o, PAGE 57. BEING ~O~ AS 5121 KYLOCK RO~, ~C~icSB~G, PA 17055. MARK j. UDEEN & ASSOCIATEs BY: Mark j, Udren, Esq~ire ATTy I.D. NO. 04302 1040 N. KINGS HIG~iWAy, SUITE 500 CHEREy HILL, NJ 08034 856-482-6900 COURT OE CO~oN PLEAs rus~ee for Access Financial ~ CIVIL Mortgage Loan Trust 1996-4 DIVISION 338 S. Warminster ROad Hatboro, PA 19040 Plaintiff Harry C. Eckrich, Jr. Beryl Miller-Eckrich 5121 Kylock Road Mechanicsburg, PA 17055 Defendant E Cumberland County ' MORTGAGE FORECLosuRE 'NO. 02-4863 ATToRNEy FOR PLAINTIFF CERTIFICATE Mark j, Udren, E~S~quire, hereby Sta= the Plaintiff in the ~OOVe-caotio~=ues that he is the attorney for subject to the provisions of= ~=u matter and that the premises are not Act 91 because it is: Sec. An FHA insured mortgage NOn-owner OCcupied Vacant Act 91 procedures have been fulfilled. Over 24 months delinquent. This Certification is made subject to the penalties of 4904 relating to Unsworn falsification to authorities. 18 Pa. C.S. . UDREN & ASSOCIATEs MAR/( J. UDREN & ASSOCIATES ~y: Mark J, Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, as Trustee for Access Financial Mortgage Loan Trust 1996-4 338 S. Warminster Road Hatboro, PA 19040 Plaintiff ATTOP-NEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Vo Harry C. Eckrich, Jr. Beryl Miller-Eckrich 5121 Kylock Road Mechanicsburg, PA 17055 NO. 02-4863 Defendant(s) : AFFIDAVIT PURSUANT TO RULE 3129.1 The Chase Manhattan Bank, as Trustee for Access Financial Mortgage Loan Trust 1996-4 Plaintiff in the above action, by its attorney, Mark J, Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 5121 Kylock Road, Mechanicsburg (Upper Allen Twp.) PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Harry C. Eckrich, Jr. Beryl Miller-Eckrich 5121 Kylock Road, Mechanicsburg, PA 17055 5121 Kylock Road, Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name -~ecord: Name and address of the Plaintiff herein. last recorded holder of Address See Caption above. 3 Park Plaza, 16th Floor, every mortgage of Irvine, CA 92714 Banker's Trust Company of california, N.A., As Trustee, without Recourse 5. Name and address of every other person who has any record lien on the property: Address Name None 6. Name and address of every other person who has any record interest the property and whose interest may be affected by the sale: Name Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue in Address 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St., Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 5121 Kylock Road Mechanicsburg (Upper Allen Twp.) PA 17055 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. MARK J. UDREN & ASSOCIATES DATED: November 26, 2002 ~r~Udren, ESQ. Attorney for Plaintiff F2tRK J. UDREN & ASSOCIATES ,BY: Mark J, Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, as Trustee for Access Financial Mortgage Loan Trust 1996-4 338 S. Warminster Road Hatboro, PA 19040 Plaintiff Vo Harry C. Eckrich, Jr. Beryl Miller-Eckrich 5121 Kylock Road Mechanicsburg, PA 17055 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 02-4863 IgO~T/~C ~ _~ ti E P2IFF~ S ALE OF~REAL_. PRO P_E~Tff TO: Harry C. Eckrich, Jr. 5121 Kylock Road Mechanicsburg, PA 17055 Beryl Miller-Eckrich 5121 Kylock Road Mechanicsburg, PA 17055 Your house (real estate) at 5121 Kylock Road, Mechanicsburg (Upper Allen Twp.) PA 17055 is scheduled to be sold at the Sheriff's Sale on March 5, 2003, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $137,293.10, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NQT~IC~0~i~I{NERLS~RI~G/LT~B IQU ~kY~BE~AtLLE TO_RRt~V~ENT T~HERIFELS~SAI~ To prevent this Sheriff's Sale, you must take immediate~ac~tion~ 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: ~J~56J ~82-690Q~ 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 550U MA~_TILI~ B~ABL~TO~AV~OUR~PROPERTY_ AND _. ]~D3J~OTHER RIGkLTS '~VEN~THE~ HF~I F F/~ ALE~QES~TAKF~P. LAC~E ~ 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 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 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 after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of 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 TA/(E THIS PAPER TO YOUR LAW~ER AT ONCE. IF YOU DO NOT HA%r~ A LAW~ER OR C;tNNOT AFFOP. D ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT %~HERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4863 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE CHASE MANHATTAN BANK, as Trustee for Access Financial Mortgage Loan Trust 1996-4 Plaintiff (s) From HARRY C. ECKRICH, JR. and BERYL MILLER-ECKRICH, 5121 KYLOCK ROAD, MECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 5121 KYLOCK RORAD, MECHANICSBURG (UPPER ALLEN TWP) PA 17055 (SEE ATTACHED LEGAL DESCRIPTION). (2) Y°u are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 137,293.10 L.L. $.50 Interest 11/27/02 TO 3/5/03 $30.67 per diem $3,036.33 Atty's Comm % Atty Paid $129.20 PlaintiffPaid Date: DECEMBER 4, 2002 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQ. Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL NJ 08034 Attorney for: PLAINTIFF Telephone: (856) 482-6900 Supreme Court ID No. 47741 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary / The Chase Manhattan Bank, as Trustee For Access Financial Mortgage Loan Trust 1996-4 VS Harry C. Eckrich, Jr. and Beryl Miller-Eckrich In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4863 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Mark J. Udren. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 9.66 Levy 15.00 Poundage 166.00 $ 252.16 paid by attorney 01/07/03 This '~'~ '~ ] ,..- day of __ /~r~ R. Thomas Kline, Sheriff 2003, A.D. _ ~L Prothonotary Real Esfate Deputy MARK J. UDREN & ASSOCIATES BY: Mark J, Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, as Trustee for Access Financial Mortgage Loan Trust 1996-4 338 S. Warminster Road Hatboro, PA 19040 Plaintiff v. Harry C. Eckrich, Jr. Beryl Miller-Eckrich. 5121 Kylock Road Mechanicsburg, PA 17055 Defendant(s) ATTORNEy FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-4863 PRA~CI RE~TD ~HARK-- SF~TT~ED~ ~DI S~COIFT~I ~E D 3tNI) E~DED AND ~AT~ISFX JT~D~MENT TO THE PROTHONOTARY: Kindly mark the above captioned matter SETTLED, DISCONTINUED AND ENDED AND JUDGMENT SATISFIED, upon payment of your costs only. DATED: J~na~7~ ~DO_3 M~rk J, Udren, Esquire Mark J. Udren & Associates Attorney for Plaintiff