HomeMy WebLinkAbout99-07322
Ll
GOLDBECK MCCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney Z.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
Vs.
DAVID R. ECKERT AND
YVONNE S. ECKERT
(Mortgagor(s) and Real Owner(s))
101 Silver Springs Road
Mechanicsburg, PA 17055
Defendant(s)
THIS LAW FIRM IS A DEB'
TO COLLECT A DEBT OWED
OBTAINED FROM YOU WILL
COLLECTING THE DEBT.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
Term
No.
CIVIL ;•.t, _)RTGAGE
FORECLOSURE
C COLLECTOR AND WE ARE ATTEMPTING
TO OUR CLIENT. ANY INFORMATION
BE USED FOR THE PURPOSE OF
NOT I C E
You have been sued in court. If you wish to tlefend 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 forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9108
Legal Services Inc.
B Irvine Row, Carlisle, PA 17013
(717) 243-9400
A V I S O
LE FAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENOERSE CONTRA LAS QUE.7AS PERESENTADAS, ES
ABSOLUTAMENTE NECESSARIO DUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO.
PARA DEFENDERSE ES NECESSARIO DUE USTED, 0 SO ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNK DE VISTA
DE USTED Y CUALOUIER OBdECCION CONTRA LAS QUE.7AS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANOA. BE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION.
ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA DUE USTED CUMPLA CON TODAS
LAS PROVISIONES DE ESTA DEMANDA. POR RAZON BE ESA DECISION, ES POSSIBLE DUE USTED PUEDA P£RDER DINERO, PROPIEDAD
U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A ON ABOCADO IMMEDIATAMEM.
SI 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
(B00) 990-9108
Legal Services Inc.
8 Irvine Row, Carlisle, PA 17013
(117) 243.9400
7j1
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 Road, Mechanicsburg, PA 17055
and YVONNE S. ECKERT, 101 Silver Springs Road, 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 dated June 3, 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 July 1, 1999, 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 61 1/99
through 11/30/99 at 9.750%
Per diem interest rate at $11
Attorney's Fee at 5%
of Principal Balance
Late Charges 7/ 1/99-11/30/99
Monthly late charge amount at
Costs of suit and Title Search
Escrow Balance Deficit
Monthly Escrow amount $108.52
$ 41,439.37
2,042.04
22
$26.30
$ 46,502.50
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
2,071.97
131.50
560.00
$ 46,244.88
257.62
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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 $46,502.50, together with interest at the rate of
$11.22, 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: 54WL
GOLDBECK Mc T IcKEEVER
BY: Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
VERIFICATI0T3
I, Anita Holbrook , as the representative of the
Plaintiff corporation within named do hereby verify that I am
authorized to and do make this verification on behalf of the
plaintiff corporation and the facts set forth in the foregoing
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.B. 4904 relating to
unsworn falsification to authorities.
Dates trp- 99
Anita Holbrook
Foreclosure Supervisor
1 1,
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EX11111IT-A"
ALL THAT CERIAIN lot of ground known as Lot No. 5 in a certain
pl.,n •f lots called Creeootl, laid out by Benjamin F. Hunt, Jr.
..n.l R•tK, H. Hunt, his wife, which plan is recorded in the
ho•,irnler's office in and for Cumberland County in Plan Book 5,
11:.ge 58, situatu in the Township of Silver Spring, County of
C,imberland and State of Pennsylvania, more particularly bounded
mid described es follows, to wit:
81:OINNINL• 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 (I5) feet and a length of curve of twenty-
three and fifty-five one-hundredths (20.55) 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. 10 in the aforesaid plan of
[tits, North 09 degrees 00 minutes East, one hundred (100) feet to
a puint; 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 Re 2d; thence along the said street line, South 09 degrees
OO 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
ono-hundredths (27.55) feet to the place of BEGINNING.
ABOVE DESCRIPTION is in accordance with survey dated September
1960, drawn by Luther N. Amos, Jr., Registered Professional
Engineer.
NationalOW.
Mortgage
September 02, 1999
David R Eckert
101 Silver Springs
Mechanicsburg PA 17055
National City Mortgage
ni bu g. Ohio 45342
3 phuno Newmark (937) 910.100
EX H 1131T A 32
COPY
Mailing Address:
I'.0 11, ix 111:111
Daylon, 011io,11-1 01-1020
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)
7/1/99 THROUGH 9/1/99
and the following amount(s) are now past due:
Monthly Payments 1,578.21
Late Charges 33.40
Less Suspense Balance .00-
Total Due 1,611.61
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 $ 1,611.61, 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)
DR672 DEW Page 1
NOV. 11. 1999 4:55PM NATIONAL CITY
,ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
This Notice contains important legal Information. If you Piave ariy
questions,•representatives,at the Consumer Credit Counaeting,Agency •
may be able to help explain ]R :.You may also want to contact an attorney in
your area. The local bar association may be able to help you find. a laiwyer.
F®REdL®SURE _.. _.. _..:
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.
LA NOTIFICACION,EN AUJUNT.O ES DE,SUMA
AFECTA SU DERECHO A CONTINUAR VIV15NI
COf ERIENDE EL CON'fENIDQDE.ESTA•NOTIF
TRADUCCION INMEDITAMENTE [1AMANDb E
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL Ct
SALVAR SU CASA DE LA PE'RDIDA DEL DERECHO A RED]
• :mil °X.7 F; ! k °J')
X0.2640 P, 2
A UN
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IfFFIfv
F,i
NOV. 11. 1999 4:56PM NATIONAL CITY NO. 2640 P. 3
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 MEETOTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date
• of this Notice: Duffing that time you must arrange and attend a lace-to-toe"
meeting with one of the consumer credit counseling agencies listed at the end of
iocatea are set tone at the end ofmis Notice, it is only necessary to sdredu
one face-to-face meeting. Advise your lender immediateiv 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.withthe 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 Aoplioation with'one bf.the designated eoosumer 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-tee 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
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender
may NOT take action against you for thirty (3) days after the date of this
NOV. II. 1999 4:56PM NATIONAL CITY NO.2640 P. 4.
established by the Act. The Pennsylvania Housing Finance Agency.has s-ody (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 tiled bankruptcy, you can still apply for Emergency Mortgage ----•
Assistance.)
IF YOU DO 1191-9 RE TH>*? F UILT(see page 1) - If you do not curethe
default within THIRTY (30) DAYS of the date of this Notice, the lender Intends to
exercise Its 211.11 to accelerate the mortgage debt. This means that the entire 12 outstanding balance of this debt will be considered due immediately and you may ...
lose the chance to pay tho 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 fo,'_-Iose dPon your
mortaaae groportv.
jF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be
sold by the Sheriff to pay off the mortgage debt If the lender refers your case to its
attorneys, but you cure the de[lnq'uenay before the lender lieeguis legal proceedings
against you, you will 'still be required to pay the reasonable attomey'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 if they exceed $50:00. Arij attorney's fees wdl be added 0 he amount
you owe the lender, which may also Include other reasonable costs. lyod_cnre
0 I ENDER REMEDIES -Tlie lender' may also sue you personally for the
unpaid principal balance and all other sums due under the mortgage.
RIGHT To CURE THE QEFeULT PRIOR TO SHERIFF'S SALE - If.you'have not
cured the default within the THIRTY (30) DAY period and,foredosure.proceedingB •
have begun'. 011 have the right to cure the defauR grid prevent•the•sale at anv
time ug tg one hour before the Sheriffs Sale, Y-6 may do-so U pavtno the total
2mg nt the^ bas, ?„o nr„s anv late or other charges then due: reasonable
g(tom v's `^^^^ and costs connected with the foredosdre'saie and any other costs'
?qnn^^`^a the Sheriffs Sale as ?peo?fied I wrrdna by the lender and by
pertonning'anv other °dnderYhe ri ortgaae;''Curing'jrour`dafaulf in
the manner sot forth in this notice will restore your mortgage to the same
position as if you had never defaulted.
rsLE SHERIFF'S SALE DATE - It Is estimated that the earliestSher'rfPs Sale ofthe mortgaged property could be held would be
FOUR(4) months from the date of this Notice. A notice of the
e Sheriffs Sale will be sent to you before the sale. Of course, the
to cure the default wilt increase the longer you wait. You may find
ngmEgtm
11. .1._ 1999a 4. tIATIONAL CITYrequired payment or action 0.2640. g. 5
NOV 11.; .%e ex.. « will be by ?f„w. trn u?C
lender.
HOW TO CONTACT THE LENDER: Nameof Lender: National City Mortgage
Address: 3232 Newmark Dr. Miamisburg OH 45342
Phone Number:1-800.523-8654 Faxes e: (937) 910-4057
Contac? tin: COLLECTIONS DEPT.
EFFECT OF SHERIFF'S S9LE - You should realize i r ht to occupy it If a will end
yourownership of the mortgaged property your you
continue to live in the properly after the Sheriffs Sale, a lawsuit to remove you and
your furnishing and other belongings could be started by the lender at arty time.
ASSUMPTION OF MORTGAGE -You may or may not be able to sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided
.and casts are paid
that all the outstanding payments, charges and attorney's fees
prior to or at the ssle and that #he, other requirements of the mortgage are satisfied.
For additional information please cor fact the Collection Dept.
YOU IIIIAY ALSO HAVE THE RIGHT: •
TO SELL T PROPERTY TO oBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER ENDING INSTITUTION O
PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU
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
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE
MORTGAGE DOCUMENTS:
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
01
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
r
Nate®ralC6h/,
Mortgage
September 02, 1999
Yvonne S Eckert
101 Silver Springs
Mechanicsburg PA 17055
National City Mortgage Co.
3232 Newmark Drive • Miamisburg, Ohio 45342
Telephone (937) 910.1200
COPY Mailing Address:
P.O. Box 1820
Dayton, Ohio 45401-1820
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
IS SERIOUSLY IN DEFAULT becauseanicsburg PA 17055
YOU 14AVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s)
7/1/99 THROUGH 9/1/99
and the following amount(s) are now past due:
Monthly Payments 1,578.21
Late Charges 33.40
Less Suspense Balance
Total Due 00-
1,611.61
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 $ 1,611.61, 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)
DR673 DEW
Page 1
t ">
NOV. 11. 1999 4:55PM NATIONAL CITY
ACT 91 NOTICE
NO. 2640 P. 2
TAKE ACTION TO SAVE
YOUR HOME FROM _
F®REdL'O URE
a.
. L i, I .
This Notice contains important legal information. If you frave any
questions, representatives ,at the Consumer Credit Counse[ing,Agency.
may be able to help explain it...-.You may also want to contact ay.attorney in
your area. The local -bar association may be able to help you fin* a lawyer.
LA NOTIFICACION:EN ADJUNTn ES DE.SUMA IMPORTANCIA,,PUES
AFECTA SU DERECHO A CONTINUAR VIVIENDO EN,SU CASA;?SI NO•
COMP•jt NDE EL CONTENIDOLDE.ESTA•NOT]FICACION09TCNG4-UNA
TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA;., . ,
..,.e.ulevi vwww unr islNC=,.FINANCE AGENCY) SIN CARGOS.
EkPROGRAMA LLAMAIJU 7;iCtymevrrnc?c a?;+?hi;r.;_
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2
This is an official notice that the mortgage on your home Is in default, and
the lender intends to Foreclose. Specific infomration.about the.nature of the
91=1?aimlt to erovided in the attached pages.
SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR
HIPOTECA; .+?'•r.:. , ,'•7..±:C:_t : ,t:ct't L!f? l''r:k. ••
NOV. 11. 1999 4:56PM 14ATIONAL CITY NO. 2640 P. 3
IF YOU COMPLY WITH THE I-KOVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU
MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL.
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
?- • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date
of this Notice: During that time you must arrange and attend a "face-to-face"
meeting with one of the consumer credit counseling agencies listed at the end of
this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS, IF
CONSUMER CREDIT CO NSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender
may NOT take action against you for thirty (3) days after the date of this
located are set forth at the end of this Notice. It is only necessary to schedul
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
Assistanoe•F iftram AOplication witlm-one bf•the designated consumer credit
counseling agencies fisted 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
NO. 2640 P. 4.
Nov. 1 1. 1999 4:56PM NATIONAL CITY
Pennsylvania Housing Finance Agency has s'ady (60).
established by the Act The ication
that days to make de Will be pursued againstylouu K you have met thlim t me
foreclosure proceedings b the Pennsylvania
requirements set forth above. i?? decision on your Pdirectly PI ? n
Housing Finance Agency
NOTE: IF YOU ARE CURRENTLY
FOLLOWING PART OF TH SINOTICE IS FORITION
IN BANKRUPTCY,
INFOR141ATION P AN ATTEMPT O COLLECT THE DEBT-
(If you have filed bankruptcy, you can still apply for Emergency' Mortgage
Assistance.) Trceee °aae j)-if you do not cure the
default within r 1-i'm I T %Qvj - • -. ..+oTt?aae debt This means mar u ro G 4u«
e ercise its ri hts to accele to the _-?-- . and you may
outstanding balance of this debt wi ell e be
monthly installments. r if III payment of the
lose the chance to pay the g 30 DAYS, the . rider also
total amount,pat due is not t made made within THIRTY
Intends to ins. t Its attorneys to start legal action to foreclose u Oro
mortoaaa aronerly. _ ed property will be
IF THE MORTGAGE IS ff the mortgage debt. If thThe' e lender refers your case to Its
sold by the Shedd f to pay o uen before the tender pegtris legal proceedings
attorneys, but you cure the de4incj cY
against you, you will still be required to pay the reason d' 5 arees were
tarted against
actualry incurred, up to $50.00. However. if legal fees actually! inwrred by the,
you, you will have to pay ali.reasonable attorneys
lender even if they exceed $50:00. Any attome>r s fees will be added to the amount ude you owe the lender, which may also insv oadodr v reasonable costs. if yo-L-c-bre
u will not be reaLd av
attom I fees' r..
OTHER LENDER REMEDIES =Tfie lender may also sue you personally for the
unpaid principal balance and ail other sums due under the mortgage.
RIGHT TO CURE THE D FAULT PRIOR TO SHERIFF'S SALE - ff.Y°0i not THITY cured the defaouut wrthhave the nRht to cure the dated aaddo revenutne s le at , an
have begun • _ _?__ .mss CF,orifPR Sale. Ynu `ma'r do SO by n -th the total
oerfo 1 'an other re uire ens ?,v "'" our most a e to the same
the manner set forth in this notice will restore y 9 9
position as if you had paver defaulted.
diest
EARLIEST POSSIBLE SH RIF 'S SAL gDATE - It is esceU uld be he d wwould
be
date that such a Sheriffs Sale of the mort aged property
approximately FOUR(4) months from the date of airs Notice. A notice of the
, the
actual date of the Sheriffs Sale will be sent to you before the sale. Of course
amount needed to cure the default will increase the longer you wait. You may find
t'
NOV. 1 1. 1999a.4 :57PMne exNATIONAL CITYrequired payment or action will be by NO. 2640 . P
w ., ....., ., 8
lender.
ura
• HOW TO CONTACT THE LENDER: Name of Lender: National City Mortgage
Address: 3232 Newmark Dr. Miamisburg OH 45342
Phone Number:1-800523-8654 Fax Number: (937) 91D-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 may or may not be able to sell or transfer
•-• your home to a buyer ortransferee •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 Me sale and that )he, other requirements of the mortgage are satisfied.
For additional Information 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
BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU
DO NOT HAVE THIS RIGHT T.O CURE YOUR DEFAULT MORE THAN THREE"
TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE
PROCEEDING OR ANY OTHER
MORTGAGE DOCUMENTS: .
OF DEFAULT IN ANY FORECLOSURE
LAWSUIT INSTITUTED UNDER THE
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
0
NCI)
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CASE NO: 1999-07322 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL CITY MORTGAGE CO
VS.
ECKERT DAVID R ET AL
DAWN KELL
Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon ECKERT DAVID R the
defendant, at 9:03 HOURS, on the 13th day of December
1999 at 101 SILVER SPRINGS ROAD
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to YVONNE S. ECKERT
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 6.0
Affidavit .000
Surcharge 8.00 K I omaiY? i2 ne, 5 eri
$32-;eu GOLDBECK, MCCAFFERTY, MCKEEVVER? p
12/14/1999
by ???•
epu y Seri
Sworn and subscribed to before me
this P/ ? day of
B9 t ztD A. D .
rocnonocary
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-07322 P
COUNTYWOFLCUMBERPLANDSYLVANIA:
NATIONAL CITY MORTGAGE CO
VS.
ECKERT DAVID R ET AL
DAWN KELL , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according served
to law, says, the within COMPLAINT - MORT FORE was the
upon ECKERT YVONNE S
defendant, at 9:03 HOURS, on the 13th day of December
1999 at 101 SILVER SPRINGS ROAD CUMBERLAND
MECHANICSBURG, PA 17055
County, Pennsylvania, by handing to YVONNE S. ECKERT
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing Her attention to the contents thereof.
So answeri/?
Sheriff's costs: 6.00 e
Docketing ,00
Service .00
Affidavit 8.00 omas ine, eri
Surcharge
-$ G
OLDB CK§9MCCAFFERTY, MCKEEVE?R? p
12/14
by o l JY\ f?- ?-
epu y eri
sworn and subscribed to before me
this lY' day of
1f ,2vuo A.D.
0 ^'a
ro `Bono any
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 AND YVONNE S.
ECKERT (Mortgagor(s) and Record
Owner(s)) Term
101 Silver Springs Road No. 99-7322 Civil
Mechanicsburg, PA 17055
Defendant(s)
PRAECIPE FOR JUDGMENT
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.
nnswerinst DAVID R. ECKERT and
Enter Judgment in favor of Plaintiff and
YVONNE S. ECKERT by default W Assess damages as follows:
$ 47,759-68
Debt
Interest 6/ 1/99 to 2/14/00
Total
(Assessment of Damages attached) THA
FORE ALLEGEDFTO BETDUEEIN THE CING ASSES OMPLAINTS AND ISFC LULABLESASOA SUMCCERTAINN F OMS
THE COMPLAINT.
I certify that written notice of the intention to file this praecipe was
mailed or delivered to the party against whom judgment is to be entered and
to his attorney of record, if any, after the default occurred and at least
ten days prior to the date of the filing of this praecipe. A c of the
notice is attached. R.C.P. 237.1 n /) 0/1 /2fi a 4 opy ??
Jos Gold eck, Jr.
Att n y for aintiff
I.D. #16132
AND NOW '? -'J /7 ??--1 , judgment is
entered in favor of NATIONAL CITY MORTGAGE CO., and against DAVID R. ECKERT
and YVONNE S. ECKERT by default for want of an Answer and damages assessed
in the sum ofORT Y SEVEN THOUSAND SEVEN HUNDRED FIFTY NINE DOLLARS AND 68
as per the above ($47,759.F68)
CENTS
Prothonotary /?
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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
Vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
DAVID R. ECKERT AND YVONNE S. Term
ECKERT (Mortgagor(s) and Record No. 99-7322 Civil
owner(s))
101 Silver Springs Road
Mechanicsburg, PA 17055
Defendant(s)
ORDER FOR JUDGMENT
Please enter Judgment in favor of NATIONAL CITY MORTGAGE
CO., and against DAVID R. ECKERT and YVONNE S. ECKERT for failure
to file an Answer in the above action within (20) days (or sixty
(60) days if defendant is the United States of America) from the
date of service of the Complaint, in the sum of FORTY SEVEN
THOUSAND SEVEN HUNDRED FIFTY NINE DOLLARS AND 68 CENTS
($47,759.68). (?n ? tc"
Jo ph A. Gol beck, Jr.
At rney for Plaintiff
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, off 45401-1820 and that the name(s) and last
known address(es) of the Defendant(s) is/are DAVID R. ECKERT, 101
Silver Springs Road, Mechanicsburg, PA 17055; YVONNE S. ECKERT,
101 Silver Springs Road, MechanicsbjGB PA 17055;
K McC FERTY Mc VER
Joseph A. Goldbeck, rney for Plaintiff
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ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly assess the damages in this case to be as follows:
Principal balance $ 41,439.37
Interest from 6/ 1/99 through 2/14/00 2,894.76
Attorney's Fee at 5% of principal balance 2,071.97
Late Charges 210.40
Costs of Suit and Title Search 560.00
$ 47,176.50
Escrow Balance Deficit 583.18
$ 47,759.68
1"O,M?A
GOLDB I 4cCAFFE T & McKEE
BY: J seph A. G ldbeck, Jr.
Attorney for Plaintiff
AND NOW, this C7 day of 2000
damages are assessed as above.
/5/ 4e,,?L ?
Pro Prothy ?pG
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TO: YVONNE S. ECKERT
101 Silver Springs Road
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 Road
Mechanicsburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7322 CIVIL
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: YVONNE S. ECKERT
101 Silver Springs Road
Mechanicsburg, PA 17055
DATE OF THIS NOTICE: January 10, 2000
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/ ifosen4 -19. comech, ifr.
GOLDBECK MCCAPFERTY & 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
TO: DAVID R. ECKERT
101 Silver Springs Road
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 Road
Mechanicsburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7322 CIVIL
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 Road
Mechanicsburg, PA 17055
DATE OF THIS NOTICE: January 10, 2000
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/ o-4e l . Co6dbech, 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
m si'!
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 Road, Mechanicsburg, PA 17055 and is engaged in the
unknown business located at unknown address.
2. 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:
U- U
854109-3 - ECKERT,DAVID R.
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, YVONNE S. ECKERT, is
about unknown years of age, that Defendant's last known residence
is 101 Silver Springs Road, Mechanicsburg, PA 17055 and is engaged
in the unknown business located at unknown address.
2. 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: (" 0 .
854109-3 - ECKERT,YVONNE S.
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P 3180-3183 {j
Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East i
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
NATIONAL CITY MORTGAGE CO. IN THE COURT OF COMMON PLEAS
P.O. Box 1820
Dayton, OH 45401-1820 OF CUMBERLAND COUNTY y
Plaintiff CIVIL ACTION - LAW
VS. :ACTION OF MORTGAGE FORECLOSURE
DAVID R. ECKERT AND YVONNE S. Term !
ECKERT (Mortgagor(s) and Record No. 99-7322 Civil
Owner(s))
101 Silver Springs Road
Mechanicsburg, PA 17055 I
Defendant(s)
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
Amount Due $ 47.759.68
Interest from 6/ 1/99 to
2/14/00 at 9.750% $
(Costs to be added) $
J eph . Gold eck, Jr.
A orney for Plaintiff
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ALL THAT CERTAIN lot of 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 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
W
est, eighty-five (85) feet to a point; thence fifteen (15) feet along the tangent
of a
three andefifty-five radius one-hundredths (23.55) feet
to the length
place aco of BEGINNING, ty-
THE ABOVE DESCRIPI`IOV is in accordance with survey dated September, 1960, drawn
by Luther N. Amos, Jr., Registered Professional Engineer.
IMPROVEMENTS consist of a residential dwelling.
BEING PREMISES: 101 Silver Springs Road, Mechanicsburg, PA 17055
SOLD as the property of DAVID R. ECKERT and YVONNE S. ECKERT
TAX PARCEL #38-21-0287-010
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BY: JosephcA FGoldbeck,cJr.
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
Vs.
DAVID R. ECKERT AND YVONNE S.
ECKERT (Mortgagor(s) and Record
Owner(s))
101 Silver Springs Road
Mechanicsburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7322 Civil
AFFIDAVIT PURSUANT TO RULE 3129
NATIONAL CITY MORTGAGE CO., P1aiJTiffEsquire,asets forthnas
by its attorney, Joseph A. Goldbeck,
of the date the praecipe for the writ of exTCOUtY?n lwas f ocatedeatthe
following information concerning the real p p': Y
101 Silver Springs Road, Mechanicsburg, PA 17055
1. Name and address of owner(s) or Reputed Owner(s):
DAVID R. ECKERT
101 Silver Springs Road
Mechanicsburg, PA 17055
YVONNE S. ECKERT
101 Silver springs Road
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
DAVID R. ECKERT
101 Silver Springs Road
i Mechanicsburg, PA 17055
YVONNE S. ECKERT
101 Silver Springs Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the property to be sold:
4. Name and address of the last recorded holder of every mortgage
of record:
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: February 11, 2000
G ECK c AFFERTY & I EVER
BY: J6ielll A. ldbeck, Jr., sq.
Attorney for Plaintiff
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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
VS.
DAVID R. ECKERT AND YVONNE S.
ECKERT (Mortgagor(s) and Record
owner(s))
101 Silver Springs Road
Mechanicsburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION
:ACTION OF MORTGAGE
Term
No. 99-7322
- LAW
FORECLOSURE
Civil
THIS 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:
DAVID R. ECKERT
101 Silver Springs Road
Mechanicsburg, PA 17055
Your house at 101 Silver Springs Road, Mechanicsburg, PA
17055 is scheduled to be sold at Sheriff's Sale on June 7, 2000,
at 10:00 a.m., in Cumberland County, Commissioners Hearing Room,
2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court
judgment of $47,759.68 obtained by NATIONAL CITY MORTGAGE CO.
against you.
To prevent this Sheriff's 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 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
f
improperly entered. You may also ask the Court to postpone the
sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You
You contactyone, the morerchance youewillohave1oftstoppinsother
sale. (See notice below on how to obtain an attorney). g
1. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid price
by calling the Sheriff of Cumberland County at (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
the full amount1dueginthrough
out buyer if this hthe as Sheriff
salenlTo l find the
happened, you may call the Sheriff of Cumberland County at (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 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 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.
C mberland county Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9108
Legal Services in,.
e Row, Carlisle, PA 17013
(717) 213-9100
A
GOLDBECK McCAFFERTY & MOKEEVER
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
VS.
DAVID R. ECKERT AND YVONNE S.
ECKERT (Mortgagor(s) and Record
owner(s))
101 Silver Springs Road
Mechanicsburg, PA 17055
Defendant (s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7322 Civil
THIS 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.
TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
YVONNE S. ECKERT
101 Silver Springs Road
Mechanicsburg, PA 17055
Your house at 101 Silver Springs Road, Mechanicsburg, PA
17055 is scheduled to be sold at Sheriff's Sale on June 7, 2000,
at 10:00 a.m., in Cumberland County, Commissioners Hearing Room,
2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court
judgment of $47,759.68 obtained by NATIONAL CITY MORTGAGE CO.
against you.
To prevent this Sheriff's 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 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.
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).
1. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid price
by calling the Sheriff of Cumberland County at (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 of Cumberland County at (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 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 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 Cowry Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9108
Legal Services Inc.
8 Irvine Row, Carlisle, PA 17013
(717) 243-9400
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GOLDBECK McCAFFERTY & MCKEEVER
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
VS.
DAVID R. ECKERT AND YVONNE S.
ECKERT (Mortgagor(s) and Record
Owner(s))
101 Silver Springs Road
Mechanicsburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION
:ACTION OF MORTGAGE
Term
No. 99-7322
- LAW
FORECLOSURE
Civil
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.
O"A
Jo A. Goldb ck, Jr.
At rney for P aintiff
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ALL THAT CERTAIN lot of 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 of twenty-three five
hundredths linefoftPark Road, North 8 feet to a
s West' one thhuunncdredeiy ty-fivre (185)
feet to a ,:oint, thence along,the line of Lot No. 13 in the aforesaid plan of lots,
North
the
line of Lot No. 4 in minutes theaaforesaid hplan of (100) feet
81 deg1rees 00 minutesg
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.
THE ABOVE DESCRIPTION is in accordance with survey dated September, 1960, drawn
by Luther N. Amos, Jr., Registered Professional Engineer.
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
VS.
DAVID R. ECKERT AND YVONNE S. ECKERT
(Mortgagor(s) and Record Owner(s))
(Record Owner(s))
101 Silver Springs Road
Mechanicsburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7322 Civil
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:
( X) Personal Service by the Sheriff's Office/ (copy of
return attached).
( <) 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 Sheriff's Sale by Attorney for Defendant(s) (proof
of acknowledgment attached).
( ) Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of
record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER.
( j Premises was posted by Sheriff's office/competent adult (copy of
return attached).
( ) Certified Mail & ordinary mail by Sheriff's office (copy of return
attached).
( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original
receipt(s) for Certified Mail attached).
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.
s ct u s m•
n,
GO K c 'AF •ERT & MIKE JR
BY: Joseph A. oldbeck, Jr
Attorney for Plaintiff
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101 Silver Springs Road
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SUITE 500-THE BOURSE BUILDING
111 SOUTH INDEPENDENCE MALL EAST
PHILADELPHIA PA 19106-2519
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101 Silver Springs Road
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National City Mortgage Co.
-vs-
David E. Eckert and Yvonne S. Eckert
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 99-7322 Civil
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, says On
March 1, 2000 at 12:15 o'clock P.M. EST he served a true copy of real Estate Writ
Notice and Description in the above entitled action upon one of the within named
defendants to wit: David Eckert by making known unto Yvonne Eckert, wife at 101
Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and
at the same time handing to her personally the said true and attested copies of the same.
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, says on
March 1, 2000 at 12:15 p.m. EST, he served true copy of Real Estate Writ Notice and
Description in the above entitled action upon one of the wihtin named defendants to wit:
Yvonne Eckert, by making known unto Yvonne Eckert at 101 Silver Spring Road,
Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time
handing to her personally the said true and attested copies of the same.
David McKinney Deputy Sheriff, who being duly sworn according to law, says on
March 29, 2000 at 2:51 o'clock P.M. EST, he posted a copy of real Estate Writ Notice
Poster and Description in the above entitled action upon the property of David E. Eckert
and Yvonne S. Eckert located at 101 Silver Spring Road, Mechanicsburg, Cumberland
County, 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: David E. Eckert by First Class mail to his last known address 101
Silver Spring Road, Mechanicsburg, Pennsylvania. This letter was mailed under the date
of March 30, 2000 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the
above Real Estate Writ Notice Poster and Description the following manner: The Sheriff
mailed a notice of the pendency of the action to one of the within named to wit: Yvonne
S. Eckert by Fist Class Mail to her last known address 101 Silver Spring Road,
Mechanicsburg, Pennsylvania. This letter was mailed under the date of March 30, 2000
and never returned to the Sheriffs Office.
So an swwa?
R. Thomas Kline, Sheriff
Real Estate Deputy
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
VS.
DAVID R. ECKERT AND YVONNE S.
ECKERT (Mortgagor(s) and Record
Owner(s))
101 Silver Springs Road
Mechanicsburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7322 Civil
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 Road, Mechanicsburg, PA 17055
1. Name and address of owner (s) or Reputed Owner(s):
DAVID R. ECKERT
101 Silver Springs Road
Mechanicsburg, PA 17055
YVONNE S. ECKERT
101 Silver Springs Road
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
DAVID R. ECKERT
101 Silver Springs Road
4 '
Mechanicsburg, PA 17055
YVONNE S. ECKERT
101 Silver Springs Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the property to be sold:
4. Name and address of the last recorded holder of every mortgage
of record:
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: February 11, 2000
G CK qcc FF ERTY & %rs EVER
BY: Jo e Adbeck, Jq.
At torney for Plaintiff
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National City Mortgage Co.
-vs-
David E. Eckert and Yvonne S. Eckert
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 1999-7322 Civil
R. Thomas Kline, Sheriff, who being duly swom according to law, says this writ
is returned STAYED.
Sheriffs Costs:
Docketing
Poundage
Advertising
Posting Bills
Law Library
County
Mileage
Certified Mail
Levy
Postpone Sale
Surcharge
Law Journal
Patriot News
Share of Bills
So answers:
Sworn and subscribed to before me
30.00
16.41
15.00
15.00
.50
1.00
12.40
.71
15.00
20.00
30.00
367.70
288.30
24.80
$836.82 Pd by Atty
5/24/00
This R day ofQh?
2000,A.D.
'Prothonotary
R. Thomas Kline, Sheriff
BY +=
Real Estate Deputy
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1.50 u`, -221 y°
rec. 94870
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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
VS.
DAVID R. ECKERT AND YVONNE S.
ECKERT (Mortgagor(s) and Record
owner(s))
101 Silver Springs Road
Mechanicsburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OP CUMBERLAND COUNTY
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-7322 Civil
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 Road, Mechanicsburg, PA 17055
1. Name and address of Owner(s) or Reputed Owner(s) :
DAVID R. ECKERT
101 Silver Springs Road
Mechanicsburg, PA 17055
YVONNE S. ECKERT
101 Silver Springs Road
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
DAVID R. ECKERT
101 Silver Springs Road
Mechanicsburg, PA 17055
YVONNE S. ECKERT
101 Silver Springs Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the property to be sold:
4. Name and address of the last recorded holder of every mortgage
of record:
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: February 11, 2000
*GGCK VCAFFERRTY & F EVER
BY: ck, Jr., s4•
Attorney for Plaintiff
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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
VS.
DAVID R. ECKERT AND YVONNE S.
ECKERT (Mortgagor(s) and Record
owner(s))
101 Silver Springs Road
Mechanicsburg, PA 17055
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION
:ACTION OF MORTGAGE
Term
No. 99-7322
- LAW
FORECLOSURE
Civil
THIS 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:
YVONNE S. ECKERT
101 Silver Springs Road
Mechanicsburg, PA 17055
Your house at 101 Silver Springs Road, Mechanicsburg, PA
17055 is scheduled to be sold at Sheriff's Sale on June 7, 2000,
at 10:00 a.m., in Cumberland County, Commissioners Hearing Room,
2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court
judgment of $47,759.68 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 Sheriff's 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 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.
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).
1. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid price
by calling the Sheriff of Cumberland County at (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 of Cumberland County at (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 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 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 ear Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9108
Legal Services Inc.
8 Irvine Row, Carlisle, PA 17013
(717) 243-9400
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ALL THAT CERTAIN lot of ground known as Lot No. 5 in a certain plan of lots called
Creenoll, 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 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 BEGINNING.
THE ABOVE DESCRIPTION is in accordance with survey dated September, 1960, drawn
by Luther N. Amos, Jr., Registered Professional Engineer.
IMPROVEMENTS consist of a residential dwelling.
BEING PREMISES: 101 Silver Springs Road, Mechanicsburg, PA 17055
SOLD as the property of DAVID R. ECKERT and YVONNE S. ECKERT
TAX PARCEL #38-21-0287-010
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. gq_7'i77 CIVIL 79;_
CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due National City Mortgage Co.
P.O. Box 1820 Dayton, OH 45401-1820 PLAINTIFF(S)
from David R. Eckert and Yvonne S. Eckert
101 Silver Springs Road
Mechanicsburg, PA 17055 DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to
(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 garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 propertyolthe defendant(s) not levied upon an subject to attachment isfound in the possession of anyoneother
than a named garnishee, you are directed to notify him/her that he/she bas been added as a garnishee and is enjoined as above
stated.
Amount Due S47,759.68 L.L. $.50
Interest from 6/1/99 to 2/14/00 at 9.750% Due Prothy_ _ _$1.00 _
Atty's Comm % Other Costs
Ally Paid $118.20
Plaintiff Paid
Date: February 17, 2000
Curtis R. Long
Prothonotary, Civil Division
by: _/?!'?iliftC1 ?/D 2Q?z
/ 41? Deputy
REQUESTING PARTY:
Name
Address: s +'te 500- The Bourse eld.
111 S. Independence Mall East
PrEtIncelplila, PA 1:9106
Attorney for: Pi a; nf; ff
Telephone: (gig) 697-i 499
Supreme Court ID No. 1 Al '47
REAL ESTATE SALE fio. /2-
0 n F .2: ,.;,e r, the sheriff levied upon the defe?ndamss
interest in the real property situated in
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Cumberland County, Pa., known and numbered as:?
and more fully described on Exhibit "A" filed with
this writ and by this reference incorporated herein.
By:
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GOLDBECK, McCAFFERTY & McKEEVER
Suite 500 - The Bourse Bldg.
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
Vs.
DAVID R. ECKERT AND YVONNE S.
ECKERT (Mortgagor(s) and Record
Owner(s))
(Record Owner(s))
101 Silver Springs Road
Mechanicsburg, PA 17055
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Term
No. 99-7322 Civil
PRAECIPE TO VACATE JUDGMENT
TO THE PROTHONOTARY:
Kindly vacate the judgment upon payment of your costs only.
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GOLDBECK, MCCAFFERTY & MCKEEVER
Suite 500 - The Bourse Bldg.
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
vs.
DAVID R. ECKERT AND YVONNE S.
ECKERT (Mortgagor(s))
(Record owner(s))
101 Silver Springs Road
Mechanicsburg, PA 17055
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Term
No. 99-7322 Civil
PRAECIPE TO DISCONTINUE AND g?
TO THE PROTHONOTARY:
Kindly mark the above case Discontinued
Payment of your costs only.
Ended upon
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