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HomeMy WebLinkAbout01-3316FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION SUNTRUST BANK F/K/A CRESTAR BANK 1001 SEMMES AVENUE RICHMOND, VA 23224 TERM Plaintiff v. NO. 22ti,, CUMBERLAND COUNTY DAVID E. CLUCK KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD MT. HOLLY SPRINGS, PA 17065 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. Ifyou 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 yon. 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 Loan #: 010735515S IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is SUNTRUST BANK F/VJA CRESTAR BANK 1001 SEMMES AVENUE RICHMOND, VA 23224 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID E. CLUCK KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD MT. HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and mai 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 IST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1416, Page 985. By Assignment of Mortgage recorded 11/17/97 the mortgage was assigned to CRESTAR MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. :562, Page 377. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specifted 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 $95,898.86 Interest 3,226.86 11/1/00 through 5/1101 (Per Diem $17.73) Attorney's Fees 4,000.00 Cumulative Late Charges 128.80 ! 1/10/97 to 5/1/01 Cost of Suit and Title Search 550.00 Subtotal $103,804.52 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $103,804.52 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collecled in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the Ixue and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiffor an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a hue and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $103,804.52, together with interest from 5/1/01 at the rate of $17.73 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Fedc,uum FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Dam: 03/12/01 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE To:David E. Cluck Kelly L. Cluck 204 Mouutain View Road Mouut Holly Springs, PA 1706~ This is an official notice that tile mortEaee on your home is in default, and the lender intends to foreclose. Soecific information about the nature of the default is orovidcd in the attached GaGes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to held to save your home. This Notice exolains how the vro~ram works. To ~ee if HEMAP can helD. you must MEET WITH A CONSUMER CREDIT COUNSELING AGI~NQY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take tiffs Notice with you when you meet with the Counse[ina Auencv. The name. address and ohone number of Consumer Credit Counselina Aaencies serving, your County are listed at the end of this Notice. Ifygu have any questions, you may cai I the Pemmvlvanin Housin~ Finance Authority toll tree at 1-800-342-2397. {Persons with imnaired hearina cnn call f717} 780-18691. This Notice contains important legal information. Ifyou have any questions, representatives at fl~e Colmumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you f'md a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUM. A, IMPORTANCIA, PUES AFECTA SU DER. ECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA, (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEOIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): David E. Cluck Kelly L. Cluck PROPERTY ADDRESS: 204 Mountain View Road, Monot Ilolly Springs, PA 17065 LOAN ACCT. NO: 107355158 ORIGINAL LENDER: Nlembers First Fcdcral Credit Uuion CURRENT LENDER/SERVICER: SunTrust Mortgage Corporation HOMEOWN'ER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOMr~ FROM FORECLOSURE AND HELP YOU IvIAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF TIlE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU'MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED -- BY TIlE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date ofthis Notice. During that time you must arrange and attend a "face- to- face" meeting with one of the consumer credit counseling agencies listed at the end ofthis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY IvlOR'I'GAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAf_I.P.D "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BILrNG YOUR IVlORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- Ifyou meet with one of the consumer credit counseling agency listed at the end of this notice, die lender may NOT take action against you for thirty (30) days after the date of tiffs meeting. The names, addresses and telenhone numbers ofdesinnated consumer credit counselint agencies for the county in which vrooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-lace meeting. Advise your lender immediately ofyour intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information ab. out the nature ofyhour default.) Ifyou have Ixied and are unable to resolve this problem with lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and llle a completed Homenwner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and 0~ey will assist you in submitting n complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIbIE PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HONIEE IblIHEDIATELY A. ND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your -application. During that time, no foreclosure proceedings will be pursued against you ffyou have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of ils deeisiou Gu your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bunkruptcy you can still apply for Emergency Mortgage Assistance,) HO%V TO CURE YOUR MORTGAGE DEFAULT (Brin~, it up to date) NATURE OF THE DEFAULT - The MORTGAGE dab~ held by the above lender on your properly located at: 204 Mountain View Road, Mount Holl~Springs, PA 17065 _ IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYlvlENTS for the following months and fig following, amounts are now past due: 3 payments ~ $2,409per month Start Date- 12/01/00 Endin~ Date-03/0 I/01 Late Chartres-S64.40 Bad Check Fees-S0.00 Other Fees-S9.00 $2,482.40 TOTAL AMOUNT B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not usc if not applicableS: HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT'PAST DUE TO THE LENDER, 'Il IS $2,482.40 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. ~ be made either bv cashier's check, certified chpot- or money order mnd~, nsvable and sent to: You can cure any other default by taking the following action witlfin THIRTY (30) DAYS 6fthe date of this letter: (Do not flDn~mAY.,S of t.he date of t,hi.'s Notice, the lender iutends to exercise its rinhts to accelerate the mortnnne debt, This meaus ' trt~m~ ~nt~:re ou!,st,an.mng,,balunce o.t..m!.s cte0t wm ~ ,cous~dered due ,mmed~at.ety and you ma. y)ose the ctunce to pay the · · -- g ~ n. mon,uny ~pstm:me. nts. tt rea payo~ent pt the to. mi amount ~ust due ts not made w~thin THIR'rY (30) D2ti~l~tdlldl [~l"r ~ ~enaer also mteuns to mstruct its attorneys to start legal act:on to foreen)se upon your mortnneed property. ~mtd~FJlG)a I ~ IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mongaga debt. Ifthe lender refers your case to i*~ attorneys, but you cure thc delinquency before the lender begins legal pmceedinga against you, you will still be required to pay the reasonable attorney's fees that were actually incu~ed, up to $50.00. However, illegal proceedings are started against, you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if tbey exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, witich may also include other reasonable costs. If you cure Ihe default wilhin the THIRTY (30~ DAY neriod, you will not be reoulred to oar attorney's fees. OTHER LENDER REMEDIES -- The lender nmy also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SIIERIFF'S SALE - Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the ~ale at any time un to one hour~before the Sheriff's Sale. You may do so by nnvin~ the total amount then dost ~"ue. dias any late or other charnes fllen due. reasonable attorney's fees and costs connected with the foreclosure sole'and any other costs connected with the Sheriff*s Sale as soecified in writing bv thc lender and by nerformina any other renoirements under the mortgnqc. (~uring your default in the manner set forth in this notice will restore your mortnnne to the same position ns if you llad never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is astirnated that the earliest date that such a Sheriff's Sale of file mortgaged property could be held would be npprnalmntely SIX (6) nmnths from tile date of this Notice. A notice of the nctnal date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the defanlt will increase the longer you wait. You m~y i'md out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: SunTrust Mortgage Corporation Address: 100! Semmes Aveuue, Riehnmod, VA Z3224 Phone Number: 1-800=5S2-6507 Fax Number: 1=804-291-0137 .Contact Person: Collections Deportment EFFECT OF SHERIFF*S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in die property at, er die Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or __ may not (CHECK .O. NE) sell or transfer your home to .a, buyer or transferee who wilt assume the mortgage debt, provided that all the outstanding payments, cllargas and attorney s fees and costs are paid prior to or nt the sale andfltnt file other requirements of the mortgaga are satisfied. YOU IHAY ALSO IIAVE TIlE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER TIIE FEDERAL BANKRUPTCY LAW. CONSUI~,IER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY-ATTACHED Certified mnil Number CERTIFIED MAIL # PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY A.~ISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/O0) CI~INTON COUNTY Lycoming-Clinton Coun~im C~nisio~ ~' CCCS of No~m~s~'rn PA Community Action (STEP) 1631 Sotlfll A~'~on St., Sui~ 2t38~ncolnS~ P.O. 8~ t328 S~C~PA WiOi~ PA [7703 (~14) 23~366~ F~ (814) 238-366g (~70) 326~587 F~ (570) 3~-2197 CCCS o~N~e~ PA 20t Bran Wi]li~ PA 17703 (~70) 3~27 F~ (~70) 323~26 3 [ W. M~kct S~t 14~ Ab~n~n Ex~utive P~ ~B 1127 S~ [ Wi~-B~. PA t8702 CI~ S~tL PA 184[ I (~70) 821~837 or (800) 922-9~37 (~70) ~87~163 or (800) Comm~i~ ~ Eco~i~ ~i~ of L~ 163 ~b~ ~e Wilkes-B~. PA 18702 F~ (5~0} ~29-1665~C~1 ~ F~i~) (5~0) 8~6~0 T~ B~r T. W~hin~n Center G~r Erie Communi~ A~tion Co~i~ee 1720 Noll~d Cen~r 18 West ~ S~t E~e, PA 16503 ~ PA t6501 John F. Kenn~y Cent, Inc. She~ V~ley U~ Le~e, ~c. 2021 E~t 2~ St~t ~ ~di~a Aven~ Etse. PA 16~10 F~II. PA 16121 F~ (814) 89~-t24~ CCCS o~W~ ~s~lv~ In~. F~n~iM Co~eling Se~i~ of F~m 20~ Lmglesmwn Ro~ ~ ~ West 3~ S~et H~sbu~ PA ~102 Wa~, PA 1~26~ (~1~) 541-1~57 {~1~ 762-32~ Urb~ ~u~ oF M~li~ ~sb~ ~CA of C~is~ N. 6~ S~ 301 ~' S~ {~1~) 2~5925 F~ (~1~) ~4~5~ (~1~ ~3-381~ F~ (717) ~ C~i~ ~tion Corem of ~ C~i~ ~ ~ C~ H~ing Au~ri~ 1514 ~ S~ 13~143 C~lisl~ S~ H~b~ PA 171~ ~b~ PA (~1~)~2-9~57 F~(~1~)234-222~ (~1~3~151~ F~ ~26 pF~NNSYLVAN~A BULLETIN, VOL. 29. NO. 23. a-ONE 5. 1999 ALL THAT CERTAIN tract of land situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point in the centerline of Mt. View Road (T-474), said point marking the common point of adjoiner of Lots $3 and #4 on the hereinafter mentioned plan of subdivision with the centerline of said roadway; thence departing from the centerline of Mt. View Road, and exd~ending along Lot $~, North eighty-eight (88) degrees three (03) minutes forty-two (42) seconds West, through an iron pin set on the westernmost dedicated right-of-way line of Mt. View Road, a distance of twenty-five and no hundredths (25.00) feet from the origin of this call, for a total distance of six hundred ninety-nine and ninety-two hundredths (699.92) feet to an iron pin set at lands now or formerly of William McCoy; thence extending along lands now or formerly of William McCoy, ~orth six (6) degrees thirty-five (35) minutes forty-one (41)~seconds East, for a distance of one hundred-fifty and forty-five hundredths (150.45) feet to an iron pin set at Lot $5 on the hereinafter mentioned plan of subdivision; thence extending along Lot $5, South eighty-eight (88) degrees three (03) minutes forty-two (42) seconds East, through an iron pin set on the westernmost dedicated right-of-way line of Nt. View Road, a distance of twenty-five and no hundredths (25.00) feet from the terminus of this call, for a total distance of six hundred ninety-one and twenty hundredths (691.20) feet to a point in the centerline of Mt. View Road; thence extending in and through the centerline of Mt. View Road by an arc or curve to the left having a radius of four thousand seventy-two and thirty-six hundredths (4072.36) feet, for an arc distance of one hundred fifty and no hundredths (150.00) feet to a point in the centerline of Mt. View Road at Lot $3, said point marking the place of BEGINNING. BEING designated as Lot $4, on a final plan of subdivision of White Tail Meadows, prepared for Kenneth Lin, Inc., by Stanley Jarmolenko, Registered Surveyor, dated October 21, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 63, Page 136. P~SES: 204HOU~TAIN VIE~HOAD VER/I:ICATION REBECCA W. SHAIA hereby states that she is V.P. of SUNTRUST MORTGAGE. INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statemeuts 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. FEDERMAN AND PHELAN By: FRANK FEDERMAN Idontiflcation No, 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff SUNTRUST BANK F/IGA CRESTAR : CUMBERLAND COUNTY BANK : 1001 SEMMES AVENUE : COURT OF COMMON PLEAS RICHMOND, VA 2:3224 : Plaintiff : CIVIL DIVISION : vs. : NO. 01-3316 CML TERM : DAVID E. CLUCK : KELLY L. CLUCK : 204 MOUNTAIN VIEW ROAD : MOUNT HOLLY SPRINGS, PA ! 7065 : ; Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAC~g TO THE PROTHONOTARY: Kindly enter judgmant, in rem, in favor of the Plaintiff and against DAVID E. CLUCK and KELLY L. CLUCK~ Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $103,804.S2 Interest S/1/01 TO 7/17/01 $1 v:382.94 TOTAL $105,187.46 I hereby certify that (1) the addresses of the Plaintiff and De~ndant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ ~ PRO PROT~ *el'HIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFI~IRMED, THIS CORRESFONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** SHERIFF'S RETURN - REGULAR CASE ~O: 2001-03316 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST BANK ET AL VS CLUCK DAVID E ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLUCK DAVID E the DEFENDANT , at 2002:00 HOURS, on the 14th day of June , 2001 at 204 MOUNTAINT VIEW ROAD MT HOLLY SPRINGS, PA 17065 by handing to DAVID CLUCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Se 1-vice 3.72 Affidavit .00 Surcharge 10.00 R. Thomas .00 31.72 06/18/2001 FEDERF~Zu~ & PHELAN Sworn and Subscribed to before By: .: me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR ~ASE ~O: 2001-03316 P COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST BANK ET AL V$ CLUCK DAVID E ET AL CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLUCK KELLY L the DEFENDANT , at 1153:00 HOD-RS, on the 1st day of June , 2001 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to KELLY L CLUCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Servi c e .00 ~ ~--~-~:~?_~.~' ..... ~..:- o',~..TS~,.~' ,.,~..:~ ~ -~'C-:;~'' Affidavit 00 f ... ,- -,.,. Surcharge 10.00 R. Thomas Kline ~ .00 16.00 06/18/2001 Sworn and Subscribed to before By: j~~~/~' me this day of ' ' A.D. Prothonotary FEDERMANAND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 ATTORNEY FOR PLAINTIFF One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 SUNTRUST BANK F/K/A CRESTAR : COURT OF COMMON PLEAS BANK Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY DAVID E. CLUCK KELLY L. CLUCK : NO. 01-3316 Defendant(s) · o, IL[ COH 204 MOUNTAIN VIEW ROAD MT. HOLLY SPRINGS, PA 17065 DATE OF NOTICE: ~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN ANATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. N I E 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 ASSOCIA~ON 2 L~ERTY AVENUE CARLISLE, PA 17013 (71~ ~9-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERM~_NAND PHELAN Frank Federman, Esquire Identification No. 12248 ATTORNEY FOR PLAINTIFF One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 SUNTRUST BANK F/K/A CRESTAR : COURT OF COMMON PLEAS BANK Plaintiff : CIVIL DIVISION : CUMBERLAND COU/qTY DAVID E. CLUCK KELLY L. CLUCK :NO.01-3316 Defendant TO: KELLY L. CLUCK 204 ~0UNT~N V~E~ ROAD ~tT. HOLLY SPRINGS,PA 17065 o, .o,=, FILE COl THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN~/~ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, ~ ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT ~ SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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: ~ERLAND COUNtrY CUN[B~J~AND COUNTY BAR ASSOCIATION 2 LmEI T AVENUE CARLISL~ PA 17013 (717)249-3166 Frank Federman,Esquire Attorney for Plaintiff FEDERMANAND PHELAN Frank Federman, Esquire Identification No. 12248 ATTORNEY FOR PLAINTIFF One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 SUNTRUST BANK F/K/A CRESTAR : COURT OF CO~94ON PLEAS BANK Plaintiff : CIVIL DIVISION : CUMBERLAND COUNTY DAVID E. CLUCK KELLY L. CLUCK :N0.01-3316 Defendant 1944 B FRY LOOP A%~NTJ~ CARZ, ZE~E, PA 17013-4601 DAT~ OF lqOTZ~E~ ,.TUN~5,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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: CUMBEI~LAND COUNTY CUMBERLAND COUNTY BAR ASSOCIA~ON 2 L~ERTY AVENUE CARLISLE, PA 17013 (717) ~9-3 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Sui~ 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attomey for Plaintiff SUNTRUST BANK F/K/A CRESTAR : CUMBERLAND COUNTY BANK : : Court of Common Pleas Plaintiff : : CML DIVISION VS. : NO. 01-3316 CIVIL TERM DAVID E. CLUCK : KELLY L. CLUCK : : Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Pla'mtiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended Co) 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 17013-4601. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) SUNTRUST BANK F/K/A CRESTAR : CUMBERLAND COUNTY BANK : : Court of Common Pleas Plaintiff : : CML DIVISION VS. : : NO. 01-3316 CIVIL TERM DAVID E. CLUCK : KELLY L. CLUCK : : Defendant(s) : Notice is given that a Judgment in the above captioned matter has been entered against you on JULY _,~_~' ,2000. UTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM l~ A DEBT COLLECTOR ATrEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAI~-FIIoMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A-I-rEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** SHERIFF'S RETURN - REGULAR CASE NO: 2001-03316 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST BANK ET AL VS CLUCK DAVID E ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLUCK DAVID E the DEFENDANT , at 2002:00 HOURS, on the 14th day of June , 2001 at 204 MOI/NTAINT VIEW ROAD MT HOLLY SPRINGS, PA 17065 by handing to DAVID CLUCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 3.72 ~~~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.72 06/18/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~ ~! S~~ me this ~-- day of ~ Deputy - -  . ~ A.D. ~P~othonotary ' ' SHERIFF' S RETURN - REGULAR CASE NO: 2001-03316 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST BANK ET AL VS CLUCK DAVID E ET AL CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLUCK KELLY L the DEFENDANT , at 1153:00 HOURS, on the let day of June , 2001 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to KELLY L CLUCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Se rvice .00 ~d~ ,~. ~,,,~-~~.~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 06/18/2001 FEDERMAN & PHEL~//~ _ . ..... Sworn and Subscribed to before By: me this ~;~¢~- day of f/ De~uty-Sh~-i'~f  ~/ A.D. ~ l~rothonot ary PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 31803183 SUNTRUST BANK F/K/A CRESTAR BANK : CUMBERLAND COUNTY Plaintiff, : v. : No. 01-3316 CIVIL TERM : DAVID E. CLUCK : KELLY L. CLUCK : Defendant(s). : TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $105,187.46 Interest from 7/17/01 to 12/5/01 $2,437.89 and Costs (per diem - $17.29) TOTAL $107,625.35 F .~dqK FEDERI~ JuN, ESQUIRE O ~IE PENN CEN' ~ER at SUBURBAN STATION S' lITE 1400 PI [ILADELPHIA. :PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. SUN'i'KUST BANK F/K/A CRESTAR BANK : : CUMBERLAND COUNTY Plaintiff, : v. : COURT OF COMMON PLEAS : DAVID E. CLUCK : CIVIL DIVISION KELLY L. CLUCK : : NO. 01-3316 CIVIL TERM Defendant(s). : AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) SUNTRUST BANK F/K/A CRESTAR BANK, Plaintiff in the above action, by its atWrney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 204 MOUNTAIN VIEW ROADMOUNT HOLLY SPRINGS~ PA 17065 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAVID E. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 KELLY L. CLUCK 1944 B FRY LOOP AVENUE CARLISLE, PA 17013-4601 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. Name and address of thc last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the proper~y: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If addross cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 Domastie Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to ~ .rn falsific/~on to, authorities. August 14, 2001 ~ ~~'~,~l~~''''''-'-~ ~'~ t roey for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST BANK F/K/A CRESTAR BANK CUMBERLAND COUNTY No.01-3316 CIVIL TERM DEFENDANT(S) DAVID E. CLUCK KELLY L. CLUCK Type of Action - Notice of Sherlll~s Sale SERVE DAVID E. CLUCK AT 204 MOUNTAIN VIEW ROAD Sale Date: DECEMBER 5, 2001 MOUNT HOLLY SPRINGS, PA 17065 SERVED Served and made lmown to ~-¥?' "~ ~' 01~C1' .Defen~n, ont~ ~ ~yof ~r~.200!, of P~ylv~, ~ the ~er d~scfi~d below: ~Adult r~ly ~er with whom Defen~nt(s) ~side(s). Relations~p is ~O~ ~ Adult ~ charge ofDef~n~ngs)'s ~sidence who ~ to give name or ~latio~p. ~ M~g~/Cl~k of place of Io~g in which ~fend~s) ~si~(s). Agent or ~n m c~ge of De~n~s)'s o~ce or ~1 pl~e of ~ess. an officer of ~id Defe~s)'s co~ny. Other: Description: Age~ Height~ Wei~t ~ ~ce ~ Sex a ~e ~d co.ct c~y of ~ Notice of Sh~s S~e ~ ~ ~ ~ ~ fo~ ~re~ issued ~ ~e cap~o~d case on &e ~te ~ at · e a~ss indicated a~ve. [ N~ml S~l I ~ a ~t, ~m~ ~ [ Sworn to ~ sub 'bed G~ ~m, Fmn~ln oelo~t~s.~oay ; ..... '~ ' ' ~ ~ I ot , 00 . / '"- ........ ~ U ~ t~~ NOTSER~D On ~l~ _ _ ~/of ,2~ at o'clock __.~, Defen~m NOT ~UND ~ca~e: ___ Moved ___ U~o~ No ~wer __ Vac~t O&er: Sworn m ~d befo~ n~ &is ._ ~y of ,200 _. No~: By: Attorney for Plsin~ff Frank F~er~ Esqui~ - I~. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia. PA 19103 Ab'IqDAVIT OF SERVICE PLAINTIFF. SUNTRUST BANK F/FdA CRESTAR BANK CUMBERLAND COUNTY No.01-3316 CIVIL TERM DEFENDANT(S) DAVID E. CLUCK KELLY L, CLUCK Type of Action - Notice of Sheriff's Sale SERVE KELLY L. CLUCK AT 1944 B FRY LOOP AVENUE Sale Date: DECEMBER S, 2001 CARLISLE, PA 17013-4001 SERVED Se edand .de o K Ill , c1 ¢ ,De,en .n,,oo e at O_J__O_~'Yf,o'clockiiLm.,at .Co onwealth of Pe~ylvania, ~ the ~er described ~low: ~fen~t ~nally ~ed. Adult fa~ly ~mbeF with whom ~efendan~s) ~side(s). g~latiom~p is ~ ~ ~a b, ~m ,~ . ~ a~ ~ ~ Adult ~ chic of Dcfcndan~s)*s ~sidence who ~sed to give m~ ~ ~la~o~p. ~ Manager/Clerk of phcc of l~gmg ~ which DefenSes) reside(s). ~' ~ ~ ~ ~ v ~ ~ Agent or pe~n M c~e of Defen~n~s)'s o~ce or us~l place of b~ess. ~ o~cer of said De~n~s)'s co.any. O~er: Description: Age ~ ~ HeiSt ~/d Weight /6~ Race ~ ~x ~ O~er I, ~ l a~' ~' ' ~' (~] i ~ , a ~emt ~ul~ ~Mg duly sworn accoM~ m law, ~e and sram t~t I p~o~lly ~ed a ~ ~d co.ct copy of~ Nofi~ of ShefiWs Sale in ~ ~nn~ ~ set b~ ~ in~ M ~ capfio~d c~e on the ~ and at · e a~ss i~ica~ a~ve. '~ NOT SER~D On the ~ ~y of ,2~, at ~ o'cl~k ~.~, Def~t NOT FO~D b~a~e: ~ ~ove~ ..... ~~ No ~wer ~ Vacant Other: S~ ~ a~t subscribed before me ~ts _ ~y of ,200 _. No~: By: Atto~ for Plaintiff Frank Federmn, Esquire - 1~. No. 12248 One Penn Center at Suburban Station 1617 John F. ~nn~y Boul~a~, Suite 14~ Philadelphla, PA 191~1814 (21S) S~-~00 SUNTRUST BANK F~K/A CRESTAR BANK : CUMBERLAND COUNTY Plaintiff, : v. : No. 01-3316 CIVIL TERM : DAVID E. CLUCK : KELLY L. CLUCK : Defendant(s). : August 14, 2001 TO: DAVID E. CLUCK KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD 1944 B FRY LOOP AVENUE MOUNT HOLLY SPRINGS, PA 17065 CARLISLE, PA 17013-4601 **THIS FIRM IS A DEBT COLLECTOR A'I-FEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 204 MOUNTAIN VIEW ROADMOUNT HOLLY SPRINGS, PA 17065is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by SUNTRUST BANK F/K/A CRESTAR BANK (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215~ 563=7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your dghts. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLAC~.- 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215~ 563-7000. 2. You may be able to petition the Cour~ to set aside the sale if the bid price was grossly inadequate compa~d to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin tan (10) days after the distribution is filed. 7. You may also hav.e, other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALI. THAT CI:RTAIN r. ract of land Situate in the Town~hip of Dick~,~on, County of Cumberland, and Commonwealth of Pennsylvania. being more particularly bounded and described as follows, to wit: ' BEGINNING at a point in the centerline of Mt. View Road (T-474), said point marking the corm'noo point of adjoiner of Lots #3 and #4. on the hereinafter mentioned nlan of subdivision with the centerline of said roadway; thence departing from ~he cen£erline of Mr.'View Road, ;md extendm!I along Lot #3. North eighty-eight (81) degrees three (03) minutes fort-v-cwo (42) seconds West, throilgb an iron pin set on the Westernmost dedicated righ£-of-wav line o} .,'v[t. View Road, a distance of twenty-five and no hundredths (2.f.00) fee[ from the origin ~'f th/s call, for a total distance of six hundred oinety-nine and ninety-two hundredths (699.92) /'eel to an iron pin set at lands ~mw or formerly of William McCoy; thence extending along lands now or formerly of William McCoy, North six (6) degrees thirty-five (35) minutes forty-one (41) seconds £as~, a for a distance of one hundred fifty ',nd forty-five hundredths (150.45) feet to an iron pm set at Lot ,~ on the hcre/~after mentioned plan of subdivision; thence extending along Lot #5. South eight-eight (is) degrees three (03) ~i,~utcs for~y-two (,~2) seconds East. through an iron pin set on ae Westernmost dedicated right-of, way line of Mt. View Road, a distance of twenty-five and no hundredths (25.00) feet from the termimla of this call, for a total distance of six hu. ndred ninety-one and tWenty hundredrl~s (691.20) feet to a point in the centerline of Mt. View Road; thence extending in and through the centerline of Mt. View Road by an arc or curve to the left having a radius of four thousand seventy-two and thirO-sLl hundredths (4,072.~6) feet, for an arc distance of one hundred fifty and no hundredths (150.00) feet to a point in the centerline of Mt. View Road at Lot #3, said point marking the place of begin~i,~. CONTAINING 2.'t067 acres to the dedicated right-of-way line and 2.~92_8 acres to the centerline of Mt. View Road, and being desigr~ted as Lot #4 on a final plan of snbdivi-~ion of White Taft Meadows prepared for Kenneth Lin, Inc. by Stanley larmolenko, Registered Surveyor, dated October 21, 1991, and recorded in ~he Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 6J, at page 136. Tax Parcel # 08-12-0338-104 TITLE TO SAID PREM1SE-q IS VE-~TI~D 1~ 'David 1~. Cluck and Kelly L. Cluck, husband and wife by Deed from Kenneth Lin, Inc. dated 9/21/9'I, recorded 9/28/9'1, in Deed Book 0-]6, Page '14. FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563=7000 SUNTRUST BANK F/KJA CRESTAR BANK : : CUMBERLAND COUNTY Plaintiff, : COURT OF COMMON PLEAS : CIVIL DIVISION DAVID E. CLUCK : KELLY L. CLUCK : NO. 01..3316 CIVIL TERM : Defendant(s). : CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. r t ~intiff SALE DATE: DECEMBER 5, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUNTRUST BANK F/FdA CRESTAR BANK No.: 01-3316 CIVIL TERM VS. DAVID E. CLUCK KELLY L. CLUCK AFFIDAVIT PURSUANT TO RULE 3129,1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 40~ OF NOTICE OF SALE Plaintiffin the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 204 MOUNTAIN VIEW ROAD, MOUNT HOLLY SPRINGS, PA 17065. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. PostAl Service is attached November 30, 2001 ~ - CUmbERLAND COUNTY SUNTRUST BANK F/K/A CRESTAR BANK No.: 01-3316 CIVIL TERM VS. DAVID E. CLUCK KELLY L. CLUCK SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 2) Plaintiff in the above action, by its attorney, Frank Fed~m,an, Esquire, sets forth as of the date the Praccipe for the Writ of Execution was filed the following information concerning the real property located at 204 MOUNTAIN VIEW ROAD, MOUNT HOLLY SPRINGS, PA 17065: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUNTRUST BANK F/K/A CRESTAR BANK : : CUMBERLAND COUNTY Plaintiff, : v. : COURT OF COMMON PLEAS DAVID E. CLUCK : CIVIL DIVISION KELLY L. CLUCK : : NO. 01-3316 CIVIL TERM Defendant(s). : AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) SUNTRUST BANK F/K/A CRESTAR BANK. Plaintiffin the above action, by its attorney, FP~A. NK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 204 MOUNTAIN VIEW ROADMOUNT ltOLLY SPRINGS~ PA 17065 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAVID E. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 KELLY L. CLUCK 1944 B FRY LOOP AVENUE CARLISLE, PA i 7013-4601 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. Name and address of the last recorded bolder of every mortga§e of record: NAME LAST KNOWN ADDRESS (If address cannot be · reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST ICNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenan~Occupant 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland 13 North Hanover Street County. Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best ofmy personal knowledge or information and belief. I understand that false statements herein are made subject to the Penalties ° f 18 Pa' C'S' Sec' 4904 relating t° 7~°~,falsifi~n:;~ auth°rities'~/ ~./{f., DATE ~ Ft~ANI~ FEDER~M~, ESQUIRE AR~mey for Plailiff FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 A'I~ORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 COURT OF COMMON PLEAS (21~) 563-7000 CIVIL DIVISION SUNTRUST BANK F/K/A CRESTAR BANK 1001 SEMMERS AVENUE RICI{MOND, VA 23224 v. NO. 01-3316 CIVIL TERM DAVID E. CLUCK KELLY L. CLUCK CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark judgment in the above captioned mawr "Satisfied" ul~n payment of your costs only. FRA/qK FEOERI~AN, ESQUIRE December ~, 2001 Suntrust Bank f/k/a Crostar Bank In The Court of Common Pleas of VS Cumberland County, Pennsylvania David E. Cluck Writ No. 2001-3316 Civil Term Kelly L. Cluck R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.50 Share of Bills 25.66 Mileage 11.05 Levy 15.00 Advertising 15.00 Certified Mail ' 1.26 Poundage 2143.20 Postpone Sale Law Journal 446.75 Patriot News 318.99 $3053.41 paid by attorney Sworn and subscribed to before me So Answers: This I~'~day of R. Thomas Kline, Sheriff 2OOl, Prothonotary Real Estate~D~puty ~--~. #q~3o SUNTRUST BANK F/K/A CRESTAR BANK : : CUMBERLAND COUNTY Plaintiff, : v. : COURT OF COMMON PLEAS DAVID E. CLUCK : CIVIL DIVISION KELLY L. CLUCK : : NO. 01-3316 CIVIL TERM Defendant(s). : AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) SUNTRUST BANK F/K/A CRESTAR BANK, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 204 MOUNTAIN VIEW ROADMOUNT HOLLY SPRINGS~ PA 17065 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, ploase so indicate.) ~- - DAVID E. CLUCK 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 ~'! '~ KELLY L. CLUCK 1944 B FRY LOOP AVENUE CARLISLE, PA 17013-4601 ~'; i c'~.. ~'~' 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real proper~y m be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. Name and address of the last recorded holder of every mortgage of record: NAME . LAST KNOWN ADDRESS (IfPs cannot be reasonably ascertained, please so indicate.) None $. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in thc pwperty and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenunt/Oecupant . 204 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Departmont of Welfare Harrbburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to u~ ro falsification to, authorities. August 14, 2001 / ~'N DATE kNK FEDERal;ESQUIRE t mey forPlailiff SUNTRUST BANK F/K/A CRESTAR BANK : CUMBERLAND COUNTY Plaintiff, : v. : No. 01-3316 CIVIL TERM DAVID E. CLUCK : .~:- KELLY L. CLUCK :- : I-,),: .-~ Defendant(s). : ; - '- August 14, 2001 "~:....' -'..~. ... ...' :' TO: DAVID E. CLUCK KELLY L. CLUCK 204 MOUNTAIN VIEW ROAD 1944 B FRY LOOP AVENUE MOUNT HOLLY SPRINGS, PA 17065 CARLISLE, PA 17013-4601 *"THIS FIR/vi IS A DEBT COLLECTOR ATTEMI~TING TO COLLECT A DEBT AND ANY INFORIviATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEI¥'ED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN Al 1 ~MPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.'* Your house (real estate) at 204 MOUNTAIN VIEW ROADMOUNT HOLLY SPRINGS, PA 17065is scheduled to be sold at the Sheriffs Sale on DECEMBER $, 2001 at 10:00 mm. in lhe Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by SUNTRUST BANK F/IGA CRESTAR BANK (the mortgagee) against you. If the SherifFs sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payraents, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert'your r~hts. The sooner you contact ouc, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF*S SALE DOES TAKE PLACE. 1. If the Sherif£s Sale is not stopped, your property will be sold to thc highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifLhe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (masons why the proposed distribution is wrong) are filed with the Shefiffwithin ten (10) days after the distribution is filed. 7. You may also have. other fights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOLTR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tr..ct of land Situate in the Township of Dtck/uson, County of Cumberland, and Cornmoowealth of Pennsylvania, being, more particularly bounded and described as follows, to wit: ' BEGINNING at a point in the ccnterline of Mt. View Road (T--~?~.), said point marking the common point of ."djoiner of Lots #3 a,~,~ #4 on thc hereinafter mentioned plan of subdivision with the centcr[inc of said roadway; thc-ncc depa,,~ing from the centerllne of ~It. 'v'iew extending ~long Lot #.3, Nor~ eighty-eight (SS) degrees th.tee (03) minutes forty-two (J-2) se~.onds West. t~'o~lgh an iron pin set on the Westernrr~ost dedicated right-of-way line o~ ,.'v[t. View Road, a distance of twenty-five and no htmdredth$ (25.00) feet from the origin o'f r~is c~.ll, for a total distance of stx hundred r~J-'~et'~-nine and mnety-two handredth~ (699.~2) feet lands now or formerly of William McCoy; ~ence extending along !and~ now or fon'nerly of Will[~.m ,~tcCoy, Nor~ si.-'< (6) de~ees thirty-five (~5) minutes fo~ty-one (~1) seconds dior. artec of one hundred fifty ~nd forty-five hundredths (150.~.5) feet to an iron pm set at Lo~ #~ on thc hereinafter mentioned plan of subdivision; thence extending along Lot #5, South eighty-eight (88) degrees three (03) minutes fOl'ty-FiVO (42) secon~ Ea_~t, through an iron pin set on the Westernmost dedicated right-of-way line of Mt. View Road, a distance of twenq,-Hve .,~H no hundredths (25.00) feet from the terrnl.us of th/s call, for a total distance of six hundred niaery-one and ~venty hundredths (691.20) feet to a point in the centerline of in ~d through the centerline of Mt. View Road by an arc or curve to the left having a ractius of four r~ousand seventy-two and thinJ-si.x hundredths (4,072,36) feet, for an arc d~s~ hundred fifty, and no hundredths ~n ,~,~ ~ ....... 'ance of one ~ .... .,-,~ ~==~ ~o a point m me centerline of Mt. View Road at Lot #3, said point marking the place of CONTA.rNING 2.306? acres to the dedicated risht-of-way line and 2.3928 acres m the centerline of Mt. View Road, and being desi?~.ted as Lot #4 on = Final plan of subdivision of White Taft Meadows prepared for Kenneth Lin, Inc. by Stanley larmolenko, Registered Surveyor, dated October 2~, 1991, and recorded in the Office of the Recorder of Deeds in ~nd for Cumberland County, Pennsylvania in Plan Book 6.~, at page 136, Tax P'~r¢=l # TITL~ TO SAID PRi:-~HSES IS VESTED ][],f 'David E. Cluck and Kelly L. Cluck, husband and wife by Deed from Kenneth Lin, ~nc. dated 9/21/93, recorded 9/28/93, in Deed Book 0-]6, Page '44. WRIT OF EXECUTION'II'nd/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-3316 ClVl[.x,~ Tgt~'[ COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF ~nh~'l~nd COUNTY: TO satisfy Ihe debt. interest and costs due Suntrust Bank F/K/A Crestar Bank PLAINTIFF(S) lmm David E. Cluck. 204 Mc~mtai~ View Road. Mt Hnllv SDrinc~w PA 17065 Kelly L C]~,rk. 1944 B. Pry Lo~p_ Arum,-. Car3~]., PA 17013-4601 DEFENDANT(S) (1) You are directed to levy upon the pmpedy of the defendant(s) and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of __ .GARN SHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) Ihe garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any pmpariy of the defendant(s) or otherwise disposing thereof; (3) If PmpariY of Ihe defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you am directed to notify hin'Vher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 105,187.46 L.L. _50.(' f£~,, 7-17-01 to 12-5-01 (per diem $17.29) Interes! ~.~ ,~-, o,~ Due Prothy l_nn ~-,=~,.~ C~-~~ cc~to Atty's Comm % Other Costs Atty Paid 119.72 Plaintiff Paid Date: Prothormtar~. Civil Divis~n REQUESTING PAR~: Name ~ ~ress: ~e ~ C~ at ~ Stat~= ~&te 1400 Telep~ne: ~[5-563-7000 Supreme Cou~ ~D No. REAL ESTATE SALE No. I~ 0il Sept. ~o, 2oo~ tbesheMfflevieduPontlm0mefldan~ Interest in the real property situated in Cumberland County, Pa., known and numbeflldss: 204 ~ou.tain vie. Mt. Holly spring,lid moro fui{:' Jescribed on Exllibit "A" flkld with this writ and by this reference incorporated Ilellin. r)at(]: Sept. 10, 2001 By: Re~l~g tare Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 12, 19, 26, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Wi-l*. No. ~0ol-a~la Civil Suntrust Bank f/k/a Ro M. Morgenthal, Editor Crestar Bank Oavid ~.. Cluck anO SWORN TO AND SUBSCRIBED before me this ~(elly L. Cluck 26 day of~ Atty.: Frank Federman ALL THAT CERTAIN tract of land monwealth of Pennsylvania, being more particularly bounded and de- scribed as follows, to wit: - BEGINNING at a point In the Cafll~, B~:r:;., '.';.' ...... -.,.:,~ ,.:.:ar..,'y_ _ I ~euterl~e of Mt. ViM ~oad ~r-474). said point marketing the common point of adJoiner of Lots #3 and #4 on the herelnalter menUoned plan of subdivision with /he ceuterllne of said roadway: thence departing from the centerline of Mt. View Road. and extending along Lot #3, THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1~29 Commonwealth of Pennsylvania, County of Dauphin) ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with Its principal office and place of business at 812 to 818 Market Street, In the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The ~ and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly es pdntad and published in their regular daily and/or Sunday/Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company Is interested In the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pumuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the sai~Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County/q~auphl/K In Miscellaneous Book "M", Volume 14, Page 317. PURLIC TION ........................ 5.....]. ............................................................... COPY Sw~to ana~ubo,.,;'--...~ '-_-f_~'- r.q :hr 10th da~f Nl:~llmber 2001 A.D. S A L E #13 'P"'"k~laaxeltma~rd~)lqlbmmission'- expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERI.,4ND COUNTY COURII'H(XJSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 317.49 Probating same Notary Fee(s) $ 1.50 Total $ 318.99 Publisher'8 Receipt for Advertising Cost The Patriot News Co., publisher of ~and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.