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HomeMy WebLinkAbout08-7379BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOSEPH D. CLUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 08 - '7319 aty;[79?m NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). You may lose money or property or other rights important to you. 2467778.1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 22467778.1 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOSEPH D. CLUCK, Defendant Attorneys for Plaintiff Pennsylvania State Employees Credit Union IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 0 P- 73 7 9 Curl! l?.i,,. AVISO PARA DEFENDER Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despues de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para cualquier dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. 2467778.1 USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGUN HONORARIO. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 2467778.1 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOSEPH D. CLUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. OF- 173 79 a;,?( _ COMPLAINT 1. Plaintiff, Pennsylvania State Employees Credit Union ("PSECU"), is a Pennsylvania financial institution having an office at One Credit Union Place, Harrisburg, Pennsylvania 17110. 2. Defendant, Joseph D. Cluck, is an adult individual with a last known address of 12 Chestnut Street, Mount Holly Springs, Pennsylvania 17065-1305. 3. On or about September 5, 2007, Defendant entered into a PSECU Loanliner Advance Proceeds and Security Agreement ("Agreement") with Plaintiff for the purchase of a 2005 Mitsubishi Lancer, VIN #JA3AH86D75U013395 ("Vehicle"). A true and correct copy 2467778.1 of the Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Pursuant to the Agreement, Defendant granted to Plaintiff a security interest in the Vehicle. 5. Plaintiff's perfected security interest in the Vehicle is evidenced by a Commonwealth of Pennsylvania Certificate of Title ("Title"), a true and correct copy of which is attached hereto as Exhibit "B" and incorporated herein by reference. 6. Defendant defaulted under the Agreement by failing to pay the monthly payments when due and are currently due for the months of October 5, 2007 and thereafter. 7. Based on Defendant's default, Plaintiff repossessed the Vehicle on or about January 29, 2008. 8. By letter dated January 30, 2008, Plaintiff provided Defendant with a Notice of Repossession and Right to Redeem ("Notice"), a true and correct copy of which is attached hereto as Exhibit "C" and incorporated herein by reference. 9. For purposes of this action, PSECU is entitled to be reimbursed for all costs and expenses, including reasonable attorneys' fees of twenty percent (20%) of the amount due for enforcing the Agreement. 10. Defendant remains liable to Plaintiff under the Agreement as follows: Principal $11,833.06 20% Collection/Attorneys' Fees 2,366.61 TOTAL $14,199.67 plus costs of suit. 11. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., Defendant may dispute the validity of the debt or any portion thereof. If Defendant does so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and 2467778.1 2 provide Defendant 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 the name and address of the original creditor if different from the above. WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union, demands judgment against Defendant, Joseph D. Cluck, in the amount of $14,199.67, plus costs of suit. BARLEY SNYDER LLC By: Shawn M. Long, Esquire Court I.D. 83774 126 East King Stree Lancaster, PA 17602-2893 717.299.5201 Attorneys for Plaintiff 2467778.1 VERIFICATION Pennsylvania State Employees Credit Union v. Joseph D. Cluck I, Gregory R. Diffenderfer, being duly affirmed according to law, depose and say that I am the Collection Manager for Pennsylvania State Employees Credit Union; that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: Gregory R. Diffenderfer 2467778.1 ADVANCE PROCEEDS VOUCHER AND SECURITY AGREEMENT Union 0. Sox 67x13 Harrisburg, PA 17106.7 r t Lo P. 013 800.237.7328 ® Pennsylvania State Employees Credit Un1 717.234.8484 MEMBER NAME ?, u: -:y "rQATE!'?! ?'; ` " :; [StpCd ' : „? a ti. •p. MAW JOSEPH D CLUCK /5/2007 8259208273/L109 0006372240 12 CHESTNUT STREET MOUNT HOLLY SPRINGS, PA 17065 PURPOSE. Dealer Purchase TRANSACTION TYPE 1 NEW LOAN 2 ? QAN ADVANCE -END I ? (DE3CE RISE) 4 ? EOUITY ADVANCE . . YOU HAVE PrISWOUSIY ELECTED TO "AVE THIS ADVANCE CREDIT DISABILITY??yy SINGLE CREDIT JOINT CREDIT ? INSURED V#M THE FOLLOWING OOVEFME YES ? NON YES El NO YES ? NO E IMILY PERIO=2075 ANNUAL PER' INTEREST RATE Is AMOUNT REQUESTED PREVIOUS BALANCE NEW BALANCE (CHANGE IN TEAMY) CENTQQE RATE 4 OTHER CHARGES AMOUNTADVANCED FIXED VARIABLE .F. . 0217.740 yo KI ? i 30, 791.1ivg' 0.00 30, 791.11 476.02 10/5/2007 Monthly IFTHIS IBA HOME EQUITY AOVANCE. THE ONLYSECURITY FOR THIS ADVANCE IS THE REAL PROPERTY (IN MOST CASESIOUR HOME) WHICH YOU CAVE As SECURITY WHEN YOUR ACCOUNT IF THIS 19 NOTA HOME EQUITY ADVANCE. IN ADDITION TO THE PLEDGE OF SNARES IN YOUR LMM24M CREDIT AGREEMENT. THE FOLLOWING PROPERTY SECURES THIS ADVANCE. ITEM PROPERTY MODE4%:. Yf?AA1Tw::-' `•?? , is-•l ^?; ::` %•r :',w f! :,, .- .^ Lr1H%;'`" MITSUBISHI 2 LANCER 2005 JA3AH86D75U013395 SDN 27,440.00 4.OTHER YOU PLEDGE SNARES ANWOR DEPOSITS OF $ IN ACCOUNT NUMBER OLD ACCOUNDLOAN NUMBER (A) PAYOFF RINC.+INT.) OLDACOOUNTA.OANNUMBER (B PAYOFF! RINC.+INT.) OLD ACCOUNTMOAN NUMBER (C) PAYOFF RING.+INT.) OLDACCOUNTAAMINUMBER (D) PAYOFF WRING. +INT OLDAOOOUNTA.OANNLMIBER 10 PAVOFF(PRINC.+ OL13 ACCOUNTAJDAN NUMBER IF) PAYOFF (PRItLt+ By accepting the proceeds or by using the funds advanced and deposfted Into your sharalshare draft account, you agree (1) that the property referenced above WID secure the advance and any other advances you have now or receive in the future under the LOANUNER° Credit and Security Agreement (the Plan) and any other amounts you owe us for any reason now or in the future In accordance with the team of the Plan and (2) to make payments as disclosed above In accordance with the terms of the Plan. 0011W1MUMALOWUP.1814B2.M.80.8090.98.20U9.01.f4^AU.N8MRE6WW PENNSYLVANIA STATE EMPLOYEES GREW UNION FORM #3175 JV=100-1 037.2082'1 (BNB) SCANNED ]Mr A CERTIFICATE OF TITLE FOR A VEHICLE >i?L " 692 080029999010186-001 JA3AH86D75U013395 120051 MITSUBISHI 1 61539163802-CL ` VEHICLE-IDENTIFICATION NUMBER YEAR MAKE OF VEHKt.E TITLE NUMBER SDN 0 I ? , 1002/07 046439 0 BODY TYPE DUP SEAT CAP - PRIOR TITLE STATE ODOM. PROCD. DATE ODOM. MILES ODOM. STATUS 3/03/05 10/02/07 , h , L: GATE PA TITLED DATE OF ISSUE UNLADEN WEIGHT GVWR GCWR TITLE BRANDS REGISTERED OWNER(S) JOSEPH D CLUCK J BECRAFT b2: 2;-'CHESTNUT ST MT HOLLY SPGS PA 17065 FIRST LIEN FAVOR OF: PSECU FIRST LIEN RELEASED DATE BY AUTHORIZED REPRESENTATIVE MAILING ADDRESS SECOND LIEN FAVOR OF: ODOMETER STATUS D = ACTUAL MILEAGE 1 . MILEAGE EXCEEDS THE MECHANICAL LIMITS 2 . NOT THE ACTUAL MILEAGE S = NOT THE ACTUAL MILEAGE-ODOMETER,.:. TAMPERING VERIFIED 1. EXEMPT FROM ODOMETER DISCLOSl1RE TITLE BRANDS A . ANTIO UE VEHICLE C . CLASSIC VEHICLE D . COLLECTIBLE VEHICLE F . OUT OF COUNTRY .. G . OHIGINALLY"D. FOR No".& DISTRIBUTION H . AGNCULTURAL VEHICLE L LOGGING VEHICLE P . I&WAS A POLICE VEHICLE R RECONSTRUCTED S . STREET ROD - T . RECOVERED THEFT VEHICLE V = VEHICLE CONTAINS REISSUED VIN W . FLOOD VEHICLE X .ISWAS ATM N a second Aenholder Is fisted upon assfacdon ? of In fir I Non the oral knholdsr must forward this THIS W o Bureau d maw Vwlides with the'. ' appropriate form and fee. " SECOND LIEN RELEASED DATE BY AUTHORIZED REPRESENTATIVE PSECU P 0 BOX 67013 HARRISBURG PA 17106 W 00 W IL I aml ly a of eu date of Issue. eN OMC W records dell PenreyWania Doperlmem ALLEN D BI E H L E R 1IMET of Trmuporta0m reflect that the person(s) or cca"m named herein is the Iawu owner of Iu ads vehicle. Secretary d Tvau"rtad" APPLICATION FOR*TITLE 1 1' 1 IUBSCRIBED AND SWORN N a co-purchaser other than yow spouee Is listed and YOU went MIN-to BEFORE ME: be listed as 'Joint Tenants With Rlght, of SurvWprs*l (On dasth,pf one M Y YEAR owner, tide goes to surviving owner.) CHECK HERE 0. OtherwIlas? •?M•xdtla will be Issued as "Tenants In Common' (On death of one owner, interest of ' deceased owner goes to hkAler heirs or estate). SIGNATURE OF PERSON ADMINISTERING OATH '. 1ST LIEN DATE: ? IF NO LIEN, CHECK;; Q ;H The uderse,W he,aby mekae aWi- hu Ce~, a rda b er whicN 6ea d above, a *a b M -..b-. ant ant In.1 der. eN Wh Mrs. SIGNATURE OF APPLICANT OR AARHORQED SIGNER F4:1b [ SIGNATURE OF CPAIICA.TIITLE OF AUTHORRED SIGNER TST LIENHOLDER STREET . CITY STATE ZIP IF THIS IS AN ELT, CHECK HERE ? NOTE: FIN REQUIRED FINANCIAL . INSTITUTION NO. ' 2ND LIEN DATE: ? IF NO LIEN,,CHECK 2ND LIENHOLDER STREET CITY STATE ZIP IF THIS IS AN ELT, CHECK HERE E] NOTE: FIN REQUIRED FINANCIAL INSTITUTION NO. _ (TYPE OR PRINT) Certiticah de must be submitted within 20 days, unless the purcha: i registered dealer holding the vehicle for resale. IRE HE TRANSFER OF OWNERSHIP. FAILURE FE(jt:KAL AND STATE LAWS YOU TE THE WARNING - T O C MPLETE OR PROV D NO AaF)AL STATE ENTAMAY RE UILTTIIN FIN S OR IMPRISONMENT. R.9.*W desist. rnue lw+pl•ts NnR, Mw2TA ar mv2Te LAST FIRST M.I. A. I ASSIGNMENT OF TITLE - .+-a..eorrw.aP +.+ .r+ ?+msw.axeler. S.O., D on M swa d des stop W PURCHASES OR FULL LWe certify to the best of mytour knowledge that the odometer reading is BUSINESS NAME , TENTHS X CO-PURCHASER miles and reflects the actual mileage of the vehicle, STREET unless one of the tolloving boxes is checked: ADDRESS ? Reflects the amount of mileage ? Is NOT the actual mileage CITY in excess of its mechanical Omits WARNING: Odometer discrepancy ,,We further certify that the vehicle is free of any encumbrance and that the ownership is hereby PURCHASE PRICE ZIP hainslarred to the person(s) or the dealer listed. OR DIN STATE SUBSCRIBED AND SWORN TO BEFORE ME: MO. DAY YEAR PURCHASER SIGNATURE SIGNATURE OF PERSON ADMINISTERING OATH CO-PURCHASER SIGNATURE PURCHASER AND/OR CO-PURCHA SEA MUST HAND IN NAME HERE J Q SIGNATURE OF SE LLER W C/) SIGNATURE OF CO-SELLER SELLER ANDOR MV T NAME HERE KAANDP B, RE-ASSIGNMENT • VWe ce", to the best of mylour knowledge MO the odometer reading Is LAST FIRST M.I. ,TENTHS X miles and reflects the actual mileage of the vehicle, PURCHASER OR FULL BUSINESS NAME unless one d the lollowing boxes is clacked: Reflects die amount of mileage Is NOT One actual Mlespe 00-PURCHASER ? in excess of its mechanical limits ? WARNING: Odometer discrepancy STREET VWe further certify that the vehicle is free of any encumbrance and that the ownership is hereby ADDRESS transferred to the person(s) or the dealer gated CRY SUBSCRIBED AND SWORN TO BEFORE ME: STATE ZIP PURCHASE PRICE OR DIN MO. DAY YEAR SIGNATURE OF PERSON ADMINISTERING OATH PURCHASER NATURE CO-PURCHASER SIGNATURE J PURCHASER AND/OR Q CONPURCHASER MUST W SIGNATURE OF SELLER . SELLER MUST I WDPRIWT NAME HERE . H lo-1 Ikf?t It t?C7 RE-ASSIGNMENT OF TITLE BY REGISTEPED DEALER, VWe cattily. to ft best Mmy/our knowledge that die odometer reading is LAST FIRST M.I. TENTHS X miles and reflects the actual mileage of the vehicle, - - PURCHASER OR FULL - - _ I - BUSINESS NAME union one of the fclovAng boxes Is checked: ?R Is NOT Ole actual mileage flecis the amount of °B Rna E] WARNING: Odometer discrepancy ? h ex cess STREET IIWe further certify that the vehicle Is tree of any encumbrance and that the ownership Is hereby ADDRESS transferred to the pension(s) or Ote dealer Noted. C Y IT SUBSCRIBED AND SWORN TO BEFORE ME: STATE Zip PURCHASE PRICE OR ON MO. DAY YEAR SIGNATURE OF PERSON ADMINISTERING OATH pURGHASER SIGNATURE CO-PURCHASER SIGNATURE J PURCHASER ANDAR Q ... Mo-pURCHASER W U) SKINA11.11AE OF SELLER SELLER MUST . 1iA1111OrPRMfT NAME HERE If m 0 cr t?w front of this form must RE-ASSIGNMENT • REGISTERED DEALER- I/We anrtNy, to the best c myAxm knowedge that the odometer reading Is .. .... . .. ... .... . ' LAST FIRST M.I. ,. ......:. . .: . . : ,:'TENTHS _ _ X miss and reflects the actual mileage of the vehicle, PURCHASER OR FIAT _ ... BU9INESS NAME unless one of the following boxes is checked: Is NOT the actual mileage Reflects the amount of mileage CO-PURCHASER O ? in excess of Ns rtlectrerleal Rmita WARNING: Odometer dxxepency STREET V We further certify that the vehicle is free of any encumbrance and that the ownM* Is hereby ADDRESS transferred to the person(s) or the dealer Rated. CITY SUBSCRIBED AND SWORN TO BEFORE ME: STATE ZIP PURCHASE PRICE OR DIN MO DAY YEAR SIGNATURE OF PERSON ADMINISTERING OATH PURCHASER SIGNATURE co.PuFtcHAsEA SIGNATURE J _ PURCHASER AND/OR W ,4DNDPRINTTNNAMR E HERE 11 O U y SIGNATURE OF SELLER f SELLER MUST HANDPRINT NAME HERE /N I-1 __._?._ ..__? .? ??. .?-?.?.. ?..? ??,. ?? ?,?. r .,,w ww•?r„ x•Yx• e, x?tlTlx?+1 - __ I'.- L`C'" d. PSECO 01/30/2008 Via Certified and First Class Mail JOSEPH D CLUCK 12 CHESTNUT ST MOUNT HOLLY SPRINGS, PA 17065-1305 NOTICE OF REPOSSESSION AND RIGHT TO REDEEM You are hereby notified that your 2005 Mitsubishi Lancer VIN# JA3AH86D75U013395 has been repossessed by the Pennsylvania State Employees Credit Union ("PSECU"). You have failed to pay the 10/05/2007 installment due under the above Loan and Secuirty Agreement (the "Contract"). The motor vehicle is currently being stored by: Richard & Associates. 3999 Spring Road, Sltermans Dale, PA, 17090, (717) 241-5884. You may redeem the motor vehicle and terminate the Contract by paying the following amounts on or before 5:00 p.m. on 02/14/2008. Unpaid principal balance Accrued Interest $30,791.11 $959.82 ADDITIONAL COST IF REPOSSESSED MORE THAN 15 DAYS AFTER DEFAULT Repossession Expense $325.00 Storage expense @$20.00 per day (1/29/08-2/14/08) $340.00 Late Fees $95.20 Other Charges Total Cost to Redeem $32,511.13 Payment to redeem must be in cash, certified funds or a cashier's check We will sell the 2005 Mitsubishi Lancer at private sale sometime after 02/14/2008. The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money unless we must pay it to someone else, or use it to pay other loans you owe to PSECU. You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. If you want us to explain to you in writing how we have figured the amount that you owe us or you need more information about the sale, you may call us at (717) 234-8484, ext. 3116 or (800) 237-7328 or write us at PSECU, P.O. Box 67013, Harrisburg, Pa. 17110-2990, and request a written explanation. You should also contact us if you are unable to pay the foregoing amount in full prior to the above deadline. PSECU mav allow you to reinstate your loan, if you qualify, upon payment of the arrears and additional costs only. We are sending this notice to the following other people who have an interest in the collateral listed or who owe money under your agreement: (Names of all other debtors and obligors, if any) You have 30 days to make arrangements to take possession of the personal effects found in the vehicle. Failure to recover them in this time period will result in disposarof such personal effects. Cc ly, ar g is 'r' "' `? Pennsylvania State Employees Credit Union Main Address: 1 Credit Union Place, Harrisburg, PA 17110-2990 • 71 A234. Q4Q4 • 800.237.7328 Mailing Address PO. Box 67013, Harrisburg, PA 17106-7013 • 717.777.2100(TDD) • M0.472.1 W f7DD) This credit union is federally insured by the National Credit Union Administration. Equal Opportunity Lender www.psecu.com 0 w OD T Q K N N C N I 0 Ln 0 0 O O O ..D w a Ln f I? xx O tv ro a 0 W 0 13131 s? i o Of b ? .o 3 N m v . b m m? m Z a CL CL 3 ?C Ln M wm_ m O Q' Postage E31 '`tertM d Fee C3 Retum Receipt Fee (Endorserrk Required) M Restrlded DeiNery Fee -0 (Endorsement Regwred) M. ma A J05EPH D CLUCK 12 CHESTNUT ST MOUNT HOLLY SPRINGS, PA 17065-1305 06 0 ^. 00 LA `` ? c c SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07379 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES VS CLUCK JOSEPH D R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CLUCK JOSEPH D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT , CLUCK JOSEPH D 12 CHESTNUT STREET NOT FOUND , as to MOUNT HOLLY SPRINGS, PA 17065-1305 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing 18.00 Service 5.40 Not Found 5.00 Surcharge 10.00 .00 38.40 So answer R. Thomas line Sheriff of Cumberland County BARLEY SNYDER 01/05/2009 Sworn and Subscribed to before me this day of A. D. cr_' tY? t ;_f fw LIJ m: U_ C-n J BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOSEPH D. CLUCK, Defendant THE COURT OF COMMON PLEAS OF MBERLAND COUNTY, PENNSYLVANIA JIL ACTION - LAW o. 08-7379 Civil Term MOTION OF PENNSYLVANIA STATE EMPLOYEES CREDIT UNION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT PA R.C P 430(a) AND NOW, comes the Plaintiff, Pennsylvania State Employees Credit Union, by and through its attorneys, Barley Snyder LLC, Esquires and moves your Honorable Court, pursuant to Pa. R.C.P. 430(a), for a special order directing service of process, default notice, and writ of execution notices, if necessary, upon Defendant by publication in accordance with Pa. R.C.P. 430, as follows: On December 19, 2008, the Plaintiff filed its Complaint against the Defendant. 2525861-1 2. The Sheriff of Cumberland County, Pennsylvania has returned the Return of Service to Plaintiff indicating "Not Found" at 12 Chestnut Street, Mount Holly Springs, Pennsylvania as to the Defendant. 3. As part of the Return, a note indicates that Defendant has moved and left no forwarding address. A true and correct copy of the Return of Service for the Defendant is attached hereto, made a part hereof and marked Exhibit "A". 4. Plaintiff s counsel prepared and mailed a Change of Address Request form to the Mount Holly Springs Post Office for the Defendant. 5. The response to the Change of Address Request from the Mount Holly Springs Post Office indicates "Moved, left no forwarding address" for the Defendant at 12 Chestnut Street, Mount Holly Springs, Pennsylvania 17065. A true and correct copy of the response to the Change of Address Request is attached hereto, made a part hereof and marked Exhibit "B". 6. Plaintiff's counsel prepared an Intelius search on Intelius.com. 7. The Intelius search indicates an address of 12 Chestnut, Biglerville, Pennsylvania 17307. A true and correct copy of the Intelius search is attached hereto, made a part hereof and marked Exhibit "C". 8. Plaintiffs counsel prepared a White Pages search on whitepages.com. 9. The White Pages search indicates an address of 12 Chestnut Street, Biglerville, Pennsylvania 17307. A true and correct copy of the White Pages search is attached hereto, made a part hereof and marked Exhibit "D". 10. Plaintiff s counsel prepared a Right-to-Know Request form to the Cumberland County Bureau of Elections. 11. The response to the Right-to-Know Request from the Cumberland County Bureau of Elections indicates Defendant is not a registered voter in Cumberland County. A true and 2525861-1 correct copy of the response from the Cumberland County Bureau of Elections is attached hereto, made a part hereof and marked Exhibit "E". 12. Plaintiff's counsel prepared a Service Request for Vehicle Information to PA Auto License Brokers. 13. The response to the Service Request for Vehicle Information indicates there are no records for Defendant. A true and correct copy of the response from PA Auto License Brokers is attached hereto, made a part hereof and marked Exhibit "17" 14. Plaintiff's counsel prepared a Right-to-Know Request form to the Cumberland County Tax Claim Bureau. 15. The response to the Right-to-Know Request from the Cumberland County Tax Claim Bureau indicates Defendant does not own the property at 12 Chestnut Street, Mount Holly Springs, Pennsylvania. A true and correct copy of the response from the Cumberland County Tax Claims Bureau is attached hereto, made a part hereof and marked Exhibit "G". 16. Plaintiff's counsel prepared a Right-to-Know Request form to the Mount Holly Springs Tax Collector. 17. The response to the Right-to-Know Request from the Mount Holly Springs Tax Collector indicates there are no records for Defendant. A true and correct copy of the response from the Mount Holly Springs Tax Collector is attached hereto, made a part hereof and marked Exhibit "H". 18. Plaintiff's counsel prepared and mailed a Change of Address Request form to the Biglerville Post Office for the Defendant. 19. The response to the Change of Address Request from the Biglerville Post Office indicates "No such address" for the Defendant at 12 Chestnut Street, Biglerville, Pennsylvania 2525861-1 17307. A true and correct copy of the response to the Change of Address Request is attached hereto, made a part hereof and marked Exhibit "I" . 20. Plaintiff believes and therefore avers that the reasonable method, under the circumstances, is to serve all pleadings, including service of process, default notice, and writ of execution notices upon the Defendant, Joseph D. Cluck, if necessary, by publication. 21. The Plaintiff will suffer irreparable harm and injury if the Plaintiff is not allowed to effect alternate service of the process, default notice, and writ of execution notices, if necessary, upon the Defendant, Joseph D. Cluck, by publication, under Pa.R.C.P.430. 22. No judge has ruled upon any issue involving this case. 23. No opposing counsel has entered his or her appearance in this case, and, therefore, the Plaintiff has not sought concurrence. WHEREFORE, the Plaintiff, Pennsylvania State Employees Credit Union, prays your Honorable Court to enter an Order authorizing service of process, default notice, and writ of execution notices, if necessary, in the within matter upon the Defendant, Joseph D. Cluck, by publication in accordance with Pa. R.C.P. 430(b)(1). BARLEY SNYDER LLC BY: Ahawn M. Long, Esquire Attorneys for Plainti Pennsylvania State mployees Credit Union Court I.D. No. 83 74 126 East King Street Lancaster, PA 17602-2893 717-299-5201 2525861-1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07379 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PENNSYLVANIA STATE EMPLOYEES VS CLUCK JOSEPH D R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CLUCK JOSEPH D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , CLUCK JOSEPH D J 12 CHESTNUT STREET , NOT FOUND , as to MOUNT HOLLY SPRINGS, PA 17065-1305 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing 18.00 Service 5.40 Not Found 5.00 Surcharge 10.00 .00 38.40 So answer n R. Thomas Kline Sheriff of Cumberland County BARLEY SNYDER 01/05/2009 Sworn and Subscribed to before me this day of A. D. EXIT A 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 Tel 610.376.6651 Fax 610.376.5243 www.barley.com January 15, 2009 To: Postmaster U. S. Postal Service Mount Holly Springs, PA 17065 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION Colleen Brelje, Paralegal Direct Dial Number: 610.898.7166 E-mail: cbrelje@barley.com Please furnish the new address for the following individual or verify whether or not the address given below is one at which mail for this individual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on the boxholder's application form. Also include any address listed on a permanent change of address order application (Form 3575): Name (if known) Joseph D. Cluck Last Known Address 12 Chestnut Street City, State, ZIP Code Mount Holly Springs, PA 17065 The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii): Capacity of requester (e.g., process server, attorney, party representing himself): Attorney. 2. The names of all known parties to the litigation: Pennsylvania State Employees Credit Union vs. Joseph D. Cluck 3. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas. Term. 4. The docket or other identifying number if one has been issued: 2008-07379 Civil 5. The capacity in which the customer is to be served (e.g., defendant or witness): Defendant, Joseph D. Cluck wr ". .B Reading • York • Lancaster • Harrisburg • Berwyn • Hanover Postmaster January 15, 2009 Pages 2 6. A brief description of the nature of the litigation (e.g., domestic relations, personal injury, property damage, indebtedness): indebtedness. I certify that the above information is true and that the name and/or street address of the customer is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Colleen Brelje, Paralegal Printed Name Barley Snyder LLC Address 501 Washington Street Address r: Reading, PA 19603 City, State, ZIP Code FOR POST OFFICE USE ONLY FORWARD: Name Street Address City, State, ZIP Code No change of address on file. Postmark _ Not known at address given Moved, left no forwarding address. No such address. O??Y 5 P Rid z? JAN c4 i v 1 D C° &SPS 2498738-I I'hank You for Your Order - Intelius.com j"'T1_US t.iae in the know., Your Transaction Was Successful. Your Credit Card Will Reflect A $44.96 Charge From Intelius. Your Order # is 16795171. You may contact our customer support at (888) 445-2727 with any questions. Background Report - January 14, 2009 LCHW C httPs://www.intelius.com/search-detail-out.php?ReportType=8 Pagel of 8 1/14/2009 I'hank You for Your Order - Intelius.com Your Report Summary Name: Joseph Cluck Report Contents Order #16795171 ¦ Personal Public Records Data ¦ Property History Summary ¦ Single State Civil Judgments ¦ Address History ¦ Single State Criminal Check ¦ People Search Report It is important to understand that public records are only as accurate as the agencies that input them. Please be sure to closely review the public information listed about the individual that you may be researching in the report. Personal Public Records Data https://www.intelius.com/search-detail-out.php?ReportType=8 Page 2 of 8 What is a Background Report? A Background Report contains information collected from public records and publicly available data. The report is designed as a service to assist you in locating or verifying an individual's background information. The data within the report is compiled from thousands of different sources that include government, property, and other public record repositories. The Intelius service organizes and integrates information together as a convenient service for you. 1/14/2009 Thank You for Your Order - Intelius.com Subject Name: Joseph Cluck Listed Aliases: JOSEPH CLUCK Listed Dates of Birth: Listed Ages: Personal public record data can be inaccurate, so it's important to understand what is in the public records for Joseph Cluck. Address History For Joseph Cluck https://www.intelius.com/search-detail-out.php?ReportType=8 Page 3 of 8 What is Personal Public Records Data? Personal public records data refers to information such as aliases, birth dates, age and other data found to be connected to Joseph Cluck in the public record. This information can further help you by identifying alternate and/or maiden names, age variations, and any other information that may be associated with Joseph Cluck. 1/14/2009 Thank You for Your Order - Intelius.com Address Phone Additional Reports 12 CHESTNUT BIOLERVILLE, PA 17307 Property RePort Property History Summary https://www.intelius.com/search-detail-out.php?ReportType=8 Page 4 of 8 What is an Address History? This report section lists historical addresses associated with an individual from public records. An Address History can assist in flagging address exceptions that may exist in public records. The addresses and phone numbers are not listed in date order and should be individually reviewed. 1/14/2009 Thank You for Your Order - Intelius.com Page 5 of 8 What is a Property ADDRESS & CONTACT INFO: History 12 CHESTNUT Summary? BIGLERVILLE, PA 17307 This section lists M ` ? AREA DATA summary, neighbors, ... Y > CURt3ERLANa .:`. • Avg. Avg. relatives and area 17307 Total House Household Area Sex Population Offenders data associated Price Income with the property eiglerville 5 507 $112 700 $42 598 2 when available. PENNSYLVANIA , , , The Relatives and 30 J Associates DAMS 4 section lists ®2008Mim*ltC*p ®20p7NAV1EQ•an"afore: 1ele Ais.loo. potential relatives or previous occupants associated with an individual and / or their address from public records. The Neighbors Around the Property section lists the immediate neighbors around the property. These sections can help confirm the people linked to your subject and provide additional people that may have current or forwarding information on the whereabouts of your subject. Single State Criminal Check https://www.intelius.com/search-detail-out.php?ReportType=8 1/14/2009 Thank You for Your Order - Intelius.com Page 6 of 8 NATIONWIDE CRIMINAL CHECK OFFER What is a Single State We searched Joseph Cluck nationwide and found 3 criminal records Criminal Check? "30% of people change their addresses nationwide each year... especially criminals" This section lists Get $10 off on a Nationwide Criminal Check for Joseph Cluck now. criminal records from county courts, department of corrections, CRIMINAL CHECK FOR ALL JOSEPH CLUCK IN THE STATE OF PA administration of the courts, and other legal We have searched the following for Joseph Cluck in PA state agencies for the County Courts State Courts selected state. The types of Administrative Office of Department of offenses include the Courts Corrections felonies, Sex Offender Registries misdemeanors, sexual offenses, and more. Please No records were found. Positive or false matches within a criminal search closely review may not provide confirmation of a criminal background. each record as subjects with a A state criminal check only searches records for the state requested. common name may return We found 3 Criminal Records Nationwide for Joseph Cluck multiple criminal Click Here to conduct a National Criminal Check on Joseph Cluck record results. Criminal Check Disclaimer Intelius charges a search fee for executing an Instant Criminal Check, regardless of whether criminal records are found on the individual(s) searched. Intelius obtains criminal records from publicly available sources. Our instant criminal background search may contain information from county courts, state courts, the state AOC and the state DOC. As a result, Intelius cannot guarantee the accuracy of the records provided because they are obtained from public records and other third-party sources that may not always be accurate or current. Among other reasons, your search may have resulted in no criminal hits because • The person has never been convicted of a crime. • The criminal records have been expunged. • The criminal records have not yet been updated in the public records database. The inputs to your criminal check may resolve to more than one individual. Positive or false matches in criminal searches may not provide confirmation of an individual's criminal background. You must use EXTREME CAUTION and FCRA-COMPLAINT business practices when interpreting the result of a criminal background search for the purpose of employment or tenant screening. https://www.intelius.com/search-detail-out.php?ReportType=8 1/14/2009 Thank You for Your Order - Intelius.com Page 7 of 8 Please reference the updated FCRA Subscriber Agreement for additional restrictions regarding the usage of this data. Civil Judgement Report CIVIL JUDGMENTS FOR JOSEPH CLUCK IN THE STATE OF PA What are Tax Lien, Bankruptcy, & NAME: Joseph Cluck Judgments? STATE SEARCHED: PA RESULT: This section lists civil records from We have searched tax lien filings, small claims, civil actions, and other civil county courts for judgment related records for Joseph Cluck in PA state. the selected address. The No records were found. Positive or false matches within a civil judgment search types of records may not provide confirmation of a litigious civil background. include property tax liens, general A state civil judgment check only searches records for the state requested. tax liens, bankruptcies, small claims, judgments, and Civil Check Disclaimer more associated with the selected Customers are charged a search fee for executing a Civil Judgment check. The address. Please Civil Judgment report returns results which may include all civil judgment records closely review or no results found on the individual. each record as common In the event of using this service for civil background checks, you should not addresses may assume that this data provides a complete or accurate history of any person's civil return multiple judgment history. civil record results. You should use extreme caution when interpreting the results of a civil judgment background search for any type of personal verification. Positive or false matches in civil searches may not provide confirmation of an individual's civil judgment background. Please reference the updated Intelius User agreement for additional restrictions regarding the usage of data. Current & Historical People Search Report https://www.intelius.com/search-detail-out.php?ReportType=8 1/14/2009 Thank You for Your Order - Intelius.com Avg. Name Address History Previous Income / Cities Home Value Address 1: Joseph A 143 RIDGE AVE Cluck WAYNESBORO, PA 17268 DOB: (717) 762-5708 04/29/1919 AGE: 89 Address 2: Avg. Years Old 329 ANTIETAM Income: DR Waynesboro, $38,947 1 RELATIVES: WAYNESBORO, PA Property John E Cluck PA 17268 Havre De Report Martha 1 (717) 762-5708 Grace, MD Avg. Home Cluck Value: 8,830 $1 Jack Eugene Address 3: Cluck 926 WAKEFIELD M Isabelle RT #3 Cluck HAVRE DE Is Cluck GRACE, MD 21078 (410) 762-5708 Avg. Address 1: Income: JO"Ph 12 CHESTNUT ST $42,598 Cluck 2 BIGLEFMLLE, PA Biglerville, PA Property Repo 177 Avg. Home (717) 323-0230 Value: $107,900 Death Record Results Page 8 of 8 What is a People Search Report? This section lists current and historical people search records that share the same name and state as your search subject. The People Search Summary can be helpful in providing a consolidated view of matching current and historical records for your subjects name across multiple public sources. Income & Home Value are compiled from property, demographic, census, & other public record sources. Income & Home Value may contain specific household and area statistics associated with an individual or address. Name Age Birth Date Death Date Location Born Last Residence 1 JOSEPH A CLUCK 77 4/29/1919 3/21/1997 PA Waynesboro, PA 17268 https://www.intelius.com/search-detail-out.php?ReportType=8 1/14/2009 WhitePages.com - Online Directory Assistance h heiress om- slearch. find. connect. Page 1 of 2 1 Result matching "Joseph Cluck, PA". Joseph Cluck 12 Chestnut St Biglerville, PA (717) 323-0230 "0 V P l? OO t ArantlEswlll?a 33+1 ?? ? T6t? st ? rS I F Baec?rsvile 4 ?2 600 yds i tual Earth7W virtual Earth"' © 2008 Microsoft Corporation 0 2008 NAVTEQ p AND Listing date June 2008 SPONSORED LINKS Email Addresses Found Joseph Cluck - Email Addresses Found - V_iew_AII Results Sponsored by Email Finder Find Anyone's Email Address First Name: Last Name: Age:(approx.) ?- Gol http://www.whitepages.comisearchIFindPerson?extra listing=mixed&form mode=opt_b&... 1/21/2009 pennsylvania OFFICE OF OPEN RECORDS STANDARD RIGHT-TO-KNOW REQUEST FORM DATE REQUESTED: REQUEST SUBMITTED BY: E-MAIL U.S. MAIL FAX IN-PERSON NAME OF REQUESTOR Colleen K. Brelie, Paralegal STREET ADDRESS : Barley Snyder, LLC, 501 Washington St. P.O. Box 942 CITY/STATE/COUNTY (Required): Reading, PA 19603-0942 TELEPHONE (Optional): 610-376-6651 RECORDS REQUESTED: *Provide as much specific detail as possible so the agency can identify the information. Please provide voter registration records for Joseph D. Cluck, 12 Chestnut Street, Mount Holly Springs, PA 17065, SS# 198-68-6132. DO YOU WANT COPIES? YES DO YOU WANT TO INSPECT THE RECORDS? NO DO YOU WANT CERTIFIED COPIES OF RECORDS? NO RIGHT TO KNOW OFFICER: DATE RECEIVED BY THE AGENCY: AGENCY FIVE (5)-DAY RESPONSE DUE: **Public bodies may fill anonymous verbal or written requests. If the requestor wishe s the relief and remedies provided for in this Act, the request must be in writing. (Section 70 VVY:7 Written requests need not include an explanation why information is sought or the intended e of the information unless otherwise required bylaw. (Section 703.) -71-7 _ 6?0 /(0 2508381-I EXEC E JAN-22-20Q9 16:49 FALB MECHANICSBURU YlYby1'(3ZLJ F.UU1 SERVICE REQUEST FOR YiI INFORMATION Mall to: PA Auto License Brokers 6463 Carlisle Pike Suite 104 Mechanicsburg, PA 17050 Email: PALE omcast.net Phone: 717-691-6720 Fax: 717-691-7329 Your firms name & address: Account Code: 01-1 barley Snyder C 501 Washington St.. P.O. Box 942 it . PA 19603-09 Your claim/case number: Your Email: crcljc&mlev.com Phone: 610-898-7166 Fax: 610-376-5243 Attn: Collcan Brelie Please check one of the following for returning your product. (X) Email ( ) Fax () Mail The above selections apply to basic printouts only. All Photostats will be mailed. 'PLEASE HELP Us KZU COSTS DOWN 6Y SELECTING ( ) EMAIL IF POSSUILE Josegh D_. Cluck Name (First) (M.I.) (Last) Make of Vehicle Tag Number 12 Chestnut Street Street Address Title Number Mount Holly Springs. PA 17065 QV State Zip Code VIN INFOIIMATION REQUESTED TOTAL FEE () Basic printout on vehicle date given .................................................................514.00 () Search of vehicle date given ..............................................................................519.00 (X) Vehicle search of individual .............................................................................$19.00 () If no record of individual do a household search ..............................................$25.00 () Do a complete household search .......................................................................$25.00 IN CONJUNCTION W rrH THE REQUESTED INFORMATION YOU MUST CHECK ONE OF THE ITEMS NEI.OW. (X) Need basic printout only () Need vehicles only ( ) List only () Need individual printouts one each vehicle found () Need encumbrance on vehicles () Need insurance as of (give date) () Need most recent title history ( ) Need complete title history Household search means all individuals with a given last name at the given address and may not be possible on a common name in a large city. N 2 2 2049 Title history is $5.00 state fee per title transaction. A If you are mailing in your service request please include one check payable to PA Auto License Brokers. If you are faxing we will invoice you. Above fees include state fees for one record or Photostat. (EIN25-1641815) /61 n -.----- -----?----?- r - -- n . . - r ----- r--?-- - h n ?l .r /j` / State law requires us to submit on all paid information. You will always receive state Printouts or Photostats. We retain copies of basic printouts for 6 months. We do not retain copies of Photostats. JAN-22-2009 16:50 PALB MECHANICSBURG 7176917329 P.002 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 1/22/09 054006 BARLEY SNYDER LLC 501 WASHINGTON ST POB 942 READING PA 19603-0000 Dear Customer: 090220310000445 003 The Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. NAME : *JOSEPH D CLUCK If you have any questions concerning this information, please contact Vehicle Record Services at the address or telephone number listed below. Sincerely, Customer Service Team Bureau of Motor Vehicles ADDRESS CORRESPONDENCE TO: Department of Transportation Vehicle Record Services PO Box 68691 Harrisburg, PA 17106-8691 INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 www.dot.state.pa.us 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 Tel 610.376.6651 Fax 610.376.5243 www.barley.com January 22, 2009 Cumberland County Tax Claims Bureau 1 Courthouse Square Old Courthouse Carlisle, PA 17013 Colleen K. Brelje, Paralegal Direct Dial Number: 610.898.7166 E-mail: cbrelje@barley.com Re: Owner: Joseph D. Cluck - d 0CS n O? Dv-` Address: 12 Chestnut Street, Mount Holly Springs, PA To Whom It May Concern: 11 33---3-1 -a336,aa ) Please find enclosed a Right-To-Know Request Form in order to provide me with the records of Joseph D. Cluck at your earliest convenience. If you have any questions or you require a fee, please give me a call. Very truly yours, V Colleen K. Brelje Paralegal CKB/mce:2508448_ 1 Enclosures Pq r1C ?_. ?? LUWT Reading • York • Lancaster • Harrisburg -Berwyn • Hanover pennsylvania OFFICE OF OPEN RECORDS STANDARD RIGHT-TO-KNOW REQUEST FORM DATE REQUESTED: REQUEST SUBMITTED BY: E-MAIL U.S. MAIL FAX IN-PERSON NAME OF REQUESTOR : Colleen K. Brelie, Paralegal STREET ADDRESS • Barley Snyder, LLC, 501 Washington St., P.O. Box 942 CITY/STATE/COUNTY (Required): Reading, PA 19603-0942 TELEPHONE (Optional): 610-376-6651 RECORDS REQUESTED: *Provide as much specific detail as possible so the agency can identify the information. Please provide the local tax records for Joseph D. Cluck, 12 Chestnut Street, Mount Holly Springs, PA 17065, SS# 198-68-6132. DO YOU WANT COPIES? YES DO YOU WANT TO INSPECT THE RECORDS? NO DO YOU WANT CERTIFIED COPIES OF RECORDS? NO RIGHT TO KNOW OFFICER: DATE RECEIVED BY THE AGENCY: AGENCY FIVE (5)-DAY RESPONSE DUE: ClOck **Public bodies may till anonymous verbal or written requests. If the requestor wishes to pursue the relief and remedies provided for in this Act, the request must be in writing. (Section 702.) Written requests need not include an explanation why information is sought or the intended use of the information unless otherwise required by law. (Section 703.) 2508443-1 EXHW x1! 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 Tel 610.376.6651 Fax 610.376.5243 www.barley.com February 2, 2009 To: Postmaster U. S. Postal Service Biglerville, PA 17307 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION Colleen Brelje, Paralegal Direct Dial Number: 610.898.7166 E-mail: cbrelje@barley.com Please furnish the new address for the following individual or verify whether or not the address given below is one at which mail for this individual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on the boxholder's application form. Also include any address listed on a permanent change of address order application (Form 3575): Name (if known) Joseph D. Cluck Last Known Address 12 Chestnut Street City, State, ZIP Code Biglerville, PA 17307 The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii): Attorney. Capacity of requester (e.g., process server, attorney, party representing himself): 2. The names of all known parties to the litigation: Pennsylvania State Employees Credit Union vs. Joseph D. Cluck 3. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas. 4. The docket or other identifying number if one has been issued: 2008-07379 Civil Term. 5. The capacity in which the customer is to be served (e.g., defendant or witness): Defendant, Joseph D. Cluck L'rliM I Reading • York • Lancaster • Harrisburg • Berwyn • Hanover Postmaster February 2, 2009 Pages 2 6. A brief description of the nature of the litigation (e.g., domestic relations, personal injury, property damage, indebtedness): indebtedness. I certify that the above information is true and that the name and/or street address of the customer is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Signature - Dv Colleen Brelje, Paralegal Printed Name Barley Snyder LLC Address 501 Washington Street Address Reading, PA 19603 City, State, ZIP Code FOR POST OFFICE USE ONLY FORWARD: Name Street Address City, State, ZIP Code No change of address on file. Postmark _ Not known at address given _ Moved, left no forwarding address. No such address. QP `J C" N 0 J > c? N r oc o ? \? m Jy f \ 2515683-1 \ ?.C9 _777 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOSEPH D. CLUCK, Defendant THE COURT OF COMMON PLEAS OF IMBERLAND COUNTY, PENNSYLVANIA JIL ACTION - LAW 08-7379 Civil Term AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS. SHAWN M. LONG, ESQUIRE, being duly sworn according to law, deposes and says that he is the attorney of record for the Plaintiff, Pennsylvania State Employees Credit Union, and that the following is an itemization of the efforts taken by the Plaintiff to locate the Defendant, Joseph D. Cluck to effect service under the provisions of the Pennsylvania Rules of Civil Procedure, without success: 2525861-1 1. The mailing address of the Defendant, Joseph D. Cluck, as referenced in the July 31, 2007 loan application with Plaintiff, was 12 Chestnut Street, Mount Holly Springs, Pennsylvania. 2. The Sheriff of Cumberland County, Pennsylvania has returned the Return of Service to Plaintiff indicating "Not Found" at 12 Chestnut Street, Mount Holly Springs, Pennsylvania as to the Defendant. 3. As part of the Return, a note indicates that Defendant has moved and left no forwarding address. 4. Plaintiffs counsel prepared and mailed a Change of Address Request form to the Mount Holly Springs Post Office for the Defendant. 5. The response to the Change of Address Request from the Mount Holly Springs Post Office indicates "Moved, left no forwarding address" for the Defendant at 12 Chestnut Street, Mount Holly Springs, Pennsylvania 17065. 6. Plaintiff's counsel prepared an Intelius search on Intelius.com. 7. The Intelius search indicates an address of 12 Chestnut, Biglerville, Pennsylvania 17307. 8. Plaintiff's counsel prepared a White Pages search on whitepages.com. 9. The White Pages search indicates an address of 12 Chestnut Street, Biglerville, Pennsylvania 17307. 10. Plaintiff's counsel prepared a Right-to-Know Request form to the Cumberland County Bureau of Elections. 11. The response to the Right-to-Know Request from the Cumberland County Bureau of Elections indicates Defendant is not a registered voter in Cumberland County. 2525861-1 12. Plaintiff s counsel prepared a Service Request for Vehicle Information to PA Auto License Brokers. 13. The response to the Service Request for Vehicle Information indicates there are no records for Defendant. 14. Plaintiffs counsel prepared a Right-to-Know Request form to the Cumberland County Tax Claim Bureau. 15. The response to the Right-to-Know Request from the Cumberland County Tax Claim Bureau indicates Defendant does not own the property at 12 Chestnut Street, Mount Holly Springs, Pennsylvania. 16. Plaintiff s counsel prepared a Right-to-Know Request form to the Mount Holly Springs Tax Collector. 17. The response to the Right-to-Know Request from the Mount Holly Springs Tax Collector indicates there are no records for Defendant. 18. Plaintiff s counsel prepared and mailed a Change of Address Request form to the Biglerville Post Office for the Defendant. 19. The response to the Change of Address Request from the Biglerville Post Office indicates "No such address" for the Defendant at 12 Chestnut Street, Biglerville, Pennsylvania 17307. 20. Plaintiff believes and therefore avers that the reasonable method, under the circumstances, is to serve all pleadings, including service of process, default notice, and writ of execution notices upon the Defendant, Joseph D. Cluck, if necessary, by publication. 21. The Plaintiff will suffer irreparable harm and injury if the Plaintiff is not allowed to effect alternate service of the process, default notice, and writ of execution notices, if necessary, upon the Defendant, Joseph D. Cluck, by publication, under Pa.R.C.P.430. 2525861-1 22. The Plaintiff has exhausted all reasonable efforts to serve the Defendant, Joseph D. Cluck. Sworn tS and subscribed be re me this /'/day of- !2 ? .2009. N P PENN8YlVAn N1A NON SOd Judd F. Gwoft' N*N Public CIV EtpNst Mdt.14200® 1 1111 IIII MOMbe?,. ftnpyyNan?a As^ of Notad" 2525861-1 c .ate Q r-n e No. 08-7379 Civil Term BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East Kling Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V, JOSEPH D. CLUCK, Defendant URT OF COMMON PLEAS OF MBERLAND COUNTY, PENNSYLVANIA JIL ACTION - LAW o. 08-7379 Civil Term PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS . SS. Colleen K. Brelje, Paralegal, being sworn according to law, deposes and says that she served a true and correct copy of the Motion of Pennsylvania State Employees Credit Union for Service Pursuant to Special Order of Court PA.R.C.P. 430(a) upon Joseph D. Cluck, at his last known address of 12 Chestnut Street, Mount Holly Springs, PA 17065-1305, via First Class Mail, postage prepaid on March :9, 2009 at 5:00 p.m. Sworn to and subscribed before me this -Za??1 day of March, 2009. ? ,l2 Notary Public 2556101-1 BARLEY SNYDER LLC By: Colleen K. Brelje, Paralegal 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 COMMONVVMTH OR PENNSYLVANIA Notarial Seed Margaret C. Edwards. Wary Pd* Cky Of Rea ft Sedan Cax My Cam* Wm EVkw Mardi 2Z, 2008 Member, Pennsylvania Asswl*Wn of Notaries ? _3 ? ? ? -c-i ?; ,,? ...? ra ? err ? ° ? L ?, . . .r. ?...: ' " ? E ^jY u, J < ...,. '? ..... . ,,, r. ? L4 1 _ MAR 2 4 2000 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOSEPH D. CLUCK, Defendant THE COURT OF COMMON PLEAS OF JMBERLAND COUNTY, PENNSYLVANIA ACTION - LAW o. 08-7379 Civil Term ORDER AND NOW, to wit, this 2 Vday of ?r•,a,?c h , 2009, upon consideration of the Motion of Pennsylvania State Employees Credit Union for a Special Order of Court authorizing service of process, default notice, and writ of execution notices, if necessary, upon the Defendant, Joseph D. Cluck, by publication in accordance with Pa.R.C.P. 430 and the Court having made a determination that sufficient evidence of concealment has been presented, and that the Plaintiff has made a good faith effort to locate the Defendant to the degree necessary to justify service by publication in accordance with said Rule, it is ORDERED that service of process, default notice, and writ of execution notices, if necessary, by publication in accordance with Pa. R.C.P. 430(b)(1) is hereby authorized, and Plaintiff, upon effecting service in accordance with said Rule, shall file a Certificate of Service with the Office of the Prothonotary of Cumberland County, Pennsylvania. 2525861-1 V6 c--? BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOSEPH D. CLUCK, Defendant THE COURT OF COMMON PLEAS OF IMBERLAND COUNTY, PENNSYLVANIA dIL ACTION - LAW o. 08-7379 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned action. BY: BARLEY SNWDEK LLC Shawn M. Long, quire Attorneys for PI intiff Pennsylvania State Employees Credit Union Court I.D. No. 83774 126 East King Street Lancaster, PA 17602-2893 717-299-5201 2574114-1 0 °,:. FILED' ' !P OF TH E I' 2009 APR 30 t: 1. ?i -*to . oc) PQ A T rY cet 4a oR e:r* BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOSEPH D. CLUCK, Defendant THE COURT OF COMMON P.EAS OF MBERLAND COUNTY, PE SYLVANIA dIL ACTION - LAW . 08-7379 Civil Term VERIFICATION Colleen Brelje, hereby verifies that on May 15, 2009 service of the Complaint was served by publication upon the Defendant, Joseph D. Cluck, in accordance with Order of Court dated March 26, 2009 in The Sentinel and the Cumberland Law Journal. Proofs of publication in The Sentinel and the Cumberland Law Journal are attached hereto and marked Exhibit "A". BARLEY SNYDER LLC By: Q J &c'e Colleen Brelje, Paralegal 501 Washington Street P.O. Box 942 Reading, PA 19603 Attorneys for Pennsylvania State Dated: June 15, 2009 Employees Credit Union 2576688-1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, 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, Viz May 15, 2009 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. ` i Marie Coyne, ditor SWORN TO AND SUBSCRIBED Wbre me this 15 day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUN?Y My Commission Expires Apr 28, 201 bb CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law 08-7379 Civil Term PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Plaintiff VS. JOSEPH D. CLUCK, Defendant NOTICE To: Joseph D. Cluck You are hereby notified that on December 19, 2008, Plaintiff, Penn- sylvania State Employees Credit Union filed a Complaint endorsed with a Notice to Defend against you in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 08-7379 Civil Term, which has been reinstated, wherein Plaintiff seeks to enforce its rights under its loan documents. Since your current whereabouts are unknown, the Court by Order dated March 26, 2009, ordered no- tice of said facts and the filing of the Complaint to be served upon you as provided by R.C.P.430(b). You are hereby notified to plead to the above referenced Complaint on or before 20 DAYS from the date of this publication or Judgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney, and file your defenses or objections in writing with the Court. You are warned that if you fail to do so, the case may proceed without you and a Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, PA 17013 (717) 249-3166 or PA Toll Free (800) 990-9108 SHAWN M. LONG, ESQUIRE BARLEY SNYDER LLC 126 East King Street Lancaster, PA 17602 (717) 299-5201 May 15 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issuedlin said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): May 15, 2009 COPY OF NOTICE OF PUBLICATION a Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing staternent as to ffine, place and character of publication are true. Sworn to and subscribed before me this 15nd a LtUd?- Notary Public: My commission expires: COMMONWEALTH OF PENMSYI_ NOTARIAL SEAL BAMBI ANN HECKENOORN; NOWT PUW Camp Hill Boro., CumbSfWW C Aqv r 'n•; ..:.- ,n Expires January 27, 2010 FILE{ 0,`# rCE OF THE P,-'74r, !OTARY 2009 JUN 16 PM 1: 5 4 cull ?_; :?Uf?JaY r'c,NIiwaYLtI^.,,d '? ?t ?X.. BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOSEPH D. CLUCK, Defendant THE COURT OF COMMON PLEAS OF IMBERLAND COUNTY, PENNSYLVANIA IVIL ACTION - LAW o. 08-7379 Civil Term VERIFICATION Colleen Brelje, hereby verifies that on June 26 2009 service of the 10-day default notice was served by publication upon the Defendant, Joseph D. Cluck, in accordance with Order of Court dated March 26, 2009 in The Sentinel and the Cumberland Law Journal. Proofs of publication in The Sentinel and the Cumberland Law Journal are attached hereto and marked Exhibit "A". BARLEY SNYDER LLC By: ? (?\w ? -L? lc-I , Col een Brelje, Paralegal 501 Washington Street P.O. Box 942 Reading, PA 19603 Attorneys for Pennsylvania State Dated: July _1_6, 2009 Employees Credit Union 2650660-1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, 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, Viz June 26, 2009 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 26 day of June, 2009 C Notary 01O'Z idy sejldx3 uolSSiwwoO Aw ,UNnoNV183W(0 'odo8 31SI12H0 ollgnd tio40N SN1110v Hbaom 3S o N VIMON PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 26, 2009 COPY OF NOTICE OF PUBLICATION ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAWA ACTION -LAW CIVIL PENNSYLVANIA STAfiE FMPL YEES CREDIT UNION, VS. Joseph o. Cluck Defendant CIVIL ACTION LAW No. 08-7379 CNN Term To: Joseph D. Cluck poses that he/she is not abject matter of the advertisement, and that Ie foregoing statement A character of RSONALLY OR I TO THE 0 YOU ARE IN ortr~u 1;' IN Y?TRITMIG WITH THE -w"N" ,. TEN 10)DAY8 FRDII? rr+c ,LATE OF THIS BY ATTORNEY AND CLAIMS SET FORTH AGAINST YOU. UNLE68YGU'AOT W MARY BE NT R ED AG?ST YOU WITHOUT A HEARING AND YOU MAY t.OSE'YOl NOTICE RTY OROTHER PROPE LL OWING OFFICE SET FORTH BELOW. THIS HAVE PROVtclE YOU WITH. TO OR OFFICE YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF Y U DONOT NOT HAVE A LAWYER, GO WI H, TELEPHONE THE FO' v ??QRpryt;iON-ABOUT HIt¢IN A LAWYER. _. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFIC' MK* BE AB INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBL? PERSONS AT A REDUCED FEE OR NO FEE. , Cumberland Courtly'" Alaoofarion 32 S. 8edbrd 13 C 9 PA To(800) 8P0-9148 Shawn M. Long. Esquire DNp; 83774 Snyder LLCC 728catd](InX_2893 17)2W620 1466-1 .ibed before me this bO I flujukk) Notary Public 's: - C4DMMONWLALfi-1 if- r'r-0414SYLVA61- NOTARIAL SEAL EBAMBI ANN HECKENDORN Notary Public mp Hill Boro., Cumberland County mmission ExpireF January 27, 2010 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13w,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 26, 2009 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. q?,YA N6;r,- ? 0 Sworn to and subscribed before me this aq? o0 Notary Public My commission expires: C,OMMONWLAL1 H J> - k-ILNi4SYLV Ail.... -. NOTARIAL SEAL BAMBI ANN HECKENDORN, Notary Public .:Camp Hill Boro., Cumberland County My Commission Expire, January 27, 2 10 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 08-7379 Civil Term PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff vs. Joseph D. Cluck, Defendant IMPORTANT NOTICE To: Joseph D. Cluck You are in default because you have failed to enter a written appear- ance 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 en- tered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 PA Toll Free (800) 990-9108 SHAWN M. LONG, ESQUIRE I.D. No. 83774 BARLEY SNYDER LLC 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 June 26 oc Tl.< r,! pY 2 Ga4 JU 13 P ? 3: 2 8 -. BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. Defendant JOSEPH D. CLUCK, 1 THE COURT OF COMMON PLEAS OF UMBERLAND COUNTY, PENNSYLVANIA IVIL ACTION - LAW o. 08-7379 Civil Term PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, Pennsylvania State Employees Credit Union and against Defendant, Joseph D. Cluck for want of an answer in the amount of $14,199.67 plus costs of suit. (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( ) Pursuant to Pa. R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. 2648700-I (X) Pursuant to Pa. R.C.P. 237. 1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney-of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Date: - 9 ?2 - BARLEY SNYDER LLC By: Shawn M. Long, Esq ' e Attorneys for Plain ' f Pennsylvania Sta a Employees Credit Union Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 NOW, 2009, JUDGMENT IS ENTERED AS ABOVE. Prothonotary/Clerk, Civil Division By: 2648700-1 NOTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff VS. Joseph D. Cluck, Defendant CIVIL ACTION - LAW No. 08-7379 Civil Term IMPORTANT NOTICE To: Joseph D. Cluck YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 PA Toll Free (800) 990-9108 Shawn M. Long, Esquire I.D. No. 83774 Barley Snyder LLC 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 2631466-1 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOSEPH D. CLUCK, Defendant Attorneys for Plaintiff Pennsylvania State Employees Credit Union THE COURT OF COMMON PLEAS OF JMBERLAND COUNTY, PENNSYLVANIA VIL ACTION - LAW 08-7379 Civil Term VERIFICATION Colleen Brelje, hereby verifies that on June 26 2009 service of the 10-day default notice was served by publication upon the Defendant, Joseph D. Cluck, in accordance with Order of Court dated March 26, 2009 in The Sentinel and the Cumberland Law Journal. Proofs of publication in The Sentinel and the Cumberland Law Journal are attached hereto and marked Exhibit "A". BARLEY SNYDER LLC By: Q (?\w C't-? ? , -.0-o Col een Brelje, Paralegal 501 Washington Street P.O. Box 942 Reading, PA 19603 Attorneys for Pennsylvania State Dated: July _1.?k 2009 Employees Credit Union 2650660-1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, 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, Viz June 26, 2009 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. SO SUBSCRIBED before me this 26( ay of June, 2009 Notary o t oz V JdV se,ld wo' Ayy A1N1100 aWb3Mn0 'Oboe 31SI1bV0 ollgnd AJ0;0N SNI1100 V HVb093o 1V3S T11MON M Li arie Coyne, Edi r WO T AND PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manage,r of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 26, 2009 COPY OF NOTICE OF PUBLICATION M THE COURT OF COMMON PLEAB QF CUMBERLAND COUNTY. sYI,W1N1A CIVIL ACTION • LAW pENNBYWANV? STAtE CREDIT UNION, • Vs. Nc.o -733j9 CCM -Twm YOU BY IF You CANNOT AFFORD TO HIRE A LAW' W%-1 nro -? Q- AB THAT MAY OFFER LEOM 8ER1?ICE8 T INFORMU?TbN ABOUT { REDUCED FEE OR NO FEE. . I --balm Cwnbeft .3 pK`T Fm l9?) 108 Hhmn Lome. Esquk' Nu4 CC _ i Doses that he/she is not abject matter of the advertisement, and that le foregoing statement id character of -ibed before me this D 1 flu 4tAk&-) Notary Public Is: rAA MO"WLAL-fh aF etr v4SYLv^r- NOTARIAL. SEAL BAW ANN HECKENDORN, Notary Publk. Carte HM Boro., Cumberland County CoT! ission Expires January 27, 2010 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 131h,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 26, 2009 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. 0 Sworn to and subscribed before me this o0 AT" ??nP?i Q,.?.r? ? Notary Public My commission expires: COMMONWLALfh:lF eEr 4SYLV^ft.. NOTARIAL SEAL BAMBI ANN HECKENDORK Notary Public Camp Hill Boro., Cumberland County Commission ExpireF January 27, 2010 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law BARLEY SNYDER LLC 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 June 26 No. 08-7379 Civil Term PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff vs. Joseph D. Cluck, Defendant IMPORTANT NOTICE To: Joseph D. Cluck You are in default because you have failed to enter a written appear- ance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth agamet you. Unless you act within ten (10) days from the date of this notice, a judgment may be en- tered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 PA Toll Free (800) 990-9108 SHAWN M. LONG, ESQUIRE I.D. No. 83774 FILC(, .::?- 0F ?I-,= 2009 !{ `L 13 Pik 2 a l: } BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. JOSEPH D. CLUCK, Defendant THE COURT OF COMMON PLEAS OF JMBERLAND COUNTY, PENNSYLVANIA dIL ACTION - LAW o. 08-7379 Civil Term AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918. RE-ENACTED 1940 LANCASTER COUNTY, SS: Before me, the undersigned authority, personally appeared Shawn M. Long, Esquire, who being duly sworn according to law, doth depose and say that Joseph D. Cluck, the Defendant is not in the Military or Naval Service, based on the following facts: Age of Defendant is unknown; Present place of employment is unknown; Last known place of Residence is 12 Chestnut Street, Mount Holly Springs, PA 17065-1305 as of the date of this affidavit. 2648700-1 ADDITIONAL FACTS, if any. ZT Date: -7 1 qll- Sworn and subscribed to before me this BARLEY SNYDER LLC By: Shawn M. L g, Esquire Attorneys r Plaintiff Penns ania State Employees Credit Union Court I.D. No. 83774 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 day'of , 2009. Notary Public 1 OF PENNSnv A COWONWM Cdl..? M. DOM"# nary Public 3 Citlr °IComu1mlM C w* Mn nb?r, PMn A?taciM+ of NOMrles 2648700-1 It.Eu ?u, r,tL,C OF THE ;LL .}TAY 2009 JUL 23 Ali' i f : 4 44-00 PA Arty kr* as Rssl, Nc4t&. IUa," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY CARLISLE, PA TO: Joseph D. Cluck Defendant YOU ARE HEREBY NOTIFIED that Pennsylvania State Employees Credit Union has caused a judgment by default to be entered against you with the Prothonotary of Cumberland County. The judgment was entered on I/a,3?09 , to No. 08-7379 Civil Term with the Court of Common Pleas of Cumberland County - Civil Division. The judgment is in the amount of $14,199.67 plus costs of suit. PROTH AR By: Deputy Clerk 2648700-1