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Home My WebLink About01-03316 If! , , FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST BANK FIKJA CRESTAR BANK 1001 SEMMES AVENUE RICHMOND, VA 23224 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. 0/- 2Jlb CJ:lol'l~ v. CUMBERLAND COUNTY DAVID E. CLUCK KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD MT. HOLLY SPRINGS, P A 17065 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 0107355158 ~,~ v~ __~,,_~.. , !.., " , . IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. -,'-~-']Jill!.. ,. --~ ~ " ~-1""""" \ r'" 1. Plaintiff is SUNTRUST BANK F/KJA CRESTAR BANK 1001 SEMMES AVENUE RICHMOND, VA 23224 2. The name(s) and last known addressees) oftlle Defendant(s) are: DAVID E. CLUCK KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD MT. HOLLY SPRINGS, P A 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/10/97 mortgagor( s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS 1ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1416, Page 985. By Assignment of Mortgage recorded 11/17/97 the mortgage was assigned to CRESTAR MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 562, Page 377. PLAINTlFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit" A." 'N3i;!!l,,i ~ ~- -,,~,--.,.. "^~ '., l- ~ 6. The following amounts are due on the mortgage: Principal Balance Interest 11/1/00 through 5/1/01 (Per Diem $17.73) Attorney' s Fees Cumulative Late Charges 11/10/97 to 5/1/01 Cost of Suit and Title Search Subtotal $95,898.86 3,226.86 4,000.00 128.80 550.00 $103,804.52 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $103,804.52 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. g1680A03c 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 because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true 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 $103,804.52, together with interest from 5/1/01 at the rate of$17.73 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. ?-~~ Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,-,~.....~ --,1-<~ ", ^ '1 - Date: 03/12/01 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE To:David E. Cluck Kelly L. Cluck 204 Mountain View Road Mount Holly Springs, P A 17065 Certified Art!c!e Ngjmber SENDERS RECORD 1]'Dbl(.57~~2'11f .i!~~1.5!1D5 Tlus is an official notice that the morteaee on vour home is. in default. and the lender intends to foreclose. Soecific infonnation about the nature of the default is orovided in the 'Iltached oaees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM !REMAP) mav be able to helD to save vour home. This Notice exolains how the orDeram works. To see if HEMAP can belo. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS Of THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counseline Aeenev. The name. address and ohone IllUllber of Consumer Credit Counseline Aeencies selYine vour Countv are listed at the end of this Notice. Ifvou have anv Questions. vou mav call the Pennsvlvania Housing Finance Authoritv toll free at 1-800-342-2397. (Persolls with imoaired hearing can call (717) 780-1869). This Notice contains importaotlegal infonnation. If you have 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, IMPORTANCIA, PUES AFECfA SU DERECHO A CONTINUAR VIVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENlDO DE ESTA NOTlFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO ESTA AGENCIA, (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAlvlA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDlDA DEL DERECHO A REDIlvlIR SU HIPOTECA. HOMEOWNER'S NAME(S): David E. Cluck Kelly L. Cluck PROPERTY ADDRESS: 204 Mountain View Road, Mount Holly Springs, P A 17065 LOAN ACCf. NO: 107355158 IXtIlSlr A ORlGINAL LENDER: Members First Fcderal Credit Union "j:.--,~,.,..,,.,! , ',~ ,~- - r ~~, , '[",,- CURRENT LENDERlSERVICER: SunTrust Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM: YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACf OF 1983 (THE "ACf"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOlJ-MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to- face" meeting with one of the consumer credit counseling agencies listed at the end Oftllis Notice. THIS MEETING MUST OCCUR WITHIN 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 NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BlUNG YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one oftlle consumer credit counseling agency listed at the end of this notice, tile lender may NOT take action against you for thirty (30) days afIer the date of this meeting. TIle names. addresses and teleohone numbers of desil:matcd consumer credit counselinl! a2encies for the county in which the orooertv is located are set forth at the end ofth,s Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediate Iv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for tile reasons set forth later in this Notice (see following pages for specific information ab.out 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 tile 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 Pelillsylvania Housing Finance Agency. Your application MUST be filed postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HONlEE IMMEDIATELY A.ND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ' EXHIB'T A AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They ,,;f: " """7.'~- "e will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days 10 make a decision after it receives your -application. During Ulat time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (Uyou have med bankruptey you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brilll! it U!J to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 204 Mountain View Road, Mount Holly",Springs, P A 17065 IS SERlOUSL Y IN DEF AUL l' because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following, amounts are now past due: 3 payments @ $2,409per month Start Date- 12/0l/00 Ending Date-03/0 I/O I Late Charges-$64.40 Bad Check Fees-$O.OO Othe... Fees-$9.00 $2,482.40 TOTAL AMOUNT B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE THE DEF AUL T - You may cure Ule ~efault within THIRTY (30) DAYS of the date oflhis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, HIS $2,482.40 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavroents must be made either by cashier's check. certified check or monev order made payable and sent to: You can cure any other default by taking the following action wiUlin THIRTY (30) DAYS of the date of this letter: (Do not use ifnot a!JolicabIe.) 1R von no NOT rnuli' TJ::rli' nlt'~A.'lt T Try"" An nnt (""r,. thIS A;:>r!llll~ ,mthin Tl-HRTV {'~O) DAYS of the date of this Notice, the lender intends to exercise its riehts to aecelerate the mortea\1(' debt. This means . Ulal the entire outstan!iing balance ot thIS debt WIll be eonsldered due mllnedlat~ly and you may lose e chance to pay the ' mortgage In monUlly mstallments. If full payment ofUle total amount past due IS not made within THIRTY (30) D~IB'lT A lender also intends to instruct its attorneys to start legal action to foreelose Unon vour morteal!ed nronertv.l::.^n ..-;~,~, , " ." - IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay Ule reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started againsl.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 THIRTY (30\ DAY Deriod. vou will not be reauired to Dav attorney's fees. OTHER LENDER REMEDIES -- The lender nlllY also sue you personally for the unpaid principal balance and all other SlUllS due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and prevent the sale at anv time UP to one hoUfbefore the Sheriff's Sale. You mav do so bv paving the total amount then pas(iille. plus aIlV late or other charges then due. reasonable attornev's fees and costs cOrulected with the foreclosure sale'and anv other costs cOlUlected with the Sheriff's Sale as specified in writing bv the lender and bv performing anv other reauirements under the mortgage. Curinl! vour default in the manner set forth in this notice will restore vour mortgage to the same position 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 ofthe 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 fmd 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 Jj:FFECT 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 tlle 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. ASSUMPTION OF MORTGAGE -- You _ mayor _ may lIot (CHECK ONE) sell or transfer your home to a buyer or transferee who v:ill assume the mortgage debt, provided th~t all tlle outstanding payments, charges and attorney's fees and costs are paId pnor to or at the sale and tllat tile other requlfements of the mortgage are sati,sfied. YOU MAY ALSO HAVE THE RIGHT: l:XHII3/t A e,':,-" ~ ~_ -- ' ,', r "' ~~" l""~-""'~~ t-l< TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF yOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT 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 INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER TIlE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY-ATTACHED Certified mail Number ~~ .~/}- ~ CERTIFIED MAIL # I, ~-" , . , ,- ~," ','-~, ", -n--- PENNSYL VANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming..clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P,O. Box 1328 Williams port. P A 17703 (570) 326-0587 FAX (570)322-2197 CCCS ofNortheastem P A 1631 South Atherton St, Suite 100 Slate College, PA 16801 (814) 238-3668 FAX (814) 238-3669 cces of Northeast em PA 201 Basin Street WiIliamsport. PA 17703 (570)323-6627 FAX (570)323-6626 COLUMBIA COUNTY 31 W. Market Street POB 1127 Wilkes-Barre. PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 1400 Abington Executive Park SU,ite 1 Clarks Summit P A 18411 (570) 587-9163 or (800) 922.9537 FA.,'I( (570) 587-9134-9135 Commission on Economics Opportunity ofLuzerne County 163 Amber Lane Wilkes-Barre. P A 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-{Call Sefore F..ing) (570) 455-4994 Hazeltown FAX (570) 455-5631-{Call Sefore F..ing) (570) 836-4090 Tunkhannocl< CRAWFORD COUNTY Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 Greater Erie Community Action Comminee 18 West 9th Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 John F. Kennedy Center, Inc. 2021 East 20" Street Erie. PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango VaHey Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412)981-5310 eees of Western Pennsylvania, Inc. 2000 linglestown Road Harrisburg, P A 17102 (717)541-1757 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West 3m Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N.6"Street Harrisburg, P A 171 0 I (717) 234-5925 FAX (717) 2)4-9459 YWCA of Carlisle 301 "Goo Street Carlisle, PA 17013 . (717) 243-3818 FAX (717) 731-9589 Community Action Camm aBhe Capital Region 1514 Derry Street Harrisburg. P A 171 04 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle Sl Gettysburg. P A 17325 (717) 334-1518 FAX 334-8326 PENNSVL VANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXHIBIT A -i-'-l!:~",.".."",~" r ~-~'~ 'r - ALL THAT CERTAIN tract of land situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point in the centerline of Mt. View Road (T-474), said point marking the common point of adjoiner of Lots #3 and #4 on the hereinafter mentioned plan of subdivision with the centerline of said roadway; thence departing from the centerline of Mt. View Road, and extending alon~ Lot #3, North eighty-eight (88) 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 call, for a total distance of six hundred ninety-nine and ninety-two hundredths (699.92) feet to an iron pin set at lands now or formerly of William Mccoy; thence extending along lands now or formerly of William McCoy, ~rth six (6) degrees thirty-five (35) minutes forty-one (41)-seconds East, for a distance of one hundred-fifty and forty-five hundredths (150.45) feet to an iron pin set at Lot #5 on the hereinafter mentioned plan of subdivision; thence extending along Lot #5, South eighty-eight (88) degrees three (03) minutes forty-two (42) seconds East, through an iron pin set on the westernmost dedicated right-of-way line of Nt. View Road, a distance of twenty-five and no hundredths (25.00) feet from the terminus of this call, for a total distance of six hundred ninety-one and twenty hundredths (691.20) feet to a point in the centerline of Mt. View Road; thence extending in and through the centerline of Mt. View Road by an arc or curve to the left having a radius of four thousand seventy.-two and thirty-six hundredths (4072.36) feet, for an arc distance of one hundred fifty and no hundredths (150.00) feet tO,a point in the centerline of Mt. View Road at Lot #3, said point marking the place of BEGINNING. BEING designated as Lot #4, on a final plan of subdivision of White Tail Meadows, prepared for Kenneth Lin, Inc., by Stanley Jarmolenko, Registered surveyor, dated October 21, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 63, Page 136. PREMISES: 204 MOUNTAIN VIEW ROAD "frJ', ,~"" ,'-"" ~, ~ " , " ~"~ , , " VERIFICATION REBECCA W. SHAIA hereby states that she is V.P. ofSUNTRUST MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that 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 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 unswom falsification to authorities. 'i2L.;) - ~ " DATE: shs/ol " '1c:"l ~,. -!' - ~ ~f.'n,,, ".!!l~.,,< '- "- 10 1-.> ...:} r ^~". ~~ "''''' 'J"-=-';~=-'~ _'",,""''', ~ - , ~"~Y'~~"~'~",-_.'~ -pClf ~ ~'i!i.~t b (j e c> ~ I ' ~ f Vl t J ~ h"j; (',0,' r:r-- .c__ "' ~ .-<" ,. """ ,~~, ':"". :,,-) !',.J 8 ',', 0'1 ~ _, ~~ ~_ ,.,m'if'll'lIl1__,.~"""",,,,t'''~11i ._~,~~d_-V,~ ~,'" m1J~~l~!I>,",f,~'01"i'q',","i;'1~'f'.'!""(i""iJ"V-'-'i''':':'''''f~''''-',''JJ'-"''f';;,W'''''I!!I-<l'JD~if,,=~'~fRIi;j,!i'f~."*r'f:il;fi'''''@'Q;..J:j!;lWn:'b'8!t'~"'W'M>mfi!!$!i-'i FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST BANK F/KIA CRESTAR BANK 1001 SEMMES AVENUE RICHMOND, VA 23224 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DNISION vs. : NO. 01-3316 CNIL TERM DAVID E. CLUCK KELLYL. 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 KELLY L. CLUCK, Defendant(s), for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 5/1/01 TO 7/17/01 $103,804.52 $1.382.94 TOTAL $105,187.46 I hereby certify that 0) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. 4fML1:1~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE:,).1 {y .l~. .:106/ (J1A7;:, ) ~. PRO ROT. "THIS FIRM IS A DEBT COLLEcrOR ATIEMPTING ro COLLEcr A DEBr AND ANY INFOR!\fATION OBTAINED WILL BE USED FOR TIlAr PlJRPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBr WAS Nor REAFFIRMED, rms CORRESPONDENCE IS Nor AND SHOULD Nor BE CONSTRUED ro BE AN ATTEMPT ro COLLECT A DEBT, Bur ONLY ENFORCEMENT OF ALIEN AGAINSr PROPERTY. .. '-" ,..... O'~", _",...."."'".,.,< ;'": ._. ~_ -1 " , ~ ~ ~- " ,~--- SHERIFF'S RETURN - REGULAR CASE NO: 2001-03316 P , , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST BANK ET AL VS CLUCK DAVID E ET AL BRIAN BARRICK , 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 2002:00 HOURS, on the 14th day of June , 2001 at 204 MOUNTAINT VIEW ROAD MT HOLLY SPRINGS, PA 17065 by handing to DAVID CLUCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcha:cge So Answers: 18.00 3.72 .00 10.00 .00 31.72 R~~~~ 06/18/2001 FEDERMAN & PHELAN Sworn and Subscribed t,o before By: ~ ~ !fItr I~ Deputy She me this day of A.D. Prothonotary p;~, .' "";",_';:-"__ ,'c_' f'_",!,__ ~ , SHERIFF'S RETURN - REGULAR GASE NO: 2001-03316 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST BANK ET AL VS CLUCK DAVID E ET AL CPL MICHAEL BARRICK , 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 1153:00 HOURS, on the 1st day of June , 2001 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to KELLY L CLUCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 -~(?/ ~ T ~""-~. .-&::;:~ R. Thomas Kline 06/18/2001 FEDERMAN & //) ./ ,~ / Sworn and Subscribed to before By: me this day of A.D. Prothonotary '4% "',~ < _"):"'" "' -r, o_~" , '--,' ,- _1') FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 SUNTRUST BANK F/K/A CRESTAR BANK Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs. DAVID E. CLUCK KELLY L. CLUCK CUMBERLAND COUNTY NO. 01-3316 Defendant(s) TO: DAVID E. CLUCK 204 MOUNTAIN VIEW ROAD MT. HOLLY SPRINGS, PA 17065 filE COPl DATE OF NOTICE: JUNE 5,2001 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 YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY 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, P A 17013 (717)249-3166 Frank Federman, Esquire Attorney for Plaintiff '"~",, ," _" ,'_h~ ,'~, , ,_0 r" ,~ ~~ FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 SUNTRUST BANK F/K/A CRESTAR BANK Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY DAVID E. CLUCK KELLY L. CLUCK :NO.01-3316 Defendant TO: KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD MT. HOLLY SPRINGS,PA 17065 DATE OF NOTICE: JUNE 5.2001 FilE COPi 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 YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY 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 ~,m ~~ ,_, ~"llI'Il!'l, q" ,." , ~ . FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 SUNTRUST BANK F/K/A CRESTAR BANK Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY DAVID E. CLUCK KELLY L. CLUCK :NO.01-3316 Defendant TO: KELLY L. CLUCK 1944 B FRY LOOP AVENUE CARLISLE, PA 17013-4601 DATE OF NOTICE: JUNE 5.2001 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 YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. f\LE COPl 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 ~~'" '''.'"""",", -- ,,', ,I' ~_c~_ -1"'" . FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST BANK F!K/A CRESTAR BANK Attorney for Plaintiff : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CNIL DIVISION vs. : NO. 01-3316 CML TERM 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) 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 of1940, as amended (b) that defendant DAVID E. CLUCK is over 18 years of age and resides at 204 MOUNTAIN VIEW ROAD, MOUNT BOLLY 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, PA 17013-4601. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1rarrt- ~t'dJrma-Y\ FRANK FEDERMAN Attorney for Plaintiff ";'"'' 0, :":,'C"_',_,.."", '" - '-'" (Rule of Civil Procedure No. 236 - Revised) SUNTRUST BANK F!K/A CRESTAR BANK : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff :CNILDNISION vs. . : NO. 01-3316 CNIL TERM 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 JULY;;;"( . 2000. \Bv ~~ (7. P~Yil DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Filing Party One Penn Center at Snburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR ATlEMPTlNG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. "" "'-~" ,'-""~, ,,-,."",<" '-', ~"'=" "-"!-"-~ ~ rw ';-,,[ , ~,' ""'^ '"' ,. .~__'" ,~' ~ ", . "~'" ""', '''~'''_''-,{''& ""~" "",~__~"v."-=", ".', ",-,..__ "' ,_ _ ~ ~~ ~~ - 8 B ~ ~ :tJ 3 ~ ~ ft. ;:; " ~~ ~ f' \"- ~ , '.~.r" .... (, :','1 '.-J ill " ,,_ T~jJm__~, _~~j~!lWlI!~lIM!!IM~~;'lil'-'t"~nj"fj-'.'i,~:,^",CC'!"'''4''''''';", ,.,'w'" ;';-",'~lJ,--i,r<,,'Git~\}T"iSiI~II',""'_$}"~:f)p"'''!''l';'''.-'~:,}!!,:-iI'4"i,~,ru;W''l1ff(i~i],%:il'~~j SHERIFF'S RETURN - REGULAR CASE NO: 2001-03316 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST BANK ET AL VS CLUCK DAVID E ET AL BRIAN BARRICK , 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 2002:00 HOURS, on the 14th day of June 2001 at 204 MOUNTAINT VIEW ROAD MT HOLLY SPRINGS, PA 17065 by handing to DAVID CLUCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His 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~~-<t:a~ R. Thomas Kline 06/18/2001 FEDERMAN & PHELAN Sworn and Subscribed to before me this :U ~ day of 9".. d{n:J/ A.D. Cb". 0 "JMd;. / .. M P othonotary , By: ~p!!: S&~ ;~ l~l " ~1 ", ,"'" -,--" ~ -" SHERIFF'S RETURN - REGULAR r ~ CASE NO: 2001-03316 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST BANK ET AL VS CLUCK DAVID E ET AL CPL MICHAEL BARRICK , 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 1153:00 HOURS, on the 1st day of June , 2001 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to KELLY L CLUCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~~,~<:~~ R. Thomas Kline 06/18/2001 FEDERMAN & Sworn and Subscribed to before By: tv ,)6 '- day of me this ~ ;;2OcI A.D. ~.<-O~,~ othonotary , [, ~ c~, "" , -r~ . 'l~' ",- , \ . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SUNTRUST BANK FfKlA CRESTAR BANK Plaintiff, CUMBERLAND COUNTY v. No. 01-3316 C1VIL TERM DAVID E. CLUCK KELLY L. CLUCK Defendant{s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $105,187.46 Interest from 7/17/01 to 12/5/01 (per diem - $17.29) $2,437.89 and Costs TOTAL $107,625.35 FEDE AN, ESQUIRE o PENN CEN ER at SUBURBAN STATION S ITE 1400 P ADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. '{, ~" ." ~'".-, ,,-, "~"1 - ',' '-'1' ,'" - -< l'/ tJ7 ""Z '<. (:f ~ ~ I;:J ~ ~ Q,) s. " ~w: " ~ , III LL.. _ u: g \0 . u. ~$=:' tt~ d5 ~ ;1 . <;Q g) Ii ......l 15]1 ...SJ <..l :5 .---1 g J------ ~~ . 10 00,-, ~~U10 ~ --,.J c.... ~ ..() ~~ g.&S.g ~ gg~ 1:{- ~ <Cl f6 llo;' <::> ~~ oo~ lrj l-Q.~ .-..: ~ "& , Q<:::::..c ...= --- ..l~ -J" \'0--.;; ~ ..l< Ollo; - == . ...f;;;l z..l ;:lfa ...;:!I ~ ~~ z 'u o~ ~ 0 ~ . 00;;.- ..... Of;;;l ~~ = ... ~~ ~ ;:l ~oo ~ U ~f;;;l .,,; ~~ ~~ OJ Z ... U ~ ?:: CO ;:: Zz 00 ~;:l t..'- "" ~d~ ~ u..l f;;;l = "" '" ZO '" I._n. ;:lU .....s OJ u;~? C"..J ,-) '" U ..l . o <lJ 0 .n ~ _.' :-:c b ... u..l II> ...;:.l ~ ~.~ ':~-~ ", '~~~ < ... .. ~ .; .... ;&; ~~ s t'")",: > foil..l "r' . ::J ~..l ~.~ el ,. ,2;0 0= OJ S;?, ;iJ~ U ~ ~~ ~~ ::;:"", g, ;;0: ,O~~ ~ fZ'g 0- '$ ""'''''' OJ 3;:l ~ =00- !;) ,-'"", (JO = foil 6 M.... ~ ~ ... u; llo; 00 ..... Qi ; U foil foil ~ ~ i5~ ... OJ - ~ Z .- Z;:l ;:l llo; ~ .....u 00 @ - -; ~~ . ~ _~ _ ~!lTf, _~. ' 7)j,~~-,..~ ~4i U~~il'!!NI~~~~I~!tW1'l'~~'~!'W\'t'~fY''''"Di'O'''':'''''Y'';'''-'''''-!,,;cY,"-',"-iH"'"_"'jf~','W;W(~")l;!W~~"o'1.!j'jjif"{Fji'if,"':;;"FW"'n:~~\'f,tfi~iWl!",,,~;~ or SUNTRUST BANK FIKIA CRESTAR BANK CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. DAVID E. CLUCK KELLYL.CLUCK CIVIL DIVISION NO. 01-3316 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Mfidavit No.1) SUNTRUST BANK FIKI A CREST AR BANK, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 204 MOUNTAIN VIEW ROADMOUNT HOLLY SPRINGS. PA 17065 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAVID E. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 KELLY L. CLUCK 1944 B FRY LOOP AVENUE CARLISLE, P A 17013-4601 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None :-'"~.....- ,- ~ " :' - -. . _ 0-., _ ~ .'.,_ " ~~ '- ".- ,- :~ . / 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, P A 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pac C.S. Sec. 4904 relating to orn falsific n to authorities. F FEDE , ESQUIRE Att rney for Plai tiff August 14.2001 DATE """"llf ., ='" ~I-,.,~ .", -,-, t -," ~"'^ AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST BANK FIKI A CREST AR BANK CUMBERLAND COUNTY No.01-3316 CIVIL TERM DEFENDANT(S) DAVID E. CLUCK KELLYL.CLUCK Type of Aetion - Notice of Sheriff's Sale SERVE DAVID E. CLUCK AT 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, P A 17065 Sale Date: DECEMBER 5, 2001 SERVED Served and made known to-D-a,,: J E \ Cl\JcL,Defendant, on the ;;Jl'j j(J at /')..130 ,o'clock-?m.,at ~OJf ,yovtJ~',tv V\tvu ~~'7 ,~"t of Pennsylvania, in the manner described below: dayof Av,,,..<I- ,2001 5f~1 tv j S ,Commonwealth ^ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is So IV Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant( s)' s office or usual place of business. an officer of said Defendant(s)'s company. . 09-V;~J;. cluc}::'} JIt. Other: , Cl ' · ,.I/.. JJ ~hot. f lv,,,, Description: Age -J-1.L- Height SJ.L Weight ilL Race ~ Sex ~ Other :/ T, ..c:.1""ytetJc~ L \ Cd~ -t{ '?t~ompetent adult, being duly sworn according to law, depose and state that T personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOT SERVED On the . <la.'! of , 200~ at o'clock _.m., Defendant NOT FOUND because: Moved Unknown --, No Answer Vacant Other: Sworn to and subscribed before me tbis _._ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Snbnrban Station, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 ~J]i'] .,,~," ,..,--gy - ," -,' ;".,",,,,,~, ,~, - T 1~ ,- ,~-- i; ,: i i " I , i ,. "~,~ . ~- ~ ^ .~ \ ~_ 'l"!il! ~'~ -~ '_' ,_ "~ _.'o^ ~ c._~" ~._-,~ ,~ - ~ o ,,.,, ",.., 1>.1 :)"1 (./'J 'f"'"""" ,,_~__~".I~~"iiI!llWll~ii'I_';t~lf.~f';F~g'n,:(".,;gH~",; ~,;, _,,-co_';'(';';',:J'~''!I><f'-i'J~r,wr!1i''f!'!l;f0~~'AW''r'!''~I1'''iiW!i;'"]-"-;",I""Ho/.1"'i'!SI1'm;.,,~~~ -.,," ~ AFFIDAVIT OF SERVICE PLAINTIFF. SUNTRUST BANK F/KlA CRESTAR BANK CUMBERLAND COUNTY No.01-3316 CIVIL TERM DEFENDANT(S) DAVID E. CLUCK KELLY L. CLUCK Type of Action - Notice of Sherifrs Sale SERVE KELLY L. CLUCK AT 1944 B FRY LOOP AVENUE CARLISLE, PA 17013-4601 Sale Date: DECEMBER 5, 2001 SERVED Served and made known to K€.Jly L. elll tic:: at IO:Jf , o'c!ocka.m, at lCf1fd r~t /..oar Av'l. I , Defendant, on the I iJ. CCllth. I~ , , day of ~""b'lC., 2001, , Commonwealth of Pennsylvania, in the manner described below: y Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is C()~ r..a 10; ta ..i' Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. . Aal\:K ~,"tS;""';)"~ Other: , " /lw Description: Age22 Height S II) Weight /tQJ- Race U}l.. Sex~ Other I, C \.........., ~ l, (,,'<<-.le, I JIt. , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Notarial Seal Sworn to and SU~. ribed . S~cy L. Heefner, No ublic ~(). . . b ~. d CharilbersburgBoro, ankr nty ~ . ell e e t s ay My Commission Ex . es A .5 2002 of , 200J....I. r.. ,~ember, Pennsylvania 5 . i r. s Not : ~~.~ By: NOT SERVED On the _~._ day of .200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and sub.cribed before me this __ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Bonlevard, Snite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ;" -"~,- , " ~ -, . E& T... U = _~ ~..,c.".,^"~,=". '.,=~'~' ..".,.,....." ~--~.....~ -~- ~~- ~ C~_'-"'. ,^_.o,..'"",_ I [I~i :--:, ,--) -'-', ;'-..) '. -~, .,-' c-'> ~~~~!iI-_~~~,,'C'!i!O,',F_'i'-'W"'V;;C';'W'~::-1-."-'f\':","-.~f'W':;""J!'!9:;;\pg5,,~Hf!:P').'".'Wi"fl)f\-:<-':","'P5'ii'f(;'i!'f'~I'm!ll1:~ f SUN'CRUST BANK F/KIA CRESTAR BANK Plaintiff, CUMBERLAND COUNTY v. No. 01-3316 CIVIL TERM DAVID E. CLUCK KELLY L. CLUCK Defendant(s). August 14,2001 TO: DAVID E. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, P A 17065 KELLY L. CLUCK 1944 B FRY LOOP AVENUE CARLISLE, P A 17013-4601 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBT AlNED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 204 MOUNTAIN VIEW ROADMOUNT HOLLY SPRINGS, PA 17065is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by SUNTRUST BANK FIKI A CREST AR BANK (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ,~ - ~-~-- "",->. , ~ .' -', ~, ^ ~ ~ Y ()u may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also hav~ other rights and defenses, or ways of getting your home back, if you act inunediately after the sale. . YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 , ~..... --',.,_.," --"'Y_'_" '~__I - e,'> "" ',,~ "". , ALL THAT CERT AlN tract of land Situate in th~ Township of Dickinson, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point ill the centerline of Mt. View Road (T-474), said point marking the common point of adjoiner of Lots #3 and #4 on the hereinafter mentioned plan of subdivision with th~ centerline of said roadway; thence departing from the centerline of Mt. View Road. and extending along Lot #3, North eighty-eight (88) degrees three (03) minutes forty-two (42) seconds W~st, 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 call, for a total distance of six hundred ninety-nine and ninety-two hundredths (699.92) feet to an iron pin set at lands now or formerly of William McCoy; thence extending along lands !lOW or formerly of William McCoy, North six (6) degrees thirty-five (35) minutes fOTry-one (41) seconds East, a for a distanc~ of one hundred fifty and forry-five hundredths (150.45) feet to an iron pin set at Lot #5 on the hereinafter menrioned plan of subdivision; thence extending along Lot #5, South eighty-eight (88) degrees three (03) minutes fOrty-two (42) seconds East, 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 terminus of this call, for a total distance of six hundred ninety-one and twenty hundredths (691.20) feet to a poine in the centerline of Mt, View Road; thence extending in and through the cencerline of Mt.. View Road by an arc or curve to the left having a radius of four thousand seventy-two and thirtY-six hundredths (4,072,36) feet, for an arc distance of one hundred fifty and no hundredths (150.00) feet to a point in the centerline of Mt. View Road at Lot #3, said point marking the place of beginning. CON~AINING 2.3067 acres eo the dedicated right-of-way line and 2.3928 acres to the centerline of Mt. VIew Road, and being desigJ13ted as Lot #4 on a fmal plan of subdivision of White Tail Meadows prepared for Kenneth Lin, Inc. by Seanley JarmoletLko, Registered Surveyor, dated October 21, 1991, ~. recorded in the Office of the Recorder of Deeds in and for Cumberland Couney, Pennsylvaru.a III Plan Book 63, at page 136. Tax Parcel # 08-12-0338-104 TITLE TO SAID PREMISES IS VESTED IN . David E. Cluck and Kelly L. Cluck, husband and wife by Deed from Kenneth Lin, Inc. dated 9121/93, recorded 9/28/93, in Deed Book 0-36, Page 34. ~- " iiit......~ ,~ _~~1li~ ~ll:_"=!, < "~ ._-,~ ,~-'" ri' h~<";'- ',."", , ",. "'''-'-'"' ."j,_, ~'"-.' (h'" .-~, Co, '-"", o S ~~ uCr-' nll'i Z:r zc- C.O",~":- -<.f r: ~--, ~~--- .E:C: ..f:C\ );> <:;:~ ~ '0 "".....'Iriiilf"." mliHllC] ".':T , C) " ---:.' ~ - ..---1 :::'? u". . .~~) -,-, " ,__.i~ ,_..I ..".J ~, ?:~ "j '" tX) ~~,,~,.,w_=-I-} _~. "M,~' ,_"_,="Jfi;Jj]I;,~!\li~i~P~~-;"'""""''';'":'"'''''''' ''', '''~\"''~'''1f~.ii;;;;;~~Wi!f~ff.'I'!~,'~!i''!\ffi.tf1f~lI)$!~~~!f0 ~,~"-. , FEDE~andPHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF SUNTRUST BANK FfKlA CRESTAR BANK Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DAVID E. CLUCK KELLY L. CLUCK NO. 01-3316 CIVIL TERM Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pac C.S. Section 4904 relating to unsworn falsification to authorities. RANK F , ESQUIRE Attorney for P aintiff ':it:Ji.: ,'-'" " 1- ~- , ~ " ~" --'-'-=-'- ~ c;:'", c. ' ~) tp - :m"~_~ " <x,,~ ~ ^ o c: s: -O'-:j Q1('I, L:'..1 ~~;;. -<.,-' !<:C J> -, zV --l-..; Pc Z =< ~""".",. ~ -,,- "" I L_~' -''''-', ):~ "") C' ,'J "'..) ('P ," ^_~ ,.....,.,)I{f,_ 1mb.~.,Si\.@lRIil'~~'ffi]!I!!'fu"'_~I!i1~_WW~iW!l1!ll!!ll5"f.'ft",~~Ht~,\t~-'('~~-'Y-'''):,j'-;",''",f''''';':~!''", "j';'M",,':-1'f'1P~i.ti(;."'1"R-~1,,~'",a\';';"lNi:1l:'1cWi"''fflIl'~~''f~I)\~~ . SALE DATE: DECEMBER 5. 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUNTRUST BANK FIK/A CRESTAR BANK No.: 01-3316 CNIL TERM vs. DAVID E. CLUCK KELLY L. CLUCK AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 204 MOUNTAIN VIEW ROAD. MOUNT HOLLY SPRINGS. PA 17065. As required byPa. R.C.P. 3129.2(a) Notice of Sale has been giveu in the manner required by Pac R.C.P. 3l29.2(c) on each of the persons or parties named, atthat address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the u.s. Post 1 Service is attached for each notice. FEDE , ESQUIRE A orney for Plai tiff November 30,2001 ',.., ,-. 1 CUMBERLAND COUNTY SUNTRUST BANK FIKIA CRESTAR BANK No.: 01-3316 CNIL TERM vs. DAVID E. CLUCK KELLY L. CLUCK SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.2) Plaintiff in the above action, by its attorney, Frank Federman, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 204 MOUNTAIN VIEW ROAD, MOUNT ROLLY SPRINGS,PA 17065: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) .-.--"'. 'j'" T_' -I - .~~ , SUNTRUST BANK FIK/A CRESTAR BANK CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DAVID E. CLUCK KELLY L. CLUCK CIVIL DIVISION NO. 01-3316 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) SUNTRUST BANK F/K1A CRESTAR BANK, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 204 MOUNTAIN VIEW ROADMOUNT HOLLY SPRINGS, PA 17065 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAVID E. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, P A 17065 KELLY L. CLUCK 1944 B FRY LOOP AVENUE CARLISLE, PA 17013-4601 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None "i'~:", ...<, '_~' '-"~'''-'c'"''l''''~--_ "~"" ,\_," - . -~ . ,~ t 4. Name aud address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be . reasonably ascertained, please so indicate.) None 5. Name aud address of every other person who has auy record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name aud address of every other person who has auy record interest in the property aud whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name aud address of every other person whom the plaintiff has knowledge who has auy interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant " 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true aud correct to the best of my personal knowledge or information aud belief. I understaud that false statements herein are made subject to the penalties ofl8 Pac C.S. Sec. 4904 relating to un orn falsr~ n tOr authorities. August 14. 2001 ~ ~ "'""\ DATE F FEDE , ESQUIRE Att rney for PI . tiff '-'j """'! -",," ~ ,~, ,-' . -~'^ ",-,. q ,., ;,""" -" ~ " " "- " '" s '" o 0. III \0 = r- - -< llo; II'> 00 = ... C t- '" ... Z ... ..: \i: llo i:Z ... .. llo; ..: .. 00 llo = :>< .i ,.Q ., ..l .;: .r!! .. ..l ;: .. 0 .. =: u II'> == - t- " '" Eo< " ,.. .. Z - .. 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CD ::; 'OW ~~O ,"l, ."'-"""'f "1~~~' "'~' r " '''l- :-~~----~~----.i 0''; 'L:;'~ I :', :-, ~~ ,. ~~; :: \-(;;;,,~,:'>,::'_"; --- .-~ '"","_ .... t. v \~,/ '.~f -!....... ,.,~1'~<'1 ':-.\ :\ \~' ~. >,,~,\::.: I.h~, I. .:::/ ..., ,... ,n'TI l~1 ...-..>- "',' ;, ~8~1\O~!' " ~~_""'-"-1,< -~,-'~~:z~__7~~~~ ~.~-==-. .._~ n~~.......J'\ '':., I: \ \r \.: . .., r! \ 0"6<" L.,>)- ~l~n E/ I 1. "<t o ~ ~ ~ N ~ '" ~ It) '" .... co '" ~'''i j "<t It) ~ ~ '-- '0 " E- "''' ~~ ~o ,,- o.~ ":W S'" "''' "'.- S .2: ",!l &8! "'!l !lie .~O o.~ 'O[g ~o. ~1ii E"O ~ " Z> -ij S" ~c:: Ii; "0 " " (/J O~ .8~ g~ z'" -!l s" 0._ 1-0. ;M &- i:p rs ~w., , ~~~~~ 'ii.~' ;;,,," .,.." ~""",,-' '~""~',~"; ,~"' ., ~,'";"",,,",,--~", J""~"'"'",,,,<'w>\'1,:;,'r''''~1fttt ['K' t,":- ~ 0 c:) ~. C :-'-';~ U .._- C::J --I I I -'I ill (:, C"") ~ I . -~ ~ C~, ::~ "" I r.:::: C:,; ... :1 .:;' j; C) -- ~ CJ- ;rl > "''' C sj /: :'T! =< ::::i.J (l, -< ,.".",= ,~, '" ~-I!"i'-'T~~IWIll!IIIJiI~~V~n;~_('~'0F"N"", ""~',".,;'" ,;"-:~!:",~-",~'{'P.!,"ry.,..,r;-'f1(!lw!;r;;wq,~<RW;:;:-*,"i'''''''';';~',,~;;,'-"~"t:"""'-",,~~,,~r;;i'it"'i1':n'~~;f~ FEDERMAN AND PHELAN By: FRANKFEDE~N,ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 (215) 563-7000 SUNTRUST BANK F/KJ A CRESTAR BANK 1001 SEMMERS AVENUE RICHMOND, VA 23224 v. DAVID E. CLUCK KELLY L. CLUCK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 01,3316 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark judgment in the above captioned matter "Satisfied" u n payment of your costs only. December 5, 2001 , .e'.' ",. - ,~ , -. '~"'I~" "" s:::'r-' C.'- ~ -Jl,,,,.,,~ _~ me ., JTIW,_~"" ~'1! ~. "' ,~~- " C) r' ?: If ~ ~J c.~) C;l Q ;"'q CJ "'-.'-! :'~~-, ~+-,~, ~-;-. ~::"! ,.(~'Il!II'!)~~~lM~Jj:i1f~,~,.~mi%'<-01'-""-,<r;~;;1~;YF~-i-"'-"F1'0_~~<jW.~"_,,",,!!-1'b-"!1'i1~i~6[~~'Jfm~"i\(!\''"'_f'c!j~!l!~!W\lI&li!fq:~f;Wf~~; . Suntrust Bank f/kla Crestar Bank VS David E. Cluck Kelly L. Cluck In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3316 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Law Journal Patriot News 30.00 30.00 15.00 .50 1.50 25.66 11.05 15.00 15.00 '-1.26 2143.20 446.75 318.99 $3053.41 paid by attorney Sworn and subscribed to before me So Answers: This JSfY day of ~ 2001, A.D. e].'r ' () ~;tJh J, ~" prothonotary ''''- , '""-'I'~ R. Thomas Kline, Sheriff BY 9h~~ Wllih Re Estate Deputy 5"0 I, ey,.. "30'0(, 'f f2u.. /lq93{) - 1 ~,It ~_, ~~ , , , 8UNTRUST BANK FfKlA CRESTAR BANK CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DAVID E. CLUCK KELLY L. CLUCK CIVIL DIVISION NO. 01-3316 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) SUNTRUST BANK FIKlA CRESTAR BANK, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 204 MOUNTAIN VIEW ROADMOUNT HOLLY SPRINGS, PA 17065 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAVID E. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 0 0 ~~ c: s :>?': u-cc.: c_ rl1fT': G? r 2:( ; " ~s;: > I::; <...rl ) ~..:,- ...;~~ r'C' ~"O s: "' ~;;f;~ ~C:) --. =0 N ;P'C '-''"'1 Z :,) 5) ~ "-' -< KELLY L. CLUCK 1944 B FRY LOOP AVENUE CARLISLE, P A 17013-4601 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None '0). .,.., "- .~ L""':". ~ . . . 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be . reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiffhas knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant ., 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cnmberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to orn falsific n to authorities. AUllUst 14. 2001 DATE ;-;Jf;; ."" -~. . '" "'1 ' ,." =" ~ '.- ... SUNTRUST BANK FIKIA CRESTAR BANK Plaintiff, CUMBERLAND COUNTY v. No. 01-3316 CIVIL TERM DAVID E. CLUCK KELLY L. CLUCK o r;: '"06" I'll rr i Z:J} ~~.. August 14, 2001 ~~ KELLY L. CLUCK :3 1944 B FRY LOOP AVENUE - CARLISLE, PA 17013-4601 Defendant(s). TO: DAVID E. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 c' ~ ~;S C,' ,"I.,.) :...) [''0 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 204 MOUNTAIN VIEW ROADMOUNT HOLLY SPRINGS, P A 17065is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in lhe Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by SUNTRUST BANK F/K1A CRESTAR BANK (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the .Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. :;;- - ~'''-o1-"'' _" -'~, ^ " ~, , ',-",7 Yau may need an attorney to assert '1our ri~ts. The sooner you contact one, the more chance you will have of stopping lhe sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5, You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. . YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ',1::.[00;.1 ~ _ _~'." _ " " ,-~"'C,', ~ -r'o _, _, ,,, , .~ """.. A.LL THAT CERTAIN tract af land Situate in the: Township of Dickinson. County af Cumberland, and Commonwealth of Penrlsylvania. ,being more particularly bounded and described "s follows, to wit: BEGINNING at a paine in the centerline af Mr, View Road (T-4.74), said poim marking the camman point of adjoiner of Lots #3 and #,1 on the hereinafter memioned plan or subdivision with the centerline of said roadway; thence depaning from the centerline of Mt. View Read, and extending along Lot #3. North eighty-eight (88) degrees three (03) minutes forty-twO (42) se<::onds West, through an iron pin set on the Westernmost dedicated right-of-way line of Mt. View Road, a distance of twenty-five =d no hundredths (25.00) feet from the origin of this <::aJI, for a total distance of six l1undred ninelY-nine and runelY-two hundredths (699,92) feet to an iron pin set at lands now or formerly of William McCoy; thence extending along lands now or formerly of William McCoy. North six (6) degrees thirty-rIve (35) minutes fOTry-one (41) seconds East, a for a disrance of one hundred fifty and forry-five bundred!hs (150.45) feet to an iron pin set at Lot #5 on the hereinafter mentioned plan of subdivision; !hence e)(tending along Lot #5, South eighty-eight (88) degrees three (03) minutes fatty-two (42) seconds East, through an iron pin set on the Westernmost dedicated right-of-way line of Mr. View Road, a distance of tWenty-five and no hundredths (25,00) feet from the terminus of this call, for a total distance of six hundred ninety-one and twenry hundredths (691.20) feet to a point in the centerline of Mt, View Road; thence extending in and through the centerline of ML View Road by an arc or curve to the left roving :l radius of four thousand seventy-two and tbirtj.-si" hundredths (4,072.36) feet, for an arc distance of one hundred fifty and no hundredths (150.00) feet to a paint in the centerline of Mt. View Road at Lot #3, said point marking the place of beginning. CON~..l,JNING 2,3067 acres to the dedicated right-of-way line and 2,3928 acres to !he cenrerline of Mt. VIew Road, and being designarc:d as Lor #4 on a fmal plan of subdivision of White Tail Meadows prepared for Kenneth Lin, Inc, by Stanley Jarmolenko, Registered Surveyor, dated October 21, 1991, and recorded in the Office of the Recorder of Deeds in and far Cumberland Counry, Pennsylvania in Plan Book 63, at page 136. Tax P:ll'cd # 08-12-0338-104 TITLE TO SAm PREMISES IS VESTED IN . David E. Cluck and Kelly L. Cluck. husband and wife by Deed from Kenne!h Lin, rnc, dated 9/21/93, recorded 9/28/93, in Deed Book 0-36, Page 34, WRIT OF EXECUnON"lfnd/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) . COUNTY OF CUMBERLAND) l,'! NO. 01-3316 CIVI4<W TERM CIVIL ACTION - LAW TO THE SHERIFF OF () tmhl:::~r 1 i=lnn COUNTY: Suntrust Bank F/K/A Crestar Bank To satisfy the debt, interest and costs due PLAINTIFF(S) from David E. Cluck. 204 Mountain View Road. Mt Hollv Sorinos, PA 17065 Kelly L Cluck. 1944 B. FJ:y Loop Avenue. Carlisle. PA 17013-4601 OEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell ~j!:I A++-;::Il"'h~ T~~l f)p.R~r;p+;nn (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notny the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due 105.187.46 from 7-17-01 to 12-5-01 Interest :;;2.437.89 and COl3tl3 Atty's Camm % (per diem $17.29) L.L. 50\' Due Prolhy 1 nn Other Costs Atty Paid Plaintiff Paid 119.72 Date: .a.llrylRt- 1 ~, 1001 ()n-t-iR R Trmg by (kj>fAJ!JJ:::~~ REQUESTING PARTY: Name Frank Fedennan Address: One Penn Center at Suburban Station; Suite 1400 Phil~np1phi~, PA 1Q103 Attorney for: P1<lipHff Telephone: 215-563-7000 Supreme Court 10 No. 1 ?::>4R V-""."ITffi"5<1lY1ll!l, ~ ~,t<'''''''' "'~, . r r .- "-, REAL ESTATE SALE No. f'?; On Sept. 10, 2001 the sheriff levied upon the de:endants interest in the real property situated in rH ~ld MM 'T'~"'Mh; D Cumberland County, Pa., known and numbered as: 204 .Mountain View Rd. Mt. Holly springmd more Tuily ~escribed on exhibit "1)." filed with this writ and by this reference incorporated herein. Date: Sept. 10, 2001 By: C)~SINU::k::h Re~l E tate Deputy ~ ~ ~ ~ "'jlJ'Hl' ",.,",..\':<d v 1'\ "i 1\ ,.....' '. -' ':~-" ':- ~ ',',~ ',;'~) 10, \1d 60 S 91 3n~ llliiHv:~' ,:. '. "t~\~flO .:idil!3HS ;;~~~ i0 3:1l::L:iO _,;;;~>>> x,. " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of lhe Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street. in lhe City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th e Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sundayl Metro editions which appeared on the 23rd and 30th day(s) of October and lhe 6th day(s} of November 2001. That neither he nor said Company is interested in the subjecl matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are lrue; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot,News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of thetai ompany and subsequently duly recorded in the office for the Recording of Deeds in and for said County 0 auphi in Miscellaneous Book "M", Volume 14, Page 317. PU BLICA TION ................... .....~................... ........................................... ........ COpy SA L E *13 Swrnoan Nolanal Sol Te"Y L R.....Il. Nolary Publ M :Ifl, Dauphin Coun Y OIlExp;resJune6..2002 NAY PUBLIC Memoer, PennsylVania Associal'.' .'" of ~~mmission expires June 6, 2002 mber 2001 A.D. CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 c , Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above slated dates $ Probating same Notary Fee(s) $ Total $ 317 .49 1.50 318.99 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publicalion costs and certifies that the same have been duly paid. By.................................................................... ;~;-1""'''''''''''''~-W:.","",~~. ,..~~ .......,......."....,........... .,_~ -, ' -,' ~-, ~~, '''''- " & ku,o REAL ESTATE SALE No.13 Writ No. 2001-3316 Civil Term Suntrust Bank fMa Crestsr Bank 1.'8 . David E: ,Cluck and . KellyL. Cluck k~: F!litlk Federman DESCRIPTION " ALL THAT CERTATN tract of land Situate in the Tlwmship of Dickinson, County of Cumberland, ami Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point in the cClllerline of Mt View Road rr-474), 5aid point marking the common point of adjolner o( Lots #3 ano #4 on theheieinaflermenllonedplanofsubdivi~lonwifh the centerline of said roadway; thence departing from the centerline of Mt. Vil.-'W Road, <Uld ~xtending .alol1E Lot #3, North eight)'.eight (88) degrees.three.(03) minutes forty-two (42) seconds We,~t, through an iron pin set OIl the Westernmost demcated !igbl.of.Y;;~y of ML View Road, a distance of t~nty.C\le feet and no hundredtns (25.00) feet from thc(;rigin of this c311, fora total distance of ~ix hunclR ~ ninety-nine and nirn:!y. t\'1O hundredlbs (699.92; feet to 1m iron pin set at lands now o}Yormerly of William McCoy; thence extending along land.~,nqw or lonnerly Of William McCoy, North six (6) degre~:; thirty.five (35l -~-:-tlilrtutef forty-one (41) seconds East, and for a rustanccof onc hundred fifty and forty-five 'iUJii.dredths (["50.45) feel to an iron pin S"et at Lot '#5. .on the hereInafter mentioned plan of suooivision; thence extending alonsLot #5, SOli!b 'c'ighty-eigot (88) degrees three W3l minutes fOrty- two (42) secends East, through an.iron pin set on the Westen1\l1ost dedj:ated right-of-way line <ifML VieVI Road,.1 d1funce of twenty-five illtd no hUlldredtbs (25.00) J'~ from the knninus of thL~ cttlJ, for a total, disla.~e of ~U hundred ninety.one aild..twenty,hundreJt.ls (691.20) feet to 11 point in me centerline of Mt. View, Road; thence extending in 'ami through the centerline of Mt. View Romi by an a[(ord.ll:ve to the leftbavingaraditlsoffour thousand seventy-two .and thirty-~ix hundredths (4,072.36) feet:,. for an arc dhumce of one hutldred fmy .aud non hundredths ft50.(0) feet to a point :in the centerline: of Mt View Road at Lot #3. said poInt marking the placcof begjlming. CONTAINING 2.3067 acres to the dedicated right-of-way line and 1.392S acres to the centerl1ne of ML View Road, 8lld being de.signared aJi Lot #4 on a final plan of subdivi'i\lln of\Vhite TaU Meadows prepared for Kenneth Lin, me. by ~tane1y Jannplenko, Registered Surveyor, <1aled October 11, il991, and recorded in' the Office of the Recor4er of Deeds in and for Cumberland CQunty, ~~n.llsylvania ill Plan Book 63,atpageq6. ~ ' Tax parcel #~~-12.033s:.104. TITLE TO SAID PREMISES IS VESTED IN David E, Cluck and Kelly L. Cluck, husbandand >\ife, by Deed from Kenneth Lin, Inc. dated 91ll! ',' 93-, recorded <Jt28193, in Deed Book 0-36, Page 34. , . "~.'., PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: October 12, 19,26,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~~ Ro M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 NOTARIAl LOIS E. SNYDER, Notary Public CarlIsle Baro, Cumooriaml County My Comml8sian Expires March 5, 2005 'W~:"""f,_f'.lfl !M'O~l'llf~"lIl!1_ r"~'~~,;", ,,1 - . , '7' ~,~~' " 1 ' . .J' REAL ESTATE MLE NO. 13 Writ No. 2001,3316 Civ1l Suntrust Bank f!k/ a Crestar Bank vs. David E. Cluck and Kelly L. Cluck Atly.: Frank Federman ALL THAT CERTAIN tract of land Situate in the Township of Dlckin, son, Coun1;y of Cumberland, and Com' monwealth of Pennsylvania, be1I1g , more particularly bounded and de, scrtbed as follows, to wit: BEGINNING at a pOint in the centerline ofMt. View Road 0',474), said point marketing the common point of adjoiner of Lots #3 and #4 on the heretnafter mentioned plan of subdivisIOn With the centerline of said roadway: thence departing from the centerline of Mt. View Road. and extending along Lot #3. North eighly'elght (88) degrees three (03) minutes forty-two (42) seconds West, through an iron pin set on the Westermnost dedicated right-?f- way line of Mt. View Road, a dIS- tance of twenty-five and no hun- dredths (25.00) feet from the origin of this call. for a total distance of six hundred ninely'nine and ninely- two hundredths (699.92J feet to an iron pin set at lands now or former- ly of WlIliam McCoy: thence extend, ing along lands now or formerly of W11liilW !\:IcgOy: North ~ix(6) lle~e~ thirty,fjve (35) minutesfotty-one (41) seconds East. a for a distance of ~~""""', ,.&A. , one hundred fifty and forty,fjve hun, dredths (150.45J feet to an tron pin set at Lot #5 on the hereinafter mentioned plan of subdivision; thence extending along Lot #5. South eighly-eJght [88) degrees three (03) minutes forty,two (42J seconds East. through an iron pin set on the Westernmost dedicated rlght'of-way line of Mt. View Road, a distance of twenty~five and no hundredths (25.00) feet from the terminus of this call; for a total distance of SiX hundred nlnety'one and !wenly hun, dredths (691.20) feet to a pOint in the centerline of Mt. View Road: thence extending in and through the centerline of Mt. View Road by an arc or curve to the left having a ra- dius of four thousand seventy-two and thirty'six hundredths (4.072.36J feet, for an arc distance of one hun- dred fifty and no hundredths (l50.oo) feet to a point In the cen' terline of Mt. View Road at Lot #3. said pOint marking the place of be' gJnnJng. CONTAINING 2.3067 acres to the dedicated rlght'of-way line and 2.3928 acres to the centerline of Mt. View Road. and being designated as Lot #4 on a final plan of subdlvi, sian ofWh1te Tall Meadows prepared for Kenneth Lin, Inc. by Stanley Jarmolenko, Registered Surveyor, date Octoher 21. 1991. and record, ed in the Office of the Recorder of Deeds in and for Cumberland Coun- ly. Pennsylvania in Plan Book 63, at Page 136. Tax Parcel # 08,12,0338,104. TITLE TO SAID PREMISES IS VEsTED IN David E. Cluck and Kelly L. Cluck, husband and wife by Deed from Kenneth Lin. Inc. dated 9/21/93.. recorded 9/28/93. in Deed Bmok 0-36, Page 34. 'C_""'f';1;!S';!>WA;fnl.Wl'llf'!!f'iIl'1'lI_~~~mj",iW'~~ ru;;'i_"F~WI!t;'.,,,,,",-'f,~M-'" ~'f'F"" 4~~!~\l1$l~~.~~~.<jiIi~' - ""'0"