HomeMy WebLinkAbout03-0848CABRICO ENTERPRISES,
Plaintiff
Ye
DAVID M. EICHELBERGER and
SUSAN S. EICHELBERGER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. o/~ ~ ~K~' CIVIL TERM
ACTION IN MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this Complaint and Notice 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 ifyou 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 ~ OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la cone. Si usted guiere defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la dernanda y la nofificaciou. Usted debe presenter una
apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las
demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entmr una orden
contra usted sin pmvio aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede
perder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO
TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
CABRICO ENTERPRISES,
Plaintiff
DAVID M. EICHELBERGER and
SUSAN S. EICHELBERGER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O~ ' ~q~ CIVIL TERM
ACTION IN MORTGAGE FORECLOSURE
ANDNOW, this o~ I~'~
COMPLAINT
day of February, 2003, comes Plaintiff, Cabrico Enterprises, by
and through its attorneys, Law Offices of Craig A. Diehl, and files the within Complaint, and in
support thereof states the following:
1. Plaintiff, Cabrico Enterprises, Mortgagee, is a Pennsylvania general partnership with
its main address at 3464 Trindle Road, Camp Hill, Cumberland County, Pennsylvania, 17011.
2. Defendants, David M. Eichelberger and Susan S. Eichelberger, are adult individuals
who reside at 455 Lake Meade Drive, East Berlin, Adams County, Pennsylvania, 17316.
3. On or about August 21, 2001, Defendants executed and delivered to Plaintiffa note
and mortgage upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is
recorded in the Office of Recorder of Deeds of Cumberland County, Pennsylvania, in Book 1732,
Page 2764, a copy of said note and mortgage being attached hereto and marked Exhibit "A".
4. Said mortgage has not been assigned.
5. The description of the real estate is as described as follows:
ALL THAT CERTAIN lot of ground with the hnprovements thereon erected,
situate in the Borough of Mechanicsburg, County of Cumberland and State of
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point at the Northwest corner of North Market Street and
West Factory Street; thence along said West Factory Street, South 81 degrees 45
minutes West 168.5 feet to a point on the Eastern line of Railroad Avenue; thence
along said Railroad Avenue, North 12 degrees 5 minutes West 25 feet to a post;
thence along lands now or formerly of Gary P. Turpening, North 82 degrees 30
minutes East 125.45 feet to a point; thence by Lot No. 2 on the Plan of Lots
hereinafter mentioned, South 12 degrees 5 minutes East 1.36 feet to a point; thence
further by said Lot No. 2, North 77 degrees 55 minutes East 17 feet to a point; thence
further by lands now or late of said Gary P. Turpening and through a party wall,
North 77 degrees 55 minutes East 26.3 feet to a point on the Western line of said
North Market Street; thence along the Western line of said North Market Street,
South 12 degrees 5 minutes East 25 feet to the point and place of BEGINNING.
HAVING thereon erected a two-story frame dwelling house known and
numbered as 301 North Market Street.
BEING Lot No. 1 on Final Subdivision Plan for Paul E. Stare, which said Plan
is recorded in the Recorder of Deeds in and for said Cumberland County in Plan Book
30, Page 2.
BEING the same premises which Charles H. Eichelberger and Evelyn G.
Eichelberger, his wife, by their deed dated June 13, 1983 and recorded June 14, 1983
in the Office ofthe Recorder of Deeds of Cumberland County, Pennsylvania, in Deed
Book F-30, Page 835, granted and conveyed unto David M. Eichelberger and Susan
S. Eichelberger, the Mortgagors herein.
6. The said mortgage is in default in that the momhly payments of principal and interest
amounting to $574.56, which have become due and payable on September 21,2002, and on the 21 st
3
day of each momh thereafter have not been made, and by the terms of said mortgage upon default
in such monthly payments, the whole of said mortgage debt and interest shall, at the option of the
Plaintiff, become due and payable forthwith.
7. The present owners of the real estate are the Defendants.
8. The real estate is an investment property for Defendants and Defendants do not reside
at the property.
The mount due the Mortgagee on the mortgage is computed as follows:
(a)
(c)
(d)
Balance of principal
Interest bom September 22, 2002
to February 28, 2003
Late charges
Attorney's commissions (3.0%)
TOTAL
$67,562.70
2,648.83
344.76
2,026.88
$72,583.17
10. In accordance with provisions of the Note executed by Defendants, Plaintiffhas sent
to Defendants a written notice of default providing thirty (30) days to cure the aforementioned
default. No payments have been received by Plaintiff.
4
WHEREFORE, Plaintiffdemands judgment again~ the Defendants in the sum of$72,583.17,
plus interest from March 1, 2003, at a per diem of$16.66, and any additional late charges and costs
of suit.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: February 21, 2003
By:
Attorney ID No. 52801
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Attorney for Plaintiff
Exhibit A
NOTE
August 21, 2001
Cumberland County, Pennsylvania
301 North Market Street
Mechanicsburg, Pennsylvania
1. BORROWER'S PROMISE TO PAY
In return for a loan that we have received, we promise to pay $68,400.00
Sixty-Eight Thousand Four Hundred and 00/100 Dollars to the order of the Lender.
The Lender is Cabrico Enterprises, its successors and/or assigns. We understand
that the Lender may transfer this Note. The Lender or anyone who takes this Note
by transfer and who is entitled to receive payment under this Note is called the
"Note Holder".
2. INTEREST
Interest will be charged on unpaid principal until the full amount of
principal has been paid. We will pay interest at a yearly rate of 9.0%.
The interest rate required by this Section 2 is the rate we will pay both
before and after any default described in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
We will pay principal and interest by making payments every month in the
amount of Five Hundred Seventy-Four and 56/100 ($574.56) Dollars.
We will make our monthly payments on the 21st day of each month beginning
on September 21, 2001. We will make these payments every month for a period of
three (3) years, at which time we shall pay all of the remaining principal and
interest and any other charges described below that we may o~e under this Note.
Our monthly payments will be applied to interest before principal.
The unpaid principal balance will be paid in full on or before August 21,
2004.
We will make our payments to the Lender at R.R. 4, Box 4609M, Spring Orove,
Pennsylvania 17362 or at a different place if required by the Note Holder.
4. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment
by the end of five {5) days after the date it is due, we will pay a late charge
to the Note Holder. The amount of the charge will be Ten percent (10.0%) of our
overdue payment of principal and interest. We will pay this late charge promptly
but only once on cash late payments.
(B) Notice of Default
If we are in default, the Note Holder may send us a written notice telling
us that if we do not pay the overdue amount by a certain date, the Note Holder
may require us to pay immediately the full amount of principal which has not been
paid. The date must be at least 30 days after the date on which the notice is
delivered or mailed to us.
(C) No Waiver By Note Holder
Bven if, at a time when we are in default, the Note Holder does not require
us to pay immediately in full as described above, the Note Holder will still have
the right to do so if we are in default at a later time.
(D) Payment of Note Holder's Costs and Expenses
If the Note Holder has required us to pay immediately in full as described
above, the Note'Holder will have the right to be paid back by us for all of his
costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys' fees.
5. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be
given to us under this Note will be given by delivering it or mailing it by first
class mail to us at the Property Address above or at a different address if we
give the Note Holder a notice of our different address.
6. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and
personally obligated to keep all of the promises made in this Note, including the
promise to pay the full amount owed. Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these things. Any person who takes
over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this
Note. The Note Holder may enforce its rights under this Note against each person
individually or against all of us together. This means that any one of us may
be required to pay all of the amounts owed under this Note.
7. WAIVERS
Ourselves and any other person who has obligations under this Note waive
the rights of presentment and notice of dishonor. "Presentment" means the right
to require the Note Holder to demand payment of amounts due. "Notice of dishonor"
means the right to require the Note Holder to give notice to other persons that
amounts due hav~ not been paid.
8. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER.
If all or any part of the Property or any interest in it is
sold or transferred (or if a beneficial interest in Borrower is sold
or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at his option, require
immediate payment in full of all sums secured by this Note.
However, this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of this Security
Instrument.
If Lender exercises this option, Lender shall give Borrower
notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is delivered or mailed
within which Borrower must pay all sums secured by this Note. If
Borrower fails to pay this sum prior to the expiration of this
period, Lender may invoke any remedies permitted by this Note
without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
David~M E~h~l~be~~~
Soc. Sec. No. /~&--~--~Oq/
zSusan S ;' Eichelber~er, B~r~ower
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on August 21, 2001. The mortgagor is DAVID M.
EICHELBERGER and SUSAN S. EICHELBERGER, {"Borrower"). This Security Instrument is given to CABRICO
ENTERPRISES, ("Lender"), whose address is R.R. 4, Box 4609M, Spring Grove, Pennsylvania 17362. Borrower owes
Lender the principal sum of Sixty. Eight Thousand Four Hundred and 001100 Dollars ($68,400.00). This debt is
evidenced by Borrower's Note dated the same date as this Security Instrument ("Note"), which provides for monthly
payments, with the full debt, if not paid earlier, due and payable on August 21, 2004. This Security Instrument secures
to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and
modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the
security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following
described properties located in Cumberland County, Pennsylvania:
SEE ATTACHED EXHIBIT "A"
which has the address of 301 North Market Street, Mechanicsburg, PA 17055 ("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered
by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay
when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under
Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower
shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum {"Funds")
for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the property,
if any; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance
premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and {f} any sums
Bt(! 732PG2-76L
payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage
insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an
amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's
escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C.
Section 2601 et se~/. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may,
at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of
Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in
accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay
the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits
Lender to make such a charge. However, Lender may require Borrower
to pay a one-time charge for an independent real estate reporting service used by Lender in connection with this loan,
unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid,
Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in
writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual
accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was
made. The Funds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held
by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and,
in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the
deficiency in no more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition
or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums
secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender
under paragraphs 1 and 2 shall be applied; first, to any prepayment charges due under the Note; second, to amounts
payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable
to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall
pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts
to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender
receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower; (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in
good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion
operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to
Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject
to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other
hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the
BX! 732P 2765
amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by
Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage
described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance
with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance
carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the Property damaged, ~f the restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or
restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will
begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the
payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and
proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums
secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within
sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall
not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower
shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property.
Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good
faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security
Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18,
by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes
forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security
Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process,
gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning
Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower
shall comply with all the provisions of the lease. If Borrower acquired fee title to the Property, the leasehold and the fee
title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and
agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights
in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or
regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's
rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this
Security Instrument, appearing in court, paying reasonabJe attorneys' fees and entering on the Property to make repairs.
Although Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by
this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest
from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
732P 2766
requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured
by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,
for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay
the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage
insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay
to Lender each month a sum equal to one.twelfth of the yearly mortgage insurance premium being paid by Borrower when
the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss
reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if
mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by
Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance
in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written
agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property.
Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection
with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property
in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of
the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following
fraction: (a} the total amount of the sums secured immediately before the taking, divided by {b) the fair market value of
the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of
the Property in which the fair market value of the Property immediately before the taking is less than the amount of the
sums secured immediately before the taking, unless Borrower and Lender otherwise agree in w~iting or unless applicable
law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the
sums are then due.
If the Property is abandoned by borrower, or if, after notice by Lender to Borrower that the condemnor offers
to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the
notice is given, Lender is authorized to collect and apply the proceeds, as its option, either to restoration or repair of the
Property or to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such
payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest.
Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for
payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made
by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy
shall not he a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and
agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject
BI(i 732PG2767
to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who
co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage,
grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally
obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may
agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the
Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum
loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in
connection with the loan e~ceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit: and (b) any sums already collected from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated
as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering
it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed
to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given
by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any
notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as
provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws
of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument
or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the
Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument
and the Note are declared to be severable.
16.
Instrument.
Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property
or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not
a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of
all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited
by federal law as of the date of this Security Instrument.
If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured
by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke
any remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have
the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a} 5 days {or
such other period as applicable law may specify for reinstatement} before sale of the Property pursuant to any power of
sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions
are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if
no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred
in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action
as Lender may reasonably require to assure that the lien of this Security Instrument shall continue unchanged. Upon
reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if
BK 1732P[;2768
no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph
17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with
this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change
in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security
Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a
change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above
and applicable law. The notice will state the name and address of the new loan servicer and the address to which
payments should be made. The notice will also contain any other information required by applic~qble law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or
release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action
by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory authority, that any removal or other remediation of any Hazardous SUbstance affecting the Property is necessary,
borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive
materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless
applicable law provides otherwise). Lender shall notify borrower of, among other things: (a) the default; (b) the action
required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may
result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the
Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.
If the default is not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured
by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including,
but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and
the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this
Security Instrument without charge to Borrower. Borrower shall pay any recordation costs.
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects
in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing
for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour
prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
BKt 732P 2769
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is loaned to
Borrower to acquire title to the Property, this Security Instrument shall he a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
W~ness:
BORROWER
Witness:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS,
NOTARIAL SEAL
HELEN E. RASMUSSEN, Notary Public
Camp Hill Borough, Cumberland County
My Commission Expires Aug. 2, 2003
On this 21st of August, 2001, before me, the undersigned officer, personally appeared David M. Eichelberger
and Susan S. Eichelberger, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the
within instrument and acknowledged that they executed the same for the purposes herein contained.
;.~i.~ ~IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY ~'~BLIC
Certificate of Residence
I hereby certify that the precise address of the within-named Mortgagee is:
R.R. 4, Box 4609M
Spring Grove, PA 17362
Agent -for~A/l~rtoage~ '
1 7 3 2 Pi; 2 7 7 0
ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Mechanicsburg, County
of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point at the Northwest corner of North Market Street and West Factory Street; thence along said West
Factory Street, South 81 degrees 45 minutes West 168.5 feet to a point on the Eastern line of Railroad Avenue; thence
along said Railroad Avenue, North 12 degrees 5 minutes West 25 feet to a post; thence along lands now or formerly of
Gary P. Turpening, North 82 degrees 30 minutes East 125.45 feet to a point; thence by Lot No. 2 on the Plan of Lots
hereinafter mentioned, South 12 deorees 5 minutes East 1.36 feet to a point; thence further by said Lot No. 2, North 77
degrees 55 minutes East 17 feet to a point; thence further by lands now or late of said Gary P. i'urpeninD and through
a party wall, North 77 degrees 55 minutes East 26.3 feet to a point on the Western line of said North Market Street;
thence along the western line of said North Market Street, South 12 degrees 5 minutes East 25 feet to the point and
place of BEGINNING.
HAVING THEREON ERECTED a two-story frame dwelling house known and numbered as 301 North Market Street.
BEING Lot No. 1 on Final Subdivision Plan for Paul E. Stare, which said Plan is recorded in the Recorder of Deeds in and
for said Cumberland County in Plan Book 30, Page 2.
EXHIBIT "A"
I Certify ti-:: 'c~ be recorded
in cumberl~,~;~ ,.ounty PA
o~-o--,: .... 'f' Deeds
7 3 2PG 2 7 7 i
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-00848 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARBRICO ENTERPRISES
VS
EICHELBERGER DAVID M ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
EICHELBERGER DAVID M
but was unable to locate Him
deputized the sheriff of ADAMS
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On April 17th , 2003 , this office was in receipt of the
attached return from ADAMS
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Adams County
18.00
9.00
10.00
37.60
.00
74.60
04/17/2003
CRAIG DIEHL
· Thomas Kli6e
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~ ~ day of ~
~ A.D.
Prothonotary
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-00848 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARBRICO ENTERPRISES
VS
EICHELBERGER DAVID M ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
EICHELBERGER SUSAN S
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of ADAMS County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On April
17th , 2003 , this office was in receipt of the
attached return from ADAMS
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
04/17/2003
CRAIG DIEHL
So ans~_//_ ~__~
Rd. Tt~o-ma~ Kline (~
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~ day of ~
~_Z~3 A.D.
/ ! Prothonot ar!;
DATE RECEIVED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1. PI.~IN ¥ II-I-/S/
CABRICO ENTERPRISES
3. E~.H=NDANT/~/
DAVID M. EICHA-1_~BERGER and SUSAN S. EICXKJ.RERGER
&iRYE
DATE PROCESSED
JIN~~: ~ee "INSTRUCTIONS FOR SERVICE OF PROCESS BY
THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please
I2. COURT NUMBER
03-848 Civil Term
4. TYPE OF WRIT OR COMPLAINT:
Complaint in Mortgage Foreclosuc
5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO ~F-hVlCE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED OR SOLO.
David M. Eicbelberger
6. ADDR[:_~$ (~;ee; m RFD, Apaament No., City, Boro, Twp., State and ZIP CODE)
455 Lake Meade Drive, East Berlin, PA 17316
7. INDICATE UNUSUAL SERVICE: E] PERSONAL r-] PERSON IN CHARGE [] DEPUTIZE [] CERT. MAIL I-I REGi~[i=HED MAIL [] PO~"rt;u ~IHER //
Now, ~_--:--_:...:_, I, SHE. R[.FF .O.F .ADA.MS .COUNTY, PA., do hereby deput~ t]~Sheriff of/--
~oumy [o execute tnis writ ano make return therof according to la~...~i~hi~:~puta~being~ ~/'
*.7' ~! ~ -~-;,~,. vr ADAMS COUNTY
made at the request and risk of the plaintiff.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
OTE ONLY APPLICABLE ON WRIT OF EXECUTION* N B WAIVER OF WATCHMAN Any deputy sheriff .... n- u- n or attachin /~.C~ ....
.... --,~, g P~ g any pr der wimin writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or altachmont, without liability on~~uch
deputy
or
the
sheriff
to
any plaintiff herein fo~ any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SN3NATURE of ATTC~.%'-"Y or other ORiGiNATOR requesting service on beh&~ of: J 10. TELEPHONE NUMBER 11. DATE
Craig A. Diebl, Esq. ~PLAINTIFF I
[] DEFENDANT (717) 763-7613
I
SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRIYE BELOW THIS LINE
15. I hereby CERTIFY and RETURN that I ~ have personally sawed, [] have sewed person in charge, [] have legal evidence of service as shown in "Remarks" (on reverse)
[] have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE a~l ATTESTED COPY therof.
16. E]I hereby c~i~;;y and return a NOT FOUND because I am unable to locate the individual, co,'~pai~y, c~rp~.-&~,,, etc., ~,--~,,~ above. (Bee remarks below)
17. Name and title of individual served
· · I l~l~ol~ofi. 1~ee~fe.a~da.~,,di.~r~eUo. Read Ord~
Susan S g~cbel~rger
19. Addr~ of wh~e ~w~ (~e;e only if diff~enl than shown a~ve) (Strut ~ RFD ~ment No C~ ~ro T ' 20.
I I
j
~. A,,.a~Ti I ~ I '"':: I~-.Im. I ~- f ...... I~lnt I ~ I .... I--._ , _ , , . . I
I I I ' I .... I ..... I ..... I I"-I'"""l ~ I""" I"p""'-I ~' I""-I ~.',,.
~. A~ ¢~s I 24. I
~.m ~ ~~ / ' I ' I
~ I ] ~/.bu ~d. 3/6/03 ~ ~112.40 Ck. ~8842
AFFIRMED
subscr#Md to boforo mO thJ8 N/A
and
day of
MY COMMISSION EXPIRES
I ACKNOWI F_I2.3E RECEiP¥ OF THE '.:'--~;~..~ F'~g.JRN
OF AUTHO~t~MO ISSUING AUTHORITY AND TITLE.
SO ANSWER.
o~es W. Muller J 3/3/2003
_ __~~ I ~..
~~ w..~ i ~/~/~003
39. Date Received
PROTHONOTARY
SHERIFF'S RETURN IOF $,ERVICE
( 1 ) The within
upon
defendant by mailing to
· ~ by
prepaid,
a true and attested copy thereof at
, the within named
mail, return receipt requested, postage
on the
( ) (2)
The return receipt signed by
defendant on the
made a part of this return.
Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c)
and attested copy thereof at
is hereto attached and
(1) (2), by mailing a true
in the following manner:
(a) to the defendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the
said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities
that Defendant refused to accept the same. The returned receipt and envelope is attached hereto
and made a part of this return.
And thereafter:
(b) To the defendant by ordinary mail addressed to defendant at same address, with the return
address of the Sheriff appearing thereon, On the
I further certify that after fifteen (15) days from the mailing date, I have not receiv;;d
(3)
(4)
said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
By publication in the Adams County Legal Jcurnal, a weekly publication of general circulation in
the County of Adams, Commonwealth of ~Pennsylvania, and the Gettysburg Times, a daily
newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general
circulation in said County for
successive weeks of The Affidavits
from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made
part of this return.
By mailing to
by mail, return receipt requested, postage prepaid,
on the
a true and attested copy thereof at
The
Authorities marked
returned by the Postal
is hereto attached.
( 5 ) Other
DATE RECEIVED
SH RIFF'S D PARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
DATE PROCESSED
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1. PLAINi,-PrS/
INBTRUCTION~: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
THE SHERIFF" on the rever~e of the last (No. 5) copy of this form. Please
I 2. COURT NUMBER
CABRICO ENTERPRISES J 03-848 Civil Term
3. D,-PeNDANT/S/ L4.TYPE OF WRIT OR COMPLAINT:
DAVID M. EICHF~.RERGER and SUSAN S. EIC/4~.RERGER ~omplaint in Mortgage Foreclosu]-.
~¥E s. N-':.'= OF ,ND,V,DUAL. COMPANY. CORPOr~T,ON, ETC.. TO SERV,CE OR ~SCR,PT.~ OF .~O~fir. TO .E ~EVlED. A~rACHED OR SOLD.
Susan S. Eicbelberger
6. ADORE~ (Street or fiFO, Apartn~&n; No., City, Boro, Twp., State and ZiP CODE)
AT
455 L~ke Meade Drive, East Berlin, PA 17316
7. INDICATE UNUSUAL SERVICE: [] PERSONAL [] PERSON IN CHARGE ~] DEPUTIZE [] CERT. MAIL [] REGISTERED MAIL [] POSTED [] OTHER
Now, I .
mad-'---~ at the request and riskC:?t~ ~dMSmaOkeOrUeNturT~n'thPeA~fdfcc~rrc~ibn~ldt°ePl~~
,. S--~'~-&A-C,a~-----~--~-O-h-~~T~ ~ °___~.[WF~ OF~'1~S CO~
~/lUl~l /r'l~t/ ~flLJ. A~I.~T IN EXPEDITING SERVICE. ~ ~ :~: i ~
NOTE ONLY APPLICABLE ON .IT OF EXECUTION. N.B. WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any pro !'i:i'pe~nd/~r~ithin w~ay~leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of s~:~cleputy or the sheriff to
any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. ~
9. BIGNATURE of ATTC..'~..'-"y or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER t 1. DATE
Craig A. Diebl, Esq. ~[PLAINTIFF
[] DEFENDANT (717) 763-7613
SpA. _E BEL W F R E OF SHERIFF ONLY -- DO NOT WRITE BE OW THI E
12. I acknowledge receipl of the w~, TUnE ' --'. L S LINE
or complaint as ind cated above, of Authorized ACSD Deputy or Clark and ~ Expiration / Hearing date
15. I hereby CERTIFY and RETURN thai I I:Xhave personally served, [] have served person in charge, [] have legal evidence of service as shown in "Remarks" (on reverse)
[] have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof.
16. [] I hereby certify and return a NOT FOUND because I am unable to locate the indiv dual, company corpm'etion, etc., named above. (See remarks below)
17. '
19.
State and ZiP CO~E)
Name and tlfia of individual served
Susan S. Eicbelberger
Ad,~ of ~vh~,e served (c,,,,~p;ete only if different than shown above) (Street or RFD, Apartment No., City, ~oro, Twp.,
22. A~,~.~-¥~ In.,. I ...... Irk. Int I Date I ~ , . .
I .... I --ITM 'l I "-'::' IDep'lntJ Data I =,':,aa II)ap. Int.I Date
in the defendant .m *l
~ 's ,_,_ Read Order
20. Date of ServiceI 21. Time
3/3/2003 I 9:157M
28. COST DUE OR REFUND
AFFIRMED and suheorihed to beene me this.
day of.
N/A
MY COMMISSION EXPIRES
I ACKNOWLEDGE RECEIPT OF THE ~IFF'8 RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITy AND TITLE.
· 0 AI~WER.
BY ~Dep. 8hMfff) (PfeMe (x' Ty~e)
Signature M Shedlf
Date
3[~3/2003
39. Date Received
PROTHONOTARY
SHERIFF'S RETURN IOF SERVICE
( ) (1) The within
upon
defendant by mailing to
by
prepaid,
a trUe and attested copy thereof at
.... the within named
mail, return receipt requested, postage
on the
( ) (2)
The return receipt signed by
defendant on the
made a part of this return.
Outside the Commonwealth, pursuant to Pa.
and attested copy thereof at
R.C.P. 405 (c)
is hereto attached and
(1) (2), by mailing a true
( )
( ) (3)
in the following manner:
(a) to the defendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the
said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities
that Defendant refused to accept the same. The returned receipt and envelope is attached hereto
and made a part of this return.
And thereafter:
(b) To the defendant by ordinary mail addressed to defendant at same address, with the return
address of the Sheriff appearing thereon, on the
I further certify that after fifteen (15) days from the mailing date, I have not receivcd'
said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
By publication in the Adams County Legal Journal, a weekly publication of general circulation in
the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily
newspaper published in the County of AdamS, Commonwealth of Pennsylvania and having general
circulation in said County for
successive weeks of The Affidavit~
from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made
part of this return.
( 4 ) By mailing to
by.
a true and attested copy thereof at
mail, return receipt requested, postage prepaid,
on the
The
Authorities marked
is hereto attached.
( 5 ) Other
returned by the Posta,
In The Court of Common Pleas of Cumberland County, pennsylvania
Cabrico Enterprises
VS.
David M. Eiche]berger et al
~SERVE: SuSan S. Eich~lbergerNo.03-848 civil
Now, February 28, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Ad,ns County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
NOW,
-within
,20 , at o'clock M. served the
upon
by handing to
a
and made known to
copy of the orig/nal
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this ~ day of
,20
COSTS
SERVICE
MILEAGE
AFFIDAVIT
In The Court of Common Pleas of Cumberland County, PennsYlvania
Cabrico Enterprises
VS.
David M. Eiche]berger et al
SERVE: David M. Eiche]berger
NO. 03-848 civil
NOW, February 28, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Adorns Cou/lty to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Now,
within
Affidavit of Service
,20 , at o'clock M. served the
upon
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this ~ day of
,20
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA