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Home My WebLink About97-00082 " ~ ) ~ I .. lit ~ ~ ~ ~ \l \' ~ '" Cl> ~ \ , ~ ~ - ~ - ~ {' '" ,~ -- - :J ... '-J . ~I r.:. ~ . ~ ,._ r .-<". '-;':.', -i ~ d -:r C) ..... -a C"O .~ ~; ... S. ':5 C ~ 8~ ..,.. :,~ t(> :;a 1 1'l .~ . <:C. r- ::' '1 ~ I -:~l!' U ~ tgtJ,i ,0<1: _~o.. '~ "":I r- a ." , '. . gf. g f:: ~ i~. ga ....~m..~. ~~ B~E . ~ ~ ~ . , , '...-......".... ",-. .... ". " '. ". -.' ':'''/ ~ C_.."" _,' -, -,.. . 'V.' . I "~'" " , 7.____.." . ' " ,'~' a ~ t: . .' ~"". G. ~ ~~J It '1' I ~. . ,. CITICORP MORTGAGE, INC., SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC. VS. JOHN A. ECKRICH a/k/a JOHN A. ECKRICH III and, SUSAN WRAY ECKRICH, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Cl ~ - QU'\ rY (\vJi l'I..'N'I CIVIL ACTION .. LAW MORTGAGE FORECLOSURE NOTICE 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney, You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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 Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 :. CITICORP MORTGAGE, INC" SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC, VS. JOHN A, ECKRICH a/k/a JOHN A. ECKRICH III and, SUSAN WRAY ECKRICH, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q 7- S j C/c,J,/ -ref"^'- CIVIL ACTION - LAW MORTGAGE FORECLOSURE C 0 M P L A I N T 1. Plaintiff, CITICORP MORTGAGE, INC. SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC" is a corporation organized and existing under the laws of Delaware with an office at P. 0, Box 790014 MR 314/ St. Louis, Missouri 63179-0014, 2. Defendants, JOHN A. ECKRICH A/K/A JOHN A. ECKRICH III and SUSAN WRAY ECKRICH, are both adult individuals whose last known residence is 44 Palmer Drive, Camp Hill, Pennsylvania 17011-7925, 3. On or about August 23/ 1985, Defendants executed and delivered a Mortgage Note in the sum of $55/500.00 payable to CITICORP HOMEOWNERS, INC" (original mortgagee). Citicorp Mortgage, Inc. is the Successor in Interest to Citicorp Homeowners, Inc. A copy of said Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book 788, page 953, conveying to the original Mortgagee the real estate described therein. Said Mortgage is incorporated herein by reference. 5, The land subject to the Mortgage is: 44 Palmer Drive, Camp 403 of Pennsylvania Act No.6 of 1974, but the Mortgagors have failed t i to reinstate the Mortgage in accordance with the provisions thereof. , A copy of the Notice is attached hereto and made a part hereof as Exhibit "C", 10, Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11, Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in rem for the aforementioned total amount due together with interest at the rate of 8.5% ($11.12 per diem), together with other charges and costs, including escrow advances incidental thereto, to the date of Sheriff's Sale, and for foreclosure and sale of the property within described, PURCELL, KRUG & HALLER By 'A' mlf? /-!zJ.~ L~ p, Haller Attorney for plaintiff 1. D, 1115700 1719 N. Front St. Harrisburg, Pa. 17102 (717) 234-4178 J ADJUSTAULE nATE NOTE This Nole contains provisions allowing for changes In my Inleresl ralll evary year. If my Interest rale Increases, my monthly pllYfl1ents will be higher. If my Intel est rate decreases, my monthly paymenls will be lower. ~!'.!!!P_!!!..!}__, .PcnnsJl.,:ania 1(IIVI I~I^IFI August 23rd 1985 ,- 1,4 P").mc.[.J)u\te.L-.J;,,lmp...lLUJ , Pennsvlv.anls _.!lOll crRornnV,\PUIll\'" I, BORIWWER'S .'1I0MISE TO I'AV In relurn for sloan Ihal I have received, I promise 10 pay U,S, S 55 , 500.00 lereSl, 10 Ihe order of Ihe Lender, The Lender is ClTICORI' 1I0MEOWNERS. INC (Ihis amounl is called "principal"), plus in. ,_, I under, sland Ihallhe Lender may transfer Ihis NOle, The Lender or anyone who lakes this nole by lIansrer and who is enlitled 10 receive payments under Ihis Nole is called Ihe "Nole 1I01der:' 2, INTEREST Inleresl will be charged onlhal pari or principal which has nol been paid, beginning on Ihe dale I receive principal and conlinuing unlil Ihe full amollnl of principal has becn paid, Beginning onlhe dale I receive principal, I will pay interesl al a yearly rale of J....2Q.._ 0;" The inleresl rale I will pay will change in accordance wilh Seclion 4 of Ihis Nole, The inleresl rate reqllired by Ihis Seclion and Seclion 4 of Ihis Note is Ihe rale I will pay bOlh before and after any derauh described in Seclion 7(B) of Ihis Note,' ' ), P....VMENTS (A) Time and Place of I'aymfnls I will pay principal and inleresl by making paymenls every m.l/lIh, I will make my monthly paymenls on the firsl day of each monlh be~inning on Jlc.tob~" 19...!l..L_, I will make Illese paymenls every monlh until I have paid all of Ihe principal and inlerest and any nlher charges described below thaI I may owe nnder this NOle, My monthly paymcnts will be applied 10 inlerest before principal, If, on _SCJll:ember ,2012--, I still owe amonnts nndcr this Nole, I will pay Ihose amollnls in full on Ihal date, which is called Ihe "maturily date:' I will make my monthly paymenls at 670 NASON RIDGE CENTER DRIVE, ST. LOUIS, NO 63~~ or al a different place ir required by Ihe NOle Holder. (0) Amonnt or Monlhly Payments My monthly paymenl will be in Ihe amount of U,S. S_lli~, This amounl will change if Ihe interesl rale Ihal I must pay cljanges, The NOle 1I0lder will determine my new interesl rate and Ihe changed amount of my monlhly paymcnl in accordance with Seclion 4 of Ihis NOle, 4, INTEREST RATE ANII MONTIILV I'AVMENT CHANGES (Al ChanRe lIales The inlerest rale I will pay may change onlhe firsl day of ,~ptem~~, 19~, and onlhal day every 121h monlh Ihereafler, Each dale on which my interesl rale could change is called a "Change Date:' (8) The ludex lIeginning with Ihe first Change Dale, my inleresl rale will he based on an Index, The "Index" is Ihe weekly average yielcl nn United Stale.s Treasury secmilies adjusted 10 a constanl maturity of I year, " made available by Ihe Federal Reserve Board, The most recenl Index fignre available as or Ihe date 45 days before each Change Dale is called Ihe "Currenl Index:' If Ihe Index is no longer availahle, Ihe NOle 1I0lder will choose a new index which is based upon comparable informal inn, The Nole 1I0lder will give me nolice or this choice, " (e) Calcnlalion 01 ChanRes .'" Berore each Change Date, Ihe Nole lIolder will calcolale my new inlerest rale by adding -.Iw_n .1nd~Lx_t..Y.Jl~ndre(Hb"-nhn pc'rcemage poinls ( 2.60 %) 10 Ih" Currcnllndex, The Note Ilolder willlhen round Ihe resnlt of Ihis addilion 10 the nearesl one,eighlh of one percenlage poinl (0.125%), This rounded 3mounl will be my new inleresl rale nntil Ihe nexl Change Dale, rortlolln AIIM - I Ye.r Whhllnl I'.)'menl Cnp, with Adjllstment III Adjllslmenl Rate Cap and Rale Cap O\"Cr I.lre, '''''''''MI.\''''.4 I"" l"'f'''u,.l,..,,,,,,,fl,,.,,l,,. The NOlc Iloldcr willlhcn determinc the amollnt or the monlhly paymenf that would he .litlrnci('nt 10 repay Ihe unpaid prindpal balancc of 111~' Illau I :lll1l"peclcd 10 U\\C on tlu.' Change Dale in hili on the maturity date at Il'y new inlcre~( ratr in !iub.lil;ullially equal paynll:nl'i. The rl'\ull or this calculation is called the tlFull Payment Amount", and ir ""ill be the new 31110UIII or my monthly payment, ",bjecl to ,ub,eelioll (D) below, (Il) 1.111I11, Oil IlIlere,1 Ilule !:hUII~", The role or iOle,e" 1 alii reqoiredlo pay ,balllle,'e, be illcrea,eu or decr."ed 011 allY ,illgle IlIlere,1 Challge Da'e by more Ihan __ 27. _ hOIll Ihe rale or illtere" I have heell payillg rn.. Ihe prel'euin~ Iwelve 1II0nlh" My illle,e'l role al,o ,hall never be grealer Ihan ..J~L~CL-','" (E) EHeellve nul. IIr ChulIKe' My lIew illlele'l rale will bec.illle elfeelive on each Challge Dr.te, I will pay Ihe amounl of lilY new 1II0'lIhly paymelll beginning Oil Ihe firs! 1II01llhly paYlllell1 date alter Ihe Challge Dale unlillhe amounl nf III)' monlhly paymenl changes a~ain, (F) Nollee or ChanKe, The Nole Ilolder willlllail or dcliver 10 lIIe a nolice of any <'hange, in Ihe alllounl or my' IIlnnlhly paymenl helore Ihe erfeelive uale of any change, The nolice will include inforlllalion required by law 10 be given me and al,o Ihe iiI Ie allll lelephone number of a pcrlion who will answer any question I may have regarding Ihe nOlieI'. S, nORIlOWER'S IUGIIT TO l'IlEPAY I have the right 10 make paYlllent' of principal al any time before Ihey arc due, A paYlllent of principal only is knowlI a' a "prepay' lIIent:' When I make a prepaymenl, I will telllhe Nole Holder in wriling Ihal I am doing '0, I may make a full prepaYlllenl or a parlial prepaymenl wilhool paying any penailY, The Nnte Holder willu,e all of my prepayment' 10 reduce the alllount of principal that I owe unuer this NOle, If I make a pa'tial prepaymelll, Ibere will be no delays in Ihe due date, or lilY 1II0nlhly paYlllenlS unless Ihe Note Holder agrees in wriling 10 Ihose delay', My partial prepayment will reduce the amounl of lilY 1II0nlhly paymenl' afler Ihe filSl Challge Dale following n.y parlial prepayment. However, an)' r.duclion due 10 my parlial prepay' menl may be off,et by an intere't rale increa,e, 6, LOAN CIIARGES If a law, which applie, 10 Ihi, loan and which 'els maximum loan charges, i, finally inlerpreled '" Ihal the inlere.sl ur other loan charge, collecled or to he eollecled in conneclion wilh Ihi, loan excee,llhe permilled limits, Ihen: (i) any such loan charge ,hall be reduc- ed by the amounl necessary 10 reduce the charge 10 Ihe permilled limit; and (iil any sum' ahcady ~ollecled from me which exceeded permilled limit, will be refunded to me, The Note Holder may ehno,e 10 make Ihi, tcfund by reducing Ihe principal I nwe under Ihis NOle or by making a direct paymenl 10 l1Ie, If a rerund reduce, principal, the rednelion will be Ireated as a partial prepa'ymenl, 7, nORROWER'S FAILURE TO PAY AS IlEQIJlRED (A) Laic Chur~e for O,erdue Pay'menl' If Ihe Nole 1I0lder has nol recei,ed lhe full amollnl of any of my monlhly payments by Ihe end or J.L_ calendar days after Ihe dale il i, due, I will pay a laic charge 10 the NOle Holder. The amounl of Ihe charge will be _ 4 _OJ, of my overdlle pa)'I"enl of principal and inlere,1. I will pay lhi, laic charge promplly bul only once on any lale payment. (II) Defalll! If I do nol pay Ihe filII amounl of each monlhly payment on Ihe dale il is due, I will bc in default. (C) Nollee of Defaul! If I am iu default, the Note 1I0lder may ,end me a wrillcn nOliee Ielling me Ihal if I do nol pay the overdue amonnt by' a certain dale, the Note Holder may require me 10 pal' immediately thc full amounl of principal which has nol been paid and all the inlereSl Ihal I owe on Ihat amOllnl. ThaI dale milS! be al lea'l 30 days arler the date on which Ihe noticc is mailed or drliv.red 10 me. (1)) No Wal.er Dy Nole 1I0lder Eve.! if, al a lime when I am in defallll, Ihe Note Holder does nol require me 10 pay immediately in filII as described abnve, Ihe NOle Holder will 'Iill have Ihe righl In do '0 if I am in default al a lalcr lime, (E) I'aymenl nf Nole "older's !:nsts and Expenses If Ihe Nole 1I0lder ha, required me 10 pay immedialely in full as de,eribed above, the Nole Holder will havr the righl 10 be paid back by me for all or ii' eoSlS and expen,e, in eororcing thi, Nole 10 the extent nol prohibiled by applicable law, Those expenses include, for example, rea,onable allorney,' fee" 8. GIVING OF NOTICES Unless applicable law require, a differenl melhod, any noliee Ihal must be given to me under Ihis Nole will be given by mailing il by nISI class mail or by delivering ilia me al I he Property Address above or al a differenl address if I give Ihe Note Holder a notice of my differcnl address, Any nolice that must be given 10 Ihe NOle lIolder under thi, Note will be given by mailing il by firsl class mail to the Note Holder al Ihe addrcss Slaled in Section 3(A) above or al a differelll address if I am given u"h<llice of Ihal differenl address, 9. Olll.lGATlONS OF l'EIlSONS UNDEIl TillS NOTE Ir mOle Ihan one person signs this NOle, each person i, fully ami personally obligaled 10 keep all nf Ihe prumiscs made in Ihi, NOle, including Ihe promise 10 pay Ihe rllll amounl owed, Any person who is a guarantor, ,urelY, or endorser of Ihi, No'e i, also ubligaled 10 do Ihe,e Ihings, Any per,on who lakes over Ihe,e obligatinns, inclllding the obligations of a guaranI or, surely, or endor,er of this Nole, i, also obligated 10 keep all or Ihe promise, made in this Nole, The NOle 1I0lder may enforce its righls under Ihls Nnte againsl cach person individually' nr against all or us logelher. Thi, mean, Ihal anyone of \IS may be required 10 pay all or Ihe amounts owed under Ihi, NOle, II, WAIVEIlS I and any other person who has obligations under thi'i Note waive the rirht'i or presentmenl and llCilire or dishonor. HPIC'iCntment"_ lIeans Ihe right to require the Nole 1I0lder to demand paymenl or amounts due, "Notice of dishonor" means Ihe ri~hl to require Ihe oJote 1I0lder to give notke to olher persons that amounts due have nol been paid, II. TillS NUTE SECUIlEII IIV ^ SECLJIUTV INSTltlJMENT In addition to the protections given 10 Ihe Note 1I01der under Ihis Nole, a Mortgage, Deed "r 'l,usl, or Deed to Secure Debl (Ihe 'Seclllity Instrumelll") with an Adjustable Rate Ri,kr, dated the san," day as Ihis Nole, protecls Ihe NUle 1I0lder from possible losses vhich mighl re"llt ir I do not keep the promises which I make in II,;s I,ote, ThaI SecurilY InsllUl'lenl and Rider describe how and IIlder what conditions IlIlay be required 10 make immediate paymelll in full or all amounls I owe under Ihis Nole, Some of Ihose condi, ions arc de.cribed as follows: tronsler or lhe I'roperly or " lIenclldalInlerestIn 1I0rrow.., If all or any part or the Properly or any interesl in il is sold or transferred or if a beneficial interest ill Borrower is sold or transferred and narrower is not a natural person) withoul Lender's prior wril1cn (om~nt, Lender may, al its option, require immeuiale paymenl in rull of all sun,s secured by this Security Inslrument. IInwever, Ihis ol'lion shall 1101 be exercised by Lender if exercise is prohibited by federal law as or Ihe dale of Ihis Security Instrument. Lender als<> shall not exercise !!Iis oplion ir: (a) 1l0lrower causes 10 be submitled to Lender infnrl1lalion required by I.ender to evalnale the intended lra,,,fetee as if ., new loan were being made to Ihe transferee; and (b) Lender reasonably determines thaI Lender's security will not be impaired by Ihe loan assumplion and Ihal the risk of a breach of any covenanl or ag~eemenl in this Security Instrument is acceplahle 10 Lender. To the exlent permilted by applicable law, Lender may charge a reasonable fee as a condition 10 Lender's consent to Ihe loan assumption, Lender may also require the Iransferee 10 sign an aSSllmplion agreement that is acceptable to Lender and that obligales the transferee to keep alllhe promises and agreemenls made in the Note and in this Security Instrument, Borrower will conlinue to be ol'ligaled under the Note and Ihis SeeurilY Inslrument unless Lender releases Borrower in writing, If Lender exercises the oplion 10 require immediate paymenl in full, Lender shall give Borrower notice of acceleration, The notice shall provide a period of nolless than 30 days from the dale the notice is delivered or mailed within which '\lorrower must pay all sums secured by this SecurilY Inslrument. If narrower fails to pay these sums prior to the expiralion of this period, Lender may invoke any remedies permilted by this Security Inslrument without furlher notice or demand on Borrower, ~t ~ , )/~ (' J/~ Wilness Ihe hand(s) and seal(s) of the undersigned, I .\ Q..i~ fr. "~-..A A A.ECKRICH _/ I I .,.. , -u- wAe SAN WRAY ECK (Seal) .BoI~1 ,h (Seal) .Bouo-n (Seal) .80""'" {SiRn OriRinal Only} "-, .... RE: Property: Loan No: ~lortgagee : Date: 44 Palmer Dr Camp Hill, PII 17011-7925 0002161B94 Citicorp Mortgage, Inc. 11/04/96 TO: John II Eckrich III 44 Palmer Dr Camp Hill, PII 17011-7925 CITlCORPO' NOTICE OF INTENTION TO FORECLOSE MORTGIIGE under Section 403 of PII IIct No.6 of 1974. (REIID IILL PIIGES OF THIS NOTICE CIIREFULLY) The MORTGIIGE held by the above name MORTGIIGEE (hereinafter we, us, or ours) on your property noted above under RE:, IS IN SERIOUS DEFIIULT because you have not made the monthly payments as noted below under (a), and/or because you have failed to comply with or perform the other provisions of the mortgage obligations, if any, as noted below under (d). Previous late charges under (b) and other charges, if any, under (c) noted below, have also accrued to this date. THE TOTIIL IIMOUNT NOW REQUIRED TO CURE THIS DEFIIULT, OR IN OTHER WORDS, GET CIIUGHT UP IN YOUR PIIYMENTS liS OF THE DIITE OF THIS LETTER, IS NOTED BELOW UNDER (e). (a) 09/01/96 thru 09/01/96 1 @ $523.50/month 1 @ $16.43/late charge/month (a) 10/01/96 thru 11/01/96 2 @ $534.5B/month 1 @ $16.BB/late charge/month (b) Previous late charges(s) (c) Other charge (s) : Inspection (s) : NSF Check (s) : (d) Other provlolons of the mortgage obligation if any: (e) TOTlll, IIMOUNT (a), (b) and (c) REQUIRED OF THIS DIITE: $539.93 $l,OB6.04 $32.B6- $l,65B.83 You may cure this default within THIRTY (30) DIIYS of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) which may fall due during this period. Such payment must be made either by CIISH, CIISHIER'S CHECK, CERTIFIED CHECK, OR MONEY ORDER made payable to CITICORP MORTGIIGE, INC., 15851 Clayton Roau, Ballwin, Missouri 63011. " PAGE TWO 11/04/96 If you do not cure the default within THIRTY (30) DIIYS, we intend tClnCORPO' exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of the default is not made within THIRTY (30) DIIYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgage property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still 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 even if they are over $50.00. lIny attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the THIRTY (30) OilY period, you will not be required to pay attorney's fees. Also, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. I If you have not cured the default within the TIlIRTY (30) OilY period and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amou~t of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costo connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximateJ.Y THREE (3) MONTHS FROM THF; DIITE OF THIS LETTER. II notice of the 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 will be by calling us at the following number: 1(BOO)723-7906. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. " 1 " { PAGE THREE 11/04/96 You have additional rights to help protect your interest in the property. YOU IIIIVE THE RIGHT TO SELL THE PROPERTY TO OBTIIIN MONEY TO PIIY OFF THE MORTGAGE OEBT, OR BORROW MONEY FROM ANOTHER LENDING ..L"1T1co,nno' INSTITUTION TO PAY OFF TIlIS DEBT. YOU MIIY IIIIVE THE RIGHT TO SELL ~I .~ TRllNSFER THE PROPERTY SUBJECT TO THE MORTGIIGE TO II BUYER OR TRllNSFEREE WHO WILL IISSUME THE MORTGAGE DEBT, PROVIDED THIIT JILL OUTSTIINDING PIIYMENTS, CHllRGES, ATTORNEY'S FEES, AND COSTS liRE PAlO PRIOR TO, OR liT THE SIILE (IIND THIIT OTHER REQUIREMENTS UNDER THE MORTGAGE liRE SIITISFIED). CONTIICT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HIIVE THE RIGHT TO HIIVE THIS DEFIIULT CURED BY II THIRD PIIRTY IICTING ON YOUR BEfIllLF. If your delinquency is a result of a loss of employment income or a reduction in employment income you may be eligible for homeowners hip counseling from one of the Department of Housing and Urban Development approved homeownership counseling agencies. Please call us at 1-BOO-723-7906 for information regarding the HUD-approved counseling agency nearest you and/or to discuss the circumstances of the default with one of our Loan Counselors. If you cure the default, the mortgage will be restored to the same position as if no default has occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Gail J. Johns Collection Manager Collection Department 96110400000219 " Loan No: Mortgagee: Date: 44 Palmer Dr Camp Hill, PA 17011-7925 0002161894 Citicorp Mortgage, Inc. 11/04/96 RE: Property: TO: Susan Ray Eckrich 44 Palmer Dr Camp Hill, PII 17011-7925 CITlCORPO' NOTICE OF INTENTION TO FORECLOSE MORTGIIGE under Section 403 of PII IIct No.6 of 1974. (READ ALL PIIGES OF THIS NOTICE CIIREFULLY) The MORTGIIGE held by the above name MORTGIIGEE (hereinafter we, us, or ours) on your property noted above under RE:, IS IN SERIOUS DEFIIULT because you have not made the monthly payments as noted below under (a), and/or because you have failed to comply with or perform the other provisions of the ~ortgage obligations, if any, as noted below under (d). Previous late charges under (b) and other charges, if any, under (cl noted below, have also accrued to this date. THE TOTAL IIHOUNT NOW REQUIRED TO CURE THIS DEFIIULT, OR IN OTHER WORDS, GET CIIUGHT UP IN YOUR PIIYMENTS liS OF THE DIITE OF THIS LETTER, IS NOTED BELOW UNDER (e). (a) 09/01/96 thru 09/01/96 1 @ $523.50/month 1 @ $16.43/late charge/month (a) 10/01/96 thru 11/01/96 2 @ $534.58/month 1 @ $16.88/late charge/month (b) Previous late charges(s) (c) Other charge(s) : Inspection(s) : NSF Check(s) : (d) Other prov1s1ons of the mortgage obligation if any: (e) TOTIIL IIMOUNT (a) , (b) and (c) R~QUIRED OF TllIS DATE: $539.93 $1,086.04 $32.86- $l,65B.83 You may cure this default within THIRTY (30) DIIYS of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) which may fall due during this period. Such payment must be made either by CIISH, CIISllIER'S CllECK, CERTIFIED CHECK, OR MONEY ORDER made payable to CITICORP MORTGIIGE, INC., 15851 Clayton Road, Ballwin, Missouri 63011. ....... SU6.t5 nEV !,,111 PIIGE TWO 11/04/96 If you do not cure the default within THIRTY (30) DIIYS, we intend ~/lr1C::C:>RPO exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of the default is not made within THIRTY (30) DIIYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. lf the mortgage is foreclosed, your mortgage property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still 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 even if they are over $50.00. lIny attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the THIRTY (30) DIIY period, you will not be required to pay attorney's fees. IIlso, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. i If you have not cured the default within the THIRTY (30) DIIY period and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's for.closure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately THREE (3) MONTHS FROM TilE DIITE OF THIS LETTER. II notice of the 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 will be by calling us at the following number: 1(800)723-7906. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. , PAGE THREE 11/04/96 You have additional rights to help protect your interest in the property. YOU HIIVE THE RIGHT TO SELL THE PROPERTY TO OBTIIIN MONEY TO PAY OFF THE MORTGIIGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING ..L"1T1CORPO. INSTITUTION TO PIIY OFF THIS DEBT. YOU MIIY HIIVE THE RIGHT TO SELL ,-", ..' TRllNSFER THE PROPERTY SUBJECT TO THE MORTGIIGE TO II BUYER OR TRllNSFEREE WHO WILL IISSUME THE MORTGAGE DEBT, PROVIDED TIlIIT IILL OUTSTIINDING PIIYMENTS, CHllRGES, IITTORNEY'S FEES, IIND COSTS lIRE PIIID PRIOR TO, OR AT THE SALE (IIND T1I11T OTHER REQUIREMENTS UNDER THE MORTGIIGE lIRE SIITISFIED). CONTIICT US TO DETERMINE UNDER WHIIT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU flllVE THE RIGHT TO IIIIVE THIS DEFIIULT CURED BY II THIRD PIIRTY IICTING ON YOUR BEIIIILF. If your delinquency is a result of a loss of employment income or a reduction in employment income you may be eligible for homeownership counseling from one of the Department of Housing and Urban Development approved homeownership counseling agencies. Please call us at 1-800-723-7906 for information regarding the HUD-approved counseling agency nearest you and/or to discuss the circumstances of the default with one of our Loan Counnelors. If you cure the default, the mortgage will be restored to the same position as if no default has occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Gail J. Johns Collection Manager Collection Department 96110400000220 " SlJ l)"!j rlFV ~fll , COMPANY NAME: CITICORP MORTGAGE, INC. , i " VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 1/:pICrl I . By AIL SCOTT SCHEINER Title ASSISTANT SECRETARY ~;HU, II I.' '., 1.1:1 Ur.1I . lilJT r'C'IHW CASE NU: ICJ9/-000f\: I' CIJMMONWr:^I.TH Ur' Pf:NN";YL V All I A: CIJIJNTY IIF' CUMllf:f1LAtH' ;~ '. C [i'I corw MlJf1TI;^Gl-: I NC ET AL VS, !':CKIl I CH JOliN ^ ET AL H. Thom;:JS Kli.ne , SherIff, who be~ng duly sworn accord~ng , ! I to law, says, that he made a dil~gent search and Inquiry for the within named defendant, to wit: I.:CKH rCH JUliN A A/KI ^ JUliN A ICCKRICH III but was unable to locate Him in hIS b;:Jil~wick. He therefore returns the COMPI.AINT - MlJRT F'lJRr; NlJTrCl-: NlJT FUUND as to the WIthIn named defendant 1';ClmlCII JlJIIN A A/K/A JUliN A l-:1;Kf1lCH III P.IJ. DEL [VI':flS MAll_ FOR Ol-:FT. rlJ AIJIJVl-: AI)Df1I-:SS, BUT WI-: CUULON'T LIJCATE ANYUNf: AT HIJMl-:. PAI'l-:R I-:XPlRI':D. Sh<?l"~ff'3 Costs: Docketing SClrvice AffIdavIt Surcharge So answers: IH.11I11I ':I. Jill .111111 2.1110 / . ,. ,/ .~. r(/'('. ,/~. , .~ : lOW . , . . R. Thomas KlIne, ~her111 ~.~':i. 3111 PUReLl .(., KHUG & II A LL.l::I{ 111:110119'37 ~~Wl)rn ;:Jnd sub!"'Jl;rl.bed to he-forr? me th,:; 1'5'?: d;:Jy of :J..J......oA..7 ICl 97. A.D. ~-).7<~ a. hL<.i2~ titM' Prothonotary . . . ., ':"''''''''~ - '" . ".,:>;;" "~-~'-",.~.j ,";;Po: <r:ft~~l;-,:,( ..l~~C.,.,'. .~ ;. t f','y V"'~t~,f, '~'i~'- r~v.,:t,J ~>i ;",.1. .{"; '~:' ,:(~(~; I-'~":':'-:~"';;~h'" "".'.}l:'~"L'~:'l"::f~" ,...,"~ 7_' n~'2 ., '>:< 171ll!l.a~, - ",:. :-:.;8:~, . :'~:::;:;:~c:~:'.~;t-,~p,;;J " -1\\lf'7171,:I33-11tP .,' ","~ .' "~"C. '"d' ,- :",:' ::. ',,",,1 . "'j, ". ':::"~" ;;'~:;i;:.i:;':ji:~'::t;:?J '.;'~,.' '-'- '."-- CITICORP MORTGAGE, INC., SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC, VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q'l - ?5,l JOHN A, ECKRICH a/k/a JOHN A. ECKRICH III and, SUSAN WRAY ECKRICH, DEFENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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 CP~ GET LEGAL HELP. CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted de be presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGA~ TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Court A?ministrator, Cumberland County courfRDEECOPY FROM RECORD Carhsle, Pa. 17013 - - (717) 240- 6200 In Tr,~timony whereof, I here unto set my hand '" loe seal of said Cour. a1 Carlisle. Pa. Ihi, ,<11 day 01,)0" .1997 l,-.:r~ I...) /l-IUC,llo.Y1 D'pI... Prothonotary CITICORP MORTGAGE, INC" SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC. VS, IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, JOHN A. ECKRICH a/k/a JOHN A, ECKRICH III and, SUSAN WRAY ECKRICH, DEPENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any informat ion obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff ! r .. . CITICORP MORTGAGE, INC., SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC. VS. JOHN A. ECKRICH a/k/a JOHN A. ECKRICH III and, SUSAN WRAY ECKRICH, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW MORTGAGE FORECLOSURE C 0 M P L A I N T 1. plaintiff, CITICORP MORTGAGE, INC. SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC., is a corporation organized and existing under the laws of Delaware with an office at P. O. Box 790014 MR 314, St. Louis, Missouri 63179-0014. 2. Defendants, JOHN A. ECKRICH A/K/A JOHN A. ECKRICH III and SUSAN WRAY ECKRICH, are both adult individuals whose last known residence is 44 Palmer Drive, Camp Hill, Pennsylvania 17011-7925. 3. On or about August 23, 1985, Defendants executed and delivered a Mortgage Note in the sum of $55,500.00 payable to CITICORP HOMEOWNERS, INC., (original mortgagee). Citicorp Mortgage, Inc. is the Successor in Interest to Citicorp Homeowners, Inc. A copy of said Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and county in the Office of the Recorder of Deeds in Mortgage Book 788, page 953, conveying to the original Mortgagee the real estate described therein. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 44 Palmer Drive, Camp l J Hill, Pennsylvania 17011-7925, and is more particularly described in Exhibit "B" attached hereto. 6. Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on September 1, 1996, and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest calculated as follows: from 8/1/96 to 9/1/96 at 8.125% from 9/1/96 to 1/16/97 at 8.5%) $47,753.92 1,846.77 (c) Late charges at $16.43 per month for 5 months 82.15 (d) Escrow Credit 213.71 (e) 5% Attorney's commission TOTAL 2,387.70 $52,284.25* *Together with interest at the per diem rate noted in (b) above after January 16, 1997, and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No Judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors in accordance with Section ~ 403 of Pennsylvania Act No. 6 of 1974, but the Mortgagors have failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit "C". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way WhlCh would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in rem for the aforementioned total amount due together with interest at the rate of 8.5% ($11.12 per diem), together with other charges and costs, including escrow advances incidental thereto, to the date of Sheriff's Sale, and for foreclosure and sale of the property within described. PURCELL, KRUG & HALLER By L~.(~ fi~~~ Attorney for Plaintiff I. D. #15700 1719 N. Front St. Harrisburg, Pa. 17102 (717) 234-4178 ..J ADJUSTABLE RATE NOTE This Note contains provisions allowing lor changes In my Interest ral3 every yeer. II my Interest rale Increases, my monthly pnYJ11ents will be higher, II my Interest rate decreases, my monthly payments will be lower, Camp Hi tl I("ln, ___, .Pennsylvania IUUFj August 23rd 1985 '- 44 Palmer Drive->- Camp Hill. Pennsvlv_ania 17011 crROrUtv M1DIl[!'ISI I. BORROWER'S PROMISE TO PAY In relurn for a loan Ihall have received, I promise to pay U.S. S 55.500.00 (this amount is called "principal"), plus in. teresI, to the order of Ihe Lender. The Lender is CITICORP HOMEOWNERS, INC .._' I under. sland thallhe Lender may Iransfer this NOle. The Lender or anyone who lakes this nole by trausfer and who is entilled to receive paymenls under Ihis Nole is called Ihe "Nole Holder:' 2. INTERF.'ST Inleresl'will be charged on Ihal pari of principal which has nol been paid, beginning on Ihe dale 1 receive principal and continuing unlil Ihe full amounl of principal has been paid. Beginning on Ihe dale 1 receive principal, I will pay inlerest al a yearly rale of 8.50 %. The inleresl rale I will pay will change in accordance with Section 4 of this NOle. The inlerest rale required by Ihis Seelion and Seclion 4 of this Note is Ihe rale I will pay both before and afler any default described in Section 7(B) of Ihis NOle. I . J. PAYMENTS (A) Time and Place of Payments I will pay principal and interesl by making payments every m"nth. I will make my monthly paymenls on the firsl day of each monlh be~inning on_lkl:.abeL-., J9~. I will make Ihe'e payments every monlh until I have paid all or Ihe principal and inlerest and any olher charges described below Ihat I may owe under Ihis NOle. My monlhly payments will be applied to interesl before principal. If, on _Sep~pmhpr ,2oI~, I still owe amounls under this Note, I will pay Ihose amounls in full on thaI dale, which is called the "malurity dale:' I will make my monthly paymenls at 670 NASON RIDGE (:ENTER DRIVE. ST. LOUIS. NO 63..1li.. or al a different place if required by the NOle Holder. (B) Amount of Monthly Payments My monthly paymenl will be in Ihe amount of U.S. S 426. 7~ . This amounl will change if the inlerest rate Ihal (musl pay c"anges. The NOle Holder will determine my new interesl rale and Ihe changed amount of my monthly payment in accordance with Section 4 of this Nole. ~. INTEREST RATE AND MONTI/LY PAYMENT CHANGES (M Change Dates The inleresl rale I will pay may changc on the finl day of September ,19!l~, and on thaI day every 121h monlh Ib<reafter. Each dale on wbich my interesl rale could change is called a "Change Dal~:' (8) The Index Beginning wilh Ihe nrsl Change Dale, my interesl rale will be based on an Index. The "Index" is the weekly average yield on Uniled Slales Treasury sccurilies adju.sled 10 a conSlant maturily of I year, ns made available by Ihe Federal Reserve Bonrd. The most recent Index figure available as of Ihe dale 45 days before each Change Dale is called the "Current Index:' If Ihe Index is no longer available. Ihe NOle Holder will choose a new inde.~ which is based upon comparahle informal ion. The ~ole Holder will give me nolice of Ihis choice. (C) Calculallon of Changes ........ Defore each Change Date, the NOle Holder will calculale my new inlerest rale by adding Two and Six_tv Hundredths pcrcentage pain IS ( 2.60 %) 10 Ihe Current Index. The Nole Holder will then round 'he resull of Ihis addilion to Ihe lIearesl one.eighth of Ollr. percelllage poilll (0.125%). This rounded amounl will be my lIew inleresl 'ate unlil Ihe lIext Change Dale. rort!olio AIlM - I \"ar Wllhnul I'a)'menl Clip, wilh AdJuslment 10 AdJust",clIl Rate Cap and Rate Cap O".r Ufe. 111111, )ll:\" 1'0 II 11.,14 I ""'"0''' I ,l""'n' l1~."lf't The NOle 1I0lder willlhen delerllline Ihe a 11I011 III of Ihe l110nlhly paYlllen' Ihal would l'e sllfficienllo repay Ihe unpaid I balance of my loan I a111 expected 10 O'\C 011 the Change Date in full on the malurity date at n'y new interest rale in subsIAlltia paymenlS. The relllll of Ihis ealculalion il calledlhe "Full Paymenl Amounl", and i, will be the new amounl of my monlhly r !\Ibject 10 subseclion (D) below. (J)) I.Im\ts on Inleresl Ilute ChanKes. The ,"Ie of iUlere!l I al11 reqllired 10 pay shall never be inerea,ed or decre.led on any single Inlcrell Change Dale by m 2:t fromlhe rale of inleresl I have been paying f<:r Ihe preredinK Iwelve monlhs. My intelesl rale also shall never b Ihan 15.50 0/0. (E) Erreetlve Date 01 Changes My new inlere!l rale will bec,Hne effeelive on each Change DOle. I will pay Ihe amounl of my new monlhly paymenl t on Ihe firsl monlhly payment dale afler the Change Dale unlil the amounl of my monthly payment chances aKain. (F) Nollce nl ChanK" The NOle Holder will mail or deliver 10 me a nOlice of any change.. in Ihe amounl of my' llIonlhly paymenl before lhe dale of any change. The nOlice will include informalion required by law 10 be given me and also Ihe tille and telephone n a person who will answer any queslion I iliaI' have regarding Ihe nnlice, 5. nORltOWEll'S IUGIIT TO "REPAY I have Ihe righl 10 make paymenlS of principal at any lime before they arc due. A payment of principal only is known as ~ menl:' When I make a prepayment, I willlell the Nole Holder in wriling that I am doing so. I may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my pre 10 reduce the amounl of principallhat I owe under this NOle. If I make a pa:tial prepaymenl, there will be no delays in the of my monthly paymenlS unless the NOle Holder agrees in wriling 10 those delays. My partial prepayment willrelluce the a my monlhly paymenls after the firsl Change Dale following n.y parlial prepayment. However, any reduction due 10 my parli ment may be offsel by an interest rale increase. 6. LOAN CHARGES If a law, which applies 10 Ihis loan anll which sels maximllm loan chargel, is finally inlerpreled so Ihat Ihe inlerest or' "hargcs collected or 10 be collecled in conneclion with this loan excee/Jthe permilled limits, then: (i) any such loan charge shal! cd by Ihe amounl necessary 10 reduce Ihe charge 10 Ihe permilled limit; and (ii) any sums aheady rollecled from me whict permitted limits will be refunded 10 me. The NOle Holder may choose to make this refund by reducing the principal I owe Note or by making a direcl paymenl 10 me. I f a refund reduces principal, Ihe reduction will be treated as a partial prepa' 7. nORROWER'S FAILUIlE TO PAY AS IlEQUIRED (A) Laic Charge lor Overdne Paymenls If Ihe Note Holdcr has nol received Ihe full amount of any of my monlhly payments hy the end of ..!.L calendar Ihe dale il is due, I will pay a lale charge 10 the Nole Holder. The amonnt of Ihe charge will be 4.,. of my ovcidn of principal and inlerest. I will pay Ihis laic charge promptly bUI only once on any late payment. (0) Dehllll If I do nOI pay Ihe filII amollnt of each monlhly payment on the dale it is due, I will be in defaull. (C) Nollce 01 Dehull If I am ill defauh, the NOle Holder may send me a wrillen nOlice lelling me that if I do not pay the overdue amolllll t dale, the NOle Holder may require me to pay immedialely the full amount of prillcipal which has not been paid and nil ' thai I owe on that amounl. Thai dat' must be al least 30 days after the date on which the notice is mailed or delivered (D) No Waiver ny Nole lIolder Even if, at a lime when I am in defauh, the NOle Holder does not require me to pay immediately in full as described Nole Holder will still have Ihe righl 10 do so if I am in defauh at u later time. (E) Payment 01 Nute 1I0lder's Cosls and Expenses If lhe Note Holder has required me 10 pay immedialely in full as described above, Ihe Note Holder wll\ havr the right back by me for all or its COSls and expenses in enforcing Ihis Nole to lhe extenl not prohibiled by applicable law. Those expen for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different melhod, any notice that musl be given to me under this Note will be given it by first class mail or by delivering ilia me allhe ProperlY Address above or al a different address If I give the NOle Hal, of my differenl address. Any nOlice thai muSI be given to Ihe Nole Holder underlhis Nole will be given by mailing it by first class mail 10 Ihe t at Ihe address slaled in Seclion 3(A) above or al a differenl addreS! if I am given a"llQ.lice of that different address, 9. OnLlGATIONS OF PEIlSONS UNDEIl TillS NOTE I f more than aile person signs Ihis NOle, each pellon is flllly and personally obligated to keep all or Ihe pwmlses I Nole, inclllding the promise to pay Ihe filII amounl owed. Any person who is a gualOnlOr, surety, or endorser of thb Note Is 01 10 do Ihese Ihings. Any pClIon who takel over Ihese obligalions, inclllding lhe obligalions of a guarantor, surely, or end, NOle, is also obligated 10 keep all of Ihe promises made in this Note. The Note Holder may enforce Its rights under thls I each' pcrson indiviuually or again" all of 'I! together. This mean I thai anyone of liS may be required to pay all or the an IInder Ihis Nole. fl. WAIVERS I and any olher person who has obligalions IInder Ihis NOle waive 'he riChl' of presenlmenll",d IINire of <li.'honor. "P,eselllmenl" ',eans Ihe righl 10 require Ihe NOle lIolder 10 demand paymenl of amoullls due. "Noliee of dishonor" means Ihe righllO reqlllre Ihe- 'ole lIolder 10 give nOlice 10 olher persOllS thaI amounls due have nol been paid. I. 1''''S NaTE SECUREI> DY A SEClllllTY INS1'RUMEN-r In addition 10 Ihe p,oleelions gh-en 10 Ihe NOle lIolder ullder Ihi, NOle, a Mortgage, Deed f)f TruSI, or Veed 10 Secure Debl (I he 'Security IIlmumenl") wilh an Adjuslable Rale Rider, daled Ihe sam. day as Ihis NOle, proleels Ihe No'e Holder from possible losses '-hieh miglll result If I do 1101 keep Ihe promises which I make ill 'Ids I-<ole. ThaI Securily hlStru",enl and Rider describe how and IIlder what condilions I may be required 10 make immediate payment in full of all amounts I owe under this Note. Some of Ihose eundl. iOlls are described as fullows: fluns'" of Ihe Properly ur a Dell.lld.,/nlereslln IInrrow... If all or any parI of the Property or any interest in it ls sold or Iransfcrred or if a beneficial ill'ercSI in lIorrower is ,old or Iran_,ferrcd alld Dorrnwer is nol a natural person) Wilhout Lender's prior wrillcn consent, Lender may, at ils OpliOll, require immediale paymelll in full of all sun.s secured by this Security IIlslrument. lIowever, Ihis oplion shall 101 be exercised by lender if e.sercise is prohibiteu by federal law as of the dale of Ibis Security Inslrllment. lender also shall nOI exercise hi, option if: (a) lIurrower causes 10 be submit led 10 lellder illforrllation required by !.ellder 10 evalllate Ihe inlended trallsferee as If I Ilew loan were being made to Ihe lransferee; alld (b) lender reasonably determines thaI Lender's security will not be Impaired by Ihe loan aSsumption and Ihal Ihe risk of a breach of any eovenanl or agreemenl in this Security Instrument is acceptable 10 Lender. To the extenl permilled by applicable law, lender may charge a reasonable fee as a condition to lender's COnsent 10 lhe loan assumption. lender may also require Ihe Iransferee 10 sign an assumption agreement Ihal Is acceplable 10 Lender and lhal obligales the Iransferee 10 keep alllhe promises and agreemenls made In Ihe NOle and in this SeCUrlly Inslrumenl. Borrower will continue to be oNigated under Ihe Note and lhis Security Instrumenl unless Lellder releases Borrower in Writing. If lender exercises the oplion 10 require immediale payment in full, Lender shall give Borrower nOllce of aceeleralion. The notlee shall provide a period of nOlless lhan 30 days from the dale lhe noliee is delivered or mailed wilhin which -Borrower musl pay all sums secured by this Security Inslrument. If Borrower fails to pay Ihese sums prior 10 the expiration of Ihis period, Lender may inVoke any remedies permilled by Ihis Securily Instrumenl withoul further nOlice or demand on Borrower. Witness the hand(s) and seal(s) of Ihe undersigned. I )/ \ \ { ./'-> 1\ ~. -_ (Seal) .1o"O"6Tf (Seal) .80no,"," (Seal) .80"O-r, {Sign Orillinal Only} ". '" ALL THAT CERTAIN tract or parcel of land ~~th improvemeots thereoo erected, situate in Lo~er Allen Towoship, Cumberland CountY,Pennsvlvania , bounded and described io accordance ~ith a survey and plan thereof ~de by Roy ~.R. Benjamin, Protessional Eogineer, dated January 31, 19b9, as 10110~s: BEGINNING at a poiot on the Southerly line of Palmer Drive, .nich point is nine hlrlClred ~ five (905) feet West of the South~esterly corner 01 Nottinghac Roarl and Palmer Drive and at dividing line bet~een Lots No. 17 aod IB, Block ~, 00 the hereinafter mentiooed plao of lots; thence along said dividing lioe South no (0) degrees fifty-six (50) minutes West one hundred forty-five (145) feet to a point; thence along the Northerly line of Lots No. 10 and 11, Block H on said plan North eighty-nine (B9) degrees four (04) mioutes West seventy-five (75) feet to a point at dividing lioe bet~eeo Lots No. 10 and 17, Block H, on said plan; thence alonR said dividiog line North no (0) degrees fifty.six (50) minutes East ooe hundred forty-five (145)feet to a point on the Southerly line of Palmer Drive aforesaid; thence aloog same South eighty-nioe (B9) degrees four (04) cinutes East, seventy- five (75) feet to a point, the Place of BEGINNING. BEING Lot No. 17, Block H on Plan of Country and Town Bomes, Inc., ~hich plan is recorded in the Office of the Recorder of Deeds in aod for Cumherland County in Plan Book 7, page 41. HAVING THEREON ERECTED a one stor~ frame d~elling house known as No. 44 Palmer Drive. BEING the same premises which Joseph Kowaleski, Jr. and Barbara A. Kowaleski,' his wife, by Deed bearing even date herewith and intended to be forthwith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, aforesaid, granted and conveyed unto John A. Eckrich and Susan Wray Eckrich, his wife, in fee. EXHIBIT "A" ...-......- ,. ", '1.,1' ,')'..,' 1:1I1l~ 'i ,)t! I.\GE OJ Loan No: Mortgagee: Date: 44 Palmer Dr Camp Hill, PA 17011-7925 0002161094 Citicorp Mortgage, Inc. 11/04/96 RE: Property: TO: John II Eckrich III 44 Palmer Dr Camp Hill, PII 170ll-7925 I CITlCORPO' I NOTICE OF INTENTION TO FORECLOSE MORTGIIGE under Section 403 of PA IIct No.6 of 1974. (REIID JILL PIIGES OF THIS NOTICE CIIREFULLY) The MORTGIIGE held by the above name MORTGAGEE (hereinafter we, us, or ours) on your property noted above under RE:, IS IN SERIOUS DEFIIULT because you have not made the monthly payments as noted below under (a), and/or because you have failed to comply with or perform the other provisions of the mortgage obligations, if any, as noted below under (d). Previous late charges under (b) and other charges, if any, under (c) noted below, have also accrued to this date. THE TOTIIL IIMOUNT NOW REQUIRED TO CURE THIS DEFIIULT, OR IN OTHER WORDS, GET CIIUGHT UP IN YOUR PIIYMENTS liS OF THE DIITE OF THIS LETTER, IS NOTED BELOW UNDER (e). (a) 09/01/96 thru 09/01/96 1 @ $523.50/month 1 @ $16.43/late charge/month $539.93 (a) 10/01/96 thru 11/01/96 2 @ $534.5B/month 1 @ $16.80/late charge/month $l,OB6.04 (b) Previous late charges(s) $32.86- (c) Other charge(s): Inspection(s) : NSF Check(s): (d) Other prov1s10ns of the mortgage obligation if any: (e) TOTAL IIMOUNT (a), (b) and (c) REQUIRED OF THIS DIITE: $1,658.83 You may cure this default within THIRTY (30) DIIYS of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) which may fall due during this period. Such payment must be made either by CIISH, CIISHIER'S CHECK, CERTIFIED CHECK, OR MONEY ORDER made payable to CITICORP MORTGIIGE, INC., l5B5l Clayton Road, Ballwin, Missouri 63011. " PAGE TWO 11/04/96 If you do not cure the default within THIRTY (30) DAYS, we intend tCl1r1C::C:>RPO' exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of the default is not made within THIRTY (30) DIIYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgage property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still 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 even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the THIRTY (30) DIIY period, you will not be required to pay attorney's fees. IIlso, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. I If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's'fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately THREE (3) MONTHS FROM THE DIITE OF THIS LETTER. II notice of the 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 will be by calling us at the following number: 1(BOO)723-7906. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. " Loan No: Mortgagee: Date: 44 Palmer Dr Camp Hill, PII 17011-7925 0002161894 Citicorp Mortgage, Inc. 11/04/96 RE: Property: TO: Susan Ray Eckrich 44 Palmer Dr Camp Hill, PII 17011-7925 CITlCORPO' NOTICE OF INTENTION TO FORECLOSE MORTGIIGE under Section 403 of PII IIct No.6 of 1974. (READ ALL PIIGES OF THIS NOTICE CIIREFULLY) The MORTGAGE held by the above name MORTGAGEE (hereinafter we, us, or ours) on your property noted above under RE:, IS IN SERIOUS DEFIIULT because you have not made the monthly payments as noted below under (a), and/or because you have failed to comply with or perform the other provisions of the ~ortgage obligations, if any, as noted below under (d). Previous late charges under (b) and other charges, if any, under (c) noted below, have also accrued to this date. THE TOTIIL IIMOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN OTHER WORDS, GET CIIUGHT UP IN YOUR PIIYMENTS liS OF THE DIITE OF THIS LETTER, IS NOTED BELOW UNDER (e). (a) 09/01/96 thru 09/01/96 1 @ $523.50/month 1 @ $16.43/late charge/month 2 @ $534.58/month 1 @ $16.B8/late charge/month $539.93 (a) 10/01/96 thru 11/01/96 (b) Previous late charges(sJ (c) Other charge (s) : Inspection (s) : NSF Check (s) : (d) Other provisions of the mortgage obligation if any: (e) TOTIIL IIMOUNT (a), (b) and (c) R~QUIRED OF THIS DIITE: $l,OB6.04 $32.86- $l,65B.83 You may cure this default within THIRTY (30) DIIYS of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) which may fall due during this period. Such payment must be made either by CIISH, CIISHIER'S CHECK, CERTIFIED CHECK, OR MONEY ORDER made payable to CITICORP MORTGIIGE, INC., 15851 Clayton Road, Ballwin, Missouri 63011. " \ r PAGE TWO 11/04/96 . If you do not cure the default within THIRTY (30) DAYS, we intend ~/lr1C::C:>RP~ exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of the default is not made within THIRTY (30) DIIYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgage property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still 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 even if they are over $50.00. ilny attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the THIRTY (30) DIIY period, you will not be required to pay attorney's fees. Also, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. I If you have not cured the default within the THIRTY (30) DIIY period and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foraclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately THREE (3) MONTHS FROM THE DIITE OF THIS LETTER. II notice of the 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 will be by calling us at the following number: 1(BOO)723-7906. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. , PAGE THREE 11/04/96 ~ f , You have additional rights to help protect your interest in the property. YOU HIIVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGIIGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING ..L"1~CORPO INSTITUTION TO PIIY OFF THIS DEBT. YOU MIIY HIIVE THE RIGHT TO SELL ~I ..' TRllNSFER THE PROPERTY SUBJECT TO THE MORTGIIGE TO II BuYER OR TRllNSFEREE WHO WILL IISSm1E THE MORTGAGE DEBT, PROVIDED THAT JILL OUTSTIINDING PIIYMENTS, CHllRGES, ATTORNEY'S FEES, IIND COSTS lIRE PIIID PRIOR TO, OR AT THE SJlLE (IIND THIIT OTHER REQUIREMENTS UNDER THE MORTGIIGE lIRE SIITISFIED). CONTACT US TO DETERMINE UNDER WHIIT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HIIVE THE RIGHT TO HIIVE THIS DEFIIULT CURED BY II THIRD PIIRTY IICTING ON YOUR BEHllLF. If your delinquency is a result of a loss of employment income or a reduction in employment income you may be eligible for homeownership counseling from one of the Department of Housing and Urban Development approved homeownership counseling agencies. Please call us at 1-800-723-7906 for information regarding the HUD-approved counseling agency nearest you and/or to discuss the circumstances of the default with one of our Loan Counselors. t , ! If you cure the default, the mortgage will be restored to the same position as if no default has occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Gail J. Johns Collection Manager Collection Department 96110400000220 " J COMPANY NAME: CITICORP MORTGAGE, INC. ,~ VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated:Jj.!!./Y1 1Ja/!---- SCOTT SCHEINER By Title ASSISTANT SECRETARY CITICORP MORTGAGE, INC" SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC, VS, JOHN A, ECKRICH a/k/a JOHN A, ECKRICH III and, SUSAN WRAY ECKRICH, DEFENDANTS I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. cr 1 - <6,]. CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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 Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda Y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado Y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas Y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. usted puede perder dinero 0 sus propiedades 0 otros derechos import antes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. S1 NO TIENNE ABOGAn 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERV1CIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECC10N SE ENCUENTRA ESCRIDA ABAJO pARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Court Administrator, Cumberland County courtroJfE{'ony FROM RECORD Carlisle, Pa. 17013 _ _ (717) 240-6200 "' \ i.C , r' , . !n ,!'!tm~ony whereof, I here unto set my hand " " ::c; ~ual of sa:d CCl:fi a1 Carlisle, Pa. r'.-1~.'H'{ ()t~_, 199, _._ .__~.p,n l) _\1\~('''\('(''"' ,1),1'1 Prolhnnotarv ! i ~; CITICORP MORTGAGE, INC., SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC. VS. JOHN A. ECKRICH a/k/a JOHN A. ECKRICH III and, SUSAN WRAY ECKRICH, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA [, NO. CIVIL ACTION - LAW MORTGAGE FORECLOSURE C 0 M P L A I N T 1. Plaintiff, CITICORP MORTGAGE, INC. SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC., is a corporation organized and existing under the laws of Delaware with an office at P. O. Box 790014 MR 314, , r ~. St. Louis, Missouri 63179-0014. 2. Defendants, JOHN A. ECKRICH A/K/A JOHN A. ECKRICH III and SUSAN WRAY ECKRICH, are both adult individuals whose last known residence is 44 Palmer Drive, Camp Hill, Pennsylvania 17011-7925. 3. On or about August 23, 1985, Defendants executed and delivered a Mortgage Note in the sum of $55,500.00 payable to CITICORP HOMEOWNERS, INC., (original mortgagee). Citicorp Mortgage, Inc. is the Successor in Interest to Citicorp Homeowners, Inc. A copy of said Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book 788, page 953, conveying to the original Mortgagee the real estate described therein. said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 44 Palmer Drive, Camp 403 of Pennsylvania Act No.6 of 1974, but the Mortgagors have failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit "C". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in rem for the aforementioned total amount due together with interest at the rate of 8.5% ($11.12 per diem), together with other charges and costs, including escrow advances incidental thereto, to the date of Sheriff's Sale, and for foreclosure and sale of the property within described. PURCELL, KRUG & HALLER By ~jJn P /~ Le n P. Haller Attorney for Plaintiff I. D. JJl5700 1719 N. Front St. Harrisburg, Pa. 17102 (717) 234 -4178 ..J ADJUSTAllLE RATE NOTE This Nole conlalns provisions allowing for changes In my Inlerest rill:! every year. If my Inleresl rale Increases, my monlhly pnYp1enls will be higher. If my Inlerasl rale decreases, my monlhly pay men Is will be lower. Camp IIi 11__, .PennsYlvania 1C'lTn In"'F.1 August 23rd , 19~ I. BORROWER'S PROMISE TO I'AY In relurn for a loan Ihall have received, I promise to pay U.S. S 55,500,00 (this amClunl is called "principal"), plus in. leresl, 10 Ihe order of Ihe Lender. The Lender is CIrrCORP II0HEUWNERS, INC _' I under- sland Ihallhe Lender may Iransfer Ihis NOle. The Lender or anyone who lakes Ihis nOle by Iransfer and who is enlitled 10 receive paymenls under Ihis NOle is called Ihe "Nole Holder:' 2. INTEREST Inleresl'will be charged on Ihal pall of principal which has nol been paid, beginning on Ihe dare I receive principal and conlinuing unlillhe full amount of principal ha,1 been paid. Beginning on Ihe dale I receive principal, I will pay iOleresl al a yearly rale of 8. 50 %. The inleresl rale I will pay will ehange in accordance wilh Se((ion 4 of Ihis NOle. The inleresl rale required by Ihis Section and Seclion 4 of Ihis NOle is Ihe rale I will pay bOlh befoft and afler any defaull described in Section 7(0) of Ihis NOle. I . J. PAYMENTS (A) Time and Place of Paymenls I will pay principal and iOleresl by making payments every m'lOlh. I will make my monrhly payments onlhe firsl day of each monlh be~inning on -Dc ~nher _. 19~. I will ma~e Ihe,'e paymenls every monlh unlil I have paid all or Ihe principal and inleresl and any 01 her charges described below Ihall may Owe undcr Ihis NOle. My mOlllhly pa}'meOls will be applied 10 inleresl before principal. If, on _Sep~.mhpr ,2oI~, I slill Owe amouOlS under Ihis NOle, I will pay those amounls in full on Ihal dale, which is called Ihe "malurily dale:' I will make my monrhly paymenrs aI 670 HASaN RIDGE CENTER DRIVE, ST. LOUIS. HO 63J.~ or al a differenl place if required by the NOle Holder. (8) Amounl of Monlhly Pay men Is My monlhly paymenl will be inlhe amoulll of U.S. S 476 7~ . This amouOl will change if Ihe inlerest rale Ihal I musI pay c~anges. The NOle Holder will delermine my new inleresl rale and Ihe Changed amounl of my monthly paymenl in accordance wilh Seclion 4 of Ihis NOle. 4. INTEREST RATE AND MONTI/tY PAYMENT CI/ANGES (A) Change Dales The inleresl rale I will pay may change onlhe firsl day of September ,19~. and on lhal day every 121h monlh lhereafler. Each dale on which my inleresl rale could change is called a "Change Dale:' (8) The Index Deginning wilh Ihe firsl Change Dale, my interesl rale will be based on an Index. The "Index" is Ihe weekly average yle"l on Uniled Slales Treasury secnrities adjulled 10 a conSlarll malurily of I year, ~s made available by the Federal Reserve Oo~rd. The mOSI recenl Index figure available as of Ihe dare 45 da)/I before each Change Date is called Ihe "Currenl Index:' If lhe Inde.~ is no longer available, Ihe NOle flolder will choose a new inde.~ which is based upon Comparahlc information. The .'Jole Holder will givc me nOlice of Ihis choice, (C) Calcnlalion of Changes "', Defore each Change Dale, Ihe NOle flolder will calculate my new inlerest rale by adding Two and Sixty IIundredths -.. P""'enlage poinls ( 2.60 "lo) 10 Ih" Currenr Index. The NOle lIolder Willlhen round 'he resull of Ihis addilion 10 Ihe nearesl one.eighlh of one percenlage poinl (0.125%). This rounded amounl will be my new InlereSI -ale unlillhe nexl Change Dale. 44 P<!lmer Dri'L<L._~1I11D Hill. Pennsvlv.anin _'7011 IPRorUI.,. ,\nOIU\SI rortfolio ARM - I \'ear Wlrh"ul Paymenl Cnp, "11h AdJuslmenl 10 AdJ"'lm."1 Rale Cap and Ratt CAp 0,'., I.lft. 1/1/11, 11'1:\'"., ,,.., 11"""11"",..""""",.,1'" " The Note 1I0lder will then delermine Ihe amount of Ihe Illllnthly paymen' Ihat would I>e sufficient to repay Ihe unpaid prindpal balance of IllY loan I alll e'peeted 10 o"e on Ihe Change Date in lull on Ihe maturilY date al n'y new inlerest rate In substanlially equal paymenls. The result of Ihis calculalion is called the "Full Payment Amounl", and it will be Ihe new anlOllllt of my monthly paymenl, subject to subsection (D) below. (II) I.Imlts un Inlerest Hate Chang". The rate of inleresl I am required 10 pay shall never be increaled or decreased on any sillglc Inleresl Chauge Date hy more Ihan 2% frolll Ihe rale of inleresl I have been paying f~r Ihe preceding Iwelve months. My illlClest rale also shall never be grealer I han IS. SO '!o. (E) EIf<<lIve nale 01 Changes My new illleresl rale will bec,ime effeclive on each Change Dale. I will pay the amounl of my new monthly paymenl beginning on the firsl monlhly payment date after the Change Date until the amount 01 m)' monthly paymenl changes again. (F) Nollee nl Changes The Nole Holder will mail or dcliver 10 Ille a nOlice of any change, in Ihe amounl of my monthly payment before the effective date of any change. The nolice will include informalion required by law to be given me and also the tille and telephone number of a person who will answer any queslion I may have regarding the nOlice. 5. nORROWEIt'S RIGIIT TO .'REPAY I have Ihe right to make payments of principal al any time before Ihey ate due. A payment of principal only is known as a "prepay- menl:' When I make a prepaymenl, I will tell Ihe Nole Holder in writing that I am doing so. I may make a full prepayment or a parlial prepayment without paying any penaily. The Note Holder will use all 01 my prepaymenls 10 reduce the amounl of principallhal I owe under Ihis Note. If I make a pa:tial prepaymenl, Ihere will be no delays in Ihe due dales of my monlhly paymenls unless Ihe NOle Holder agrees in wriling to those delays. My partial prepaymenl will reduce the amounl of my monlhly paymenls afler the first Change Date following n,y parlial prepayment. However, an)' rednction due 10 my parlial prepay. ment may be oflsel by an interesl rale increase. 6. LOAN CIIARGES If a law, which applies 10 Ihis loan and which selS maximum loan charges, is finally inlerpreted so Ihatthe interesl ur olher loan charges collected or to be eollecled in conneelion with this loan exceel\the permitled limils, then: (i) any such loan charge shall be reduc. cd by Ihe amount necessary 10 reduce the charge to the permitled limit; and (ii) any sums aheady colleeled from me which exceeded permitled limits will be refunded 10 me. The NOle Holder may choose to make Ihis refund by reducing the principal I owe under this Nole or by making a direel paymenl 10 me. II' a relund reduces principal, the reduction will be Irealed as a partial !,r<payment. 7. nORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge lor Overdue Payments II the NOle Holder has not received the full amount of any of my monthly payments hy the end of ..!1- calenllar days after Ihe date It is due, I will pay a laIC charge 10 the Nole Holder. The amount of Ihe charge will be 4 -." of my overdue paymenl 01 principal and interesl. I will pay Ihis late charge promplly but unly onCe on any late paymenl. (0) nefanlt II I do nol pay the full amouol of each monlhly pa~menl on Ihe date il is due, I will be in default. (C) Nollee of De,"ult III am iu default, Ihe Note I-Iolder may send me a wrilten notice lelling me thaI if I do not pay the overdue amollnt b)' a cerlain dale, Ihe Note I-Iolder may require me 10 pay immediately the lull amount of prillcipal which has not been paid and all the inlerest Ihat 1 owe 00 that amount. That dale must be al leasl 30 days after the date on which the nOliee is mailed or delivered to me. (D) No Waiver By Note 1I0lder Even if, at a lime when I am in default, the Note I-Iolder does nol require me to pay immediately in full as described above, the Nole Holder will still have the right 10 do so if I am in default at II laler time. (E) Paymenl of Note 1I0lder's Cnsls and Expenses IIlhe Note Holder has required me 10 pay immediatcly in full as described above, Ihe Note Holder will have Ihe right to be paid back by me for all of ils coSIS and expenses in enforcing this Note to Ihe extenl not prohibited by applicahle law. Those expenses include, for example, reasouable altorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different melhod, any notice that must be given 10 me under this Note will be given by mailing it by first class mail or by delivering ilIa me althe Property Address above or at a diflerent address if I give the Note Holder a nOlice of my diflerent address. Any nOlice Ihal must be given to Ihe Note Holder under this Note will be given by mailing it by IIrst class mail to the NOle Holder al Ihe address Slated in Section 3(A) above or al a different address if I am given al1<l.tice of Ihal dilferent address. 9. on LIGATIONS OF I'ERSONS UNDER TillS NOTE I f more than one person signs Ihis Nole, each person is lully and personally obligaled 10 keep all of the prllmises made in Ihi' Not<:, including lhe promise to pay the filII amount owed. Any person who is a guaranlOr, sUI'ely. or endorser of this NOle is also ubligater' 10 do these Ihings, Any person who lakes over Ihese obligations, inclllding Ihe obligations 01 a guarantor, surety, or endor..r ollhi' Nole, is also obligated 10 keep all of the promises made in Ihis NOle. The Note Holder may enlorce its rights under this Nole againS! each perloll individually or against all of us lllgelher. This means Ihal anyone 01 us may be required 10 pay all 01 the amounlS OWer. under this NOle. I -' O. WAIVEIlS I and any other person who has obligations ullder this Note waive the riGlm of presenlmentlond not ire of di,honor. "Presentment"_ :!ealls Ihe righlto require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the ,ate Holder to give nolke to other persons Ihal amounts due have not been paid. 'I. TillS NOTE SECUIlE[) DY A SECUIlITY INSTRUMENT In addition to the protections given to the Note Holder under this Note, a Morlgage, Deed r)f Trust, or Deed 10 Secure Debl (the 'Security Instrument") with an Adjustable Rate Rider, dated the same day as this Note, protects Ihe No'e Holder from possible losses vhich might result if I do not keep Ihe promises which I make in this I-Iote. That Security Instrurlent and Rider describe how and ",der what conditions I may be required to make immediate payment in full of all amounts I owe under Ihis Note. Some of those cundi- iOIl! are described as follows: IMInsfer of the Property or a Deneflclallnlerest in Dorrower. If all or any part of the Property or any interest in it is sold or transferred or if a beneficial illlerest in Dorrower is ,old or tran,ferred and Dorrower is not a natural person) withom under's prior written consent, Lender may, at its option, require immediate payment in full of all snnls secured by this Security Instrument. However, thi, option shall lot be e,,.rcised by Lender if e..rcise is prohibited by federal law as of the date of this Security Instrument. under alsll shall not exercise his option if: (a) Dorrower caUses to be sub milled to under information required by I.ender 10 evaluate the intended Iransferee as if I new ),:,an were being made to the transferee; and (b) under reasonably determines that under's security will not be impaired by Ihe :oan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to under. To Ihe extent permilled by applicablel.w, under may charge a reasonable fee as a condition to under's consent to the loan assumption. under may also require the transferee 10 sign an assumption agreemenl that is acceptable to lender and that obligates the transferee 10 keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be ol'ligated under the Note and this Security Instrument unless under releases Borrower in writing. If under exercises the option to require immediate payment in full, lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the Itotice is delivered or mailed within which '\lorrower must pay all sums secured by this Security Instrument. If Dorrower fails to pay these sums prior to the expiration of this period, lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Witness the hand(s) and seal(s) of the undersigned. I )) r J/~ (Seal) .BoIIO~ .\ (Seal) .80"o~ (Seal) .80n_ {Sign Orillinal Only} .... ... t " \ ALL THAT CERTAIN tract or parcel of land w~th improvements thereon erected, situate in Lower Allen Township, Cumberland Count),Pennsylvania , bounded and described in accordance with a survey and plan thereof made by Roy ~.H. Benjamin, Professional Engineer, dated January 3i, 1969, as follows: BEGINNING at a point on the Southerly line of Palmer Drive, <i1ich point is nine hlrdred ~ five (905) feet West of the Southwesterly corner 01 Nottinghac Roa~ and Palmer Drive and at dividing line between Lots No. 17 and 18, Block ~, on the hereinatter mentioned plan of lots; thence along said dividing line South no (0) degrees fifty-six (56) minutes West one hundred forty-five (145) feet to a point; thence along the Northerly line of Lots No. 10 and II, Block H on said plan North eighty-nine (89) degrees four (04) minutes West seventy-five (75) feet to a point at dividing line between Lots No. 16 and 17, Block H, on said plan; thence alonR said dividing line North no (0) degrees fifty-six (56) minutes East one hundred forty-five (145)feet to a point on the Southerly line of Palmer Drive aforesaid; thence along same South eighty-nine (89) degrees four (04) cinutes East, seventy- five (75) feet to a point, the Place of BEGINNING. BEING Lot No. 17, Block H on Plan of Country and Town Bomes, Inc., which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 7, page 41. HAVING THEREON ERECTED 3 one story frame dwelling house known as No. 44 Palmer Drive. BEING the same premises which Joseph Kowaleski. Jr. and Barbara A. Kowaleski,' his w!fe, by Deed bearing even date herewith and intended to be forthwith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland. aforesaid, granted and conveyed unto John A. Eckrich and Susan Wray Eckrich, his wife, in fee, EXHIBIT "A" ............. . .,~ I:IJO~ '1~:j 1m US', RE: Property: 44 Palmer Dr Camp Hill, PA l7011-7925 0002161B94 Citicorp Mortgage, Inc. 11/04/96 ,t. { I , Loan No: Hortg8gee: Date: TO: John II Eckrich III 44 Palmer Dr Camp Hill, PII l70ll-7925 CITlCORPO' NOTICE OF INTENTION TO FORECLOSE HORTGIIGE under Section 403 of PII IIct No.6 of 1974. (REIID JILL PIIGES OF THIS NOTICE CIIREFULLY) The MORTGIIGE held by the above name MORTGIIGEE (hereinafter we, us, or ours) on your property noted above under RE:, IS IN SERIOUS DEFIIULT because you have not made the monthly payments as noted below under (a), and/or because you have failed to comply with or perform the other provisions of the mortgage obligations, if any, as noted below under (d). Previous late charges under (b) and other charges, if any, under (cl noted below, have also accrued to this date. THE TOTIIL IIMOUNT NOW REQUIRED TO CURE THIS DEFIIULT, OR IN OTHER WORDS, GET CIIUGHT UP IN YOUR PIIYMENTS liS OF THE DIITE OF THIS LETTER, IS NOTED BELOW UNDER (e). (al 09/01/96 thru 09/01/96 1 @ $523.50/month 1 @ $16.43/late charge/month (a) 10/Ol/96 thru 11/01/96 2 @ $534.5B/month 1 @ $16.88/late charge/month (b) Previous late charges(s) (c) Other charge(s) : Inspection(s) : NSF Check(s): (d) Other provisions of the mortgage obligation if any: (e) TOTJIL IIMOUNT (a), (b) and (c) REQUIRED OF THIS DIITE: $539.93 $1,086.04 $32.86- $1,658.83 You may cure this default within THIRTY (30) DIIYS of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) which may fall due during this period. Such payment must be made either by CIISH, CIISHIER'S CHECK, CERTIFIED CHECK, OR MONEY ORDER made payable to CITICORP MORTGIIGE, INC., 15851 Clayton Road, Ballwin, Missouri 63011. " "(\' ( ~ PAGE TWO 11/04/96 If you do not cure the default within THIRTY (30) D~YS, we intend tCl1r1C::C:>~O' exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of the default is not made within THIRTY (30) DIIYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgage property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still 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 even if they are over $50.00. ilny attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the THIRTY (30) DIIY period, you will not be required to pay attorney's fees. IIlso, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. I If you have not cured the default within the THIRTY (30) DIIY period and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's' fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately THREE (3) MONTHS FROM THE DIITE OF THIS LETTER. ~ notice of the 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 will be by calling us at the following number: 1(800)723-7906. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. , Loan No: Mortgagee: Date: 44 Palmer Dr Camp Hill, PA 17011-7925 0002161B94 Citicorp Mortgage, Inc. 11/04/96 RE: Property: TO: Susan Ray Eckrich 44 Palmer Dr Camp Hill, PA 17011-7925 ClncoRPO' NOTICE OF INTENTION TO FORECLOSE MORTGIIGE under Section 403 of PII Act No.6 of 1974. (READ JILL PAGES OF THIS NOTICE CAREFULLY) The MORTGIIGE held by the above name MORTGIIGEE (hereinafter we, us, or ours) on your property noted above under RE:, IS IN SERIOUS DEFIIULT because you have not made the monthly payments as noted below under (a), and/or because you have failed to comply with or perform the other provisions of the ~ortgage obligations, if any, as noted below under (d). Previous late charges under (b) and other charges, if any, under (c) noted below, have also accrued to this date. THE TOTIIL IIMOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN OTHER WORDS, GET CAUGHT UP IN YOUR PIIYMENTS AS OF THE DIITE OF THIS LETTER, IS NOTED BELOW UNDER (e). (a) 09/01/96 thru 09/01/96 1 iii $523.50/month 1 iii $l6.43/late charge/month $539.93 (a) 10/01/96 thru 11/01/96 2 iii $534 .5B/month 1 iii $16.88/late charge/month $l,OB6.04 (b) Previous late charges(s) $32.86- (c) Other charge (s) : Inspection(s) : NSF Check (s) : (d) Other provisions of the mortgage obligation if any: (e) TOTIIL IIMOUNT (a), (b) and (c) R~QUIRED OF THIS DATE: $l,65B.83 You may cure this default within THIRTY (30) DAYS of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) which may fall due during this period. Such payment must be made either by CIISH, CASHIER'S CHECK, CERTIFIEO CHECK, OR MONEY ORDER made payable to CITICORP MORTGAGE, INC., 15B5l Clayton Road, Ballwin, Missouri 63011. " PAGE TWO 11/04/96 If you do not cure the default within THIRTY (30) DIIYS, we intend ~/1r1C::C:>RPc:t exercise our right to accelerate the mortgage payments. This means that whatever is owed on tho original mortgage amount borrowed will be considered due immediately, and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of the default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgage property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still 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 even if they are over $50.00. ilny attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the THIRTY (30) DIIY period, you will not be required to pay attorney's fees. IIlso, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. I If you have not cured the default within the THIRTY (30) DIIY period and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foroclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. II notice of the 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 will be by calling us at the following number: 1(800)723-7906. This payment must be in cash, cashier's check, certified check or money order and mad~ payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. " PAGE THREE 11/04/96 ~. f , .. , . ,~ Y~u have additional rights to help protect your interest in the property. YOU HIIVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING ..L"1~CO'''rtO' INSTITUTION TO PIIY OFF THIS DEBT. YOU MAY HIIVE THE RIGHT TO SELL ~I ..' .~ TRllNSFER THE PROPERTY SUBJECT TO THE MORTGIIGE TO II BUYER OR TRllNSFEREE ~(O WILL IISSUME THE MORTGAGE DEBT, PROVIDED THIIT JILL OUTSTIINDING PIIYMENTS, CHllRGES, IITTORNEY'S FEES, IIND COSTS lIRE PIIID PRIOR TO, OR AT THE SJlLE (IIND THIIT OTHER REQUIREMENTS UNDER THE MORTGIIGE ARE SIITISFIED). CONTIICT US TO DETERMINE UNDER WHIIT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU IIAVE THE RIGHT TO !lAVE THIS DEFIIULT CURED BY II THIRD PIIRTY IICTING ON YOUR BEHllLF. If your delinquency is a result of a loss of employment income or a reduction in employment income you may be eligible for homeownership counseling from one of the Department of Housing and Urban Development approved homeownership counseling agencies. Please call us at 1-800-723-7906 for information regarding the HUD-approved counseling agency nearest you and/or to discuss the circumstances of the default with one of our Loan Counselors. If you cure the default, the mortgage will be restored to the same position as if no default has occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Gail J. Johns Collection Manager Collection Department 96110400000220 " ~ COMPANY NAME: CITICORP MORTGAGE, INC. ~ VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated:JjJdq1 By 9/1--- SCOTT SCHEINER Title ASSISTANT SECRETARY .~ ')!'I- 1.::/ 'I ':1" I! 'J..I J I ~ ~ ~ CITICORP MORTGAGE, INC" SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC, VS, JOHN A, ECKRICH a/k/a JOHN A, ECKRICH III and, SUSAN WRAY ECKRICH, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I I I I NO, C)J '1 ~, 1 . (Jr::J. CIV!L ACTION - LAW MORTGAGE FORECLOSURE NOTICE 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A r~WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Court A~ministrator, Cumberland County CoulJIrn3~~OPY FI10M RECORD Carl~sle Pa. 17013 -- (717) 240-6200. " , , , I:: . ':,':;:"~~l' ...,~~rca,. I ~ere unto set my hand .: '. :~'nl cf .Ji'l GCIjf1 at Carlisle, Pa. I '.n_J_~~'_ d~y otJ~-,- _. 19)2- \ ,.", \ 'J ,ll\ :.h\\\r'('.'\ () ,t.1 Prothonotary , t r , CITICORP MORTGAGE, INC" SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC. VS. JOHN A, ECKRICH a/k/a JOHN A. ECKRICH III and, SUSAN WRAY ECKRICH, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 1 t NO. CIVIL ACTION - LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose, The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor, Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff ------"".....-.._~: CITICORP MORTGAGE, INC., SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC. VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. JOHN A. ECKRICH a/k/a JOHN A. ECKRICH III and, SUSAN WRAY ECKRICH, DEFENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, CITICORP MORTGAGE, INC. SUCCESSOR IN INTEREST TO CITICORP HOMEOWNERS, INC., is a corporation organized and existing under the laws of Delaware with an office at P. O. Box 790014 MR 314, St. Louis, Missouri 63179-0014. 2. Defendants, JOHN A. ECKRICH A/K/A JOHN A. ECKRICH III and SUSAN WRAY ECKRICH, are both adult individuals whose last known residence is 44 Palmer Drive, Camp Hill, Pennsylvania 17011-7925. 3. On or about August 23, 1985, Defendants executed and delivered a Mortgage Note in the sum of $55,500.00 payable to CITICORP HOMEOWNERS, INC., (original mortgagee). Citicorp Mortgage, Inc. is the Successor in Interest to Citicorp Homeowners, Inc. A copy of said Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book 788, page 953, conveying to the original Mortgagee the real estate described therein. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 44 Palmer Drive, Camp 403 of Pennsylvania Act No. 6 of 1974, but the Mortgagors have failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as j J " Exhibit "C". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in rem for the aforementioned total amount due together with interest at the rate of 8.5% ($11.12 per diem), together with other charges and costs, including escrow advances incidental thereto, to the date of Sheriff's Sale, and for foreclosure and sale of the property within described. PURCELL, KRUG & HALLER By ~)}1 -f? /~ Le P. Haller Attorney for plaintiff I. D. 1I15700 1719 N. Front St. Harrisburg, Pa. 17102 (717) 234-4178 ..J ADJUSTAHLE RATE NOTE This Note contains provisions allowing for changes In my Interest ratc! eVllry year. If my Interest rate Increases, my monthly pnYJ11ents will be higher. If my Interest rate decreases, my monthly payments will be lower. Camp Hi 11 IClTYI Pennsylvania . . mATEt August 2Jrd 1985 '- 44 Pa!mgr Drive. CamD lIill. Pennsvlv_ania 17011 IrROP(RTY l\nt>IlE!lS) t. BORROWER'S PROMISE TO PAY In relurn for a loan Ihall have received, I promise to pay U.S. S 55,500.00 (I his amount i.I called "principal"), plus in. tereSI, to the order of Ihe lender. The lender is CITICORP HOMEOWNERS. lNC _' I under. stand Ihat Ihe lender may transfer Ihis NOle. Th~ lender or anyone who takes Ihis note by transfer and who is enlilled to receive payments under this Nole is called Ihe "Nole Holder:' 2. INTEREST Interest 'will be charged on that part of principal which has nol been paid, beginning on Ihe date I receive principal and conlinuing unlil Ihe full amounl of principal has been paid. Beginning onlhe dale I receive principal, I will pay intereSI at a yearly rale of 8.50 "10. The inlerest rale I will pay will change in accordance wilh Section 4 of Ihis Note. The inlerest rale required by this Seclion and Section 4 of this Note is Ihe rate I will pay bOlh before and after any default described in Section 7(B) of this Nole. j . 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interesl by making payments every m,mlh. I will make my monthly payments on the first day of each month be~inning on Dc tnh~ r _, 19~. I will make Ihe,e payments every month unlil I have paid all of the principal and interest and any other charges described below Ihall may owe under Ihis NOle. My monthly payments will be applied 10 interesl before principal. If, on _SpptPmhpr ,2ol~, I still owe amounts under this NOle, I will pay those amounls in full on that dale, which is called the "malurity dale:' I will make my monlhly paymenls al _670 ~lASON RIDGE CENTER DRIVE, ST, LOUIS, MO 6J1.~ or at a diHerent place if required by Ihe Nole Holder. (B) Amount of Monthly Payments My monlhly paymenl will be in the amount of U.S. S 426 7~ . This amount will change if the interest rate Ihal I must pay cl1anges. The Note Holder will determine my new interest rate and the changed amount of my monlhly payment in accordance with Section 4 of this Nole. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) ChanRe Dates The interest rale I will pay may change on the first day of September ,19~, and on that day every 121h monlh Ihereafter. Each date on which my inleresl rate could change is called a "Change Dale:' (B) The tndex Beginning wilh Ihe firsl Change Dale, my interest rale will be based on an Index. The "Index" is the weekly average yield on United Slales Treasury securities adjusted to a constanl maturily of I year, as made available by the Federal Reserve Board. The most recenl Index figure available as of the date 45 days before each Change Date is called the "Current Index:' If Ihe Index is no Innger available. Ihe NUle Holder will choose a new index which is based upon comparahle information. The 'Jole Holder will give me nOlice of Ihis choice. ... (C) Calcnlation of ChanRes '",- Before each Change Dale, Ihe NOle Holder will calculale my new inlerest rale by adding _Two and~JCtv Hundredths p,',centage poinls (2.60 "10) 10 Ih,: Currenllndex. The Nole Holder willlhen round he result of Ihis addition 10 the nearesl one.eighlh of one percenlage poinl (0.125"10). This rounded amount will be my new inlerest 'ate unlillhe nexl Change Dale. PorI folio ARM - I 'br Wlllroul "annent C"p, wlllr Adjustment to AdJostmenl Rate Cap and Rate Cap O"er I.Ife. The Nole 1I0ldel willlhen delermine Ihe amounl of Ihe monlhly pay men' Ihal would be !urficirnl 10 repay Ihe unpaid prindpal balance of In)' loan I am e,pecled 10 owe on Ihe Change Date in full on Ihe maturity date al n'y new intere!1 rate in !lIb!lanllally equal paymenls. The re"llI of Ihis calculalion h called Ihe "Full Payment Amount", and il will be Ihe new amoulIl of my monlhly paymenl, \Ubjecl 10 !ubseclion (D) below. (Il) I.Imlls on Inleresl Rale Change!. The rate of inlere!1 I am required 10 pay shall never be increased or decrea!ed on any !illglc Inlere!! Change Dale hy more Ihan 2% from Ihe rale of inlere!1 I have been paying 1'01' Ihe preredin~ Iwelve monlh!. My inte.e!1 rale nho shall never be grealer Ihan Ji...5.lL- '1.. (E) Elleellve Date of Changes My new intere!1 rale will becJme effeclive on each Change DMe. I will pay Ihe amount of my new monthly payment beginning on Ihe fir!t monlhly payment date after Ihe Change Date unlil the amount of my monthly payment changes a~ain. (F) Nollee of Change. The Note Holder will mail or deliver 10 me a notice of any change, in Ihe amount of my monlhly payment before the erreclive dale of any change. The nOlice will include informalion required by law to be given me and also Ihe title and telephone number of a per!on who will answer any que!lion I ma)' have regarding Ihe notice. 5. nORROWER'S IlIGIIT TO PIlEPAY I have the righllO make payments of principal at any time before they arc due. A payment of principal only is known as a "prepay- ment:' When I make a prepaymenl, I will lelllhe Note Holder In wriling thai I am doing so. I may make a full prepayment or a partial prepayment wilhout paying any penallY. The Note Holder will u!e all of my prepayments 10 reduce the amounl of principallhal I owe under this Note. If I make a pa:!ial prepaymenl, Ihere will be no delays in the due dales of my monthly paymenls unless Ihe Nole Holder agrees in writing 10 those delays. My parlial prepayment will reduce Ihe amount of my monthly paymenlS after the firsl Change Dale following nlY parlial prepayment. However, an)' r.dnclion due to my partial prepay. menl may be offsel by an inleresl rale increase. 6. LOAN CIIARGES If a law, which applies 10 Ihis loan and which selS maximum loan charges, is finally inlerpreted '" thai the inlerest or olher loan charges collecled or to be collecled in conneclion with this loan exceetl Ihe per milled limits, then: (I) any such loan char~e shall be reduc. cd by Ihe amounl necessary 10 reduce Ihe charge to Ihe permilled Iimil; and (iI) any sums aheady collecled from me whieh exceeded permilled Iimils will be rerunded 10 me. The NOle Holder may cho(\se 10 make Ihis refund by reducing the principal I owe under this Nole or by making a direct paymenl 10 me. I f a retund reduces principal, Ihe reduction will be trealed as a partial prepaymenl. 1. nORROWEll'S FAILUIlE TO PAY AS IlEQUIRED (A) Late Charge for Overdne Payments If the Note Holdcr has not received thc full amount of any of my monlhly paymenls 11)' the end of 11...- calemlar days after Ihe date il is due. I will pay a laic charge 10 Ihe Nole Holder. The amounl of Ihe charge will be 4 -'" of my overdue paymenl of principal and inlerest. I will pay Ihis laic charge promptly bul only once on any late payment. (II) Defalllt If I do nol pay Ihe filii amoulIl of each monlhly paymenl on Ihe dale il is due, I will be in defaull. (C) Nollce of Default If I am iu defaulI, Ihe Nole Holder may send me a wrilten notice lelling me Ihat if I do not pay Ihe overdue amount by a certain dale, Ihe Note Holder may require me 10 pay immediately the full amount of principal which has not been paid and all the interest Ihat I owe on Ihat amount. Thai date musI be at least 30 days after the dale on which the nOlice is mailed or delivered 10 me. (0) No Waiver By Nole 1I01der Even if, at a lime when I am in default, the Note Holder docs not require me to pay immedialely in full as described above, the Nole Holder will slill have the righl 10 do so if I am in defaull al a later time. (E) Payment of Note 1I0lder's Costs and Expenses I f the Note 1I0lder has required me 10 pay immedialely in full as described above, the Nole Holder will havr the right to be paid back by me for all of its costs and expenses in enforcing this Note 10 the exlent nOI prohibiled by applicable law. Those expenses include; for example, reasonable altorneys' fees. 8. GIVING OF NOTICES Unlcss applicable law requires a differenl melhod, any nOlice that musl be given 10 me under this Note will be given by mailing il by first class mail or by delivering it 10 me at Ihe Property Address above or al a different address If I give the Nole Holder a notice of my different address. Any nolice that must be given 10 Ihe Note Holder under Ihis Note will be given by mailing it by first class mail to the Nole Holder al Ihe address staled in See lion 3(A) above or at a different address if I am given al1<llice of that different address. 9. OBLIGATIONS OF PEIlSONS UNIJEIl TillS NOTE If more than one person signs Ihis Nole, each person is fully and personally obligaled to keep all nf the plllmises made in thi, NOle, including Ihe promise to pay Ihe full amount owed. Any person who is a guarantor, surely, or endorser of Ihis Nnte Is also obligalec 10 do these things. Any per!on who I,lkes over these ohligations. including Ihe obligalions of a guarantor, surety, or endor..r of thi' Nole, is also obligaled 10 keep all of the promises made in Ihis NOle. The Note Holder may enforce ilS rights under this Note againsl each' person individually or against all of us Illgelher. This means Ihal anyone of ns may be required 10 pay all of the amounlS owed under Ihis NOle. I ..: ~ ) -' n. WAIVEIlS I and any other person who has obligations under this Note waive rhe ri[hlli of presentment und notire of di~honor. "Pl'e~enlment"_ '"eans Ihe righllo require lhe Nole Holder 10 demand paymenl of amounlS due. "Nolice of dishonor" means the righllo require lhe ,ole Holder 10 give no lice 10 olher persons lhat amounts due have nol been paid. : J. TIllS NOTE SECURE!) DY A SECUIlITY INSTRUMENT In addilion to lhe proleelions given to lhe Note Holder under Ihis Nole, a MOllgage, Deed 'If Trusl, or need 10 Sew,e Debl (lhe 'Seeurily InslrUmel1l") wilh an Adjuslable Rale Rider, daled the sam" day as this NOle, prolects I~e Nole Holder from possible losses vhich mighl result if I do nol keep Ihe promises which I make in lhis l'Iole. lhat Security Inslrurlenl and Rider describe how and mder what condilions I may be required to make immediale payment in full of all amounls I owe under lhis Nole. Some of thnse condi- ions are described as follows: InlOsler 01 lhe Properly or a nenelld.llntereslln Dorrower. If all or any pall of the Properly or any inlerest in it is sold or transferred or if a beneficial inleresl in Borrower is sold or I ralllferred and norrowcr is nol a nalural person) without Lender's prior wrillen consent, Lender may, at its option, requi,e immediale paymenl in full of all SllnlS secured by this Security Inslrument. However, this olJlion shall lot be exercised by Lcnder if exercise is prohibiled by federal law as of the dale of Ihis Security Instrllment. Lemler also shall not exercise hi., oplion if: (a) Borrower causes 10 be submilled 10 Lender informalion requircd by 1.ender to evaluate the intended tramferee as if .I new loan were being made 10 Ihe transferee; and (b) Lender reasonably delermines Ihat Lender's security will not be impaired by the loan assumption and thai the risk of a breach of any covenant or agreement in this Security Instrument i~ aeceplable to Lender. To the extent permilled by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be ol-Iigated under Ihe Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which 'Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permilled by this Security Instrument without further notice or demand on Borrower. Witness the hand(s) and seal(s) of the undersigned. I )/ (' ~ JJ.J .\ Q.-i_ It. ~L--A A A. ECKRICH ~/ I I 'f" ~wAe SAN WRAY ECK (Seal) .Bouo-.r' ?1 (Seal) .Bono*" (Seal) .ao"o-tf {Sign Or;ll;nal Onlyj .... ... ALL THAT CERTAIN tract or parcel of land ~~th improvements thereon erected, situate in Lo~er Allen Township, Cumberland Count) ,Pennsylvania , bounded and described in accordance with a survey and plan thereof made by Roy M.B. Benjamin, Professional Engineer, dated January 3l, 1969, as follows: BEGINNING at a point on the Southerly line of Palmer Drive, Iilich poir.t is nine htrdred ~ five (905) feet ~est of the Southwesterly corner of Nottingham Roarl and Palmer Drive and at dividing line between Lots No. 17 and IB, Block M, on the hereinafter mentioned plan of lots; thence along said dividing line South no (0) degre.s fifty-six (56) minutes ~est one hundred forty-five (145) feet to a point; thence along the Northerly line of Lots No. 10 and II, Block H on said rlan North eighty-nine (89) degrees four (04) minutes ~est seventy-five (75) feet to a point at dividing line between Lots No. 16 and 17, Block H, on said plan; thence alocR said dividing line North nO (0) degrees fifty-six (56) minutes East one hundred forty-five (145)feet to a point on the Southerly line of Palmer Drive aforesaid; thence along same South eighty-nine (89) degrees four (04) minutes East, seventy- five (75) feet to a point, the Place of BEGINNlNG. BElNG Lot No. 17, Block H on Plan of Country and Town Bomes, Inc., ~bich plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 7, page 41.. HAVING THEREON ERECTED 3 one story frame dwellirg house known as No. 44 Palmer Drive. BEING the same premises which Joseph Kowaleski, Jr. and Barbara A. Kowaleski, his wife, by Deed bearing even date herewith and intended to be forthwith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland. aforesaid, granted and conveyed unto John A. Eckrich and Susan Wray Eckrich, his wife. in fee. EXHIBIT "A" . ", hllO! 'i'0!j J.\G! ~J:J'I t " RE: property: 44 Palmer Dr Camp nill. PA 17011-7925 0002161894 Citicorp Mortgage, Inc. 11/04/96 Loan No: Mortgagee: Date: TO: John II Eckrich III 44 Palmer Dr Camp Hill, PII 17011-7925 CITlCORPO' NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of PII IIct No.6 of 1974. (REIID JILL PAGES OF THIS NOTICE CAREFULLY) The MORTGAGE held by the above name MORTGAGEE (hereinafter we, us, or ours) on your property noted above under RE:, IS IN SERIOUS DEFIIULT because you have not made the monthly payments as noted below under (a), and/or because you have failed to comply with or perform the other pro.isions of the mortgage obligations, if any, as noted below under (d). previous late charges under (b) and other charges, if any, under (c) noted below, have also accrued to this date. THE TOTJIL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN OTHER WORDS, GET CAUGHT UP IN YOUR PIIYMENTS liS OF THE DATE OF THIS LETTER, IS NOTED BELOW UNDER (e). (a) 09/01/96 thru 09/01/96 1 @ $523.50/month 1 @ $16.43/late Charge/month $539.93 (a) 10/01/96 thru 11/01/96 2 @ $534.5B/month 1 @ $16.8B/late charge/month $l,OB6.04 (b) Previous late charges(s) $32.86- (e) Other charge(s): Inspection(s) : NSF Check (s) : (d) Other prov1s10ns of the mortgage obligation if any: (e) TOTIIL IIMOUNT (a), (b) and (c) REQUIRED OF THIS DIITE: $l,658.B3 You may cure this default within THIRTY (30) DIIYS of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) which may fall due during this period. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK, OR MONEY ORDER made payable to CITICORP MORTGAGE, INC., 15851 Clayton Road, Ballwin, Missouri 63011. " PIIGE TWO 11/04/96 If you do not cure the default within THIRTY (30) DAYS, we intend tCl1r1C::C:>RP~. exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of the default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgage property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still 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 even if they are over $50.00. ilny attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the THIRTY (30) DIIY period, you will not be required to pay attorney's fees. IIlso, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. I If you have not cured the default within the THIRTY (30) DIIY period and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's' fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately THREE (3) MONTHS FROM THE DIITE OF THIS LETTER. II notice of the 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 will be by calling us at the following number: 1(BOO)723-7906. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. " PIIGE THREE 11/04/96 t: You have additional rights to help protect your interest in the property. YOU HIIVE TilE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PIIY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM IINOTHER LENDING ..L"1~CORPO INSTITUTION TO PIIY OFF THIS DEBT. YOU MIIY HIIVE THE RIGHT TO SELL ~I ..' TRllNSFER THE PROPERTY SUBJECT TO THE MORTGIIGE TO II BUYER OR TRllNSFEREE WHO WILL IISSUME THE MORTGIIGE DEBT, PROVIDED THIIT JILL OUTSTIINDING PIIYMENTS, CHllRGES, IITTORIlEY'S FEES, AND COSTS lIRE PIIID PRIOR TO, OR liT THE SIILE (AND THIIT OTHER REQUIREMENTS UNDER THE MORTGIIGE lIRE SIITISFIED). CONTIICT US TO DETERMINE UNDER WHIIT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HIIVE THE RIGHT TO HIIVE THIS DEFIIULT CURED BY A THIRD PIIRTY IICTING ON YOUR BEHIILF. ( If your delinquency is a result of a loss of employment income or a reduction in employment income you may be eligible for homeowners hip counseling from one of the Department of Housing and Urban Development approved homeownership counseling agencies. Please call us at 1-800-723-7906 for information regarding the \IUD-approved counseling agency nearest you and/or to discuss the circumstances of the default with one of our Loan Counselors. If you cure the default, the mortgage will be restored to the same position as if no default has oc~urred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Gail J. Johns Collection Manager Collection Department 96110400000219 " "v Loan No: Mortgagee: Date: 44 Palmer Dr Camp Hill, PII 17011-7925 0002161B94 citicorp Mortgage, Inc. 11/04/96 RE: Property: TO: susan Ray Eckrich 44 Palmer Dr Camp Hill, PII 17011-7925 CITlCORPO' NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of PII Act No.6 of 1974. (REIID ALL PIIGES OF THIS NOTICE CIIREFULLY) The MORTGAGE held by the above name MORTGAGEE (hereinafter we, us, or ours) on your property noted above under RE:, IS IN SERIOUS DEFIIULT because you have not made the monthly payments as noted below under (a), and/or because you have failed to comply with or perform the other provisions of the ~ortgage obligations, if any, as noted below under (d). previous late charges under (b) and other charges, if any, under (c) noted below, have also accrued to this date. THE TOTIIL I\MOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN OTHER WORDS, GET CIIUGHT UP IN YOUR PIIYMENTS liS OF THE DIITE OF THIS LETTER, IS NOTED BELOW UNDER (e). (a) 09/01/96 thru 09/01/96 1 ill $523.50/month 1 ill $16.43/late charge/month $539.93 (a) 10/01/96 thru 11/01/96 2 ill $534.58/month 1 ill $16.8a/late charge/month $l,OB6.04 (b) Previous late charges(s) $32.86- (c) Other charge(s): Inspection (s) : NSF Check(s) : (d) Other provisions of the mortgage obligation if any: (e) TOTJIL IIMOUNT (a), (b) and (c) R~QUIRED OF THIS DIITE: $l,65B.B3 You may cure this default within THIRTY (30) DIIYS of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) which may fall due during this period. Such payment must be made either by CASH, CIISHIER'S CHECK, CERTIFIED CHECK, OR MONEY ORDER made payable to CITICORP MORTGAGE, INC., 15851 Clayton Road, Ballwin, Missouri 63011. " PIIGE TWO 11/04/96 If you do not cure the default within THIRTY (30) DAYS, we intend ~/1r1C::C:>RP~ exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of the default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgage property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against YOu, you will still 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 even if they are over $50.00. ilny attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the THIRTY (30) DIIY period, you will not be required to pay attorney's fees. IIlso, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. I If you have not cured the default within the THIRTY (30) DIIY period and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's for~closure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately THREE (3) MONTHS FROM THE DIITE OF THIS LETTER. II notice of the 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 will be by calling us at the following number: 1(800)723-7906. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. " .." ..." nr" ,. n~ PAGE THREE 11/04/96 You have additional rights to help protect your interest in the property. YOU HIIVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PIIY OFF THE MORTGIIGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING ~1nCo,nrto INSTITUTION TO PAY OFF THIS DEBT. YOU MIIY HIIVE THE RIGHT TO SELL ~I .~ TRllNSFER THE PROPERTY SUBJECT TO THE MORTGIIGE TO A BuYER OR TRllNSFEREE WHO WILL IISSUME TilE MORTGIIGE DEBT, PROVIDED THIIT IILL OUTSTIINDING PIIYMENTS, CHllRGES, IITTORNEY'S FEES, IIND COSTS lIRE PIIID PRIOR TO, OR liT THE SJlLE (AND THIIT OTHER REQUIREMENTS UNDER THE MORTGAGE lIRE SIITISFIED). CONTIICT US TO DETERMINE UNDER WHIIT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HIIVE THE RIGHT TO HIIVE THIS DEFIIULT CURED BY A THIRD PIIRTY ACTING ON YOUR BEHllLF. If your delinquency is a result of a loss of employment income or a reduction in employment income you may be eligible for homeownership counseling from one of the Department of Housing and Urban Development approved homeownership counseling agencies. Please call us at 1-800-723-7906 for information regarding the \IUD-approved counseling agency nearest you and/or to discuss the circumstances of the default with one of our Loan Counselors. If you cure the default, the mortgage will be restored to the same position as if no default has occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Gail J. Johns Collection Manager Collection Oepartment 96110400000220 " 1)1". j ~ I J:I ! . "'I j l:") ,,! J ~ ~1 ~' ?!io i J , ," .... ,'. ., '- ,1 , , ' I.:'.} -" ,." :..J .:-1 .,n ., .'.1 -...: 01