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HomeMy WebLinkAbout99-05608F., Fna 1 ._ I , rx r' 1,': FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 CRESTAR MORTGAGE CORPORATION 901 SEMMES AVENUE RICHMOND, VA 23224-2243 Plaintiff V. DAVID E. CLUCK KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. qJ- SGO$ CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPrCY 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Plaintiff is CRESTAR MORTGAGE CORPORATION 901 SEMMES AVENUE RICHMOND, VA 23224-2243 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID E. CLUCK KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 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 dated 11/10/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 562, Page 377. 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 4/1/99 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." 6. The following amounts are due on the mortgage: Principal Balance $97,965.80 Interest 3,334.08 3/1/99 through 9/1/99 (Per Diem $18.12) Attorneys, Fees 4,000.00 Cumulative Cate Charges 161.00 11/10/97 to 9/1/99 Cost of Suit and Title Search 0 550, Subtotal 106,010.88 Escrow Credit 0.00 Deficit 658.39 Subtotal 658.39 TOTAL $106,669.25 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "B"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. f?3 ?J 10. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $106,669.25, together with interest from 96/99 at the rate of $18.12 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Creetar Mortgage Corporation 'P.O. Box 26149 'Richmond, Virginia 23260.6149 June 07, 1999 David E Cluck Kelly L Cluck 204 Mountain View Rd Mount Holly Springs PA 17065 RE: Mortgage Loan 0000735515 Property: 204 Mountain View R Mount Holly Springs PA Dear Borrower(s): l P 973 252 508 I U) m p T -, 0 CD - 17065 This letter is to notify you that the above referenced property secured by the Deed of Trust/Mortgage is in default.. The loan is now due 'for the 04-01-99 installment; therefore, you are in default for the total amount due of 9 2,493.13 The amount of the default will increase when an additional payment or an additional late charge becomes due. In order to reinstate the loan, you will have to remit in Guaranteed funds the total amount due including additional payments or late charges that become due, along with any fees for market analysis or appraisal that will be ordered within the next few days. If reinstatement funds are not received within thirty days from the date of this letter, it may become necessary to accelerate the entire balance of the loan. Should the entire unpaid balance of the loan be accelerated, foreclosure proceedings will be instituted in accordance with the aforementioned Deed of Trust/Mortgage. The loan may be re- instated prior to the fifth day before the date of the foreclosure sale by tendering in certified funds the entire delinquent amount including any additional payments which become due, all late charges, fees and other expenses incurred by the lender (not applicable to VA Guaranteed loans). In the event the loan is not reinstated, sale will occur as scheduled and you will be responsible for any deficiency should the proceeds be insufficient to pay your loan in full 'after deducting the expenses of the sale. EXHIE31 A Crester Mortgage Corporation P.O. Box 26149 'Richmond, Virginia 23260.6149 CREWIM David E Cluck Kelly L Cluck Mortgage Loan No.: 0000735515 June 07, 1999 Page 2 You may at any time bring a court action to assert the non-existence of your default of this loan or to assert any other defense you may have. The seriousness of this matter should not be disregarded; therefore, give this letter your preferred attention. If you have any question, please contact our office on 291-0620 in the Richmond area or our toll free number at 1-800-552-6507. Mortgage Collection Department CLO31 003 CPI 1 SENDER: I also wish to receive the t . Check Eoa at rwd d you main R.strbted o.ikey. following services (for an extra fee): I • prim W Iwne w amm.e on ma merge of this farm w Net ee an m rn this cam to yae. Restricted Deliver . ArWh this oh, W the hom of the.,m ce. or on the Sack x space data MI WWI y • nm Rawm R.cw"Slew to wham that article v as ftth red end the ON "K,em. • Consult postmaster for fee. X18 V ?dYC l d c k 4a. Article Number I?Xeity L Cluck •P 973 252 508 i 204 Mountain view Rd 4b. Service Type +I Mount HOiiy Springs PA 17065!, 0000735515 CERTIFIED SBT 7. Date of Delivery _ _ 5. Received By: (Print Name) B. Addressee's Address 6. Signature* t%wressee or m) X PS FORM 3811, December 1994 Domestic Return Receipt !1111'11 Al 1 I EXHISI A Creator Mortgage Corporo P.O. Box 26149 Richmond, Virginia 23260.6149 June 01, 1999 David E Cluck Kelly L Cluck 204 Mountain View Rd Mount Holly Springs Address Correction Requested-Pleat I ? P 973 0 952 II M II N I C: I N y d PA 17065 RE: Crestar Mortgage Loan Number 0000735515 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACTION OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS. Dear Borrower(s), Your mortgage is in serious default because you have failed to pay prompt installments of principal and interest as required for a period of at least sixty (60) days. The total amount of the delinquency is 9 2,493.13. That sum consists of mortgage payments at $ 791.89 and accumulated late charges of $ 64.40. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (The "Act") You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control and if you meet the elegibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this notice. It contains an explanation of your rights. , 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 a representative of this lender or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. This meeting must take place within the next thirty (30) days. EXHIBIT Crestar Mortgage Corporn49 P.O. Box 26149 Richmond, Virginia 23260-6149 f°` 0 w"i If you attend a face-to-face meeting with this lender or a Consumer Credit Counseling Agency identified in this notice, no further foreclosure proceedings may take place for thirty (30) days after the date of this meeting. The names, addresses and phone numbers of the designated consumer credit agencies are attached. It is only necessary to schedule one face-to-face meeting. You should advise Crestar Mortgage corporation immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. You may obtain your form from the Credit Counseling Agency and they will be happy to assist you in completing the application. Your application must be completed and postmarked within thirty (30) days after your face-to-face meeting. Mail this application directly to: 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105. Their telephone number is (717) 780-3800 or toll free number 1-800-342-2397. It is extremely important that you complete your application promptly. If you do not follow the time periods set forth in this notice, foreclosure may proceed against your home immediately and you will forfeit your eligibility for assistance. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after they have received your application. During this time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth in this notice. You will be notified directly by the agency of its' decision on your application. Since your loan is past due, a property inspection has been or will be ordered. You will be responsible for this cost. Thank you for your prompt attention to this matter. Should you have any questions, please contact our office at 291-0760 in the Richmond area or toll free 1-800-552-6507 from all other areas. One of our Loan Counselors will be happy to assist you. Mortgage Collection Department ExNle1Te nuweaa wnnu.un neyunatnu-rlnnsn uU tw[ rorwarc Crestar Mortgage Corpot? t P.O. Box 26149 6. Richmond, Virginia 23260.6149 MAILED BY CERTIFIED MAIL CLO14 006 • Cn & boa ai right i[ you raWire %sUaW W.,,. I also wish to receive the qt„y your wme W epdreaa on tM rowne of this form fo that tae can reNm this Can! following services (for an extra fee): tp you. ? • Much title roan to me tent of IM mablece, a W pro back N epece ,oea rot pemet. ,? Restricted Delivery • Tte Retum Receipt w o shq to xfam Ve ,,o w" ps,WW to, tM ,to Miverep. i Consul) postmaster for lee. ? 4a. Article Number P 973 250 952 rr3s? / L? / 4b. Service Type CERTIFIED > n?re ..r r Ji...... 6. Signature: U d ee or Ac J PS FOW3811, December 1994 i) f I it iti i f f ;i 11 I( II Addressee's Address Domestic Return Receipt EXHIBIT 1 Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) LmIning-Clinton Counties 2Cowuni33ian For CommunityAcSOn (ST.-P) P. 0. Bez 1323 CQ°t WllinmsPoR Pa. 17703 (570) 326-0587 FAX (570) 322.2197 CCCS of Norheastern PA 20r1 Basin Street 5 10) dl b62 P.417703 ( FAX (570) 323-4626 CLL`7TON CO 11, CCCS ofNortheastarn PA 1631 S Atherton St Suits 100 State College, PA 16801 (814) 2383668 F.AX (814) 238.3669 COLUSD3LA COUi 7TY CCCS of Northeastern Pennsvlvania 31 W. Market Street FOB 1127 1400 Abington Executive Park Wilkes-Bare, PA 18702 Suite 1 Clarks Summit, PA 18411 (570) 821-0837 or (800) 922.9537 FAX (570) 821 1785 (570) 587-9163 or (800) 922-9537 . F.AX (570) 587-9134!9135 Commission on Economics Opportunity of Luzern County 163 Amber Lane Wilkes-Barre, P.A. 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829.1665-CALL BEFORE FAX4NG (870) 455-4994 HAZELTON F.AX (570) 455.5631--CALL BEFORE F.AMNG (570) 836-4090 TU EHA,4NOCK Booker T. Washington Center 1720 Holland Street Eris, PA 16503 (814) 453-5744 FAX (814) 453-5749 John F. Kennedy Center, Inc. 2021 East 20th Stmet Erie, PA 16510 (814) 898-0400 FAX (814) 898.1243 CRAWFORD COUNTY Greater Erie Cammuaity Aron Committee 18 West 9th Street Erie, PA 1650L (814) 4594581 FAX (814) 456-0161 Shenaago Valley Urban League, Inc 601 ladiaaa Avenue Farrell, PA 16121 (412) 9813310 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Har.-:3burg, PA 17102 (717) 541.1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717)234.5925 FAX (717) 234-9459 CUMMERLAND COMM Flaaocial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243.3818 FAX (717) 731.9549 Community Aeon Comm of the Capital Region 1514 Derry Scmt Harrisburg, PA L7104 (717) 232-97 , 57, FAX (717) 23.4.2227 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334.1518 FAX (717) 334-8326 EXHIBIT B PENNSYLVANIA BULLETIN, VOL 29, NO. 25. NNE s. 7999 ALL THAT CERTAIN tract of land situate in the Township of Dickinson, county of Cumberland, and ( Commonwealth of Pennsylvania, being more particularly )))i bounded and described as follows, to wit: BEGINNING at a point in the eenterlins of Mt. View Road (T-474), said point marking the common point of adjoiner of Lots #3 and #4 on the hereinafter manticised plan of subdivision with the 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 West,, through an iron pin set on the westernmost dedicated I 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 not at lands now or formerly of William McCoy; thence extending along lands now or formerly of William McCoy, Nox'th 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 Mt. View Road,.a distance } of twenty-five and no hundredths (25.00) fast 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 centarline of Mt. View Road; thence .extending in and through the eenterlins 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 centarline of Mt. View Road at Lot #3, said point marking the place of BEGINNING. CONTAINING 2.3067 acres to the dedicated right-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 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, at page 136. os UNDER AND SUBJECT, NEVERTHELESS, to building and use 42.?jtrictions for White Tail meadows, as recorded in the rlca of the Recorder of Deeds in and for Cumberland unty, Pennsylvania in Miscellaneous Book 412, at page 7, et seq. m UNDER AND SUBJECT, NEVERTHELESS, to all easements, gtas, and rights-of-way noted on the plan of ftodivision. CIZ cra BEING A SHALL PORTION OF THAT SAME PREMISES which Donald A. Group, at al, by dead dated January 30, 1992, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Dead Book 35- M, at page 821, granted and conveyed unto Kenneth Lin, Inc.. the Grantor herein. AND the said Grantor does hereby SPECIALLY WARRANT the property hereby conveyed. PREMISES: 204 MOUNTAIN VIEW ROAD VERIFICATION Rebecca W. Shaia hereby states that she is Assistant Vice President of Crestar Mortgage Corporation, 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. Rebecca W. Shaia \ Assistant Vice President Crestar Mortgage Corporation DATE: _ 9_2 , 0 Lr try m r m L U? ? • OOBDi[L91t M M Oltp!!LU W ?1'MINMUI.I" N VIS Y MID '1YD31 31V15 ' 1w ? d ONOHIOW ................•..• a31V1SN13211NI ,`yn,,.jT_J FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215)563-7000 CRESTAR MORTGAGE CORPORATION Plaintiff Vs. DAVID E. CLUCK KELLY L. CLUCK Defendants Attorney for Plaintiff . COURT OF COMMON PLEAS . CIVIL DIVISION . Cumberland County . No. 99-5608-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: October 13, 1999 n; [!j V' CJ e SHERIFF'S RETURN - REGULAR CASE CIO: 1999-05608 P COUNTYWOFLCUMBERLANDSYLVANIA: CRESTAR MORTGAGE CORP VS. CLUCK DAVID E ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within REINSTATED COMP. MORT/FORE was served upon CLUCK DAVID E the defendant, at 19:25 HOURS, on the 4th day of November 1999 at 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND County, Pennsylvania, by handing to DAVID CLUCK a true and attested copy of the REINSTATED COMP. MORT/FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers:i? Docketing 14.96 Z Service 00 Affidavit 8 00 omas R1in5 eri Surcharge b FEDERM 9199 PHELAN by e u 1 Sworn and subscribed to before me this r`5 day of AQe,e.o 1999 A. D. r no?ry SHERIFF'S RETURN - REGULAR CASE NO: 1999-05608 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRESTAR MORTGAGE CORP VS. CLUCK DAVID E ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within REINSTATED COMP-MORT/FORE upon CLUCK KELLY L was served defendant, at 19:10 HOURS, on the 27th day of October the 1999 at 1944 B FRY LOOP AVE CARLISLE, PA 17013 County, Pennsylvania, by handing to KELLY L. CLUCK CUMBERLAND a true and attested copy of the REINSTATED COMP-MORT/FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service 6.00 Affidavit 3.10 00 Surcharge 8.00 $T77I7'FEDERMAN & PHELAN 11/05/1999 So answers. by uep? ? i Sworn and subscribed to before me this ?* day of ?.. , 19 A.D. R ?p ??ro nono ary CASE NO: 1999-05608 P SHERIFF'S RETURN - NOT FOUND COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRESTAR MORTGAGE CORP VS. CLUCK DAVID E ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: CLUCK DAVID E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND as to the within named defendant CLUCK DAVID E DEFT. COULD NOT BE SERVED AT ADDRESS STATED PRIOR TO EXPIRATION DATE. Sheriff's Costs: So answers: Docketing 18.00 Service 8.68 NOT FOUND RETURN 5.00 Surcharge 8.00 om s ine, eri $39.68 FEDER9MMAN9&9 PHELAN 10/119 Sworn and subscribed to before me this V E day of 1996)_ A.D. C- h P ?oLa Qet; SHERIFF'S RETURN - NOT FOUND CASE Vo : 1999-05608 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRESTAR MORTGAGE CORP VS. CLUCK DAVID E ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: CLUCK KELLY L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND as to the within named defendant CLUCK KELLY L DEFT. COULD NOT BE LOCATED AT ADDRESS STATED PRIOR TO EXPIRATION DATE. Sheriff's Costs: So answe s: Docketinq 6.00 NOT FOUND RETURN 5.00 Affidavit .00 Surcharge 8.00 , omas ine eri $Tg=. FEDERMAN 1999 PHELAN Sworn and subscribed to before me this 5 ic, day of 199! _ A.D. Trro OR0 r 9`?? FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 CRESTAR MORTGAGE CORPORATION 901 SEMMES AVENUE RICHMOND, VA 23224-2243 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Gq DAVID E. CLUCK KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 Defendant(s) CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FORTHAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBr 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 TALC DOPY FROM RECOM M T9dhn0q W! 7 e! Jf I t:7tr a unto sat N001111111 and the o; ,•„ 10! et rtIEIS, t? We hereby certify the 1 19.... within to be a true and correct copy of the original filed of record /?} FEJERVIAN AND PHELAN 1. Plaintiff is CRESTAR MORTGAGE CORPORATION 901 SEMMES AVENUE RICHMOND, VA 23224-2243 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID E. CLUCK KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 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 dated 11/10/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 562, Page 377. 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 4/1/99 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." 6. The following amounts are due on the mortgage: Principal Balance $97,965.80 Interest 3,334.08 3/1/99 through 9/1/99 (Per Diem $18.12) Attorney's Fees 4,000.00 Cumulative Late Charges 161.00 11/10/97 to 9/1/99 Cost of Suit and Title Search 550.00 Subtotal 106,010.88 Escrow Credit 000 Deficit 658.39 Subtotal 658 39 TOTAL $106,669.25 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "B"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 10. Pursuant to the Farr Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in mm Judgment against the Defendant(s) in the sum of $106,669.25, together with interest from 9/1/99 at the rate of $18.12 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Greater Mortgage Corporation • P.O. Box 26149 RlchmOnO, Virginia 23260.6149 Juno 07, 1999 David E Cluck Kelly L Cluck 204 Mountain View Rd Mount Holly Springs PA 17065 RE: Mortgage Loan Property: 0000735515 1 204 Mountain View R Mount Holly Springs PA 17065 Dear Borrower(s): P 973 252 50 8 N }(x O F4 i :R s - q CD CD This letter is to notify you that the above referenced property secured by the Deed of Trust/Mortgage is in default.. The loan is now due 'for the 04-01-99 installment; therefore, you are in default for the total amount due of 8 2,493.13 The amount of the default will increase when an additional payment or an additional late charge becomes due. In order to reinstate the loan, you will have to remit in Guaranteed funds the total amount due including additional payments or late charges that become due, along with any fees for market analysis or appraisal that will be ordered within the next few days. If reinstatement funds are not received within thirty days from the date of this letter, it may become necessary to accelerate the entire balance of the loan. Should the entire unpaid balance of the loan be accelerated, foreclosure proceedings will be instituted in accordance with the aforementioned Deed of Trust/Mortgage. The loan may be re- instated prior to the fifth day before the date of the foreclosure sale by tendering in certified funds the entire delinquent amount including any additional payments which become due, all late charges, fees and other expenses incurred by the lender (not applicable to VA Guaranteed loans). In the event the loan is not reinstated, sale will occur as scheduled and you will be responsible for any deficiency should the proceeds be insufficient to pay your loan in full after deducting the expenses of the sale. EXHIBITA Greater Mortgage Corporation P.O. Box 2614b ' Richmond, Virginia 23260.6149 dT'l'id W11AIYl David E Cluck Kelly L Cluck Mortgage Loan No.: 0000735515 June 07, 1999 Page 2 e You may at any time bring a court action to assert the non-existence of your default of this loan or to assert any other defense you may have. The seriousness of this matter should not be disregarded; therefore, give this letter your preferred attention. If you have any question, please contact our office on 291-0620 in the Richmond area or our toll free number at 1-800-552-6507. Mortgage Collection Department CLO31 003 CPI ae,.ur?.. eGecxpoxtlMnttYa+tpun RyetnctMbeWery. t • pint ywr wme en4 eaCnae an Vie mane al Nu loan w Net wa ran nNm mu uN to t? ) e Alum rJS loon b ar fm,x al ra malbieee. ar an llie Eeck tt wxe 0ua not pem+t. The RM Receipt M, ~ to wtnm Va nkW wed dNMwW en0 as Na daW W- 4a II Kelly L C1uCK i 204 Mountain vlev Rd 4. Mount Holly Springs PA 17065., .0000735515 SOT 6. siignatu PS FORM 3 W or Agent), December 1994 I also wish to receive the following services (far an extra fee): ? Restricted Delivery Consult postmaster for fee. ,rticle Number P 973 252 508 service Type Jul CERTIFIED ate of Delivery 6-/9- 99 Odressee's Address EXHIE31TA - . Addwas Correction Roqueelod-Plom Craatar Mortgage Corpo AD, P.O. Box 26148 , Richmond. Virginia 20260.6149 I P 973 250 952 II En June 01, 1999 I I a LA d c Jt David E Cluck en Kell L Cluck 204 Mountain View Rd Mount Holly Springs PA 17065 RE: Crestar Mortgage Loan Number 0000735 IS IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACTION OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS. Dear Borrower(s), Your mortgage is in serious default because you have failed to pay prompt installments of principal and interest as required for a period of at least sixty (60) days. The total amount of the delinquency is $ 2,493.13. That sum consists of mortgage payments at 5 791.89 and accumulated late charges of $ 64.40. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if YOU comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (The "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control and if you meet the elegibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this notice. It contains an explanation of your rights. 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 a representative of this lender or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. This meeting must take place within the next thirty (30) days. E X 111 - 11. 3% 1T ED; CroStar Mortgage Corpon49 ? - P.O. Box 26149 Richmond, Virginia 23260.6149 CR wt. c If you attend a face-to-face meeting with this lender or a Consumer Credit Counseling Agency identified in this notice, no further foreclosure proceedings may take place for thirty (30) days after the date of this meeting. The names, addresses and phone numbers of the designated consumer credit agencies are attached. It is only necessary to schedule one face-to-face meeting. You should advise Crestar Mortgage Corporation immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. You may obtain your form from the Credit Counseling Agency and they will be happy to assist you in completing the application. Your application must be completed and postmarked within thirty (30) days after your face-to-face meeting. Mail this application directly to: 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105. Their telephone number is (717) 780-3800 or toll free number 1-800-342-2397. It is extremely important that you complete your application promptly. If you do not follow the time periods set forth in this notice, foreclosure may proceed against your home immediately and you will forfeit your eligibility for assistance. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after they have received your application. During this time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth in this notice. You will be notified directly by the agency of its' decision on your application. Since your loan is past due, a property inspection has been or will be ordered. You will be responsible for this cost. Thank you for your prompt attention to this matter. Should you have any questions, please contact our office at 291-0760 in the Richmond area or toll free 1-800-552-6507 from all other areas. One of our Loan Counselors will be happy to assist you. Mortgage Collection Department EXHie/re MVU?CJn 1iV11tlUINl? nbllVtlJIbW1'ItltlStl wc'Not rotware Creator Mortgage Corpo' 'P D. Box 26149 10 Ric 1 hmond, Virginia 23260-6149 MAILED By CERTIFIED MAIL CLO14 006 QCMUCn: P • ChKk nog at d ht it y u,.av;,, Reatridw by;,e,y. I also wish to receive the ' • b , na,p• vq aE7,ea on iM reyraa ,t tttk {pm ap wt ve can reNm Nb nN following services (far an extra fee): ' You. I • att•cn ft term ro ft hmt of Ne meibbee, a m ft nod, a e O Eoe Es te de not n t. ,? Restricted Delivery j • The Rehm RKe 49 elw bt wtbm E• arMb wu de?Ite,eE aq IM elkered. I Consult postmaster for fee. 4a. Article Number P 973 250 952 !f ??? GJ I 4b. Service Type J --.7 CERTIFIED ? ; 7. Date of Delivery „, 6. II VIZ-Z- 9 or AaarR1 T:St37 7, December 1994 I I (I I I l i i f 11 l t I; It Address Domestic Return Exn1Sjre Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) Lrioming- Clinton Counties COMMl4aion Far Community Action (STEP) 2138 Lincoln Scott P0. Box 1325 V'raua 6-053 PA 17703 FM (570) 32^•2197 CCCS of Y0r4e33rera PA 201 Basin Street (0)Pu6 PA 17703 FAX (570) 326626 CLLR o-- L CCCS atYorseaster¢ P.A 1631 S Atherton St Suite 100 State College, PA 16801 (814) 238.3668 FAX (814) 238.3669 COLL-5iB1A COLtiTY CCCS of Nor_heastem Pecnavlvania 31 W. Market Street 1400 Abington Eserative Park POB U= Suite 1 Wilkts-Barre, PA 18702 Clarks Sumair- PA 18411 (S70) 821-0837 or (800) 922.9537 (570) 587.9163 or (800) 922.9537 FAX (570) 821.1785 FAX (570) SW-9134+9135 Commission on Economics opportunity of Luaeme Count/ 163 Amber Lane Wdkes-Barra, FA 187,02 (570) 626-0510 or (800) 822-0359 FAX (510) 829-1665--CALL BEFORE FA=G (570) 455-4994 HAZELSON FAX (570) 455.5631-CALL BEFORE F-AXLNG (570) 836-4090 TUNKH.-UN Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 FAX(814) 453.5749 John F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CRAWFORD COLNTY Greater Ere Cammunit-jAron Committee 18 West 9th Street Ere, PA 16501 (814) 4594581 FAX (814) 456-0161 Shenango Valley Urban League. Inc 601 Indiana Avenue Farrell. PA 161^1 (412) 981.5310 CUMBM11-10 D COUN'PY CCCS of Western Penwylvaaia, Inc. F nancial Counseling Ser ices of Franklin 2000 Ling!estowa Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17:68 (717) 541.1757 (717) 762.3255 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, P.A. 17101 (717) 234-5925 FAX (717) 234.9459 Communirj Action Camm of the Capital Region 1514 Deny Street Harrisbur;, P.A. 17104 (717) 232.9757 FAX ( 717) 234-2227 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731.9589 Adams County Homing Authorirl 139-143 Carlisle St Getysburg, FA 17325 (717)334.1518 F.AX (717) 334.8326 EXHIBIT B PENNSYLVANIA BULLETIN, VOL 29, NO. 27, JUNE 5, 7999 ALL THAT cBRTAIN 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 cants=line of Mt. View Road (T-474), said point marking the common point of adjoiner of Lots #3 and #4 on the hereinafter, mentioined plan of subdivision with the canterlina of Said roadwayt thence departing from the eentarline of Mt. view Road, and extending along Lot #3, North alghty-eight (88) degrees three (03) minutes forty-two (42) seconds West., through an iron pin met 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 net at lands now or formerly of William McCoy; thence extending along lands now or formerly of William McCoy, North six (6) degrees thirty-live (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- aight (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) fast to a point in the eanterline 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 (4,072.36) feet, for an arc distance of one hundred fifty and no hundredths (150.00) feet to a point in the canterlina of Mt. View Road at Lot #3, said point marking the place of SEGINNZHG. CONTAINING 2.3067 acres to the dadieatad right-of- way line and 2.3928 acres to the centarline of Ht. View Road, and 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, at page 136. 07 UNDER AND 80WECT, NEVERTHELESS, to building and use E%btrictions for White Tail Meadows, as recorded in the 'Mrgice of the Recorder of Deeds in and for Cumberland ; unty, Pennsylvania in Miscellaneous Book 412, at page 7, at seq. m UNDER AND SUBJECT, NEVERTHELESS, to all easements, 9o4-es, and rights-of-way noted on the plan of 6division. Cn BEING A SMALL PORTION OF THAT SAME PREMISES Which Donald A. Group, et al, by dead dated January 30, 1992, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 35- M, at page 821, granted and conveyed unto Kenneth Lin, Inc., the Grantor herein. AND the said Grantor does hereby SPECIALLY WARRANT property hereby conveyed. PREMISES: 204 MOUNTAIN VIEW ROAD k { ! ! the Rebecca W. Shaia hereby states that she is Assistant Vice President of Crestar Mortgage Corporation, 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. Rebecca 'W. Shaia Assistant Vice President Crestar Mortgage Corporation DATE: _ 0 -1 9 OFFICE or 1 ?F Shr"11 F cup.,: See 13 3 52 FM '33 C;,n.Ll 3LE PENkSYLVAN IA G^n d d 'e! je eig M01V u ezeld lalu?O uad 0% 1 003 clins NV13Hd 4NV NV JH.03d C>mI:i90EMy019D1LL900 y ?YI'PYWFU?lul ngHYJ?YOnwOtl 99110 T93131tlL5't1V FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 CRESTAR MORTGAGE CORPORATION 901 SEMMES AVENUE RICHMOND, VA 23224-2243 Plaintiff V. DAVID E. CLUCK KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Cly- -j 60 CUMBERLAND COUNTY CIVIL ACTION • LAW MORTGAGE FORECLOSURE TICE PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 TRUE G)OPY FROM RE X)W 10 T410lraTry WtWj"r ! „ to SM My" ead D1 " 11111,1,11, PL ?id We hereby certify the within to be a true and correct copy Of the original filed of record FEDERMAN AND PH- "^I 1. Plaintiff is CRESTAR MORTGAGE CORPORATION 901 SEMMES AVENUE RICHMOND, VA 23224-2243 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID E. CLUCK KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 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 dated 11/10/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 562, Page 377. 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 4/1/99 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" 6. The following amounts are due on the mortgage: Principal Balance $97,965.80 Interest 3,334.08 3/1/99 through 9/1/99 (Per Diem $18.12) Attorney's Fees 4,000.00 Cumulative Late Charges 161.00 11/10/97 to 9/1/99 Cost of Suit and Title Search 550.00 Subtotal 106,010.88 Escrow Credit 000 Deficit 658.39 Subtotal 658.39 TOTAL $106,669.25 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "B"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 10. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an L rem Judgment against the Defendant(s) in the sum of $106,669.25, together with interest from 9/1/99 at the rate of $18.12 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Craatar Mortgago Corporation P.O. Box 26149, Rkhrpond, Virglnla 26260.6149 June 07, 1999 David E Cluck Kelly L Cluck 204 Mountain View Rd Mount Rally Springs PA 17065 RE: Mortgage Loan 0000735515 Property: 204 Mountain View R Mount Holly Springs Dear Borrower(s): PA 17065 P 973 252 508 p - =Z d c o m % m This letter is to notify you that the above referenced property secured by the Deed of Trust/Mortgage is in default.. The loan is now due 'for the 04-01-99 installment; therefore, you are in default for the total amount due of $ 2,493.13 The amount of the default will increase when an additional payment or an additional late charge becomes due. In order to reinstate the loan, you will have to remit in Guaranteed funds the total amount due including additional payments or late charges that become due, along with any fees for market analysis or appraisal that will be ordered within the next few days. If reinstatement funds are not received within thirty days from the date of this letter, it may become necessary to accelerate the entire balance of the loan. Should the entire unpaid balance of the loan be accelerated, foreclosure proceedings will be instituted in accordance with the aforementioned Deed of Trust/Mortgage. The loan may be re- instated prior to the fifth day before the date of the foreclosure sale by tendering in certified funds the entire delinquent amount including any additional payments which become due, all late charges, fees and other expenses incurred by the lender (not applicable to VA Guaranteed loans). In the event the loan is not reinstated, sale will occur as scheduled and you will be responsible for any deficiency should the proceeds be insufficient to pay your loan in full 'after deducting the expenses of the sale. EXHifiEW A Creatar Mortgage Corporation P.O. Box 26149 , Richmond, Virginia 23260.6149 David E Cluck Kelly L Cluck Mortgage Loan No.: 0000735515 June 07, 1999 Page 2 You may at any time bring a court action to assert the non-existence of your default of this loan or to assert any other defense you may have. The seriousness of this matter should not be disregarded; therefore, give this letter your preferred attention. If you have any question, please contact our office on 291-0620 in the Richmond area or our toll free number at 1-800-552-6507. Mortgage Collection Department CLO31 003 CPI I SENDER: I • Check box at ripen it yee main ileetrxud aeth<ry. .. '' a p{et ypy IWiy Yq adtlrtu M 1, n of this brm ea mat x! rJrt nWm Me cerE W ym. ' ax,Kh dxe kfrm a Me hint oft Mj"ce.er an de backd epees due rot elem. • The Roam neelipl will eltew b v.Min the article wen ftM and the da- d~1. 449 II Kelly L Cluck 1 204 KountainView Rd PA 170656 4I 1; Kount Holly sP ngR 1[ 0000735515 I SHT 16. siignature 7{1 I PS FORM 381 I Name) ee or Agent), December 1994 I also wish to reeelve the following services (for an extra fee): Restricted Delivery P 973 252 508 CERTIFIED Date of Delivery _ i iiiii.I IiIfi! I- Ii - I - Return Receipt EXH161TA Crastar Mortgage Corpo& P.O. Box 26149 Richmond, Virginia 23260.6149 June 01, 1999 David E Cluck Kelly L Cluck 204 Mountain View Rd Mount Holly Springs Aodress Correction Requested•Pleaf 1 Il II II PA 17065 RE: Crastar Mortgage Loan Number 0000735515 N T O E c m c? 2 P 973 250 952 CJ'? IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACTION OF 1983 PLEASE READ THIS NOTICE. Y FINANCIAL ASSISTANCE TOWARD Dear Borrower(s), OU MAY BE ELIGIBLE FOR YOUR MORTGAGE PAYMENTS. Your mortgage is in serious default because you have failed to pay prompt installments of principal and interest as required for a period of at least sixty (60) days. The total amount of the delinquency is S 2,493.13. That sum consists of mortgage payments at $ 791.89 and accumulated late charges of 8 64.40. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (The "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control and if you most the elegibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this notice. It contains an explanation of your rights. 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 a representative of this lender or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. This meeting must take place within the next thirty (30) days. 0`2' i 13 11" D Crestar Mortgage Corpon49 • P.O. Box 26149 Richmond. Virglnia 23260-6149 MWIP62 If you attend a face-to-face meeting with this lender or a Consumer Credit Counseling Agency identified in this notice, no further foreclosure proceedings may take place for thirty (30) days after the date of this meeting. The names, addresses and phone numbers of the designated consumer credit agencies are attached. It is only necessary to schedule one face-to-face meeting. You should advise Crestar Mortgage Corporation immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. You may obtain your form from the Credit Counseling Agency and they will be happy to assist you in completing the application. Your application must be completed and postmarked within thirty (30) days after your face-to-face meeting. Mail'this application directly to: 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105. Their telephone number is (717) 780-3800 or toll free number 1-800-342-2397. It is extremely important that you complete your application promptly. if you do not follow the time periods set forth in this notice, foreclosure may proceed against your home immediately and you will forfeit your eligibility for assistance. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after they have received your application. During this time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth in this notice. You will be notified directly by the agency of its' decision on your application. Since your loan is past due, a property inspection has been or will be ordered. You will be responsible for this cost. Thank you for your prompt attention to this matter. Should you have any questions, please contact our office at 291-0760 in the Richmond area or toll free 1-800-552-6507 from all other areas. One of our Loan Counselors will be happy to assist you. Mortgage Collection Department FXH/81TB N Crettar Mortgage Corpori 1 P,O. Box 26149 V Richmond, Virginia 23260-6149 nuw wa ?mleuwu neyuealeu-rlease uu 'lot rorwaro MAILED By CERTIFIED MAIL CLO14 006 • ohIP& e a 00, d My rwo,,, ""ided oyry.,y, I also wish to receive the • b -tMirr r•me end +ddmu w IM m.na d MIS b,. W dul .e can mnun I It tud following services (for an extra fee): • Attach Ita roan b do font d d. nwpieee, a an ma onrA a w.ee does ibl pnmt .O Restricted Delivery • Th. Rau. ReceV vnA aMw xr wlgm tt. anitle wu ddn?eE aq IM data delivxed. I ?- -?*-.- Consult postmaster for fee. 4a. Article Number i P 973 250 952 4b. Service Type e; ice r 7. Date of Delivery _ . I or AcarF PS FORFf3811, December 1994 '! I( f I TI Ili i (f li ;; (; I( Address Return EXHIBIT g Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) Lymmiag-Clin an Counties Commise(an For Community Action (STEP) 2138 Lincoln Street P. 0. BOX 1328 V4 LUC6POrt, PA. 17703 0) 32-osa-, FAX (570) 32-2-2 IS-, CCCS of Yor_4euun PA 201 Basin Street (370 3?2 p., P.%17703 FAX (570) 323-6626 C12 O- N- ;Im CCCS of Northeastera P.A 1631 S Atherton St Suite 100 State College, PA 16801 (814) 238.3668 FAX (814) 238-0669 COLUNMIA COL-:PPY CCCS of Northeastern Peansvlvania 31 W. a(arket Street 1400 Abington Executive Park POS 1227 Suite 1 Wilkes-Bare, P.A. 18702 Clarks Som-in PA 18412 (570) 821-0837 or (800) 922.9537 (570) 537.9163 or (800) 922-9537 FAX (570) 821.1785 FAX (570) 587.913x9135 Commission on Economics Opportunity of Louse County 163 Amber Lane Wilkes-Bare, PA 18702 (570) 826-0510 or (800) 822-0359 FAY (570) 829-1665--CALL BEFORE FAX LNG (570) 455-4994 HAZELTON FAX (570) 455.5631-CALL BEFORE F.A CNG (570) 836-4090 TUNKF-.%,N NOCK Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 FAX (814) 453-5749 John F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898.1243 CCCS of Western Pennsylvania. Inc. 2000 Linglestown Road Harrisburg, ??117102 (717) 541.1757 Urban League of S(etropolitan Harnebur= N. 6th Street Harrisburg, PA 17101 (717) 2345925 FAX (717) 234.9459 CRAWFORD COL-TT Greater Erie Community Action Committee 18 West 9th Street Ere, PA 16501 (814) 4594581 FAX (814) 4364161 Shenango Valley Urban League, Inc 601 Indiana Avenue Farrell. PA 16121 (412) 981.5310 CUMMERI A.YD COUNMY Finatdal Counseling Serrices of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762.3285 YWCA of Carlisle 301 G Street Carlisle, PA 1,013 (717)')43-3818 FAX (717) 731.9589 Community Action Comm of the Capital Region 1514 Derv Street Harrisburi, PA 17104 (717) 232.9757 FAX (717) 234.2227 Adams County Housing Authority 139-143 Carlisle St Gettysburg. PA 17325 (717) 334-1518 F.A)C (717) 334-326 EXHIBIT B PENNSYLVANIA BULLETIN, VOL 29, NO. 22, JUNE 6, 1999 ALL TEAT CERTAIN tract of land situate in the Township of Dickinson, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly j bounded and described as follows, to wit: 1j{] BEGINNING at a point in the centerline of Mt. View Road (T-474), said point marking the common point of adjoiner of Lots 113 and 44 on the hereinafter mentioned plan of subdivision with the centerline of said roadway; thence departing from the eanterlins of Mt. view Road, and extending along Lot #3, North eighty-eight (88) degrees three (03) minutes forty-two (42) seconds West., through an iron pin sat on the wasternmost dedicated right-of-way line of Mt. View Road, a distance of twenty= five and no hundredths (25.00) fast from the origin of this call, for a total distance of six hundred ninaty- nine and ninety-two hundredths (699.92) feet to an iron I pin not at lands now or formerly of William McCoy; thence extending along lands now or formerly of William McCoy, i North 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 J 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 I 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 twanty hundredths (691.20) feat 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 (4,072.36) feat, 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_ ' CONTAINING 2.3067 acres to the dedicated right-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 subdivision of White Tail Meadows prepared for Kanneth 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, at page 136. om UIMER AND SUWECT, NEVERTHELESS, to building and use •1%ktrictions for White Tail Meadows, as recorded in the ' VXriee of the Recorder of Deeds in and for Cumberland unity, Pennsylvania in Miscellaneous Book 412, at page ;7, at seq. m UNDER AND SUBJECT, NEVERTHELESS, to all easements, aot.as, and rights-of-way noted on the plan of ft?division. c, BEING A SMALL PORTION OF THAT SAME PREMISES Which Donald A. Group, et al, by deed dated January 30, 1992, and recorded in the office of the Recorder of Deeds in and for Cumberland county, Pennsylvania, in Deed Book 35- M, at page 821, granted and conveyed unto Kenneth Lin, Inc.. the Grantor herein. AND the said Grantor does hereby SPECIALLY WARRANT proparty hereby conveyed. the PREMISES: 204 MOUNTAIN VIEW ROAD Rebecca W. Shaia hereby states that she is Assistant Vice President of Crestar Mortgage Corporation, 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. Rebecca Shaia ` Assistant Vice President Crestar Mortgage Corporation DATE: _ _ ?_ OfRL'E QF T; fl iHER'•`f cl;vu SEP 13 3 SzPM'99 c;?r?:.,sLE, PEU11S'fLVA %IA C- a C? IZ) ?L- 9 a e1 ZOl6l H 4 I P 1.4d d M'd,alu?O uuad OMI 003 rips rn'Mw.w.wl onwy w r iGl[O 'MA31ra-l1Y FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza • Suite 900 Philadelphia, PA 19102 (215) 563-7000 Crestar Mortgage Corporation 901 Semmes Avenue Richmond, VA 23224 VS. David E. Cluck 204 Mountain View Road Mount Holly Springs, PA 17065 Kelly L. Cluck 1944 B. Fry Loop Avenue Carlisle, PA 17013 Plaintiff Defendant(s) Attorney for Plaintiff : Cumberland COUNTY :COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 99-5608-Civil PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enterjudgmenl in favor of the Plaintiff and against David E. Cluck and Kelly 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 lot th in Complaint $106,669.25 Interest 9/1/99 to 12/10/99 $1,830.12 TOTAL $108,499.37 I hereby certify that (1) 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARF. HEREBY AROWNRFD AC INDICATFD DATE: ll-IV- 99 L 5Z PRO PR TH "TAPS FIRM IN A DEBT C111.I.F.CrOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE ABED 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, OUT ONLY RNFORCEMP.NT OF ALIEN AGAINST PROPERTY.'' FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn. Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CRESTAR MORTGAGE CORPORATION Plaintiff VS. DAVID E. CLUCK KELLY L. CLUCK Defendant(s) ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS . CIVIL DIVISION . CUMBERLAND COUNTY . NO. 99-5608-CIVIL TO: DAVID E. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 DATE OF NOTICE: NOVEMBER 29, 1999 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CRESTAR MORTGAGE CORPORATION Plaintiff Vs. DAVID E. CLUCK KELLY L. CLUCK Defendant TOs KELLY L. CLUCK 1944 B FRY LOOP AVENUE CARLISLE, PA 17013 DATE OF NOTICE: NOVEMBER 29, 1999 ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS . CIVIL DIVISION . CUMBERLAND COUNTY . NO. 99-5608-CIVIL 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. 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 FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff Crestar Mortgage Corporation Plaintiff VS. David E. Cluck Kelly L. Cluck Defendant(s) : Cumberland COUNTY : Court of Common Pleas : CIVIL DIVISION NO. 99-5608-Civil VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant David E. Cluck is over 18 years of age and resides at 204 Mountain View Road, Mount Holly Springs, PA 17065. (c) that defendant Kelly L. Cluck is over 18 years of age, and resides at 1944 B. Fry Loop Avenue, Carlisle, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. 2 Jet IL= FRANK FEDERMAN Attorney for Plaintiff d a d- a, ?, d C W : J u? OO /110 O O? U =t$ V o?c 4 FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF Crestar Mortgage Corporation : Cumberland County Plaintiff : Court of Common Pleas VS. : CIVIL DIVISION David E. Cluck : NO. 99-5608-Civil Kelly L. Cluck Defendant(s) ORDER TO VACATE JUDGMENT AND NOW, this-L'"27--day of NAACA2,, 2000, after consideration of Plaintiffs Motion to Vacate Judgment, it is hereby ORDERED AND DECREED that the judgment entered on December 14. 1999 in the amount of $108.499.37 is VACATED without prejudice. BY THE Coyp ,/ J. ? a ? 00 -.-y N K FILED-OfFlCE OF ; r..-, !ONOTARY 00 MLR 17 Pf1 2: 46 CUk13EFiL;JdU COUNTY PENNSYLVANIA FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215)563-7000 ATTORNEY FOR PLAINTIFF Crestar Mortgage Corporation Plaintiff VS. David E. Cluck Kelly L. Cluck Defendant(s) : Cumberland County Court of Common Pleas : CIVIL DIVISION : NO. 99-5608-Civil MOTION TO VACATE JUDGMENT Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for an Order to vacate judgment in the above captioned matter and in support thereof avers the following: 1. Judgment was entered in favor of Plaintiff in this mortgage foreclosure on December 14. 1999 in the amount of $108,499.37. 2. Due to reinstatement of Defendants' account, Plaintiff petitions the Court to vacate the judgment in the instant matter. Plaintiff petitions the Court to vacate the judgment described above without prejudice. WHEREFORE, Plaintiff respectfully requests that the judgment be vacated without prejudice. FEDERMAN AND PHELAN By: D ank Fede an, Esq. Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF Crestar Mortgage Corporation Plaintiff VS. David E. Cluck Kelly L. Cluck Defendant(s) Cumberland County Court of Common Pleas CIVIL DIVISION NO. 99-5608-Civil PLAINTIFF'S MEMORANDUM OF LAW Plaintiff petitions this Honorable Court for an order to vacate judgment entered on December 14. 1999. Plaintiff desires to vacate the judgment entered due to the reinstatement of Defendants' account. The instant request for relief is, therefore, brought before the judge of motion court for disposition. Accordingly, Plaintiff respectfully requests an Order vacating judgment without prejudice. Respectfully submitted, FEDERMAN AND PHELAN By: F k Federm , Esq. A torney for Plaintiff VERIFICATION Frank Federman, Esquire, hereby states that he is the attorney for Plaintiff in the instant action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Vacate Judgment are true and correct to the best of his knowledge, information and belief. The undersigned also understands that his statement herein is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: Frank F erman, Esq. Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF Crestar Mortgage Corporation : Cumberland County Plaintiff : Court of Common Pleas VS. : CIVIL DIVISION David E. Cluck : NO. 99-5608-Civil Kelly L. Cluck Defendant(s) CERTIFICATION OF SERVICE Frank Federman, Esquire, hereby states that he is the attorney for Plaintiff in this action and that a true and correct copy of the within pleading was sent to the following interested parties on the date indicated below by first class mail, postage prepaid: David E. Cluck 204 Mountain View Road Mount Holly Springs, PA 17065 Kelly L. Cluck 1944 B. Fry Loop Avenue Carlisle, PA 17013 Fr k Federman, Esq. Attorney for Plaintiff MAR 1 6 Noub^' CL, 4 Cv F 1 i yJ L:. ??? CC is ?i- K [I?IL U O U pm4[[i[[[M uOWDLiiO[I zl'TNUN•wl YMlryy N'?iu?0 Y .. [[Ito T'D3131Y1[91Y