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HomeMy WebLinkAbout99-039951<1 u I Z ` t N ? Q rA ? ?y FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION 1100 CORPORATE CENTER DRIVE RALEIGH, NC 27607-5066 Vs. G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION . NO. 99-3995 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against G FRANKLIN EICHELBERGER A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER AND LINDA MARIE EICHELBERGER A/K/A LINDA M. EICHELBERGER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $66,036.74 Interest - 6/1/99 TO 9/7/99 $ 1,564.20 TOTAL $67,600.94 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDI _? ??- DATE: FRANK FEDERMAN, ESQUIRE Attorney for laintiff ? 1 T - ^ Cf_ Ilil V: [n FEDERMAN AND PHELAN Frank Federman, Esquire } Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION Plaintiff Vs. G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGR, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 99-3995 CIVIL TO: LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 DATE OF NOTICE: AUGUST 10, 1999 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION Plaintiff VS. G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGR, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER Defendant(s) ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS . CIVIL DIVISION . CUMBERLAND COUNTY NO. 99-3995 CIVIL TO: G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 DATE OF NOTICE: AUGUST 10, 1999 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 ATTORNEY FOR PLAINTIFF Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION . CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION Vs. G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER . NO. 99-3995 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER is over 18 years of age and resides at 924 ALEXANDER SPRING ROAD, CARLISLE, PA 17013. (c) that defendant LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER is over 18 years of age, and resides at 924 ALEXANDER SPRING ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. F K FEVER ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION ) ) NO. 99-3995 CIVIL Plaintiff VS. G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER ) LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER ) Defendants Notice is given that a Judgment in the above-captioned matter has been entered against you on SEPTEMBER 1999. By: Y , If you have any questions concerning this matter, please contact: FE ER ESOUiRF Att rney for Party Filing Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** L j n v. r :j I?. 'Its QI PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION Plaintiff Va. G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-3995 CIVIL PRAECIPE FOR WRff OF EXFkVnON (MORTGAGE FORECLOSURE) Defendant(s) TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $67.600.94 V/ Interest from 9/7/99 TO $ 1,033.23 and Costs 12/8/99 (PER DIEM - $11.11) $68,634.17 Total FRANI FEDERMAN ESQUIRE TWO PENN CENTS PLAZA SUIT 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property. a Q' N rn H v F a H H U N m ON M m m z° w O W rl a? OF Utz. 00 Oa W W w c? a z R H N F w N Pd W a CA w a H ypw C9 W ?a ? W aw a? aH ww 14 . W ? W wa Z* 4 a ? Ww 0 N a Vm a h6 U Xf H w a? 'U H A w z H a 04 0 ?0 U Y W 7 O? F ? ?w 3 w O? a? w v v w M H O r-I a a b d 44 Aq@ P F P4 a ro N a W m 14 ro i,, Co u3 ., DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania more particularly bounded and described in accordance with a Survey by Stephen G. Fisher, R.S. dated November 4, 1976 (revised) as follows: BEGINNING at an iron pin on the Northern dedicated right-of-way line of the Alexander Spring Road (T-467) a 33 foot right-of-way said iron pin being also at the Southeast comer of Lot No. 6 of the hereinafter mentioned Plan of Lots; thence along the dividing line of Lots No. 5 and 6 North 36 degrees, 56 minutes, 26 seconds West 302.85 feet to an iron pin; thence along the Northern line of Lot No. 6 North 31 degrees, 21 minutes, 40 seconds East 96.63 feet to an iron pin at the corner of Lots Nos. 6 and 7; thence along the dividing line of Lots Nos. 6 and 7 South 58 degrees, 38 minutes, 20 seconds East 295 feet to an iron pin on the Northern dedicated right-of-way line of Alexander Spring Road (T-467); thence along said right-of-way line South 31 degrees, 21 minutes, 40 seconds West a distance of 120.82 feet to an iron pin; thence continuing along same right-of-way line in an arc with a radius of 290.0 feet a distance of 89.18 feet (erroneously described as 82.35 feet in prior Deed) to an iron pin, the point and place of beginning. BEING Lot No. 6 of the Plan of Lots of Dickinson Farms recorded in the Cumberland County Recorder of Deeds Office in Plan Book 29 page 41. TITLE TO SAID PREMISES IS VESTED IN G. Franklin Eichelberger and Linda Marie Eichelberger, his wife by Deed from John M. Shearer and Rebecca S. Shearer, his wife and Jay A. Galloway and Patricia D. Galloway, his wife dated 1/28/83 recorded 2/1/83 in Deed Book B-30 page 3. ?J 4 4, FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION VS. G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-3995 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 924 ALEXANDER SPRING ROAD, CARLISLE, PA 17013. 1. Name and address of owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER 924 ALEXANDER SPRING ROAD CARLISLE. PA 17013 LINDA MARIE EICHELBERGER, 924 ALEXANDER SPRING ROAD A/K/A LINDA M. EICHELBERGER CARLISLE, PA 17013 CARLISLE. PA 17013 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) PENNSYLVANIA HOUSING 2101 NORTH FRONT STREET FINANCE AGENCY HARRISBURG, PA 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 13 NORTH HANOVER STREET CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 4, 1999 DATE F. K FEDER , ESQUIRE At rney for Plaintiff t; J C? ? Ol U 1 1% . FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION Va. G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER ATTORNEY FOR PLAINTIFF . CUMBERLAND COUNTY . COURT OF COMMON PLEAS . CIVIL DIVISION . NO. 99-3995 CIVIL FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (XX) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. F K FEDERMAI, ESQUIRE Attorney for Plaintiff cr r •_. _i ?,? i i .... c. _ ', i, . i V r.. ?? _ -i ?? ) . Ci r) FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Va. CIVIL DIVISION G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER NO. 99-3995 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY September 4, 1999 TO: G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 924 ALEXANDER SPRING ROAD. CARLISLE. PA 17013, is scheduled to be sold at the Sheriff's Sale on DECEMBER 8, 1999 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $67,600.94 obtained by FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION (the mortgagee) against you. If the sale is postponed, the property will be relisted for the MARCH 1, 2000 Sheriff's Sale. 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 the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 (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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the SHeriff and will be made available for inspection in his office. The 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania more particularly bounded and described in accordance with a Survey by Stephen G. Fisher, R.S. dated November 4, 1976 (revised) as follows: BEGINNING at an iron pin on the Northern dedicated right-of-way line of the Alexander Spring Road (T-467) a 33 foot right-of-way said iron pin being also at the Southeast comer of Lot No. 6 of the hereinafter mentioned Plan of Lots; thence along the dividing line of Lots No. 5 and 6 North 36 degrees, 56 minutes, 26 seconds West 302.85 feet to an iron pin; thence along the Northern line of Lot No. 6 North 31 degrees, 21 minutes, 40 seconds East 96.63 feet to an iron pin at the comer of Lots Nos. 6 and 7; thence along the dividing line of Lots Nos. 6 and 7 South 58 degrees, 38 minutes, 20 seconds East 295 feet to an iron pin on the Northern dedicated right-of-way line of Alexander Spring Road (T-467); thence along said right-of-way line South 31 degrees, 21 minutes, 40 seconds West a distance of 120.82 feet to an iron pin; thence continuing along same right-of-way line in an arc with a radius of 290.0 feet a distance of 89.18 feet (erroneously described as 82.35 feet in prior Deed) to an iron pin, the point and place of beginning. BEING Lot No. 6 of the Plan of Lots of Dickinson Farms recorded in the Cumberland County Recorder of Deeds Office in Plan Book 29 page 41. TITLE TO SAID PREMISES IS VESTED IN G. Franklin Eichelberger and Linda Marie Eichelberger, his wife by Deed from John M. Shearer and Rebecca S. Shearer, his wife and Jay A. Galloway and Patricia D. Galloway, his wife dated 1/28/83 recorded 2/1/83 in Deed Book B-30 page 3. rG cO i,::.. r.. ,:IrLi l iit. .0 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION Plaintiff Vs. G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER Defendants CIVIL DIVISION No. 99-3995 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY SS: I, FRANK FEDERMAN, ESQ., attorney for FIRST UNION MORTGAGE CORPORATION S/B/M TO SIGNET MORTGAGE CORPORATION, hereby verify that on SEPTEMBER 21. 1999, true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on SEPTEMBER 15. 1999 by first class mail and certified mail return receipt requested, see Exhibit nB" attached hereto. RANK FED MAN, ESQUIRE Attorney or Plaintiff Date: November 8. 1999 °e a zy ?g W.5 - a x a d QU= C9 p o= ?Fa I W yy 9 9 N c0 9 ? z<o s w o iio i d z ? Y o U U C7 < V < `? ?C ? b W U a m 22 a a < Z p 47 ? E n ? W'W ? a V W W W ? ?w Oa N W a aN z z OF Z zy ? 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EGEIPI IIEV';STRICTW OEU RY R i• (r Cf I1L.111IfF RE11:R11 `lER'/ICE RECEIPT ll1ML pOSTAOE ANN FEES 7SENT O: INOr FOn mTERNAnoxAL MAa i.;.?vFNAN"IN 41CMELbt.F tAX, AiKJA r.LC!tL.bL?AGti!t Jw e:.L:ANDaa 5P.tiLrU t.UAJ Lr.n_:bi.L, FA aiUi3 ., ..?LI QQuV uo F-osmi Oervice Receipt for Certified Mail DHK O m 0 O N N m r- u- a o,TAcE PO M RETURN qE TPC EJ OEU?EM RECEIPT LERTICf O FEE - RETURN RECEIPT ;EnvICE •_ TOTAL POSTAGE AND FEES SENT TO: NOTFORINTERNATION4 MAIL nFF mxEx noFl ?iaL'A "tiil4i; HLCHELBEAGER, AJK/A .. ial:A :., ciCltba.SarthEi: V:4 ALLLIXLE4 SPi IZW AOAU CA.RLIS:,E, PA 17013 'S FORM 3800 US Postal Service Receipt for Certified Mail DW ------------------- U . y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION Plaintiff CIVIL DIVISION VS. No. 99-3995 CIVIL G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER Defendants AMENDED AFFIDAVIT OF SERVICE PURSUANT TO RULE. 3129 COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY SS: I, FRANK FEDERMAN, ESQ., attorney for FIRST UNION MORTGAGE CORPORATION, S/B/M_ TO SIGNET MORTGAGE CORPORATION , hereby verify that on SEPTEMBER 21, 1999 AND NOVEMBER 29, 1999, true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on SEPTEMBER 15, 1999 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. FRANK FED4RMAN, ESQUIRY4 Attorney for - Plaintiff Date: December 1, 1999 FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION VS. G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-3995 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 924 ALEXANDER SPRING ROAD. CARLISLE PA 17013. 1. Name and address of Owner (s) or reputed Owner(s): NAME G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 LINDA MARIE EICHELBERGER, 924 ALEXANDER SPRING ROAD A/K/A LINDA M. EICHELBERGER CARLISLE, PA 17013 CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 4. Name and address of the last recorded holder of every mortgage of record: NAME PENNSYLVANIA HOUSING FINANCE AGENCY UNITAS BANK C/O DONALD KORNFIELD LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 2101 NORTH FRONT STREET HARRISBURG, PA 17 NORTH CHURCH STREET WAYNESBORO, PA 17268 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 13 NORTH HANOVER STREET CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 1, 1999 DATE F YANK FEDE , ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION Vs. Attorney for Plaintiff COURT OF COMMON PLEAS COUNTY CIVIL DIVISION G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER NO. 99-3995 CIVIL WAIVER OF THIRTY-DAY NOTICE OF SHERIFF'S SALE Unitas National Bank hereby acknowledges receipt of the Notice of Sale with respect to the instant matter and waives the thirty- day notice required to be given under Rule 3129 of the Pa. Rules of Civil Procedure in connection with the Sheriff's Sale scheduled for the above-captioned matter on Wednesday, December 8, 1999. UNITAS NATIONAL BANK 0 C/0'DONALD ORNF n By j c DATE: ?1 ?? Z v1 N W W ? S a ?; °a '! y e eU= a m;r tr. F0. -1 W °? S N to 'O y zeo s w o 110 oJ' `I U. I I`,. oy 31N? ? O z QC o O = U ? U Z U ? ? a 9 ? C ! G I ???W CCC ? ^ ? O I r _ V Eo C o W Zw V L Ll? Oz d l7 a, oC a yF Z ZN W ?In S F.C ? ,,? OC > R V O a G ° < ? m c < < Z o a V Zc T V ae a W t >f 7 p4 ?i Uy ci V z? W FoFC (A W 6 E° ? zZ i z< a fZ ? zs xS L N 5 F a U O U 2 6 $ • 1 • ? • pp T B N T - Q ?1 r W a O N M Q ?n E Z J ? 6 G' N m co ru ru m r, tr a O m O O ru ru m r 0' RpI e, 'T"`E i I PBSIMAAR RR DATE .CIFClEO D(pVEPV RECL-Pt .i nt Eu LE 0.[TU9"n¢E.at SCmm.C Iptq e..ptADE 4.D REEti SENT T0: " NOT FOR i"TEA"Ano"ALAWL - Ta. C'atS.AlKi.lh EIChS,.nL:cL;E.tt, .?%5/n uU% FHANKL1.J EICHSLBLKl;6it, A1iri/A uuY 61CEAIA.BERGLR 144 n.di"ADZn 5?SiLVI? k.OAu Le:n_.Si.t, FA lIU13 o rvnwi aduu ua rostai service Receipt for Certified Mail DNK NCTURN r..LC Cr r'v EcorT k rt:' k -I[ %"11 nE lE ni IorAL "osuoL urD FEES SENT TO: " "ra°T on,"TTa"Ano,A'L'AUUL - nEE OTR. 9Ar L1SiiA ?witat tiCii?:.BKKGER, A/ts/a CARLISLE, PA 17013 CL PS FORM 3800 US Postal Service Receipt for Certified Mail DW -------------------- t.! ? o: ?'" '? _ r- ?,- ,.`_ •• -' _ __ . r`1 co ': ?' ' i ' , i;. i,.. 1 L i:. tT Ll - ? ?.? IN SHERIFF'S RETURN - REGULAR CASE NO: 1999-03995 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION MORTGAGE CORP VS. EICHELBERGER G FRANKLIN ET AL J. MIKE ICKES Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon _EICHELBERGER LINDA MARIE A/K/A EICHELBERGER LINDA M the defendant, at 20:35 HOURS, on the 19th day of July 1999 at 924 ALEXNADER SPRING ROAD CARLISLE, PA 01013 CUMBERLAND County, Pennsylvania, by handing to LINDA MARIE EICHELBERGER a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 6.00 Service .00 irC Affidavit .00 Surcharge 8.00 omas in 5 ei $14 FEDERMAN & PHELAN 07/20/1999 by ?i- ?UPULY e i Sworn and subscribed to before me this la = day of 19 9LI A.D. rocnonota ti CASE NO: 1999-03995 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION MORTGAGE CORP VS. EICHELBERGER G FRANKLIN ET AL J. MIKE ICKES , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon FRANKLIN G EICHELBERGER A/K/A EICHELBERGER GUY FRANKLIN the defendant, at 20:35 HOURS, on the 19th day of July 1999 at 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to LINDA MARIE EICHELBERGER a true and attested copy of the NOTICE AND COMPLAINT together with IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers:_ Docketing 18.00 Service 3.10 Affidavit 100 Surcharge 8.00 R. I mas i FED07/E0/ 1999 P/HELAN by ? e ? Pu 999Y eritr Sworn and subscribed to before me this d - T__ day of 19 A. D. I' wTL Fr?f no ?y'? FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 FIRST UNION MORTGAGE CORPORATION COURT OF COMMON PLEAS PLAINTIFF VS. CUMBERLAND COUNTY No. 99-3995-CIVIL G. FRANKLIN EICHELBERGER LINDA MARIE EICHELBERGER DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: August 30. 1999 A VERIFICATION KEVIN COLGAN hcreb.N states that hu is ASSISTANT SECRETARY of FIRST UNION MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter. that he is authorized to take this Verification. and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of Iris kno%%lodge. information and belief. The undersigned understands that this statement is made subjcet to the penultics of I g Pa. C.S. Sec. 4904 relating to unsworn talsification to authorities. DATE: W Q 29 irs o- ?1 LtlBOlI<%6 fN Ul OlSptttCd wl lauo'IN?elul alrla Il to W. s 1 , [tiro 'lMT3m15-nv FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION 1100 CORPORATE CENTER DRIVE RALEIGH, NC 27607-5066 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. W• 3W G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 Defendant(s) CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4?1 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 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Plaintiff is FIRST UNION MORTGAGE CORPORATION, SB/M TO SIGNET MORTGAGE CORPORATION 1100 CORPORATE CENTER DRIVE RALEIGH, NC 27607-5066 2. The name(s) and last known address(es) of the Defendant(s) are: G. FRANKLIN FRANKLIN, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described 3. On 4/8/87 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEREDITH MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 859, Page 607. By Assignment of Mortgage dated 6/3/87 the mortgage was assigned to CITIZENS SAVINGS BANK, FSB which Assignment is recorded in Assignment of Mortgage Book No. 398, Page 820. By Assignment of Mortgage dated 10/30/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 511, Page 992. 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 3/1/99 and each month thereafter are due and unpaid, and by the terns of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." 6. The following amounts are due on the mortgage: Principal Balance $60,687.17 Interest 1,927.60 2/1/99 through 6/1199 (Per Diem $15.80) Attomey's Fees 3,034.00 Cumulative Late Charges 87.52 4/8/87 to 6/1/99 Cost of Suit and Title Search 550.00 Subtotal 66,286.29 Escrow Credit 249.55 Deficit 0.00 Subtotal 24( 9.55) TOTAL $66,036.74 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit `B'; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. t• 10. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $66,036.74, together with interest from 6/1/99 at the rate of $15.80 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff First Union Mortgage Corpora a 0 N Raleigh, North 0Corporate 1100 Center ter Dilve 11 Ce U N th 2760 orth n 07b066 GUY EICHELBERGER 924 ALEXANDER SPRING RD CARLISLE, PA 17013 April 30, 1999 RE: FUMC Loan Number 0009599662 NOTICE OF INTENTION TO FORECLOSE First Union Mortgage Corporation is the holder of the mortgage on your property located at 924 ALEXANDER SPRIN, which mortgage is in SERIOUS DEFAULT because you have not made the current monthly payment of 744.74 for 03/01/1999 through 04/01/1999. Late charges (and other charges) have also occurred in the amount of 58.26. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is 1610.00. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, we will obtain and provide you with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, we will send you the name and address of the original creditor if different from above. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of 1610.00, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made in the form of certified check, cashier's check or money order, and made at First Union Mortgage Corporation, ATTN: Cash Processing, P.O. Box 900001, Raleigh, NC 27675-9000. If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly payments. If the full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure this default within the THIRTY (30) DAY period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN EXHIBIT A • ????? Raleigh First Union Mortgage Corporadon Post Oce Box North Ceroona 276754MI UN N 1100 Corporate Center Drive l1v Raleigh, North Carolina 276075066 LINDA EICHELBERGER 924 ALEXANDER SPRING RD CARLISLE, PA 17013 April 30,1999 RE: FUMC Loan Number 0009599662 NOTICE OF INTENTION TO FORECLOSE First Union Mortgage Corporation is the holder of the mortgage on your property located at 924 ALEXANDER SPRIN, which mortgage is in SERIOUS DEFAULT because you have not made the current monthly payment of 744.74 for 03/01/1999 through 04/01/1999. Late charges (and other charges) have also occurred in the amount of 58.26. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is 1610.00. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, we will obtain and provide you with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, we will send you the name and address of the original creditor if different from above. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of 1610.00, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made in the form of certified check, cashier's check or money order, and made at First Union Mortgage Corporation, ATTN: Cash Processing, P.O. Box 900001, Raleigh, NC 27675-9000. If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly payments. If the full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure this default within the THIRTY (30) DAY period, you will not be required to pay the attomey's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN EXHIBIT A THE FORECLOSURE PROCEEDINGS THE NON-EXISTANCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total due, as well as the reasonable attorney's fees and cost incurred in connection with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs Sale could be held would be approximately six months from the date of this letter. A notice of the date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out any time exactly what the required payment will be by calling us at the following number: 1.800.654-1350. This payment must be in the form of certified check, cashier's check or money order and made payable to us at the address stated above. You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interests in the property. YOU 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 (YOU MAY HAVE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCE THIS MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure this default, the mortgage will be restored to the same position as if no default has occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Z)4" ( ,Sony David Smith Delinquency Control Mortgage Loan Servicing Group BLPA01 Ex"ISITA s 0 a p p F . f it North 9001 1100 Corporate Center Drive R l igh. rollna U Iv e No rthC e 7607 5066 GUY EICHELBERGER 924 ALEXANDER SPRING RD CARLISLE, PA 17013 April30, 1999 RE: FUMC Loan Number 0009599662 Property Address 924 ALEXANDER SPRIN CARLISLE, PA 17013 From: First Union Mortgage Corporation, owner and holder or agent for owner and holder for the referenced Mortgagor (s). ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1-800-3422-397. La notification en adjunto es de suma inportancia, pues afecta so derecho a continuar viviendo en su casa. Si no comprende el contenido esta notification obtenga una traduccion immediatamente Ilamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numem meniconado arriba. Puedes ser elegible pars un prestamo por el programa Ilamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir so hipoteca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS You may be eligible for financial assistance that will prevent foreclosure on your mortgage if EXHIBIT B First Union Mortgage Corporation Post p ION R aleigh, North Ca rolna2 6764MI 1100 Corporate Center Drive UN Raleigh, North Carolina 276076066 LINDA EICHELBERGER 924 ALEXANDER SPRING RD CARLISLE, PA 17013 April 30, 1999 RE: FUMC Loan Number 0009599662 Property Address 924 ALEXANDER SPRIN CARLISLE, PA 17013 From: First Union Mortgage Corporation, owner and holder or agent for owner and holder for the referenced Mortgagor (s). ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1-800-3422-397. La notification en adjunto es de sums inportancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero meniconado arriba. Puedes set elegible para un prestamo por el programa Ilamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS You may be eligible for financial assistance that will prevent foreclosure on your mortgage if EXHIBIT B you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond you control, you have a reasonable prospect of resuming you mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of you rights. Under the Act, you are entitled to a temporary stay of foreclosure of 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 a representative of the lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face to face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. Your mortgage holder is First Union Mortgage Corporation, 1100 Corporate Center Drive, Raleigh, NC 27607, telephone number 1-800-654-1350. The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to face meeting. You should advise your lender immediately of your intentions. Your mortgage is in default because you failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is 1610.00. That sum includes the following: Total of 2 monthly payment(s) from 03/01/1999 to 04/01/1999 Late Charges 1489.48 58.26 Property inspections and NSF check charges, if any 0.00 Other charges accrued, if any 62.26 LESS: Suspense (unapplied funds): -0.00 TOTAL AMOUNT OF DELINQUENCY: 1610.00 Your mortgage is also in default for the following reasons: N/A If you have tried and are unable to resolve this problem at or after your face to face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your applications must be filed or post marked, within thirty (30) days of your face-to face meeting. It is ertremely important that yon frle your application promptly. lfyou do not do .so, or iif vmu do not follow the other times periods se! forth in this loner, foreclosure may proceed against your home EXHIBIT B immediately It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision of your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call 1-800-342-2397. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called "Notice of Intention to Foreclose". You must read both notices, since they both explain your rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Sent by Regular Mail, Certificate of Mailing (PS Form 3877) Sincerely, Vauad .50f a David Smith Delinquency Control Mortgage Loan Servicing Group BLPA02 MAHIBIT B PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES A c o r a H o u s i n g Corporation 846 North Broad Street Philadelphia, PA 19130 (215) 765-1221 (215) 765-1427 (tax) Sucks, Chester, Delaware, Montgomery, Philadelphia Action Housing, Inc. Number Two Gateway Center 9th Floor Pittsburgh, PA 15222 (412) 391.1956 (412) 391-4512 (fax) Allegheny, Beaver, Butler, Fayette, Greene, Washington, Westmoreland AM Credit Counseling Institute 175 Strafford Avenue, Suite 1 Wayne. PA 19087 (610) 911-2210 (6101 687.7860 (fax) Bucks, Chester, Delaware, Montgomery, Philadelphia American Red Cross- Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637.3769 (717) 637-3294 (fax) Adams, York, Franklin Bedford-FUltcu Housing Services R.D. #1, Box 384 Everett, PA 15537 (814) 623-9129 (814) 623.7187 (fax) Bedford, Blair, Cambria, Fulton, Huntingdon, Somerset Blair County aeon opportunity council :100 6th Avenue Altoona, PA. 16602 (814) 946.3651 (814) 946.5451 (fax) Adams Booker T. Washington Center ,20 Holland Street Erie. PA 16503 (814) 453-5744 (814) 453.5749 (fax) Crawford, Erie, Warren Bucks County Housing Group, Inc. 140 E. Richardson Avenue Langhorne, PA 19047 (215) 750-4310 (215) 750-4319 (fax) Bucks Budget Counseling Center 247 Ncrth Fifth Street Reading, PA 19601 (610) 375-7866 (610) 376.6575 (fax) e er ka, C h a star, Montgomery, Schuylkill CCCS of Western Pennsylvania, Inc. 312 Chestnut Street Suite 227 Meadville, PA 16335 (814) 333-8570 Lawrence CCCS of Western Pennsylvania, Inc. Senior activity center 550 Main Street Johnstown, PA 15901 (814) 539-6335 Cambria. Somerset CCCS of Northeastern Pemsylvaaia 185 Elmira Street P.O. Box 218 Troy, PA 16947 (717) 297-2101 (717) 297-2799 (fax) Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming CCCS of Northeastern Pennsylvaaia Human Services Building 541 Wyoming Avenue, Box 168 Scranton, PA 18501 (717) 342-1072 or 800.922-9537 (717)342-8040 (fax) Bradford, Carbon, Columbia, Lackawanna, Luzerne, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Susquehanna, Tioga, Wayne, Wyoming CCCS of western Pennsylvania, Inc. 1 North Gate Square #2 Garden Center Drive Greensburg, PA 15601 (412) 838-1290 Payette, Greene, Indiana, Somerset, Washington, Westmoreland CCCS of Delaware valley 1515 Market Street Suite 1325 Philadelphia, PA 19107 (215) 563-5665 (215) 864-2666 (fax) Sucks, Chester, Delaware, Mcntgo, Philadelphia CCCS of western Pennsylvania, Inc. 309 Smithfield St. Pittsburgh. PA 15222 (4'2) 471-7584 Allegheny CCCS of Northeasters Pennsylvania 17 Crafton Street Wellsborc, PA 16901 (717) 724.5252 (717) 724-5793 (fax) Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming CCCS of Western Pennsylvania, Inc. 500-02 3rd Avenue P. O. Box 278 Duncansvilla, PA 16635 (814) 696.3546 Armstrong, Bedford, Blair, Cambria, Cameron, Contra, Clearfield, Huntingdon, Juniata, Mifflin, Onion CCCS of Northeastern Pemsylvasia 31 W. Market Street Wilkes-Barre, PA 18702 (717) 821-0837 or 800-922-9537 (717) 821.1785 (fax) Bradford, Carbon, Columbia, Lackawanna, Luzerne, Lycoming, Monroe, Montour, Northumberland, Pike, Sullivan, Susquehanna, T109a, Wayne, Wyoming CCCS of Northeastern Pennsylvania 9 South 7th Street Stroudsburg, PA 18360 800-922.9537 (717) 420-8981 (fax) Bradford, Carbon,Mouroe, Pike, Wayne CCCS of Western Pennsylvania, Inc. 675 Chertytree Lane Uniontown, PA 15401 (412) 439-8939 Westmoreland CCCS of Western Pennsylvania, Inc. Sa E. Cherry Avenue Washington, Pa 15301 (412) 222-8292 Washington CCCS of Northeastern Pennsylvania German Street P.O. Box 389 Dushcre, PA 18614 (717) 928.9668 (717) 928-8144 (fax) Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming CCCS of Western Pennsylvania, Inc. YMCA 3u4ldin9 339 N. Washington Street Butler, PA 16001 (412) 282-7812 Butler, Clarion, Jefferson, Mercer, Venango CCCS of Lahigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 or 800.220-2733 (717) or (814) only (610) 821.0137 (fax) (610) 821-4010 (fax) Barks, Bucks, Carbon, Lancaster, Lehigh, Northampton, Schuylkill Rev 1/97 CCC9 of Western Pennsylvania, Inn. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 731.9589 (fax) Adams, Cumberland, Dauphin, Franklin, Perry, Snyder, York CCCS of Western Peansylvaaia, Inc. 971 Third Street Beaver, PA 15009 14121 774-0798 Beaver CCCS of Northeaster Pennsylvania 103 Warren Street P.O. Sax 709 Punkha=cck, PA 18657 (717) 836-Sa40 17171 936-5332 Bradford, Sullivan, Susquehanna, TSOga, Wayne, Wyoming CCCS of Northeastern Pennsylvania 931 Main Street Hcnesdale, PA 18431 (717) 253-4981 (717) 253-4a17 (fax) Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming CCCS of Western Pennsylvania, Inc. 912 South George Street York. PA 17403 (717) 845.4176 Fulton, Lancaster, York Franklin CCCS of Western PennaYlvaaia, Inc. let Federal Plaza Suite 406 North Mill Street New Castle. PA 16101 (412) 652-8074 Lawrence Commission an Economics Cpportunity of Luzerua County 163 Arher Lane Wilkes-3arre, PA 1a702 (777) 826-05.9 or 800-322-0359 (717) 329 1665 Call before fazing (717! 455-4994 (Hare'-ton, 1?17;455 5631 (fax) Ca_ before faxing ( 7 1 7) 8 3 6. 4 0 9 3 (^,rkhar_ ock) Carbon, Columbia. Luzerne, Monroe, Schuylkill, Wyoming Community Action Commission of the Capital Region 1514 Derr( Street Harrisburg, PA 17104 (717) 232-9757 (717) 234-2227 (fax) Cumberland, Dauphin, Pranklia. Perry, Snyder Community Action Development Comm 701 Dekalb Street Norristown, PA 19401 (610) 277-6363 (610) 277-2123 (fax) Montgomery Community Development Corp. of Frankfosd Group Ministry 4620 Griscom Street Philadelphia, PA 19124 (215) 744.2990 (215) 744.2012 (fax) Bucks, Chester, Delaware Philadelphia Community Action Southwest 22 West High Street Waynesburg, PA 15370 (412) 852-2891 Allegheny, Fayette, Greene, Washington, Westmoreland Community Housing Counselor, Inc. P.O. Box 244 Kennett Square, PA 19348 (610) 444.3682 (610) 444.3178 (fax) Barks, Chester, Delaware, Lancaster, Montgomery Economic Opportunity Cabinet of Schuylkill County 225 N. Centre Street Pottsville, PA 17901 (717) 622-1995 (717) 622.0429 (fax) Barks, Carbon, Lebanon, Lehigh, Luzern, Northumberland, Schuylkill Fayette Cc Community Action Agency, Inc. 137 North Beeson Avenue Uniontown, PA 15401 (412) 437.6050 or 800-427-INFO (412) 437-4418 Payette Financial Counseling Services of Franklin 31 West 3rd street Waynesboro, PA 17268 (717) 762-3285 Adams, Cumberland, Fulton, Perry Financial Services Unlimited 31 West 3rd Street Waynesboro. PA 17268 (717) 762-3285 Franklin Greater Brie community Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 (614) 456.0161 (fax) Crawford, Erie, Vena.ego, Warren Hispanic Assoc, of Contractors/Enterprisea 2921-27 North 5th Street Philadelphia, PA 19133 (215) 744-2990 (215) 744.2012 (fax) sucks, Chester, Delaware Philadelphic Housing Opportunities of Beaver County, Inc. 1501 3rd Street Beaver, PA 15009 (412) 728-7511 (412) 664-1590 (412) 728-7202 (fax) (412) 664.0873 (fax) Beaver, Butler, Lawrence Housing Opportunities, Inc. 133 Seventh Street P.O. Box 9 McKeesport, PA 15132 (412) 664-1590 (412) 664.0873 (fax) Allegheny, Beaver, Butler, Washington, Westmoreland Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 (717) 845.7934 (fax) York Housing Association of Delaware Valley 1500 walnut street suite 601 Philadelphia, PA 19102 (215) 545.6010 (215) 790-9132 (fax) Philadelphia Indiana County Community Action Program 827 Water Street, Box 187 Indiana, PA 15701 (412) 465-2657 (412) 465-5118 (fax) Armstrong, Cambria, Clearfield, Indiana, Jefferson, Westmoreland John P. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 (814) 898-1243 (fax) Crawford, Elk, Brie, Jefferson, Mcksan, Venango Keystone Economic Development Corp. 1954 Mary Grace Lane JChnatOwn, PA 15901 (8'4) 535-6556 (814) 539-1688 (fax) Bedford, Blair, Cambria, Clearfield, Indiana, Somerset, Westmoreland Lycoming-Clinton Counties Commission for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, PA 17703 (7171 326-0587 (7.7) 3:2-2'37 (fax) Centre, Clinton, Lycoming, Union Media Pellowship House 302 S. Jackson Street Media, PA 19063 (610) 565-0846 Chester, Delaware, Montgomery, Philadelphia Media Fellowship House 658 North Watts Street Philadelphia, PA 19123 (215) 978.0224 (215) 765-7614 (fax) Philadelphia Non-Valley Unemployed Committee 120 E. 9th Avenue Homestead, PA 15120 (412) 462-9962 (412) 462-9964 (fax) Allegheny, Beaver, Butler, Payette, Greene, Washington, Westmoreland Northern Tier Community Action Corp. P.O. Box 389 135 West 4th street Emporium, PA 15834 (814) 486-1161 (814) 486.0825 (fax) Cameron, Elk, McKean, Potter Philadelphia Council for Community Advancement 100 North 17th Street Suit 600 Philadelphia, PA 19103 (215) 567-7803 (215) 961-9941 (fax) Chester, Delaware, Montgomery, Philadelphia Shenango valley Orb= League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981.5310 Crawford, Lawrence, Mercer Tableland Services, Inc. 131 North Center Avenue Scmerset, PA 15501 (814) 445-9628 (814) 443-3690 (fax) Bedford, Cambria, Fayette, Somerset, Westmoreland Tabor Community Services, Inc. 439 E. King Street Lancaster, PA 17602 (717) 397-5182 or 800-788-5062 (H.O. only) (717) 399-4.27 (fax) Chester, Lancaster, Labanca The Trehab Center of Northeastern PA 7 Lake Avenue. Box 339 Montrose, PA 18801 (717) 278.3338 or 800-982-4045 (717) 278-1389 (fax) Bradford, Sullivan, Susquehanna, Tinge, Wayne, Wyoming Urban League of Pittsburgh, Inc. Building For Equal Opportunity One Smithfield Street Pittsburgh, PA 15222-2222 (412) 221.4802 (412) 261.5207 (fax) Allegheny Urban League of MatroPolltam Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234.5925 (717) 234.9459 (fax) Perry Urban League of 2Marropolitan Harrisburg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 (717) 234-9459 Cumberland, Dauphin. Franklin, Snyder Warren-Forrest Counties Economic Opportunity Council 204 Liberty Street P.O. BOX 547 Warren, PA 16365 (814) 726-2400 (814) 723.0510 (fax) Forest, Warram Weatheriration office 917 Mifflin Street Huntingdon, PA 16652 (814) 643-2343 Bedford, Blair, Fulton, Huntingdon, Juniata, Mifflin, Perry YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243.3818 (717) 731-9589 (fax) Cumberland, Franklin, Perry Rev 1/97 EXHI ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania more particularly bounded and described in accordance with a Survey by Stephen G. Fisher, R.S. dated November 4, 1976 (revised) as follows: BEGINNING at an iron pin on the Northern dedicated right-of-way line of the Alexander Spring Road (T-467) a 33 foot right-of-way said iron pin being also at the Southeast corner of Lot No. 6 of the hereinafter mentioned Plan of Lots; thence along the dividing line of Lots No. 5 and 6 North 36 degrees, 56 minutes, 26 seconds West 302.85 feet to an iron pin; thence along the Northern line of Lot No. 6 North 31 degrees, 21 minutes, 40 seconds East 96.63 feet to an iron pin at the corner of Lots Nos. 6 and 7; thence along the dividing line of Lots Nos. 6 and 7 South 58 degrees, 38 minutes, 20 seconds East 295 feet to an iron pin on the Northern dedicated right-of-way line of Alexander Spring Road (T-467); thence along said right-of-way line South 31 degrees, 21 minutes, 40 seconds West a distance of 120.82 feet to an iron pin; thence continuing along same right-of-way line in an arc with a radius of 290.0 feet a distance of 89.18 feet (erroneously described as 82.35 feet in prior Deed) to an iron pin, the point and place of beginning. BEING Lot No. 6 of the Plan of Lots of Dickinson Farms recorded in the Cumberland County Recorder of Deeds Office in Plan Book 29 page 41. PREMISES: 924 ALEXANDER SPRING ROAD VERIFICATION FRANK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of IS Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. DATE: (?/Ltz 000L•E99 (9IZ) ZOt6l Md'e144!ePe1!4d eze!d 18100 uuad Oml 006 epS mHdawwwimu s 00&29,"00 TUE 18:83 FAX 21S8231034 FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. I. D. No. 12248 Suite 900/Two Penn Center Plaza Philadelphia, PA 19102-1*799 (215) 563.7000 CST, INC. First Union Mortgage Corporation, s/b/m to Signet Mortgage Corporation vs. MAR o 1 200y, ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND COUNTY No. 99-3995 CIVIL G. Franklin Eichelberger, a/k/a Guy Franklin Eichelberger, a/k/a Guy Eichelberger and Linda Marie Eichelberger, a/k/a Linda M. Elchelberger ORDER AND NOW, this t%l - day of A&Aee?. , 2000, after consideration of Plaintiffs Motion to Postpone Sheriffs Sale of the mortgaged property, it is hereby ORDERED that the said sale is extended 3 month(s) to the regularly scheduled CUMBERLAND COUNTY Sheriffs Sale dated JUNE 72000. No further advertising or additional notice to lienholder or defendant(s) is required. BY THE Cgtl J. FEB-29-2000 17:46 2159231034 P.02 R1002 00 MaR -1 A;1 n, 98 CU;,trti;d•:.i ;.;vUf::N PEidt??51'Ll!?'v?l!A pc,,4,, 02/29/00 TUE 18:34 FAY 2159231034 FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. I.D. No. 12248 Suite 900/Two Penn Center Plaza Philadelphia, PA 19102-1799 (215) 563-7000 First Union Mortgage Corporation, s/b/m to Signet Mortgage Corporation vs. G. Franklin Eichelberger, a/k/a Guy Franklin Eichelberger, a/k/a Guy Eichelberger and Linda Marie Eichelberger, a/k/a Linda M. Elchelberger MOTION FOR POSTPONEMENT OF SHERIFF'S SALE 0 003 Griot"7ai.Q n o n Z 7 rn j r C N C M Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for a 3 month postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for MARCH 1. 2000. 2. Plaintiff has agreed to possibly modify the mortgage, which would allow the Defendant(s) to cure the mortgage default. 3. A 3 month postponement of the Sheriffs Sale will enable Plaintiff ample time to complete negotiations. WHEREFORE, Plaintiff respectfully requests that the Sheriffs Sale of the mortgaged premises be continued to JUNE 7. 2000. Federman and Phelan Attorn y FEB-29-2000 17:46 2159231034 7111 CST. INC. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND COUNTY No. 99-3995 CIVIL. ??? 4.03 02129/00 TUE 18:34 FAX 2159231034 CST. INC. 0004 .r FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. I.D. No. 12248 Suite 9001Two Penn Center Plaza Philadelphia, PA 19102-1799 (215) 563-7000 First Union Mortgage Corporation, s/b/m to Signet Mortgage Corporation vs. Court of Common Pleas Civil Division CUMBERLAND COUNTY No. 99-3995 CIVIL G. Franklin Eichelberger, a/k/a Guy Franklin Eichelberger, a/k/a Guy Eichelberger and Linda Marie Eichelberger, a/k/a Linda M. Elchelberger PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case sub judicia, a Sheriffs Sale of the mortgaged premises has been scheduled for MARCH 1. 2000. However, a 3 month postponement is requested to allow Plaintiff and Defendant time to complete negotiations. Inasmuch as the postponement will inure to the benefit of the Defendant(s), Defendant(s) will not be injured by the granting of the relief requested. Accordingly. Plaintiff respectfully requests a _3^ month continuance of the Sheriffs Sale of the mortgaged premises to the JUNE 7, 2000 Sheriffs Sale. Respectfully submitted: FEB-29-2000 17:47 Federman and Phelan ATTORNEY FOR PLAINTIFF for-Pllaipfiff ,( I?? P.04 02/29/00 TUE 18:34 FAX 2159231034 CST. INC. ra VERIFICATION Frank Federman, Esquire, hereby states that he is the attorney for the plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Motion for Postponement of Sheriffs Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: zoos FEB-29-2000 17 47 2159231034 P.05 n ? ? d 1 V IL First Union Mortgage Corporation SB/M In the Court of Common Pleas of To Signet Mortgage Corporation Cumberland County, Pennsylvania -vs- No. 99-3995 Civil G. Franklin Eichelberger, A/K/A Guy Franklin Eichelberger Linda Marie Eichelberger A/K/A Linda M. Eichelberger R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 18.05 Posting Bills 15.00 Advertising 15.00 Law Library .50 County 1.00 Mileage 3.10 Certified Mail 1.60 Levy 15.00 Postpone Sale 40.00 Surcharge 24.00 Law Journal 278,75 Patriot News 455.06 Share of Bills 23.63 $ 920.69 Pd By Atty 04/04/00 So answers: Sworn and subscribed to before me R. Thomas Kline, Sheriff This / 7 '-day of 4 2000, A.D.?,? t? BY Prothonotary Real Estate Deputy P11., gy4LC FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Vs. CIVIL DIVISION G. FRANKLIN EICHELHERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER NO. 99-3995 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: G. FRANKLIN EICHELHERGER, September 4, 1999 A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 924 ALEXANDER SPRING ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on DECEMBER 8. 1999 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $67,600.94 obtained by FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION (the mortgagee) against you. If the sale is postponed, the property will be relisted for the MARCH 1. 2000 Sheriff's Sale. 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 the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone t'.e sale for good cause. f 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 (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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the Sheriff and will be made available for inspection in his office. The 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania more particularly bounded and described in accordance with a Survey by Stephen G. Fisher, R.S. dated November 4, 1976 (revised) as follows: BEGINNING at an iron pin on the Northern dedicated right-of-way line of the Alexander Spring Road (T-467) a 33 foot right-of-way said iron pin being also at the Southeast comer of Lot No. 6 of the hereinafter mentioned Plan of Lots; thence along the dividing line of Lots No. 5 and 6 North 36 degrees, 56 minutes, 26 seconds West 302.85 feet to an iron pin; thence along the Northern line of Lot No. 6 North 31 degrees, 21 minutes, 40 seconds East 96.63 feet to an iron pin at the comer of Lots Nos. 6 and 7; thence along the dividing line of Lots Nos. 6 and 7 South 58 degrees, 38 minutes, 20 seconds East 295 feet to an iron pin on the Northern dedicated right-of-way line of Alexander Spring Road (T-467); thence along said right-of-way line South 31 degrees, 21 minutes, 40 seconds West a distance of 120.82 feet to an iron pin; thence continuing along same right-of-way line in an arc with a radius of 290.0 feet a distance of 89.18 feet (erroneously described as 82.35 feet in prior Deed) to an iron pin, the point and place of beginning. BEING Lot No. 6 of the Plan of Lots of Dickinson Farms recorded in the Cumberland County Recorder of Deeds Office in Plan Book 29 page 41. TITLE TO SAID PREMISES IS VESTED IN G. Franklin Eichelberger and Linda Marie Eichelberger, his wife by Deed from John M. Shearer and Rebecca S. Shearer, his wife and Jay A. Galloway and Patricia D. Galloway, his wife dated 1/28/83 recorded 2/1/83 in Deed Book B-30 page 3. rr v FIRST UNION MORTGAGE CORPORATION, S/B/M TO SIGNET MORTGAGE CORPORATION VS. G. FRANKLIN EICHELBERGER, A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER LINDA MARIE EICHELBERGER, A/K/A LINDA M. EICHELBERGER CUMBERLAND COUNTY . COURT OF COMMON PLEAS . CIVIL DIVISION NO. 99-3995 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No 1) CORPORATION , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 924 ALEXANDER SPRING ROAD CARLISLE PA 17013. 1. Name and address of Owner (s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) G. FRANKLIN EICHELBERGER A/K/A GUY FRANKLIN EICHELBERGER, A/K/A GUY EICHELBERGER 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 LINDA MARIE EICHELBERGER. 924 ALEXANDER SPRING ROAD A/K/A LINDA M. EICHELBERGER CARLISLE. PA 17013 CARLISLE, PA 17013 2. Name and address of Defendant (s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE hr .. 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) PENNSYLVANIA HOUSING 2101 NORTH FRONT STREET FINANCE AGENCY HARRISBURG, PA 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) j * i? 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY 924 ALEXANDER SPRING ROAD CARLISLE, PA 17013 13 NORTH HANOVER STREET CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 4, 1999 DATE F K FEDERh , ESQUIRE At rney for .Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-3995 CIVIL 19 _ COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due First Union Mortgage Corporation, S/B/M To Signet Mortgage Corporation PLAINTIFF(S) from G. Franklin Eichelberger, A/K/A Guy Franklin Eichelberger, A/K/A Guy Eichelberger Linda Marie Eichelberger, A/K/A Linda M. Eichelberger (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 detendant(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 property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify h1m/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due // $67,600.94 //// Interest f(Per9biem9-t0$11211)99 $1,033.23 Arty's Comm Atty Paid $115.10 Plaintiff F Date: September 8, 1999 L.L. $.50 DueFrothy _ $1.00 Other Costs Curtis R. Prothonotary, Civil Division REOUESTING PARTY: Name Frank Federman, Esq. Address: Two Penn Center Plaza Suite 900 Philadelphia, PA 19102 Attorney for: Plaintiff by: Deputy Telephone: (215) 563-7000 Supreme Court ID No. 12248 REA"', L??iATL LL 1W. Un 9 99Q the shrriif i6! i^;; interast in the real property situated inB1L J '' Cumberland County, Pa., kno•ryn and nu,n?ered as: f g ? 42,a?-- and more full; descrWed on Exhibit "A" filed +ith this writ and by this reference incorporated herein. Date:C?GG?s? g??t ?y?d?c?e.? C;R ci-ra 0 GE7 Guy O (n =f: a: ? o ??r, S sp n ca s.- .<•? co MAY -421 FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF First Union Mortgage Corporation, SB/M To Signet Mortgage Corporation Plaintiff VS. G. Franklin Eichelberger, A/K/A Guy Franklin Eischelberger, A/K/A Guy Eichelberger Linda Marie Eichelberger A/K/A Linda M. Eichelberger Cumberland County Court of Common Pleas CIVIL DIVISION NO. 99-3995 Civil Defendant(s) ORDER TO SATISFY JUDGMENT AND NOW, this day of OAAO , 1999, after consideration of Plaintiff s Motion to Satisfy Judgment, it is hereby ORDERED AND DECREED that the judgment entered on G. Franklin SATISFY without prejudice. in the amount of $67.60 0 4 is BY TPE COURT: J. . r Jr. J 'O O 9 KS F-11 or -, TnRv l ?i P ; iJi ?Y Piz. ?YLl+;1d1', FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215)563-7000 ATTORNEY FOR PLAINTIFF First Union Mortgage Corporation, : Cumberland County SB/M To Signet Mortgage Corporation Plaintiff : Court of Common Pleas VS. CIVIL DIVISION G. Franklin Eichelberger, A/K/A Guy Franklin Eischelberger, : NO. 99-3995 Civil A/K/A Guy Eichelberger Linda Marie Eichelberger Defendant(s) MOTION TO SATISFY JUDGMENT Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for an Order to vacate judgment in the above captioned matter and in support thereof avers the following: 1. Judgment was entered in favor of Plaintiff in this mortgage foreclosure on G. Franklin Eichelberger, A/K/A Guy Franklin Eischelberger, A/K/A Guy Eichelberger and Linda Marie Eichelberger A/K/A Linda M. Eichelberger in the amount of $67,600.94. 2. Plaintiff desires to Satisfy the judgment entered due to Defendant(s)' account being paid off. 3. Plaintiff petitions the Court to satisfy the judgment described above without prejudice. WHEREFORE, Plaintiff respectfully requests that thejudgment be vacated without prejudice. FEDERMAN AND PHELAN By: ank Feder an, Esq. Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA. SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF First Union Mortgage Corporation, : Cumberland County S/B/M To Signet Mortgage Corporation Plaintiff : Court of Common Pleas VS. CIVIL DIVISION G. Franklin Eichelberger, A/K/A Guy Franklin Eischelberger, : NO. 99-3995 Civil A/K/A Guy Eichelberger Linda Marie Eichelberger A/K/A Linda M. Eichelberger Defendant(s) PLAINTIFF'S MEMORANDUM OF LAW Plaintiff petitions this Honorable Court for an order to satisfy judgment entered on G. Franklin Eichelberger, A/K/A Guy Franklin Eischelberger, A/K/A Guy Eiellelberger and Linda Marie Eichelberger, A/K/A Linda M. Eichelberger. I'laintiff desires to satisfy the judgment entered due to Defendant(s)' account being paid off. The instant request for relief is, therefore, brought before thejudge of motion court for disposition. Accordingly, Plaintiff respectfully requests an Order Satisfying judgment without prejudice. Respectfully submitted, FEDERMAN AND P 'LAN ra k Fedenn , Esq. Attorney for Plaintiff' VERIFICATION Frank Federman, Esquire, hereby states that he is the attorney for Plaintiff in the instant action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Satisfy Judgment are true and correct to the best of his knowledge, information and belief. The undersigned also understands that his statement herein is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Frank ederman, Esq. Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF First Union Mortgage Corporation, S/B/M To Signet Mortgage Corporation Plaintiff VS. G. Franklin Eichelberger, A/K/A Guy Franklin Eischelberger, A/K/A Guy Eichelberger Linda Marie Eichelberger A/K/A Linda M. Eichelberger Defendant(s) Cumberland County : Court of Common Pleas : CIVIL DIVISION : NO. 99-3995 Civil CERTIFICATION OF SERVICE Frank Federman, Esquire, hereby states that he is the attorney for Plaintiff in this action and that a true and correct copy of the within pleading was sent to the following interested parties on the date indicated below by first class mail, postage prepaid: G. Franklin Eichelberger, A/K/A Guy Franklin Eischelberger, A/K/A Guy Eichelberger and Linda Marie Eichelberger, A/K/A Linda M. Eichelberger Date: 5 / qx.4W Frank ederman, Esq. Attorney for Plaintiff ,. co ti c U Lu ( '' V c _) .. C, i C '. ?IJ7: ?.I M •?" ' fl C7 rJ