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HomeMy WebLinkAbout01-5870O08482-O0055/ l O.3.01/RW S/DCP /1504 50.1 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 foCth 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 OICFICE 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 O08482'O0055110.3.01/RW S/DCP /150450.1 THE BANK OF LANDISBURG, RONALD CLIPPINGER, Plaintiff B. CLIPPINGER and NANCY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N O. d l-O '7 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. Clippmger 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 mater/al to the Plaintiffs cause of action, the Mortgagors, Ronald B. Clippinger and Nancy K. Clippmger, 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 347 West North Street, Carlisle, Pennsylvania. 4. The land is described in Exhibit "A", attached hereto and made a part hereof by reference. 5. On December 15, 1998, in consideration of the loan of Fifty-Six Thousand and 00/100 ($56,000.00) 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 Two Hundred Forty-Eight and 28/100 ($248.28) 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 570. A copy of said mortgage is set forth in Exhibit "B" attached hereto and made a part hereof by refeaence. O08482'O0055110.3.011RWS/DCP/150450.1 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 from and after January 9, 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 Interest through 10/1/01 at 8.75% Late fees 10% Attorney's collection fee TOTAL $ 53,146.78 2,940.86 357.00 5,644.46 $62,089.10 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 mount of Sixty-Two Thousand Eighty-Nine and 10/I00 ($62,089.10) Dollars, together with interest thereon at the rote of 8.75% per annum from October 1, 2001. JOHNSON, DUFFIE, STEWART & WEN)N-ER Richard W. Stewart Johnson, Duffle, Stewart & Weidner Th/rd and Market Streets Post Office Box 109 Lemoyne, Pennsylvania 17043 717-761 4540 Attorneys for Plaintiff 008482-00055110.3.01/RWS/DCP/150450.1 EXHIBIT "A" ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, on the North side of West Street, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by 12 foot wide private alley; and on the West by property now or formerly of Lee M. Nickey. CONTAINING 15 feet more or less, in front on said West North Street and extending at an even width a distance of 120 feet in depth to the private alley aforesaid. ItAV1NG thereon erected the western one-half of a double two story frame dwelling house known as and numbered 347 West North Street. BEING THE SAME PREMISES which Susan K. Wagner now known as Susan K. Shellenberger, by her deed dated December 15, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 132, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. ~, ~ 15th ~y o{ December AND OUSAND ..................... TY SIX .................... 4156,000.00 ALL that certain tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: (continued on back) eoox:l.50G ~,~c£ .5';0 E~-IIBIT ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by a Twelve (12) foot wide private alley; and on the West by property now or formerly of Lee M. Nickey, containing fifteen (15) feet, more or less, in front on said West North Street and extending at an even width a distance of one hundred twenty (120) feet in depth to the private alley aforesaid, having thereon erected the Western one-half of a double two story frame dwelling house known as and numbered 347 West North Street. BEING the same property conveyed to Mortgagors herein by deed of Susan K. Wagner, n/k/a, Susan K. Shellenberger, dated December 15, 1998 and recorded in Cumberland County Record Book at Page This Mortgage being intended to be a purchase money mortgage under the provisions of the Lien Priority Law, as amended. AS TO BOTH C~mm°"w~l'h'Pe'~a'llF'P~~a Ronald B. Clippinger and Nancy ~ Clippinger, his wife P. O. Box ~ P~,~ ,da,~, of ~hc Moa~see he~l. i, Shermans Dale, PA 17090 008482-00055/10.3,01/RWS/DCP/150450.1 VERIFICATION I, RItONDA M. HAAS, Assistant Branch Manager of The Bank of Landisburg, the Plaintiff named in the foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs behalf and have knowledge of the facts set forth in the foregoing and that said facts are tree and con'ect 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 ,.4 SHERIFF'S RETURN - REGULAR CASE NO: 2001-05870 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANDISBURG BANK OF THE VS CLIPPINGER RONALD B ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLIPPINGER RONALD B the DEFENDANT , at 1800:00 HOURS, at 351 W NORTH ST CARLISLE, PA 17013 on the 12th day of October , 2001 by handing to NANCY CLIPPINGER 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 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this /g ~ day of O~ ~/ A.D. onotary~ , , So Answers: R. Thomas Kline 0/15/2001 JOHNSON DUFFIE STEWART WEIDNER Deputy She~if-f ~7 SHERIFF'S RETURiq - CASE NO: 2001-05870 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANDISBURG BANK OF THE VS CLIPPINGER RONALD B ET AL REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLIPPINGER NANCY K the DEFENDANT , at 1800:00 HOURS, on the 12th day of October , 2001 at 351 W NORTH ST CARLISLE, PA 17013 by handing to NANCY CLIPPINGER 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 othonotary ' So Answers ~,~ ~ R. Thomas Kline 10/lS/2001 JOHNSON DUFFIE STEWART WEIDNER Deputy Sheriff O08482-O0055/12.28.01/RWS/DCP/l§3208 THE BANK OF LANDISBURG, RONALD B. CLIPPINGER, Plaintiff CLIPPINGER and Difendants NANCY K. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5870 C1VIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter judgment bj default in favor of the Plaintiff, and against the Defendants, Ronald B. Clippinger and Nancy K. Clippinger in th~ amount of $62,089.10 with interest at the rate of 8.75 percent per annum from October 1, 2001, and costs, by reason Sfthe failure of the Defendants to enter an appearance or to file an Answer within 20 days of the date of service of the Ctmplaint endorsed with a notice to defend. It is hereby certified that written notice of intention to file this Pmecipe was mailed to the Defendants, Ronald B. Clippinger and Nancy K. Clippinger, at their last known address on December 7, 2001; said notice being mailed after the default occurred and at leas! ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid notice, together wilh receipts for mailing, are attached hereto and made a part hereof. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Dated:. By: Richard W. Stewart Attorney I.D. No. 18039 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 7614540 Attorneys for Plaintiff 008482-00055/12.6.01/RWS/DCP/152569 THE BANK OF LANDISBURG, : : Plaintiff : : V. : RONALD B. CLIPPINGER and NANCY K. : CLIPPINGER, : : D6fendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5870 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO: RONALD B. CLIllPINGER' 351 West North Street, Carlisle, PA 17013 NANCY K. CLIPHNGER, 351 West North Street, Carlisle, PA 17013 DATE OF NOTICE: Decerflber 7, 2001 IMPORTANT NOTICE YOU ARE IN D]~FAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY &TTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF ]~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 I~IE 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 Certified Mail Return ReceiptRequested 7000 0600 0025 5536 0243 7000 0600 0025 5536 0250 JOHNSO~N, DUFFLE, STEWART & WEIDNER By ~./~ ~ Richatrd W. Stewart Third and Market Streets P. O. Box 109 Lemoyne, PA 17043-0109 (717-7614540 Attorneys for Plaintiff 7000 0600 0025 0243 N THE RT ' F MM PLEA F' THE BANK OF LA~ P Ys RONALD B. CLIP NANCY K. CLIP~ (x) Notice is hereby in the above-cap $62,089.10 ) A copy of ~11 doc, is/are e~closed. If you have any quest (This Notice is even Notice sent tc ~DISBURG, 01-5870 ~n~ftls) File No. 'INGER AND NGER )e~ndant(s) yen that a judgment NOTICE OF FILING JUDGMENT ,ned matter has be~n entered against you in the amount of _on ,ments filed with the Prothonotary in support of the within jud~-',ent Prothonotary Civil Div. · )ns regarclinz this Notice, please contact the f~ling party: ADDRESS: TELEPHONE NO: _ Richard W. Stewart. Emq~irm 301 Market Street .,L~moMme, PA '17043 ' "'' '~?' 717/761-454~ ,n acc0rdauce with Pa.R.C.R 236.) NAME ADDRESS Mr. and Mr~ Ronald B. Clipoin~er 351 West North Street Carlisle, PA 17013 RONAL~ B. CLIPPINGER and N/~ICY K. CLIPPINGER PRAECIPE FOR WRIT OF EXECUTION- (MONEY JUDGMENTS) .P.R.C.P. 3101 to 3149 Etc. THE BANK OF LANDISBURG IN THE COURT OF COMMON PLEAS OF ~-'-' ....................................... CLlV~ERIAND COUNTY, PF-NNSYLVANIA Writ Nn ...... .. .................... Term, I~ ...... NO....Q_I=~_~.7.Q ................... Te~, ~3~.._2_0.01 ~ouo, d,c ............ ; ..~62.~_0_.S.9.:~O._. '.ter. t ,~ ..Lo./.1./.o_l_t.o_._~3~_6.9..o_.2..4' _...V.?!?! ..................... Cost, ................ $ ....................... To the Prothonot~try of saki Court: ISSUE WR.]T OF ~XECUTION IN THE ABOVE MA'& (~) D~,~eted ,o thc Shc,~, nr ....~.E.~ ..... Count),, ' ..... i ............. ............................................................................ Dca'cod,mt (s)" ~ · ($) and a~.inst __.: ....... '. .......................................................... Oxmlshce (a) (4) and index UMe writ . (~) x~n~t ..... .R~.....N~...__B....__C._L_I.P..P_I._.N~._.R_...ap.d. NANCY K. CLIPPINGER' .. ............................................................. Ddend~nt (,) and ~) ~gd~t .... 7 ....................... 7 ..................................................... ..................................................................... O,mhhec (,), a~ · r,s p~ndens against Ihe re~ property of Ihe de~end,nt (s) ~n ghe name of lbo Gan, hh~ (s) as/nllows: (Sp~ci~calty dcscn%c pm~) Levy upon and sell all that certain tract of real estate situate in Carlisle Borough, Cumberland County, Pennsylvania, owned by the Defendants, Ronald B. Clippinger and Nancy K. Clippinger, as more fully describedin Exhibit "A" attached hereto and made a part hereof by reference. (5) F..xcmpt]qn ],as (not) lc. cea we. ivcd. [~C~;~E~ ............... ~O:E Under pmrag~ph (l) when ~e writ Is directed to ~e sher~ o{ mno~er cowry as mu~torlz~ by Rule 3103(b~, ~e county ~ould be ~dicate& Under Rule a~0aCc) a wrR ~e4 on · trmnslerr~ Judgement may ~ directed only to the ~her]~ o: the cou~y la which Pa~ph (3) above should be complied only If a named :arnlshee h to be ~cluded In ~e writ. Paragraph (4) (m) shouJd ~ completed onlr It Index lng oZ ~e execution fa the county of lssuance, t d · ~horlzed by Rule 3104(m). W~en ~e writ Issues to another county Indexing Is re~uired .. 008482-00055/3.4.02/RWS/KLT/154725,1 EXI~IIIT "A" ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, on the North side of West North Street, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by 12 foot wide private alley; and on the West by property now or formerly of Lee M. Nickey. CONTAINING 15 feet more or less,, in front on said West North Street and extending at an even width a distance of 120 feet in depth to the private alley aforesaid. HAVING thereon erected the western one-half of a double two story frame dwelling house known as and numbered 347 West North Street. BEING TFW~ SAME PREMISES which Susan K. Wagner now known as Susan K. Shellenberger, by her deed dated December 15, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 132, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. SEIZED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real ovmers. PARCEL NO. 05-20-1798-187 O08482-O005513.4.021RWSIKLTI154725.1 EXHIBIT "A" ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, on the North side of West North Street, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by 12 foot wide private alley; and on the West by property now or formerly of Lee M. Nickey. CONTAINING 15 feet more or less, in front on said West North Street and extending at an even width a distance of 120 feet in depth to the private alley aforesaid. HAVING thereon erected the western one-half of a double two story frame dwelling house known as and numbered 347 West North Street. BEING TILE. SAME PREMISES which Susan K. Wagner now known as Susan K. Shellenberger, by her deed dated December 15, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 132, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. SEIZED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. PARCEL NO. 05-20-1798-187 008482-00055/2.13.021.RWSIKLTI154723.1 THE BANK OF LANDISBURG, RONALD B. CLIPPINGER, Plaintiff CLIPPINGER and Defendants NANCY K. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5870 CIVIL 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 347 West North 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 and address of Defendant(s) in the judgment: Name: Ronald B. Clippinger Nancy K. Clippinger Address: 351 West North Street Carlisle, PA 17013 351 West North Street Carlisle, PA 17013 008482-00055/2.13.02/.RWS/KLT~'154723.1 3. Name and last known address of every property to be sold: Name: The Bank of Landisburg Pennsylvania State Bank Thomas Day, Jr. Susan K. Day Vincent H. Gettel Shirley Ann Gettel First Union National Bank Chester W. Schlusser, Jr. Barbara L. Reisinger Chester W. Schlusser, Sr. Lee M. Deihl judgment creditor whose judgment is a record lien on the real Address: P.O. Box 179 Landisburg, PA 17040 c/o Bruce D. Foreman, Esquire 4409 N. Front Street Harrisburg, PA 171 I0 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 c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 408 Franklin Street Carlisle, PA 17013 Name and address of the last recorded holder of every mortgage of record: Name: Address: The Bank of Landisburg P.O. Box 179 Landisburg, PA 17040 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 008482-00055/2.13.02/RWS/KLT,/154723.1 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: 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 unswom falsification to authorities. DATE: JOHNSON, DUFFIE, STEWART & WEIDNER Richard W. Stewart Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-7614540 Attorney ID No. 18039 Attorneys for Plaintiff 008482-00055/2.13.02/RW, S/KLT/154725.1 THE BANK OF LANDISBURG, RONALD B. CLIPPINGER, Plaintiff CLIPPINGER and Defendants NANCY K. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5870 C1VIL ACTION- LAW IN MORTGAGE FORECLOSURE NOTICE OF Slt'ERIFF'S SALE . OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129-~ TO: RONALD B. CLIPPINGER and NANCY K. CLIPPINGER Your real estate situate m the Borough of Carlisle, Cumberland County, Pennsylvania, known as 347 West North Street, Carlisle, Pennsylvania is scheduled to be sold at Sheriffs Sale on June 5, 2002 at 10:00 o'clock a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $62,089.10 obtained by The Bank of Landisburg against you. THE PROPERTY TO BE SOLD is delineated m 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: 347 West North Street, Carlisle, Pennsylvania 17013 THE PROPERTY IS IMPROVED WITH one-halfofa double two story frame dwelling house THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-5870 Civil Term 2001 m 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 1701 ~ 008482-00055/3.4.02/RWS/KLT/154725,1 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 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 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 OTHER RIGHTS EVEN IF Tl~ 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. 008482-00055/3.4.02/RW,S/KLT/154725.1 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 may be entitled to a share of the money which was paid for your property. A schedule of dislribution 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 fights 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 Tl:lE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER Date: Richard W. Stewart Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff 008482-00055/3.4.02/RWS/KLT/154725.1 EXHIBIT "A" ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, on the North side of West North Street, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by 12 foot wide private alley; and on the West by property now or formerly of Lee M. Nickey. CONTAINING 15 feet more or less, in front on said West North Street and extending at an even width a distance of 120 feet in depth to the private alley aforesaid. }lAVING thereon erected the western one-half of a double two story frame dwelling house known as and numbered 347 West North Street. BEING THE SAME PREMISES which Susan K. Wagner now known as Susan K. Shellenberger, by her deed dated December 15, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 132, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. SEIZED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. PARCEL NO. 05-20-1798-187 008482-00055/3.18.02/RWS/KLT/154741.1 THE BANK OF LANDISBURG, RONALD B. CL1PPINGER, Plaintiff CLIPP1NGER and Defendants NANCY K. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5870 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE COUNTY OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : o-¢ 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 Sheriffs Sale in the above matter on ~0d'{~ } (~ , 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 Street Harrisburg, PA 17110 Thomas Day, Jr. Susan K. Day c/o Mark A. Denlmger, Esquire 10 E. High Street Carlisle, PA 17013 Vincent H. Gettel Shirley Ann Gettel P.O. Box 85 Spring Run, PA 17262 First Union National Bank 123 S. Broad Street Philadelphia, PA 19109 008482-00055/3.18.02/RWS/KLT/154741.1 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 Lee M. Diehl 408 Franklin Street 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~kme the ~ day of ~-~¥'~ ~0(~\ ~,, 2002. Notary Public RICHARD W. STEWART 008482-00055/3.18.02/RWS/KLT/154741.1 THE BANK OF LANDISBURG, RONALD B. CLIPPINGER, Plaimiff CL1PP1NGER and NANCY K. Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5870 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO: Pennsylvania State Bank ¢/o Bruce D. Foreman, Esquire 4409 N. Front Street Harrisburg, PA 171 l0 No. 2000-1288 Thomas Day, Jr. Susan K. Day c/o Mark A. Denl~nger, Esquire 10 E. High Street Carlisle, PA 17013 No. 20004868 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 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 NOTICE OF SHE, RIFF'S SALE AND DIVESTITURE OF LllrNS 008482-00055/3.18.02/RWS/KL'F/'154741.1 Lee M. Diehl 408 Franklin Street Carlisle, PA 17013 No. 1998-05278 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 rea/estate owned by the above-named Defendant against the land owned by the Defendant at 347 West North Street, Carlisle Borough, Cumberland County, Pennsylvania, and more fully described in the exhibit attached hereto, will be divested by a Sheriffs 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 Sheriffs 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 Sheriffs Sale. 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 unles~ someone objects by filing exceptions to it within ten (I0) 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, 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 008482-00055/3.18.02/RWS/KLT/154741.1 EXHIBIT "A" ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, on the North side of West North Street, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by I2 foot wide private alley; and on the West by property now or formerly of Lee M. Nickey. CONTAINING 15 feet more or less, in front on said West North Street and extending at an even width a distance of 120 feet in depth to the private alley aforesaid. ltAVING thereon erected the western one-half of a double two story frame dwelling house known as and numbered 347 West North Street. BEING TIlE SAME PREMISES which Susan K. Wagner now known as Susan K. Shellenberger, by her deed dated December 15, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 132, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. SEIZED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. PARCEL NO. 05-20-1798-187 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~ is the grantee the same having been sold to said grantee on the 5_.~_~ day of June A.D., 2002, under and by virtue ora writ _Execution issued on the 7t__hh day of March, A.D., 200~2, out of the Court of Common Pleas of said County as of~ivil Term, 2001 Number 5870_, at the suit of Bank~ against Ronald B Clippinger & Nancy K is duly recorded in Sheriff's Deed Book No. 252, Page 3757 IN TESTIMONY WHEREOF, I have hereunto set my hand office" ,a-~ ~ , and seal of said m~s & day o~q~7' A.D. 20a~. The Bank of Landisburg VS Ronald B. Clippinger and Nancy K. Clippinger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5870 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 true 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 2:50 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 of Ronald B. Clippinger and Nancy K. Clippinger located at 347 West North 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 a.nd legal notice had been given according to law, exposed the within described prennses 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 SheriffR. Thomas Kline, the sum of $697.49, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 13.68 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 6.90 Certified Mail .86 Levy 15.00 Surcharge 30.00 Law Journal 256.10 Patriot News 193.75 Share of Bills 25.20 Disthbution of Proceeds Sheriff's Deed 25.00 29.50 $697.49 paid by attorney 07/11/02 Sworn and subscribed to before me This · -day d t Prothonotary So Answers: R. Thomas Kline, Sheriff Real Estate Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OFPENNSYLVANI:4)' NO 01-5870 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. CLIPPINGER, 351 W. NORTH ST., CARLISLE PA 17013. ( 1 ) You are directed to levy upon the propetXy of the defendant(s) and to sell REAL ESTATE LOCAED AT 347 W. NORTH ST., CARLISLE (SEE ATTACHED LEGAL DESCRIPTION.) (2) Y°u are als° directed t° at~ach 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) Ifpr°perty °f the defendant(s) n°t 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 gam/shee and is enjoined as above stated. Amount Due 62,089.10 L.L. $.50 Interest 10/V01 - 6/5/02 $3,690.24 DueProthy $1.00 Atty's Corem % Other Costs Arty Paid $119.25 Plaintiff Paid Date: MARCH 7, 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. 18039 CURTIS R. LONG Prothonotary, Civil Division Real Estate Sale #64 On March 15, 2002 the sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA known and numbered as 347 West North Street, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2002 meal Estate Deputy 008482-00055/2.13.02/RWS/KLT/154?23.1 THE BANK OF LANDISBURG, Plaintiff RONALD B. CLIPPINGER and CLIPPINGER, Defendants NANCY K. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5870 CIVIL 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 347 West North 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 and address of Defendant(s) in the judgment: Address: 351 West North Street Carlisle, PA 17013 Nancy K. Clippmger 351 West North Street Carlisle, PA 17013 Name: Ronald B. Clippinger 0(28482-00055/2.13.02/RWS/KLT/154723.1 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 Pennsylvania State Bank c/o Brace D. Foreman, Esquire 4409 N. Front Street Harrisburg, PA 17110 Thomas Day, Jr. Susan K. Day c/o Mark A. Denlinger, Esquire 10 E. High Street Carlisle, PA 17013 Vincent H. Gettel Shirley Ann Gettel P.O. Box 85 Spring Run, PA 17262 First Union National Bank 123 S. Broad Street Philadelphia, PA 19109 Chester W. Schlusser, Jr. Barbara L. Reisinger Chester W. Schlusser, Sr. c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 Lee M. Deihl 408 Franklin Street Carlisle, PA 17013 Name and address of the last recorded holder of every mortgage of record: Name: Address: The Bank of Landisburg P.O. Box 179 Landisburg, PA 17040 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 008482-00055/2.13.02/RWS/KLT/154723.1 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: 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 true and correct to the best of my personal knowledge or infonmtion and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to nnsworn falsification to authorities. DATE: JOHNSON, DUFFLE, STEWART & WEEDNER BY: Richard W. Stewart Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ED No. 18039 Attorneys for Plaintiff )08482-00055/2.'13.02~RWS/KLTf'~ 54'725. THE BANK OF LANDISBURG, RONALD B. CLIPPINGER, Plaintiff CLIPPINGER and NANCY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5870 CIVIJ~ ACTION - LAW IN MORTGAGE FORECLOSURE FILE NOTICE OF SHERIFF'S SALE · OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: RONALD B. CLIPPINGER and NANCY K. CLEPPINGER Your real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 347 West North Street, Carlisle, Pennsylvania is scheduled to be sold at Sheriffs Sale on June 5, 2002 at 10:00 o'clock a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $62,089.10 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: 347 West North Street, Carlisle, Pennsylvania 17013 THE PROPERTY IS IMPROVED WITH one-half of a double two story franae dwellin~ house THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-5870 Civil Term 2001 in the Court of Common Pleas of Cumberland CounW, 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 008482-00055/3.4.02/RWS/KLT/154725.1 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 TillS 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 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 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) 240-6390. 2. You may be able to petition the Court to set aside the sale if the price was grossly inadequate compared to of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fred out if this has happened you may call the Sheriff of Cumberland County at (717) 240-6390. 5513.4.02IRWS/KLTI154725.1 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 may be entitled to a share of the money which was paid for your property. A schedule 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 receiv/ng 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 in,mediately 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 OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 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-O005513.4,021RWSIKLTI154725.1 EXHIBIT "A" ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, on the North side of West North Sta'eet, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by 12 foot wide private alley; and on the West by property now or formerly of Lee M. Nickey. CONTAINING 15 feet more or less, in front on said West North Street and extending at an even width a distance of 120 feet in depth to the private alley aforesaid. HAVING thereon erected the western one-half of a double two story fi-amc dwelling house known as and numbered 347 West North Street. BEING TItE SAME PREMISES which Susan K. Wagner now known as Susan K. Shellenberger, by her deed dated December 15, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 132, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. SEIZED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, udgm, ent debtors and real owners. PARCEL NO. 05-20-1798-187 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: 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 tree. REAL E~TATE SALE NO· 64 Writ No. 2001-5870 Civil The Bank of Landisburg VS. Ronald B. Clippixlger and Nancy K. Clippinger Atty.: Richard Stewart EXHIBIT "A' ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, on the North side of West North Street, Cumberland County, Penn sylvania, bounded and described as follows: ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by 12 foot wide private alley: and on the West by property now or formerly of Lee M. Nickey. CONTAINING 15 feet more or less, ii1 front on said %'est North Strcet and extending at an even width a SWORN TO AND SUBSCRIBED before me this 10 dayof MAY, 2002 Sc~, juo~ment aebtors and real own PARCEL NO. 05-20 1798 187. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct 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-New~ 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. ~-~worn to al~laa~ll~ibed ~_foj/~, ~qe this ~h J~ay 2002 A.D. [ MyCommlsslonE~msJune6,2~2 [ -- NOTARY PUBLIC Mem~r, P~n~anla ~atmn ot ~ My commission expires June 6, 2002 PUBLICATION COPY S A L E #64 REAL ESTATE ~LE No.~4 ThenankdL~ ~ N~ by 12 f~ w~ ~ ~; ~ ~ ~ CO~G 15 f~ ~ ~ ~, in ~t ~ ~ 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 $ 192.00 $ 1.75 $ 193.75 ~s~r~.~n;~b0~=~ Publisher's Receipt for Advertising Cost ~ ........................ pubrisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~ ~" ~ ~ s~=~,~ ~ ~ ~ receipt of the aforesaid notice and publication costs and ceAifies that the same have R~d B. Cli~n~ ~ N~ ~ ~i~, By .................................................................... ~ h~. T~ P~ No,: ~-~1798~ 87.