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HomeMy WebLinkAbout00-04868 ,~ --"',,.' " ~ ~ . ~", -, '~, ,'.'~ '--")ni - . '- . .' THOMAS L. DAY, JR" and SUSANK. DAY, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW CONFESSION OF JUDGMENT RONALD B, CLIPPINGER, and NANCY K. CLIPPINGER, husband and wife, NO,,;)Qon- 4rgt/{ c.1,,!'1 Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiffs, Thomas L. Day, Jr., and Susan K. Day, and against the Defendants, as follows: (a) Unpaid principal balance $35,090.00 (b) Payments made in interim ($8,013.67) (c) Attorney's collection fee (15%) pursuant to instrument $4,061.45 TOTAL AMOUNT CONFESSED $31,137.78 MARTSON DEARDORFF WILLIAMS & OTTO 4- . Date: July 10, 2000 By Iv V. Otto, quire 1\ Attorney ill No, 27763 Mark A. Denlinger, Esquire P A Attorney ill No, 83794 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs " .', h',"_ ,. ;c.-,--, , .", h'l_'" ~ ~, -~\, '. ' .c-::'. THOMAS L. DAY, JR., and SUSAN K. DAY, husband and wife, Plaintiffs v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONFESSION OF JUDGMENT NO, oIAn.JV, 'I is'(.. S' ~ ~ RONALD B. CLIPPINGER, and NANCY K. CLIPPINGER, husband and wife, Defendants COMPLAINT FOR CONFESSION OF JUDGMENT AND NOW, come the Plaintiffs, THOMAS L. DAY, JR" and SUSAN K. DAY, by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby file this Complaint pursuant to Pa, RC,P, NO. 2951(b) for JUDGMENT BY CONFESSION, averring the following: 1. The Plaintiffs, THOMAS L. DAY, JR., and SUSAN K. DAY, husband and wife (hereinafter "Plaintiffs"), are adult individuals residing at 845 Baltimore Pike, Gardners, Cumberland County, Pennsylvania, 2. The Defendants, RONALD B. CLIPPINGER, and NANCY K. CLIPPINGER, husband and wife (hereinafter "Defendants"), are adult individuals with a last known address of3 51 West North Street, Carlisle, Cumberland County, Pennsylvania, 3. A true and correct photostatic copy of the original instruments duly executed by the Defendants is attached hereto as Exhibit "A" and is incorporated herein by reference, 4, The aforesaid instruments have not been assigned. 5, Judgment on the aforesaid instruments have not been entered in any jurisdiction, 6, Judgment on the aforesaid instruments are not being entered against a natural person in connection with a consumer credit transaction, 7, Contrary to the terms and provisions of the aforesaid instruments, Defendants breached the terms of the instruments by failing to pay the full amount of the instruments as required by the instruments and are, therefore, in default. <" . - . . , I . ~" , ,.-, " '''>--' ',",',', ,;b~ " " . 8, Plaintiffs have elected to respond to Defendants' default and breach by confessing judgment under the instruments for the full amount due and payable to Plaintiffs as provided in the instruments, as well as for all other payments due but not yet paid, less any amounts made in partial payment of the debt owed to Plaintiffs, 9, Therefore, the Defendants are liable to the Plaintiffs as follows: -Unpaid principal balance $35,090,00 -Payments made in interim ($8,013,67) -Attorney's collection fee (15%) pursuant to instruments $4,061.45 TOTAL AMOUNT CONFESSED $31,137,78 WHEREFORE, the Plaintiffs demand judgment in the sum of$31,137,78 as authorized by the Warrant of Attorney appearing in the attached instruments, together with interest from date of judgment at daily rate of 0.023288%, and attorney's fees and costs associated with this action, MARTSON DEARDORFF WILLIAMS & OTTO By I 0 V. Otto, III, uire A Attorney ill No, 27763 Mark A Denlinger, Esquire P A Attorney ill No. 83794 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeysfor Plaintiffs Date: July 10, 2000 , ~ . 1 . .",. 'h . , .<"', "~'iJ- , " . . '- VERIFICATION I verifY that the statements made in the foregoing Complaint for Confession of Judgment are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, 94904, relating to unsworn falsification to authorities, ~A<J//J e Thomas L. Day, Jr. . 71' Date: 7- 7 - l-OCJ& JL , ~"'" '^"< "'3'- " . " ' VERIFICATION I verify that the statements made in the foregoing Complaint for Confession of Judgment are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, 94904, relating to unsworn falsification to authorities, Date: 7- '1~rlJ , . " $25.090.00 December 18, 1997 FOR VALUE RECEIVED, the undersigned, RONALD B. CLIPPINGER AND NANCY K. CLIPPINGER, jointly and severally promise to pay to the order of THOMAS L. DAY, JR. AND SUSAN K. DAY of 845 Baltimore Pike, Gardners, Pennsylvania, 17324, the sum of TWENTY - FIVE THOUSAND NINETY DOLLARS ($25,090.00), with no interest, payable January 1, 2000. Upon default, the undersigned hereby empower any prothonotary, clerk or attorney of any court of record within the United States or elsewhere to appear for the undersigned and, with or without declaration, to confess judgment at any time or times against each, any or all of the undersigned and in favor of the holder hereof for the above sum, with costs of suit and attorney's commission offifteen percent for collection. The undersigned hereby release all errors and expressly waive all rights to any stay of execution, sequestration of rents and exemption of any property from levy and sale of execution under any law or rule of court now in force or hereafter enacted. All of the foregoing promises are the joint and several promises of the undersigned and shall bind the undersigned, heirs, personal representatives, successors and assigns. The undersigned and all endorsers waive protest, demand and notice of nonpayment of this note. Witness: &~-1S.~"'1~) RONALD B. CLIPPINGER ~7f~~) NANC CLIPP.'.. ER ',;,1 ., DISCLOSURE FOR CONFESSION OF JUDGMENT We acknowledge that we have executed a Judgment Note this 18th day of December, 1997, in the amount of TWENTY -FIVE THOUSAND NINETY DOLLARS ($25,090.00) obligating us to repay that amount to THOMAS L. DAY, JR. AND SUSAN K. DAY, or their heirs and assigns. We understand that the Note contains wording that would permit THOMAS L. DAY, JR. AND SUSAN K. DAY to enter judgment against us at the Courthouse, if Note is in default, without notice to us and without offering us an opportunity to defend against the entry of judgment, and that the judgment may be collected by any legal means. In executing the Note, we are knowingly, understandably, and voluntarily waiving our rights to resist the entry of judgment against us at the Courthouse, and are consenting to the confession of judgment We certify that our annual income exceeds Ten Thousand Dollars ($10,000.00) and that we received a copy of this Disclosure at the time of signing. We certify that the Note is not given to secure a consumer loan. Witness: , Q!r"ai2.P-0- ~I'~ RONALD B. CLIPPINGER Y{~ (~~A~(SEAL) NANCY CL ., F:\FILES\DAl' AFlLEIDEEDS\8781-I.N02 $10,000.00 December 18, 1997 FOR VALUE RECEIVED, the undersigned, RONALD B. CLIPPINGER AND NANCY K. CLIPPINGER, jointly and severally promise to pay to the order of THOMAS L. DAY, JR. AND SUSAN K. DAY of 845 Baltimore Pike, Gardners, Pennsylvania, 17324, the sum of TEN THOUSAND DOLLARS ($10,000.00), with no interest, payable January I, 1999. Upon default, the undersigned hereby empower any prothonotary, clerk or attorney of any court of record within the United States or elsewhere to appear for the undersigned and, with or without declaration, to confess judgment at any time or times against each, any or all of the undersigned and in favor of the holder hereof for the above s~ with costs of suit and attorney's commission of fifteen percent for collection. The undersigned hereby release all errors and expressly waive all rights to any stay of execution, sequestration of rents and exemption of any property from levy and sale of execution under any law or rule of court now in force or hereafter enacted. All of the foregoing promises are the joint and several promises of the undersigned and shall bind the undersigned, heirs, personal representatives, successors and assigns. The undersigned and all endorsers waive protest, demand and notice of nonpayment of this note. Witness: - c:J2-uvVlL~,tE'C"('~L) RONALD B. CLIPPINGER ::t#a~ '1Iqt/'~'i~ (SEAL) NAN K. CLIP INGER c~J"''-''-''-'"'' " ~ =~ '. " -,~ " Jl.1.~~' DISCLOSURE FOR CONFESSION OF JUDGMENT . . We acknowledge that we have executed a Judgment Note this 18th day of December, 1997, in the amount ofTEN THOUSAND Dollars ($10,000.00) obligating us to repay that amount to THOMAS L. DAY, JR. AND SUSAN K. DAY, or their heirs and assigns. We understand that the Note contains wording that would permit THOMAS L. DAY, JR. AND SUSAN K. DAY to enter judgment against us at the Courthouse, if Note is in default, without notice to us and without offering us an opportunity to defend against the entry of judgment, and that the judgment may be collected by any legal means. In executing the Note, we are knowingly, understandably, and voluntarily waiving our rights to resist the entry of judgment against us at the Courthouse, and are consenting to the confession of judgment. We certify that our annual income exceeds Ten Thousand Dollars ($10,000.00) and that we received a copy of this Disclosure at the time of signing. We certify that the Note is not given to secure a conSumer loan. Witness: F:\Fn.ES\DA T AFn.E\D1:EDS\8781-I.NOt <j7 ~<&J dS. -t"..e:?'~:::-t-(SEAL) RONALD B. CLIPPINGER Y1~~] (::~EAL) NANCY LI PING " 'r:,; THOMAS L. DAY, JR" and SUSANK. DAY, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW CONFESSION OF JUDGMENT RONALD B. CLIPPINGER, and NANCY K. CLIPPINGER, husband and wife, NO, Defendants CERTIFICATION OF ADDRESSES Mark A. Denlinger, Esquire, attorney for Plaintiffs, hereby certifies that the precise address of the Plaintiffs, Thomas L. Day, Jr., and Susan K. Day, is: Thomas L. Day, Jr., and Susan K. Day 845 Baltimore Pike Gardners, PA 17324 and that the last known address of the Defendants is: Ronald B, Clippinger and Nancy K. Clippinger 351 West North Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By Iv P Attorney ill No, 27763 Mark A Denlinger, Esquire P A Attorney ill No. 83794 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneysfor Plaintiffs Date: July 10, 2000 , .. , '~ < THOMAS L. DAY, JR., and SUSANK DAY, husband and wife, Plaintiffs v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONFESSION OF JUDGMENT RONALD B. CLIPPINGER, and NANCY K CLIPPINGER, husband and wife, NO, Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT & EXECUTION THEREON , Notice of Defendant's Rights To: RONALD B, CLIPPINGER, and NANCY K CLIPPINGER, husband and wife A judgment in the amount of $31,13 7, 78 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this Notice is served on you, Y oumay have legal rights to defeat the judgment or to prevent Y0urmoney or property from being taken YOUMUSTFILEAPETITION SEEKINGRELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHlNTHlRTY (30) DAYS AFTER THE DATE ONWIDCHTHIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS, 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 Counly Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 LIAMS & OTTO By I V. Otto, quire A Attorney ill No, 27763 Mark A. Denlinger, Esquire P A Attorney ill No, 83794 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for PlaintiffS Date: July 10, 2000 'L' ~,,~.; , I'MI THOMAS L. DAY, JR" and SUSANK. DAY, husband and wife, Plaintiffs v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONFESSION OF JUDGMENT RONALD B. CLIPPINGER, and NANCY K. CLIPPINGER, husband and wife, NO, Defendants AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF CUMBERLAND Mark A Denlinger, Esquire, being duly sworn according to law, deposes and says he is authorized to make this Affidavit on behalf of Plaintiffs; and that Defendants, Ronald B, Clippinger and Nancy K. Clippinger, are not in the Military Service of the United States, nor any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto, Swom to and subscribed before me this /0 <:M- day of tl10 ' 2000, ~?~ N ary Public Notarial Seal Kilra E. Moore, Notary Public CarlIsle Bora, Cumberland County My Commissioo Expires Feb, 23, 2004 ~" ~~ ,,". .',"" """'~O THOMAS L. DAY, JR" and SUSANK. DAY, husband and wife, Plaintiffs v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW CONFESSION OF JUDGMENT RONALD B. CLIPPINGER, and NANCY K. CLIPPINGER, husband and wife, NO. Defendants AVERMENT OF DEFAULT COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF CUMBERLAND Mark A Denlinger, Esquire, being duly sworn according to law, deposes and says he is authorized to make this Affidavit on behalf of Plaintiffs; and that Defendants, Ronald B. Clippinger and Nancy K. Clippinger, entered into the Notes dated December 18, 1997, a true and correct copy of which is attached hereto and marked as Exhibit "A" Deponent also avers that there is $31,137,78 due and owing under the Notes, Sworn to and subscribed before me thi~'fL day of ,2000, ~!ltMJ Notarial Seal Kara E. Moore, Notary Public Carlisle Bore, Cumberland County My Commission Expires Feb. 23, 2004 ~.. -,,' ",!Ilk' F:\FILES\DATAFILE\Gendoo.arc\GENDOC99\8781_COJ .1 created: 0Sf21/99 03:29:29 PM RevISed 07f07f00035927PM THOMAS L. DAY, JR" and SUSAN K DAY, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW CONFESSION OF JUDGMENT RONALD B, CLIPPINGER, and NANCY K CLIPPINGER, husband and wife, NO, Defendants NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT OF CONFESSION has been entered against you in the above proceeding and that enclosed herein is a copy of all documents filed with the Prothonotary in support of the aforesaid Confession of Judgment. Date: Prothonotary YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOTHA VE ALA WYER 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 Telephone (717) 249-3166 Date: July 10, 2000 '"""",,,,,," " H"'~i~,jWlL4'Ubl!i'''''-lidiii~:lm~l~~jji~.lr~~"~~'''''' ,.. "'-" " , "" .. "~.~""J>,"',~,' '.o"~n'-' """,=.v_ .^ '.~' -~'" ~,~ , ,., "~"'. -~ m"III' 1: II I . ~"'" C)--.-~.-- - c: ~t.::; ~)'~ ~ (::, ,. "- '1; ......, u!":-' f:-j, '"' ~ "'-: [r1rf'": ,- ';!".,"::t] :j:; 2"11 't--' J~~;.,:i;~ d 65 S~:~ - ~ '"9 ., ,) ~ ,--<""s.: ,~~ r:'-' t:!'iJ, 0() ~ ...-\..j 'V P :~ .' -X') UJ ;~ zO "..~~ V'\ >2 ~, ~ .~ N 0 \) z ';'~..." S' ~ =<! <J) :0 -< P "t- O .--'^,';'.,c,.;,. " ""''' ~r ,- . . ~- . ~ F:\FILES\DATAFILE\Gendoc.cur\8781-reI.2 THOMAS L. DAY, JR., and SUSAN K. DAY, husband and wife, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONFESSION OF JUDGMENT RONALD B. CLIPPINGER, and NANCY K. CLIPPINGER, husband and wife, NO. 2000-4868 CIVIL Defendants PARTIAL RELEASE KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, by Confession of Judgment bearing date the 10th day of July Anno Domini 2000, and recorded in the Office of the Prothonotary for Cumberland County, Pennsylvania under No. 2000-4868 Civil granted and conveyed unto THOMAS L. DAY, JR. and SUSAN K. DAY, husband and wife, the premises therein particularly described, to secure the payment of a certain debt or principal sum of Thirty-One Thousand One Hundred Thirty-Seven and 78/100 ($31,137.78) Dollars lawful money, etc., with interest as therein mentioned. AND WHEREAS, the said RONALD B. CLIPPINGER and NANCY K. CLIPPINGER have requested the said THOMAS L. DAY, JR. and SUSAN K. DAY, to release only that certain property and premises hereinafter described, part of the confession premises, from the lien and operation of the said confession. NOW THEREFORE, KNOW YE that the said THOMAS L. DAY, JR. and SUSAN K. DAY as well in consideration of the premises of the sum of Five Hundred and no/tOO ($500.00) Dollars lawful money to them in hand paid by the said RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, at the time of the execution hereof, the receipt whereof is hereby acknowledged, have remised, released, quit-claimed, exonerated and discharged, and by these presents does remise, release, quit-claim, exonerate and discharge unto the said RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, all that certain tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 152-154 West South Street, Carlisle, Pennsylvania 17013, about to be conveyed to Haddon C. Carryer and Ethel B. Carryer, his wife. " ."." ";"-["'--8":<")"'" '''__''_0' "L', "~, -,.'" ',' /'-\.1,",;/':.; '~'}";:,:-:i',;:';P;:~".-:"" ., ""-<:'"~<'",,.''<' '" ',- . - '"'-' . . ." .. " ..~'" To hold the same, with the appurtenances, unto the said RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, forever freed, exonerated and discharged of and from the lien of said Confession and every part thereof. Provided always, nevertheless, that nothing herein contained shall in anywise affect, negate, satisfy, release, alter or diminish the lien or encumbrance of the aforesaid Confession on the remaining part of any of said confessed premises, or the remedies at law for recovering thereai or against the said RONALD B. CLIPPINGER and N~Y K. CLIPPINGER, the aforesaid principal sum with interest, secured by said Confession. IN WITNESS WHEREOF, the said THOMAS L. DAY, JR. and SUSAN K. DAY, have hereunto set their hands and seals this ~~day of (Jddhtr , 2000. WITNESS: 9t/~~ r~(L~ COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, th~day of ~, 2000, before me the undersigned officer, personally appeared THOMAS L. DAY, JR. and SUSAN K. DAY, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and seal. N&;~(~~ ~"'''" ie'. >- a: ;=; wQ 04~ ~i-~ Qf~'=' DE Ll{c" cch~ F~': u... o '-l~i" , ",~",,,"~ ~ ~=_,,~. ""," .,,~ii,-','J~.';.' , ,... .' '~. , 'V'~ ~..,".' ~_"""WI\1i"" '''''''''""'1IIifi ~';;!;1r.wU'J . . .. '. ~, 00 CO':> M "2 C5 -1 1'<\ Ii) \i ~ ~V) 21~ 8~~ ~ ~ o~ -- C\ .......... ~~4~~~ ~I c1~~ ~ a Q..~ x: Q.. .- N I- U Cl C) Cl .- -" , F:\FILES\DATAfILE\Gendoc.cur\87811_pra.l Created:' 09I2SfQO 12:92:09 PM Revised: 09I2SfOOI2:47:S2PM THOMAS L. DAY, JR., and SUSAN K. DAY, husband and wife, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONFESSION OF JUDGMENT RONALD B. CLIPPINGER, and NANCY K. CLIPPINGER, husband and wife, NO. 2000-4868 CIVIL Defendants PRAECIPE TO THE PROTHONOTARY: Please revise the docket entries in the above-captioned matter to reflect a "Partial Release" of this matter as evidenced by the attached "Release" document previously filed with your office. The docket entries incorrectly designate this Confession of Judgment as released in full, whereas only a partial release was effectuated on property owned by Defendants at 242 and 244 Arch Street, Carlisle, Pennsylvania. This judgment continues in full against the Defendants until satisfied. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By4i1)~ P A Attorney ID No. 83794 Ten East High Street Carlisle, P A 170 I3 (717) 243-3341 Attorneys for Plaintiffi Date: September 25, 2000 .". " CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Marts on DeardorffWiIliams & Otto, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, Ill, Esquire IRWIN, MCKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO B~~/ cq ine A. Decker en uast High Street Carlisle, P A 17013 (717) 243-3341 Dated: September 25, 2000 :n " ~'::=> @b (c=)\ '--.v (C' c-' -~ THOMAS L.DAY, JR., and SUSAN K. DAY, husband and wife Plaintiffs, v. RONALD B. CLIPPINGER, and : CONFESSION OF JUDGMENT NANCY K. CLIPPINGER, husband and wife: NO: 2000-4868 CIVIL Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW RELEASE KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, by Confession of Judgment bearing date the 10th day of July Anno Domini 2000, and recorded in the Office of the Prothonotary for Cumberland County, Pennsylvania under No. 2000-4868 Civil granted and conveyed unto THOMAS L DAY, JR. and SUSAN K. DAY, husband and wife, the premises therein particularly described, to secure the payment of a certain debt or principal sum of Thirty-One Thousand One Hundred Thirty-Seven and 78/100 ($31,137.78) Dollars lawful money, etc., with interest as therein mentioned. AND WHEREAS, the said RONALD B. CLIPPINGER and NANCY K. CLIPPINGER has requested the said THOMAS L. DA.r~ JR. and SUSAN K. DAY, to release the premises hereinafter described, confession premises, from the lien and operation of the said confession. NOW THEREFORE, KNOW YE that the said THOMAS L DAY, JR. anD SUSAN K. DAY as well in consideration of the premises of the sum of Five Hundred and noli 00 ($500.00) Dollar lawful money to them in hand paid by the said RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, at the time of the execution hereof, the receipt whereof is hereby acknowledged, have remised, released, quit-claimed, exonerated and discharged, and by these presents does remise, release, quit-claim, exonerate and discharge unto the said RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, all that certain tract of land situate in Borough of Carlisle, Cumberland County, known as 242 and 244 Arch Street, about to be conveyed to Troy H. Landis. To hold the same, with the appurtenances, unto the said RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, forever freed, exonerated and discharged of and from the lien of said Confession and every part thereof. Provided always, nevertheless, that nothing herein contained ; shall in anywise affect, alter or diminish the lien or incumbrance of the aforesaid Confession on the remaining part of said confessed premises, or the remedies at law for recovering thereat or against the said RONALD B. CLIPPINGER and NANCY K. CliPPINGER, the aforesaid principal sum with interest, secured by said Confession. IN WITNESS WHEREOF, the said THOMAS L DA Y, JR and SUSAN K. DAY, have have hereunto set their hands and seals this /7+h day of AVtju.:t ,2000. ATTEST: f'~ ~EAI4 ,/J !/*f.'EAIJ STATE OF PENNSYLVANIA 'SEAL) (SEAL) :SS: COUNTY OF CUMBERLAND ~ ;WOo On this, the t1 day of August, ,~ before me the undersigned officer, personally appeared THOMAS L. DAY, JR. and SUSAN K. DAY, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and seal. t:s,~~~~ o ary Public NOTARIAL SEAL CORRINE L. MYERS, Notary Public Carlisle Boro. CumberlandCounlY My Commission Ex 'res Me 27, 2003 2 ~~,.m""",;!;, -,.,~' ;"" '." ll\ti.-OJ ~'" ' '", _juliiiilim:,~~~~g,'d""",,,<" ~~_." - ~ -' o c: ? -ort rnnl z::n ztl~~ :Q:z. ,<0 ?EO ~g ~ C) o <.I' ", -0 N en " ".. OJ "C, ,- '"'1;) :::;; s;:- O Ul ..",'\"1 i~~, _-,,-4"\ ';2.(:) 01""n _J ~ "