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HomeMy WebLinkAbout02-1375IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW FIRST UNION NATIONAL BANK ) Plaintiffs, ) Vs. ) ROBERT KLICK and GRETCHEN KLICK,) husband and wife, ) Defendants ) NO. 0? - IS l t?????zy,1 ACTION IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFFS. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 PHONE: (717) 249-3166 800-990-9108 SOMACH & WESTER 1A BY: XA ? Richtfd Brent Sbm'ach, Escjuire Attorney I.D. No. 19521 Attorney for Plaintiffs 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW FIRST UNION NATIONAL BANK, ) Plaintiff, ) VS. ) ROBERT KLICK and GRETCHEN KLICK,) husband and wife, ) Defendants. ) NO. C>.';?- 13 7S ACTION IN MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, First Union National Bank, is a national banking association organized and existing under the laws of the United States with a mailing address of P.O. Box 52117, Jacksonville, Florida 32201.. 2. Defendants, Robert Klick and Gretchen Klick, husband and wife, are adult individuals residing at 415 Independence Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On October 25, 1999, Defendants executed a certain Negotiable Promissory Note (hereinafter "Note") and Mortgage, true and correct copies of which are attached hereto and incorporated herein by reference as Exhibits "A" and "B," respectively. Said Note and Mortgage provide, inter alia, that Defendants, as Mortgagors, are obligated to pay Plaintiff, as Mortgagee, the just sum of $182,225.00, together with interest thereon at a variable rate. 4. The aforesaid Mortgage between Plaintiff and Defendants is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book Volume 1582 Page 289, et seq. and has not been assigned. 5. The real estate subject to the aforesaid Mortgage is located in Township of Middlesex, County of Cumberland, with an address of 7899 Wertzville Road, Carlisle, Pennsylvania 17013 (Tax Parcel No. 21-12-2958-013) (hereinafter the "Subject Premises") and is more formally described in the said Deed attached hereto and incorporated herein by reference as Exhibit "C." 6. Defendants presently are the Mortgagors and real owners of record of the Subject Premises. 7. Defendants are in default of the provisions set forth in the aforesaid Note and Mortgage, in that Defendants have failed to make the required monthly payments of principal and interest due for the months of October 2001 and all subsequent months thereto. 8. The underlying obligation is not a residential mortgage for $50,000.00 or less, therefore, the notice requirement of 41 P.S. § 403 is not applicable. 9. The Subject Premises securing the aforementioned Mortgage is not the principal residence of the Defendants, therefore, the notice provision of 35 P.S. § 1680.402c is not applicable. 10. An itemized statement of all amounts due and owing Plaintiff by Defendants under the aforesaid Note and Mortgage, as of March 13, 2002, is as follows: Principal Balance $180,515.24 Delinquent Interest 6,316.09 Late Charges 88.00 Property Valuation 75.00 Misc. Foreclosure Expenses 50.00 Attorney's Fees 1.250.00 TOTAL $188,294.33 11. The attorney's fees claimed herein are reasonable, considering the time and labor involved in prosecuting and completing the within action, the skills requisite to conduct such action, and the customary charges in the Commonwealth of Pennsylvania for similar legal services. 12. Defendants are further in default for failing to pay real estate taxes due and owing for tax year 2001 School on the Subject Premises as and when due. A true and correct copy of the tax certifications from the Tax Claim Bureau of the County of Cumberland is attached hereto and incorporated herein by reference as Exhibit "D." WHEREFORE, Plaintiff, First Union National Bank, demands that judgment in mortgage foreclosure be entered in its behalf and against Defendants, Robert Klick and Gretchen Klick, husband and wife, as follows: (a) in the amount of $188,294.33 and costs of this suit, as well as continuing interest accruing at a variable rate, currently accruing at the rate of $31.79 per diem, insurance and taxes which may be paid by Plaintiff in accordance with the Note and Mortgage, arising subsequent to March 13, 2002, and continuing through the entry of judgment in mortgage foreclosure and Sheriffs Sale of the Subject Premises and distribution of proceeds derived therefrom; and (b) foreclosure and sale of the Subject Premises as described in "C." SOMACH & WESTER BY: Attorney for Plaintiff Attorney I.D. No. 19521 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 03/06/2002 14:08 FAX 610 432 5772 LAW OFFICE, 191005 Fu?sT Ur?+ia? I verify that I, M i? c NeC eci et? isTofi?o?e?-?tl.e CwG1.=am saw-., N GiT, o N a L _ .$anlL T r-al n rfe-L7'9 as ??e?af..?? •A Nrw jasay t I make this verification on its behalf being authorized to do so; and that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities, DATE: M A IZGN 8 ZGD L :c ?shDt?J Title: F6?LUW Exhibit A . NECATIAAL6 PROM! r l??l???lY?aT BIQ 01 LOC: eLN TP: 88 (FLrsd of W :iabie•tat 816M7656 ON RC: 0000593 017300ora0 bam:10J26f9a Aw No p(- 6a©?670Se) s 182225.00 CMITOIL MST UNION NATIONALBANx. P.O. sox 43092 JACKSONVILLS, n 322U2.6mt2 BORROWSR(S)MOBERT KLICK 7999 VVERT IUA no CANLISM PA 17013 FOR VALUE RECEIV?• I des Bonower (whieb Amax everyone wbo says bdow as a bwmww. j0(ndy and ww"Hy), pamue WP" FIRST UNION NATIONAL BANK. or Orft. dr POWIP d =am of mix load a MW above (the Awamt Fhtaacad. pbs dae Wpod fimmu dwSt, if miT, u *Sek ed is the h-^••+•••••••• OfAmnant FinamatdL tmagnWr Wig%loons from doe dad of ahis NOW 0a mm ahpabd p 6spol bakdce ar the lawea raic for a fwd or vmable Lam Wan discload belaw wool fAy pad -I." 'arr.' and 'my' mfer to BmtaowWs) wbk •y6w add "yw rdw to F)RST UNION NATIONAL BANK trmdaamd, this is a 0rcd ram loan dad my lmaat Ram s X if ad=mgt dais is a vanabk tale load and my iwW hmlut Rate is wbieb is 1w to the Wan Suces Jemtm( (WSJ) "ftuc Rats' 5.52 IAe haoa lmeresl Ram is aww w d asfollows: Pmnc Ram 4f asI %Phu 740 P&Q=Sv pad" ANNUAL PERCP.NTAGi FINANC[ CBARGI: AawM rduumd lh awes Taal vflays ML IW RAM TarwWa• arY. r. m.JeaN •[4.ra PnAaaLawR day r•mt•YabMp"d atawl lY a.t day wA1 •P • r.rh .. .mWC aL.....e..e y.Pwnu•• rev.. ,tYafd•a 10.81 % S 217201.40 S 176228.00 122428.40 IluveYNaplameeawfaVuWneanaa8rao 0woMmanFnwcseI llwaamuftrau0n l---)10*=WwmiYnmm No" 049bo" sehWWe will nr• •n•. rwy.sp nrbr ,,..raq?• P?•,?A•.r• rw.,ir 0,.4.. 240 $1750.11 N 12/13155 S s s v2d" Rote. If MY WM as hAMM above, has a variable ram, ary m urm n : any ipc can daft dm lose at m7 I= based a trwvancal of the WSJ Prime Rmr. W taserar ram will dos macm more than am eamdt momtb wd no Aare than 6 paaarage pmms during aloe tam of my loon a a da%Lm••^• of ISI& V my loan is W CO by a ptmgW dre0iag fa a ram V=W am add year, distlommes abom the vulabk m haw bad provided to me =dim X If i dilated, my I= has andaple pymeaR fa a tam of mon dwa 60 a awU Amy 6utease m my ug.=A Out wilt mmue the aamba Orp iywma ad may auras. mhc payment anoams. If my lomvwc for f IQ" fa IM moods m 12% and the hum Am waamd to 12-50% in daft ammb& my reoft pp mew woWJ ieraease by $7.30 beaammg wak my Simy-Fur pqn=. _ va0dtanad. my loon bu atahipk p wos fa a lam of _ If mdaate& my loan has a sityie PUm98L Any 60 MCAS or less. Any WCMM W my imata roe wilt (beraan m aw taint late TAU morose the AMC= Mom" the woodw of paywos tray loom went for due a MMUM. troy 1044 wen for $10.000 a M. for Sl0J= for 6e 4mmhsat L2%w d The mtacst ram 90 dW. Ind dry uunst dam mcMWd m 12.25% id hrcrased W LAM in three mombsl would bow W 20 days, thin my MW pommy w" woew by mom me sddraast pay- of $196 56. 54.40. Secawy. l am Inw a sa:muy mares W WA Saods or pmpem beets 3 4 I_ Other (dnarbc). PwAL rsTAT9 Mawal srcusing Darr Want wok you may also secure rots I"% COW my pn=gw dweaurg a houuhmd goods. Filimt Fed. 3 PrepaynenL If I PAY off early. I anyhow m par a Pena. and f will as be fabled m A RAW of WPM of the prepmd 8amnm CWrpe Laic charter If you rwmc any paymeams 10 days or move after The dtx dm. I spec w pay you a Ian chute of 3% of my p ymenl Aaumptlo0. If duo Icon is for me pmrcbaa of pmpaq used as my priadpbl dweuaag, mrowat buymo my pnmdpd dwtw q amat" ms me anaamda army imn 94 me arloxa tams I may, as my amum documtms for mW aeiatiooal mbnaadm .bau nompayma d, 4MWa, any reputed rMgmem m AM before the schxW d doe data vrAWeMo m refam b dad peWdca. DtpmlL Mae aaaud pesCemage ram dots dot take ima acco m any requutd deposes wmsavM Pp 146 RPaawm,Le, aors-aaL *952S0021170 before the scbxWW doe lout, add prepayment I uudetsaW thatoWn I& and aedtl dwbehry iaswmm ate dot, qw0 m pa da lmm It1 want aay of obese tmatmaace cowaaaa I amt be tare this the iaantance eowerap I wantis awcoced, test the amaacdthe pcermum is ow W mmdthnt 1 have aged below. Jf t aequaai aedmi life imucaos crag" afthwiy ttuuraoct. I bare rite mda Io reaaod tW iaaamma polary or anmcase ottaxtram by hiving watttam wdce m 6e cam m rmuyway, wtthia IS drys tom the dma I ncerved the policy or centAmr. The Urmandror wmmaat dairy bmmnue I request Ism follows. . INSURE11 TYPE PRSdBUM TERM Lat VISABILITY 01 02 IN Z40S. COV TAGS MONTHLY ACKETIT CmrRtlYs S f clam[ 4dwalbyuh>vWUa ?_ CrtdaDiubmcy f naumumo(60memhlybemAm e If this loan IS secured. l may abeam property insummas tram mywt 1 choose who is a0a pAbk to you I requess amverageM eheci ad for the pemarmha shown above flpwnnt d hauaed al I wpm covaaage(s) chocked for the premiums shown above Smyrmme of lasnued a2 PROPERTY ASSICUMV To some popwas of this Note 1 rant you a seswiry mtaeA m the collateral deser" below. or is the Umpp as iodsamd by the rime below or on Schedule A. plus all addtuotu, replms"M at accessions to. and pmaeds d the wllasual. That cous ew will a cif[ mp other laws with you, now of in the Amore odors the coumad a Used as a pnacipal dwdbop or doalebold 111061. Any wddiri0a1 abawal is Rsw4 a %be amebed Sebcdole A. #Ad property loov4 at nu weargvastt int. CAausta n 17013 AstoweAdlydesafbedm dead imaawag ; If m6cU41(we) 40IM a yon to d" allamomw due tram my (our) dWA account as pcmdcd in my (our) applioamn, VANUALIZ RATE RsTUEST SATT CHANGEW Ir My loan is a variable aka IGM I u de tmod ad apw"you will aglan tha number and armada of my payments, the mores rata, the tam to mammy and caber nlervam corms of my law to wcmdaaea web yaw Varabk,raw wasaw Icsi ft procedums ad p agia s, as they miry Chopp: from am to tme, the VMS of which ate desaAad boat My imrearme will inuase or dectaw in an 1-61 -- equal to the dunce m tae WSJ Prune Rat but art more sham 6 edge poims "ma thetas dairy ban, WSJ Prima Ron a amanueed amehaoged Am a one m mare 1 uodaaamd that dart am u tot mpraaond oc Imendadia be the loweu cr am favaxable rare dimmer[ of lmal by ynu u amy dyour besrowea My i- ruse will be tha nnu lobe mun6erdpamem- pmrAae"cizedathetrawdadsNara,pasWslPumaRae,aitmay chanmpAwemmatetime Wwant mu naryartchmpemanathanamsmmmonth daiogthaetadayhaswhich will rwcmnutheAranbylochcalemdar a mhad wall be based nu WSJ "?race Rue pahhthd a the 2Sds day dare ptraatalewAsrmoats Miriam than we ate a pmbhshe4 you will se du bights me a>d WSJ Pox Rime If me 236 101 an a dry whey She WSJ Prime Rau at not pabusbot me WSJ Prim[ Rota will be the roll puhihabed the leu rimy prior to the 23m. Changes in Me Lber eto time will be Subject m any maximum rate Imed L tkle Nate mad wUl not exceed 11,V& If Not amount d way livnumt does not Mall imemt dui, you wall owes the u0pald bmaast Rom future PLYmmta If the pawdpal -mows of my Ilona don not exceed SJUAW ad Inducies a prepW finsoce charge. I aye that an mddstmiod No of tae peinelpl unatts of the loo, up in a maauorm 6530, shall be darted, due mW payable on eaecwim of thls time. VAP4AX .E )LATE PAYAIENT CHANGES: If my loan has an original tam 660 maths or lea, you will exarnd the number of my payments at a ibe"dare d my Axial scli d pnymcnt the ainim d dot whndtded pamem willnor pry the ouisa I . prlmapal hot== and uopmd imaesc You will [mama: m bill me for my paynew as loagm any Wlam rtamia unpad a my lea. If my teat u a variable ate tom with an odfl W mm of more wan 60 mmti;.she aroma of my pymem tarry change in the blu caleaft mark and every WA cakodw month tbern0ar prior in each payment thaoge chine yon will Walae a paysm eamooaned to lay the outstanding pmeilal balmice mad ay mgaid Woo u eke urea amen traces am dmutg the rmmmming Term of do lam My laymen will never iocreena man than 2S% of rW previously calculated Macar it an any layman cbi dam 60 mmtkr or le% mum an my Iraq Saul laymen[ thaw WW be considered a tam Ash paymmm dange. At dot Mal paryaenc c>3napa, if money, you will Increase my payaast up in 25% of my previaa paymart and yes will aomdate to (till on for my payment a long as my baleaee imams impaid a my loon, BALLOON NOTE PROVISIONS: If wry payment Id WWI ads Pmmismy Note UWkwes a bailooa Ma m to ample payamm sdwdmk at the and of do loco arm which u lager than any of the eawa sdaWuled payments) a the Aid payment, to Atlowraa pmWeow apply. It uw I m lag a Axel imata am my payment lotto and way loan earmeias may cbaage tha ammo d s y Anance dwa t wbirh w14 be m4ocied in my Anti hadow payment It MY WO has a vwmablr cotes ate with a mm of 60 um M or less, my pmymura lu4ts ro4 ay Imn ergmsns or mum ate chmga ma) ehmaae She amount dray, gum" large which well be u0eae4 a my list balloon pymcat. It my loan ha a van" momaraw adth a Win of in= than 60 Moats, tae acmwm of my nymu payment may ekattplr mine 6ls talatdar taomh amt every 6016 tcYtadar mamththeeedlar. ksy aguta payment will never toemw mate than 25% dahePreviously cdcalaud payment It an my Mmem, change date. 60 made or lees avmuman my Was. and Miami change will be congdaed as the Marl paymem change. Howeva, mar the Ara payment change. my paypam hobo awl two, lea emeaAau at smarm rate ddvAa may champp the armouat of my Amace charge *hub will be redacted in nq Awl bellow payment. Mlmatrrr IM and R asoaoraar au1lw4 aaggigooataae egag0oalrfe INSURANCE' Itl hevr grunt YOU% sakvray mtaen S AIRY =%.W& 1 esWmo heap phyacal diumv tas rmun cavamg km m damage m WW cobaRrad for rba Urns Or de 100. W 111010egen must tuber OF pbysRat dxWNW, OWWOq( datwtc OASM by Cool(s). if you ragout mcb Oovetge. Aft knsura0tt sig11 he taf>aataad 12 the amomn aid Err Iha ptitodt that Nee tego*" if 164 m emlmin adegow coverage 4s described dove. you 10117, a tuber your option or as rogkdetd by law. awun covetata m pow" your non m aamdaca With cdw Paakmioe of the, Note If CQUUMU is lost, damaged or da11oy4 I apes as you may use nay Warance tedemea arha to repay an cougerst at m "VW a to ug deb. t #San TO seta she ptoortas of ea insurance m You as dte extent of the debt I own and strm as dte 12111101100 a ug"M asr Pro reek due*. I ayrs slut you bas an Wevocame power or sommy to fib pants or I ma and aoy"S cue Wmauy m obaun the, aarsace pameds in my ague Lama mamp or Anwwo n of conned wall urn reaam ant: from area U%btha under the Now SECUIUTY AG"LMSNT.111 have pvsa yen a actual ane:at m any mWaml 1 pbOte u seadgr far 1gQX= of 1111100 ON co0awal wbwb tacladr any atemmattcs, all ipmem repl0cesmat pas mmWd 12 the mllmer-L as scommat to ate collaasd, and she pram, inks oreoltaaal Epp secgda raeten auo coves: (q n11smakwe ptctnumns ad tabs SUM%r charm (3) proceeds of nay uuvamc pabou or sundae covstate m the wUamaL and (a) proceeds of as immoom pd, an aW RA or hmm wbwb are baaood m ate Nose. 131 aad'iOW l ;Ivi YOU a secwra mesa m NOW eollattd (OdW 60 bonahald tmdr or psmc W dwdbw wbteh SWUM lay aabet Was f have wah)ou, mw or at ere bamt you atpeeasty wave n aW uej for der two my security saran is c0Wua11 use as my pnmpd dwelling ad household goods for my oaer z=saag or brace v mmanaaa Wmesa un If I arm you a security immest In s cma m colbuxal l agree to 4diva immediately to YOU. bdy adorma, as asttlitmes for siot,es nprnomg any stock mvuleaa as stock spilt-up or a nda m abrat6,. I badkee pWp and agree m debva m you. upon desmd. aama" caUatral sa•dutory to Ym ad a namduce w,mab margla ragwmenom EVENTS OF DEFAULT; l wi)1 be IS A-%-h ads as oat daay of All folWsnol( ftW Lappa• (f) if l Ad m make say paymem or comply with my of td terms ata us Non or try mbar Nan with you raw or 12 the limas; (3) If I make are, taHO. mamoss or andeadooy repress m las or wa xaW.. ()) of I an, bxokoe involved in any bmk nJecy offtW*Amy preatluyl (4) dI am a 0mpoae bacrawa ad wSa acted or as Arm dis duomK or (s) it I mice at fail m Rita eery news commenag dos Nan or me ceRaed which sensombly crosa you to dam youtpelf or ape adlsaal msakaue m your pkOSpectt far pammtt Implved at (6) if I ful to pafae12 soy WvW of pyewlrch seems payment of ibis Now. or M d I fat to fiffm& U=CW Immcm or adw f 11mcial aformmmn manably re"exed by you REM ICS ON DEFAULT: If I AAW,12 any Meer above wa)s, you pave elm A& m dgcbm do estate mpad debt mim 6dely ate am POyabIC wuhm S"mt me nay ndvatx mute If 1 ado as paymm after yon have daambd ptap,em of the ante babat am, my payment will be ar-Awd to aha tmpad pram.. My deb: wA be the unpaid ba am of dw amount !mama. plus acermd dance c1mrSM mp d law Carta, tbltee0au casM and all odor mount= do Pan Wda 160 Note, Ym "U alto have oast :t" and remedies peevded by Ise, mdSWS at ngkt m the nmmadme peumWn r# sbe calk", wlahom mace or tent to bad process. R dmeanayPC230"'POYCraofMine 11allaUIUSILyinareatakeaspreparewahmabAftandstore itfmate if ft bee proceeds otaalaewl atd do sac pay my mdebtabics; m fia I will pay you ao di WCmg, plus interest a do aomw Ist en gram tab) pad 12 fad Itabis Ina n secured by real emu, Yas have ik sight m feseclme m the rent) psopma and admca your rtypa ere paw,ded m the Mortgage McNutt this IOU ATMRNEY'S FEES'. If you bbe an arwneym CCU= who I o%s, I agree W pay yaw vmmout samoty'sfm plus court aorta RETURNED PAYMENT CHECK FEE': If 1 mats a paymem by check or mberaoa (-rLee?') and me cork as remmed mpsid for not reasoq 1 epee m pp a hate a<Sts d se Ace ar11okoa of the chat a 53000 err laR SIO dthe Am aeimd11 a SJ001.5I00.00, sad d the fan amaua et S]tW Ol or morn, the waned dints kaurgewilt be the gtetm orS%d6e Drcn aankmr of the Check m 540.00, Std rrb11ord e)trcit fa may be added to as aanaadJ11g pmctpa) W ome boomsder, and wow i>actm at u age proud" is aim mte, wtthdm notice OTHER PROVISIONS: F.sch borrower, tocdudmt co moo, co-scpk 4 aoay. eadamer at ttarmUr, mdMdumUy ad )omay. wave imescamaks dansad. grotto m uoras of protct anal apace as Ym aMaema11dl11g payraea ns iWU altbe ermte atttnmdmt bdaoCc been ee of deAulr at fo• my other Masan, Yen test aaepe dam at paw4 pepanam C+ea d sty ate tog"'PYmem a bdl' Nkhoa losing my of 71211 ntrhu. Ryan repave MY payusem 10 409 m main aft the doe da>R l agree to p W yon a Wt dirge or i% of my pgaMm. YON nay cxad" your Ville m UWff 08110 aq binds I b ere an deposit wok yon. II I psi Ws note m &U poor W expuaimk oftwa Birds of the sehnduded ream I agree m pay a Wm caodbaon fee of 5100.00 Tee i11formooa in ray ardg appliaaoa is tae ad compkke. Tors amt canons: se emcee agreement between us except, to the esaent a becoevn measay. tefcam, for fmtlta dews. u anode m Your vareabb Use cono,mer Ie>d12i procedures and propmes. as utaY ChOW from time TO time Any wawa or Chatr in ate rams of We Now coma be m wrgmt and sigma by yoe, No ad amps arc Wading. Tats Not D gava0td by opt awes o(Ibe Umbd Saw and FICIU t Yaw fob= to was apes prompt Mean of m ,doer my mher:i U SMU net be decreed a warier of any such ngbt at pnwdege I uodastad tba ear paymmen halm and any )oan "Women may also change. she ameam of Innate charge ad teal paymmats ducbMd an du boat of glue Note. Thus loan tam" be asskgaed by nay paw pan At SAY, Ouaaomr of you tequmc ab ta1111ovtny assi,tg one of of relamg to de Iota dvU be dmaded by Wading ahassung macs awe CQW=W Mum= Rader Of do Anwnran A*=nma AURssuOke Any controversy tba it redbd to a eats same or is pan of a a see calm CbdL at sta. Qaemom of your request, be rekaod for 40MMO by arbdrraaoo u Pmvidd bee is A Judynea upon awa" l sky be cawed by any court Mvint jmudiala s Notmmhaandmg the procodnng badukg mbmdan pmvuwM 1. Guumnae or you tayr uo*y or esatree fatly. ebbs done. 12 eekguuwm wick ee during 114 a,bitra0on PraCeedi11t any pravnsioatt(arawUay tmtdia ufdudurg foreckaw and ale 0ratq OWIM al by Jull" m amyUdk*11 foscclONIZ, self bdpn saoq stuiclu m, g enuWme m cop segtwaakm pnwivanno of sere remedies don a" b" Ac pm,er of the abanew to gam sWada sememn. WFORMATION REPORTED TO CONSUMER REPORTING AGENCUSt Unaer se Fair Credit Reporting AtY,1 have the right to amity you if I bdb+e ye, have repward bNam ere Infaemarlan abme my rcoo11at m my Caaw,mer Reporting ,aveaCy, Sueb aodces thaWd be was is wrbWg and i0e?tkk my saeplae utae. arrest addrem, Socld fearity somber, UWpbose nomber, accamt number. type of a0cmmR spedbe New of d spup and at reams why l kgtvr the Wfamu"s MpWUa 6 in error. I aunt read MY notice rut f1m UOWa. P.O. Dun 3 OU4 Chntlorre,NC M564nL went, 4"V I" fv,.t, n raaratxr .ar+xn 1 S941tiNG INSORMATION UGARD94G MY TMT t)MON J= AT10NS>1>pS. 1 mulesmand thin kum time to rime you may, Rmum es; and a with day cwq UsW Corporate A=%% (&* girrs Oalan N.dusal Book l1rar [jabs Brolarap smicar. Union taP mpndW ael•my.orramt an! erdar ldermaloa• as rot Is year vote liaetellou cou"r atcnory R appmpeisa 1 bw *a right to dletx you sw to shade my "other Istermmioa" by mdryLC you in wrfdat, I mar feed m1 same, addrew Social Security number, Wephwe number and aecouat rypa and number toe flan Union. P.O. But 11726. Roanoke. VA U422-372L GUARANTY Oc TIDitD PtRSON3: roe utataaprd)oiarhr and aevaagy taramts tin parmeu. whin dam town, bawar )aaoarof all am" tom lime a dme owing an this None lye umoono w A* and waft waft aoaR d mry aaxnsiaw Hume dpaymM of Mi of MW M lMWA &ud dull Qdw 00d= to which 09 1 y low and as= to pity all roams awing hetemdm Wqo do=4 wtthoa sdwpad or iW orherwtae be satidgl baatg*= The VDAWIRMW Andw ae(mn ert ft hilme by life haft or dus boo topku* nnllm so I any solmity any ?a acua or f apf agauat the foregotog Nos SM11 am AM= at nay armor the b sbft deny paamor irnon The uoeeuoad adm owiedges W K+md a the of the C64Wm Nom below aping thin goat apt. taeetpt and e>eanon (SEAL) (SEAL) Gaaraq[pr-CtrSigeer Ouatmmc- Co-Sigaer TtORD PARTY OVAfXR(S) AGRtt IK' The uoaeraped, ad owaa(s) R 0o--muMs) of Me cdkwc . W= yon a .cwury aataesr to dte wlluetal am! agtoe thsc tye amf cad cooditims d thtsNate WaB sppiy a the callaremL Owner or Co-Owaer (SLAL) . Owner or Co4wner iSEAL) MR ROAROWLA ACIOtowuDGts. RECEIPT Of A COPY OP TRIS HOTS, F=Y CoMpLETtD PRIOR 70 SIGNINC, AND M=HKX AMOW1YDGO TRAT »RS is A Sirs r U D(SUVMRNL aer (SEAL) 1)onower (SEAL) Ross" wca ."ralawra M'?"' rcrullawrwlulri •ea2ebat117a •aa2foo2117• Exhibit B o ur? QS ? . IIlI?I???II?I?II?II?III?I?II?II? L-1 )l 4q rv!GRTGA( 01600967050 CH IN THIS MORTGAGE, dated 28 October, 1999 ROBERT KLtCK GRETCHEN KLICK , the persou(s) residing at 7889 WERTZVILLE RD CARLISLE PA 17013 signed below as "Owner' avel is referred to in this mortgage as "1". "me" or "my", whenccr one or more persons. "You", 'your' or "First Union' Indic mortgage means FIRST UNION NATIONAL BANK with an office located at 1 Meridian Boulevard. PA50(0 Wyomissing. PA 19610-5000. If 1 am not indebted to First Union under the Note described below, the p<rson(s), . residing at is signing below as and is referred to in Ihia mwngage as 'Borrower,' whether one or more persons THE PROPERTY. This mortgage is on real property located at the street address of in the Ciry f . County of CUMBERLAND Pewsylvaniaa Zip Code (referred to in this Mortgage as "Pmperry"). A further description of 90 Pr(?W:r[yi 170 #2 co 0 is contained tTtz}The deed by which I acquired the Property. My deed is recorded at the D j as, _county Cl k's.. Register's of Recorder's Ottice, in book, page, Tiber, or registry as parcel, pin, plat. lo[ bl?. ej n follows' t:J (~l'1 t i -I OECD DATE. 06/90186 RECORDED DATE. 07/08/86 BOOK: 124 PAGE: 821 PARCEL OR TAX ID n: 21-12-2858-015 TWP/BORa MIDDLESEX. TOWNSHIP CUMBERLAND COUNTY. PENNSYLVANIA 3 `-, r.t c o r? = m r - nu m u C.3 i G') -,a 't1 The Property includes all existing and future bu0dngs and Improvements on the Property and any rights or Interests resulting from my ownersh)3 or possession of the Property. WHAT THE MORTGAGE SECURES. Under the terms of a Promissory Note dated 10/29198 including all cx=iona, malifica[ions and renewals of the Prouussory Note (referred to in Ibis mortgage as the 'Note"). Borrower is indebiod to you in the principal sum of U.S. S 1x2]se nn , which is the maximum aggregate amount of principal to be swurod by this mortgage at any one tune. The Note provides that Borrower shall pay you monthly installments of principal and murrest, with the balance of indebtedness on the Note, including all principal, interest. and otter charges (including interest), if not pail in tWl earlier. becoming due and payable in 1Wl on 11113/39 Intending to be legally bound and to Induce you m enter into or maintain in effect the Note with Borrower, I' hereby mortgage. grant anal convey the Property to you. This mortgage will secure. ()) all loans which you have already made or are later required to make to Borrower under the Note and this mortgage. (ii) any amounts which you may advance to insure, pay rotes on, or repair the Property if I or The Borrower fail to do so, (ill) your cost of collection in the even[ ofdefault as provided in the Note, ()v) all finance charges and other charges you impose on all such loans, advances and expenses as provided in the Note and this mortgage, (v) the performance of all of the Borrower's promises in tie Note and all of my promises in this martgage, and (vi) any extensions, renewals. moditicauoas or amendments of the Num OWNERSHIP: by signing below. I warrant that I am the only owner of die Property, and that i have the nghr to mortgage it to you. i agree to defend for you and any successors and assigns, any lien claims, valid or Invalid, asserted against the Property, and to reimburse you for any loss or damage you may suffer as a result of any and all lien claims against the Property. If the Property is a condominium or pan of a planned unit development, 1 have verified that this mortgage is pcmuued under ary condominium or relative documents, and it any approval(s) is required. I have obtains) all approvals PAYMENTS OF PRINCIPAL AND INTEREST: Borrower will pay wben due, the principal and interest on the Now. Unless the law says otherwise, you will apply all payments that you receive on account of the Note Ars[ to interest due on the Note, then in any other charges owing under the Note, and then to the principal balance remaining on tie Note. OTHER MORTGAGE(S): 1 hereby warrant that the Property is free of claims and demands of any other person(a) except for other morrgagt(s) I already [old you about. 1 will perform all of my obligamuns, including maWng all payments when due. under any and all uxisung (or any lafcr) m artgage(s) on vu Property. TAXES: l wit psy all real estate taxes, assessments, water and sewer rents and other charger on the Property when they come due. 1 will provide you with proof of payment upon request. PROTVCTION of YOUR INTEREST IN THE PROPERTY: If I do tar perform any of my duties staved in Ibis mortgage, or if a legal atuoa is brought couceming the Property that adversely affects your imcrest in the Ptupcny, then you, at your option, and with nduce to me and/or Borrower, may make any court appearaicea, pay sums, undudmg reasonable attorney's fees, aril take necessary aennn to protect your interest in die Property. Any amount of money that you pay, dud is authorized by this paragraph, will be added to the principal amount of die Note, cam interest xt the rate of the Note. and be secured by this me rigage. including the interest. t You, or somsuic authorized by you, may enter upon and inspect the Property at reasonable times if you give me prior noucc. sva(R.-0,) Pp tW, te.1-0 P. MU WW0-.Y n„0-. oooK 1582 PACE L289 MAINTENANCE; 1 will keep the building(s) on the Property in good condition and repair. 1 will not make any major changes (except for repair work) or teat down any building(s) without your prior written consent. I have no knowledge of any environmental condition or hazard which adversely affects the Property. 1 have no knowledge of any work that has been done on, or materlAs furnished to, at unproven- made to the Property within the last 9o days, except such Improverocna. work and/or minerals for which the provider(s) has been paid in full. INSURANCE. 1 will keep the building(s) and tmprovtmrnu on the Property insured at all rimes against loss by fire, flooding and any uhcr "extended coverage' haurd you may specify. 1 May choose die Insurance company, but that company mug be acceptable to you. I will deliver the policy or the other proof of insurance to you at your raqucst. The policy must be for at ]cast the.unoum and time period You specify and must name you as mortgagee. This means you have the right ro receive payment on all insurance claims, up to the amount of your interest in the Property, before me. You may permit aw: to use any insurance proceeds you receive to repair any damage to the Property, if you reasonably believe the ptncccds arc adequate for this purpose. Otherwise. you will apply the proceeds to reduce the balance Borrower owes wider the Note. If I abandoned the Property, oillif I fail w respond to you within 30 days fmm the doe you mall notice to me ghu the insurance carrier otters to scale a claim for insurance benefits, you are authorized to collect and pay the insurance proceeds, at your option, eidrer to repair the Property or reduce what Borrower owes under the Note. CONDEMNATION: If the Property is taken or condemned by authorities. I hereby assign all proomAs of any and all claims for damage;, direct or indirect, in connection with the taking or condemnation, to you and all of said proceeds shall be paid to you, subject to the rights of any prior and superior lien on the Property. Subject to the rights of any prior and superior lien on the Property, you will use the proceeds to pay Borrower's indebtedness under die Note, and any amounts retaining after the Note has been paid in full will he delivered to me or the Borrower. SALE OR PROPERTY: I will not sell, transfer ownership or moagage the Property, in whole or in pan, to any other person without yocr prior written consent. DEFAULT: The Note states when, why and how you may declare a default. When you declare a default under the Note, this mortgage will also be in default. If I do nor perform my dumcs under this mortgage, you may, at your option, declare the Note and this more gage to be in default. When you declare a del'atiln. you may also give me atd Borrower notice of your inteodon to take acdon, and of my or Borrower's right to cure the default within any tune period as may then be provided by law. If cure is not effectd by me or the Borrower within that time period. you can requtre the Borrower to immediately pay w we enure balance owing under the Note. You may also foreclose on this mortgage. This means you can mange for the Property to be sold, as provided by law, in order to pay the entire amount Borrower owes you wider the Note. It the money you receive from the sale is not enough o pay the entire amotmt the Borrower owes you. Borrower will owe you the difference It you receive more than the Borrower owes, you will pay the surplus to me or the Borrower, as you alone choose. If you ibredose oa the Property, you shall have the right to collect in. Mat proceeding, all expenses of foreclosure, including bur not limited to, reasonable attorney's fees and costs of documents, abstracts. and rite reports. ASSIGNMENT OF RENTS; APPOIN AM247 OR RECEIVER: As additional collateral to secure the Note. I hereby grant to you any rod all routs of the Property. But unless and until you make all amounts owing under the Naga became unmodiately due ail payable, or I abandon the Property. I have the right to collect and retain the rems as they become due and payable. If you make all arriounts owing under the Note became Immediately due and payable, or if I abandon tilt Property, you shall have the right to have a court appobu a person called a receiver go eager upon, take possession of, and managC the Property, and eotect all renc: of the Property, including Those past due. All rears that the receiver collects shall he used to pay all costs of managing the Property, aand collecting the rend, mclutlmg bid not limited to the receiver's fees, premiums on the receiver's bonds and rcasonaale aaomey's fees; and second to all amounts secured by this mortgage. The receiver shall account only for the reins he actually rcecived. BINDING AND CONTINUED EFFECT: Until the Barrows pays The Note in full, and this martgage is fully satisfied, the provisions of this moagage will be binding on me and all future owners and reams of the Property. This mortgage as for your benefit and that of anyone to whom you may transfer and assign it. HAZARDOUS SUBSTANCES: I shall not cause or pmmut the presence, use, disposal, sorage, or release of any Haaardow Substances on or in the Property. 1 shall nog do, nor allow anyone else to do, anything affecting the Property that is in violation of any Eavaoomental Law. The preceding two semrnces shall not apply to the presence, use, or storage an hhc Property of small quanducs of Hazardous Substances that ire generally recognhzod to be appropriate to normal resuknual uses and maintenance of Elie Property. I shall prompdy give you written notice of any invattgation, claim, dematd, lawsuit or otter acoca by any governmental or regulatory agency or private party involving the property and any Hazardous Substance or Environmental Law of which 1 have actual knowl.4ge. If 1 ]taro or am notified by any governmental or regulatory authority, Thar any removal or other remedlanon of aa- Hazardous Substance affecting the Property W necessary, 1 shall pronnpdy take all necessary remedial t actions in acwrdarcc with Environmental Law. 3o dw. U11 rrr a4 ao-uM wryer r X. ewr BOOK 1.582 ?ab'E ..230 As used in this paragraph, 'Hazaraous Substance' arc those substances defined as toxic or hazardous substances by Eavironmenial Law, hncludiug me following substances. gasoline, kerosene, odhcr flammable or toxic petroleum products, toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph. '&nvirobnncntal Law' means federal laws and laws of the jurisdiction where the Property is located that relare to health„ safety, or environmental protection. LOAN CHARGES; If the Note secured by this mortgage is subject TO a law which sets maximum loan charges, and that law connection with the Nme, cxcecd is finally interpreted so that the interest or other loan cnargrs collected or 10 be WUeeteid in pcnruucd limits, then: (1) any such loan charges shall be reduced by the amount necessary to reduce me charge to the permitted lima; and (2) any sumi already collected from Burrower which exceeded permitted bruits will be re9mded to Borrower. You ruay choose to make this retbnd by reducing the principal owed under the Now or by madiug a inner payment to Borrower. It a refund reduces principal, the reoaction will be treated as is parual prepayment raider the Note. WAIVER OF HOMESTEAD: 1 waive all rights under my law, to prevent you from applying all proceeds from the Property to fully satisfy me amounts due and owing under the Note , RELEASE OF TIUS MORTGj?G&: I or Borrower may advise you in writing that eidmr or both of us do not wish this mortgage to secure any later loans to Borrower. My and/or Borrower's notice shall nor become effective until the fifth business day after you receive is at your address sized above. After all amounts outstanding on the cffxztve dot of my or Borrower's notice, and your finance charges and other charges have been paid in roll, you will promptly declare that mortgage satisfied GOVERNING LAW: The law of the state in which the Property Is located, and any applicable federal law, will govern Elie terms of this monl(age. NOTICES: Any donee required to be given to you by me or Borrower, or any third parry, either uorkr this mortgage or as otherwise Miurod by law or ate Note, shall be given to you by cersified mail, return receipt requested z your address scored above. Any notice required to he given by you in me. shall be given by 4diveting it or by mailing such notice by first class mail, addressed to the or the current owner residing at the Property, or at such other address as I tray designate by notice to you. Nonce to Borrower and any otter person(s) obligated on the Noe shall Inc given by first class mail to the names acd addresses as they appear in your records. COPIES. 1 and Borrower will receive copies of the Note, this mortgage cod any suppLatterumg agreements, after we execute those documents or after thaw documents are recorded with the appropriate office. WAIVER OF YOUR RIGHTS: Without notice mode and/or Borrower, You may (i) delay enforcwg any of your rigors under the' Note or This mortgage without losing them, (U) extend the ume for payment or modify or atnmd the Note or (aid) add, release or peewit die substitution of panes to the Note or wilzeral smunng the Note You can tale any or all of these actions wimoui in any way affecting your rights under this mortgage. Any waiver by you of any provision of the Note or this mortgage will not be waiver of the same of say other provision on any other occasion. INTEREST RATE AFl'ER AWMENT: Borrower agrees that the Interest rare payable after a judgment is entered on the Note or in an action on dw mortgage, shall be the rate anted in rite Note. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST 1, Borrower, and First Union request the holder of any mortgage, deed of trust or other encumbrance with a lien having priority over this mortgage to give notice to First Union at its address stared on page one of this mortgage, of any default under the superior encumbrance and of any sale at other foreclosure action. SIGNATURES. 1 and Borrower have signed and sealed ft Mortg71, day and year fire above written. C n? l z - (sBAL) Whin ss Ow/n'Jed RO.{ER?T/K CK t..--lam / e /2 !;- /°/ 9 `' 7 I`-'t..--lam (SEAL) Wetness Owner GRETCHEN KLICK (SEAL) Borrowrr (SEAL) Borrower ,went ew. uu hv. 3.1 . 10 ?0 P. ew.,,.. n A. e... Boots 1582 PAGE ..291 STATE OF PENNSYLVANIA ) )SS COUNTY OF ?V rv?\(191 t\n, l_ ) BELT REMEMBERED, chat on rdy ZS?? day of DC-4b ko? before me, it Notary Public of 1) pcrsooaBy appeared '? oNng : t y- \ \r •L •? ? i <A c (,e_ K • . K who.ware known (or were proven) to me to be the person(s) named in and who executed the above mortgage, and thereupon heosWrIsey acknowledged before me that hold dicy signed, scaled and delivered the same as a voluntary act and deed, for the uses and purposes expressed in the mortgage, and desired that it be recorded as such. (SEAL] (Place Notary Stamp Here) t. My commission expires: Noladal Seal Kayy M. Mottoller, Nataty Ptdt4c (Place Notary Seal Here) My pommltelar n EaplPie July 14ry2001 am at inn vinlt 1100 soon o otailes 1. I certify that the pnxtse address of the within named Mortgage, First Union National BanL• is RECORn AND RETURN TO: FIRST UNION NATIONAL BANK P.O. BOX 50010 ROANORE, VA 240?1:9 Tide ?p (COMPLETE WHEN MORTGAGE IS FULLY PAID) To the County Recarditig Officer of County. TbA mortgagu is fully paid I audicidw you to cancel it off record. Dated: ATTEST: Name: Tide: cr. i wlli Carl > m. all FIRST UNION NATIONAL BANK By. BouK1582PAce 292 P.t.•a• ia.u ra".w Wr Fr Exhibit C C. UUL RDD_!;T P. 1rLLER RL8MAfR OF UEEDS Parcel NO.t 21-12-296&-013 f,UMDERLACD COUNTY-Pa ',95 JUt, ? 6 R17 9 32 THIS DEED, MADE THE 34 K day of June in the year of ow Lard ane thousand nine hu dred rirae y-fmr (1995). BETWEEN PUMLIP W. PLAKARTY and ALINDA M. I+LARARTY, husband and wife, of 170 Willow Grove Road, Carlisle, Cumberand County, Pennsylvania, parties of the first past. Gratarorr, and ROBERT KLICK and GRETCHEN IMCK, husband and wife, of 109 Peach Dane, Carlisle, Cumberland County, Pennsylvania. parties of the accond pan, Granteer: WITNESSETHt rhatinconcialsrm(ano Nieetylhousandandno/100.--.--._..? M handpaid the receipt whereof is hereby O acbwwfedged the said Grantarrdo hereby granr and convey to the said Gavmteer, their hefts and assigns, as tenants by the entirety, evo Mid 7 wn"WP, Cumberland tract County,Pen sylvannia, h?oundeddiad descrriibed ascfolllows: uate in dle. BEGINNING at a spike In the centerof the Carlisle Spdngs Road, being Pennsylvania Route 944, at comar of lands of Paw Sheaffer, dente by the centadloo of said highway, South 79 degrees 42 minutes 20 seconds Bast. 92,3 feet to a spike in the centerline of said highway at corner of lanais of Robert Blosser, thence by th¢aa[eriiae of adriveway between lands of Blower and the tract herein conveyed. South 19 degteas 32 Mien te? Wat, 63.04 feet to a stake in do center of the same; thence by the eenterllne of said driveway?ogth 39 degrees 09 minutes West, 36.13 fee[ to a stake; thence by lands of Blosser South 64 degrees 23 minutes 20 seconds Cast. 128.81 feet to an Iran pin; thence by lands of H. R. Gutshall, South 3S degrees 40 minute 50 seconds Weft, 214.94 feet to en iron pie; dt use fry lanais olMershall E. Aurley, North 49 dogmas 50 mlmttea West, 139.2 feet to a pin; thence by the carte, Notch 26 dagrees 31 minutes 40 seconds Pas[, 29.79 feet to a pin; thence by the same, North 34 degrees 10 mi6utes 20 seconds West, 59.39 feet to a stake; thence by lands of Sheaffer North 35 degrees 45 tpinuw 20 seconds Fast, 130.25 feet to a stake; thence by the saint, North 49 degrees 26 rtdaufes West, 22 feet to a stake; thence by the satin, North 29 degrees 5 4 minutes 40 seconds East, 56.61 feet to a spike itt the Benin of the aforesaid puWie mad, die Place of BEGINNING. HAVING thereon created a two and one-half story frame house with a mailing address of 7899 Wert2v111e Road, Carlisle, Pennsylvania. CONTAINING.998 titres as shown on a survey dated May 10, 1964, by Thomas Alvin Neff, Registered Surveyor, BEING the same premises which Allnda M. Flahady and Phillip W, Fl b deed dated July 2, 1987 and recorded July 2, 1987 In the Office of the Recorder of Deem and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book "r, Volume 32, Page 819, granted and conveyed to Alinda M. Plaharty and Phillip W. Flaherty, husband and wife, the Grantors herein. assn Q A p a b ???? ir V W H 1 an r d'. yet ? rt ? 4W -- 1 ?. 60DX f24 IAL B '1 ? c- gg? !a k- AND the said Grantors hereby covenant and agree that they will warrant SPECIALLY the property hereby conveyed IN WITNESS WHERE04 mid Grantors have hereunto set their handy and seals die day and year first above writen. Signed. Sealed, and Dell-ere/ in +he Presence (SEAL) O Phi 111 Flaherty I/ q r "a('- M• 1.:Jar,Xo-r//tiSEAL) Abode M Flah& Commonwealth of pcnrr*v4'11d ) ss. County of Cumberland On this, the day of June, 1995, before me, the undayeigned cdker, perally appeared Phillip W. Pbtharty and ALnda M. Flabarly, haatfh ad and w1Pe, known to so Xon(or sa(isfaetorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the pbrpares therein contained, IN WITNESS WHEREOF 1 hereunla i a my 1w d and orselal seal. A s (2F' y, ti M@seu sMU. NRIe omit ,=A& 1n mY tR MEI1EMJun it. an I do hereby certify diatthe precise rAAk weand comptere post office named g+nmear is 7899 WenzAlk Road CadWo. PA 17015. 1993 COMMONWEALTH OF PENNSYLVANIA ?ss COUNTY OF CUMBERLAND RECORDED on this U day of 101xA. D. 1995, in the Recorder ;r Office a It 4 said County in Deed Book "?lE", Page ?J Given under my hand and seal of the mid nice, die date above written. •?y-eM.r? ?er-l/.e? Recorder :e s Of 124 FADE 8 Exhibit D CUMBERLAND COUNTY TAX CLAIM BUREAU ONE COURTHOUSE SQUARE CARLISLE PA 17013 PHONE 717 240-6366 FAX 717 240-6354 DATE: 2/19/2002 LIEN CERTIFICATE TIME: 12:27:45 ---------------------------------------- THIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THE PROPERTY DESCRIBED BELOW, AS SHOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF 2/19/02, ARE AS FOLLOWS. •••*••** DIST/CTL 21 1860 ******•* KLICK, ROBERT & GRETCHEN 7899 WERTZVILLE ROAD SITUS-7899 WERTZVILLE ROAD CARLISLE PA 17013 7899 WERTZVILLE ROAD PROPERTY- DESC - -Residential With Buildings 21-MIDDLESEX TOWNSHIP 21160-CUMBERLAND VALLEY S.D. BOOK/PAGE 00124 00821 LAND USE R STATUS C ACREAGE 1.000 VALUE 88,080 VALUE C&G RECEIPT DATE CODE DESCRIPTION NO TAX PENALTY INTEREST CHARGES 01/15/02 400 SCH-CUMBERLAND Vally 775.90 77.59 5.82 859.31 2001 TAX TOTAL 859.31 01/15/02 201 FILING FEE 15.00 CERT MAIL-R/C 991922 CERT MAIL-SALE MAP NO 21-12-2958-013 PAGE 1 BALANCE INT ADDED PAYMENTS DUE EACH MO 5.82 2001 FEE TOTAL 15.00 2001 YEAR TOTALS & BALANCE 874.31 .00 874.31 5.82 BALANCE DUE NEXT MONTH 880.13 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CLAIM TOTALS 874.31 .00 874.31 5.82 TOTAL DUE NEXT MONTH 880.13 MISC RECEIPTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - VERIFIED BY: .- . V fT' r-p c' _n 0 Z f: N co c L ? rn ,` . y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW FIRST UNION NATIONAL BANK, ) Plaintiff, ) VS. ) ROBERT KLICK and ) GRETCHEN KLICK, ) husband and wife, ) Defendants. ) NO. 02-1375 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE PRAECIPE FOR JUDGMENT TO: CLERK OF COURTS/PROTHONOTARY - CIVIL DIVISION Enter Judgment against the above-named Defendants for failure to answer Complaint: Clerk of Courts/Prothonotary to assess damages as follows: Principal Balance ----------------------- $180,515.24 Delinquent Interest to 3/13/02--------- 6,316.09 Accumulated Late Charges to 3/13/02 88.00 Property Valuation---------------------- 75.00 Misc. Foreclosure Expenses----------- 50.00 Attorneys' Fees Authorized by Note------------------ 1,250.00 TOTAL $188,294.33 plus costs of this suit and continuing interest accruing at a variable rate, currently accruing at the rate of $31.79 per diem, insurance and taxes which may be paid by Plaintiff in accordance with the Note and Mortgage, arising subsequent to 3/13/02 and continuing through the entry of judgment in mortgage foreclosure and Sheriff's Sale of the Subject Premises and distribution of proceeds derived therefrom (XX) Pursuant to R.C.P. 237. 1, I hereby certify that the notice to file this praecipe was mailed to the above-named Defendants on April 16, 2002, and copy of same is attached herewith. ( ) Pursuant to Rule 237 (notice of praecipe for final judgment or decree,) I hereby certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his attorney of record. SOMA & STER BY: Richard Brent Somac squire Attorney I.D. No. 19521 Attorney for Plaintiff 1132 Hamilton Allentown, PA (610) 432-2244 Street, Suite 201 18101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW FIRST UNION NATIONAL BANK, ) Plaintiff, ) Vs. ) ROBERT KLICK and GRETCHEN KLICK,) husband and wife, ) Defendants. ) NO. 02-1375 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE TO: Gretchen Klick 415 Independence Court Mechanicsburg, PA 17050 Date of Notice: April 16, 2002 IMPORTANT NOTICE (RULE 23711 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 717-249-3166 or 1-800-990-9108 BY: &- , SOMACH & W) STER Richard Bro om ch, Esquire Attorney I.D. No. 19521 Attorney for Plaintiff 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW FIRST UNION NATIONAL BANK, ) Plaintiff, ) vs. ) ROBERT KLICK and GRETCHEN KLICK,) husband and wife, ) Defendants. ) NO. 02-1375 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE TO: Robert Klick 415 Independence Court Mechanicsburg, PA 17050 Date of Notice: April 16, 2002 IMPORTANT NOTICE (RULE 2371) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN 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 ONC9. 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 717-249-3166 or 1-800-990-9108 SOMACH & WESTER BY: t A , FJthlyd Sreet Somach, Esquire Attorney I.D. No. 19521 Attorney for Plaintiff 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 Y - r? ntr,; ? ` ? I f J 7 : --t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW FIRST UNION NATIONAL BANK, Plaintiff, vs. ROBERT KLICK and GRETCHEN KLICK, husband and wife, Defendants. NO. 02-1375 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above-captioned case. Principal Balance $180,515.24 Delinquent Interest to 3/13/02 6,316.09 Accumulated Late Charges To 3/13/02 88.00 Property Valuation 75.00 Misc. Foreclosure Expenses 50.00 Attorneys Fees Authorized by Note 1,250.00 TOTAL $188,294.33 plus costs of this suit and continuing interest accruing at a variable rate, currently accruing at the rate of $31.79 per diem, insurance and taxes which may be paid by Plaintiff in accordance with the Note and Mortgage, arising subsequent to 3/13/02 and continuing through the entry of judgment in mortgage foreclosure and Sheriffs Sale of the Subject Premises and distribution of proceeds derived therefrom. DATE: ') Z SOMACH & WESTER BY: Richard Brent Somach, Esquire Attorney I.D. No. 19521 Attorney for Plaintiff 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 n g E y N :)..: c z .0 \ W jrri ?. e G G Or C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW FIRST UNION NATIONAL BANK, NO. 02-1375 CIVIL TERM Plaintiff, vs. ROBERT KLICK and GRETCHEN KLICK, husband and wife, ACTION IN MORTGAGE FORECLOSURE Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 First Union National Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 7899 WERTZVILLE ROAD, MIDDLESEX TOWNSHIP, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA (Tax Parcel No. 21-12-2958-013) (description attached). 1. The name and address of Owner(s) or Reputed Owner(s): Robert Klick 415 Independence Court Mechanicsburg, PA 17050 Gretchen Klick 415 Independence Court Mechanicsburg, PA 17050 2. The name and address of Defendant(s) in the judgment: Robert Klick 415 Independence Court Mechanicsburg, PA 17050 Gretchen Klick 415 Independence Court Mechanicsburg, PA 17050 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: First Union National Bank 123 South Broad Street Philadelphia, PA 19109 First Union National Bank vs. Robert Klick and Gretchen Klick, h/w Term No. 02-1375 Civil Term $188,294.33 Entered May 2, 2002 4. The name and address of the last recorded holder of every mortgage of record: First Union National Bank 123 South Broad Street Philadelphia, PA 19109 Dated October 26, 1999 Recorded November 15, 1999 Cumberland County Mortgage Book Volume 1582, Page 289 $182,225.00 5. Name and address of every other person who has any record lien on the property: 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: NONE 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Nancy Sheidley, Tax Collector Middlesex Township 3235 Spring Road Carlisle, PA 17013 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 of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATE: ( l SO tH.&WESTER BY: G.tC Richard Brent Somach, Esquire Attorney for Plaintiff Attorney I.D. No. 19521 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 ?, t7 G N ?Ty' L C __i 7 ?. fTl +? ?? ? G}}G,?,? ? ? ? JJ ( ' C' L D'? '...J ' ()IT ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of the Carlisle Springs Road, being Pennsylvania Route 944, at comer of lands of Paul Sheaffer, thence by the centerline of said highway, South 79 degrees 42 minutes 20 seconds East, 92.3 feet to a spike in the centerline of said highway at comer of lands of Robert Blosser, thence by the centerline of a driveway between lands of Blosser and the tract herein conveyed, South 18 degrees 32 minutes West 63.04 feet to a stake in the center of the same; thence by the centerline of said driveway, South 39 degrees 09 minutes West, 36.15 feet to a stake; thence by lands of Blosser, South 64 degrees 23 minutes 20 seconds East 128.81 feet to an iron pin; thence by lands of H.R. Gutshall, South 35 degrees 40 minutes 50 seconds West, 214.94 feet to an iron pin; thence by lands of Marshall E. Hurley, North 49 degrees 50 minutes West, 139.2 feet to a pin; thence by the same, North 26 degrees 31 minutes 40 seconds East, 29.79 feet to a pin; thence by the same, North 34 degrees 10 minutes 20 seconds West, 59.39 feet to a stake, thence by lands of Sheaffer, North 35 degrees 45 minutes 20 seconds East, 130.25 feet to a stake; thence by the same, North 49 degrees 26 minutes West, 22 feet to a stake; thence by the same, North 29 degrees 54 minutes 40 seconds East, 56.61 feet to a spike in the center of the aforesaid public road, the Place of Beginning. HAVING thereon erected a two and one-half story frame house with a mailing address of 7899 Wertzville Road, Carlisle, Pennsylvania CONTAINING.998 acres as shown on a survey dated May 10, 1964, by Thomas Alvin Noff, Registered Surveyor. BEING THE SAME PREMISES which Phillip W. Flaharty and Linda M. Flaherty, h/w, by their Deed dated June 30, 1995 and recorded July 16, 1995 in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Deed Book Volume 124, Page 821, granted and conveyed unto Robert Klick and Gretchen Klick, husband and wife. TAX PARCEL NO. 21-12-295M13. cn- r -o z G? 'T LT a W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. DIVISION - LAW FIRST UNION NATIONAL BANK, Plaintiff, VS. ROBERT CK and GRETCHENIKLICK, husband and wife, NO. 02-1375 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE Defendants. ' 'S SALE OF REAL PROPERTY NOTICE OF rocr?lRANNT TO Pa R P 3129.2 Your real estate at 7899 CUMBERLAND COUNTY, PENNSYLVANIA (Tax parcel No. 21-12-295"13) CARLISLE, in the in the is scheduled to be sold at Sheriffs Sale on Tuesday, September 4, 2002, at 10:00 a.m., Cumberland County Commissioner's Hearing Room of the Cumberland County courthouse, one Courthouse square, Carlisle, Pennsylvania 17013, to enforce the Court judgment of TO: Robert Klick 415 Independence Court Mechanicsburg, PA 17050 TZVIi LEROAD, MIDDLESETOWNSHIP, WER $188,294.33 obtained by Plaintiff against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFFS SALE To prevent this Sheriffs Sale, you must take i medi?_tg action: to the Sheriff of Cumberland County, all i. The sale will be cancelled if you pay ents, all late charges or penalties, all reasonable attorneys presently and past due mortgage PaYm fees due as well as reasonable costs of proceeding to foreclosure actually incurred. To find out how much you must pay, you may call: Richard Brent Somach, Esquire, Somach & Wester, attorneys for plaintiff, at (610) 432-2244. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open P 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 rights. The sooner you contact on, the more chance you will have of stopping the sale. (See notice on page 3 on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at 717-240-6399. 2. You may be able to petition the Court to set aside the ale if the bid price is grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at 717- 240-6399. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain n the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after 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 thereto within ten (10) days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 717-249-3166 OR 1-800-990-9108 SOMACH & WESTERR?1 BY: &Lz ' SAL Richard Brent Somach, Esquire Attorney for Plaintiff Attorney I.D. No. 19521 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 c? C!) rrt C t+ cn? N .? in O J C) " C? " a,. C 5 1 r7 CT WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N002-1375 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK PLANTIFF(S) From ROBERT KLICK AND GRETCHEN KLICK (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION (2) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$188,294.33 Interest RATE OF $31.79 PER DIEM Atty's Comm % Arty Paid $ 122.90 Plaintiff Paid L.L. $0.50 Due Frothy $1.00 Other Costs Date: JUNE 12,2002 CURTIS R. LONG Prothonotary, Civil Division By: REQUESTING PARTY: Name : RICHARD BRENT SOMACH, ESQUIRE Address: 1132 HAMILTON STREET, SUITE 201 ALLENTOWN PA 18101 Attorney for: PLFF Telephone: (610)432-2244 Supreme Court ID No. 19521 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW FIRST UNION NATIONAL BANK, ) Plaintiff, ) VS. ) ROBERT KLICK and ) GRETCHEN KLICK, husband and wife, ) Defendants. AFFIDAVIT OF MAILING NO. 02-1375 CIVIL TERM n C- ACTION IN c - MORTGAGE FORECLOSU c. c, c:, I, Richard Brent Somach, Esquire, attorney for Plaintiff, state that, on July 15, 2002, I sent Notices of Sheriff's Sale of Real Property in the above-captioned action to the following: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Nancy Sheidley, Tax Collector Middlesex Township 3235 Spring Road Carlisle, PA 17013 as evidenced by the Certificates of Mailing attached as Exhibit "A." I verify that the statements made in this Affidavit of Mailing are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. SOMACH & WESTER BY: WZ4 A., .,An IRYch6d rent Somach, squire Attorney for Plaintiff Attorney I.D. No. 19521 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 r V MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Romac-h A Wester 1132 Hamilton Street, Suite 201 A 7 _ -__ TT 18101 One piece of ordinary mail addressed to: Nancy Sheidley., Tax Collector Middlesex Township 3235 spring Rea'- Carlisle, PA 17013 PS Form 3817, Mer. 1988 r d'-+LJOII')O P w W ? N O F d O 0 :a CMI MATE OF AMLM MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: ma h & Wester 1132 Hamilton Street, Suit 201 Allentown, PA IS-101 One piece of ordinary mail addressed to: Cumberland County Tax Claim Bur Cumberland County Courthouse ric cQuXth.014sc C arc Carlisle, PA 17013 e PS Form 3817. Mar. 1989 LLl YC•. ?. '? M :e o W F 4 O N Vwj O 0 Wa o EXHIBIT "A" ..* f-I -4 1: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW FIRST UNION NATIONAL BANK, ) Plaintiff, ) VS. ) ROBERT KLICK and ) GRETCHEN KLICK, ) husband and wife, Defendants. ) NO. 02-1375 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Richard Brent Somach, Esquire, attorney for Plaintiff, state that I sent by certified mail, return receipt requested, a Notice of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129.2 in the above-captioned action to Defendant, Robert Klick, at 415 Independence Court, Mechanicsburg, PA 17050, on July 15, 2002, and that said Defendant did receive same on July 17, 2002, as evidenced by the return receipt attached as Exhibit "A." I verify that the statements made in this Affidavit of Service are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. SOMACH & WESTER BY: 114'ljiZ6?-4k aid Brent omach, Esquire Attorney for Plaintiff Attorney I.D. No. 19521 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 ¦ Complete items 1, 2, and 3. Aiso complete item 4 n Restricted Delivery is desired. A. Soviture X Agent a Print your name and address on the reverse d so that we can return the card to you. B. Received by (Printed ) C. D a of a ¦ Attach this card to the back of the maiipiece, ? or on the front if space permits. D. I ivory address different from Item 1? Yea 1. Article Addressed to: If YES, enter delivery address below: ? No Robert Klick 415 Independence Court Mechanicsburg, PA 17050 ' - 3. Service Type )(x Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes. 2. Article I (Transis PS Form I ;95-01-M-2509 EXHIBIT "A" 0 l ZJ r ' 7, m, 17 -1; l ;.r 2>x- j l liJ• CT`s 7 - - !-i R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW FIRST UNION NATIONAL BANK, Plaintiff, VS. ROBERT KLICK and GRETCHEN KLICK, husband and wife, NO. 02-1375 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE Defendants. AFFIDAVIT OF SERVICE I, Richard Brent Somach, Esquire, attorney for Plaintiff, state that I sent by certified mail, return receipt requested, a Notice of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129.2 in the above-captioned action to Defendant, Gretchen Klick, at 415 Independence Court, Mechanicsburg, PA 17050, on July 15, 2002, and that said Defendant did receive same on July 17, 2002, as evidenced by the return receipt attached as Exhibit "A." I verify that the statements made in this Affidavit of Service are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. SOMACH & WESTER BY: Richard Brent omach, Esquire Attorney for Plaintiff Attorney I.D. No. 19521 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 ¦ Coriiplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired A. Signature 11111, . ¦ PAttti your name and address on the reverse X Agent so that we can return the card to you. Addresm ¦ Attach this card to the back of the maiipiece, B. Received by (Panted Mme) C. to of iven or on the front if space permits. 7 1. Article Addressed to: D. Is delivery address different from Rem ? e If YES, enter delivery address below: d No Gretchen Klick 415 Independence Court Mechanicsburg, PA 17050 Mail ? Express Mail d ? Return Receipt for Merchandise 7 ail ? C.D.D. ResMcted livery? (Extra Fee) 0 Yes 2 W. Ankle Number (rrens/e rlromserwceleber) 7000 0600 0023 6667 9275 P$Fo1m $811, Ad" 2001 Dornosc f&tur n Rsoai t p 702585-01-M-25pp EXHIBIT "A" c? ti mrr TI :1 SHERIFF'S RETURN - REGULAR CASE NO: 2002-01375 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS KLICK ROBERT ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE KLICK ROBERT DEFENDANT the at 1128:00 HOURS, on the 25th day of March , 2002 at 415 INDEPENDENCE COURT MECHANICSBURG. PA 17050 GRETCHEN KLICK, WIFE was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 A^ J Z J V Sworn and Subscribed to before me this day of Kam! r, o2lrrj A. D. 'Prothonotary" So Answers: ? R. Thomas Kline 03/26/2002 SOMACH & WESTER By: Deputy S e f SHERIFF'S RETURN - REGULAR CASE NO: 2002-01375 P M COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS KLICK ROBERT ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE KLICK GRETCHEN DEFENDANT was served upon the at 1128:00 HOURS, on the 25th day of March 2002 at 415 INDEPENDENCE COURT MECHANICSBURG, PA 17050 GRETCHEN KLICK by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ;/'& day of a.yo .Z, A. D. T P othonotary So Answers: R. Thomas Kline 03/26/2002 SOMACH & WESTER By: --- 4ztZU0 Z'z/A?al- eputy heriff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wachovia Bank N A is the grantee the same having been sold to said grantee on the 4th day of Sent A.D., 2002, under and by virtue of a writ Execution issued on the 12th day of June, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2042 Number 1375, at the suit of First Union National Bk against Robert Klick & Gretchen is duly recorded in Sheriff's Deed Book No. 254, Page 830. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 7.3 , A.D. 2002 Recorder of Deeds day of P ..ft FA First Union National Bank VS Robert Klick and Gretchen Klick In The Court of Common Pleas of Cumberland County, Pennsylvania Writ no. 2002-1375 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on June 19, 2002 at 2;33 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert Klick, by making known unto Robert Klick personally, at 415 Independence Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on June 19, 2002 at 2;33 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Gretchen Klick, by making known unto Robert Klick, husband of defendant, at 415 Independence Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 09, 2002 at 8:08 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert Klick and Gretchen Klick located at 7899 Wertzville Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Robert Klick, by regular mail to his last known address of 415 Independence Court, Mechanicsburg, PA 17055. This letter was mailed under the date of July 19, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Gretchen Klick, by regular mail to her last known address of 415 Independence Court, Mechanicsburg, PA 17055. This letter was mailed under the date of July 19, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 4, 2002 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Richard Somach for Wachovia Bank, National Association, f/k/a First Union National Bank. It being the highest bid and best price received for the same, Wachovia Bank, National Association, f/k/a First Union National Bank of P.O. Box 2248, Jacksonville, FL 32203-2248, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $888.96, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed $ 30.00 17.43 15.00 15.00 30.00 10.00 .50 1.00 9.66 2.67 15.00 30.00 381.65 251.35 25.20 25.00 29.50 $ 888.96 paid by attorney 10/14/02 Sworn and subscribed to before me So w This ;i Y x. day of R. Thomas Kline, eo-*ff 2002, A.D. y?t? Gp?. BY(X othonotary Real Estate eputy 001- ua i4 g l' 3 p?30 Cale,. 3 0 133 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N002-1375 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK PLANTIFF(S) From ROBERT KLICK AND GRETCHEN KLICK (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION (2) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 188,294.33 Interest RATE OF $31.79 PER DIEM Atty's Comm % Atty Paid $ 122.90 Plaintiff Paid L.L. $0.50 Due Prothy $1.00 Other Costs Date: JUNE 12,2002 CURTIS R. LONG Prothonotary, Civil Division By: REQUESTING PARTY: d Name : RICHARD BRENT SOMACH, ESQUIRE Address: 1132 HAMILTON STREET, SUITE 201 ALLENTOWN PA 18101 Attorney for: PLFF Telephone: (610)432-2244 Supreme Court ID No. 19521 Real Estate Sale # 81 On June 18, 2002 the sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA known and numbered as 7899 Wertzville Rd., Carlisle; more fully described on Exhibit "A" filed witt, this writ and by this reference incorporated herein. Date: June 18, 2002 By: J64 &Vd( j Real Estate Deputy i 4J0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW FIRST UNION NATIONAL BANK, Plaintiff, vs. ROBERT KLICK and GRETCHEN KLICK, husband and wife, NO. 02-1375 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE Defendants. AFFIDAVIT PURSU T TO RULE 3129.1 First Union National Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 7899 WERTZVILLE ROAD, MIDDLESEX TOWNSHIP, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA (Tax Parcel No. 21-12-2958-013) (description attached). 1. The name and address of Owner(s) or Reputed Owner(s): Robert Klick 415 Independence Court Mechanicsburg, PA 17050 Gretchen Klick 415 Independence Court Mechanicsburg, PA 17050 2. The name and address of Defendant(s) in the judgment: Robert Klick 415 Independence Court Mechanicsburg, PA 17050 Gretchen Klick 415 Independence Court Mechanicsburg, PA 17050 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: First Union National Bank 123 South Broad Street Philadelphia, PA 19109 First Union National Bank vs. Robert Klick and Gretchen Klick, h/w Term No. 02-1375 Civil Term $188,294.33 Entered May 2, 2002 4. The name and address of the last recorded holder of every mortgage of record: First Union National Bank 123 South Broad Street Philadelphia, PA 19109 Dated October 26, 1999 Recorded November 15, 1999 Cumberland County Mortgage Book Volume 1582, Page 289 $182,225.00 5. Name and address of every other person who has any record lien on the property: 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: NONE 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Nancy Sheidley, Tax Collector Middlesex Township 3235 Spring Road Carlisle, PA 17013 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 of 18 Pa C.S. Section 4904 relating to unworn falsification to authorities. DATE: I SO H,& WESTER .? ??, BY: Richard Brent Somach, Esquire Attorney for Plaintiff Attorney I.D. No. 19521 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of the Carlisle Springs Road, being Pennsylvania Route 944, at corner of lands of Paul Sheaffer; thence by the centerline of said highway, South 79 degrees 42 minutes 20 seconds East, 92.3 feet to a spike in the centerline of said highway at corner of lands of Robert Blosser; thence by the centerline of a driveway between lands of Blosser and the tract herein conveyed, South 18 degrees 32 minutes West 63.04 feet to a stake in the center of the same; thence by the centerline of said driveway, South 39 degrees 09 minutes West, 36.15 feet to a stake; thence by lands of Blosser, South 64 degrees 23 minutes 20 seconds East 128.81 feet to an iron pin; thence by lands of H.R. Gutshall, South 35 degrees 40 minutes 50 seconds West, 214.94 feet to an iron pin; thence by lands of Marshall E. Hurley, North 49 degrees 50 minutes West, 139.2 feet to a pin; thence by the same, North 26 degrees 31 minutes 40 seconds East, 29.79 feet to a pin; thence by the same, North 34 degrees 10 minutes 20 seconds West, 59.39 feet to a stake; thence by lands of Sheaffer, North 35 degrees 45 minutes 20 seconds East, 130.25 feet to a stake; thence by the same, North 49 degrees 26 minutes West, 22 feet to a stake; thence by the same, North 29 degrees 54 minutes 40 seconds East, 56.61 feet to a spike in the center of the aforesaid public road, the Place of Beginning. HAVING thereon erected a two and one-half story frame house with a mailing address of 7899 Wertzville Road, Carlisle, Pennsylvania CONTAINING.998 acres as shown on a survey dated May 10, 1964, by Thomas Alvin Noff, Registered Surveyor. BEING THE SAME PREMISES which Phillip W. Flaharty and Linda M. Flaherty, h/w, by their Deed dated June 30, 1995 and recorded July 16, 1995 in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Deed Book Volume 124, Page 821, granted and conveyed unto Robert Klick and Gretchen K.lick, husband and wife. TAX PARCEL NO. 21-12-2958-013. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW FIRST UNION NATIONAL BANK, NO. 02-1375 CIVIL TERM Plaintiff, VS. ROBERT KLICK and GRETCHEN KLICK, husband and wife, ACTION IN MORTGAGE FORECLOSURE Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO Pa. R.C.P. 3129.2 TO: Gretchen Klick 415 Independence Court Mechanicsburg, PA 17050 Your real estate at 7899 WERTZVILLE ROAD, MIDDLESEX TOWNSHIP, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA (Tax Parcel No. 21-12-2958-013) is scheduled to be sold at Sheriffs Sale on Tuesday, September 4, 2002, at 10:00 am., in the Cumberland County Commissioner's Hearing Room of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the Court judgment of $188,294.33 obtained by Plaintiff against you. 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 Sheriff of Cumberland County, all presently and past due mortgage payments, all late charges or penalties, all reasonable attorney's fees due as well as reasonable costs of proceeding to foreclosure actually incurred. To find out how much you must pay, you may call: Richard Brent Somach, Esquire, Somach & Wester, attorneys for Plaintiff, at (610) 432-2244. 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 rights. The sooner you contact on, the more chance you will have of stopping the sale. (See notice on page 3 on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFS SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at 717-240-6399. 2. You may be able to petition the Court to set aside the ale if the bid price is grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at 717- 240-6399. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened 5. You have a right to remain n the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after 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 thereto within ten (10) days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 717-249-3166 OR 1-800-990-9108 SOMA t& WESTER i BY: Richard Brent Somach, Esquire Attorney for Plaintiff Attorney I.D. No. 19521 1132 Hamilton Street, Suite 201 Allentown, PA 18101 (610) 432-2244 ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of the Carlisle Springs Road, being Pennsylvania Route 944, at comer of lands of Paul Sheaffer, thence by the centerline of said highway, South 79 degrees 42 minutes 20 seconds East, 92.3 feet to a spike in the centerline of said highway at corner of lands of Robert Blosser; thence by the centerline of a driveway between lands of Blosser and the tract herein conveyed, South 18 degrees 32 minutes West 63.04 feet to a stake in the center of the same; thence by the centerline of said driveway, South 39 degrees 09 minutes, West, 36.15 feet to a stake; thence by lands of Blosser, South 64 degrees 23 minutes 20 seconds East 128.81 feet to an iron pin; thence by lands of H.R. Gutshall, South 35 degrees 40 minutes 50 seconds West, 214.94 feet to an iron pin; thence by lands of Marshall E. Hurley, North 49 degrees 50 minutes West, 139.2 feet to a pin; thence by the same, North 26 degrees 31 minutes 40 seconds East, 29.79 feet to a pin; thence by the same, North 34 degrees 10 minutes 20 seconds West, 59.39 feet to a stake; thence by lands of Sheaffer, North 35 degrees 45 minutes 20 seconds East, 130.25 feet to a stake; thence by the same, North 49 degrees 26 minutes West, 22 feet to a stake; thence by the same, North 29 degrees 54 minutes 40 seconds East, 56.61 feet to a spike in the center of the aforesaid public road, the Place of Beginning. HAVING thereon erected a two and one-half story frame house with a mailing address of 7899 Wertzville Road, Carlisle, Pennsylvania. CONTAINIlNG.998 acres as shown on a survey dated May 10, 1964, by Thomas Alvin Noff, Registered Surveyor. BEING THE SAME PREMISES which Phillip W. Flaharty and Linda M. Flaherty, h/w, by their Deed dated June 30, 1995 and recorded July 16, 1995 in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Deed Book Volume 124, Page 821, granted and conveyed unto Robert Klick and Gretchen Klick, husband and wife. TAX PARCEL NO. 21-12-295 8-013. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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_'_ JULY 26, AUGUST 2, 9, 2002 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. Iyuger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST. 2002 LOIS E.SNYDER ad COA* Cm*dm Expires Much 5, RZAL 98TATE SALE No. sl Writ No. 2002-1375 Civil First Union National Bank vs. Robert Klick and Gretchen Klick Atty.: Richard Brent Somach ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Middlesex Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: BEGINNING at a spike in the center of the Carlisle Springs Road, being Pennsylvania Route 944, at corner of lands of Paul Sheaffer; thence by the centerline of said highway, South 79 degrees 42 min- utes 20 seconds East, 92.3 feet to a spike in the centerline of said high- way at corner of lands of Robert Blosser: thence by the centerline of a driveway between lands of Blosser and the tract herei*-3 conveyed, South 18 degrees 32 minutes West 63.04 feet to a stake in the center of the same; thence by the centerline of said driveway, South 39 degrees 09 minutes West. 36.15 feet to a stake; thence by lands of Blosser, South 64 degrees 23 minutes 20 seconds East 128.81 feet to an iron pin; thence by lands of H.R. Gutshall. South 35 degrees 40 minutes 50 seconds West, 214.94 feet to an iron pin; thence by lands of Marshall E. Hurley, North 49 degrees 50 min- utes West, 139.2 feet to a pin: thence by the same. North 26 de- grees 31 minutes 40 seconds East, 29.79 feet to a pin: thence by the same, North 34 degrees 10 minutes 20 seconds West, 59.39 feet to a stake; thence by lands of Sheaffer. North 35 degrees 45 minutes 20 seconds East, 130.25 feet to a stake; thence by the same, North 49 degrees 26 minutes West, 22 feet to a stake; thence by the same, North 29 degrees 54 minutes 40 seconds East, 56.61 feet to a spike in the center of the aforesaid public road, the Place of Beginning. HAVING thereon erected a two and one-half story frame house with a mailing address of 7899 Wertzville Road, Carlisle, Pennsylvania. CONTAINING .998 acres as shown on a survey dated May 10, 1964, by Thomas Alvin Noff, Regis- tered Surveyor. BEING THE SAME PREMISES which Phillip W. Flaherty and Linda M. Flaherty, h/w, by their Deed dated June 30, 1995 and recorded July 16, 1995 in the Recorder of Deeds Office of Cumberland Coun- ty, Pennsylvania, in Deed Book Vol- ume 124, Page 821, granted and conveyed unto Robert Klick and Gretchen Klick, husband and wife. TAX PARCEL NO. 21-12-2958- niq t THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller 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 Patriot-News 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 as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. 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 pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION th day o f gust 2 A.D. COPY Sworn to and subscribed before mpi SALE #81 Notarial Seal Terry L. Russell, Notary Pud City Of Harrisburg, Dauphin County O RY PUBLIC My Commission Expires June 6, 2006 ssion expires June 6, 2006 Member. Pennsylvania Assodabon Of Nokia CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE 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 $ 249.60 Probating same Notary Fee(s) $ 1.75 Total $ 251.35 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News 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. By .................................................................... REAL ESTATE SALE No. 81 Writ No. 2002-1375 Civil Tenn First Union National Bank vs Robert Klick and Gretchen Kllck Atty: Richard Brent Somach DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of the Carlisle Springs Road, being Pennsylvania Route 944, at comer of lands of Paul Sheaffer; thence by the centerline of said highway, South 79 degrees 42 minutes 20 seconds East, 92.3 feet to a spike in the centerline of said highway at comer of lands of Robert Blosser; thence by the centerline of a driveway between lands of Blosser and the tract herein conveyed, South 18 degrees 32 minutes West 63.04 feet to a stake in the center of the same; thence by the centerline of said driveway, South 39 degrees 09 minutes West, 36.15 feet to a stake; thence by lands of Blosser, South 64 degrees 23 minutes 20 seconds East 128.81 feet to an iron pin; thence by lands of H. R. Gutshall, South 35 degrees 40 minutes 50 seconds West, 214.94 feet to an iron pin; thence by lands of Marshall E. Hurley, North 49 degrees 50 minutes West, 139.2 feet to a pin; thence by the same, North 26 degrees 31 minutes 40 seconds East, 29.79 feet to a pin; thence by the same, North 34 degrees 10 minutes 20 seconds West, 59.39 feet to a stake; thence by lands of Sheaffer, North 35 degrees 45 minutes 20 seconds East, 130.25 feet to a stake; thence by the same, North 49 degrees 26, minutes West, 22 feet to a stake; thence by the same, North 29 degrees 54 minutes 40 seconds East. 56.61 feet to r spike in the center of the aforesaid public road, the Place of BEGINNING. HAVING thereon erected a two and one-half story frame house with a mailing address of 7899 Wertzviile Road, Carlisle, Pennsylvania. CONTAINING .998 acres as shown on a survey dated May 10. 1964 by Thomas Alvin Noff, Registered Surveyor. BEING THE SAME premises which Phillip W. Flaharty and Linda M. Flaharty, husband and wife, by their Deed dated June 30, 1995 and recorded July 16, 1995 in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Deed Book Volume 124. Page 821, granted and conveyed unto Roben Klick and Gretchen Klick, husband and wife. TAX PARCEL NO.: 21-12-2958-013.