HomeMy WebLinkAbout02-1983
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CABRICO ENTERPRISES,
Plaintiff
IN THE COURT OF COMMO~ PLEAS OF
CUMBERLAND COUNTY, PE~NSYLV ANIA
v.
DAVID M. EICHELBERGER and
SUSAN S. EICHELBERGER,
Defendants
NO, ()~- ,q&:"<,
CIVIL TERM
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ACTION IN MORTGAGE FOnCLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forlh in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served, byl entering a written
appearance personally or by attorney and filing in writing with the Court your defenses or Objectio~s to the claims set
forth against you, You are warned that if you fail to do so the case may proceed without you and ~ judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint or tpr any other claim
or relief requested by the Plaintiff, You may lose money or property or other rights important to yqu.
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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 FO~TH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP. i
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CUMBERLAND COUNTY BAR ASSOCIA nON
2 Liberty A venue
Carlisle, PA l7013
(717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expue tas en las paginas
siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Us ed debe presenter
una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defense 0 sus objeciones
alas demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medi as y puede entrar
una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de
demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted.
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LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE~BOGADO 0 SI
NO TIENE EL DINERO SUFlCIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PA AVERIGUAR
DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. I
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty A venue
Carlisle, PA 17013
(717) 249-3166
CABRlCO ENTERPRISES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PE~"NSYL VANIA
v.
DAVID M. EICHELBERGER and
SUSAN S. EICHELBERGER,
Defendants
NO. ();)- 8 ~3
,cIVIL TERM
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ACTION IN MORTGAGE FO~CLOSURE
COMPLAINT
AND NOW, this ~ day of April, 2002, comes Plaintiff, Cabr~co Enterprises,
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by and through its attorneys, Law Offices of Craig A. Diehl, and files the within ~omplaint, and
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in support thereof states the following:
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1. Plaintiff, Cabrico Enterprises, Mortgagee, is a Pennsylvania general partnership
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with its main address at 3464 Trindle Road, Camp Hill, Cumberland County,! Pennsylvania,
17011.
2. Defendants, David M. Eichelberger and Susan S. Eichelber~er, are adult
individuals who reside at 455 Lake Meade Drive, East Berlin, Adams County,! Pennsylvania,
17316.
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3. On or about August 21,2001, Defendants executed and delivered to l>laintiffanote
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and mortgage upon real estate hereinafter described to Plaintiff as Mortgagee, wrCh mortgage
is recorded in the Office of Recorder of Deeds of Cumberland County, pennsYl1ania, in Book
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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 improvements Ithereon
erected, situate in the Borough of Mechanicsburg, County of Cumberlrd and
State of Pennsylvania, more particularly bounded and described as follows, to wit:
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BEGINNING at a point at the Northwest corner of North Mark~ Street
and West Factory Street; thence along said West Factory Street, South 81 ~egrees
45 minutes West 168.5 feet to a point on the Eastern line of Railroad 4venue;
thence along said Railroad Avenue, North 12 degrees 5 minutes West 2~feet to
a post; thence along lands now or formerly of Gary P. Turpening, N rth 82
degrees 30 minutes East 125.45 feet to a point; thence by Lot No.2 on e Plan
of Lots hereinafter mentioned, South 12 degrees 5 minutes East 1.36 ti et to a
point; thence further by said Lot No.2, North 77 degrees 55 minutes Eastt,7 feet
to a point; thence further by lands now or late of said Gary P. Turpen' g and
through a party wall, North 77 degrees 55 minutes East 26.3 feet to a poin on the
Western line of said North Market Street; thence along the Western line lof said
North Market Street, South 12 degrees 5 minutes East 25 feet to the po~nt and
place of BEGINNING. .
HAVING thereon erected a two-story frame dwelling house knotn and
numbered as 301 North Market Street.
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BEING Lot No. 1 on Final Subdivision Plan for Paul E. Stare, whiph said
Plan is recorded in the Recorder of Deeds in and for said Cumberland Coj.mty in
Plan Book 30, Page 2.
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BEING the same premises which Charles H. Eichelberger and Ev~lyn G.
Eichelberger, his wife, by their deed dated June 13, 1983 and recorded J~e 14,
1983 in the Office of the Recorder of Deeds of Cumberland County, Pennsy vania,
in Deed Book F-30, Page 835, granted and conveyed unto David M. Eiche berger
and Susan S. Eichelberger, the Mortgagors herein. I
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6. The said mortgage is in default in that the monthly payments of principal and
interest amounting to $574.56, which have become due and payable on January 21, 2002, and
on the 21 st day of each month thereafter have not been made, and by the terms of said mortgage
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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.
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8. The real estate is an investment property for Defendants and De~ndants do not
reside at the property.
9. The amount due the Mortgagee on the mortgage is computed as fpllows:
(a)
Balance of principal
$68,276.42
(b)
Interest from December 22, 2001
to April 30, 2002
2,188.59
(c)
(d)
Late charges
229.84
Attorney's commissions (5.0%)
TOTAL
3.413.82
~74.108.671
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10. In accordance with provisions of the Note executed by DefendanUi, Plaintiff has
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sent to Defendants a written notice of default providing thirty (30) days to cure the
aforementioned default. No payments have been received by Plaintiff.
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WHEREFORE, Plaintiff demands judgment against the Defendants ~n the sum of
$74,108.67, plus interest from May 1, 2002, at a per diem of $16.84, and an}1 additional late
charges and costs of suit.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: April 23, 2002
By: C~J..t
Craig A. iehl, Esquire
Attorney ID No. 52801
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Attorney for Plaintiff
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CABRICO ENTERPRISES,
Plaintiff
: IN THE COURT OF COMMO~ PLEAS OF
: CUMBERLAND COUNTY, PE~"NSYLV ANIA
v.
DAVID M. EICHELBERGER and
SUSAN S. EICHELBERGER,
Defendants
NO. CIVIL TERM
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ACTION IN MORTGAGE FO~CLOSURE
VERIFICATION
I, ROBERT ROSS, Partner, Cabrico Enterprises, hereby certify and I state that the
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foregoing COMPLAINT is true and correct to the best of my knowledge, information and belief;
and that I understand that false statements herein are made subject to the penaltie~ of 18 Pa.C.S.
~4904, relating to unsworn falsification to authorities.
CABRICO ENTERPRISES
Date:
~, ~,O~
By:
~/Lr
Robert Ross, Partner
NOT E
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 p~y $68,400.00
Sixty-Eight Thousand Four Hundred and 00/100 Dollars to the order o~ the Lender,
The Lender is Cabrico Enterprises, its successors and/or assigns. ~e understand
that the Lender may transfer this Note. The Lender or anyone who taJj:es this Note
by transfer and who is entitled to receive payment under this Note ~s 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 Not~.
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 p~incipal and
interest and any other charges described below that we may owe under this Note.
Our monthly payments will be applied to interest before principal,
2004.
The unpaid principal balance will be paid in full on or befor~ August 21,
We will make our payments to the Lender at R.R. 4, Box 4609M, Spring Grove,
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 mon~hly 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 (1b.0%) of our
overdue payment of principal and interest. We will pay this late cha:rge 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 ~as not been
paid, The date must be at least 30 days after the date on which t~e notice is
delivered or mailed to us,
(C) No Waiver By Note Holder
Even if, at a time when we are in default, the Note Holder doe~ not require
u~ 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 f~r all of his
costs and expenses in enforcing this Note to the extent not ptrohibited 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 per$on who takes
over these obligations, including the obligations of a guarantor, ~urety 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 anyone of us may
be required to pay all of the amounts owed under this Note.
7 . WAIVERS
Oursel ves and any other person who has obligations under thi;s 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 have 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 iiS 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 BOlrrower
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 Not~. 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.
~~~'~ eJidt~
David M. Ei elberger,~orrower
Witness:
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Soc, See, No.
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.'Susan S. Eichelberger, Borfower
Soc. See, No.
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Witness:
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MORTGAGE
.~. LCR
~F L:'cEDS
:;CUiiTY-PA
'01 SEP 5 AfTlll 07
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 1736~, Borrower owes
lender the principal sum of Sixty-Eight Thousand Four Hundred and 00/100 Dollars ($68.4oo.~0). This debt is
evidenced by Borrower's Note dated the same date as this Security Instrument ("Note"), which pr*vides for monthly
payments, with the full debt, if not paid earlier, due and payable on August 21, 2004. This Security Instrument secures
to lender: (al the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and
modifications of the Note; (bl the payment of all other sums, with interest, advanced under paragrap~ 7 to protect the
security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements ~nder this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to l~nder the fOllowing
described properties located in Cumberland County, Pennsylvania:
SEE ATTACHEO EXHIBIT "A"
which has the address of 301 North Market Street, Mechanicsburg, PA 17055 ("Property Addre~s");
TOGETHER WITH all the improvements now or hereafter erected on the property, a~d all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions s~all also be covered
by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Pioperty,"
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed a~d has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encum~rances of record,
Borrower warrants and will defend generally the title to the Property against all claims and deman~s, 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 $hall 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 b~ lender, Borrower
shall pay to lender on the day monthly payments are due under the Note, until the Note is paid in fUI' a sum ("Funds")
for: (al yearly taxes and assessments which may attain priority over this Security Instrument as a lie on the property,
if any; (bl yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or roperty insurance
premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if anY;1 and (fl any sums
BK I 7 3 2 PG 2 7 6 4
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 req~ire 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 seq. ("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 estimllte 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 institutionl 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 an,lyzing 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 ~11 agreement is made or applicable law requires i~terest,tobe paid,
lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and l~nder may agree in
writing, however, that interest shall be paid on the Funds, lender shall give to Borrower, without ICharge, an annual
accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debitl to the Funds was
made. The Funds are pledged as additional security for all sums secured by this Security Instrumentj
If the Funds held by lender exceed the amounts permitted to be held by applicable law, lend,r shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amountlof the Funds held
by lender at any time is not sufficient to pay the Escrow Items when due, lender may so notify BorroyVer 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 r~fund to Borrower
any Funds held by lender. If, under paragraph 21, lender shall acquire or sell the Property, lender, prio\ 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 ~eceived by lender
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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 impo$itions attributable
to the Property which may attain priority over this Security Instrument, and leasehold payments or gr~und rents, if any,
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that man~er, Borrower shall
pay them on time directly to the person owed payment. Borrower shall promptly furnish to lender all rlotices of amounts
to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptlyl furnish to lender
receipts evidencing the payments,
Borrower shall promptly discharge any lien which has priority over this Security Instrument u~less Borrower; (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to len~er; (b) contests in
good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in th. lender's opinion
operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreemert satisfactory to
lender subordinating the lien to this Security Instrument. If lender determines that any part of the Rroperty is subject
to a lien which may attain priority over this Security Instrument, lender may give Borrower a notice i~entifying the lien,
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of thr giving of notice,
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5. Hazard or Property Insurance. Borrower shall keep the improvements now exitting or hereafter
erected on the Property insured against loss by fire, hazards included within the term "extended covera e" and any other
hazards, including floods or flooding, for which lender requires insurance. This insurance shall be maintained in the
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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 prolT1ptly 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 ~estoration or repair
of the Property damaged, if the restoration or repair is economically feasible and lender's security is nbt lessened, If the
restoration or repair is not economically feasible or lender's security would be lessened, the insuranc~ 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 in~urance carrier has
offered to settle a claim, then lender may collect the insurance proceeds. lender may use the prdceeds to repair or
restore the Property or to pay sums.secured-by this.security -Instrument, whether or not then due. Tha 3D.day period will
begin when the notice is given,
Unless lender and Borrower otherwise agree in writing, any application of proceeds to princirial shall not extend
or postpone the due date of the monthly payments referred to in paragraphs land 2 or change ~he 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 ~xtent of the sums
secured by this Security Instrument immediately prior to the acquisition,
6. Occupancy, Preservation, Maintenance and Protection of the Property; ~orrower's loan
Application; leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's princip~1 residence within
sixty days after the execution of this Security Instrument and shall continue to occupy the Property as ~orrower's principal
residence for at least one year after the date of occupancy, unless lender otherwise agrees in writing,lI\1hich consent shall
not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's lcontrol. Borrower
shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit wast~ on the Property.
Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal. is begun th~t in lender's good
faith judgment could result in forfeiture of the Property or otherwise materially impair the lien creat~d by this Security
Instrument or lender's security interest. Borrower may cure such a default and reinstate, as provide~ in paragraph 1 B,
by causing the action or proceeding to be dismissed with a ruling that, in lender's good faith deter~ination, precludes
forfeiture of the Borrower's interest in the Property or other material impairment of the lien create~ 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 Iwith 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 le~sehold, Borrower
shall comply with all the provisions of the lease. If Borrower acquired fee title to the Property, the lea~ehold 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 aff~ct lender's rights
in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or tq 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 hasl priority over this
Security Instrument, appearing in court, paying reasonable 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, i
Any amounts disbursed by lender under this paragraph 7 shall become additional debt of Bo~rower secured by
this Security Instrument. Unless Borrower and lender agree to other terms of payment, these amounts ~hall bear interest
from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from l~nder to Borrower
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requesting payment.
8. Mortgage Insurance. If lender required mortgage insurance as a condition of maki~g the loan secured
by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insujance 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 iby 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 ir\surer 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 accordanc~ with any written
agreement between Borrower and lender or applicable law.
9. Inspection. lender or its agent may make reasonable entries upon and inspectio~s of the Property,
Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause ifor 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 taki~g of the Property
in which the fair market value of the Property immediately before the taking is equal to or greater t~an the amount of
the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multipli~ by the following
fraction: tal the total amount of the sums secured immediately before the taking, divided by (b) the f~ir market value of
the Property immediately before the taking. Any balance shall be paid to Borrower, In the event of II 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 writing 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 lifter the date the
notice is given, Lender is authorized to collect and apply the proceeds, as its option, either to restorati~n 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 princip,1 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 a~y right or remedy
shall not be a waiver of or preclude the exercise of any right or remedy, '
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. T~e covenants and
agreements of this Security Instrument shall bind and benefit the successors and assigns of lender and ~orrower, subject
BK I 7 3 2 PG 2 7 6 7
'.
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; lbl is not personally
obligated to pay the sums secured by this Security Instrument; and (c) agrees that lender and any o~her Borrower may
,
agree to extend, modify, forbear or make any accommodations with regard to the terms of this SecuriW 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 ot to be collected in
connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be redu~ed by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borro~er 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 Igiven by delivering
it or by mailing it by first class mail unless applicable law requires use of another method. The notiqe shall be directed
to the Property Address or any other address Borrower designates by notice to lender. Any notice to l,nder shall be given
by first class mail to lender's address stated herein or any other address lender designates by notice Ito Borrower, Any
notice provided for in this Security Instrument shall be deemed to have been given to Borrower or le~der when given as
provided in this paragraph,
15. Governing Law; Severability. This Security Instrument shall be governed by feder~llaw and the laws
of the jurisdiction in which the Property is located. In the event that any provision or clause of this ~ecurity Instrument
or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Securit~ 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 an~ of this Security
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any palrt of the Property
or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred aOd Borrower is not
a natural person I 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 sh~1I provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pa~ 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, Bqrrower shall have
the right to have enforcement of this Security Instrument discontinued at any time prior to the earlierl of: (al 5 days (or
such other period as applicable law may specify for reinstatement) before sale of the Property pursuan~ to any power of
sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. I Those conditions
are that Borrower: {al pays lender all sums which then would be due under this Security Instrument nd 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 (dl akes such action
as lender may reasonably require to assure that the lien of this Security Instrument shall continue nchanged. Upon
reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain f lIy effective as if
Sf( I 7 3 2 PG 2 7 6 8
"
"
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 applicable !Iaw,
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, di~posal. storage, or
release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone ~Ise to do, anything
affecting the Property that is in violation of any Environmental law. The preceding two sentences sh.1I 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, law~uit or other action
by any governmental or regulatory agency or private party involving the Property and any Hazar~ous Substance or
Environmental law of which Borrower has actual knowledge, If Borrower learns, or is notified by a~y 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 ~oxic or hazardous
substances by Environmental law and the following substances: gasoline, kerosene, other flammable ~r toxic petroleum
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehy~e, 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 fol!ows:
21. Acceleration; Remedies. lender shall give notice to Borrower prior to acceleration fo'lowing 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 def~ult; (bl the action
required to cure the default; (cl when the default must be cured; and (dl that failure to cure the defaull as specified may
result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceedi~g and sale of the
Property. lender shall further inform Borrower of the right to reinstate after acceleration and the rig~t 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 parag~aph 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 SecurilY Instrument and
the estate conveyed shall terminate and become void. After such occurrence, lender shall discharg~ 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 fut~re laws providing
for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead e,emption.
,
,
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall ~xtend to one hour
prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instnjment.
BK , 7 3 2 PG 2 7 6 9
.~ . .
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 be 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.
Witness:
BORROWER
~ ,~M t.l:tf~ ....~.
DAVID M. EICHELBERGER .'
~"~ ~tL';--c......,.{ r~ \"...-);: 'i-t(~{ ~A./~ "../-;
Witness:
BORROWER
. ~',
,_ "':'c. {..(. '~/~J!l
,,,r,
.'L.l ~_ ~:.<c-
~'-"/7
/
, /
I> _ h--; "
SUSAN S. EICHELBERGER
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
On this 21st of August, 2001, before me, the undersigned officer, personally appeared Davi~ 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.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
-.
NOTARIAL SEAL
HELEN E. RASMUSSEN, Notary Public
Camp Hill Borough, Cumberland County
My Commission Expires Aug, 2. 2003
'------...
/ c-./~ /'/)
/~ i/ ~>- /-/
.o.-J/J1!.-, C.t----
NOTARY 'pUBLIC
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
~~R~.lr,),~l eiL.t{~ l
Agent for' ortgagee '
BK I 7 3 2 PG 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 Railr$ad 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 $n the Plan of Lots
hereinafter mentioned, South 12 degrees 5 minutes East 1.36 feet to a point; thence further by said ~ot 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 Nqrth Market Street;
thence along the western line of said North Market Street, South 12 degrees 5 minutes East 25 fe~t to the point and
place of BEGINNING.
HAVING THEREON ERECTED a two.story frame dwelling house known and numbered as 3Dl 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.
E X H I BIT "A"
1 Certif\1 tl
m LumbcTl
'je recorded
ounty P A
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.
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BKI 7 3 2 PG 2 7 7 I
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-01983 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CABRICO 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
in his bailiwick, He therefore
deputized the sheriff of ADAMS
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On May
3rd , 2002 , this office was in receipt of the
attached return from ADAMS
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Adams Co
18,00
9,00
10,00
39,30
.00
76.30
05/03/2002
CABRICO ENTERPRISES
'O~~,,7
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this /7tf' day of7M;
;).{JO .:L-
A.D.
CJuf'
() j1,.,.dh...<-/ ~
prothonot:a y
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-01983 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CABRICO 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 May
3rd , 2002 , 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
05/03/2002
CABRICO ENTERPRISES
~~
R, Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this /'1~ day Of~
,J1ffJ,L A.D,
q,"~ () "'nt<.i'i,. ~
'f Prothonotary
In The Court of Common Pleas of Cumbe:rland County, Pennsylvania
Cabrico Enterprises
vs.
David M. Eichelberger et al
David M. Eichelberger
No.
02
19J~
~ civil
SERVE :
Now, April 24
, 20~, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Adans
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff,
. .~~ -~~~
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
,20 ,at
o'clock
M, served the
within
upon
at
by handing to
a
copy of the original
and made !mown to
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. Eichelberger et al
Susan S. Eichelberger
No,
02
,qg3
~ civil
SERVE :
Now, April 24
, 20 ~ I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Adams
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
. ..~~ ~~~c1
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
,20_,at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDA VIT
$
$
1. THE COURT OF COMBON PLEAS OF ADAMS COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
CABRICO ENTERPRISES,
Plaintiff
NUHBER: 02-1983 Civil Tenn
:
:
:
VS
DAVID M. EICHELBERGER and
SUSAN S. EICHELBERGER,
Defendants
:
ACCEPTANCE OF SERVICE
1 accept service of the
fi) A..e. L. l.- 0 g Li/2.-<L.-
(ou behalf of '])/.fI.I/f);Vi. b,cl-..t=r..-[3t=:JL.?67L
Co""j/L.A(~r /;V """ 0>'2. TC;r1bC:
.
'S5 ~
~
A~ /)n/.-.e. f::a.cf
Hailiug address
so).
aud certify that
i/Z'7/oZ-
(Date)
ageut
7~/(,
rr
-,
~-Q-
MASON DIXON BUSINESS FORMS, INC.
DATE RECEIVED
DATE PROCESSED
SHERIFF'S DEPARTMENT
ADAMS COUNTY , PENNSYLVANIA
COURTHOUSE,GETTYSBURG,PA17325
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
THE SHERIFF" on the reverse of the last (No.5) copy ollhis form. Please
type or print legibly, insuring readability of all copies.
Do not detach any copies. ACID ENV.,
2. COURT NUMSER
02-1983 Civil Term
1. PLAINTIFF/S/
CARRICO ENTERPRISES
3. DEFENDANTISI 4. TYPE OF WRIT OR COMPLAINT:
DAVID M. EICHELBERGER and SUSAN S. EICHELBERGER Complaint in Mortgage Foreclosure
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
.
David M. eichelberger and Susan S. Eichelberger
AT
6. ADDRESS (Street or RFO, Apartment No., City, Boro. Twp., State and ZIP CODE)
455 Lake Meade Drive, East Berlin, PA
7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT, MAIL 0 REGISTERED MAIL 0 POSTED 0 OTHER
Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law, This deputation being
made at the request and risk of the plaintiff,
SHERIFF OF ADAMS COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
NOTE ONt Y APPLICABLE ON WAIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or anaching any property under within writ may 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 such deputy or the sheriff to
any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE
:l!i PLAINTIFF
Craig A. Diehl, Esq. 0 DEFENDANT (717) 763-7613
SPACE BEl( W FOR USE OF SHERIFF ONLY DO NOT WRIT!; BELOW THIS LINE
12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 113. Date Received 114. Expiration I Hearing date
or complaint as indicated above.
15. I hereby CERTIFY and RETURN that I K have personally served, 0 have served person in charge, 0 have legal evidence of service as shown in "Remarks" (on reverse)
o 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.nd ATTESTED copy therof.
16. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below)
17, Name and .Kla of individual served Susan S. Eichelberger se~~~son~.I! aDd 1a. A,.,ooo of .ultoble... '"' "","10, Reed Order
acce ted service for David M. Eicbelber er (SEE <F CE) ~::'.':"'~'l!l.de"n'.nt',",",,1 0
19. Address of where served (complete only if different than shown above) (Street or RFO, Apartment No., City, Bora, Twp., 20. Date of Service 21. Time
State and ZIP CODE)
Sheriff's Office, Adams Co. Courthouse, Gettysburg, PA 17325
4/29/2002
9:20AM
25.
Mil" Dep,lnt,
f #36408
27. Total Costs
$39.30 Pd. 5/1/02
Dap,lnt,
22. ATTEMPTB
Dep,lnt, Date
28JC01lUllmlHl REFUND
$110.70 Ck. #7250
SO ANSWER,
AFFIRMED and aubacrlbad '0 bafora ma thla A
day of
(Jft(MXDep. Sheriff) (PIeue Print or Type)
Mi ael J. Cook
S!tl!eture of Sheriff
RAYMJND W. NEWMAN
Data
4/29/2002
oar:
4 29/2002
__--.. Public
SHERIFF OF ADAIIS COUNTY
MY COMMISSION EXPIRES
I ACKNOWLEDGE RECEIPT OF THE SIlIRIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
39. Date Received
PROTHONOTARY
.'
CABRlCO ENTERPRISES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 02-1983 CIVIL TERM
DAVID M. EICHELBERGER and
SUSAN S. EICHELBERGER,
Defendants
: ACTION IN MORTGAGE FORECLOSURE
PRAECIPE TO PROTHONOTARY FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter judgment in favor of the Plaintiff and against the Defendants above-named for failure
to file an answer, and assess the Plaintiff's monetary damages in the amount of $74,108.67,
It is certified that a written notice of intention to file this praecipe was mailed to the
Defendants against whom judgment is to be entered and to their attorney, if any, after the default
occurred and at least 10 days prior to the date of the filing of this praecipe,
LAW OFFICES OF CRAIG A. DIEHL
By:
C~,lSi.L
Craig A. iehl, Esquire
Attorney ID No, 52801
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Counsel for Plaintiff
Judgment entered and damages assessed as above,
Date: jZJf /5 ,;<tJ!;J..<
Prothonotary
,.
CABRICO ENTERPRISES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 02-1983 CIVIL TERM
DAVID M. EICHELBERGER and
SUSAN S. EICHELBERGER,
Defendants
ACTION IN MORTGAGE FORECLOSURE
TO: David M. Eichelberger
455 Lake Meade Drive
East Berlin, P A 17316
DATE OF NOTICE: May 29, 2002
IMPORTANT NOTICE
YOU ARE IN DEF AUL T 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 DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARlNG AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RlGHTS, YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle,PA 17013
(717) 249-3166
LAW OFFICES OF CRAIG A, DIEHL
By: 9:1(1 tr~J.l
Craig ,Diehl, Esquire
Attorney ID No, 52801
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
.
CABRICO ENTERPRISES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 02-1983 CIVIL TERM
DAVID M. EICHELBERGER and
SUSAN S. EICHELBERGER,
Defendants
ACTION IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
AND NOW, this 29th day of May, 2002, the undersigned hereby certifies that a true and
correct copy of the foregoing IMPORTANT NOTICE was served upon the opposing party by
way of United States first class mail, postage prepaid, addressed as follows:
David M. Eichelberger
455 Lake Meade Drive
East Berlin, P A 17316
LAW OFFICES OF CRAIG A. DIEHL
B~ dIE?
Helen E, Rasmussen, Legal Assistant
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
.
CABRICO ENTERPRISES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 02-1983 CIVIL TERM
DA vm M. EICHELBERGER and
SUSAN S. EICHELBERGER,
Defendants
ACTION IN MORTGAGE FORECLOSURE
TO: Susan S. Eichelberger
455 Lake Meade Drive
East Berlin, PA 17316
DATE OF NOTICE: May 29, 2002
IMPORTANT NOTICE
YOU ARE IN DEF AUL T 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 DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
LAW OFFICES OF CRAIG A, DIEHL
By: C-",t:l tr:,lL
Craig 1/, Diehl, Esquire
Attorney ID No, 52801
3464 Trindle Road
CampHill,PA 17011
(717) 763-7613
CABRICO ENTERPRISES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
DAVID M. EICHELBERGER and
SUSAN S. EICHELBERGER,
Defendants
NO. 02-1983 CIVIL TERM
ACTION IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
AND NOW, this 29th day of May, 2002, the undersigned hereby certifies that a true and
correct copy of the foregoing IMPORTANT NOTICE was served upon the opposing party by
way of United States first class mail, postage prepaid, addressed as follows:
Susan S, Eichelberger
455 Lake Meade Drive
East Berlin, P A 17316
LAW OFFICES OF CRAIG A. DIEHL
By;
~
Helen E, Rasmussen, Legal Assistant
3464 Trindle Road
Camp Hill, PA I701I
(717) 763-7613
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CABRICO ENTERPRISES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 02-1983 CIVIL TERM
DAVID M, EICHELBERGER and
SUSAN S. EICHELBERGER,
Defendants
: ACTION IN MORTGAGE FORECLOSURE
PRAECIPE TO DISCONTINUE
iTO THE PROTHONOTARY:
Kindly mark the above-captioned proceeding satisfied, discontinued, settled, and ended with
prej udice.
LAW OFFICES OF CRAIG A, DIEHL
lpated: May 6, 2005
By:
~~o ~d
Craig . Diehl, squire, CPA
Attorney ID No, 52801
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763-7613
Counsel for Plaintiff
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