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HomeMy WebLinkAbout01-5869008482-00055/10.3.01/RWS/DCP/150454 THE BANK OF LANDISBURG, Plaintiff RONALD B. CLIPPINGER and NANCY K. : CLIPPINGER, : Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE TO DEFEND 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFIqCE 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 008482-00055/10.3.01/RWS/DCP/150454 THE BANK OF LANDISBURG, Plaintiff RONALD B. CLIPPINGER and NANCY K. : CLIPPINGER, : : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE COMPLAINT 1. The Plaintiff, The Bank of Landisburg, hereinafter sometimes called Mortgagee, is a banking business association with a principal place of business at Landisburg, Perry County, Pennsylvania. 2. The Defendants, Ronald B. Clippinger and Nancy K. Clippinger, his wife, hereinafter sometimes referred to as "Mortgagors", are adult individuals residing at 351 West North Street, Carlisle Borough, Cumberland County, Pennsylvania. 3. At all times material to the Plaintiffs cause of action, the Mortgagors, Ronald B. Clippinger and Nancy K. Clippinger, have been the owners of a tract of land and the buildings thereon hereinafter called the "land" located in Carlisle Borough, Cumberland County, Pennsylvania, being known and numbered as 307 Arch Slreet, Carlisle, Pennsylvania. 4. The land is described in Exhibit "A", attached hereto and made a part hereof by reference. 5. On December 18, 1998, in consideration of the loan of Seventy-Two Thousand and 00/100 ($72,000.00) Dollars made by the Mortgagee to the Mortgagors, the said Mortgagors executed and delivered to the Mortgagee, a note secured by a mortgage on the land obligating the Mortgagors to pay the Mortgagee the principal sum on demand with interest thereon at the rate of 8.75% percent per annum, on the unpaid balance and to make bi-weekly payments on account of principal and interest, in the absence of the demand in the amount of Three Hundred Seventeen and 93/100 ($317.93) Dollars together with other terms and conditions set forth in the said mortgage. The mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1506, Page 1145. A copy of said mortgage is set forth in Exhibit "B" attached hereto and made a part hereof by reference. 008482-00055/10.3.01/RWS/DCP/150454 6. The Defendant Mortgagors are in default on the mortgage in that they have failed to pay the entire balance due on demand and have failed to make the bi-weekly payments fi.om and after March 15, 2001. 7. The Defendants, Ronald B. Clippinger and Nancy K. Clippinger, are the present real owners of the land. 8. The amount due the Plaintiff under the mortgage is computed as follows: Principal balance $ 68,585.09 Interest through 10/1/01 at 8.75% 2,301.06 Late fees 429.30 10% Attorney's collection fee 7,131.55 TOTAL $78,447.00 9. The Defendants are not a members of the Armed Forces of the United States and are not entitled to any benefits of the Soldiers and Sailors Relief Act as amended. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of Seventy-Eight Thousand Four Hundred Forty-Seven and 00/100 ($78,447.00) Dollars, together with interest thereon at the rote of 8.75% per annum from October 1, 2001. JOHNSON, DUFFIE, STEWART & WEIDNER BY: Richard W. Stewart Johnson, Duffle, Stewart & Weidner Third and Market Streets Post Office Box 109 Lemoyne, Pennsylvania 17043 717-761-4540 Attorneys for Plaintiff O08482-O0055/10.3.011RWSlDCP/150454 EXHIBIT "A" ALL THOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point on Arch Street; thence eastwardly along the line of Tract No. 2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the Place of BEGINNING. HAVING thereon erected the northern part of two and one-half story brick dwelling known and numbered as 307 Arch Street, Carlisle, Pennsylvania 17013. TRACT NO. 2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property formerly of George R. Wenger, and now or late of Arthur Nickey; thence southwardly along the said propemy a distance of 46 feet 06 inches to a point in the line of Tract No. 1, herein described; thence westwardly along the line of last mentioned property, a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point of BEGINNING. BEING THE SAME PREMISES which Barbara Wood Brown, by deed dated December 18, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 308, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, his wife, of Carlisle, Ctu~berland County, Pennsylvania AND THOUSAND ............................................ 4~72,000.00 ALL those certain two tracts of land situate in the Third Ward of the Borough of Carlisle, Cuduberland County, Pennsylvania, bounded and described as follows: (continued on back) E~IilBIT"B" TRACT ~1 BEGINNING at a point on Arch Street; thence eastwardly along the line of Tract No. 2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence weatwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the place of BEGINNING, having thereon erected the northern part of a two and one-half story brick dwelling, known and numbered as 307 Arch Street, Carlisle, PA 17013. TRACT #2 BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 'feet to line of property formerly of George R. Wenger, ai%d no%; or late of Arthur Nickey; thence southwardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No. 1, herein described; thence westwardly along the line of the last mentioned property, a distance of 40 feet to a point on the said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point of BEGINNING. BEING the same property conveyed to Mortgagors herein by deed of Barbara Wood Brown, Widow, dated December 18, 1998 and recorded in CU~erland County Record Book at Page Thi~ Mortgage being intended to be a purchase money mortgage under the provisions of the Lien Priority Law, as amended. ON D B. L PP.INGER .......................................................... (5EAL~ (SEA/) I Notadal Seal [ Ma~ba L, Noel NO a~y Public Carlisle Sero, Cumberland Coun{ My CommissJon Expires Se~. 18, 1~99 P. O Box 60 Shermans Dale, PA 17090 008482-00055/10.3.01/RWS/DCP/150454 VERIFICATION I, RHONDA M. HAAS, Assistant Branch Manager of The Bank of Landisburg, the Plaintiff named m the foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiff's behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification authorities. RHONDA M./HAAS O08482-O0055/12.28.01/RWS/DCP/153209 THE BANK OF LANDISBURG, Plaintiff RONALD B. CLIPPINGER, CLIPPING De TO THE PROTHONOTAt Enter judgment b Nancy K. Clippinger in tl~ 2001, and costs, by reason the date of service of the ( It is hereby certifi Clippinger and Nancy K. default occurred and at le aforesaid notice, together ER and NANCY K. ~endants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5869 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE FOR DEFAULT JUDGMENT default in favor of the Plaintiff, and against the Defendants, Ronald B. Clippinger and amount of $78,447.00 with interest at the rate of 8.75 percent per annum from October 1, )fthe failure of the Defendants to enter an appearance or to file an Answer within 20 days of )mplaint endorsed with a notice to defend. :d that written notice of retention to file this Praecipe was mailed to the Defendants, Ronald B. ~lippinger, at their last known address on December 7, 2001; smd notice bexng marled after the tst ten (10) days prior to the date of the filing of this Praecipe. A tree and correct copy of the ~ith receipts for mailing, are attached hereto and made a part hereof. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Dated: By: Richard W. Stewart Attomey I.D. No. 18039 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 7614540 Attorneys for Plaintiff O08482-O0055/12.6.01/RWS/DCP/152571 THE BANK OF LANDISBURG, Plaintiff RONALD B. CLIPPINGER, CLIPPINGER and Defendants NANCY K. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5869 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO: RONALD B. CLIP~INGER, 351 West North Street, Carlisle, PA 17013 NANCY K. CLIPPiNGER, 351 West North Street, Carlisle, PA 17013 DATE OF NOTICE: Decen~ber 7, 2001 IMPORTANT NOTICE YOU ARE IN D~FAULT BECAUSE YOU HAVE FAIl.ED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ~TTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE ~LAIMs SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF ~HIS 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. Central Pennsylvania Legal Services 213-A North Front Street Harrisburg, PA 17101 (800) 932-0356 CertifiedMail ReturnRe4eiptRequested 7000 0600 0025~536 0243 7000 0600 0025~536 0250 JOHNSON, DUFFIE, STEWART & WEIDNER ~' ~]~chard W.'Ste~vart Third and Market Streets P. O. Box 109 Lemoyne, PA 17043-0109 (717-761-4540 Attomeys for Plaintiff 7000 0600 0025 55~6 0250 IN THE IR F MM P E F' THE BANK OF L~NDISBURG, 'lain~s) vs RONALD B. CLI] NANCY K. CLIP ( X ) Notice is hereby ( ) A copy of all docum is/are enclosed. If you have any questions ?INGER AND [NGER ]2 efendant(s) gi ~en that a File No. _ 01-5869 NOTICE OF FILING JUDGMENT judgment NA/VIE:. Richard W. Stewart, Msq,,jre ADDRESS: 301 Market Street ".Lemo~me, PA '17043 . .....~,. 'ELEPHONE NO:_. 717/761-4~40 :dance with Pa.R.C.R 236.) NAME Mr. and Mr~ Ronald B. RESS 351 West North Street Carlisle, PA 17013 Clippinger (This Notice is ~ven in acc, Notice sent to: AD in the above-captio ~ed matter has been entered against you in the amount of $78,447.00 ~_ 2002 ~nts filed with the Prothonotary in support of the within judgment Prothonotary Ci~l Div.. ~ ~gard/ng this Notice, please contact the filing party: PRAECIPE FOR WKIT OF EXECUTION ~ (MONEY JUDGMENTS) · P.P-.C.P. $I01 to ~149 Etc. THE BANK OF LANDISBURG RONALD B. CLIPPINGER and NANCY K. CLIPPINGER IN TH~. COURT OF COMMON PLgA~ OF ~RLAND 'COUNTY, PF-NN$¥LVAN1A WH~ N0 ...... .. ..................... Ted, 19 ...... N? .......... D k-: 5,~ f:~.9 ............ Te,m. ~!.2__0.01 ,'~moun~ auo ............ $ 78,447.00 lntere,tlr~m 1.0~.1~.01 to .~_4,664.88 6/5/02 Att'y', CO,~ .................................. Co,u ............... $ ....................... To the Pr~thonomn/ol',~id Court: ISSUE WK~TOF EXECUTION IN ~E ABOVE MA~' (Z) ,z~ns, .... ~Tm B. CLIPPER ~ ~CY K. CLIPPI~R ........................................................................... ~r~da~t (3) ,nd ~;nst ._~ ....... : ........................................................ ~ C~;d,ce (s) (4) an8 iod~x thls w~t . ~,~ ? ~ ('] ,~t ..:..9.~.L~ .... B. CLIPPINGER an~ NANCY K. CLIPPINGER' .. .......................................................... D~f.-'~aanl (s) and .... .. .................... r ..................................................... ............................................................... ' ..... ~ · lls pendens ·~a~n~t the re~1 property of Ihe defendant [ s) In the name of.~be Onr,,hhee (s) as I'nl)ows: (.Sp~cifically dcscn'be pmpen'y ) ' Levy upon and sell all that certain tract of real estate situate in Carlisle Borough, Cumber/and County, Pennsylvania, owned by the Defendants, Ronald B. Clippinger and Nancy K. Clippinger, as more fully describedin Exhibit 3.A" attached hereto and made a part hereof by reference. (5) Exempdqn has (not) been w~ved ttomey far PI~inIiH(s) ....... Ric~ W. Stew~t ~nder ~araz~h (I) when ~e writ Is directed to ~e sher~ ol ano~et cowry as ~u~orlzed by ~ule 3103(b}, ~e eounl~ ~ould be ~nd~ Eule ~103{e) a writ l~ed on a transferred lu d[ement may ~ directed only lo the sherl~ of the eou~ 1~ which isled. ~a~ph (3) above should be complied ~ara$raph (4} (s) should ~ completed only a~,horlzed by ~ule 3101(a). Waen the writ Issues lo an oiher count In~exln co.tv by the nrothono~rv. See R.I* s~nit~' 7 ~ Is required as ol ~utse In that .O08482-O005513.4.021RWSIDCP, I154707 . EXHIRIT "A" ALL THOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point on Arch Street; thence eastwardly along the line of Tract No. 2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the Place of BEGINNING. HAVING thereon erected the northern part of two and one-half story brick dwelling known and numbered as 307 Arch Street, Carlisle, Pennsylvania 17013. TRACT NO. 2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property formerly of George R. Wenger, and now or late of Arthur Nickey; thence southwardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No. 1, herein described; thence westwardly along the line of last mentioned property, a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point of BEGINNING. BEING TILE. SAME.PREMISES which Barbara Wood Brown, by deed dated December 18, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 308, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. TAX PARCEL NO. 04-21-0320-586 SEZHgD, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. 008482-00055/3.4.02/RWS/DCP/15320.6 THE BANK OF LANDISBURG, RONALD B. CLIPPINGER, Plaintiff CLIPPINGER and NANCY K. Defendants IN THE COLrRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5869 C1VIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of Landisburg, by its attorneys, Johnson, Duffle, Stewart & Weidner, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located 307Arch Street, Carlisle, Pennsylvania. Name: Ronald B. Clippinger Name and address of Owner(s) or Reputed Owner(s): Address: 351 West North Street Carlisle, PA 17013 Nancy K. Clippinger 351 West North Street Carlisle, PA 17013 Name and address of Defendant(s) in the judgment: Name: Address: Ronald B. Clippinger 351 West North Street Carlisle, PA 17013 Nancy K. Clippinger 351 West North Street Carlisle, PA 17013 3. Name and last known address of every property to be sold: Name: The Bank of Landisburg judgment creditor whose judgment is a record lien on the real Address: P.O. Box 179 Landisburg, PA 17040 O08482-O005513. 4.021RWSIDCPI15530.8 Pennsylvania State Bank Lee M. Diehl Chester W. Schlusser, Jr. Barbara L. Reisinger Chester W. Schlusser, Sr. Thomas Day, Jr. Susan K. Day Vincent H. Gettel Shirley Ann Gettel First Union National Bank c/o Bruce D. Foreman, Esquire 4409 N. Front Street Harrisburg, PA 17110 408 Franklin Street Carlisle, PA 17013 c/o Robert G. Frey, Esquire Frey & Tiley 5 S. Hanover Street Carlisle, PA 17013 c/o Mark A. Denlinger, Esquire 10 E. High Street Carlisle, PA 17013 P.O. Box 85 Spring Run, PA 17262 123 S. Broad Street Philadelphia, PA 19109 Name: The Bank of Landisburg Name and address of the last recorded holder of every mortgage of record: Address: P.O. Box 179 Landisburg, PA 17040 Barbara W. Brown 1200 Biddle Drive Carlisle, PA 17013 Name and address of every other person Name: Tax Claim Bureau who has any record lien on the property: Address: One Courthouse Square Carlisle, PA 17013 6. Name and address of every other person of whom the Plaintiff has knowledge who has any record interest in the property and whose interest may be affected by the sale: Name: Address: O08482-O005513. 4.02/RWSIDCPI15530,8 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: Name: Address: I verify that the statements made in this Affidavit are tree 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. §4904 relating to unsworn falsification to authorities. Date: JOHNSON, DUFFIE, STEWART & WEIDNER Richard W. Stewart Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff O08482-O005513.4.021RWSIDCPI154702 EXItlRIT "A" ALL THOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point on Arch Street; thence eastwardly along the line of Tract No. 2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the Place of BEGINNING. HAVING thereon erected the northern part of two and one-half story brick dwelling known and numbered as 307 Arch Street, Carlisle, Pennsylvania 17013. TRACT NO. 2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property formerly of George R. Wenger, and now or late of Arthur Nickey; thence southwardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No. 1, herein described; thence westwardly along the line of last mentioned property, a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point of BEGINNING. BEING TILE, SA1VIE PREMISES which Barbara Wood Brown, by deed dated December 18, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 308, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. TAX PARCEL NO. 04-21-0320-586 SEZIED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. O08482-O0055/3.5.021RWSIDCP/155308 THE BANK OF LANDISBURG, RONALD B. CLIPPINGER, Plaintiff CLIPPINGER and Defendants NANCY K. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5869 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: RONALD B. CLIPPINGER and NANCY K. CLIPPINGER Your real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 307 Arch Street, Carlisle, Pennsylvania is scheduled to be sold at Sheriffs Sale on June 5, 2002, at 10:00 a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $78,447.00 obtained by The Bank of Landisburg against you. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference. THE LOCATION of your property to be sold is: 307 Arch Street, Carlisle, Pennsylvania 17013 THE PROPERTY IS IMPROVED WITH a portion of two and one-half brick dwelling THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-5869 Civil Term 2001 in the Court of Common Pleas of Cumberland County, Pennsylvania The name and address of the owner or reputed owner of this property is: Ronald B. Clippinger and Nancy K. Clippinger, 351 West North Street, Carlisle, PA 17013 O08482-O0055/3.4.02/RWS/DCP/155308 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SI:IERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to the Sheriff of Cumberland County, the amount of the judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland County at (717) 240-6390. 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 one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHF, R 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 Sheriffof Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the price was 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) 240-6390. 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. 008482-00055/3.4.02/RWS/DCP/155308 5. You may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale date. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriffwithin ten (10) days after the date of the filing of the schedule of distribution. 6. You may also have other rights and defenses, or ways of getting your property 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, Pennsylvania 17013 Telephone: (717) 249-3166 Date: March 7 ,2002 JOHNSON, DUFFLE, STEWART & WEIDNER BY: Richard W. Stewart Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff O08482-O0055/3.4.02/RWS/DCP/154702 EXHIBIT "A" ALL THOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point on Arch Street; thence eastwardly along the line of Tract No. 2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the Place of BEGINNING. HAVING thereon erected the northern part of two and one-half story brick dwelling known and numbered as 307 Arch Street, Carlisle, Pennsylvania 17013. TRACT NO. 2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property formerly of George R. Wenger, and now or late of Arthur Nickey; thence southwardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No. 1, herein described; thence westwardly along the line of last mentioned property, a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point of BEGINNING. BEING TI-IE SAME PREMISES which Barbara Wood Brown, by deed dated December 18, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 308, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. TAX PARCEL NO. 04-21-0320-586 SEZIED, taken in execution and to be sold as the property of Ronald B. Clippmger and Nancy K. Clippinger, judgment debtors and real owners. O08482-O005513.4.021RWSIDCP/154702 THE BANK OF LANDISBURG, Plaintiff RONALD B. CLIPPINGER and NANCY CLIPPINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5869 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE COUNTY OF PENNSYLVANIA : ; SS' COUNTY OF CUMBERLAND : RICHARD W. STEWART, being duly sworn according to law, deposes and says that he served the attached Notice of Sheriffs Sale and Divestiture of Liens upon all judgment creditors, mortgagees, and other persons who have any interest of record in or lien of record upon the property scheduled to be sold at Sheriff's Sale in the above matter on _~.OLfC¥~. }~)1 ,2002, by mailing a copy of the attached Notice by United States Mail, First Class, Postage Prepaid, addressed as follows: Pennsylvania State Bank c/o Bruce D. Foreman, Esquire 4409 N. Front Sheet Harrisburg, PA 17110 Lee M. Diehl 408 Franklin Street Carlisle, PA 17013 Chester W. Schlusser, Jr. Barbara L. Reisinger Chester W. Schlusser, Sr. c/o Robert G. Frey, Esquire Frey & Tiley 5 S. Hanover Street Carlisle, PA 17013 Thomas Day, Jr. Susan K. Day c/o Mark A. Denlinger, Esquire 10 E. High Street Carlisle, PA 17013 008482-00055/3.4.02/RWS/DCP/154702 Vincent H. Gettel Shirley Ann Gettel P.O. Box 85 Spring Run, PA 17262 First Union National Bank 123 S. Broad Street Plffladelphia, PA 19109 Barbara W. Brown 1200 Biddle Drive Carlisle, PA 17013 Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Attached hereto are original receipts for mailing addressed to the individuals and entities set forth above. SWORN TO AND SUBSCRIBED before me, the j~e~C~ day of PI ,O~'x-~-~ ~ , 2002. Notary Public RICHARD W. STEWART O08482-O005513. 4. 021RW SIDCP I155308 THE BANK OF LANDISBURG, Plaintiff RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5869 CIVIL ACTION - LAW 1N MORTGAGE FORECLOSURE TO: Pennsylvania State Bank c/o Bruce D. Foreman, Esquire 4409 N. Front Street Hamsburg, PA 17110 No. 2000-1288 Lee M. Diehl 408 Franklin Street Carlisle, PA 17013 No. 1998-05278 Chester W. Schlusser, Jr. Barbara L. Reisinger Chester W. Schlusser, Sr. c/o Robert G. Frey, Esquire Frey & Tiley 5 S. Hanover Street Carlisle, PA 17013 No. 1999-7107 Thomas Day, Jr. Susan K. Day c/o Mark A. Denlinger, Esquire 10 E. High Street Carlisle, PA 17013 No. 2000-4868 Vincent H. Gettel Shirley Ann Gettel P.O. Box 85 Spring Run, PA 17262 No. 2000-08283 First Union National Bank 123 S. Broad Street Philadelphia, PA 19109 No. 2001-02455 NOTICE OF SHERIFF'S SALE AND DIVESTITURE OF LIENS O08482-O005513.4.02/RWSIDCPI154702 Barbara W. Brown 1200 Biddle Drive Carlisle, PA 17013 Mortgage Book 1507, Page 1 Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 You are hereby notified that the lien of judgment or lien of mortgage that you may have against real estate owned by the above-named Defendant against the land owned by the Defendant at 307 Arch Street, Carlisle Borough, Cumberland County, Pennsylvania, and more fully described in the exhibit attached hereto, will be divested by a Sheriff's Sale scheduled to be held on June 5, 2002, at 10:00 a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania. Unless you take action to stop the Sheriff's Sale, or unless you appear at the Sheriffs Sale and bid to protect your interest, your lien against the land scheduled to be sold at Sheriffs Sale will be divested by the Sheriff's Sale. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govemmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390. Date: March 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, Pennsylvania 17013 Telephone: (717) 249-3166 2002 JOHNSON, DUFFle, STEWART & WEIDNER Richard W. Stewart Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff O08482-O005513.4.021RWSIDCPI154702 EXHIBIT "A" ALL THOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point on Arch Street; thence eastwardly along the line of Tract No. 2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the Place of BEGINNING. HAVING thereon erected the northern part of two and one-half story brick dwelling known and numbered as 307 Arch Street, Carlisle, Pennsylvania 17013. TRACT NO. 2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property formerly of George R. Wenger, and now or late of Arthur Nickey; thence southwardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No. 1, herein described; thence westwardly along the line of last mentioned property, a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point of BEGINNING. BEING THE SAME PREMISES which Barbara Wood Brown, by deed dated December 18, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 308, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. TAX PARCEL NO. 04-21-0320-586 SEZ1ED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. ~Jl_~[L COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND .~ 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 Bank of Landisburg is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2002, under and by virtue of a writ Execution issued on the 8th day of March, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 01 Number 5869, at the suit of Bank of Landisburg against Ronald B Clippinger & Nancy K is duly recorded in Sheriff's Deed Book No. 252, Page 3733. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /~ ;~/t~day of~_, A.D. 20~. ,Recorder of Deeds The Bank of Landisburg VS Ronald B. Clippinger and Nancy K. Clippinger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5869 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on March 20, 2002 at 8:09 o'clock am, EST, 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: Ronald B. Clippinger, by making known unto Ronald B. Clippinger personally, at 351 West North Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tree and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on March 20, 2002 at 8:09 o'clock am, EST, 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: Nancy K. Clippinger, by making known unto Ronald B. Clippinger, husband of defendant, at 351 West North Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2002 at 2:30 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property ofRonald B. Clippinger and Nancy K. Clippinger located at 307 Arch Street, 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: Nancy K. Clippinger, by regular mail to her last known address of 351 West North Street, Carlisle, PA 17013. This letter was mailed under the date of April 04, 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: Ronald B. Clippinger, by regular mail to his last known address of 351 West North Street, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Richard Stewart for The Bank of Landisburg. It being the highest bid and best price received for the same, The Bank of Landisburg of P.O. Box 179, Landisburg, PA 17040, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $922.14, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 18.08 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 20.00 Law Library .50 Prothonotary 1.00 Service 6.90 Certified Mail .86 Levy 30.00 Surcharge 40.00 Law Journal 353.75 Patriot News 251.35 Share of Bills 25.20 Distribution of Proceeds ShefiWs Deed 25.00 29.50 $922.14 paid by attorney 07/11/02 Sworn and subscribed to before me So Answers: ~ , R. Thomas Kline, S~efiff P~o~onotaw Real Estate Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5869 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due THE BANK OF LANDISBURG PLANTIFF(S) From RONALD B. and NANCY K. CLIPP1NGER, 35I W. NORTH ST., CARLISLE PA 17013, (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 307 ARCH ST., CARLISEL PA 17013. ( SEE ATTACED LEGAL DESCRIPTION.) (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 gamishee(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 $78,447.00 L.L. Interest 10/1/01 - 6/5/02 $4,664.88 Due Prothy Atty's Comm % Other Costs Atty Paid $119.25 Plaintiff Paid $.50 $1.00 Date: MARCH 8, 2002 REQUESTING PARTY: Name RICHARD W. STEWART, ESQ. Address: 301 MARKET ST LEMOYNE PA 17043 Attorney for: PLAINTIFF Telephone: (717) 761- 4540 Supreme Court ID No. CURTIS R. LONG Prothonotary, Civil Division 008482-00055/3.4.02/RWS/DCP/153206 THE BANK OF LANDISBURG, Plaintiff RONALD B. CLIPPINGER and NANCY K. : CLIPPINGER, : : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5869 CiVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of Landisburg, by its attomeys, Johnson, Duffle, Stewart & Weidner, sets forth as of the date the Praecipe for the Writ of Execution was filed the following infom~ation concerning the real property located 307Arch Street, Carlisle, Pennsylvania. Name and address of Owner(s) or Reputed Owner(s): Name: Address: Ronald B. Clippinger 351 West North Street Carlisle, PA 17013 Nancy K. Clippinger 351 West North Street Carlisle, PA 17013 Name: Ronald B. Clippinger Name and address of Defendant(s) in the judgment: Address: 351 West North Street Carlisle, PA 17013 Nancy K. Clippinger 351 West North Street Carlisle, PA 17013 property to be sold: Name: The Bank of Landisburg Name and last known address of every judgment creditor whose judgment is a record lien on the real Address: P.O. Box 179 Landisburg, PA 17040 008482-00055/3.4.02/RWS/DCP/155308 Pennsylvania State Bank Lee M. Diehl Chester W. Schlusser, Jr. Barbara L. Reisinger Chester W. Schlusser, Sr. c/o Brace D. Foreman, Esquire 4409 N. Front Street Harrisburg, PA 17110 408 Frarfldin Street Carlisle, PA 17013 c/o Robert G. Frey, Esquire Frey & Tiley 5 S. Hanover Street Carlisle, PA 17013 Thomas Day, Jr. Susan K. Day Vincent H. Gettel Shirley Ann Gettel First Union National Bank c/o Mark A. Denlinger, Esquh'e 10 E. High Street Carlisle, PA 17013 P.O. Box 85 Spring Run, PA 17262 123 S. Broad Street Philadelphia, PA 19109 Name: The Bank of Landisburg Name and address of the last recorded holder of every mortgage of record: Address: P.O. Box 179 Landisburg, PA 17040 Barbara W. Brown 1200 Biddle Drive Carlisle, PA 17013 Name and address of every other person who has any record lien on the property: Name: Address: Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 6. Name and address of every other person of whom the Plaintiff has knowledge who has any record interest in the property and whose interest may be affected by the sale: Name: Address: 008482-00055/3.4.02/RWS/DCP/155308 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: Name: Address: I verify that the statements made in this Affidavit are tree and correct to the best of my personal knowledge or information and belief. I tmderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. Date: JOHNSON, DUFFLE, STEWART & WEIDNER Richard W. Stewart Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff 008482-00055/3.5.02/RWS/DCP/155308 THE BANK OF LANDISBURG, RONALD B. CLIPPINGER, Plaintiff CLIPPINGER and NANCY De~n~nts 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5869 CWIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SAI,E OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: RONALD B. CL~PINGER and NANCY K. CLIPPINGER Your real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 307 Aa'ch Street, Carlisle, Pennsylvania is scheduled to be sold at Sheriffs Sale on June 5, 2002, at 10:00 a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $78,447.00 obtained by The Bank of Landisburg against you. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference. THE LOCATION of your property to be sold is: 307 Arch Street, Carlisle, Pennsylvania 17013 THE PROPERTY IS IMPROVED WITH a portion of two and one-half brick dwelling THE JIJDGMENT under or pursuant to which your property is being sold is docketed to: No: 01-5869 Civil Term 2001 in the Court of Common Pleas of Cumberland County, Penns¥1wnia The name and address of the owner or reputed owner of this property is: Ronald B. Clippinger and Nancy K. Clippinger, 351 West North Street, Carlisle, PA 17013 008482-00055/3.4.02/RWS/DCP/155308 A SCHEDULE OF DISTR/BUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive pm1 of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (i0) days of the date it is filed. Information about the schedule of distribution amy be obtained fi-om the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390. 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 canceled if you pay to the Sheriff of Cun~berland County, the amount of the judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland County at (717) 240-6390. 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 tbr 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 one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF TIlE SHERIFF'S SALE DOES TAKE PLACE I. 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) 240-6390. 2. You may be able to petition the Court to set aside the sale if the price was 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) 240-6390. 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. 008482-00055/3.4.02/RWS/DCP/155308 5. You raay be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale date. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the date of the filing of the schedule of distribution. 6. You may also have other rights and defenses, or ways of getting your property back, if you act inunediately aRer 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, Pennsylvania 17013 Telephone: (717) 249-3166 Date: March ,2002 JOHNSON, DUFFLE, STEWART & WEIDNER Richard W. Stewart Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney D No. 18039 Attorneys for Plaintiff 008:482-00055/3.4,02/RWS/DCP/154702 EXI~IBIT "A" ALL THOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Th/rd Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point on Arch Street; thence eastwardly along the line of Tract No. 2 herein described, a distance of i29 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the Place of BEGINNING. HAVING thereon erected the northern part of two and one-half story brick dwelling known and numbered as 307 Arch Street, Carlisle, Pennsylvania 17013. TRACT NO. 2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property formerly of George R. Wenger, and now or late of Arthur Nickey; thence southwardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No. 1, herein described; thence westwardly along the line of last mentioned property, a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point of BEGINNING. BEING THE SAME PREMISES which Barbara Wood Brown, by deed dated December 18, I998, and recorded in the Office of the Recorder of Deeds of Cumberlm~d County in Deed Book 191, Page 308, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. TAX PARCEL NO. 04-21-0320-586 SEZIED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 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 1o 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 April 2002 and the 7th day(s) of May 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. Sworn tad~'~l~3~scribed be~--~e,this 17.9~ d~y.~ay 2009 A.D. ~y Comair?on E~res dune 6, ~ / ~NOTARY PUBLIC ~e~r, Penn~y~an~a A~at~ o~ ~ota~es Uy commission expires June 6, 2002 PUBLICATION COPY S A L E #63 cMl'r~ml ¥8 D~ON r ~E ~ ~o ~ ofl~ ~ ~ W~ of ~ ~ of C~ C~l~ ~, ~syl~ ~ ~ ~ fo~s: ~ NO.I: B~O ~ a ~ S~;~ ~y ~g~ ~ ~No.2 ~ S~ a ~ of lb.~ f~ · a ~n~ ~ 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 Probating same Notary Fee(s) Total $ 249.60 $ 1.75 $ 251.35 Publisher's Receipt for Advertising Cost Phce of BEGINNING, HAVl~ ~ ~ ~ ~ pat ~f ~ :o., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general aad o~-~' ~ ~ d~,a~ ~ ~ ~ge receipt of the aforesaid notice and publication costs and cedifies that the same have ~ ~ ~ ~ ~ ~ ~ By .................................................................... ~,a~f~a~ ' d~ f~ · ~dB~O. B~O ~ S~ ~ w~ch B~ W~ B~, ~ ~ ~ ~ 18, 1~8~ ~d 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 : 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: APRIL 26, MAY 3, 10, 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. SWORN TO AND SUBSCRIBED before me this 10 day of MAY, 2002 lOffi E. ~HYDF. R, ~ Pu~ ! REAL ESTATE SALE NO. 63 Writ No. 2001 5869 Civil The Bank of Landisburg Ronald B. Clippinger and Nancy If. Clipptager Atty.: Richard Stewart EXHIBIT ALL THOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Third Wayd of the Borough Cumberland County. of Carlisle. Pennsylvania. bounded and described as follows: TRACT NO. 1: BEGINNING at a point on Arch Street; thence east wardly along the line of Tract No. 2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the ~ .~ ':~ '~ instance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the Place of BEGINNING. HAVING thereon erected the northern part of two and one-half story brick dwelling known and nmnbered as 307 Arch Street, Car- lisle, Pennsylvania 17013. TRACT NO. 2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property fOrmerly of George ti. Wenger, and now or late of Arthur Nickey: thence south- point ts; dii irloY a in the line of Tract No. 1, herein described; thence westward_ ly along the line of last mentioned property, a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a dis- tance of 46 feet 06 inches to point of BEGINNING. the BEING THE SAME PREMISES which Barbara Wood Brown, by deed dated December 18, 1998, and re- corded In the Office of the Recorder of Deeds of Cumberiand County in Deed Book 191. Page B08, granted and COnVeyed Unto Ronald Clippinger and B. Nancy K. Clippinger' Defendants herein. 586TAX PARCEL NO. 04-21-0B20 SEIZED. taken In execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Cllppin_ egre:] Judgment debt°rs as~d real own