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HomeMy WebLinkAbout00-06162 ~~ ~-~. ~ -' , '-""~ A ~,~ -- WI: c FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPH!;"\ PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION SUNTRUST MORTGAGE, INe., F/KJA CREST AR MORTGAGE CORPORATION 1001 SEMMES AVE, RICHMOND, V A 23224-2243 TERM Plaintiff v, NO. 00 - (./~~ Ct'vi-C ~~ CUMBERLAND COUNTY DAVID E. CLUCK KELLYL. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT I-lOLLY SPRlNGS, PA ] 7065 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORIVIA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A D!cBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Yon have been sued in Court. IfYOll wish to defend against the claims set forth in the following pages, you l11ustlC1ke action within twenty (20) days after this Complaint and Notice are served, by entering a wrii1en 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 LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BaOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan#: 0107355158 . ,~< ' ", '~,,~, <',' .' 'b "--!i" 1. PI8intiff is SUNTRUST BANK, INC" F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVE, RlCHMOND, VA 23224-2243 2, The n3mo(s) and last known address (es) of the Defendant(s) are: DAVID E CLUCK KELLYL CLUCK 204 MOUNTAIN VIEW ROAD MOUNT I-lOLLY SPRINGS, PA 17065 who is/arc the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3, On 11/1 0/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS FIRST FEDERAL CREDIT UNION which mortg8ge is recorded in the Office ofthe Recorder of CUMBERLAND County, in Mortgage Book No, 1416, Page 985. By Assignment of Mortgage dated 11110/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage BookNo. 562, Page 377. 4. The premises sltbjeet to said mortgage is described as attached, 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage clue 12/1/99 and each month thereafter are due and unpaid, and by the terms of saicl mort,'age, 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 collec,ible fOlihwith, A copy of such notice is attached as Exhibit "A." . t.., . ," .. _r ,~ L.b_ 6, The following amounts are due on the mortgage: Principal Balance Interest ] 1/1/99 through 8/1/00 (Per Diem $1798) j\ltorney's Fees Ccilnulative Late Charges ] 1/10/97 to 8/1/00 Cost of Suit and Title Search Subtotal $97,206.96 3,847.72 4,000.00 193.20 550.00 $105,797.88 Escrow Credit Deficit Silbtotal 0.00 165.64 165.64 TOTAL $105,963.52 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvilnia Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the MOligage 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 S50,000,OO. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P,S, S1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated hecause either: (i,) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit COlJllseling Agency in accordance with Plaintiffs written Notice to Defendants, a (rue and correct copy of which is attached hereto as Exhibit "A"; or (ii) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $105,963.52, together with interest from 8/1/00 at the rate of $17.98 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, ~ . ~~ "~ ,',. ,", --"" '.~,";', '~",.~~,,, .of- Date: 8/04/00 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Cellllled .~I'lcle N,lImbel P 9713D7 884 To:DA VID E. CLUCK KELLY L. CLUCK 204 Mo.UNTAIN VIEW RD Mo.UNT Ho.LLY SPRINGS, l'A! '/OoS SENDERS RECORD This is an official notice that the mortgage on vour home is in default. and the lender intends to foreclose. Soecillc infonnation about the nature of the default is orovided in the attached Dages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mavbe able to helD to save your home. This Notice exoIains how the orogram works, ' To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE o.F THIS NOTICE. Take this Notice with vou when vou meet with the Counseling Agency. The name. address and ohone nwnber of Conswner Credit Counseling Agencies serving vour County are listed at the end qf this Notice, Ifvou have anv ouestions. you mav call the Peonsvlyania Housing Finance Authority toll free at 1-800-342-2397. (Persons with Unoaired hearing can call (717) 780-1869), This Notice contains important legal information. If you haye any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA. IMPo.RTANCIA, PUES AFECTA SU DERECHo. A CONfINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION o.BTENGA UNA TRADUCCION INMEDITAMENTELLAMANDo. ESTA AGENCIA, (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DAVID E. CLUCK !CELL Y L. C,LUCK PROPERTY ADDRESS: 204 MOUNTAIN VIEW RD, MOUNT HOLLY SPRINGS, PA 17065 LOAN ACCT. NO: 107355158 o.RlGINAL LENDER: MEMBER'S FIRST FEDERAL CREDIT UNION E~~\a\" ~\ " , ""..,-.;.,;;",', .. CURRENT LENDER/SER VICER: SunTrust Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VB YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HA VB A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET o.THER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY o.F Fo.RECLo.SURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to- face" meeting with one of the consumer credit counseling , agencies listed at the end of this Notice. TillS MEETING MUST OCCUR WITillN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS No.TICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. Co.NSUMER CREDIT Co.UNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and teleohone numbers of desil!llllted consumer credit counselin2 a2encies for the county in which the DrODem is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender innnediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature ofyhour default.) If you have tried and are unable to resolve this problem with lender. you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at ,the end of this Notice, Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE yo.UR APPLICATION PRo.MPTLY. IF YOU FAIL TO. DO So. o.R IF YOU DO. No.T FOLLOW THE OTHER TIME PERIODS SET FORTII IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST yo.UR Ho.NIEE IMMEDIATELY A.ND yo.UR APPLICATIo.N FOR Mo.RTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They EXHIBIT A' ,f. ~- . - ,': _,;,:,:, .; ,i~,:"';, _. ~;.,-_', "" ilJi will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your -applicalion. During that time, no foreclosUre proceedings will be pursued against you if you have met the time requirements set forth above. You will be nolified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY'THE FILING OF A PETITIo.N IN BANKRUPTCY, THE Fo.LLo.WING PART o.F TillS No.TICE IS Fo.R INFo.RMATIo.N PURPo.SES o.NL Y AND SHo.ULD NOT BE Co.NSIDERED AS AN ATTEMPT TO. COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) Ho.W TO CURE yo.UR MORTGAGE DEFAULT (Brim! it uo to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 204 MOUNTAIN VIEW'RD, MOUNT HOLLY SPRINGS, PAl 7065 IS SERIOUSLY IN DEF AUL T because: YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following, amounts are now past due: Start Date- 12/01/99 Ending Date-8/01/00 9 payments@$7,317.65per month Late Charges-$193,20 Bad Check Fees-$ Other Fees-$24.06 $7,486.79 To.TAL AMo.UNT B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not aoolicable): HOW TO. CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this nolice BY PAYING THE To.TAL AMo.UNT PAST DUE TO. THE LENDER, eH IS $7,486.79 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE TIllRTY (30) DAY PERIOD. Pavroents must be made either bv cashier's check. certified check or monev order made oavable and sent to: You can cure any other default by taking the following aclion within TIllRTY (30) DAYS of the date of this letter: (Do no'! use ifnot aoolicable.) lli' VOlT no NOT rTTl1lf' 'T'ltlf' n1i'li'ATTT T Tfynn ~n nnt i"'n,.,.. thp. ~pf~111t mithin Tl,HRTV Ctl\) , DAYS of the date of this Nolice, the lender intends to exercise its ri2hts to accelerate the mort2an:' debt. This means that the entire outstanding balance ot tIus debt WIll be considered due mnnedlat~ly and you IlJ!ly.lose e change to pay the mortgage in monthly instalhnenls. If full payment of the total amount past due IS not made WIthin THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal acUon to foreclose uoon your mort2a2ed orooertv. EXHIBIT A' ._ '~,. " _,_n. ''" , -~ ":"~;"",,:,,- '-"'"";-'-."-.(;1 IF THE Mo.RTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against-you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If vou cure the default within the TffiRTY (30\ DAY Deriod. vou will not be reeuired to Dav attorney's fees. . OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other swns due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THlRTY (30) DAY period and foreclosure proceedings have begun, vou stilI have the rieht to cure the default and nrevent the sale at anv time un to one hour before the Sheriff's Sale. You mav do so bvnaV1ne the total amount then nast due. nolus anv late or other chames then due. reasonable attornev's fees and costs connected with the foreclosure sale and anvother costs connected with the Sheriffs Sale as soecified in writimz bv the lender and bv oerfonnimz any other reauirements under the morteaee. Curiue vour default in the manuer set forth in this notice will restore vour mortea!!e to the same Dosition as if vou had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately SIX (6\ months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO. CONTACT THE LENDER: Name of Lender: SunTrust Mortgage Corporation Address: 1001 Semmes Avenue, Richmond, VA 23224 Phone Number: 1-800-552-6507 Fax Number: 1-804-291-0137 Contact Person: Collections Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time, ASSUMPTIo.N OF Mo.RTGAGE -- You _ may or ~ may not (CHECK ONE) sell or transfer your home to ~ buyer or transferee who will assume the mortgage debt, prOVIded that all the outstandmg payments. charges and attorney s fees and costs are paid prior to or at the sale and that the other reqwrements of the mortgage are sallsfled. YOU MAY ALSO HAVE THE RIGHT: EXHIBIT ~l ~ ~ , ~,,;; " <, ~,"- ",-,> _ v '-- ',"","_',;;';:' -.;--,~ ' _"", -ill:] TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR T.O BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITIITED UNDER THE Mo.RTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO. SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR Co.UNTY-ATTACHED ::r <0 <0 f'- C ", .... f'- II'" Q. Q ~ ~(Jl U " :::J :S:Z ...:l "'IH U H~ :>p., "'I~ (Jl UZ Q:::JH:>< H...:l<C...:l :>UE-<...:l ~...:l51il o :><:SE-< :j~5 "'100 ~N:S g I lJ) \D o r-- M U Z H ~ o a: o '" a: <( ~ ., o a. '" .. ~ ! ID ~ I .2 i f j J i 'iii i ~ 7;; ~ Ul ;:) - ...i .2::e 'S,'tS ._ CD e>>;;::: u.- CDt: a:CI) () I~ o..! lDo If~ ~! ii "'ll l'!c: ~8 <C p., - "'I " c3 E-< ~ ro o lJ) :s M lJ) E-< lJ) (Jl M :::J r-- ~ 0 E-< M 5..g CIl~O Ii: i5 W II: Q, w Z. ... w w II) II: a: ~ l ~ l t m f I i ~ If zli:W a:_Q 21H WWW a:a:., Certified mail Numb~~~ CERTIFIED MAIL # 8. '7 . (5() EXHIBIT A ~ ^, ~ ~~ . ~ < ~ ,--.,'," ~' , "", -"'~-~ -l~-, Pen~sylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) LC7COming-Clinton Counties Oaun"'slon Fo. C . . 2138 Lnctlm Street oaunwl1I:y A.:t!on (STEP) P. o.. Box 1328 (WiS!,lli=sO. po!":, PA 17703 . ) 326-0587 F...."l: (570) 322.2197 CCCS ofNo,..~'teas~l':l P!. 20 1 Basin Street . W"illiams (5-0) 3 po!":, PA 17703 . 23-<;627 FA."l:(570) 323-6626 CLINTo.N Co.UNTY CCCS of Northeastern P.!. 1631 S Athen:an St - Suite 100 State College. PA 16801 (814) 238-3668 F....'C (814) 238.3669 Co.LUMBlA COln't"l'Y CCCS ofNor-J,eastern Pennsvlvania 1400 Allington E.."CI!C'~tive Park Suite 1 Clarks Summitt PA 18411 (570) 587-9163 or (800) 922.9537 FA.'C(570) 587-9134/9135 31 W. Market Street POB 1127 W"ill<es.Bane. PA 18702 (570) 821-<)837 o. (800) 922.9537 F...."l: (570) 821-1785 Commission on Economics Opportunity of Lu:zerne County 163 Amber Lane W"ill<es-Barre. PA 18702 (570) 826-0510 o. (800) 822-0359 F...."l: (570) 829-166S-CALL BEFORE FA.'CING (570) 455....994 HAZELTON F...."l: (570) 455-5631~ALL BEFORE F....'CING (570) 836....090 TUNKHANNOCK &oklor T. WashingtDn Center 1720 Holland Stre<,t Erie. PA 16503 (814) 453.57~ F."'''l: (814) 453-5749 John F. Kennedy Center, Inc. 2021 East 20th St......, Erie. PA 16510 (814) 898-0400 FAJC(814) 898-1243 cees of Western Pennsylvania, Inc. 2000 t.ing!estown Road Harrisburg, P.... 17102 (717) 541.1757 Urban League of ),lecropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 F...."{ (jl7) 234-9459 Co=unity Ac:ion Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 F...."l:(717) 234-2227 CRAWFORD COlJNTY Greater Erie Communit"J A.:tion Committee 18 West 9th Street Erie. PA 16501 (814) 459-4581 F.-\X (814) 456-0161 Shenango Valley Urban League, Ine 601 Indiana Avenue Farrell, PA 16121 (412) 981.5310 CUMBERI.A.'ID COUNTI' Financial Counseling Services of Fr:>.nkIin 31 West 3n! Street Waynesboro. P.... 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, P....17013 (717) 243-3818 F...."{ (717) 731-9589 Adams County Housing Authorit"J 139-143 Carlisle St G<>ttysburg. PA 17325 (717) 334.1518 F.-\X(717) 334-8326 EXH1B1T A~ PENNSYt.VANIA BULUmN. VOL. 29, NO. 2:l. JUNE S. 1999 ~~.o . . '~""=' " ---"",,~.~ ~'~-':~"'!iir, ALL THAT CERTA:tN tract of ~and situate in t,he Townshi~ of Dic~inson, county of Cumber~and, and Conunonwe,,~ tll of Pennsy~vania, Deing more particu~ar'~y bounded and described as follows, to wit, a~GXNNrNG at a point in the center~ine of Mt. View Road (T-474), said point marl<ing the common point of adjoiner of Lots 13 and #4 on the hereinafter mentioned plan of su~division with the centerline of said roadway; thence depar~in9 from the center1ine or Mt. V~QW Road, and extending along Lot *3, North eighty-eiqht (Ba) degrees three (03) minutes forty-two (42) seconds West, through an iron pin set on the westernmost dedicated right-of-way line of Mt. View Road, a distance of twenty- five and no hundredths (25.00) feet from the origin of this ca~l, for a total distance of six hundred n1nety- nine and ninety-two hundredths (6~9.92) feet to an iron pin set at lands now or formerly of William McCoy 1 thence extending along lands now or formerly of william McCo'y, North six (6) degrees thirty-five (35) minutes forty-o;ne (41) seconds East, for a distance of one hundred fifty ana forty-five hundredths (~50.45) feet to an iron pin se't at Lot #5 on the hereinafter menti.oned plan lof subdivision: thence extendinq along Lot is, Sou~h Q.i.-qht::r- eight (BB) degre..s three (03) minut.... forty-two (42) se.conds East, throu9'h an iron pin set on the: westernmolst dedicated ri<;Jht-of-way line of Mt. View Road, a distan.::e of twenty-five and no hundredths (25.00) feet from the terminus of this ca~l, for a total distance of six hundr..a ninety-one and twenty hundredths (6~J.. 20) f....t 1~0 a point in the centerJ.ine of Mt. View Road; then.::e extending in and through the centerline of Mt. View Ro..d by an arc or cu:r:-v-e to the left havin9" a rad.ius at: four thousand seventy-two and thirt:y-six hundrec1ths (4,072.3 'S) feet, for an arc di.stance of one hundred fifty ana 110 hundredths (.1.50.00) feet to a point in t:he center~ine "r Mt. View Road at Lot *3, said point markin<;J the place cor aEGXNNXNG. ~ CON'l'AJ:!ilJ:!ilG 2.3067 acres toene dedicated right-o:E- way J.ine and 2.3928 acres to the centerline of Ht. Vi,aw Road, and bein<;J desi<;Jnated as Lot 1#4 on a :final pJ.an "r subdivision of Whit.. Tail M..adows' prepared for Kenne'~h Li.n :Inc. by Stanley JarmoJ.enko, Re<;Jistered Surveyo:~, dat:'d october 2l., .1.9~l., and recorded in the Office of the Recorder of Deeds in and for CUmber~and county, P..nnsy~vania in plan Bool< 63, at page 136. = UNDER AND SUBJECT, NEVERTHELESS, to bul1dinq andu..e ,nstrictions t:or White TaiJ. Meadows, as recorded in tl,e : I2tfice of th.. Recorder at.! Deeds in and for cumberlalld j;C>unty, Pennsylvania in Miscellaneous Bool< 41.2, at paqe 97, et seq. 0:> UNDER AND SuaJECT, NEVERTXELSss, to a~l. easement,., a9r....., and. riql>ts-of'-way noted on the plan <of ~':>divi..ion. ~ BEZNG A SHALL PORTZON OF THAT SAME PREHZSES which tlonaJ.d A. Group, ..t aI, by deed dated January 30, 1.99:~, and reeorded in th.. Of'fice of the Recorder of' Deec1.s :Ln and for cUlll~er~and County, Pennsylvania, in Deed Book 3!5- H, at page 821., granted and conveyed unto Kenneth Lin, Inc., the Grantor herein. PREMISES: 204 MOUNTAIN VIEW ROAD VERIFICATION FRANK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make 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. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18Pa. C.S. Sec. 4904 relating to unsworn ~ , ~ ~ . . falsification to authorities. :r~}~ DATE: q /1100 I - - " -- - -"""""~(jfl!!iM . . 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SHERIFF'S RETURN - REGULAR r CASE NO: 2000-06162 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS CLUCK DAVID E RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLUCK DAVID E the DEFENDANT , at 1340:00 HOURS, on the 22nd day of September, 2000 at 204 MOUNTAIN VIEW ROAD MT HOLLY SPRINGS, PA 17065 by handing to KRISTI KREISER, ADULT GIRL- FRIEND OF DEFT. a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.72 .00 10.00 .00 31.72 .r~~ R. Thomas Kline 09/26/2000 FEDERMAN AND Sworn and Subscribed to before By: me this 5<& day of (J)~ cl.-ovi) A.D. ~a~~ P othonotary , - , -,', " w_,,;~~_ .~~~~, . SHERIFF'S RETURN - REGULAR , CASE NO: 2000-06162 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS CLUCK DAVID E DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLUCK KELLY L the DEFENDANT , at 1921:00 HOURS, on the 13th day of September, 2000 at 1944B FRY LOOP AVE. CARLISLE, PA 17013 by handing to KELLY L. CLUCK a true and attested copy of COMPLAINT - MORT FORE together with NOTI CE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 3.10 .00 10.00 .00 19.10 So Answers: <;.-.-""(2./ /~ 1 ~prtr~'D\.c -F .,~~ R. Thomas Kline 09/22/2000 FEDERMAN AND PHELAN Sworn and Subscribed to before By: ~~~~~ Deputy Sheriff me this of!!:! day of ~ 0UzJi) A.D. ~<I~a~~ othonotary . .. ill . .- ~ " -W'~.~, FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff SUNTRUST MORTGAGE, INC. PLAINTIFF COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY No. 00-6162 DAVID E. CLUCK KELLY L. CLUCK DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATIo.N TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. 1k4d ~/1~~/ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: October 11, 2000 - ~. ~ , :o'lh, .... ~, j.< .. DAVID E. CLUCK #0107355158 . VERIFICATION Rebecca w. Shara hereby states that he/she is Vice Pres/Cetlt of S u-.~~-\- MoJ~ Cl~J,,;l<L- mortgage servicing agent for Plaintiff in this matter, that he/she 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 /her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C,S, Sec, 4904 relating to unsworn falsification to authorities. u~.~, DATE: q-~-OO "',;,~~"""'...,..~ " .. ~ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff SUNTRUST MORTGAGE, INC., F/KJA CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE RICHMOND, VA 23224-2243 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS ; CIVIL DIVISION Plaintiff : NO. 00-6162 vs. DAVID E. CLUCK KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, P A 17065 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against DAVID E. CLUCK and }(ELL Y L. CLUCK, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 8/1/00 TO 10/24/00 TOTAL $105,963.52 $1.528.30 $107,491.82 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copyattached. A k~" {> ~ \ ' ~ . , "''-- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff i' DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 10-,;)-5-00 IsICWltA f..t~ PR.OkROTHY f-V'VI13 "TIllS FIRM IS A DEBT COLLECTOR ATTEMYfING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPI.IlU'OSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT,REAFFIRMED, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ~-~,' ~" ~ii5!" ---- ..-,< ~, ""~..........-~ ~ .-u .'^ -.', =-~-~ >,- ~. - "iIiii .. FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION COURT OF COMMON PLEAS ATTORNEY FOR PLAINTIFF CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY DAVID E. CLUCK KELLY L. CLUCK NO. 2000-6162 Defendant(s) TO: DAVID E. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 DATE OF NOTICE: OCTOBER 13. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HE~.,~N, AND. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR Tf,tAT "UMloi)~IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,f HIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO 'BE AN ATTEMPT TO COLLECT A. DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 ASSOClA TION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff y ... , -.,;. ',. "" - j.~-."-~ - 0 '0 , -'''~'---!ii.l! ~ FEDERMAN AND PHEUll1 Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY DAVID E. CLUCK KELLY L. CLUCK NO. 2000-6162 Defendant TO: KELLY L. CLUCK 1944 B FRY LOOP AVENUE CARLISLE, PA 17013-4601 DATE OF NOTICE: OCTOBER 13. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF"YOtJ,. ~VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THr'S, CORRE~~ENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TOiCOLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 o>!;;l_....., . ,-- "~, ~ "'" iliI:':r1!i'i!!_' , FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff SUNTRUST MORTGAGE, INC., F/KJA CRESTAR MORTGAGE CORPORATION : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 00-6162 DAVID E. CLUCK KELLY L. CLUCK Defendant(s) 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 DAVID E. CLUCK is over 18 years of age and resides at 204 MOUNTAIN VIEW ROAD, MOUNT HOLLY SPRINGS, P A 17065. (c) that defendant KELLY L. CLUCK is over 18 years of age, and resides at 1944 B FRY LOOP AVENUE, CARLISLE, P A 17013-4601. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to nnsworn falsification to authorities. ~~5~l~~ ... FRANK FEDERMAN Attorney for Plaintiff _ '-W'_~- -. ~~ :iJ.. ;"" " ~:ic,,' (Rule of Civil Procedure No. 236 - Revised) SUNTRUST MORTGAGE, INC., F/KJA CRESTAR MORTGAGE CORPORATION : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 00-6162 DAVID E. CLUCK KELLY L. CLUCK Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on OCTOBER .2000. Byfil~!If tM~ DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PHILADELPHIA. PA 19102 (215) 563-7000 **TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECJJ:IVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. ..'-W; ;jMi!Mi!llij~~Wf~f~',Gi,-;~1!"a~l<:Wi!:i1~,1""_;t;;I;I,~Wl;\;"';"'-;[0A,,_~~~!f"~ ~ M'M -, ,< ,___><'''''~ _ v _ .~,~, ,. 'e, '~"-1l!'~~~--- J~I2Y' if' ---'~~ Q l___ ~ ~ 9 ~ .. --'~ -0 0 1J:.. ~ '8 S~~ ~:-; . . :1- ~~:'~ ',} (" f 0 - --. ~ s~.-~ ;:-- C) .J;. ....:- ~ y; ..() 5~tl ~ ~ t_ .'/ f5 '=i :~) ~ -< lJ', /'> "'\ ~ ) i ~ (<> - P :J o. ,. . . ilBi ........' ~-~ ~ I: Ii " , ., i >i !:; 'i - . --. ..,., -1_',_ ; - ,n,_ -.-, -" -" ': -, -'" -,; ,~ 4.!i FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. J.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff SUNTRUST MORTGAGE INC., F /K/ A CRESTAR MORTGAGE CORPORATION Plaintiff Court of Common Pleas CUMBERLAND County No. 00-6162 VS. DAVID E. CLUCK KELLYL. CLUCK Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this matter discontinued and ended, upon payment of your costs only. /2-1 ?rtl7J t~)~ Frank Federman Attorney for Plaintiff Date ~~~*WI~~ill~l.i~~Iil"d~l!!~,'Wk~~fl&t~"i;]' -'. ~ ~"~_,~,._"'.n, . ~ .o<"-"'.-.''';',~,,," ,-, ''', ,. <,~. ~/- ' " II :1 I 1 i 'I 'I ......1' " II (') C.:J c:: co S D ""OeD j'-q rnrn ('"".:. r- z;:c .".~~Q ZS;~ CD stz ", , :"~~;f~ ,<0 :'0" ~.~ ?Z:o :z -0 S' )>. c:: --i ~ 0"1- ?D 0 -< "" .~ .