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Home My WebLink About01-03764 I ' '" , ,. GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Lisa A. D'Angeli, Esquire Attorney I.D, # 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, P A 19106 215-627-1322 National City Mortgage Co, P.O. Box 1820 Dayton,OH 45401-1820 vs, David R. Eckert (Mortgagor and Record Owner) 101 Silver Springs Mechanicsburg, P A 17055 ORDER AND NOW, this day of for Summary Judgment, it is ORDERED: ~ -, ~_."'" '!it] ,'# ,'.,., , ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-3764 2001, upon consideration of Plaintiffs Motion That Summary Judgment is hereby granted in favor of Plaintiff for the dollar amount due as of the filing of the Complaint ($45,274.59) plus interest at the rate set forth in the note, fees and costs and other charges in accordance with the terms of the mortgage and note and the demand of the Complaint. BY THE COURT: 1. . ~ - ., ,.,~ "~ ,,~'" ~~nw"",;j I,,, , '1' " , ... GOLDBECK McCAFFERTY & McKEEVER A ProCessional Corporation By: Lisa A. D'Angeli, Esquire Attorney I,D. # 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, P A 19106 215-627-1322 ATTORNEY FOR PLAINTIFF National City Mortgage Co. P.O. Box 1820 Dayton,OH 45401-1820 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. NO. 01-3764 David R. Eckert (Mortgagor and Record Owner) 101 Silver Springs Mechanicsburg, P A 17055 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No.1 035.1 et seq. for the following reasons: 1. There is no genuine issue of fact or law upon which the Defendant would be entitled to relief. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, GOLDBECK, McCAFFERTY & McKEEVER I, ESQUIRE ~ -" - ~." ~-, ,- -d-,,,,,-;J, """'"'"-<il1_ J ,< , '1' " , ,'. .... GOLDBECK MCCAFFERTY & MCKEEVER A Professional Corporation By: Lisa A. D'Angeli, Esquire Attorney LD. # 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. DAVID R. ECKERT AND YVONNE S.: ECKERT (Mortgagors and Record Owners) 101 Silver Springs Mechanicsburg, P A 17055 No. 01-3764 (Civil Term) AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Anita M. Holbrook being dilly sworn according to law, deposes and says: 1. I am the Mortgage Officer for and representative of Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. 2. I have personal knowledge of the matters referred to in Plaintiff's Motion and as set forth below, I make this affidavit in support of Plaintiff's Motion for Summary Judgment, that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. - - ,-, "" _r.<" ,,- ~--'~~ ~~d: '. < , .~ " t .' , -' 3. The Defendants, DAVID R. ECKERT AND YVONNE S. ECKERT, made, executed and delivered a Mortgage upon the premises, 101 Silver Springs, Mechanicsburg, PA 17055, on May 5, 1986 to LANDMARK SAVINGS ASSN. 4. The Mortgage is held by Plaintiff. (See, paragraph 3 of the Complaint). 5. The Mortgage is in default because monthly payments of principal and interest due February 1 2001 and each month thereafter are due and unpaid. At no time from February 1 2001 to the present has/have the Defendants tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose has been sent to Defendants by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of the Notice attached to the Complaint. 7. A Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 has been sent to the Defendants by regular mail in accordance with Act 91 of 1983 of the Commonwealth of Pennsylvania on the date set forth in the true and correct copy of the Notice attached to the Complaint. The Defendants has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 8. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance Interest from 1/1/01 through 6/30/01 at 9.750% Per diem interest rate at $10.63 Attorney's Fee at 5% of Principal Balance Late Charges 2/1/01- 6/30/01 Monthly late charge amount at $26.20 Costs of suit and Title Search $ 39,785.15 1,913.40 1,989.26 131. 00 560.00 $ 44,378.81 1- ~"~. ., -.~ .1k-mu~~lti 'd > ,~ " , . , Escrow Balance Deficit Monthly Escrow amount $ 895.78 $ 45,274.59 I hereby verifY that any exhibits attached hereto are true and correct copies of the originals and I declare all of the foregoing to be true and correct. SWORN TO AND SUBSCRIBED: ~'iLt."":JL Anita M. Holbrook Mortgage Officer before me this 30th day: IN THOMAS SN'IDEIl. NOTARVPUBUC · 1[II4N~F11RTHESTATEOFOHIO MY COMMISSION EXPIRESAUG.".2003 '.~' '" ,." ,,;~'" "~" .-",", ',,",,'. . ." ^' "I' I. . ". r , GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney 1.0.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: LISA A. D'ANGELI, ESQUIRE Attorney 1.0. #78020 Attorney for Plaintiff NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. No. 01-3764 Civil Term DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Real Owners) 101 Silver Springs Mechanicsburg, PA 17055 Exhibit List A Complaint in Mortgage Foreclosure B Answer to Complaint with New Matter C Plaintiff's Reply to New Matter o Mortgage E Note '. ' ,~ _ ,__ ,~_.._, .__k .' , ' , EXH1B\T A , ~ ._1 , . "-. ""<"-"_-..<, -', "~L " , ~ ATTOR'NEY COpy l" ,. ~OLDBECK McCAFFERTY BY: Joseph A. Goldbeck, Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff & McKEEVER Jr. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton, OH 45401-1820 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE DAVID R. ECKERT AND YVONNE S. ECKERT (Mortgagor(s) and Real Owner(s)) Term I? . "-T- No. O/-J7l..'-If-j; ~IC/~ 5-_ c . -0(1" -:: rnl'. CIYIL ACTION: MORTGAGa FORECLOSURE 2 cO, :0,-::: _.- ~~ _.~ -- (:::;.. 101 Silver springs Mechanicsburg, PA 17055 Defendant(s) ) "r; r..- i ) -i1 "--_I :-) \D 5:J .-< THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 witnin twenty (20) days after the Complaint and notice are served, by entering a written appearance personally o~ by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Coun~y Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services !nc. 8 Irvine Row, c~rlisle, PA 17013 (717) 243-9400 A V ISO LE RAN DEMANDAPO A U5TED EN LA CORTE. 51 DESEA DEFENDERSE CONTRA LAS QUEJAS PERE5ENTADA5, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y lWISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUlER OBSECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: 51 US'fED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TOOAS LAS PROVISIONES DE ESTA PEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEOA PERDER DINERO, PROPIEDAD U OTR05 DERECH05 IMPORT~ES. LLEVE ESTA DEMAJIDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A iJN ABOOADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOOJJ)QS) , 215-238-6300. CUmberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services rnc. 8 Irvine Row, carlisle, PA 17013 (717) 243-9400 . c, . - , . i w ~., . " ' "I IU I Unlll: I 'COpy '. . <::" .1, COMPLAINT IN MORTGAGE I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COpy FORECLOSUREOF THE ORIGINAL FILED 1. Plaintiff is NATIONAL CITY MORTGAGE CO" P.O. Box 1820, Dayton, OH 45401-1820. 2. The name(s) and address(es) of the Defendant(s) is/are DAVID R. ECKERT, 101 Silver Springs, Mechanicsburg, PA 17055 and YVONNE S. ECKERT, 101 Silver Springs, Mechanicsburg, PA 17055, who is / are the mortgagor (s) and real owner (s) of the mortgaged property hereinafter described. 3. On May 5, 1986, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to LANDMARK SAVINGS ASSN, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 812, Page 555. By ASsignment of Mortgage recorded July 26, 1996, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 526, Page 226. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2001, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 1/ 1/01 through 6/30/01 at 9.750% Per diem interest rate at $10.63 Attorney's Fee at 5% of Principal Balance Late Charges 2/ 1/01- 6/30/01 Monthly late charge amount at $26.20 Costs of suit and Title Search Escrow Balance Deficit Monthly Escrow amount $ $ 39,785.15 1,913.40 1,989.26 131.00 560.00 $ 44,378.81 895.78 $ 45,274.59 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third Party purchaser at Sheriff's L. _ . ";^" . OJ,,~ ~"'. '~), " .~ )~i._ ,', , . , .' Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed, 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $45,274.59, together with interest at the rate of $10.63, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GOLDBE ERTY & McKEEVER BY: J ph A. Goldbeck, Jr., Esq. Attor ey for Plaintiff ".,1" -,,, , ~- =-:t! , N;JIi....Cily@ ." . MOrtgage .' , National City Mortgage Co, 3232 Newmark Drive' Miamisburg, Ohio 45342 Telephone (937) 910-1200 April 03, 2001 EXHIBIT A Mailing Address: P.O, Box 1820 Dayton, Ohio 45401-1820 David R Eckert Po Box 1342 Mechanicsburg PA 17055 Loan No. 854109-3 Current Servicer: National City Mortgage HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 101 Silver Springs Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 02/01/2001 - 04/01/2001 and the following amount(s) are now past due: Monthly Payments Late Charges Non-Sufficient Funds Other Fee"s Less Suspense Balance Total Due 1,572.33 33.40 .00 .00 _00- 1,605.73 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) : HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CORE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,605.73, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: National City Mortgage Attn: Collection Cashier 3232 Newmark Dr. Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable) DR670 FTW PAGE 1 ~_. """," ,,~ ',~ ; ,~., ,OJ J -~1iIf' [gld- . >< .~ VERIFICATION I, Anita Holbrook , as the representative of the Plaintiff corporation within named do hereby verify that I a" authorized to and do make this verification On behalf .of the Plaintiff corporation and the facts set forth in the foregoin" Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa, C.S. 4$04 relating to unsworn falsification to authorities. Date: k It. j /;U , ~l./L//L Anita Holbrook Mortgage Officer ~ DDI,I. r'D,lDlI.Y '" TowI111hip, , ~ - J; ; lJ~.LO 1:.. tvVUUW\ ana UfU.u is. J::5AtUUU\, IUS wu:e, Pennsylvania .--1 , _,. . ""''''~,. __,1';,.,"_ _,' ox l:luver l:lpr1Jlq , ;~--' " . Grantor s, and tlI\VID R. En<ERT and YVOONE S, En<ERT, 'his wife, of East Pennsboro TcMnship, PelU1sylvania Grantees : WITNESSETH, that in co,",ideraticm of FIFTY POOR THOUSAND IXlLLAAS AND NO/100------- ---------------------------------------------- ($54,000,00) ----------------DollarB, in hand paid, the receipt whereof is herebll acknowledged, the Baid gran~ s do herebll grant and contlell to the Baid grantee s , their heirs and assigns as tenants by the entireties. ALL THAT CERTAIN lot of ground I<n<:Mn as Lot No. 5 in a certain ",Ian of lots called Greenoll. laid out by Benjamin F. Hunt. Jr. and Reba H. Hunt. his wife, which plan is recorded in the Recorder's Office in and f<;lr CWlberland County in Plan Book 5, Page 58, situate in the Township of Silver Spring, County of CWlberland, and State of Pennsylvania. more particularly bounded and described as fOllCMS. to wit: BillINNING at a point on the street line of the west side of the Silver Spring Road at the intersection of the street line of the north side of Park Road, as shotm in the aforesaid, plan of lotsl thence fifteen (15) feet along the tangent line of a curve having a radius of fifteen (15) feet and a length of curve of twenty-three and fifty-five one-hundredths (23.55) feet, to a point; thence along tl1e street line of Park Road, North 81 degrees 00 minutes West, one hundred eighty-five (185) feet to a point; thence along the line of Lot No. 13 in the aforesaid plan of lots, North 09 degrees 00 minutes East, one hundred ~ (100) feet to a point; thence along the line of Lot No, 4 in the aforesaid ~plan of lots. South 81 degrees 00 minutes East, two hundred (200) feet to a point on the street line of the west side of the Silver Spring Road; thence along the said street line. South 09 degrees 00 minutes West, eighty-five (85) feet to a point; thence fifteen (15) feet along the, tangent of a curve having a radius of fifteen (15) feet and a length of curve of twenty- three and fifty-five one-hundredths (23.55) feet to the place of !lEX;INNING. THE ABOVE DESCRIPl'ION is in accordance with survey dated Septsnber, 1960, drawn by Luther N. l\mos, Jr., Registered Professional Engineer. BEING the same premises which Ralph A, Wakefield and Deborah A. Wakefield, his wife, by Deed dated Septanber 26, 1983, and 'recorded in the Office of the Recorder of Deeds in and for Cunberland County in Deed Book ::r , VOlume?'o , Page 93 ( , granted and conveyed unto Dennis F. Barrick and Gail B. Barrick, his wife, Grantors herein. UNDER AND SllBJIOC:T to cond! tions and restrictions as set forth in the deed last recited above. 'I ( ~,.",~.". {.., J II.""., t . hho.1 Dhl. Cumb, Co., ,.. ...-:1"7t RIllI ElL'" 1un.rou T.\ \ I:-' J7".~ 041. ....~..~..!k.. Ami. ....... ~d~......* S : IVI>' ~r.'~/ (''''"IMp fIf .................... Cumb, Co" ,.. ":'IITIl:.. C(I, Dilt. C.l. Acat. ~ ...u. It..l E,I.t, 'tan,f,r T.. .......... 5. ~_ (~ :>7- (t l1.... ....;,'...... AM.. ........ ~~.;,~ H.ve-- C-(~, Cwo, c:.. D.... CoL ~ .r!s i'OOkl..ua1 rACE 24'1' ~~~~1&lIlW' - ~""""""'ljOilllUi;" ,'" ...........,'''"llii-;ili1ii<L>l~:m;Wiili~~;'.;ill1i,y''"'~':' .JiJX .UUILJJ -......., " n, IU!IIn1ILmLl!LU~Lln.~~"l,1,),ij"JJ"tU", ." .., ' ~~. ~.. > .".~-~ .. .~.~" ~_"'"'_"'_'''~~~'"''^__''_' . ",." ", '__A_~_ " . .. " i.' i ~ I"~ !i " ., !1 , ~ ~,~ ,!II ~ . ~ i." ~--- . Ji JUN.!!. 2001'''S:!0M.1 NATIONAL CITY " .NO, 6756 p, 6 CICS Screen Print LOAN NO 8541093 Prepared by: SZGMS DATE LETTER veR REQ DESCRIPTION DATE 06/0B/01 05/16/01 DR671 016 FTS PA BREACH COBORR MAILING April 03, 2001 Yvonne S Eckert Po Box 1342 Mechanicsburg PA 17055 Loan No. 854109-3 Current Servicer: National City Mortgage HOW TO CORE YOUR MORTGAGE DEFAULT (Bring it up to date) . HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . PF: 1 SC F Page 1 of 1 CPI Dil'ElOlOr v:2.2.0.40 06/08/20014:16:42 PM r....v/nv "'-T.... "'o~~, rAIn,,&: ," -,'-''-'" '",w 'x - _,' '0+,' JUN. 11.2001"-,8: I DAM NATIONAL CITY , > . )!O. 6756 P. 7 CICS Screen Print LOAN NO 8541093 DATE 05/16/01 LETtER VER REQ DI<671 016 FTS Prepared by: SZGMS DESCRIPTION DATE 06/08/01 PA BREACH COBORR MAILING NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on NATURE OF THE DEFAULT your property located at: 101 Silver springs Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because, YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following rnonth(s) 02/01/2001 - 04/01/2001 and the following amount(s) are now past due: Monthly Payments Late Cha:cges Non-Sufficient Funds other Fees Less Suspense Balance Total Due 1,572.33 33.40 .00 .00 .00- 1,605.73 PF: 1 SC F 2 SC B CPI Di~daf v2.2.0AO 06/08/20014:16:44 PM Page 1 of 1 ('00 l'i 'i I<}('oi\'i llAII.T i'll? ~l? rTV JDY lI.T..... ~a" Ii" Gh O(l"l' ~~ ,. .,-, , -j;., JUN. 11. 200h.8:10ij! NATIONAL CITY .' , NO. 6756 P. 8 CICS Screen Print LOAN NO 8541093 Prepared by: SZGMS DATE LETTER VER REQ DESCRIPTION OATE 06/08/01 05/16/01 DR671 016 FTB PA BREACH COBORR MAILING YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use it not applicable) : HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL BY PAYING THE TOTAL $ 1,605.73, PLUS ANY MORTGAGE AMOUNT PAST DUE TO THE AMOUNT PAST DUE TO THE PAYMENTS AND LATE CflARGES LENDER, WHICH IS LENDER, WHICH BECOME DUE Payments must be DURING THE THIRTY (30) DAY PERIOD. made either by cash, cashier's check, certified check or money order made payable and sent to: National City Mortgage Attn: Collection Cashier 3232 Newmark Dr. PF: 1 SC F 2 SC B Page 1 of 1 CPt Oirlil!;1Qr v2,2,0.4Q 06/08/20014:16:46 PM f'LR/ll/?()nl UOM fl.a.I::.R rTY JOY Mn I:;.R7 A 1 lIh ()().Q ~~ ~-..- ~ji;_' JUN. I!. 2001 \ .8: 10kl.! NATIONAL CITY WOo 6756 p, 9 CICS Screen Print LOAN NO 8541093 Prepared by: SZGMS DATE LETTER VER REQ DESCRIPTION DATE 06/08/01 05/16/01 DR671 016 FT8 PA BREACH COBORR MAILING Miamisburg, OH 45342 You can cure any other default by takin9 the following action within THIRTY (30} DAYS of the date of this letter: (Do not use if not applicable). DR671 FTW Page 1 PF: 2 SC t; Page 1 of 1 CPt Oll'llclaT v2,~,O..40 06/08/2001 4:16:48 PM I nR/11/?^01 MOM nR'~R r'l'X/RX Nfl 5674 J IdJ009 , . '-, ,,-- t' . .~;,' ~- ~- ~ .__, "''''''liit'' , ,. , '. .' ... ~ .. ' ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROiM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to Foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. ,To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUN- SELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are included with this Notice, If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869), This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA 5U DERECHO A CONTINUAR VIVIEN DO EN SU CASA, 51 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FI- NANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM"EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. "" . ~ " "'" " .,.~.;;., '''',.~ ,,' ",,' I , '';\ ~ , . .. " # .' IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a tempo- rary stay of foreclosure on your mortgage for thirty (30) days from the date of this No- tice. During that time you must arrange and attend a ''face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEET- ING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORT- GAGE DEFAULT', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the con- sumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set fOlih;later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the deSignated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAil TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. 3 , ~" >~ " !-.,"--; ,.' .,-, ',"-- ,,-,'" ,---,~<-. . 1 \ , . '. .' " The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) IF YOU DO NOT CURE THE DEFAULT/see paI;Je 1)-lfyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortqage property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even iftheyexceed $50.00. Any attomey'sfees will be added to the amount you owe the lender, which may also include other reasonable costs. If YOU cure the default within the THIRTY (30) DAY period. yOU will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun" yOU still have the riaht to cure the default and prevent the sale at any time UP to one hour before the Sheriffs Sale. You mav do so by payina the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writina by the lender and by perforrninQ any other requirements under the mortaaae. Cur- ing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted, EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale ofthe mortgaged property could beheld would be approxi- mately FOUR(4) months from the date of this Notice, A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. ,. ~' "', ,"' ,._, ~ ". ~' ~ 'f ~ , , ,. .' . -!:JOW TO CONTACT THE LENDER: Name of Lender: National City Mortgage Address: 3232 Newmark Dr. Miamisburg OH 45342 Phone Number: 1-800-523-8654. Fax Number: (937) 9104057 Contact Person: COLLECTIONS DEPT. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to Dve in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor may not be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements ofthe mortgage are satisfied. For additional informa- tion please contact the Collection Dept. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BE- HALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE- FAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHTTO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERTTHE NONEXISTENCE OF DEFAULT IN ANY FORECLOSURE PRO- CEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCU- MENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. _-,.",-_<.. ".d. "~. ___",.,_."~_,-L '". '_, _h _ ,.1, '- ~ . ~ . ." , EXHIBIT B . -. ,~ 0..",,"- -0,. , " ~'" e'," ",_ ""'" ,_' '"~ 1. .' , -' NATIONAL CITY MORTGAGE CO., P. 0, BOX 1820 DAYTON, OIDO 45401-1820, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-3764 CIVIL TERM DAVID R. ECKERT and YVONNE S, ECKERT, (Mortgagors and Real Owners) 101 Silver Springs Mechanicsburg, PA 17055 Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 0 C~) () C '-fl ;;-'> :C;-~" " ~ ; " , '.',) ,l C:::. '-~) r....' " ~- /.~- ~'- -. p, c o. , , :;,~ .....-, - .J -'j .SJ -, (..:, -< NOTICE TO PLEAD TO: National City Mortgage Company and its attorneys, Joseph A. Goldbeck, Jr., Esquire Goldbeck, McCafferty & McKeever Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 17106 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER TO COMPLAINT WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. By: Marc cKn g t, III, Esquire 60 W st Pomfret eet Carlis e, Pennsylv ia 17013-3222 (717) 249-2353 Supreme Court ID. No. 25476 Attorney for Defendant, Yvonne S. Eckert Date: August 30, 2001 , ,-" 'u" ':}'k".<.,i._.. _ , .--.'t. . " ( ,} . ' NATIONAL CITY MORTGAGE CO., P. 0, BOX 1820 DAYTON, OHIO 45401-1820, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 01-3764 CIVIL TERM DAVID R. ECKERT and YVONNE S. ECKERT, (Mortgagors and Real Owners) 101 Silver Springs Mechanicsburg, PA 17055 Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ANSWER WITH NEW MATTER AND NOW, this 30th day of Augul1t, 2001, comes the Defendant, Yvonne S. Eckert, by her attorneys, Irwin, McKnight & Hughes, and makes the following Answer to the Complaint in Mortgage Foreclosure: 1. The averments of fact contained in paragraph one (I) of the Complaint are admitted. 2. The averments of fact contained in paragraph two (2) of the Complaint as they relate to the answering Defendant, Yvonne S. Eckert, are admitted. 3. The answering Defendant, Yvonne S. Eckert, is without sufficient knowledge to form a belief as to the truth of this allegation. It is therefore specifically denied. 2 " "'" ~<~. .. M. ,. ~,< " ,', ~ 'i~ , , , . .,> 4. The averments offact contained in paragraph four (4) of the Complaint are admitted. 5. The allegations contained in this paragraph are conclusions oflaw to which no response is required. To the extent that a response is deemed necessary, the allegations are specifically denied. 6. The allegations contained in this paragraph are conclusions oflaw to which no response is required. To the extent that a response is deemed necessary, the allegations are specifically denied. 7. The allegations contained in this paragraph are conclusions oflaw to which no response is required. To the extent that a response is deemed necessary, the allegations are specifically denied. 8. The allegations contained in this paragraph are conclusions oflaw to which no response is required. To the extent that a response is deemed necessary, the allegations are specifically denied. 3 , ~- , , , '0'. _~V " - \-",-,~.-,'-< . -, ',-, ,- - ',' - -l~_ . , , .' . , WHEREFORE, the Defendant, Yvonne S. Eckert, hereby requests that judgment be entered in her favor and all claims of the Complaint be dismissed with costs and reasonable legal fees paid to the Defendant, Yvonne S. Eckert. NEW MATTER AND NOW, this 30th day of August, 2001, comes the Defendant, Yvonne S. Eckert, by her attorneys, Irwin, McKnight & Hughes, and makes the following New Matter to the Complaint filed by the Plaintiff. 9. The averments of fact contained in the Answers to Complaint contained in paragraphs one (1) through eight (8) are hereby incorporated by reference and are made a part ofthis New Matter. 10. The Complaint fails to state a claim upon which relief can be granted. 11. The Plaintiff's claims are barred by the applicable Statute of Limitations. 4 , , . ,'- -~ ,. , ., ~<" ". -., 'j"",,-~.t.;;;',~o, ,-,-,",' -., "'jl'0 (". . J WHEREFORE, the Defendant, Yvonne S. Eckert, hereby request that judgment be entered in her favor and all claims of the Complaint be dismissed with costs and reasonable legal fees paid to the defendant. Date: August 30,2001 Respectfully submitted, By: us A. eight, III, Esquire 60 est Pomfret Street Carl sle, Pennsyl ania 17013 (717) 249-2353 Supreme Court J.D. No. 25476 Attorney for defendant, Yvonne S. Eckert 5 " . .- ~ " ~c L,.~, < OJ,, -i,E'-:'j:' , , , ," . ' VERIFICA nON The foregoing document is based upon information which has been gathered by counsel for the plaintiff in the preparation of this document. To the extent that the document is based upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The undersigaed is verifYing on behalf of the plaintiff according to 42 Pa.C.S.A. S 1024(c)(2). The undersigaed understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. . t, III, Esquire \ Date: August 30,2001 ~" . J .J '" " ~- f'~,;::i; . ; , . "" ,~ NATIONAL CITY MORTGAGE CO., P. 0, BOX 1820 DAYTON, OIDO 45401-1820, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 01-3764 CIVll.. TERM DAVID R. ECKERT and YVONNE S. ECKERT, (Mortgagors and Real Owners) 101 Silver Springs Mechanicsburg, PA 17055 Defendants CIVll.. ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Answer with New Matter was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Joseph A. Goldbeck, Jr., Esq. GOLDBECK, McCAFFERTY & McKEEVER Suite 500- The Bourse Building 111 S. Independence Mall East Philadelphia, P A 19106 By: ight, III, Esquire 60 e Street C lisle, PA 170 3 (717) 249-2353 Supreme Court J.D. No. 25476 Date: August 30,2001 6 ), ~ . 1l.., ,f EXHIBIT C . .. . .3 ~ , ;... .t1 I ~... .., GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation ATTORNEY FOR PLAINTIFF By: Lisa A. D' Angeli, Esquire Attorney J.D. #: 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 National City Mortgage Co. P.O. Box 1820 Dayton, OR 45401-1820 Vs, David R. Eckert and Yvonne S. Eckert (Mortgagors and Real Owners) 101 Silver Springs, P A 17055 Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-3764 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent by first class mail, postage pre-paid, upon the following on the date listed below: Marcus A. McKnight, III, Esquire West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, P A 17013-3222 Date: q\,2-\ 0\ GOLDBECK, McCAFFERTY & McKEEVER Lisa A. D' Angeli re Attorney for Plain ff "" -"~ ~ JL -, "-' ',.,'" "-1;!, to. -. 1 -. J " , t GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation ATTORNEY FOR PLAINTIFF By: Lisa A. D' Angeli, Esquire Attorney J.D. #: 78020 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 National City Mortgage Co. P.O. Box 1820 Dayton,OH 45401-1820 COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. NO. 01-3764 David R. Eckert and Yvonne S. Eckert (Mortgagors and Real Owners) 101 Silver Springs, PA 17055 Mechanicsburg, P A 17055 PLAINTIFF'S REPLY TO DEFENDANT YVONNE S. ECKERT'S NEW MATTER Plaintiff, by and through its undersigned counsel, hereby responds to Defendant's New Matter as follows: 9. Plaintiff incorporates by reference the averments of paragraphs 1 through 8 of its Complaint as if fully set forth herein. 10-11. Denied. The averments of paragraphs 10 and 11 are conclusions of law to which no response is necessary. ~ , . . . ~.- ,. WHEREFORE, Plaintiff respectfully request that this Honorable Court enter judgment in its favor and against Defendant Yvonne S. Eckert as prayed for Plaintiff's Complaint. Respectfully submitted, CUQ Lisa A. D~uire Attorney for Plaintiff L,....~' ...,,-. .'t' -;"'" ~ , O_j' . , . j . ........ .. 1 . VERIFICATION LISA A, D' ANGELI, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff s Reply to Defendant's New Matter is true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. ~Ch~ Lisa A. D' Angeli, Esquire Attorney for Plaintiff :r. , .. ExHIBIT D ,r" r . , - } p , f I I, I~ ~~ " , t i l, " . j 0 L~ ~~ " .ill.:. ~. , ,.".," ;"..., Tii.~ D 1:" ; ^ I:;' 5 I, Z~ '::!'.<;!,JiIt.i.\l!i'." ". "-,~ . MORTGAGE THIS MORTGAGE '''Seeurit)' Instrument'") iR given on ~..l.--_._----~---._-- ~_~._~__~. 19.-B..tL.ThemortlJuKoris DavId R Fckprt ,::Inrl \'lIlmllO'S_J::.c.k.e..r.L.-b..i.s wi fp. __,__ . ._.,'oBorrowt>1'''). This sPcurity Instrument is given to LANDMARK SA VINl;S ASSOCIATION. ""hich is llrgllOjZM and existing under th<" Jaws (Jf the Commonwealth of Pt'nnsylvania. and who8l' addrt'88 is 335 Fifth, AVl'Due, Pittaburgh. Pennsylvania 1:,222 ,"Lendt'r"). Borrower owes Lender tht' prinriplll sum of __ Fort Y-p I ght ..Ih1lU.s...an.d..-.Six.lluu..dr-ed.....au.d.-nn/100-::----- ~--=_:-------------_-=:::..-_ Dollars (U.S. $ _n__._4.R , flon {Hl). This debt is t',,;denced by Borrower's note datPrl thl:" same datt" 1111 thilli St-c'trity Instrument I"Nule",. which providt'H (IIr mrmthh' payml!nts. with thl' full debt, if not paid earlier, due and payabfe on _.J..M..ru:_.1......._2J2L6..____________, __.. ,,,_______ _~._ ___ ______~ , This St'('urity Instrumt'nt St't'1Itf'ti to Lender: (aJ thf' repayment of the debt (>videnced hy th(> Nuw, with interest. and all rt'newals, extensions an.i modifieatiuns: (hi the paymf'nt (If nil other sums. with intf'retlt. adv~nced under paragraph 7 t.> prot(>ct tht' st>Curil,.. of this Serurity Instrument; and lei thE' performanrt' Ilf Burruwe1"s CO\'t>,nllnts and ngreem(lnts und"r this Security IIUltrumfrnt and tht' Nott'. For this p~rp1l8l', RUM'nw~ dot's hereby mortRuge, grant nnd convey to l.A>ndE':r thE' followinlJ d(>lK'ribM property located in -Si.l,v"c__,- lipI.l.llgS.__I.w..p.~....-.".cllm hp r 1 and County. Pennsylvania: ALL THAT CLRTAIN lot of ground known '-IS Lot No. r) in a l'prt:lin pl.:ll1 ,q" J(lts ..:alled Gref~noll. laio oul by Bt'nj<H1Iin F, Hunt. .Jr. ~~l1d R€'ha f!. Hunt, his wife, which plaa is rl'C'ord"d in lhC' Rec~'rdC'r's Office in and for Cumb('rland C,'ullly III PI,ill Book 5 Page 58, silu~lle in 'rhe Township.of Si IVt'r Spring. CnuntY"'"'or' .~- Cumbt'rl.:Jlld .lllcJ Stab,' (1f Pt>nns\"1v':l11i,l, mor(' particularly bounded and de~l'tib.~d 3S iollows, (0 wit: . BI~GINNINC :It a point on th(-' :Hrpp.t lirlf' of th~' \>'.!st sidf' of the Silvpr Sprin;; RO.:ld at the intersection of tht.' strept lint:' of the n.JEth sid., .;Jf P.:Irk Road, :J." shown in thl? ;JfoTI:,s;dd pInn of lots; tlwlle.' 1 i1t een (l"j) f(>('t alo!lg the tangent I irw of II curve having :l r~1dj'h llf ii(t(,t~n (IS) fpet and.~ 101lAth of cl.rVt~ of lwentv- thr(>r arId fifty-five one-hundredths (23.55) feet to a point;' tIH>n-:." ~dllng lnt' street lin~.. of P,lrk Road. North 81 degrees (jO ';lilll.ltt''; t.l.>~;t, nne hundfl'd eighty-fivE' (l8,)) fept to .:J point; l!J.'nct' ,L1tlng the lint.> of l.t1t No. 13 in the' aforesaid plan of lets, N,.rth oq degrees UIl minutt..'s E~lst lone hundn'd (IOO) ft..et to ;1 pninl; tht.>IH.:e aiong the line ot Lot No, 4 in the aforesaid plan {l, I"ts, $l"H1th 8f drigreps U(J minutes l:.ast. two hundred (200) feet t,'. 0 PI,jot ,'tl thp strN't 1 irH' (If lhp Wp.st sirl,> "I thE' 5i Iver Spring R(l.~d; tht~l1Ct~ alon~ th{;, said street lint', South 09 degrees uO minllt~~s \-.iest, eighty-fivp (8S) feet to a point; thence fifteen (15) t'C'~t .llong the tangenl of a curve h~lving a radius of fifteen (15) (l'~t and a length of curve of twpnty-three and fifty-five Olw-Illllldredths (23.~5) feet to the place of BEGINNiNG. ABOVE DE-SCRIPTION is in accordance with survey d3tt.>d September 11.J60. dr(i\vll by Lllther N. Amos, Jr., Rt>gistenl-d Prtlfessional Engirwt'r, BEING tilt> S~lml~ property tvhich Dennis F. Barrick and Gail B. Barrick, his wife. granted and conveyed to Borrower herein by deed of pvell date herewith UNDER AND SUBJECT to conditions and restrictions of record. ~ '8 whU'hhlll,tnt'ilddl'e8liO[ .1JH_ .!i.ilygr $prin&_s Kd.. I ~1""'" i ~lechanics~burJ1..__ ~_, {C'l.! Pcnmwl\'unii\ _. J.7Q.55__u___ "_ I"Prl)pl'rl\' Adllrl'!''' 'j: , ~- lZ,pCOdel T'll;fllHlt WIIH;iIJ lht' HlI{'n'\CrnClH~ 1'.'-' t1l'fl."aft~f cfet:tcd till the flrnflt'r1~. and all easenlcnl!o, nghts, arruflcnarKc". fCll". r,'yalllc~. mm...ral. ,Ill and ga_ \Igh~' ami profit'>, .....alt'f nghh and ~lu<:k and all fi~turt$ now or hcreal"tt"r a I'M' "f lh<' rrnrl'rI~ All r...placement.. and addlllon....hall also hee,)\"cred by thl" Seeunly lnstrumcn! All flfthe f'm~@:'lmp I.. rcl(,orr~'(j !llllllhl" Set:uruy In..trume:1l1 as ;hl~"PmpCrl)," BORRO'l\ t H ("ovf:....'...'T~ tbat Borrower IS lawfully sel<>ed of the c~late: h~rehy ..:on\'c}'cd and has Ihe righl 10 nwrlp:uge. grant and ~'on\'ey Ihe Property and that Ihe Property IS unenc\lrn~r~'d. ClI.ccpl for encumbrances of record. Btltmwer warrant.. and Will defend ge:ne:rally the: litle 10 the Prop('ny agam~l all claims and demands. ~lJbJect In any e:n.:umbran.:e.. ,If record. TillS SI t \ HIIY 1"';;lRI 'Io1f.:'\l combines unifonn ,;o\'enantli for nalional U\e and nlln-unifonn l.'llVenatm wilh limned \anatll'n'o by JunsdKtlOn toc,mstitule a unifimn secunt}' insfrumenl cOlieringreal pmpcrty PENNSYLVANIA-S,nHle Fam'1y-FNMAlFHLMC UNIFORM INSTRUMENT F_".~3OCl5A",."" MOK /,12 I'IC( fl55 Form 3039 12/13 ~, NON-UNIFORM CO\'ENANT''i o.)rro",,'er and Lender furrher ~Iw~nanf ami agnoe a.. follllw" 19. Aue1erat.iorr. Remedies. Lender shall Rive notice to Borrower prior to lIeeelerllllcln fol1owina Borrow"r's breach ofaD)' ceyenaat otqreement in tbis Security Inslrument (bul not prior to acccleration under paragraphs 13 and 11 11010:.>55 .ppflcable law provides otherwise). Lender shall noUry Borrower of. among other thinas: lal the defaull; 1_.1 Ihe actlvn required '0 ('ure the derault; Cd when the defaul. mUSI """ cured; and ldl that f.i1un' III cure thl.' default as specified may "wit in acceleration of the sums St'!cu;td by Ihis Security 'nstrument, roredmiure br judicial proceedinJl: and sale flf the Properl)'.l.ender sh.11 funller inform Borro"l.!t oCthe riRh. 10 reinstale aFter llccclerution and the riRIII 10 assert in lilt' foreclosure proceediDR the non-edstfG(f of. derault or ao)' other defeo5(' of U"trower tll a~'cCietlltilln Itnd fllredolate, If the def.ule illlOt aired as specified. Lender at ii' option may requir!:' lmmedhlte pB,"'ment ill fuU of all sums ,('('ured by IlIis SecurilY '''liniment .-ilhoot 'urew demand and may fQrct'IOSt' Ibis SCClJrlf) Inslrumenl b~' jUdicial prllcl'lor:lin~, I.eRell'r sIIall be enlilled 10 coIlecl all e..penses incurred in pun-a inK the remc:dj('!j pro'idc:d in rhi!l pllrllf,:!"aph 19, intludinlot. but not limited 10, a<<ome)'s' fees and costs oftille evidelK't' In Ihe utent permilterl b~' applicabh:-lllw, 10, Lemh~r ill Possession. Upon ac(ckrall<m under par;lgrarh \'1 "r ahillllll'I<ilIenl "Iihe I'r'll'l'n~. l.enller 111I per~.ln, by attcn1 (lr b) Judll'lally appOinted r"l'.'I'a} ~h;lll he ,'nllll",1 ". ':"leT UPHIl, :;llu' r''''''''''hlll "," omu nHlIlil/:'l' Ilw Pr'lperl)' and III <.:t}IIe-':1 the rcnh ,,(the rropcn~ mdUUUlf:( Ih"~l' ra'l ,lilt" ..\II~ renl' ,',,11," It'd h\ 1_"lIdef "f lh~' r...n'I\~'1 ~h,,1I he applied nr~tl<) pay'rm'm nf rhe l'I"h l'f nJalla!!l"m~'11! "I lh.. 1)!<Tnl~ ;lnJ" Iln:II<>II .,1 r.~nr" IndlUJmg, I1l11 'llll 1r1l11lcU jl), r...,'\.'I\'..r', f<,\''''. "1l_'mlllA!... on I,'n"",r', hllnJ~ ;llId (('OI"'/I"hl.. ,"l..rnn,' I,"" "lid 11'1"11 I" lh,' 'um, 'c,-",,'d 1'>', !'II"S~l'Unl\ilnslrumclIl 21. Release, Upon payment ufaU ~UM~ ~C<.:ur.-d by :tu.. S"c'llnl~ In_lrllllwnl I ClHlc, _hill! ,h,,-ha1f.'llu_ S.'clll'l~ lil~lrunrent wilh'lUl charget.l Borrower DllrrllW~r ..hall pay allY r<'(l,rd;.lh>1t ,',,'.1\ 2l. ReidStRlement Period. Bl)rrower~ lime '" rClfl~lalc J1ro"'llkd III [1;IIOlgfOlr!1 11' ,it..:1 ,"It'mJ 1<> ,111<' h."11 prlnr (" Ihe Cllmmc:nccm~nlllfblddmg at asher:ifl'ssa!Ctlr olher S<lk pur;U;UIl t., Ill" ""c'U"'~ In'trUIIl(1l1 ~. Pul'thase Money :\tOrlfli:age.lrall) ofthe-Jehl 'oC\.'urcu"y Ih" S"<'llrH} ""lru!lwrH I' k"ll<l flflTl'm"'1 1<1 an,ulIC' 1lI\~ l~' thl'l'roperIY,lhi", Secunrylnstrument ...hult he3 purchase TIItlOl'y ml'flg"I!(' 24. Intllmt Rate After Judgment, Borrower a(frel~ lh:lllhc If1tt~H..'1 rilll' pa~i1bk .ltI..r "lluJl!nJl."Il:.I\ ('nt."...1 0" .he.... NIlte- .lr In an aC!lonofmortgagefuredolLrc!;hilll OC the ralc pa\';lIJle-rr"lIl IImc h' lUlIe' umklllK ,",~,c 25, Riders to this Security lastrumenr.1f one or m<lfe rrdt'H ;m: c.\Cl'ule..! hy Unrrc'....'(.f illl.lll",lrueu lll~...th~r With this SI.'Cunt\. Instrument, Ihe ((wenants and agreement", <If ea,,:h cu.:h mler ,hall hL' mc"rpllralL'd mtu ;lIIJ \hall amend ,l1ld supplement' the covenanb and agreements .If IhlS Se~:ur:i{)' ImliUml!'Ol as If lhe lnlcrl" w~'rt.' 11 !larl of thIS Security Inslrumcnl, fCheck ilpphi:able h<.1ll.(es)) '-, Adj~lable Rail' Rider. r- : Cllndommium Rlller 2 -4 hmllly Rider ;=,:~ Gradualed Paymenl Rider Plannl"d Unit I)c\'t:lo}1mcnr Rider :-.=: Other(s} {specif'tl " - ~~ ~ H '" . , ) . '-.-"" " r i ! y' , f i ....... ,. " J BY SIGi'OlNG BEl.oW, Borrower accepts and agrcel"t 10 ,hI;' lerm'" and wl/cnanl.. ,:unlamed '0 this. Secur:ily luslrumettt and tn an}' ridens) executed b} Borrower and recordf'd Wilh II Witnf'IUk'S:,_) ,:~, ~' ~ '"", y{(~ ( (/-7 ., .___n__~nn'_._'_-r--.' -hh:l~~,;:> .-f;:,,-i:".___n_(Soal, David R. Eckert -BorroWM ~l ,I I V"'Il.J1&.:J.1t:L.tL.0::__n.. (S'an y~ S, Eckert -BOfrOwtlf '.. .: ,-e/f _~/~~_ _---.L:.:::_~:!....~__. w ~-"-'''\IO'IWllliilitilllw",i< -:4 '.1 4 l '~ COMMONWEAl.1ft 010" PF.NNSYI.V ANIA, On this. the __ _-----L_ _ _ day of .11a..v. _----;--._______~_______ , 19 ~~ before me. 8 notary public.. the . \!ndenrigned officer. personally appeared _--.D.a V 1 d_R-'-..__~___.aruLYv..Qnne___S_____Ec.k.e r t I h J S WI f e known to.pe (or sl!tiafactorily proven) to be the penron(sl WhORf! name{al il (arelsubsl'ribed to th. within instrument and ack~wledged that he lahel executed Ihe llBme for the pnrpolles herein contained. ~tC -! , .j~..,. 'lrrWI1NEss WHERF.{)F. I ht'rt'unto set my hand and official seaL .~lrf . : -My~miUiofl e~jtel; :.. _,(~al). .;., ....c. ' '. ".' --_~L~~'i;?Pa,~rea~~:'~~~'----- 0" KM.'''1 G ~',~~iR. N~l;lry Public CCl'rtifit'utl' of 111'ubl'r'!I Ahbrl'.. Co:" ,.. '. -"~' ,; lC. I',!. , f.',~ .:"..,.~ :'.'Jr, [."'.', fC~ 20 1'1!\ of the abo?~d//;./"'"_ Firth AVeno,. ~t"'~'''h. . Agenlotl.lln , ~ t, l- f' l" , . , L " r The residence and post office addresa PennsYlvania 15222. ~ I!. ~'i;f I' } '4 g J !:l J I ~ 1< .e ~S~ .. rJ&al1I ~ ~ l:~ II! ii,~ 8~~ :!l Q '" = \ ,/ ~ '. I :. 4. j ! .~ I 1 .. tSl f! ilt "' " i!iz ~ 0 ~ ~;:: .. "~i! ht ~ ~ . '. ,fi s I __J ~ bOoK &12 PAtE 558 'S oS 1.!!, ;; .!! .. .. . . tJ iJ .lIlIG ~- J \--1 (;1 I z ~ '!l .. '. . ..Ii ~ .- . 1 1,1 d, .l!';l ~! ]1 ~.; is -.i > ~ .1 ,~ . (~. , / G~ i J ""-' ":\;1 .. ~I~U .. SDfEilUL.E A ~..... '32761 ,- 0.... N;cy Hay $. 1986 "'P'"I ~~...OO ~ I % i I IIliSUMD blllKlmarlt SoIlTi~s US4!C ialt i_v i Its successors :ami/or assigns as t:beir int:erests BaY appear.' I. T.lOllllI!_..._--S"".....puIicy"'....____in David R. Eckert and Yvonne S. Eckert. his vife. )iJ 2. The_..._......_. ._""_""in_~--Slly_paliiqr. ferSii>qpll! J. T""'_. , _......, .."_._IIy_O<>liq_......._..._:, Mortgage from David R. Eckert and Yvonne S. Eckert. his vi Ie to the insured dated Hay S. 1986 to secure $48.600.00 with interest and recorded Kay S. 1986 in Cumberland County Recorder of Deeds in Mortgage Beak 812 . Page 555. . I , 41, n..__......_........._.._sa-... Fe_sylvania c-..... Cumberland -..-- - set forth in the above uent:ioned aort:gage. -, '. r . i I I I .1 '"- , -'"'- "~!' fTNE-'4 AI.TA Lu.n PoltC'l" 1910 Fo,m 1.M SCHEDULE B Part' :j ;, I ThIS polICY does not In....'. >ga,"'t _ '" d_ by,,,,,,,,,, 01 the lollow"", 1. Easements or claims of easements not shown by the public record. 2. Any variation in location of lines or dimensions or other matters which an accurate survey would disclose. 3. Grant of right of way for Lot No.5 to PP&L Co. dated March 28. 1957 and recorded in Misc. Book 126, Page 145. 1 ij ~i 4. Grant of right of way to Keystone Pipe Line Co. dated July 1, 1935 and.recorded in Mi sc. Book 67, Page 51. 5. Restrictions as contained in Deed Book 20, Volume A, Page 171, and Deed Book 15, Volume D, Page 313. 6. Restrictions as contained in Plan Book 5, Page 58. , :~ 'I f ii , ( " , -'I ! :;\ j '.~ t ,l .~ I 11 " , ...f.... ._. H__ _ l_., EX H , BITE ~ '..... . ..." .t... -~ ~,' NOTE . ""Hay.":;'.,, .... 19.,a6", . ~~.r.U.~J~. fell.1 PA iS~'Ni'''.'.'''''''''' ...1.0.l..S.~.l.y'e'F.....$.p.r.i,=!g~.. .~.~.:..l.._.~~~s.h.~.~ic.~~u..r.~.,. PA IP'OC*ty Ad4rltil) 17055 I. BORROWER'S PROMISE TO PAY In relurn for a loan thai I hav~ m;elWW, I proml~C 10 pay U.S. S.. .l..8...nUO...OD... . (this amount is ailed "principal"). plus Interest, to the orderoflhc Lender. The. Leader III ..l.a.n.d.ma..(.\<'...S.~.yj.!1&.g.. ~~.~.Q.C;:..i.~.!:j.fm..... ........................ ........... ---. - -. -............ I undcrtland that the Lender may tratl5fer this Note. The Lendu or anyone who takes this Note by .rUlfer and who is entitled 10 receive payments under-this Noleis called the "Nate Haidee," 2. INTERFST Inlerest Will be cl:!.arpd un unpud principal until the full amOUnl of principal has ~n paid 1 will pay Interest at a yearly rate of ............9.~.l.5.....%. The interest (ate required by this Section 2 is the rate I will pay both before and after any default described In Section 6(8) oflhlS Note. 3, PAYMENTS (AJ Tillie IIld PIKe or P.,-mn.. I will pay principal and interest by maklRg payments e\'~ry month I Will make my montbl)' paymclIlson the ......1...... . day of each momh bcgJnningon ..,J.u.ly._..L.........._....._. ... __ . 19....8.6. I will nlake these paymentscvcry monlh unldl have paid all o!the principal and interest and any other char,es docribcd_ below thai J may owe ~~ th~ NOle. My monthly payments wdl be applied to mleral before principal. Jf.'on .lun.e...l.,.._.... ..._ ...m........ ... _il1.6.I suIJ owe amounts under this NOle, I wdl pay those amollRU ill foJl on that dace. wblch is called lbe "ftIaturily date." ~ I Will make my monlhly paymcnl$al .JJ.~.. f..Lith., .~YS.....I....p'_j. q.#jl.b.lAI.g,h........fA..h_.L~.~.7.,~.... .......................... or at a dllf'erent place ifrequircd b)' che Note Holder. IB) Amoual Of!\oJODlbl)' 'aYIDeDIs My monthly payment will bcin Ihe amount oftJ.S. S. . .Jt.l.7....5.~... .. BoRROWER'S RIGHT TO PREPAY I have the nsht 10 mak~ payments or principal at an)' lime before the)' arc due. A payment of principal only IS known a~ a "prepayment.'. When I makea prepayment. I wllllell the Note Holder in wntm, Chat I am doing so I may make a full prc:payntCllt or partial prepayments without palo'inK any prepayment charle. The Note Holckr will UK all of m)- prepayments to reduce the amount or principal lhal I ow:e under Ihis Nole, Ir I make a panl..1 prepayment, there will be no chances in the due date or in tbe amount of my monthly payment unlea the Note Holder qrees in writina 10 Ihosechanp:s. 5. LOAN CHARGES If a law. whlcfl: appli~ to Ihu. loan and which 5ClS muimurn loan chargcs. is finally interpnted so Ihat the interest or other loan charges cOllected or 10 be collected in connection .ilb this loan ellcccd the permiued limits. then: (i) an)' such loan charse shall be reduced b)' tile amounc nttcS5llry to reduce lhe chqe to Ihe permitted limit; and (i1) any $ums already tollcctcd fTOn1 me \WblCh ClIceedl!d permitted limits will be rc:Cundcd 10 me. The NOle HoIclcr may choose 10 nuke tbis refund by redu.tlna tbe pnnclpall ow~ under this Note or by makin, a direc:t payment to me. If I refund reduces principal. the reductKlR win be treated as a partl&l prepayment. 6. BORROWER'S fAILURE TO PAY AS REQUIRED (A) Late CIIarae for Ottrdue Pl)'taents If the Note Holcler has nOl received Ihe full amount of any monOdy payment by Ihe end of .........1.5........... Alendar days after Ihedaleit is due.. will pay alate chal'JC to Ihe NOle Holder. The amount of'lhccharac wilt be ...A........ '" afmy o\'erdu.c payment or principal and interest. I will pay this latc charge promplly bul only once on each late payment. (B) Dcr.utt If 1 do not pay the fu1l amO\Lllt or eacb IIIOJIlhly payment on the dale it is due.l will be in dctault. (0 Notice ~Pef.ull 1ft am in default. the NOle Holder may send me a wnUtn notice tellin, me that if I do not pay lhe overdue amount by il c.enain dale. the Note Holder may require: me to pay immediately the full amounl ofprincipalwhieh bas not been paid and all the inlerest UIAI I owe on th.1 atnOlUIl. That date must be allcast 30 days ICIer the date on wbic:h the notice is delivered or mailed 10 DlC. (D. No Wai,,.. By Nolc Holder Even ir. al a time when I am in default. the Note Holder does 001 require me to pay immediately in full as described abovc.lht' NOle Holder willuill untbe riJhl to dosoifl am in dt~aull at a later lime. eEl '.ymenliltfNole Holder" Costsud E1lpenses If the Note Holder has required me 10 pay immediately in rull as described abowc, the Note Holder will hl\le Ihe riaht to be paid batk ;JIy me for all orits coalli and expenses in enforciolthls NOle 10 the eatcnt not prohibited by applicable law. Those expenses include. ror cumple. reasonable allomeys' fees. 7. GJ\-'ING OF NOTICES Unlen applic;lb1c law requira a different method. an)' nOllce rhaa must be Biven 10 me undu Ihis NOle -:ill ~ liven by dcliverins it or b)' mailina il by first class maillCl me at the Propeny Address abe\le or at a dilrerern address If I live the Nole Holder a notict army diO"ercnl'cldrtS$. Any notice Ihllt must -be liven 10 tbe Note Holder u.nder this Note will be liven by mailina: it by firil clusmail,lotbc Note Holder atlhe .ddrcss_slIlcd in Sectiop 3(A) abcnoe or al a differenl ,ddrcss if I am ..ven a noli" of &bal dift'amt .aa..... ~ ,.j' , . -,,", ,-^' <'c.. >"- Ll; ,~ if;t .. . .t _ '# , r ~o !i ~^- r: f R I , t I ( r (:, f: r'- R' t, f! ~: l'le! ( I ~ L :". I f- I \, r, t [ ( I l,R"-', ,.,r,,; ""--,","_";, _ .>, ' , II. OBJ.I(i.\lIO....S Or' PERsnl\;S llNUl-:R nus !\()u: If morc Ih,lII. ,lnt ~r~'11 ~Igll" !III!. Nllle. ellch per!.un I~ rully ami f'trsor.;ally obllgaled lu ....-e[l all of Ibe prt>nu~..\ made In this Nott. llIdudmg Ihe pruml~C' 10 pay Ihe ruff am._,UnI owed ....,,). penon ""fl." IS a 8uaranrnr. surd) or cndllr..cr 'If Ihll~ f\rt1'1~ is alr.u t,hll~a.led III du Iht:K Ihmg~- A:'IY perwn .....bo ta"e~ uver t~ obliJ;tuOlls, mcludm~!he obligations loll a iuaranlnr. sl.iret) .11 endo~r of1hl" Nule. IS al", "bhgated It' keep 0111 01 Ihr proml~s made In thIS Nole. The N.lte HoId:::r P1il)' enlllrce its "gl.h under Ihl" Nuh.- ilS;111l...1 .....tl II r<;hun 1O()IYldUillI) Of ilgamsl all or u!. logelber. Thu'me~ns thai aU) .me oJf U~ ma)' be 100l,UlreJ loJ pa) Illl "I' till' :,lIIollnb owed umlef lhl~ Nule. 9. WAI\'F.RS I ilnd any ..Iller rerwn Wb.l h.... obhgallUIl~ und!:r Inl~ r-;(lte "".Iye the "Ihts uf (lr~nlment and notice of di~honor. "Presentment" "Iuns the ught 1<' rC\!,une the NOle Holder I.' demand payment of amounts due. "Notice of du.honu(' means-the righllo requIre: the Note Holder to give Itolic-II: to other persons Ihal amounts due have nOl been p'lid. 10. UNIFORM SECURED %\OTE ThiS Nole l!o" 1I111;U(1I1 1lI1>UUIllelll .'Ilh I&nllt.....-1 Vanalln.1S in some Jurischcllons. In addilion to lhe prOlections glYC:h 10 Iho: NIllc Hollkr UudC:f 11M ~"I~. a Monoillf<':, Ot:ed ofTru~1 or Security !ked (the "SecurilY Instrumenl",. dated the !>ame datI: as Ihll> ~"IC, P("tc~..- the: r..;.lh: HulJer horn po~lIolble I~ which might result if I do nOI keep the pronllu, "hlch 1 mal.e inlhl!> Note 1 h31 St.:unly In..trUDlcnt dncnbC!. how anJ under what C:OndltlollS I nlay be required to make imnu:d.,uc paymcnllR fult of all amounts IllWC under IhlS NOll:. Some ofthosecondlUons aredc.c:ribed as follow5; TrlllU.fer of tbe Propert) or 8 Beneficial hleresl in Borrower. If aU or any part of the Propert) or .tIn .ntele"t m It II> sold (ir tran!rofcned (or if a bcnefic-lalmLe(Gl In Borro_er is sold or trall$ferred and ti"rro\\C'r I!l; n.l[ d nalu(al ~r"(In) wiihoul Linder'!. pnor written consent, Lender may, al ill"llplIun, JcqUlf'C:.- IDlme'diale r..~I.:~ll: In f\.1l "r :111 sum~ ~C'.:urc:d by thiS Security In!iilrument. Howcver.lhtsopllon shan nOI be ~AerCI.....d b. l....nder If Ut'r":I\eI"> I"rOhlblh.:J by fc-Jer.d law ~oflh,daleorlhlS SecurilY Instrument. Ir Leudc:r Clcr':IM"'o Ihl; flrllon. lender $t.all &1\1' Borrower notice of ac:celeration, The nOli" 50nall provide a rrnod of 1101 less than 30 day~ rrom the date the nolia is delivered or mailed within _hi..h Borro.'cr musl pay all loUmI. !ii~u(td by Ihis Secunty InstrumeRl.lfBorrower fails to pay Ihcse 5UIR5 pnor 10 lhe eapirallaR of Ihis pcnod. Lender may invoke any remedies permitted by this. Secunl)' Instrument withoul further hOliccordcmand on Borrower. WI n..ESS Till HANDtS) ",,"U SLA 1.tS) OF TilE lINUEkSI(i-NED , ,:;"~'S;.).~".:?.1",,,!::..~......,................ David R. Eckert Q.)J .nJ..'1lSl..~.,..b2.1bt.....".....,...,.. y:S~nne S. Eckert .'".'"",..,.........".......,...,.....,..,.,..,.........,..........".,.._.,..,............(ScaI' ....-. ......(Sea., ,- .,............,......,...(Seall -.. (SIan Onainal Oni)") <i,_ -,,' .4 ?~ ~ ;c~ .~~'<l<~",-", ~_~iiliali~'l!<",;JWI"..'d1li!!~L'l~~Jil.*&~~"'If!:jill!,;<i!jH['i'lfu,;j;-~,_!~"~,IiI<~riolHar,lihiiJ~- Ji:ri!-~'< ~. i'1llllSiIlIli;!iI li~! ~ "I ~.. -~. .. 0 c-, S'-i c: '.T~ r;-' __-J -/ L , (,r j r-:::: ~.l "--- ~~ " "\ q L~ ~,-) ;i:- ~:_~ , ' 1 .~ "\ ~-? -~ ;""0 ~--~ ~ ~:J -< ..... -< ,g!l!l~LQ.",,1~U,,t!IUlil'lJj]jMlJ1!,,,,, JU,~,_""",~,J)~t,~,JJ"i,I!!11L",WIV", L" ,,,.L " I !JIIIUI ,.11 "L" _".,. ..,-",~ ,"'. .~, u""'" .,,, ,,~,'" -' ,"'," ,. """" ,~ ,. " ~, "'__"_'_0 ._n'_;_'.' .'. - ~-;,- --' "--~,-<'-",' -,," . -.;", , ';';'-~:j NATIONAL CITY MORTGAGE CO., P. O. BOX 1820 DAYTON, OIDO 45401-1820, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 01-3764 CIVIL TERM DAVID R. ECKERT and YVONNE S, ECKERT, (Mortgagors and Real Owners) 101 Silver Springs Mechanicsburg, P A 17055 Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NOTICE TO PLEAD TO: National City Mortgage Company and its attorneys, Joseph A. Goldbeck, Jr., Esquire Goldbeck, McCafferty & McKeever Suite 500- The Bourse Building 111 S. Independence Mall East Philadelphia, P A 17106 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER TO COMPLAINT WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. By: t, III, Esquire eet 'a 17013-3222 Date: August 30, 2001 " ~ .--~ NATIONAL CITY MORTGAGE CO., P. O. BOX 1820 DAYTON, omo 45401-1820, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, NO. 01-3764 CIVIL TERM DAVID R. ECKERT and YVONNE S. ECKERT, (Mortgllgors and Real Owners) 101 Silver Springs Mechanicsburg, PA 17055 Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ANSWER WITH NEW MATTER AND NOW, this 30th day of August, 2001, comes the Defendant, Yvonne S. Eckert, by her attorneys, Irwin, McKnight & Hughes, and makes the following Answer to the Complaint in Mortgage Foreclosure: I. The averments off act contained in paragraph one (1) of the Complaint are admitted. 2. The averments of fact contained in paragraph two (2) of the Complaint as they relate to the answering Defendant, Yvonne S. Eckert, are admitted. 3. The answering Defendant, Yvonne S, Eckert, is without sufficient knowledge to form a belief as to the truth of this allegation. It is therefore specifically denied. 2 J ---,' "--" ."., .",",'"""""",,,- ""-"'~~~;"'~"""~";""';'""'C'_ " """',;'i!i; 4. The averments of fact contained in paragraph four (4) of the Complaint are admitted. s. The allegations contained in this paragraph are conclusions oflaw to which no response is required. To the extent that a response is deemed necessary, the allegations are specifically denied. 6. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a responseis deemed necessary, the allegations are specifically denied. 7. The allegations contained in this paragraph are conclusions oflaw to which no response is required. To the extent that a response is deemed necessary, the allegations are specifically denied. 8. The allegations contained in this paragraph are conclnsions oflaw to which no response is required. To the extent that a response is deemed necessary, the allegations are specifically denied. 3 ~, ~ <'__0'" '[[ '"' ~-LI1o WHEREFORE, the Defendant, Yvonne S. Eckert, hereby requests that judgment be entered in her favor and all claims of the Complaint be dismissed with costs and reasonable legal fees paid to the Defendant, Yvonne S. Eckert. NEW MATTER AND NOW, this 30th day of August, 2001, comes the Defendant, Yvonne S. Eckert, by her attorneys, Irwin, McKnight & Hughes, and makes the following New Matter to the Complaint filed by the Plaintiff. 9. The averments of fact contained in the Answers to Complaint contained in paragraphs one (1) through eight (8) are hereby incorporated by reference and are made a part of this New Matter. 10. The Complaint fails to state a claim upon which relief can be granted. 11. The Plaintiffs claims are barred by the applicable Statute of Limitations. 4 .~ ~. .<~><._~. ,,- ".'"<-'-'iil~ WHEREFORE, the Defendant, Yvonne S. Eckert, hereby request that judgment be entered in her favor and all claims of the Complaint be dismissed with costs and reasonable legal fees paid to the defendant. Respectfully submitted, By: us A. c 'ght, III, Esquire 60 est Pomfret Street Carr sle, Pennsyl ania 17013 (717) 249-2353 Supreme Court J.D. No. 25476 Attorney for defendant, Yvonne S. Eckert Date: August 30, 2001 5 u:& ,. ~> ~ <,;,; ,,~ ",";;'- ";"~ VERIFICATION The foregoing document is based upon information which has been gathered by counsel for the plaintiff in the preparation of this document. To the extent that the document is based upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the plaintiff according to 42 Pa.C.S.A. ~ 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. . t, III, Esquire Date: August 30, 2001 .~ .~ ~,-"" -~' "" ~ - '--','-'"-,-" ~ ~,"'l" " ,j"'" .'>~' ~-'">'-~""''''''''--''';',"'~--- -"'"'"I~f. NATIONAL CITY MORTGAGE CO., P. O. BOX 1820 DAYTON, omo 45401-1820, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 01-3764 CIVIL TERM DAVID R. ECKERT and YVONNE S. ECKERT, (Mortgagors and Real Owners) 101 Silver Springs Mechanicsburg, P A 17055 Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Answer with New Matter was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Joseph A. Goldbeck, Jr., Esq. GOLDBECK, McCAFFERTY & McKEEVER Suite 500- The Bourse Building 111 S. Independence Mall East Philadelphia, P A 19106 By: . ght, III, Esquire 60 e Street C lisle,PA 1703 (717) 249-2353 Supreme Court I.D. No. 25476 Date: August 30,2001 6 ,,~ ' ~ ~_..J ' ",-" ~ -' "tj '. ~ GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I,D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: LISA A. D'ANGELI, ESQUIRE Attorney I.D. #78020 Attorney for Plaintiff NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. No. 01-3764 Civil Term DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Real Owners) 101 Silver Springs Mechanicsburg, PA 17055 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT I. PROCEDURAL HISTORY This is an Action of Mortgage Foreclosure brought against the Defendants who are the Mortgagors and Real Owners of the real property located at 101 Silver Springs, Mechanicsburg, PA 17055 ("Property"). Plaintiff filed a Complaint and Defendants filed an Answer and New Matter. Plaintiff has replied to the New Matter and now moves for Summary Judgment. This memorandum is offered in support of the Motion. Defendant, David R. Eckert, has not filed a timely answer and is therefore deemed to have admitted all allegations of Plaintiff's Complaint. ~ ~ ,~ ,'" ,j',> ., 'illii " II. L1!:GAL ARGUMENT Summary judgment is governed by Pa.R,C.P, 1035.1 et. ~, Pa.R.C.P. 1035.2 provides that "After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment...." Summary judgment is appropriate to be entered: (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense..." Pa.R.C.P. 1035.2(1). Pa,R.C.P, No. 1141 notes that the foregoing assumpsit rule shall apply to Actions of Mortgage Foreclosure. Pa.R.C.P. 1035.2(2) requires the party who opposes the motion to provide the Court, in response to the motion, with "... evidence of facts essential to the . defense which, in a jury trial, would require the issues to be submitted to a jury," Specifically, Pa.R.C.P. 1035.3 states, in pertinent part: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion", Plaintiff has included an affidavit in support of its Motion for Summary Judgment, pursuant to Pa. R. C. P. 1035.4, which states in relevant part: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith, The court may permit affidavits to be supplemented or opposed by .-', 'J , ~ ,,", h(~~-:..-,.- ,'" O""..;~, depositions, answers to interrogatories, or further affidavits. Accordingly, the only issue before the Court is whether Defendant's Answer raises any legal or factual issue which provides a basis for denying Plaintiff its request for summary judgment. Plaintiff respectfully suggests it does not. Defendants admit paragraphs 1, 2 and 4 of the Complaint, specifically the identities of the parties, the making, execution, delivery, recordation and assignment of the mortgage in question and the legal description of the Property. In paragraph 3 of the Answer, Defendants deny for lack of knowledge the execution and assignment of the mortgage and the mortgage recording information. The execution and assignment of the mortgage and the recording information are matters of public record and may not be denied for lack of knowledge. See. Goodrich vs. Amram 2d. Section 1029(c):1 at P.P. 279-80, Accordingly, said lack of knowledge denials constitute admissions. Moreover, there is absolutely no requirement that a mortgage document be attached to the Complaint. See, Pa,R,C,P, 1019 (g) . Plaintiff incorporates by reference the recording information for the mortgage and all assignments. The Pennsylvania rules require nothing more. Pa.R.C.P. 1019(g) provides: A party may incorporate by reference any matter of record in any State or Federal court of record whose records are within the county in which the action is pending, or any matter which is recorded or transcribed verbatim in the office of the prothonotary, clerk of any court of record, recorder of deeds or register of wills of such county. , ~ .' f _.-'j..,," , '.1: Paragraphs 5 and 6 of the Complaint contain the specific averments of default and amounts due and owing upon the mortgage required to be averred in actions of mortgage foreclosure as set forth in Pa.R.C.P, No. 1147(4) and (5). Defendant answers these specific averments by stating that these averments are "conclusions of law" making a response unnecessary. Pa. R. C. P. 1029(c) requires Defendant to dispute Plaintiff's allegations with some specificity. Defendant has not done so. More importantly, Defendant fails to specifically respond as to her failure to tender monthly payments or the total amount due and owing. Defendant cannot simply invoke Pa. R.C.P. 1029(c) when Defendant, as well as Plaintiff, has knowledge, or should have independent knowledge of the mortgage account. Further, as case law assumes that Defendant has knowledge of her own mortgage account, Defendants are deemed to have admitted these specific allegations of default by failing to deny the allegations with any specificity. See First Wisconsin Trust Companv vs. Strausser and Perlberoer, 653 A.2d 688 (Pa.Super. 1995); New York Guardian Mortoaoee Corporation vs. Dietzel. 524 A.2d 951 (Pa. Super 1987) Cercone vs. Cercone. 386 A.2d 1 (1978); Pa, R. C. P. No. 1029. The lack of specific, detailed response to Plaintiff's specific averments of defaults constitutes an admission of the default and amounts due and owing upon the mortgage. See. New York Guardian Mortoaoee Corporation vs. Dietzel. 362 Pa. Super 426, 524 A.2d 951 (Pa, Super 1987). Thus, while Defendant's default is a legal conclusion, Plaintiff respectfully suggests this honorable Court should conclude, based upon ., _J ~' ,k.,,,;, "", .c' the admissions of the Defendants and the verified facts of Plaintiff in its affidavit in support of its Motion, that Plaintiff is entitled to summary judgment. Defendant's general denials regarding/allegations that the damages are incorrectly calculated is not a basis to deny Plaintiff judgment as a matter of law. Default in an action of mortgage foreclosure is an absolute. Once default under the terms of the mortgage has been established, the court must enter judgment in favor of the holder of the mortgage. The question of accounting is saved for another day, specifically, after a Sheriff's Sale of the Property. The Supreme Court of Pennsylvania held in Landau vs. Western PennsYlvania National Bank, 445 Pa. 217, 282 A.2d, 335 (1971): The mortgagors are unquestionably entitled to an accounting, but that accounting is not due until the property is sold at Sheriff's Sale and distribution of the proceeds is made, Judgment in mortgage foreclosure action must be entered for a sum certain or no execution could ever issue on it. 445 Pa. at 226, 282 A.d. at 335. This Supreme Court decision directs a court to enter summary judgment in favor of the plaintiff/mortgagee where the defendant/mortgagor admits the default upon the mortgage. Landau vs. W. Pa. Nat. Bank. 455, Pa. 217, 255-266, 282 A. 2d 335, 340 (1971). Pennsylvania Courts have long and repeatedly upheld the reasonableness and enforceability of a request in an action of mortgage foreclosure for attorney's fees equal to 5% of the principal balance of the mortgage as demanded in Plaintiff's Complaint at paragraphs 6 and 7. Robinson vs. Loomis. 51 Pa. 78 (1865); Gal1iaan vs. Heath. 260 Pa. 457 (1919); Foulke vs. Hatfield Fair Grounds Bazaar. Inc.. 196 Pa. Super Ct, 155 (1961); First Federal S&L Assn. vs. Street Road Shoooina ~,,~ ~~ "<L.', >c,', 11"-':" ';"'\:: Center, 68 D & C 2d 751, 75 (Bucks County) (1974). Moreover, as further explained in Paragraph 7 of Plaintiff's Complaint, the attorney's fees demanded in Paragraph 6 of Plaintiff's Complaint would only be collected in the event of a third party purchaser at Sheriff's Sale. Defendant continues to have the option of paying all arrears and costs up to one hour before the Sheriff's Sale in conformity with the provisions of Act 6 in which case attorney's fees will be assessed based on work actually performed. See. pennsylvania Act 6 of 1974, 41 P.S. Section 401 et. sea. Defendant invokes Pa.R.C.P. 1029 to generally deny paragraph 8 of the Complaint as to Plaintiff's compliance with Act 6 and Act 91. This denial is insufficient as a matter of law. Plaintiff complied with Act 6 and Act 91 by sending the new, combined Act 91 notice, also referred to as the Act 160 notice. Plaintiff complied with the Act 91 and Act 6, averred that fact in its Complaint, verified that fact under penalty of perjury on two occasions and attached copies of the Act 160 Notice to its Complaint. The required Act 160 Notice was sent by Plaintiff on April 3, 2000 (See, Exhibit A of Complaint). Accordingly, any implication that Plaintiff did not follow the procedure(s) set forth in 35 sec.403(c) is totally without merit. With regard to Defendant's New Matter, paragraphs 10 an 11, these allegations are mere conclusions with no specific facts plead in support of Defendant's theory and provide no basis to deny Plaintiff's Motion for Summary Judgment. Accordingly, no genuine issue of fact is raised. 01 ~. --~ , . "-"0 III. CONCLUSION All material averments of the within motion are verified in the attached signed and sworn affidavit pursuant to Pa.R.C.P. No. 1035. Defendant cannot simply rely upon the averments of the Answer to raise an issue of fact, Phaff vs. Gardner. 451 Pa. 146, 303 A2d 352 (1973). Accordingly, Defendant's answer admits all material facts, there are no issues of material facts, there are no issues of material fact and Plaintiff respectfully requests this honorable Court grant Plaintiff's Motion for Summary Judgment. Respectfully submitted, G DBECK MCCAFFERTY & MCKEEVER BY: , ESQUIRE "c - ,. " 'J__" . ,-,-0,,, ~~:.:;1 , ..... NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton,OH 45401-1820 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3764 CIVIL TERM V. DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Real Owners) : 101 Silver Springs Mechanicsburg, PA 17055 IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Before HOFFER. P.J, and OLER. J. ORDER OF COURT AND NOW, February 15, 2002, upon consideration of Plaintiff's Motion for Summary Judgment, it is ORDERED: That Summary Judgment is hereby granted in favor of Plaintiff for the dollar amount due as of the filing of the Complaint ($45,274.59) plus interest at the rate set forth in the note, fees and costs and other charges in accordance with the terms of the mortgage and note and the demand of the Complaint. By the Court, Lisa D'Angeli, Esquire Suite 500, The Bourse Building 111 South Independence Mall East Philadelphia, PA 19106 For the Plaintiff 9'1;11 , ~ ' . ., , .. Yvonne S. Eckert c/o Marcus A. McKnight III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 For Yvonne S. Eckert David R. Eckert PO Box 1342 Mechanicsburg, PA 17055 David R. Eckert 101 Silver Springs Road Mechanicsburg, PA 17055 ", .-". 6.bV ).2 ~?~ . , , ,~ " ""","',,,,,,,,,- '<~"'>-_t ;.....-, NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton,OH 45401-1820 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3764 CIVIL TERM V. DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Real Owners) : 101 Silver Springs Mechanicsburg, PA 17055 IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Before HOFFER, P.J. and OLER, J, ORDER OF COURT .AND NOW, February 15, 2002, upon consideration of Plaintiff's Motion for Summary Judgment, it is ORDERED: That Summary Judgment is hereby granted in favor of plaint iff for the dollar amount due as of the filing of the Complaint ($45,274.59) plus interest at the rate set forth in the note, fees and costs and other charges in accordance with the terms of the mortgage and note and the demand of the 9omplaint. By the Court, Lisa D'Angeli, Esquire Suite 500,l"he Bourse Building' 111 South Independence Mall East Philadelphia, PA 19106 For the Plaintiff TRUE if"'O~.:J;y F~':"i:"Vi.!) i::;i'~I"f1,f:"I''il ~";'II_", W, ~ ,J.\", ~",:, ~ ;';L_J",;"~",,~~ "v In Testlmcny t r,,,';;;j alld 11'!(J ;;",;;1 Pa. This ;/~"" d~ ujl'~"'11~ ;W:U (L", ~; ~n Pic,hollotart ..Ji,,-- lilt\ , k 'J"___ fl1ii.-fuC;J! -, Yvonne S. Eckert cIa Marcus A. McKnight III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 For Yvonne S. Eckert David R. Eckert PO Box 1342 Mechanicsburg, PA 17055 David R. Eckert 101 Silver Springs Road Mechanicsburg, PA 17055 ,'.' ~-!-..;: FEB-12-2002 03:45PM FROM-IRWIN, MCKNIGHT & HUGHES LAW OFFICES +7172496354 T-174 POO2/002 H52 LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER 8, IRWIN MARCUS A, McKNIGHT. III JAMES D. HUGHES REBECCA R- HUGHES MARX D. SCHTYAR7Z DOUGI..<S G. MIUER WEST POMFRfiT PROFESSIONAL BUILDING 60 WEST POMFRfiT STREET CARliSLE, PENNSYLVANIA 17013.3222 (717) 243-2353 FAX (717) 24!i!-6354 E.MAIL: IMHLAW@SUPERNET.COM HAROLDS. IRWIN (/915-1977) HAROLDS.1RWIN.Jk. (19$4.J98fJJ JRWIN,IRWlN&IRJJfTN (J9J(i..}9S6) IRWIN. IRWIN&M<K.WGHT rm..",,) IR,WIN. McKNIGHT<< HUGffES (J 994- J Via Facsimile (240-6460) And Re~ar U.S. Mail February 12, 2002 "})' / f\ _~ I Attention: Tara Dixon, Court Administrator Office of the Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: National City Mort!':aee Comoanv v, Yvonne S. Eckert and David R. Eckert Docket No.: 01-3764 ' Dear Tara: This letter is to confirm that I represent Yvonne S. Eckert who is a Defendant in the foreclosure action brought by National City Mortgage Company. My client will not contest the Motion for Summary Judgment filed by the Plaintiff. Very truly yours, Marcus MAM/mln cc: Ms. Yvonne S. Eckert lv!r. David R. Eckert Lisa A. D' Angeli, Esquire (via facsimile 215-627-7734) J ,... ~ '4 in' .,.~ 0;. ""'^,-' 1, ) , " PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) National City Mo~tgage Co. P,O. Box 1820 Dayton, OR 45401-1820 ( Plaintiff) VIi; . David R. Eckert (Mortgagor and Record Owner) 101 Silver Springs Mechanicsburg, PA' 17055 ( D2ferrlant) No. 01-3764 Civil 19 L State matter to be argued (i.e.. plaintiff's lIDtion for new trial. deferrlant's danurrer to canplaint, etc.): Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Address: Lisa A, D'Angeli, Esquire The Bourse Bldg, Suite 500 Philadelphia, PA 19106 (b) for deferrlant: Address: Marcus A, McKnight, III, Esquire West Pomfret Street Carlisle, PA 17013-3222 3. I will notify all parties in writing within b.u days that this case has been listed for argunent. , 4. Arg\Eent Court Date: Dited: J:), 111/0 I A~,Q~&P .ff , a~ntl -Y';i;;'<<'O",\,j ~~~~,iOiW;l~:'li\lw.,%llili'j~.ll<!?!lJ~~lt1ililltl'j.~"!$i&,;"",l"':'" ;L;ii"",g,,;,,,"~~~~"-,lt,,~,i;lGl.i~_' -'-~~~-~,o"""r;\~~'~w-'~.ll~_~c ~ ~ , . , () C -"" ~ l.J "";': /11['.' .:;~ ~i) (i:i_""- -<-'-':-' l~, ==i -< at~~fI>~L.1Un_: i ~o/',"._=_~~~ .,~~, ~~'x~_ ~"'*'~__"~ ',,"~' .~ -.. -:"..) .....} .. - <::> c::J r~'1 '> i' "\ ':J , ~-2 . - 'L',.:,' ' ,~, " ,j , '" r~0: .. , GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 (21 S) fi?7-11?? ATTORNEY FOR PLAINTIFF National City Mortgage Co. P.O. Box 1820 Dayton, OH 45401-1820 Vs. David R. Eckert 101 Silver Springs Mechanicsburg, PA 17055 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO 01-3764 (Civil Ter.m) Yvonne S. Eckert C/O Marcus A. McKnight, III, Esq. West Pomfret Professional Bldg. 60 West Promfret Street Carlisle, PA 17013-3222 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against David R. Eckert only, Defendant for failure to file an Answer to Plaintiff's Complaint within 20 days (or 60 days if defendant is the United States of America) from the date of service of the complaint and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: ****Damages to be assessed at a later date**** I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS lo~ o~OI INDICATED. ~ ('~ "A PRO PROTHY d \;d DATE: I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is P.O. Box 1820, Dayton, OH 45401-1820 and that the name and last known address of the Defendant is: David R. Eckert, 101 Silver Springs, Mechanicsburg, PA 17055. ldbeck, Jr. r Plaintiff Iii ~Di~JiW~fii.lliM:,~"""",,~,",jJrn.,~~~&ti<!R.@,"~!cMf.i'J'jJV%,;:, ~~'T-,_,"1~'; ';"':","'k~!'~"''''_"''''<'l,i''H.\:i'jj;;l,:I%i;ii\HI\If'lliilHli/aijjilflt.il ~-.'l:~_iI;liljIJi~~~~.w.t,~~~~~ ~ ~""4iI (") 0 (-:;. C <" 'I , "TJ.C:C; D nlr n '-'1"' Z-;-c ....... ze I ~~ t.n C::::C. ~, j;: v ::sf.< -- )>~ '-- Z ::.;., --,..,.; =< (....i =<-~ -. !lIlI.lI_",~l ,~_.=~~ c. ,.=,_ _ , ~~..,~ ",__." ...'.M.~", " , " r; -. , , ~ -, ..'. ~., L I. '"-.,..- _ , ' -k'l " TO: DAVID R. ECKERT 101 Silver Springs Mechanicsburg, PA 17055 NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton, OH 45401-1820 Plaintiff vs. DAVID R. ECKERT AND YVONNE S. ECKERT (Mortgagor (s) ) (Record Owner(s)) 101 Silver Springs Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-3764 (Civil Term) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DAVID R. ECKERT 101 Silver Springs Mechanicsburg, PA 17055 DATE OF THIS NOTICE: August 23, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Isl JOdeph -.A. (jotJteck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 ,- . ',~,,- ,,-"~ ~, ~.. -~-, '"',; . TO: DAVID R. ECKERT PO Box 1342 Mechanicsburg, PA 17050 NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton, OH 45401-1820 Plaintiff vs. DAVID R. ECKERT AND YVONNE S. ECKERT (Mortgagor (s) ) (Record Owner(s)) 101 Silver Springs Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-3764 (Civil Term) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DAVID R. ECKERT PO Box 1342 Mechanicsburg, PA 17050 DATE OF THIS NOTICE: August 23, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JOdeph -.A. (joldteck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 'i.' ^ .. ~"" '-' ~'j',--,<,,-..,, "-~b GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite SOO-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (/.1 'l) n/.7-B22 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION National City Mortgage Co. Vs. No. 01-3764 (Civil Term) CUMBERLAND COUNTY David R. Eckert Yvonne S. Eckert VERIFICATION OF NON-MILITARY SERVICE JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' civil Relief Act of Congress of 1940, as amended. (b) that defendant David R. Eckert, is over 18 years of age, and resides at Present Whereabouts are Unknown. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. October 3, 2001 j~ , d ^" . " L_. ",' (.'1 ,.,,j.-.__ 1-. , (Rule of civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW National City Mortgage Co. , Plaintiff Vs. NO. 01-3764 (Civil Term) David R. Eckert , De!endant Notice is given that a Judgment in the above captioned matter has been entered against you on October ~ ,2001. BY'~'BPUTY If you have any questions concerning this matter please contact: **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** " ~~_~l~Rli~~j.itiM..@~OOdIiil~fj(~~~-..lI!1ki!>@mclli!i.i.bj~...M~....l!~-..;;.".{\\(~.;;d,j:H_li~-iJf8-~~~iligj~~~~mrft'~"_"~I!illJffi~:i__' '",L a '"" "Jjdli ;,.; ~ ~ ~ I~? '.::;- ( .1 - C.=> C:'" \cl\ T " .:') -- rn{~-- "'-1 - ;2:. - .....J ~ 7: T: - ~ en c...n - - '-'" -, ~is-> vJ 0<1 ~...) '"'D ~ j- -, , (J;' J5; :) --h" '---)~;..: _.;'>> ,,':-() ~ ~:=() f.~rn PC 'j ~ Z :.n s;! :< ::D en -< C> ~ () "- .IJI!!lU,Llli:!_J. _ _ _ _ ~_"v,~~ '~'",,.,,..,>",,,~,_"?""_""'".' _,_ _""'0 ", _.', ~_,'"_ ,-<< -< -. .:~ - ~ " """, ~_ -u<- " ~ 'j~, ' <' ",' _-;-,": " ""';10 '" . ," c.. ,~ '" , ' JUt 1 7 2D01 r/J GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff NATIONAL CITY MORTGAGE CO. IN THE COURT OF COMMON PLEAS P.O. Box 1820 Dayton, OR 45401-1820 OF CUMBERLAND COUNTY VS : No. 01-3764 Civil Term DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Real OWners) 101 Silver Springs Mechanicsburg, PA 17055 ORDER day of J~ 2001, AND NOW, this l~ upon cons:ideration of the Plaintiff's Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant, David R. Eckert, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiff's Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant by posting a copy of the Complaint upon ",the premises 101 Silver Springs, Mechanicsburg, PA 17055 and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address of 101 Silver Springs, Mechanicsburg, PA 17055 and that all further service of '-i- ,..^ ." --. ,~. ~.:: legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants by sending copies of same to Defendant's last known address by certified and regular mail and BY THE /'. COURT: \ the premises. J. '. , ,~,~-_",,-'c' . ,., " ,(-~ GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY vs No. 01-3764 Civil Term DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Real Owners) 101 Silver Springs Mechanicsburg, PA 17055 : TIllS LAN FIRM IS A DEBT COLLECTOR AND lIE ARE ATTEMPTING 'l'O COJ:.LBcr A DEBT mmn 'l'O OUR CLIERT. ANY INFORMATION OB'.l'AINED FROM YOU IfILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(al Plaintiff, by and through its attorney, Michael T. McKeever, Esquire, in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 101 Silver Springs, Mechanicsburg, PA 17055, hereinafter, the "mortgaged premises". 2. Defendants, DAVID R. ECKERT AND YVONNE S. ECKERT, are the mortgagors and real owners of the mortgaged premises. 3. The last known address of Defendant, David R. Eckert, is 101 Silver Springs, Mechanicsburg, PA 17055 as set forth in Paragraph 2 of the Complaint. 0',"'" <',~, \ ~;L'~' ~ _~~ -' .;... " ,,,~ ' _ ~" 4. The Sheriff has been unable to effect service of the Complaint upon Defendant at his last known address after numerous attempts. 5 . The following investigation was conducted in a good faith attelllpt to ascertain the whereabouts of Defendant, David R. Eckert. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant by posting the premises and certified and regular mail to the Defendant's last known address. 1YJ. ~..P J _[/0../ BY: MI T. MCKEEVER, ESQUIRE . ,. ., ~ ., <~ , ., '"~;- "c,... -,_,,__~~ - --'t' GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR.. Atto~ey I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Atto~ey I.D. #56129 Atto~ey for Plaintiff NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs No. 01-3764 Civil Term DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Real Owners) 101 Silver Springs Mechanicsburg, PA 17055 VERIFICATION I, MICHAEL T. MCKEEVER, ESQt;JIRE, Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. rn. rnW{ff-/.FfV BY: MICHAEL T. MCKEEVER, ESQUIRE '-.-If. CO L ,_. 1,"_ ~ "~.. '_-'~'4 - J_, - -'1 GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR.. Attorney I.D.#16132 Suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff NATIONAL CITY MORTGAGE CO. P.O. BoJC 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs No. 01-3764 Civil Term DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Real Owners) 101 Silver Springs Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE MICHAEL T. MCKEEVER, Esquire, do hereby certify that true and correct copies of the the foregoing Motion for Substituted Service have been served upon the Defendant, David R. Eckert, this I~ day of July, 2001, by first class mail, postage prepaid. 'th. m(lci(.fjJ{Jt~ BY: MICHAEL T. MCKEEVER, ESQUIRE . h - ,"" " . CO , _, -""'j" GOLDBECK MCCAFFERTY & MCKEEVER JOSEPH A. GOLDBECK, JR.. Attorney I.D.#16132 suite 500-The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs No. 01-3764 Civil Term DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Real Owners) 101 Silver Springs Mechanicsburg, PA 17055 : MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(al Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant which the Sheriff has been unable to personally serve upon Defendant, David R. Eckert. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). - "~ ., ---," '" "" - L~J ,'-" '"' _,c". , -'-;t~; CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant, David R. Eckert, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, 'th. rEM~1vJ MICHAEL T. CKEEVER, ESQUIRE ," A " _,h~ .>. <<"- PLAYERS NATIONAL LoeA TOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: NC-0271 Attorney Finm: GOLDBECK, MCCAFFERTY & MCKEEVER Case Number: Subject: DAVID R & YVONNE S ECKERT AKA: DAVID RAY ECKERT Property Address: 101 SILVER SPRINGS MECHANICS BURG, PA 17050 Last Known Address: 1342 P.O. BOX MECHANICSBURG, PA 17050 Last Known Number: (717) 791-0312 Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 06/20/2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A SOCIAL SECURITY NUMBER: B. EMPLOYMENT SEARCH: Unable to locate a good employer for David and Yvonne. C. INQUIRY OF CREDITORS: The creditors Indicated that David and Yvonne are living at 101 Silver Springs Road, Mechanicsburg, Pa. 17050 with a home phone number of 717-791-0312. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The home phone number for David and Yvonne Eckert is 717-791-0312 registered at 101 Silver Springs Road, Mechanicsburg, Pa. 17050. Called the home number and spoke with Yvonne who confirmed she and David are both living at this address. INQUIRY OF NEIGHBORS - N/A INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of June 19, 2001 the National Change of Address (NCOA) has no change for David and Yvonne from 101 Silver Springs Road, Mechanicsburg, Pa. 17050. MOTOR VEHICLE REGISTRATION - A MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has David and Yvonne listed at 101 Silver Springs Road, Mechanicsburg, Pa. 17050. OTHER INQUIRIES - A. DEATH RECORDS: As of June 19, 2001 the Social Security Administration has no death records on file for David R . ~I < j-- ;d_< ""-." m . and Yvonne S Eckert and !>r a.k.a.'s under their social security numbers. B. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ): None Found C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office David and Yvonne listed at 101 Silver Springs Road, Mechanicsburg, Pa. 17050. OTHER SEARCHES - Social security numbers provided were verified. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: David 05/61 Unable to verify Yvonne's date of birth. ~ ----=<= - < AFFIANT Mich I K Gross ': NOTARY SEAL" Kristine M. Scott, Notary Public St. LOUIS County, State of Missouri My Commission Expires 9/2/2002 """"'" Players National Locator 113 Old State Road, Suite 104 Sf. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 ~ , "~ ' , '" ',:". "~"~' i,- ~ , -It.. JUL 09 2001 15:33 FR CUMBERLRND CO SHERIFF717 240 6397 TO 912156277734 SHERIFF'S RETURN - NOT FOUND P.02/02 CASE NO: 2001-03764 P .COMMONwSALTH OF PENWSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS ECKERT DAVID R ET AI, R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT ECKERT PAVID R but was unable co locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as Co the within named DEFENDANT , ECKERT DAVID R NOT LONGER LIVES AT ADDRESS STATED. POSSIBLY LIVING IN PERRY COUNTY, PER YVONNE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 6.20 5.00 10.00 .00 39.20 ~~-~~ R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY & MCKEEVER 07/02/2001 Sworn and subscribed to before me this day of A.D. Prothonotary 07/09/2001 MON 14:10 ** TOTRL PRGE.02 ** (TX/RX NO 68351 01 002 ~"~ ~~- ~ , .~ ~~ k , , ....-"" SHERIFF'S RETURN - REGULAR CASE NO: 2001-03764 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS ECKERT DAVID R ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ECKERT DAVID R the DEFENDANT , at 1410:00 HOURS, on the 1st day of Auqust 2001 at 101 SILVER SPRINGS RD MECHANICSBURG, PA 17055 by handing to POSTED PROPERTY AT ABOVE ADDRESS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: ~~~<~~ 18.00 6.50 6.00 10.00 .00 40.50 R. Thomas Kline 08/02/2001 GOLDBECK MCCAFFERTY & MCKEEVER Sworn and Subscribed to before By: !J;a~ #~ ~ Deputy Sherif~ me this ,,~ day of 1l'7'~ 02.6=1 A.D. C)*~ () 7;.,IJ;~--: ...~ othonotary -" , - "'- ....~~-!" "' GOLDBECK McCAFFERTY BY: Joseph A. Goldbeck, Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff & McKEEVER Jr. NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton, OH 45401-1820 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE DAVID R. ECKERT AND YVONNE S. ECKERT (Mortgagor(s) and Real Owner(s)) Term n C~ No.OI -31t..'j cio; I~ 101 Silver Springs Mechanicsburg, PA 17055 Defendant(s) CIVIL ACTION: MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must ~ake action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims se~ forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment ~ay be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. yOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUmberland county Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V ISO LE BAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE: 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFElIDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFlCARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DlNERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. loLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. 81 NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 loegal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 - .i.,~-" _, -, <, " ~" _' l" . . . '--,~, COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is NATIONAL CITY MORTGAGE CO., P.O. Box 1820, Dayton, OR 45401-1820. 2. The name(s) and address (es) of the Defendant(s) is/are DAVID R. ECKERT, 101 Silver Springs, Mechanicsburg, PA 17055 and YVONNE S. ECKERT, 101 Silver Springs, Mechanicsburg, PA 17055, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On May 5, 1986, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to LANDMARK SAVINGS ASSN, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 812, Page 555. By Assignment of Mortgage recorded July 26, 1996, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 526, Page 226. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2001, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 1/ 1/01 through 6/30/01 at 9.750% Per diem interest rate at $10.63 Attorney's Fee at 5% of Principal Balance Late Charges 2/ 1/01- 6/30/01 Monthly late charge amount at $26.20 Costs of suit and Title Search $ 39,785.15 1,913.40 1,989.26 131. 00 560.00 Escrow Balance Deficit Monthly Escrow amount $ $ 44,378.81 895.78 $ 45,274.59 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's --, , ~.- " ~- , -.-.....~--'''"'-ili:i Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $45,274.59, together with interest at the rate of $10.63, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GOLDBE ERTY & McKEEVER BY: J ph A. Goldbeck, Jr., Esq. Attor ey for Plaintiff ,-~ , .., ..~~ " ~ ',j VERIFICATION I, Anita Holbrook , as the representative of the Plaintiff corporation within named do hereby verify that I ac-, authorized to and do make this verification On behalf .of the Plainti.Ef corporation and the facts set forth in the foregoin::; Complaiilt are true and correct to the best of my knowledge, informacion and belief. I understand that false statements therei~ are made subject to the penalties of 18 Pa. C.S. 4$04 relating to unswOrn falsification to authorities. Date: ~ !J,'11o I , LaL'IL/~L Anita Holbrook Mortgage Officer .~ "" .' , ~, -'-,," .~ ""- . '" 1:';. BETWEEN DmNIS F. BARRICK and GlIIL B. IlA1lRICK, his wife, of Silver Spring TcMnship, Pennsylvania GrGlItor s, alld Dl\VID R. . EX::J<ERT and YVOONE S. ECKERT ,his wife, of East Pennsboro TcMnship, Pennsylvania Gralltees : WITNESSETH, that ill c01l3ideratiOll of FIFTY FCXJR THOUSAND DOLLI\RS AND 00/100------- ----------------------------------------------($54,000.OO)---------------~ol~r~ ill hand paid, the receipt whereof is hereby ackllowledged, the said gralltors do hereby grallt alld collvey to the said grail tee S , their heirs and assigns as tenants by the entireties. ALL THAT CElITAIN lot of ground kncrwn as Lot No. 5 in a certain ",Ian of lots called Greenall, laid out by Benjamin F. Hunt, Jr. and Reba H. Hunt, his wife, which plan is re=rded in the Recorder's Office in and for Cumberland County in Plan Book 5, Page 58, situate in the Ta-mship of Silver Spring, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as fOllCMs, to wit: BEX>INNING at a point on the street line of the west side of the Silver Spring Road at the intersection of the street line of the north side of Park Road, as shcMn in the aforesaid plan of lots; thence fifteen (15) feet along the tangent line of a curve having a radius of fifteen (15) feet and a length of curve of twenty-three and fifty-five one-hundredths (23:55) feet to a point; thence along the street line of Park Road, North 81 degrees 00 minutes West, one hundred eighty-five (185) feet to a point; thence along the line of Lot No. 13 in the aforesaid plan of lots, North 09 degrees 00 minutes East, one hundred (100) feet to a point; thence along the line of Lot No. 4 in the aforesaid plan of lots, South 81 degrees 00 minutes East, two hundred (200) feet to a point on the street line of the west side of the Silver Spring Road; thence along the said street line, South 09 degrees 00 minutes West, eighty-five (85) feet to a point; thence fifteen (15) feet along the tangent of a curve having a radius of fifteen (15) feet and a length of curve of twenty- three and fifty-five one-hundredths (23.55) feet to the place of mx;INNING. THE ABOVE DESCRIPl'ION is in ac=rdance with survey dated Septanber, 1960, drawn by Luther N. Arros, Jr., Registered Professional Engineer. BEING the same premises which Ralph A. Wakefield and Deborah A. Wakefield, his wife, by Deed dated Septanber 26, 1983, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book .:r ,Volume ~o ,Page 93{ , granted and conveyed unto OeMis F. Barrick and Gail B. Barrick, his wife, Grantors herein. UNDER AND SUBJEX:T to conditions and restrictions as set forth in the deed last recited above. ( ~. ......~_. ,.f." J V.> If, t . 5.h..1 Dhl. Cumbo Co., Po. ....-:"f"'(. au' Etl.,t. T,.".r~r T., ( ~ .)7....!. O.h .....i~-.:-;.!-';. ^.t' ....... ~tA..........f. ~1I"'b. Co. Oi,t. e.l. AQ" ~ S .. Iv", '>r"~1 r.w"thlp of ......,............. Cumbo Co.. Po. ~ Rut l.t.t. Ttln"" T.. ......... ~ (~ :>7" <.1 .)... ....,.,..."";'.... Amt. ........ 81~~~-. H.ve-. C'...<....", c.., c.. D"" c.Io Arlo --1s 606i< I.U31 'ACE 24'1' .'" .,.",-,., ~ ~ _':'" ":c"';.;;: "'<,,' < ", '_,' c_' \' \:;- oj,&. ,,> -"'1', , ' NationalCity@ .# Mortgage National City Mortgage Co. 3232 Newmark Drive. Miamisburg, Ohio 45342 Telephone (937) 910-1200 April 03, 2001 EXHIBIT A Mailing Address: P.O. Box 1820 Dayton, Ohio 45401-1820 David R Eckert Po Box 1342 Mechanicsburg PA 17055 Loan No. 854109-3 Current Servicer: National City Mortgage HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 101 Silver Springs Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 02/01/2001 - 04/01/2001 and the following amount(s) are now past due: Monthly Payments Late Charges Non-Sufficient Funds Other Fees Less Suspense Balance Total Due 1,572.33 33.40 .00 .00 .00- 1,605.73 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) : HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,605.73, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: National City Mortgage Attn: Collection Cashier 3232 Newmark Dr. Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS ot the date of this letter: (Do not use if not applicable) DR670 FTW PAGE 1 f' ,- ."'-,-j,,, _'oj "~;L-." xJ ' _ . _~ _ JUN, 1 L 2001 8: 1 DAM NATIONAL CITY NO. 6756 P. 6 CICS Screen Print LOAN NO 6541093 DATE 05/16/01 Prepared by: SZGMS LETTER VER REQ DESCRIPTION DATE 06/08/01 DR671 016 FrB PA BREACH COBORR MAILING April 03, 2001 Yvonne S Eckert Po Box 1342 Mechanicsburg FA 17055 Loan No. 654109-3 Current Servicer: National City Mortgage HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . PF: 1 SC F Page 1 of 1 CPIDireelorv2.2.0.40 06/08/2001 4: 16:42 PM 06/11/2001 MON 06:56 (TX/RX NO 56741 i4,006 . JUN. 11. 2001 8: 1 DAM NATIONAL CITY I. -." , ,IJ_ -i,--",.- c' ":1 NO. 6756 p, 7 CICS Screen Print LOAN NO 8541093 DATE 05/16/01 LETTER VER REQ DR671 016 FT8 Prepared by: SZGMS DESCRIPTION DATE 06/08/01 FA BREACH COBORR MAILING NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on NATURE OF THE DEFAULT your property located at: 101 Silver springs Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 02/01/2001 - 04/01/2001 and the following amount(s) are nOW past due: Monthly Payments Late Charges Non-Sufficient Funds Other Fees Less Suspense Balance Total Due 1,572.33 33.40 .00 .00 .00- 1,605.73 PF: 1 SC F 2 SC B Page 1 of 1 OPI Dir"C.\D~v2.2.0.40 06/06/20Q1 4:16:44 PM 06/11/2001 MON 06:56 {TX/RX NO 5674 I 141007 .' ;;- ~ -- ~-.-, -~- J'. ,'_ JJ'. .' 1;- JUN. 11. 2001 8: lOAM NATIONAL CITY NO, 6756 p, 8 CICS Screen Print LOAN NO 8541093 Prepared by: SZGMS DATE LETTER VER REQ DESCRIPTION DATE 06/08/01 05/16/01 DR671 016 FT8 PA BREACH COBORR MAILING YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) : HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL BY PAYING THE TOTAL $ 1,605.73, PLUS ANY MORTGAGE AMOUNT PAST DUE TO THE AMOUNT PAST DUE TO THE PAYMENTS AND LATE CHARGES LENDER, WHICH IS LENDER, WHICH BECOME DUE Payments must be DURING THE THIRTY (30) DAY PERIOD. made either by cash, cashier's check, certified check or money order made payable and sent to: National City Mortgage Attn; Collection Cashier 3232 Newmark Dr. PF: 1 SC F 2 SC B Page 1 of 1 CPIOinilc\orv2,2,0.40 06/0B/2001 4:16:46 PM 06/11/2001 MON 06:56 (TX/RX NO 567<] 41,OOS - ~ , "', .~ ^." ,. . JUN.!!. 200! 8:10AM NATIONAL CITY NO. 6756 P. 9 CICS Screen Print LOAN NO 8541093 Prepared by: SZGMS DATE LETTER VER REQ DESCRIPTION DATE 06/08/01 05/16/01 DR671 016 FT8 PA BREACH COBORR MAILING Miamisburg, OH 45342 You can cure any other default: by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable) . DRG71 FTW Page 1 PF: 2 SC B Page 1 of 1 CPI Oll'Ddcr v2.2.0.~O 06/08/2001 4:16:48 PM 06/11/2001 MON 06:56 (TX/RX ?'iO 56741 1it,00& ~'-. . - ,'-" """ ." -(:8"\, ~ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FRO'M FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to Foreclose. Specific information about the nature of the defauit is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUN- SELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are included with this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FI- NANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDlDA DEL DERECHO A REDlMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. , . ,~,' '" .' ~ ~----"Iii_'- , . > IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a tempo- rary stay of foreclosure on your mortgage for thirty (30) days from the date of this No- tice. During that time you must arrange and attend a "face-to-face" meeting with one of . the consumer credit counseling agencies listed at the end of this Notice. THIS MEET- 1NG MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORT- GAGE DEFAULT'. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the con- sumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specifiC information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. 3 - ","'-, "~ - "M''''-' l' ~,' -,"'. . ~W The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMA liON PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) IF YOU DO NOT CURE THE DEFAUL T(see paae 1) -If you do not cure the default within THIRTY (30) DAYS of the date ofthis Notice, the lender intends to exercise its rights to accelerate the mortaaae debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attomeys to start legal action to foreclose upon your mortaaae property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even iftheyexceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be reauired to pav attornev'sfees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riaht to cure the default and prevent the sale at any time UP to one hour before the Sheriffs Sale. You may do so bv pavina the total amount then oast due. plus any late or other charaes then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in ~ting by the lender and bv performinaanv other reauirements under the mortgaae. Cur- ing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approxi- mately FOUR(4) months from the date ofthis Notice. A notice ofthe actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. ~ ".. - Lo~ ,",'~ ''-' ",' < o. .-' "~f . .' HOW TO CONTACT THE LENDER: Name of Lender: National City Mortgage Address: 3232 Newmark Dr. Miamisburg OH 45342 Phone Number: 1-800-523-8654 . Fax Number: (937) 910-4057 Contact Person: COLLECTIONS DEPT. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor may not be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements ofthe mortgage are satisfied. For additional informa- tion please contact the Collection Dept. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY.FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BE- HALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE- FAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF DEFAULT IN ANY FORECLOSURE PRO- CEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCU- MENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. ..H~~il..j~mbiif,ildlJ\.~mm~'Il~~Ji<l~IJr~~i!iM,,~,,~~,''',:1IM''M'::i'',"'_"c_+,",nj_!"_"~,,,,,,>_,j''''"b",~?'3',ilfl!i;\i~lIml!lKiill!1~mlO~i'''Ii<lU!I;]_,",,~'''''''~-k~!lilllf~ . . (.) ~ iq Q (~:') () i c 'on lQ ~ S --..:.1 ~ ~~f'-::', ...- f(;) ~ "p' ;:1 ;TI ~--,.,-n 0 0 . v co .~~~~ . ....... '- 8- r~ '- ~ D ~: ~:~ ~'~1 _1t~ (,.J I I '-~F) ~ ~ );0 ~: .. (,srn r ~ ~~ ::::> ~ Xl .0 -< J IUlL._. II!! "_~ ~ ~ _~__", =__~ _ ~ _ .. __ M~~_ . -,~" -~ - ,. " olHO jj,.fi1lI'1f' GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation ATTORNEY FOR PLAINTIFF By: Lisa A. D' Angeli, Esquire Attorney J.D. #: 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 National City Mortgage Co. P.O. Box 1820 Dayton,OH 45401-1820 COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. NO. 01-3764 David R. Eckert and Yvonne S. Eckert (Mortgagors and Real Owners) 101 Silver Springs, PA 17055 Mechanicsburg, P A 17055 PLAINTIFF'S REPLY TO DEFENDANT YVONNE S. ECKERT'S NEW MATTER Plaintiff, by and through its undersigned counsel, hereby responds to Defendant's New Matter as follows: 9. Plaintiff incorporates by reference the averments of paragraphs I through 8 of its Complaint as if fully set forth herein. 10-11. Denied. The averments of paragraphs 10 and 11 are conclusions of law to which no response is necessary. . ..,-, WHEREFORE, Plaintiff respectfully request that this Honorable Court enter judgment in its favor and against Defendant Yvonne S. Eckert as prayed for Plaintiff's Complaint. Respectfully submitted, CUQ Lisa A. D~Uire Attorney for Plaintiff " .' ",., '".-- ",<!. VERIFICATION LISA A. D' ANGELI, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all ofthe facts set forth in the attached Plaintiff's Reply to Defendant's New Matter is true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. ~Ch.~ Lisa A. D' Angeli, Esquire Attorney for Plaintiff ~ . .",-,,," ...:'~,,~ r -~ _J._~, of ;. -'", " ," . '",""",'1._ . GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation ATTORNEY FOR PLAINTIFF By: Lisa A. D' Angeli, Esquire Attorney J.D. #: 78020 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 National City Mortgage Co. P.O. Box 1820 Dayton, OR 45401-1820 COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. NO. 01-3764 David R. Eckert and Yvonne S. Eckert (Mortgagors and Real Owners) 101 Silver Springs, PA 17055 Mechanicsburg, P A 17055 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent by first class mail, postage pre-paid, upon the following on the date listed below: Marcus A. McKnight, III, Esquire West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013-3222 GOLDBECK, McCAFFERTY & McKEEVER Date: q\,~ 0\ ~~I,_H~~~lildil'llill~m'IJ!>i"'IMi:irm;;j~I'ii&'\Il'';~~"";~';;'"Jk,,,W-'"U,'';1lc-''i'~:il,~,'''"#l4':l:J.,'k,,4!'.ti!-'Jlir8_,,.lj~.fi!IHl~'-~<lilM. -'-. ~~~,~,,~~,.;WI JL, 1 ^~~:::J!lJllllnUL. JlJ~~JL,_~, ,", "".'. __.,,,~"~. N, ~.'Y, "'_"""""~" ~,~",,~-~>,,~_'>'~~"^ ,~, "..." e." n ,... I..... S- 4:)q;'. t~~~~ if:::....- tD'?:,; ...(oi.:-, ('-'C.J ...0: ~O ~Cl :Pc. 3 --, --' ..- tI'> rl1 -" .- x.- . o -n -,-, -" -~. , -,~ --r\ -- :-,(::. -S\\8 .- , _.J() '<:1-,.-, ~ i._ -,'l; 'c)r; -~......,.<; t)\11 ::-\ ~ :.? - (J'\ " ,.,h , ~ <. -', ,',".,L-',../,; "" . "...~, Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE CO. P.O. Eox 1820 Dayton, OH 45401-1820 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. DAVID R. ECKERT AND YVONNE S. ECKERT (Mortgagor(s) and Record Owner (s) ) Term No. 01-3764 (Civil Term) 101 Silver Springs Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on ~IJ\O\ he did serve upon Defendant(s) DAVID R. ECKERT and YVONNE S. ECKERT a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated July 18, 2001. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. JO JR. ESQUIRE d~~~~ljibMj~il:'toWil<"-!Joi""'i1IIJo&lll;iOOWI!i""'fii,-t,oiI~ln""J'~li-;{&:r,~,i'"",,,,",.,i;1il'i_",,,Io!."~rl>1';falo;,~,,,,;i!1liiJiil!1t#JIiIlWDll'8llIlti1ll .M'_~h ."'--_..',,, ,", ,,= ."~=__~ ~"'.-_ ,"~""'."'~,_/ ~ ,~<_~.=. .u_, ,~" _ __~ ~__ .. ._. '0''''"'0"_,>:,,,....,_, '. "~ ,',', " ,~ ~ , ~_h IfIllUaHllllJlI_I____ .... (') 0 ~, C '...... :c~ -n )> -oer, ~ ~-, JTlr(i ,- "To Z-~ Y> f,= t5~' -c I :~':;8 -<d; en L~ :16 kC::: ;'>p -Cj J_~ :r~ zc5 3-:: ~-do )>c: w orn 27 "-/ -l :::> >- :0 -<, en -< ., ~, -~ " "~ -., e,. " .~ " GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton, OH 45401-1820 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE DAVID R. ECKERT AND YVONNE S. ECKERT (Mortgagor(s) and Record Owner (s)) 101 Silver Springs Mechanicsburg, PA 17055 Defendant(s) Term No. 01-3764 (Civil Term) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. BY: CKEEVER NC-0271 . ~_, '_ I.' ".1; . .. c. ",' :,1') 1 . , GOLDBECK McCAFFERTY & McKEEVER A ProCessional Corporation By: Lisa A. D'Angeli, Esqnire Attorney I.D. # 78020 Snite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF National City Mortgage Co. P.O. Box 1820 Dayton,OH 45401-1820 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. NO. 01-3764 David R. Eckert (Mortgagor and Record Owner) 101 Silver Springs Mechanicsburg, P A 17055 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Lisa A. D'Angeli, Esquire, hereby certifies that she did serve true and correct copies of Plaintiff's Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: Marcus A. McKnight, III, Esquire West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle,PA 170113-3222 Date: \2-\,7.'\ O~ . L~~ESQU= Attorney for Plaintiff " ~ ~"~'''"'''''i''~li:t:, SHERIFF'S RETURN - NOT FOUND . CASE NO: 2001-03764 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS ECKERT DAVID R ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT ECKERT DAVID R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , ECKERT DAVID R NOT LONGER LIVES AT ADDRESS STATED. POSSIBLY LIVING IN PERRY COUNTY, PER YVONNE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 6.20 5.00 10.00 .00 39.20 Z~-~~ R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY & MCKEEVER 07/02/2001 Sworn and subscribed to before me this .z 3-"4 day of YPj .26-0 I A.D. Q&,L.. 0 !n,pP'.J '~"'L7 Pro h notary , ,~~ . " ""l"t~ ~~. - - J:: , CASE NO: 2001-03764 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS ECKERT DAVID R ET AL DAWN J<ELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ECKERT YVONNE S was served upon the , 2001 DEFENDANT , at 1450:00 HOURS, on the 26th day of June at 101 SILVER SPRINGS RD ME CHAN I CSBURG , PA 17055 YVONNE S ECKERT by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this .:l3.u( day of ~. .:lev I _ A.D........ u 0 "& J~ Afl~ . othonotary I Y So Answers: r~~ R. Thomas Kline 07/02/2001 GOLDBECK MCCAFF~RTY DAuJ0 -KE LL- <-~, '" .'. ""' GOLDBECK McCAFFERTY BY: Joseph A. Goldbeck, Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff &: McKEEVER Jr. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COpy OF THE ORIGINAL FILED , NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton, OH 45401-1820 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE DAVID R. ECKERT AND YVONNE S. ECKERT (Mortgagor(s) and Real Owner(s)) Term No .01- 2~('Y' G(.)~L I~ 101 Silver Springs Mechanicsburg, PA 17055 Defendant(s) CIVIL ACTION: MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set fortP against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHoULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V ISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NeCESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAB DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: 81 USTED NO REPONDE A ESTA DEMANDA, 8E PUEDE PR08EGUIR CON EL PROCE80 SIN SU PARTICIPACION. ENTONCE8, LA COlJTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ElSTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "Ll:\WYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (aDO) 990-910a TRUE COpy FROM RECORD hi T 5IItimony willlfe(l.l, I oora uoto Nt my iIalllI ~:'4~~~ Legal Services Inc. a Irvine Row, Carlisle, PA 17013 (717) 243-9400 " ~" "' . I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is NATIONAL CITY MORTGAGE CO., P.O. Box 1820, Dayton, OH 45401-1820. 2. The name(s) and address(es) of the Defendant(s) is/are DAVID R. ECKERT, 101 Silver Springs, Mechanicsburg, PA 17055 and YVONNE S. ECKERT, 101 Silver Springs, Mechanicsburg, PA 17055, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On May 5, 1986, mortgagor(s) made, executed and deli vered a mortgage upon the premises hereinafter described to LANDMARK SAVINGS ASSN, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 812, Page 555. By Assignment of Mortgage recorded July 26, 1996, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 526, Page 226. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2001, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 1/ 1/01 through 6/30/01 at 9.750% Per diem interest rate at $10.63 Attorney's Fee at 5% of Principal Balance Late Charges 2/ 1/01- 6/30/01 Monthly late charge amount at $26.20 Costs of suit and Title Search Escrow Balance Deficit Monthly Escrow amount $ $ 39,785.15 1,913.40 1,989.26 131. 00 560.00 $ 44,378.81 895.78 $ 45,274.59 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's ~- - - ~ ~ ;'" . Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the t:rue and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $45,274.59, together with interest at the rate of $10.63, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GOLDBE ERTY & McKEEVER BY: J ph A. Goldbeck, Jr., Esq. Attor ey for Plaintiff " .^-"...c-< <'"'-< 'llO; . VERIFICATION I, Anita Holbrook as the representative of the Plaintiff corporation within named do hereby verify that I aC1 authorized to and do make this verification on behalf .of the plaintiff corporation and the facts set forth in the foregoinq Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. c.s. 4fio4 relating to unsworn falsification to authorities. Date: k !t.'5/n I , ~l./L//L Anita Holbrook Mortgage Officer ~ ,,,',,./. . ">,-",-,,,.,'"t,'t OIJI.I. ,,~~'" UJ!.N.N.1~ ,r'. tv\tUUU\ ana bfU.,L, ts. tsIUUtlU\, ms wu:e, ot: ti1.1Ver tipr.1ll9 Township, Pennsylvania . Grantor s, and DAVID R. . ED<ERT and YVC:N>lE S ED<ERT, his wife, of East Pennsboro Township, Permsylvania Grantees .. . WITNESSETH, toot in conaiderati"" of FIFl'Y FOOR THOUSAND l'lOLLARS AND 00/100------- ----------------------------------------------($54,000.00)---------------4)oILar~ in Mild paid, the receipt whereof is herebJI IUknowledged, the said grantors do hereby grant and oon"ey to the said grontee s, their heirs and assigns as tenants by the entireties. ALL THAT CERTAIN lot of ground kncMn as Lot No. 5 in a certain J!>lan of lots called Greenoll, laid out by Benjamin F. Hunt, Jr. and Reba H. Hunt, his wife, which plan is recorded in the Recorder's Office in and for cumberland COunty in Plan Book 5, Page 58, situate in the Township of Silver Spring, COunty of cumberland, and State of Pennsylvania, more particularly bounded and described as fo11000/s, to wit: BEX;INNIl-Ki at a point on the street line of the west side of the Silver Spring Road a t the intersection of the street line of the north side of Park Road, as shcMn in the aforesaid. plan of lots; thence fifteen (15) feet along the tangent line of a curve having a radius of fifteen (15) feet and a length of curve of twenty-three and fifty-five one-hundredths (23.55) feet to a point; thence along the street line of Park Road, North 81 degrees 00 minutes West, one hundred eighty-five (185) feet to a point; thence along the line of Lot No. 13 in the aforesaid plan of lots, North 09 degrees 00 minutes East, one hundred (100) feet to a point; thence along the line of Lot No. 4 in the aforesaid plan of lots, South 81 degrees 00 minutes East, two hundred (200) feet to a point on the street line of the west side of the Silver Spring Road; thence along the said street line, South 09 degrees 00 minutes West, eighty-five (85) feet to a point; thence fifteen (15) feet along the tangent of a curve having a radius of fifteen (15) feet and a length of curve o'f twenty- three and fifty-five one-hundredths (23.55) feet to the place of BEX;INNING. THE ABOVE DESCRIPl'ION is in accordance with survey dated September, 1960, drawn by Luther N. limos, Jr., Registered Professional Engineer. BEIl-Ki the same pranises which Ralph A. Wakefield and Deborah A. Wakefield, his wife, by Deed dated September 26, 1983, and'reoorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book ::r ,Volume !!I 0 ,Page 93( , granted and oonveyed unto Dennis F. Barrick and Gail B. Barrick, his wife, Grantors herein. UNDER AND SllBJEl:T to oonditions and restrictions as set forth in the deed last recited above. C...,,,.!.>-...(..,J 1/.>11,'1 . $thoo' 0111. Cumbo Co., P.. ..---;1""% kllll EII.,I. ".",r,U 1., t I.:-' d.7' .u~ 041. '-:..-'J..!k:. Ait. ....... 1CV\r-""'.......... J.: "':Il",\t. Co, Oilt. C.I. AQ" ~ .s : Iv", ~r.'"1 r.W"IMp of .................... Cumbo Co., PI. ......,. Rut Eit.t. T'.II.f., T.. ......... ~... .~...>.-;.r~ A",.. ~::~..t;: .AI~,:,~ tt .//(;0- C-.</ c.o.~ c.. D"" Col. All- ~ 6OQj('.031 PACE 24'1' ,-," '^ '" ,,' '. -~" ....;" , ,NatienalCity.. .~ Mortgage National City Mortgage Co. 3232 Newmark Drive. Miamisburg, Ohio 45342 Telephone (937) 910-1200 April 03, 2001 EXHIBIT A Mailing Address: P.O. Box 1820 Deyton, Ohio 45401-1820 David R Eckert Po Box 1342 Mechanicsburg PA 17055 Loan No. 854109-3 Current Servicer: National City Mortgage HOW TO CORE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 101 Silver Springs Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 02/01/2001 - 04/01/2001 and the following amount(s) are now past due: Monthly Payments Late Charges Non-Sufficient Funds Other Fees Less Suspense Balance Total Due 1,572_33 33_40 .00 _00 _00- 1,605_73 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) : HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,605.73, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD_ Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: National City Mortgage Attn: Collection Cashier 3232 Newmark Dr. Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable) DR670 FTW PAGE 1 ,', -'-<' ',~ ,- - " ~I"' JUN.l!. 2001 8:10AM NATIONAL CITY NO. 6756 P. 6 ,. CICS Screen Print LOAN NO 8541093 DATE 05/16/01 Prepared by: SZGMS LETTER VER REQ DESCRIPTION DATE 06/08/01 DR671 016 FTS PA BREACH COBORR MAILING April 03, 2001 Yvonne S Eckert Po Box 1342 Mechanicsburg PA 17055 Loan No. 854109-3 Current Servicer: National City Mortgage HOW TO CORE YOUR MORTGAGE DEFAULT (Bring it up to date) . HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . PF: 1 SC F Page 1 of 1 CPI Difl'lelorv:2.2.0.40 06/08/2001 4: 16:42 PM ~A/i1/?nni MnN nR'~R (TY IRY NO F;R7 J.) l<fl nOR ,. " , ,"~ ;. b" '~" , '-'-'-'t JUN. I!. 2001 8: lOAM NATIONAL CITY NO, 6756 P. 7 . CICS Screen Print LOAN NO 8541093 DATE 05/16/01 LETTER VER REQ DR671 016 FTB Prepared by: SZGMS DESCRIPTION DATE 06/08/01 PA BREACH COBORR MAILING NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on NATURE OF THE DEFAULT your property located at: 101 Silver Springs Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 02/01/2001 - 04/01/2001 and the following amount(s) are now past due: Monthly Payments Late Charges Non-Sufficient Funds Other Fees Less Suspense Balance Total Due 1,572.33 33.40 .00 .00 .00- 1,605.73 PF: 1 SC F 2 SC B Page 1 of 1 Of'l Dirtl't:llDl'v2.2.0AO 06/08/20014:16:44 PM 06/11/2001 MON 06:56 {'l'X/RX NO 5674 J ldl007 , . "' ~", p ," ". ~ ';;'" '"' JUN. 11. 2001 8: lOAM NATIONAL CITY NO. 6756 P. 8 CIGS Screen Print LOAN NO 8541093 DATE 05/16/01 Prepared by: SZGMS LETTER VER REQ DESCRIPTION DATE 06/0B/01 DR671 016 FTB PA BREACH COBORR MAILING YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL BY PAYING THE TOTAL $ 1,605.73, PLUS ANY MORTGAGE AMOUNT PAST DUE TO THE AMOUNT PAST DUE TO THE PAYMENTS AND LATE CHARGES LENDER, WHICH IS LENDER, WHICH BECOME DUE Payments must be DURING THE THIRTY (30) DAY PERIOD. made either by cash, cashier's check, certified check or money order made payable and sent to: National City Mortgage Attn; Collection Cashier 3232 Newmark Dr. PF: 1 SC F 2 SC B Page 1 of 1 CPIOirgl;\orv2.?,.1l40 06/08/2001 4: 16:46 PM 06/11/2001 MON 06:56 (TX/RX NO 5674 1 WI008 , -" ' 'lffi JUN. 11. 2001 8: lOAM NATIONAL CITY NO. 6756 P. 9 CICS Screen Print LOAN NO 8541093 Prepared by: SZGMS DATE LETTER VER REQ DESCRIPTION DATE 06/08/01 05/16/01 DR671 016 FTB PA BREACH COBORR MAILING Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable) . DR671 FTW Page 1 PF: 2 SC B Page 1 of 1 CPI OlfllC!lar ...;t.~.O.<lO 06/08/20014:16:48 PM 06/11/2001 MON 06:56 {TXlRX NO 56741 tff.1009 '" . .-= '--'If; . ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROcM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to Foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUN- SELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are included with this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIEN DO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FI- NANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE .AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. , " , .." ~" "",-.- ",-" ,-'. t ~ , . IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'SEMfRGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a tempo- rary stay of foreclosure on your mortgage for thirty (30) days from the date of this No- tice. During that time you must arrange and attend a "face-to-face" meeting with one of . the consumer credit counseling agencies listed at the end of this Notice. THIS MEET- 1NG MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORT- GAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the con- sumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. 3 [-"' ] [ .' The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) IF YOU DO NOT CURE THE DEFAUL Tfsee page 1) If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riahts to accelerate the mortaaae debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortaaae property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even ifthey exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be reauired to pav attorney's fees. OTHER LENDER REMEDIES - The lender rnay also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yOU still have the riaht to cure the default and prevent the sale at any time UP to one hour before the Sheriffs Sale. You may do so bv pavina the total amount then past due. plus anv late or other charaes then due. reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writin~ bv the lender and bv performina anv other reauirements under the mortaage. Cur- ing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -It is estimated that the earliest date that such a Sheriffs Sale ofthe mortgaged property could beheld would be approxi- mately FOUR(4) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. w__ ." j" . - ~ -,,' ~ "'~.,, '~'- '(~~ - L .. HOW TO CONTACT THE LENDER: Name of Lender: National City Mortgage Address: 3232 Newmark Or. Miamisburg OH 45342 Phone Number: 1-800-523-8654 . Fax Number: (937) 910-4057 Contact Person: COLLECTIONS DEPT. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor may not be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. For additional informa- tion please contact the Collection Dept. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BE- HALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE- FAULT HAD OCCURRED, IFYOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF DEFAULT IN ANY FORECLOSURE PRO- CEEDING OR ANY OTHER lAWSUIT INSTITUTED UNDER THE MORTGAGE DOCU- MENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY lAW. - - ~ ~? ~ \@P .-. ""'-_.^' ~= -" =~_~p"',.~__~ __>,<,"""'"_"~"_V0~ ~'_~~ =-.,'.- - - ~ >~ Ot"Flr:~~ nf-- "['\Jj.:. '':;'II;:H!FF 1'\"'" - '<''I.... f~' 'l-'~' t< L: '.! ',' ",':~ I ....".'. ,.", , JUM \9 '. I '. ~ l( . '" \ L !') ~~ 'I: l,-_i-II' , / \ ~ " ., ~ rul' e.::;.. .~~ '~' ~ (~ ~ m;_~~~~~'Y:-"'~;~"*!~"""""'!',_"'t1?C5fi't11""'"'-"'i':",,,,-,.;tf!'I~~l'!'Ii'l!iWlli~~~I~~~~ ,. " . , -" "-;~ ~,-- .'t .' .. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY National city Mortgage Co. P.O. Box 1820 Dayton, OH 45401-1820 Plaintiff Vs. DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Record owners) 101 Silver Springs Mechanicsburg, PA 17055 Defendants No. 01-3764-Civil Term PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against DAVID R. ECKERT and YVONNE S. ECKERT, Defendants pursuant to Order of Court dated February 15. 2002(see copy attached) and for foreclosure and sale of the mortgaged premises, please assess Plaintiff's damages as follows: AS set forth in Complaint Interest - 7/1/01 - 2/15/02 Late Charges TOTAL $45,274.59 $ 2,444.90 $ 209.60 $47,929.09 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: fYl?nc~ {.), d.-06;J., , '\ AND NOW , ,>. ",;,,,'., '-,- , ,i';', .:- ~ GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (21 C;l 627-] 122 ATTORNEY FOR PLAINTIFF National City Mortgage Co. P.O. Box 1820 Dayton, OH 45401-1820 Vs. David R. Eckert 101 Silver springs Mechanicsburg, PA 17055 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO 01-3764 (Civil Term) Yvonne S. Eckert c/O Marcus A. McKnight, III, Esq. West Pomfret Professional Bldg. 60 West Promfret Street Carlisle, PA 17013-3222 o ~~ o , ") -...{ PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES u,.. ~~:L..- {:i ~'! c r~~ ',_ ' :"', --r. TO THE PROTHONOTARY: <--:. ~~: ?~ Kindly enter judgment in favor of the Plaintiff and agiins~" ~I David R. Eckert only, Defendant for failure to file an Answer tdJ1 ~, Plaintiff's Complaint within 20 days (or 60 days if defendant is the United States of America) from the date of service of the complaint and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: ****Damages to be assessed at a later date**** I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Idbeck, Jr. r Plaintiff DAMAGES ARE HEREBY ASSESSED AS IO-j'-ol DATE: INDI~~ K t .' PRO PROTHY ~ ~ I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is P.O. Box 1820, Dayton, OH 45401-1820 and that the name and last known address of the Defendant is: David R. Eckert, 101 Silver Springs, Mechanicsburg, PA 17055. . NATIONAL CITY MORTGAGE CO. P.O. Box 1820 Dayton,OH 45401-1820 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3764 CIVIL TERM V. DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Real Owners) : 101 Silver Springs Mechanicsburg, PA 17055 IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Before HOFFER. P.J. and OLER. J. ORDER OF COURT AND NOW, February 15, 2002, upon consideration of Plaintiff's Motion for Summary Judgment, it is ORDERED: That Summary Judgment is hereby granted in favor of Plaintiff for the dollar amount due as of the filing of the Complaint ($45,274.59) plus interest at the rate set forth in the note, fees and costs and other charges in accordance with the terms of the mortgage and note and the demand of the ~omplaint. By the Court, Lisa D'Angeli, Esquire Suite 500, The Bourse Building 111 South Independence Mall East Philadelphia, PA 19106 For the Plaintiff rf~~, .."" in (;.;- .... .~. - -, :' ; ,";,.-;y h.~tj ;) '.'- ~ '" _ ,"" , ';" ;); -:: .', I~'" (M' -;'-"12 , fj. ,\!1~ dc",;L ~.~,,~ Pwttl!lr1utilrf .' ~-. ., - . ~ ""'I . ~ VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, DAVID R. ECKERT, is about unknown years of age, that Defendant's last known residence is 101 Silver Springs Mechanicsburg, PA 17055 and is engaged in the unknown business located at unknown address. 2. That the above named Defendant, YVONNE S. ECKERT, is about unknown years of age, that Defendant's last known residence is C/O Marcus A. McKnight III, Esq., 60 W. Pomfret Street, Carlisle, PA 17013-3222 and is engaged in the unknown business located at unknown address. 3. That Defendant is not in the Military or Naval Service of the united States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: March 12, 2002 ~i!liitJi$~H~li1>b.I,~;_"";""hl!l!I-JASt~~~M"'1:,b-"'''>:cl>J\~<~,-,""".''''1L4.'''!li1t,~j~~lM~ ff ----- t r j ~ '" ~-1 ~~a:____ ~ (?.IQ. !~ ~ " 8 ~ ~ F! t). ........ ~ ~ U) () ,C" ,~ (2 <;" "': --0 rr .-nf",' ..;:;.; ~} ~ L.'", u~ ,J~' -<;..,.--- r::;'CJ >,--. ~7 ~) ~:f~ '" :2 co 1'-' ~'t \1 ~ ,I '1 [,j I', ::i II i'i " :1 ,., G-:, -, ~ r"'" ',' "~-~:}!, ~.{ f~~ u -; 'l'-::o 2t .'"1" :.;',;. ~-, -:: '.., Cf\ ~. ~~ ,,^,,,.-- ,,.,-,~ "",--y.,,-~-~,"-,=~ .~,. _,I,_~ - ~ " ", n 'f. ,~ule of Civil Procedure No. 236 - Revised OF IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW National City Mortgage Co. P.O. Box 1820 Dayton, OH 45401-1820 . Plaintiff Vs. No. 01-3764-Civil Term DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Record OWners) 101 Silver Springs Mechanicsburg, PA 17055 Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary B;<.; do-,.. p P ~/UY.,~ Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 . ~ ~-~< - ~- ,. t .,. . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 National City Mortgage Co. Plaintiff COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Vs. NO: 01-3764-Civil Ter.m DAVID R. ECKERT YVONNE S. ECKERT Defendants PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/15/02 to sale date at $7.88 per diem Total $47,929.09 plus Costs eck, Jr. 500-T Bourse Bldg. 111 . Independence Mall East Philadelphia, PA 19106 Attorney for Plaintiff Note: Please attach description of property. ; _,."j m,i,,.,'tJ,a~~~I~i!,i!€~M '-~~-'"'*~"_4BiMiijlililifOjl!!!ll<W.""<OIfI_1Il "~~ tl!\lJll~ .... ., . 0' l1l 1>1 - 1-1 1-1 1-1 ", N Ltl .... N c> .s:: N " t- tll....<'l ~I .... .s: ~ r~ 'M Q) , 0<1: 01-1 l1l C Q) <'l '0 ~~ . 1-1 tllICC ~ I-<.-l 0 BQI C p, u....o OJ c' U 'M :E:tIll' ~ c. I-< - .-l c' ~l>< Q) 1>1 I-< PI t~ ..... OJ '" l1.tIl tll E-oE-o >< ::l tIl l~ .s: Q).s: Ul " :z;~ III 1>:1>: 1>1 l1l ::l I-< l1. OJ Ei 01>1 tll I!I!II>I 0 1-<.0 l1l1l-l ..0 .... ~~ ....rl Q) IQ ::l a - QI ~l1. I-< UU o u > l) U 0 QI :>-. 0 I!I!II>I Q) rl 'M 1-<l1..-l E-' o - :E: E-o I-< -" 1:1 III fI.l m Ul>< . 1-1 0 tIl III :E: "M S ~I ....~ :>. l1l . tIl ~.... ~= 0~1:: 'rl l> I>: Ul ~. .... .-l l) " 00 'M si Q) o Q) """0 III ..1 U I>: tll .-l:E: UIOU QJ to, E-oU o III P. I ~~ .-l ~o .... tll m ",,' III ~~ .... Ul P. \0 C 1>1 I-< Ul 1" ~i! QJ "" 0 QJ " I 1>11>: 'M U" .. " QJ ...1 IIlI>I .... 1>1 '0 ~ ..c: c. ~~ ~ i:! QJ s:: M . l1. ",4 0 I-IU Ii, :<: ;,,.") r- .'?'" ~:~ ]~ '--l:~~ :J,JUJ CD 0_ .;;..:.: ::> u tr, ~ :dj,;;:~: n:. I I <>QOCIO\.)()J o. '" 0 0} L., Q 0 L? ~~~~~&O:r) :::. ~'J o 0 o L, .....:. , ~~ ~ ?- ("( ~ ~t :) ~ ~ ...... ".,.' , . I',. ~-;. (:"'..J ,:::;: I o <:- -.J- {' - ':t- - ,h",hOO,-%:~Ji.;Hh"'~ii,i-,,~,.,j<ig;.hliJ<ii~~ill!iSlll.<;1OI1I1(il'ltillijjjjl"lil~~~k.i\i..~"'*J;;'.Jt.i'!kJthc"'-s,":'lk,i'_,<h' f'd-,lt'i~.iHbli'lilt""'" ~ "~l..- '~~!II;!!' r i!&li;~ ~" "~W'lIIUii"';-- ~- All that certain lot or ground known as Lot No.5 in a certain plan of lots called Greenoll, laid out by Benjamin F. Hunt, Jr. and Reba H. Hunt, his wife, which plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 5, Page 58, situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the street line of the west side of the Silver Spring Road at the intersection of the street line of the north side of Park Road, as shown in the aforesaid plan of lots; thence fifteen (IS) feet along the tangent line of a curve having a radius of fifteen (IS) feet and a length of curve to twenty-three and fifty-five one-hundredths (23.55) feet to a point; thence along the street line of Park Road, North 81 degrees 00 minutes West, one hundred eighty-five (185) feet to a point; thence along the line of Lot No. 13 in the aforesaid plan oflots, North 09 degrees 00 minutes East, one hundred (100) feet to a point; thence along the line of Lot No.4 in the aforesaid plan oflots, South 81 degrees 00 minutes East, two hundred (200) feet to a point on the street line of the west side of the Silver Spring Road; thence along the said street line, South 09 degrees 00 minutes West, eighty-five (85) feet to a point; thence fifteen (15) feet along the tangent of a curve having a radius of fifteen (15) feet and a length of curve of twenty-three and fifty- five one-hundredths (23.55) feet to the place of beginning. Tax Parcel #38-21-0287-010 Being known as 101 Silver Springs, Mechanicsburg, PA 17055 ~'"".._. =-,~,~ ~." -~,~~"~~ '," "-.~ -- ~~, .... . ~ ~ " .' ~ ;~; ~,,-. '^~-- ,;, GOLDBECK McCAFFERTY & McKEEVER B~: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff National City Mortgage Co. P.O. BOx 1820 Dayton, OH 45401-1820 Plaintiff IN THE COURT OF COMMON PLEAS Vs. of Cumberland County CIVIL ACTION - LAW DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Record Owners) 101 Silver Springs Mechanicsburg, PA 17055 Defendants ACTION OF MORTGAGE FORECLOSURE Term No. 01-3764-Civil Term AFFIDAVIT PURSUANT TO RULE 3129 National City Mortgage Co., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck,Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 101 Silver Springs, Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): DAVID R. ECKERT 101 Silver Springs, Mechanicsburg, PA 17055 YVONNE S. ECKERT C/O Marcus A. McKnight III, Esq. 60 W. Pomfret Street, Carlisle, PA 17013-3222 2. Name and address of Defendant(s) in the judgment: DAVID R. ECKERT 101 Silver Springs, Mechanicsburg, PA 17055 YVONNE S. ECKERT C/O Marcus A. McKnight III, Esq. 60 W. Pomfret Street, Carlisle, PA 17013-3222 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 ",I ~ ,"!. _..N_ ~"'""_ ~_,~. __"o_~",~~ ~ 4: Name and address of the last recorded holder of every mortgage of record: PENNSYLVANIA HOUSING FINANCE AGENCY 2101 N. Front Street Harrisburg, FA 17110 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Fa. C.S. Section 4904 relating to unsworn falsification to authorities. GOLDBE BY: Jo Attorn DATED: March 12, 2002 ~ij:ili$~'-l<.Jk1l<II~1i'\iillil>iiliiiw~;i(~~",~r~",~ilJW;Pi<~~i"'~'~'''>'f",.vh~<'liW~~~.i!:lif 'lli '.~." ~ "11' .,~ -"'I."tll~--"""~"'~r,wW8ll (') U~~ rnrl:: -;7 [1 ~r~- <)) "". -<::., <:(} .> - ZC' -_ (-~l :PC:: ;~; -' " -" ".'. ."_'~~~~'~ '""'"~'o,~" ~~- ., ~ c, r,) -- - '~;;.." ~;t) C...: :r:, D :...> .-J .:::' :;-:; -< ~,: " ~ " , " ' '''~ -co "c _. . . "'1',;- Jospeh A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff National City Mortgage Co. P.O. Box 1820 Dayton, OH 45401-1820 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County Vs. CIVIL ACTION - LAW DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Record Owners) 101 Silver Springs Mechanicsburg, PA 17055 Defendants ACTION OF MORTGAGE FORECLOSURE TERM NO. 01-3764-Civil Term CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. '~i'I~~~;:",""jl~~.\I.l_liiJj;~liti_~,W;!&ft:;iii\",e,~,,"h!""t.,;,w..'.'Mj;l!1;;i>f'"~"FIIUii:RAl t "._,~- ,"" -<" --~ ~- _~"A' .',"_ nh,~ ~_l!IIIiiiiIifll ~ ~'JiilIiilI,.~~ C 1.:=1- c: r-..:> ?,; :';:e vCT' " " tTlf" "c;" Z:~:: "'':.- C (j) C,.;: -< c; \.._- )> ~; :-.=": Z ....;... ;; ~~ 23 (..~ :,,) :t::-: --, ::q ~~ .-J -" .11I- ! .- J ~~ -,," ,. 'l'-_~ _~ -t<,<_' '- -.., ''!; GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suire 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, P A 19106 215-627-1322 Attomey for Plaintiff National City Mortgage Co. P.O. Box 1820 IN THE COURT OF COMMON PLEAS Dayton, OH 45401-1820 Plaintiff of Cumberland County Vs. CIVIL ACTION - LAW DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Record Owners) 10 I Silver Springs Mechanicsburg, P A 17055 Defendants ACTION OF MORTGAGE FORECLOSURE Term No. 01-3764-Civil Term THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. TillS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ECKERT, DAVID R. DAVID R. ECKERT 10 I Silver Springs Mechanicsburg, P A 17055 Your house at 101 Silver Springs, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff's Sale on Wednesday, June 05, 2002, at 10;00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $47,929.09 obtained by National City Mortgage Co. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to National City Mortgage Co., the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call; 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. # . , ,- ''''-''''-',," ~ ' "^'''.' ~'O "J~; ". ...... You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date ofthe Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act inunediately after the sale. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 ~i!ll'.lIilliio!!W~.Hl<ia:.i~~'~,;l,MI~~r.i'KW>Jl!'~~'.l.@IM;.S'f.-''',(;''V,;j,''','''''''m''l",l':H",IlItiil;;jOO,!l!Iil~' . iJ~"_~ ~--"'I!iI~Iliiif&.w~ .~" -, ~'!lllIlj1ij , ,.. ~ - .. -. \, (') r..::'l e- N <" .::t: ;:Rg :?:;" ~~;,' :;:':) LOr;:; en",':' C.:' --< ""c._ r-r .,-- '-- "';"", j';::r--, Z\....~ -.- >0 23 ~- -, ..>~ \;2 '- :0 :j -..j :J.,; , -< - ril "r ,<' H~'" 'OJ , 'f GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. IIIS.Independence~mIEMt Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff National City ~ortgage Co. P.O. Box 1820 IN TIlE COURT OF CO~~ON PLEAS Dayton, OR 45401-1820 Plaintiff of Cumberland County Vs. CIVIL ACTION - LAW DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Record Owners) 101 Silver Springs ~echanicsburg, P A 17055 Defendants ACTION OF ~ORTGAGE FORECLOSURE Tenn No. 01-3764-Civil Tenn TIDS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTE~PTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FRO~ YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ECKERT, YVONNE s. YVONNE S. ECKERT C/O ~arcus A. ~cKnight III, Esq. 60 W. Pomfret Street Carlisle, PA 17013-3222 Your house at 101 Silver Springs, ~echauicsburg, PA 17055 is scheduled to be sold at Sheriffs Sme on Wednesday, June 05, 2002, at 10:00 A~, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $47,929.09 obtained by Nationm City ~ortgage Co. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIDS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I. The sale will be cancelled if you pay to National City ~ortgage Co., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay cml: 215-627-1322 2. You may be able to stop the sale by filing a petition Mking the Court to strike or open judgment, if the judgment was improperly entered. You may mso ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. f ,.' ...,.J,~ ,-_ , "-',J.l[ You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. l. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call the Sheriff of7l7-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (JO) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 GoLDBECK McCAF.FERTY '& McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff National City Mortgage Co. P.O. Box 1820 Dayton, OH 45401-1820 Plaintiff -~ :\ . < ~ w_ .~ ;'t IN THE COURT OF COMMON PLEAS of Cumberland County Vs. CIVIL ACTION - LAW DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Record Owners 101 Silver Springs Mechanicsburg, PA 17055 Defendants ACTION OF MORTGAGE FORECLOSURE NO. 01-3764-Civil Term CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service ~ the Sheriff's Office/~s~~_L~u~ ~d_lt (copy of return attached) .Ylf"l\I~ E.c.lett-T. Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriff's Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sherif~s sale... bj::. Attorney for Defendant (s) (proof of acknowledgment attached) .1 'IQf{Nf- fC.cJ:: ~ ~T ( ) Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. I~VICE WAS ACCOMPLISHED BY CO ( ~) Premises was posted by he iff's Offic "cc""'''''U)1!- JODIE:.:sn-.n+ o~1"' 7/1 floLDA-VIO ( ) Certified Mail &'ordinary mail by Sheriff's Office (copy of attached) . Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). '() ( (. (~) (, . Ec.~~e;r return Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached) . The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respec Jr. -_.............~--'---""-----......~'C":- .m[111111 ?1r.o 3'lD]' 'mqq 71o?1 '12],'1 DYes ECKERT. YVONNE S. YVONNE S. ECKERT CIO Marcus A. McKnight III, Esq. 60 Pomfret Street Carlisle, PA 17013-3222 ('"....hA~I~...-l Domestic Return R~..cejpt -,._,~-,-~~-,,-~.' 7160 3901 9644 7611 9219 TO:. ECKERT, YVONNE S. .' YVONNE S. ECKERT C/O Marcus A. McKnight Ill, Esq. 60 Pomfret Street Carlisle, P A 17013-3222 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER March 12, 2002 REFERENCE: ECKERT, DAVID R./ NC-0271 06/05/02 - Cumbedand P$ Form 3800 June 2000 RETURN postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees ri' ~A US Postal Service POST~"~U"'~,:?_ 11::1 )"') ,,":.\ -J: \.\~~1 ;~ ./., \,0/ .......,-">.,-....----------- Y .""..~\." j(, r \.:;.."" "'-~- Receipt for eertified Mail No Insurance Coverage. Provide~ Do Not Use for InternatIonal Mall ....__...-".u... -................"'.--...... ......_.,'*,._.."'..~.-"-"..~..",.~".-==....,....--"*~....~..~.~.. 1<1-.- _ - ,", ----'-="'-------"-- ---~~- -~~ 7160 3901 9644 7671 9226 TO: ECKERT, DAVID R. DAVID R. ECKERT 101 Silver Springs Mechanicsburg, PA 17055 GOLDBECK MCCAFFERTY & MCKEEVER March 12, 2002 REFERENCE: ECKERT, DAVID R./ NC-0271 06/05/02 - Cumbedand SENDER: PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service POST .' K~]~-~~ <'F''' .-\.~\ ~"1. . I )~"V c,j .!l, :r: 0\ <Zb;. :;; ~~/~O/ .~ J(.n.y ...._d Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail nnU."O"'. n.u=n."~_n..U .*nn..--"'"=,_.,__._..,.__.....".",_-=-.=.~-"..=~--"--_-=-~.._.-"-- .",..........._n _W.. ""~ . , .. - " .l' . V fiol ~ ~ -'" ~ ~ ~ IJl r ,ii' '" .... W N ~ 0 to 00 '" 0> en .... w N ~ S- ~~;: ." ~- . 0 uZ IJl "'3 3 ~c . "'. ~3 ::t~faI w g{ "'." 01 !;"Q, .... ~!l. V g .:-' '.. ~li ?; ii' ~ fi ~",(f)6 '" . ~ I~~m <0 <0 <0 !Jl"~ . . ;o;} . 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Eckert and Yvonne S. Eckert In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3764 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 18,2002 at 4:20 o'clock pm, EST, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled actio~ upon the within named defendant, to wit: Yvonne S. Eckert, by making known unto Yvonne Eckert personally, at 101 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 18,2002 at 4:20 o'clock pm, EST, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: David R. Eckert, by posting the premises located at 101 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania, pursuant to a court order. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2002 at 9:57 o'clock A.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David R. Eckert and Yvonne S. Eckert located at 101 Silver Spring Road, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Yvonne S. Eckert, by regular mail to her last known address of 101 Silver Spring Road, Mechanicsburg, P A 17055. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: David R. Eckert, by regular mail to his last known address of 101 Silver Spring Road, Mechanicsburg, PA 17055. This letter was mailed under the date of April 04, 2002 and returned to the Sheriffs Office on April 19, 2002 as "unclaimed." Sworn and subscribed to before me ?~~<~ This _ day of R. Thomas Kline, Sheriff BY" Joc&~ Real Estate eputy 2002, A.D. Prothonotary l_,. 0 ,-. . . 'GOLDBECK MCCAFFERTY'&'McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff National City Mortgage Co. P.O. Box 1820 Dayton, OH 45401-1820 Plaintiff IN THE COURT OF COMMON PLEAS Vs. of Cumberland County DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Record Owners) 101 Silver Springs Mechanicsburg, PA 17055 Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-3764-Civil Term AFFIDAVIT PURSUANT TO RULE 3129 National City Mortgage Co., plaintiff in the above action, by its attorney, Joseph A. Goldbeck, 'Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 101 Silver Springs, Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s) : DAVID R. ECKERT 101 Silver Springs, Mechanicsburg, PA 17055 YVONNE S. ECKERT C/O Marcus A. McKnight III, Esq. 60 W. Pomfret Street, Carlisle, PA 17013-3222 2. Name and address of Defendant(s) in the judgment: DAVID R. ECKERT 101 Silver Springs, Mechanicsburg, PA 17055 YVONNE S. ECKERT C/O Marcus A. McKnight III, Esq. 60 W. Pomfret Street, Carlisle, PA 17013-3222 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 -, ,~ , " ~ I ~I 4. Name and address of the last recorded holder of every mortgage of record: PENNSYLVANIA HOUSING FINANCE AGENCY 2101 N. Front Street Harrisburg, PA 17110 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GOLDBE BY: Jo e Attorn DATED: March 12, 2002 -Ii; ~ " -J 7'- t National City Mortgage Co. VS David R. Eckert and Yvonne S. Eckert In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3764 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Joseph Goldbeck, Jr. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Posting Poundage Law Journal Patriot News 30.00 30.00 15.00 .50 1.00 25.20 15.18 15.00 15.00 1.86 6.00 958.58 293.30 232.15 $1638.77paid by attorney 6/20/02 Sworn and subscribed to before me ?~~-~~ This 2'1 If::.. day of Qu '" _ n R. Thomas Kline, Sheriff 2002, A.D. '--1'-1''' () "hu;tl(~, # ByJ~l~' Prothonotary Real tate Deputy \.6'D UL-3703~ Ru-.. /::n:;9 y ~ ., ." .,,, ~c.l , .... I , GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.P.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphi~, PA 19106 215-627-1322 Attorney for Plaintiff National City Mortgage Co. P.O. Box 1820 Dayton, OH 45401-1820 Plaintiff , , IN THE COURT OF COMMON PLEAS Vs. of Cumberland County DAVID R. ECKERT YVONNE S. ECKERT (Mortgagor~ and Record Owner~) 101 Silver Springs Mechanicsburg, PA 17055 Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-3764-Civil Term AFFIDAVIT PURSUANT TO RULE 3129 National City Mortgage Co., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, 'Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 101 Silver Springs, Mechanicsburg, PA 17055 1.Name and ~ddress of Owner(s) or Reputed Owner(s): DAVID R. ECKERT 101 Silver Springs, Mechanicsburg, PA 17055 YVONNE S. ECKERT C/O Marcus A. McKnight III, Esq. 60 W. Pomfret Street, Carlisle, PA 17013-3222 2. Name and address of Defendant(s) in the judgment: DAVID R. ECKERT 101 Silver Springs, Mechanicsburg, PA 17055 YVONNE S. ECKERT C/O Marcus A. McKnight III, Esq. 60 W. Pomfret Street, Carlisle, PA 17013-3222 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 " -~""'.."~. ,. ,. i I . " I "~,; ,',. -" 4. Name and address of the last recqrded holder of every mortgage of record: PENNSYLVANIA HOUSING FINANCE AGENCY 2101 N. Front Street Harrisburg, PA 17110 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: March 12, 2002 GOLDBE BY: Jo Attorn . .." _J ",-- I', .~~ - C 'J 'Jospeh A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff National Cit:y Mortgage Co. P.O. Box 1820 Dayton, OH 45401-1820 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County Vs. CIVIL ACTION - LAW DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Record Owners) 101 Silver Springs Mechanicsburg, PA 17055 Defendants ACTION OF MORTGAGE FORECLOSURE TERM NO. 01-3764-Civil Term CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. , .,,--~'-' ,-, " ),,- , f , GOLDBECK McCAFFERTY & M~KEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff National City Mortgage Co. P.O. Box 1820 iN THE COURT OF COMMON PLEAS Dayton, OH 45401-1820 Plaintiff of Cumberland County Vs. CIVIL ACTION - LAW DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Record Owners) 101 Silver Springs Mechanicsburg, P A 17055 Defendants ACTION OF MORTGAGE FORECLOSURE Term No. 01-3764-Civil Term TIDS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ECKERT. DAVID R. DAVID R. ECKERT 10 I Silver Springs Mechanicsburg, P A 17055 Your house at 101 Silver Springs, Mechanicsburg, PA 17055 is scheduled to be sold at SherifI's Sale on Wednesday, June 05, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $47,929.09 obtained by National City Mortgage Co. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIDS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I. The sale will be cancelled if you pay to National City Mortgage Co., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ,"- ~ ^ ^, ~;l,~,. h ..< .'", ",I. ',t. / , . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff 0017-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will slate who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAwYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 " ' " --,~, All that certain lot or ground known as Lot No.5 in a certain plan of lots called Greenoll, laid out by Benjamin F. Hunt, Jr. and Reba H. Hunt, his wife, which plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 5, Page 58, situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the street line of the west side of the Silver Spring Road at the intersection of the street line of the north side of Park Road, as shown in the aforesaid plan of lots; thence fifteen (15) feet along the tangent line of a curve having a radius of fifteen (15) feet and a length of curve to twenty-three and fifty-five one-hundredths (23.55) feet to a point; thence along the street line of Park Road, North 81 degrees 00 minutes West, one hundred eighty-five (185) feet to a point; thence along the line of Lot No. 13 in the aforesaid plan oflots, North 09 degrees 00 minutes East, one hundred (100) feet to a point; thence along the line of Lot No.4 in the aforesaid plan of lots, South 81 degrees 00 minutes East, two hundred (200) feet to a point on the street line ofthe west side of the Silver Spring Road; thence along the said street line, South 09 degrees 00 minutes West, eighty-five (85) feet to a point; thence fifteen (15) feet along the tangent of a curve having a radius of fifteen (15) feet and a length of curve of twenty-three and fifty- five one-hundredths (23.55) feet to the place of beginning. Tax Parcel #38-21-0287-010 Being known as 101 Silver Springs, Mechanicsburg, PA 17055 " ~ ;-, - >'~-""-~"'-'j~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff National City Mortgage Co. P.O. Box 1820 IN THE COURT OF COMMON PLEAS Dayton, OH 45401-1820 Plaintiff of Cumberland County Vs. CIVIL ACTION - LAW DAVID R. ECKERT YVONNE S. ECKERT (Mortgagors and Record Owners) 101 Silver Springs Mechanicsburg, P A 17055 Defendants ACTION OF MORTGAGE FORECLOSURE Tenn No. 01-3764-Civil Tenn TIDS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. TIDS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ECKERT. YVONNE s. YVONNE S. ECKERT C/O Marcus A. McKnight III, Esq. 60 W. Pomfret Street Carlisle, PA 17013-3222 Your house at 101 Silver Springs, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff's Sale on Wednesday, June 05, 2002, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $47,929.09 obtained by National City Mortgage Co. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIDS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to National City Mortgage Co., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you mnst pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. -l' . ~, , . ~-~ L- ,-.i:,.' .,-,1, You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full arnoWlt due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have a right to remain in the property Wltil the full arnoWlt due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 ~ d' " "" . ~j All that certain lot or ground known as Lot No.5 in a certain plan of lots called Greenoll, laid out by Benjamin F. Hunt, Jr. and Reba H. Hunt, his wife, which plan is recorded in the Recorder's Office in and for Cumberland County in Plan Book 5, Page 58, situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the street line of the west side ofthe Silver Spring Road at the intersection of the street line of the north side of Park Road, as shown in the aforesaid plan oflots; thence fifteen (15) feet along the tangent line of a curve having a radius of fifteen (15) feet and a length of curve to twenty-three and fifty-five one-hundredths (23.55) feet to a point; thence along the street line of Park Road, North 81 degrees 00 minutes West, one hundred eighty-five (185) feet to a point; thence along the line of Lot No. 13 in the aforesaid plan oflots, North 09 degrees 00 minutes East, one hundred (100) feet to a point; thence along the line of Lot No.4 in the aforesaid plan oflots, South 81 degrees 00 minutes East, two hundred (200) feet to a point on the street line of the west side of the Silver Spring Road; thence along the said street line, South 09 degrees 00 minutes West, eighty-five (85) feet to a point; thence fifteen (15) feet along the tangent of a curve having a radius of fifteen (15) feet and a length of curve of twenty-three and fifty- five one-hundredths (23.55) feet to the place of beginning. Tax Parcel #38-21-0287-010 Being known as 101 Silver Springs, Mechanicsburg, PA 17055 ,.2>' ~.'r.,~ ~<""" ~ , "~j~..:'d""'-~L WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) " COUNTY OF CUMBERLAND) NO 01-3764 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From DAVID R. ECKERT, 101 SILVER SPRINGS, MECHANICSBURG, AND YVONNE S. ECKERT, CIO MARCUS A. MCKNIGHT ill, ESQ., 60 W. POMFRET STREET, CARLISLE, PA 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant( s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that helshe has been added as a garnishee and is enj oined as above stated. Amount Due $47,929.09 L.L. $.50 Interest FROM 2/15/02 TO SALE DATE AT $7.88 PER DIEM Atty's Corom % ". Atty Paid $176.70 Plaintiff Paid Date: MARCH 13, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division <.!lv: ao~o.2.7r~ REQUESTING PARTY: Na,me JOSEPH A. GOLDBECK, JR., ESQ. Address: SUITE 500-THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ill No. 16132 ';, : :';;j;!,~,dd:l.!;,~1ii,ilm!IWMit2l!;!j;jif~~\tj;:t,f.i,li'ot";""~''''J,':''W-'''',;;'l""~W;.m:,",,ill.I!l~~~IIt,)f;. 1'"""tij\Jil;Jj;I' - ~ - Real Estate Sale #62 On March 15, 2002 the sherifflevied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, P A known and numbered as 101 Silver Spring Road, Mechanicsburg and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15,2002 By: J{)O~ J,vUih Real Estate Deputy ~.j &::;;iJ &::;;iJ t::::::o G=!) . .G\iiiI ,. "'.1J "\ \ ("" ..J '\1\-;-;"';:: i\.. ';., " ': .,'~ ~ \ h\ t\~\\ \\ :"C: Ll I );,\n'J Hlil',L.' o. :':)\;\10 H''l!?'"'' ' \i1 4 "- ." THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No.587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsyivania, with its principal office and place of business at 812 to 8f8 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot'News and~ Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daiiy and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and Is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE 1162 _c_::~ ilEAl ESTATESALENo:62 . Wrll No. 2001-3764 CMITelm National City Mortgage Co. ~ vs _~ David R. Eckert and ~_:_ Yvonne S. Eckert Ally: Joseph Goldbeck , m:sCl!lWN AU. THAt CERTAlN lot or ground knov.n as Lot ~No.5 in acerta.in plan of 105 caUed Greenoll.lnid out ~ by Benjaffim F. Hun~ Jr. and Reba H. Hupt, his wife, which plan- is recorded in the Re~order's Office in _ ".llhffor Cumbgrland County in Plan Book 5, Page 58, -:~sffi\ate: iae Township of Silver Spring, County of ~Cumb):flari...4. - and State of Pennsylvania, more o-{i3rt1culailyjllJundedanddescn1Jedasfol1ow~towit nEGINNING at a point on the street line of the west ;:.si~of~~i1verSpringRoadattheintersectionof the streeLllle_ of the north side of Park Road, a~ -ShOwn ill the aforesaid plan of 101s; thence fifteen " {151fee(~12ngthetangentline of a eurve having a -.-.raartifoffifteen (15) feet and a length of cur."e to h,,'enty.tKree. and fifty.five one-hundred~~ (23.55}). publisher of The Patriot-News and The Sundav Patriot~News newspapers of general ;_~ feet to <l.jlomt; thence along the street Ime of Park'. . n , ~]:Qa,d, North Sl degrees 00 minutes West, one-ge receIpt of the aforesaid notice and publication costs and .certifies that the same have :'-'h.undred_ei,ghty-live (185) feet to a point; thence ~on..tlielineofL()tNo.13intheaforesaidplanof ';"'Jijij,oNorth.09-degrees 00 minutes East, o~e hundred .}-(mO) f~eUo a point; thence along the Ime of Lot 'Jio.4 ir) ,iJJc!.uoccsaicl plan ofJols, South 81 d~g.rees TOO-minutes East, two hundred (200) feet to a pomt on ;-ilienslreefJiiieof tlie west side of the Silver Spring - ~R~; the-Qct along the said street line, South 09 'ucteStecs-OO minutes West, eighty.five (85) feet to a poinl; urence fifteen (15) feet along the tangeot ofa curve~vii1garadlu~off1fte:en(15)feetandalength of curve of tll'cntr-three and ftfty-file one. hundredths (23.55) feet to the place of BEGINNING. TAX PARCEL #38.21-0287.010. .BEING known as 101 Silver Springs, Mcch.wicsbucg, PA 1?~5. " o an su Notarial Seal Terry L Aus'St'lU. NOlary P HarriSburg, Dauphin County My Commission expires June 6, 2002 Member, PennsylVania AsSOGistion at Notaries My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or pUblication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 230.40 1.75 232.15 Publisher's Receipt for Advertising Cost By.................................................................... '.. ,. ,.., ,-._--, .1.,- ~. -,. ~~" '. '. ,- Of') ,;, "<iik PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgentbal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 SEAL LOIIE.~NllIc ClIItIIIIIoIO, CIIIl County Mr CoI,~..1uICn Explcea MaldI5, 2005 ~--'._.__._.~--"'<"',"'M""""",,,",,,,,,,,,>,,!t'd>,y~;,j-":ldv'f"!U<iI~i:g,.~~i21i'~'O\f,jilll",""~M!i~". --, 1 "i.'''''jJ-~~IliI~iIi!l!/Il'; ~ REAL ESTATE SALE NO. 8Ii: Writ No. 2001-3764 Civil National City Mortgage Co. vs. David R Eckert and Yvonne S, Eckert Atty.: Joseph Goldbeck All that certain lot or ground known a..,,> Lot No.5 in a certain plan of lots called Greenoll. laid out by Benjamin F. Hunt, Jr. and Reba H. Hunt. his wife. which plan is record- ed in the Recorder's Office in and for Cumberland County in Plan Book 5, Page 58. situate in the Township of Silver Spring. County of Cumber- land. and State of Pennsylvania, more particularly bounded and de- scribed as follows. to wit: Beginning at a point on the street line of the west side of the Silver Spring Road at the intersection of the street line of the north side of Park Road. as shown in the afore- said plan of lots; thence fifteen 11.5) feet along the tangent line of a curve having a radius of fifteen (1.5) feet and a length of curve to twenty~three and fifty-five one-hundredths (23.55) feet to a point; thence along the street line of Park Road. North 81 degrees 00 minutes West. one hun- dred eighty-ftve (185) feet to a point: thence along the line of Lot No. 13 in the aforesaid plan of lots. North 09 degrees 00 minutes East. one hundred (100) feet to a point: thence along the line of Lot No. 4 in the aforesaid plan of lots. South 81 de- grees 00 minutes East. two hun- dred (200) feet to a point on the street line of the west side of the Silver Spring Road; thence along the said street line, South 09 degrees 00 minutes West. eighty-five (85) feet to a point; thence fifteen (15) feet along the tangent of a curve having a radius of fifteen (15) feet and a length of curve of twenty-three and fIfty-five one-hundredths 123.55) feet to the place of beginning. Tax Parcel #38-21-0287-010. Being known as 101 Silver Sprlngs. Mechanlcsburg. PA 17055. ."_'lI