HomeMy WebLinkAbout01-5871O08482.00055110.3.011RWSIDCPI150455
THE BANK OF LANDISBURG,
Plaintiff
RONALD B. CLIPPINGER and NANCY K. :
CLII'PINGER, :
Defendants
IN THE cOURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
INMORTGAGEFORECLOSURE
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 attomey 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 fights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
O08482.00055110.3.011RWSIDCP I1504 55
THE BANK OF LANDISBURG,
Plaintiff
RONALD B. CLIPPINGER and NANCY K. :
CLI?PINGER, :
Defendants :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.0/- ' 71
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
COMPLAINT
1. The Plaintiff, The Bank of Landisburg, hereinafter sometimes called Mortgagee, is a banldng 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 163 West Chestnut Street, Carlisle,
Pennsylvania.
4. The land is described in Exhibit "A", attached hereto and made a part hereof by reference.
5. On May 7, 1999, in consideration of the loan of Thh-ty-Two Thousand and 00/100 ($32,000.00) 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 7.25% 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 Seventy-Five and 68/100 ($375.68)
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 1540, Page 796 and re-recorded in
Mortgage Book 1634, Page 33. A copy of said mortgage is set forth in Exhibit "B" attached hereto and made a part hereof
by reference.
008482-00055/'~ 0.3.011RWSlDCPI150455
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 7, 2000.
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 $ 31,198.28
Interest through 10/1/01
at 7.25% 3,605.54
Late fees 450.72
10% Attorney's collection fee 3,525.45
TOTAL $38,779.99
9. The Defendants are not a members of the Armed Forces of thc 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 Thirty-Eight Thousand
Seven Hundred Seventy-Nme and 99/100 ($38,779.99) Dollars, together with interest thereon at the rate of 7.25% per
annum from October 1, 2001.
JOHNSON, DUFFLE, STEWART & WEIDNER
Richard W. Stewart
Johnson, Duffle, Stewart & Weidner
Third and Market Streets
Post Office Box 109
Lemoyne, Pennsylvania 17043
717-761-4540
Attorneys for Plaintiff
008482-00055/10.3.01/RWS/DCP/150455
ALL THAT CERTAIN lot of ground with improvements thereon erected situate in the Third Ward of the
Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the North line of Chestnut Street at the West line of property formerly owned by
James McElwee; thence westerly along the said Chestnut Street, a distance of 60 feet to a point at line of property
formerly of John Bishop; thence extending northerly at even width of a distance of 120 feet to the line of property
formerly of the heirs-at-law of J.D. Zimmerman, deceased and having thereon erected a two story frame stable or shed
known as 163 Chestnut Street, Carlisle.
BEING THE SAME PREMISES which Ronald B. Clippinger, by his deed dated May 7, 1999, and recorded
in the Office of the Recorder of Deeds of Cumberland County in Deed Book 199, page 225, granted and conveyed unto
Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein.
RON~D B. CLIPPINGER and NANCY K. CLIPPINGER, his wife, of Car~sl~
C~erland County, Pennsylvania
of Ca~li~ler Cure.land Coun~yt venns~vaniar bounded and de~cnibed
{con~inued on back)
1540~ ,796
E~{IBIT "B"
BEGII~riNG at a point on the north line of C~estnut Street at the
Wes~ line of property formerly owned by Ja~es McEl%~e; thence ~sterly
'~o~g the said (/%estnut Street, a distance of 60 feet to a point at the
lin~ of property fo~,~rly of John Bishop; thence extending northerly at
even width of a distance of 120 feet to the line of property fo£~,~rly of
the h~irs at law of J. D. Z~.t%~rman, deceased and having erected a two
story fr~L~ semhle or shed known as 163 Chestnut Street, Carlisle.
t
~W. TNG the same property which Ronald B. Clippinger granted and conveyed
to ~Lld B. Clippinger and Nancy K. clippinger, his wife, by deed dated
May 7, 1999 and recorded in the Office of the Recorder of Deeds for Cumberland
G~unty in Deed Book 199, Page 225.
The undersigned, RONALD B. CLIPPINGER AND NANCY K. CLIPPINGER. his
wife, hereby acknowledges a mortgage to BANK OF LANDISBURG, dated May 7, 1999, in the
amount of $32,000.00. Said mortgage is being rerecorded to include the legal description
which was inadvertantly omitted when said mortgage was originally recorded on May 10, 1999
in Cumberland County Mortgage Book 1540 Page 796.
RONALD B. CLIPP1NGER
NANCY K. CLI~PINGER
(SEAL)
COMMONWEALTH OF PENNSYLVANIA :
: SS:
COUNTY OF CUMBF~]~qD
On this, the [ tT'r~ay of August, 2000 , be:fore me, the undersigned, a Notary. Public in
and for said State and County, personally appeared RONALD B. CLIPPINGER AND NANCY
K. CLIPPINGER, his wife, known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My~c~mmission expires: ' ·
/'-'M LJtq
N~tarial Seal
Betzi A. Morrison, Notary Pul:[[c
Carlisle Boro Cumberl~,~l County
My Commission Expires Dec. 15.2000
Member, Penns~tanla Association ol
PROVIDED, HOW~:VL~R, that in case o~fauh at any time, in payment of said principal o...~'or sum, or.of interest ot charges or
,pte?...i,.ual o~ i~nce, or of any ~n thereof, when due and ~yabie res~tlvely, by the terms and conditions of ~id obligation ~or ~e
s~ o~ ~en~ (20) da2s as a[ote~id, ot in the ~dotmance o[ an~ o~ the covenants as to [i~ insurance, lanes ot water and ~we¢ ~nts
ot ~tg~ o¢ c~ ~ afo~id, the whole o~ ~id gtinci~i debt o~ sum and imetest then unpaid, shall theteu~n ~come due aaa ~able
~d an ~i~ oE mo~ge ~o~losute ma~ be commenced fonbwi~ on ~hls Mortgage and ptose~ced to judgment, ex~utlon and ~le
· e ~ll~;on of the whole ~ount of the ~id pdnc[~l debt and/o~ inte~st thereon remaining unpaid, together with all p~miums of
i~n~, t~ and water and ~wet ~nts ~id, fees, costs and ex~nses o[ such precedings, together with an a~orney's commission o{
t~ ~r c~mm (10~). All errors in ~id pre.dings, together with sta~ of, or exemption, or extension of time o{ ~ymem, whi~ ~y
~ given by ~y A~ or Ads of ~mbly, now tn {o~e, or whl~ may ~ enacted her~fter, are ~eteby forever waived and tel~.
In ie ev~t o[ ~e ~in8 of ~ ot any ~ion o{ ~e ptemlses in any pr~eedlngs under the ~wet o[ eminent domain, ~e enti~
award ~de~ ~ ~ Pz~ss s~U ~ ~id to Mon~gee, to ~ applied toward reimbursement nE all costs and ei~n~s 9[
~ m~ion wi~ ~id p~di~, and toward the ~ymeut o{ all amounts ~yable by Mo~gagot to Mo~gag~ he.under, and
· e ~y~nt of ~e i~eb~ness ~ted hereby, ot any ~ion thereof, whether or not then due ot payable, or Mo~gag~ at its option,
~y a~ly ~id award, or snf ~ ~e~of, to ~e re.ir ot mbui~dlng of ~id premises.
~O pROVID~ further that it is thereby and hereby expressly agr~d that in the event of any brach br Mortgagor of any covenant,
c~dition, or ~teement of ~id ~it~ obligation, ot nE this Mo~gage, it shall ~ lawful [or the Mo~gagee to enter upon all and slngulat the
lands, ~Hdings and premi~ he.in ~ni~latly descried ~na by this Indenture mortgaged, together with the he~dltaments and sppu~enances,
~d ~h ~d eve~ ~ thereof, ~d to take ~s~ssion of ~e ~me and o{ the {ixtures, nppllnnces and equipment theteln comain~, and to have,
hotS, ~,n-~e. I~ in the Moment nc any other per~n ot ~t~ns, u~ and o~rate the same in such ~rcels and on ~ch terms and ~or
tach ~ti~ of time as MoP.gee may d~m proper in the ~le discretion of Mortgagee, the Mo~gagot agreeing that Mo~gngot shall and
~iB, ~henevet t~uested by Mop.gee so to do, ~sign, transfer and deliver unto Mo~gagee, any lease or sublease; and to collect and r~elve
~ ~nu, i~es ~d pm{au o[ ~e ~id mortgaged premiss and eve~ part theto~ for which ~is Indenture shall ~ a sufficient war.at
wh~er or not such 1~ or subl~ h~ ~n assigned to Mo~agee, and to make from time to tlme, nH alte~tlons, ~novatlons,
and ~l~ts thegn as ~y ~em judicious m Mo~gngee, and steer deducting the cost o{ any or all such directions, tenovatlons,
~d ~ts and ~ incident to ~kln8 ~d t~lnlng ~ssesslon of the mo~gaged pm~ and the management end
· e~f, ~d k~ping ~e ~me pto~ insured, to apply the residue of such rents, issues and profits, if any, arising ~ afore~id, to ~e
~ym~t of all ~xes, c~rges, c~i~, as~ssmen~, water and ~et rents and any other liens ~at may ~ print in Ilea or ~yment m the
pt~cJ~ debt ~ by ~ll Inden~re and p~mlums for said insurance, with interest thet~n, ot to the interest and princ]~l due and
~ ~ ~b Ingrate of Mo~gage, with ali costs and nttom~'s f~s, In such order ot pdorJ~, ss Mortgagee, in the ~ie di~ion of
Mon~, ~Y d~ermine, any suture, law, ~stom ot u~ to ~e cont~, no~ithstandlng; it ~ing exptessJ~ ng~, however, that the
~ag o{ ~ion ~ Mo~gag~ under this ~tovlslon shall not telleve any default which may have been ma~e by Mo~r, or prevent the
enfo~ement of any o{ the remedies by thb Indenture, or by ~ld r~it~ obligation, provided in case o~ such default; ~d it is fu~er
~pressly undet~ ~d sgr~ ~at the ~medles by this Indenture and ~id recited obligation provided for the enfo~ement o~ the ~vment
of ~e prlnci~l ~m hereby ~ted, with any additions thet~o as above pmvlded, together with interest ~her~n, ~ he~in~fo~
and for the ~rfor~nce of ~e ~ve~nts, conditions and agreements, matters and things herein contained, or by this Indenture ~fet~ to,
a~ ~mulative and ~nmrrent and ~ ~ pur~ sln81~ ot succ~sively or together at the sole discretion of the Mo~, and ~y
~etc~ ~ often ~ ~Jon ~et~ot ~H
~D for ~e pu~ of ~rlng ~id ~s~ion of ~id moagaged premiss to Mortgagee, in the e~ent o{ an~ b~ch ~
Mo~gor d~ he~ suthori~ and em~wer any a~orney o[ any Court o~ Common Pl~s in any County of the Commonw~lth of Penn-
srlvanb, or of any ~het c~ ~ere or eJ~whete, ~ attorne~ for Mortgagor, as well ns ~or all persons claiming under, by, ot through
Mon~gor, to si~ an agr~ment for entering in any comment court an amiable action in element [or ~ssesslon of the p~mi~s mo~gaged
by ~is Indenture, to~het wi~ the het~i~ents and appu~enances as well ns all fixtures, appliances and equipment o[ any nature what~-
~er, now or he~[~/ ~s~led u~n or in ~id mon~ged pto~ (without any stay of ex~ution or ap~l), against ~Jd Mo~gor,
well as nil ~r~ns claiming under, by, ot through Mortgagor and therein confess judgment for the r~ove~ by the Mortgag~ o[ the
of the ~id mo~g~ premiss tog~et with ~e he~dit~ents and appurtenances, ns well ss all Hxtutes, appliances and ~uipment o[ any
nam~ what.et n~ or he~ftet i~lled u~n ot in ula mon~ged propers, for which this Indenture (or copy thereof verified br
davit) s~ll ~ a mf[iclent war.at; wher~n ii the Mongag~ ~ desires, a ~dt of Possession may ~ issued Ionhwlth, without any print
welt or p~d~ w~r, MoaP~oi hereby telling and ngt~ing to telea~ the Mop.gee from ~11 errors and de[~l what--er
~r~g m~ anion and/or jud~ent and in ~uslng such writ or writs to ~ issued, and in any preceding ther~n or concerning the
and here~ agr~g ~t no writ of ermt or obj~ion shall ~ made or taken thereto, pmvlded that the Mortgagee shall have ~iled in such
~ioa an affidavit by it, ot ~me one on ~hal[ of Mortgagee, ~ing fo~h the fans necessa~ to authorize the ent~ o{ such judgment,
according to the terms of this Indenture, o{ whi~ [sou such affidavit shall ~ conclusive evidence.
PROVID~ AL~AYS, N~EK~E~SS, that if thc ~id Mo~gagor, Mortgagor's heirs and assigns, shall and do well and truly pay or
to ~ ~id unto the ~id Mon~gee, its successors and assigns, the aforesaid debt together with imetcst as aforesaid, as set {onh in the condition
of ~is obli~ion, and d~s fu~her uthfy and di~harge the same, and the premiums of insurance aforesaid, and huther will, deleing
and ~e~ y~r of the continuance o[ this Mon~ge, comply with all conditions and tequlremenu for ot in tes~ct to ali razes, water and
~er ~ts, charges or claims ~ afo~uld, all o{ which the ~id Mortgagor, for Mottgagor's heirs and assigns, hereby expressly covenants,
agr~ to do and ~dorm, then and from thenceforth, as well this present Indenture, and the estate hereby granted, as the ~id t~ited obliga-
tion, ~ ~ome void o[ no offS, an~iag heteln~fo~ confined to the contn~ no~Jthstandlng.
~ PROVID~ ~, and it b he.by and ~e~ expressly covenanted and agr~d that in the event there is more than one
~ ~med heteln ~ a Mon~gor, the sln~[ar word "M0~got", wherever occuring herein, shall ~ d~med and taken to m~n the glu~l.
A~ p~OVIDED ~R~ ~t ~I g~n~, ~venants, waivers, options, stipulations, promises, undennklngs, agr~ments, and rights and
~neflU given to, and obli~tions ot llabilitles'lm~d u~n, ~ch and all of said panles hereto shall inure to and bind them joindy and
~e~ly ~d its, his, her and ~elr, and ~ch of their resp~tlve, belts executors, adminlstratots, successors sad assigns.
IN wITI'n'F.3S WHI:ILEOF, the said Mortgagor has hereunto set hand and seal the day and year first abo~e wrlrten.
Commission ~xpires:
I hereby ce~if¥ that the pteche a~dtess o! the Mortgag~ herein is
?. 0. Bo× 60
Shermans Dale, PA 17090
Artomey for Mort~z~
COMt, ION~EALTH OF PENNSYLVANIA
..?
· ~,: ~ ,,~.'
C~rlisi~, PA this ~ day of~~ ~ v
~~ R~rder~~
RECORDED in the Office for Recording of ,Dee(h~ Mortgages,. etc., in and tot the ~n~ of
WI~ESS ~W HA~.'~d ~1 of Off ce this .......... - ........ ~V of -% ' ~
- t540 .799
, BOO~ ~AGE
).3.011RWSIDCPI150455 · i
VERIFICATION
I, RItONDA M. ItAAS, 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
~ 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.~IAAS
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-05871 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
says, the within COMPLAINT - MORT FORE was served upon
CLIPPINGER RONALD B the
DEFENDANT at 1800:00 HOURS,
at 351 WEST NORTH STREET
CARLISLE, PA 17013
NANCY CLIPPINGER
a true and attested copy of
on the 12th day of October , 2001
by handing to
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 /~-> day of
;P~othonotary
So Answers:
R. Thomas Kline
lO/lS/2OOl
JOHNSON DUFFIE STEWART WEIDNER
v -DepUty gheriff ~/
~. SHERIFF'S RETURN -
CASE NO: 2001-05871 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
says, the within COMPLAINT - MORT FORE was served upon
CLIPPINGER NANCY K the
law,
DEFENDANT , at 1800:00 HOURS,
at 351 WEST NORTH STREET
CARLISLE, PA 17013
NANCY CLIPPINGER
on the 12th day of October , 2001
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff,s Costs:
Docketing
Service
Affidavit
Surcharge
6 00
00
00
10 00
00
16 00
Sworn and Subscribed to before
me this /~- day of
0 a~-~ ~l A.D.
onotary
So Answers:
R. Thomas Kllne
10/15/2001
JOHNSON DUFFIE STEWART WEIDNER
,,
eputy Sheriff
O08482-O0055/12.28.01/RWS/DCP/153207
THE BANK OF LANDISBURG,
RONALD B.
CLIPPINGER,
Plaintiff
CLIPPINGER and
Dc
fendants
NANCY K.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5871
CIVIL ACTION- LAW
IN MORTGAGE FORECLOSURE
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter judgment by default in favor of the Plaintiff, and against the Defendants, Ronald B. Clippinger and
Nancy K. Clippinger in theamount of $38,779.99 with interest at the rate of 7.25 percent per annum from October 1,
2001, and costs, by reason ~fthe failure of the Defendants to enter an appearance or to file an Answer within 20 days of
the date of service of the Complaint endorsed with a notice to defend.
It is hereby certified
Clippmger and Nancy K. C1
default occurred and at least
aforesaid notice, together wil
Dated:
that written notice of intention to file this Praecipe was mailed to the Defendants, Ronald B.
[ppinger, at their last known address on December 7, 2001; said notice being mailed after the
ten (10) days prior to the date of the filing of this Praecipe. A tree and correct copy of the
h receipts for mailing, are attached hereto and made a part hereof.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
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/152568
THE BANK OF LANDISBURG,
RONALD B.
CLIPPINGER,
Plaintiff
CLIPPIN~
TO: RONALD B. CLI1
NANCY K. CLIP
DATE OF NOTICE: Dece
YOU ARE IN D
PERSONALLY OR BY
OBJECTIONS TO THE £
FROM THE DATE OF
HEARING AND YOU M/
THIS NOTICE TO A LA~
GO TO OR TELEPHONE
Certified Mail Return Rece~
7000 0600 0025 5.~
7000 0600 0025 5
3ER and NANCY K.
ffendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5871
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
'PINGER, 351 West North Street, Carlisle, PA 17013
'INGER, 351 West North Street, Carlisle, PA 17013
nber 7, 2001
IMPORTANT NOTICE
EFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
'.LAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS
tHIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
~Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTSi YOU SHOULD TAKE
VYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
FHE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Central Pennsylvania Legal Services
213-A North Front Street
Itarrisburg, PA 17101
(800) 932-0356
pt Requested
36 0243
36 0250
JOHNSON, DUFFLE, STEWART & WEIDNER
By
Richard W. Stewart
Third and Market Streets
P. O. Box 109
Lemoyne, PA 17043-0109
(717-761-4540
Attorneys for Plaintiff
~ DOD
7000 0600 0025 5536 0243
7000 0600 0025 5536 0250
IN THE COURT OF COMMON PLEAS OF' cu~:RT
THE BANK OF LANDISBURG,
Plaintiffs)
vs
RONALD B. CLIPPINGER AND
NANCY K. CLIPPINGER
De~ndant(s)
File No. 01-5871
NOTICE OF FILING JUDGMENT
( X ) Notice is hereby given that a 'judgment
in the above-captioned matter has be~n entered against you in the ernount of
$38,779.99 on ~-~
( ) A copy of all documents filed with the Prothonotary in support of the within judgment
is/are enclosed.
Prothonotary Civil Div.
Notice sent to:
TELEPHONE NO: 717/761-a54o
(This Notice is given in accordance with Pa.R.C.P. 2363
NAME
ADDRESS
Mr. and Mrs. Ronald B.
351 West North Street
Carlisle, PA 17013
Richard W. Stewart.
301 Market Street
,,L~moyne, PA .'17043 . "'' '~"
C lipm in_~er
If you have any questions regarding this Notice, please contact the filing party:
NAIVIE:
ADDRESS:
PKAECIPE FOR WRIT OF EXECUTION--(MONEY JUDGMENTS)
· P.R.C.P. 3101 to 3149 Etc.
THE BANK OF LANDISBURG
RONALD B. CLIPPINGER and
..... 1
IN THE COURT OF COMMON PLEAS OF
CL~BERLAND 'COUNTY. PENNSYLVANIA
%¥~t No ...... .. ..................... Term, 19 ......
No 01-5871 ~35._.2_~.01
Amou,~ dun ............$ 38,779.99
Au'f, CO,~ 6/25/02
Cos,, ................ ~ ........................
To the Prothonotar7 et,eld Court: ISSUE WIUT OF ~EC~ION IN ~E ABOVE MA'A
........................................................................... D~rc.a.p~
(3) and against ._; ....... -. ........................................................ Garnishee
(4) andlndax ~d,w~ .
(,) ag~..:...R~__~..B...._.C_L_I.P._P.._I~...R....ap..'d..._N.._A~._y K. CLIPPINGER' ...
............................................................. D~l'aadant (s) and
~} ag-~n~t .... T ..................... ? .....................................................
· - .......... ' ................................................... - ..... Garni~hao
~ · Ih l~nda~s agalmt the real property of the defendant (s) In the name or.lhe Oar.hhec (s) as [nllow~: (.$p~clficall).
dc~cr~%e pt~p~rq,)
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. Clippinoer, as more
fully describedin Exhibit !~A" attached hereto and made a part hereof
by reference.
(§) ]gxe,n,[:),~on ha~ (not) b-':cn walvad.
....... .. ...... ...................
~nder garag~gh (Il wh~n ~e wrR Is directed to ~a sher~ oI Ino~er co~ty as lug~orlzed by Rule
~e ~ouniI ~ould be
~nder Rule ~103(e) a wrlt ~ed on a Iransterr~ Ju dlement may ~ dlreeled only lo the sherl~ ol the
which
~a~g~gh (3} above should be comgl~d only It a ~amed garnlshc~ Is to ba ~alu'd~d In ~e
~arlSraph (4) . (Il should ~ completed only If Index lng oI ~e exocutlon In the counly of ls3uznce~is desired
a~horlzed by ~ula ~10i(s). Wa~n the writ lssu~ lo another county lndex]n Is re
O08482-O0055/3,4.02/~WS/DCP/155309
EXHlffiIT "A"
ALL THAT CERTAIN tract 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:
ON the North by land now or formerly of Ira W. Miller; on the East by South Hanover Street; on the South by
land now or formerly of William P. Stull; and on the West by a public alley.
CONTAINING 40.5 feet in front on South Hanover Street and extending at an even width a depth of 240 feet
to said alley.
BEING improved with an apartment house and outbuilding known as 242 South Hanover Street, Carlisle,
Pennsylvania.
BEING THE. SAME PREMISES Chester W. Schlusser, Sr., by deed dated July 15, 1998, and recorded in the
Office of the Recorder of Deeds of Cumberland County in Deed Book 181, Page 511, granted and conveyed unto
Ronald B. Clippinger and Nancy K. Clippinger, Defendants heroin.
TAX PARCEL NO. 04-21-0320-448
SEZIED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K.'li~lippinger,
judgment debtors and real owners.
008482-00055/3.5.02/RWS/DCP~155309
THE BANK OF LANDISBURG,
RONALD B.
CLIPPINGER,
Plaintiff
CLIPPINGER and
Defendants
NANCY K.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5871
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SAI,F,
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129,?
TO: RONALD B. CLIPPINGER and NANCY K. CLIPPINGER
Your real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 242 S. Hanover
Street, Carlisle, Pennsylvania is scheduled to be sold at Sheriff's Sale on June 5, 2002, at I0:00 a.m. in the Cumberland
County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $38,779.99 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:
242 S. Hanover Street, Carlisle, Pennsylvania 17013
THE PROPERTY IS IMPROVED WITH an apartment house and outbuilding
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 01-5871 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
008482-00055/3.4.02/RWS/DC~/155309
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 OTI:IER 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
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.
O08482-O0055/3.4.02/RWSIDCP'I155309
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-O005513.4.021RWSIDCF~I155309
EXHIBIT "A"
ALL THAT CERTAIN tract 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:
ON the North by land now or formerly of Ira W. Miller; on the East by South Hanover Street; on the South by
land now or formerly of William P. Stull; and on the West by a public alley.
CONTAINING 40.5 feet in front on South Hanover Street and extending at an even width a depth of 240 feet
to said alley.
BEING improved with an apartment house and outbuilding known as 242 South Hanover Street, Carlisle,
Pennsylvania.
BEING TI-IE SAME PREMISES Chester W. Schlusser, Sr., by deed dated July 15, 1998, and recorded in the
Office of the Recorder of Deeds of Cumberland County in Deed Book 181, Page 511, granted and conveyed unto
Ronald B. Clippinger and Nancy K. Clippmger, Defendants herein.
TAX PARCEL NO. 04-21-0320-448
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. 4.02/RWSIDCP/155309
EXHIBIT "A"
ALL THAT CERTAIN tract 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:
ON the North by land now or formerly of Ira W. Miller; on the East by South Hanover Street; on the South by
land now or formerly of William P. Stull; and on the West by a public alley.
CONTAINING 40.5 feet in front on South Hanover Street and extending at an even width a depth of 240 feet
to said alley.
BEING improved with an apartment house and outbuilding known as 242 South Hanover Street, Carlisle,
Pennsylvania.
BEING TI:[I~, SAME PREMISES Chester W. Schlusser, Sr., by deed dated July 15, 1998, and recorded in the
Office of the Recorder of Deeds of Cumberland County in Deed Book 181, Page 511, granted and conveyed unto
Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein.
TAX PARCEL NO. 04-21-0320-448
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-O005513. 4.02/RWSIDCFf1155309
THE BANK OF LANDISBURG,
Plaintiff
V.
:
RONALD B. CLIPPINGER and NANCY K. :
CLlPPINGER~ :
:
Defendants :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5871
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 242 S.
Hanover Street, Carlisle, Pennsylvania.
Name and ad&ess of Owner(s) or Reputed Owner(s):
Name: Ad&ess:
Ronald B. Clippinger 351 West North Street
Carlisle, PA 17013
Nancy K. Clippinger
351 West North Street
Carlisle, PA 17013
Name and ad&ess of Defendant(s) in the judgment:
Name: Ad&ess:
Ronald B. Clippinger 351 West North Street
Carlisle, PA 17013
Nancy K. Clippinger
351 West North Street
Carlisle, PA 17013
propm'ty to be sold:
Name:
The Bank of Landisburg
Name and last known ad&ess of every judgment creditor whose judgment is a record lien on the real
Ad&ess:
P.O. Box 179
Landisburg, PA 17040
008482-00055/3.4.02/RWS/DCP'/155309
5o
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
Chester W. Schlusser, Sr.
c/o Robert G. Frey, Es~luire
Frey & Tiley
5 S. Hanover Street
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:
O08482-O0055/3.4.02/~WS/DCP'/155309
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
~ch~rd W. Stewart
Johnson, Duffle, Stewart & Weidner
301 Market Street
Lemoyne, Pennsylvania 17043
717-761-4540
Attorney ID No. 18039
Attorneys for Plaintiff
O08482-O0055/3.4.021RWSIDCP/155309
THE BANK OF LANDISBURG,
Plaintiff
RONALD B. CLI~P1NGER and NANCY K. :
CLIPPINGER, :
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5871
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
COUNTY OF PENNSYLVANIA :
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 Sheriffs Sale in the above matter on
~ C~¢C¥~, I B , 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 Slreet
Hamsburg, 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
O08482-O0055/3.4.021RWSIDCP/155309
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
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 ~D~SLrBSCRIBED
beforej~ae t.h,e. ~ day
of }'~,0~,, ~ ,,,2002.
Notary Public
~' 15dC~A~D~. STEWART
008482-00055/3.4.02/RWS/DCP/155309
THE BANK OF LANDISBURG,
Plaintiff
RONALD B. CLIPPINGER and NANCY K.
CLIPP1NGER,
Defendants
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5871
C1VIL ACTION - LAW
IN MORTGAGE FORECLOSURE
TO:
NOTICE OF SHERIFF'S SALE AND
DIVESTITURE OF LIENS
Pennsylvania State Bank
c/o Bruce D. Foreman, Esquire
4409 N. Front Sheet
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
Mortgage Book 1468, Page 330
No. 1999-7107
Thomas Day, Jr.
Susan K. Day
c/o Mark A. Danlmger, 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
O08482-O0055/3.4.02/RWSlDCPI155309
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 242 S. Hanover 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 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 Sheriffs 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 tiled 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, 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
008482-00055/3.4.02/RWS/DCP/155309
EXHIBIT "A"
ALL THAT CERTAIN tract 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:
ON the North by land now or formerly of Ira W. Miller; on the East by South Hanover Street; on the South by
land now or formerly of William P. Stull; and on the West by a public alley.
CONTAINING 40.5 feet in front on South Hanover Street and extending at an even width a depth of 240 feet
to said alley.
BEING improved with an apartment house and outbuilding known as 242 South Hanover Street, Carlisle,
Pennsylvania.
BEING THE SAME PREMISES Chester W. Schlusser, Sr., by deed dated July 15, 1998, and recorded in the
Office of the Recorder of Deeds of Cumberland County in Deed Book 181, Page 511, granted and conveyed unto
Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein.
TAX PARCEL NO. 04-21-0320-448
SEZIED, taken in execution and to be sold as the propc~-ty of Ronald B. Clippinger and Nancy K. Clippinger,
judgment debtors and real owners.
The Bank of Landisburg
VS
Ronald B. Clippinger and
Nancy K. Clippinger
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-5871 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Richard Stewart.
Sheriff's Costs:
Docketing 30.00
Surcharge 30.00
Posting Handbills 15.00
Law Library .50
Prothonotary 1.00
Share of Bills 25.20
Mileage 6.90
Levy 15.00
Advertising 15.00
Certified Mail .86
Poundage 11.69
Law Journal 251.45
Patriot News 193.75
$596.35
paid by attomey
5/29/02
Sworn and subscribed to before me
This q r~ dayof~
2002, A.D. ~. ~ ~'
/ !
Prothonotary
R. Thomas Kline, Sheriff
Real Esfate Deputy
008482-00055/3.4.02/RWS/DCP/155309
7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the
property which ;nay 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
ioformation 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
THE BANK OF LANDISBuRG,
RONALD B.
CLI!'?INGEp,,
Pla/ntiff :
CL/~P/NGER- and NANCy K. :
Defendants :
NO. 01-5871
CIVIL ACTION _ LAW
MORTGAGE FORECLOSUR~
TO: RONALD B. CL/~PINGER and NANCy K. CLIPPINGER
Your real estate situate in the n .....
Street, Carlisle, Pennsylvania is -~,,~ uugn of Carlisle, Cumberland County, Pennsylvania, known as 242 S. Hanover
scheduled to be sold at Sheriffs Sale on June 5, 2002, at I0:00 a.m. in the Cumberland
County Courthouse, Car/is/e, Pennsylvania
Landisburg against you. to enforce the Court Judgment of $38,779.99 obtained by The Bank of
THE PROPERTY TO BE SOLD is delineated in detail in a legal de
!he measured boundaries of the property, together ~.,_ . seripfion mainly c,,ns-'--' ~
erected on the land, wma a ~r/ef me ~.... -~ ...... v ~rmg Oza statement of
attached hereto as Exhibit n ..... u~ [ne um~dmgs and other ,.,~;... :_
"A" and made a part hereof by reference. '""J'" ~mprovements
THE LOCATION of your property to be sold is:
THE PROPERTYiS/MPROVED W/TH.~ anarh-~. - ~
THE JUDGMENT under or pursuant to whmh your property is being sold is docketed to'
The name and address ofthe OWner or renute ,., .... ~.,_. ·
· . · -~- d .... ~ uxt[ns property is:
out the
apared to
find out if
,roperty as if
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 01-5871 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due THE BANK OF LANDISBURGPLANTIFF(S)
From RONALD B. and NANCY K. CLIPPINGER, 351 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 242 S. HANOVER ST., CARLISLE PA 17013 (SEE ATTACHED 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 garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined
from paying any debt to or for the account of the defendant (s) and from delivering any property of the
defendant (s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $38.779.99
Interest 10/1/01 - 6/5/02 $1,912.08
Atty's Corem %
Atty Paid $119.25
Plaintiff Paid
L.L. $.50
Due Prothy $1.00
Other Costs
Date: MARCH 8, 2002
REQUESTING PARTY:
Name RICHARD W. STEWART, ESQ.
Address: 301 MARKET ST.
LEMOYNE PA 17043
Attorney for: PlaINTIFF
Telephone: (717) 7614540
Supreme Court ID No. 18039
CURTIS R. LONG
Prothonotary, Civil Division
Hutchinson, Tina
From:
· Sent:
To:
Subject:
Jane B. Hoover i'j.b.hoover@pa.net]
Friday, March 15, 2002 10:10 AM
Hutchinson, Tina
Re: Questions for Saturday
Hi Tina,
The upcoming specials are; April is triple hostess credit with the
customer
special, purchase the open weave entertainment basket and get the
plastic
divided liner/protected free ..... they save $25.99 on the liner. May's
customer special, is buy the 12 inch oval baker and get the 12 inch
oval
baker basket in fruit wood free .... they save $39.99 on the basket. I
don't
know what June's special is yet. Also, by holding a show, April, May or
June they will beable to come to my hostess appreciation Bingo.
I have several pieces of the "01d Gloryware" in my kit that I will bring
tomorrow. Regarding the cheese basket, which one is she interested in?
The
one with the swing handles or without.
Looking forward to seeing you tomorrow, thanks for writing and please
don't
hesitate to write with anymore questions. Jane
..... Original Message .....
From: Hutchinson, Tina <thutchinson@CCPA.net>
To: <j.b.hoover@pa.net>
Sent: Friday, March 15, 2002 9:07 AM
Subject: Questions for Saturday
· Hi Jane,
> Just a few questions for you regarding Saturday:
· - I have' someone interested in booking a show but she would like to
know
· what specials are in what months before she commits herself to
booking.
> Could you please email me a list of the upcoming months with the
specials?
· And which months (if any) are double or triple hostess credits. I
remember
· the triple credits are coming up but I told her that wasn't a very
good
> customer special month. She seems more interested in having a good
customer
> special.
· - I have someone interested in the red, ~i~~ pottery that was
the
· postcards that were sent out, but she is hopping ~ s a sample of
something
· on Saturday. Do you have any of t~%~ieces th~.'~/ could bring?
Real Estate Sale #65
On March 15, 2002 the sherifflevied upon the
defendant's interest in the real property situated in
Borough of Carlisle, Cumberland County, PA known
and numbered as 242 South Hanover Street, Carlisle
and more fully described on Exhibit "A" filed with
this writ and by this reference incorporated herein.
Date: March 15, 2002
THE PATRIOT NEWS
THE SUNDAY PATRIOTNEWS
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
· - 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.
COPY ~~j SwOr~e to er~rlibed~etor' r~t~his ~ d~Ma_Y ~ A.D.
H
am~u~, ~u~n ~/ -
s A L I
I
i
NOTARY
PUBLIC
M~r, P~n~ ~t~ U ~s My ~mmissJon expires June 6, 2002
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
Publisher's Receipt for Advertising Cost
publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
c~rcu on, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
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 thc said Cumberland Law
Joumal 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 ~a~LE NO. 65
Writ No. 2001-5871 Civil
The Bank of Landtsburg
Rona/d B. Clippinger and
Nancy IL Clippinger
Atty.: Richard Stewart
EXHIBIT
ALL THAT CERTAIN tract 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:
ON the North by land now or for-
merly of Ira W. Miller; on the East
by South Hanover Street; on the
South by land now or formerly of
Wtlliara p. Stuli; and on the West by
a public alley.
._ C~ONTAININCr 40.5 feet in front
Roger M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
10 day of MAY. 2002
Rf~ALD B. CLIPPINGER and
NANCY K. CLIPPINGER
PRAECIPE FOR WKIT OF EXECUTION ~ (MONEY ;~UDGMENTS)
· P.R.C.P. 3101 to 3149 Etc.
THE BANK OF La~ISBURG IN THE COURTOF COMMON PLF. A~ OF
~"-' ...................................... C~E~ 'COUNTY, PENN-~Y~VANIA
' 97Z752
Att':,'~ C~m... ' '
Corn ............... $ ......................
To Ih~ Pmthonot~ryo~.zld C~urt: I$$UEWILITOF EX~,C%rFION IN THE ABOVE MA'I
(]) D;rccted 1o the Sh=~[/o[ ~'q]~ '~
(;) ,:.~, _.___.R~LD. B. CLIPPING~R and NANd~ K. CLIPPINGER
(4) ~ud h~ ~ wdt ' RONALD
(~) ,4~t ..: ..... B. CLIPPINGER ar~ NANCY K. CLIPPINGER' _.
-----~ ..................................................... l~t,.nd,nt (,) ~.d
~) ~.,, ...............................................................................
· - ..........r ................................................... ; .... O~mishee (,),
m · Ils i~.nd~n~ M&$n. th~ r~al property o1' t]]~: defendant [ s) In th~ ~zm~ of.the Oamhb~ (s) as tnllow~: (-$p~cii'ically
d=cn'b= properly)
Levy upon and sell all that certain tract of real estate situate in
Carlisle BorouDh, Cumberland County, Pennsylvania, owned by the
Defendants, Ronald B. C]~ppin~er and. Nancy K. C]~?pinDer, as more
fully describedin Exhibit ~"4%" attached hereto and made a part hereof
Dated ..... ; ..................
" ...... ........
1= which Isled.
~nara[r~Ph (~,) ' (~) should b~ comple[~d only Il Index nI ol ~ execution la he rounly of fzsuznce~ ts de,red Is
008482-00055/5.29.02/RWS/DCP/155309
THE BANK OF LANDISBURG,
RONALD B.
CLIPPINGER,
Plaintiff
CLIPPINGER and NANCY
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5871
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 163 Chestnut
Street, Carlisle, Pennsylvania.
Ronald B. Clippinger
Nancy K. Clippinger
Name and address of Owner(s) or Reputed Owner(s):
Name: Address:
351 West North Street
Carlisle, PA 17013
351 West North Street
Carlisle, PA 17013
Ronald B. Clippinger
Nancy K. Clippinger
Name and address of Defendant(s) in the judgment:
Address:
351 West North Street
Carlisle, PA 17013
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
008482-00055/5.29.02/RWS/DCP/155309
Pennsylvania State Bank
c/o Brace D. Foreman, Esquire
4409 N. Front Street
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
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
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
Raymond E. Diehl
Genevieve A. Diehl
c/o Michael J. Hanfi, Esquire
19 Brookwood Avenue, Suite 106
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 eve~ 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:
008482-00055/5.29;02/, RWS!DCP/155309
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
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
717-761-4540
Attorney ID No. 18039
Attorneys for Plaintiff
O08482-O005515.29.02/RWSIDCPI155309
THE BANK OF LANDISBURG,
RONALD B.
CLIPPINGER,
Plaintiff
CLIPPINGER and NANCY
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5871
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NOTICE OF SHER~'F'S SAI,E
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.7,
TO: RONALD B. CLIPPINGER and NANCY K. CLIPPINGER
Your real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 163 Chsetnut
Street, Carlisle, Pennsylvania is scheduled to be sold at Sheriffs Sale on September 4, 2002, at 10:00 a.m. in the
C~mberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $38,779.99 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:
163 Chestnut Street, Carlisle, Pennsylvania 17013
THE PROPERTY IS IMPROVED WITH a two story frame stable or shed
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 01-5871 Civil Term 2001 in the Court of Commnn Pleas of Cumberland County, Pennsylvania
The [tame and address of the owner or reputed owner of this property is:
Ronald B. Cli~yoin~er and Nancy K. Clippinger, 351 West North Street, Carlisle, PA 17013
008482-00055/5.29.02/RWS/DCP/155309
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 flied by the Sheriff within thirty (30) days
aRer 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 SItF, RIFF'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
To fred 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 slrike 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 m~ay 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
If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the
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.
O08482-O005515.29.02/RWS/DCPI155309
5. You may be entitled to a share of the money wh/ch 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
O~'FICE 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:May
.... 2002
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:
Richard W. Stewart
Johnson, Duffle, Stewart & Weidner
301 Market Street
Lemoyne, Pennsylvania 17043
717-7614540
Attorney ID No. 18039
Attorneys for Plaintiff
O08482-O0055/5.29.02/RWS/DCP/155309
EXIHBIT "A"
ALL THAT CERTAIN lot of ground with improvements thereon erected situate in the Third Ward of the
Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the North line of Chestnut Street at the West line of property formerly owned by
James McElwee; thence westerly along the said Chestnut Street, a distance of 60 feet to a point at line of property
formerly of John Bishop; thence extending northerly at even width of a d/stance of 120 feet to the line of property
formerly of the heirs-at-law of J.D. Zimmerman, deceased and having thereon erected a two story frame stable or shed
known as 163 Chestnut Street, Carlisle.
BEING THE SAME PREMISES which Ronald B. Clippinger, by his deed dated May 7, 1999, and recorded
in the Office of the Recorder of Deeds of Cumberland County in Deed Book 199, page 225, granted and conveyed unto
Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein.
TAX PARCEL NO. 04-21-0320-359
SEZIED, taken in execuhon and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger,
judgment debtors and real owners.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 01-5871 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, Plaintiff(s)
From RONALD B. CLIPPINGER AND NANCY K. CLIPP1NGER, 351 WEST NORTH STREET,
CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE 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 garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 attachmant 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 $38,779.99
Interest FROM 10/1/01 TO 9/4/02 - $2,613.69
Atty's Corem %
Atty Paid $743.10
Plaintiff Paid
Date: JUNE 4, 2002
REQUESTING PARTY:
Name RICHARD W. STEWART, ESQUIRE
Address: 301 MARKET STREET
LEMOYNE, PA 17043
Attorney for: PLAINTIFF
Telephone: 71%761-4540
Supreme Court ID No. 18039
Due Prothy $I.00
Other Costs
CURTIS IL LONG
Prothonotary, Civil Division
008482-00055/5.29.02/RWS/DCP/155309
THE BANK OF LANDISBURG,
Plaintiff
RONALD B. CLIPPINGER and NANCY K.
CLIPPINGER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5871
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NOTICE OF S~RIFF'S SALE AND
DIVESTITURE OF LIENS
TO:
Pennsylvania State Bank
e/o Bruce D. Forem~an, Esquire
4409 N. Front Street
Harrisburg, PA 17110
No. 2000-1288
Lee M. Diehl
408 Franklin Street
Carlisle, PA 17013
No. 1998-05278
Thomas Day, .Ir.
Susan K. Day
c/o Mark A. Denlinger, Esquire
10 E. High Street
Carlisle, PA 17013
No. 20004868
Vincent H. Gettel
Shirley Ann Gettel
P.O. Box 85
SpringRun, PA 17262
No. 2000-08283
First Union National Bank
123 S. Broad Street
Philadelphia, PA 19109
No. 2001-02455
Raymond E. Diehl
Genevieve A. Diehl
c/o Michael J. Hanf~, Esquire
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
Mortgage Book 1605, Page 70
Chester W. Schlusser, Jr.
Barbara L. Reisinger
Chester W. Schlusser, Sr.
008482-00055/6.10.02/RWS/DCP/155309
c/o Robert G. Frey, Esquire
Frey & Tiley
5 S. Hanover Street
Carlisle, PA 17013
No. 1999-7107
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 163 Chestnut 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 September 4, 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 unless
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.
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 1'HE O~'FICE LISTED
BELOW TO FlND OUT WHERE YOU CAN GET LEGAL i~.LP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
Date.' ~_~ k3h~_ I 0,2002
JOHNSON, DUFFIE, STEWART & WEIDNER
'"lidchard W. Stewart
Johnson, Duffle, Stewart & Weidner
301 Market Street
Lemoyne, Pennsylvania 17043
717-761 4540
Attorney ID No. 18039
Attorneys for Plaintiff
O08482-O005515.29.02/RWSIDCP/155309
EXHIBIT "A"
ALL THAT CERTAIN lot of ground with improvements thereon erected situate in the Third Ward of the
Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and descr/bed as follows, to wit:
BEGINNING at a point on the North line of Chestnut Street at the West line of property formerly owned by
James McElwee; thence westerly along the said Chestnut Street, a distance of 60 feet to a point at line of property
formerly of John Bishop; thence extending northerly at even width of a distance of 120 feet to the line of property
formerly of the heirs-at-law of J.D. Zimmerman, deceased and having thereon erected a two story frame stable or shed
known as 163 Chestnut Street, Carlisle.
BEING THE SAME PREMISES which Ronald B. Clippinger, by his deed dated May 7, 1999, and recorded
in the Office of the Recorder of Deeds of Cumberland County in Deed Book 199, page 225, granted and conveyed unto
Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein.
TAX PARCEL NO. 04-21-0320-359
SEZIED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger,
judgment debtors and real owners.
008482-00055/5.29.02/RWS/DCP/155309
THE BANK OF LANDISBURG,
Plaintiff
RONALD B. CLIPPINGER and NANCY K. :
CLIPPINGER, :
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5871
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
AFFIDAVIT OF MAILING
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 Sheriffs Sale in the above matter on
,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
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
O08482-O0055/5.29.02/RWSIDCPI155309
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
Raymond E. Diehl
Genevieve A. Diehl
c/o Michael J. Hanft, Esquire
19 Brookwood Avenue, Suite 106
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 _~clay
of~ ~-]-Dt3~. r~, 2002.
Notary Public
RICHARD W. STEWART
No~4al Seal
Dada C. Parmer, Notary Public
Lemoyne Bom, Cun~erland County
My ~3mmisaton Expires Dec. 29, 2005
CERTIFICATE
CERTIFICAT1~
. RIC~IARD W. STE%
301 MARKET STRE
CERTIFICATE OF
RICHARD W.
301 MARKET STPe~
L~YNE PA 17043
VINCENT H. t~"r,'r:L & SHIRLEY ANN
PO Box 85
SPRING ~i]N PA 177&?
U.S. PO~TAL SER
CERTIFICATE OF
RICHARD W. STEWA~
301 MARKET STREET
r L~OYNE PA 17043
9~4C~4A.q DAY. ,'~. ,~ gHSAN K. DAY
C/O MARK A. DENLINGER, ESQUIRE
10 E. HIGH STREET, CARLISLE PA 17013
PS FORM
The Bank of Landisburg
VS
Ronald B. Clippinger and
Nancy K. Clippinger
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-5871 Civil Term
Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that
on June 19, 2002 at 11:35 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: 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.
Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that
on June 19, 2002 at 11:36 o'clock AM, 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.
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states
that on July 5, 2002 at 2:45 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Ronald B. Clippinger and Nancy K. Clippinger located at 163 Chestnut 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: 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 July 08,
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: 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 July 08,
2002 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Court House, Carlisle, Cumberland
County, Pennsylvania, on September 4, 2002 at 10:00 AM. He sold the same for the sum
of $1.00 to Attorney Ricihard 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 $706.77, it being costs.
Sheriff's Costs:
Docketing $ 30.00
Poundage 13.85
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library
Prothonotary 1.00
Mileage 6.90
Certified Mail 1.17
Levy 15.00
Surcharge 30.00
Law Journal 265.40
Patriot News 193.75
Share of Bills 25.20
Distribution of Proceeds 25.00
Sheriff's Deed 29.50
$ 706.77 paid by attorney
10/14/02
This lq ~ day of ~ R. Thomas Kline, Sheriff
2002, A.D. B 0
Prothonotary ' Real Estate Deputy
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 01-$871 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, Plaintiff(s)
From RONALD B. CLIPPINGER AND NANCY K. CLIPPINGER, 351 WEST NORTH STREET,
CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE 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 garnishee(s) that: (a) an attachment has been issued; (b) the garmshee(s) is 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) 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 $38,779.99
Interest FROM 10/1/01 TO 9/4/02 - $2,613.69
Atty's Corem %
Arty Paid $743.10
Plaintiff Paid
Date: JUNE 4, 2002
REQUESTING PARTY:
Name RICHARD W. STEWART, ESQUIRE
Address: 301 MARKET STREET
LEMOYNE, PA 17043
Attorney for: PLAINTIFF
Telephone: 71%761-4540
Supreme Court ID No. 18039
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothonotary, Civil Division
Real Estate Sale # 66
On June 18, 2002 the sherifflevied upon the
defendant's interest in the real property situated in
The Borough of Carlisle, Cumberland County,
PA known and numbered as 351 West North St., Carlisle,
more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: June 18, 2002
Real Estat~ Deputy
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 : rland Law Journal, of the County
_ ' e, Editor of the cu, m~e -~ o ,,s that the Cumberland
o,,oer M. Morgenthal, Esqmr!k~,,rdina to law, aeposes an~ oay County and State
_ ~'v~esald, being duly sworn, awv - ~
a legal periodical published in the Borough of Carlisle in the
and stare a~m ~ designated by the local courts as the official legal
LaW Journal, 1952, and
of all legal notices, and has, since January 2, 1952, been regularly
aforesaid, was established lanuary 2, ' r ublication attached hereto is
-. · for the publicat~n . _ the tinted notlc~ o p id Cumberland Law
prosodical .. . *~ oald county, and that. pr~.,:~.,~ and ~ssues of the sa
issued wee}cry m m~ o _ --%ted in the regular ealuu~o
exactly the same as was p,~
~ statement by the Cumberland
AffianTfurt~at he is authorized to verifY this
periodical of general circulation, and that he is not interested in the subject
Law Journal, a legal
advertisement, and that all allegations in the foregoing
matter of the aforesaid notice or
statements as to time, place and character of publication are tree.
W~t No. 2001-5871 Ci~I
~e B~ of ~dtsburg
~n~d B. Chpp~ger ~d
N~cy ~ CBPp~ger
E~BIT
~ ~T CERT~N lot of ~ound
situate in the ~ird w~d of the
Borough of c~lisle. Cumberl~d
~c~ly hounded ~d described ~
foBoWs, to ~t:
BEGINNING at a point on the
No~ ~e of Chestnut s~eet at the
West line of property formerly
o~ed by d~eS MeElwee; thence
westerly ~ong the s~d Chestnut
Street. a dist~ce of 60 feet to a
po~t at Bne of prope~ fo~er~ of
SWORN TO AND SUBSCRIBED before me this
______~_9 day of AUGUST 2002
~tr-'~e'-t',-~a dist~an~e of 60 feet to a
point at line of property formerly of
John Bishop: thence extending
northerly at even width of a distance
of 120 feet to the line of property
formerly of the heirs-at-Jaw of J.D.
Zimmerman, deceased mud having
thereon erected a two stow frame
stable or shed known as 163 Chest-
nut Street, Carlisle.
BEING THE SAME PREMISES
which Ronald B. Clippinger, by his
deed dated May 7, 1999. and re-
corded in the Office of the Recorder
of Deeds of Cumberland County in
Deed Book 199, page 225, granted
and conveyed unto Ronald B. Clip-
pinger mad Nancy K. Clippinger. De-
fendants herein.
TAX PARCEL NO. 04-21-0320-
359.
SEZIED, taken in execution and
to be sold as the property of Ronald
B. Clippinger and Nancy K. Clippin-
ger, judgment debtors and real own-
ers,
THE PATRIOT NEWS
THESUNDAY 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 ~aw, 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 ~ and
~ 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 pubJication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th
day(s) of August 2002. That neither he nor said Company is interested in the subiect matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
S A L E /t66
NP. AL E=,~TAT Ri ~Ll! NO. 66
W~ No.
C~11~1
~ Bank M ~nd~
Ro~M B. Cl~ln~ and
~nw K. Cl~pln~
N~: RMha~
D~0~
~ ~T ~ ~ of ~ w~
i~ ~ ~ s~ m~
B~
~smu~ S~
f~y ~
wc~y ~o~
to ~ linc of
law of LD. ~mm~,
~ ~ a
k~ ~ 163 C~mut S~ ~isle,
B. ~i~, ~ ~ ~ ~ May 7, 1~,~
~i~ ~d
T~ P~ NO. ~21- 03~359.
p~ of Ron~d B, ~i~u
Clippings, judger ~M~ ~ ~ ~.
Advertising
Sworn to and subscribR~
Notarial Seal I ~'-') Y ~u, t ~.D.
Te~ L. R~II, N~ Publ~
C~ ~ Harrisburg, Dau~n C~
~m~r. Penns~a ~s~n ~ ~y commission expires June 6, 2006
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
Cost
publisher of The Patriot-News and ~L~Zq~j~:~,~, newspapers of generaJ
receipt of the aforesaid notice and publication costs and certifies that the same have
COMMONWEALTH OF
COUNTY PENNSYLVANIA
OF CUMBERLAND
}SS:
I, Robert p. Zie ler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Bank of Landisbur is the grantee the same having been sold to said grantee
on the 4t__hh day of Se~ A.D., 2002, under and by virtue ora writ Execution issued on the 4t~h day of June,
A.D., 20~02, out of the Court of Common Pleas of said County as of Ci~vi/Term, 20~01 Number 5871, at
the suit of Bank of Landisbur against
Ronald B Cli in er & Nanc K is duly recorded in Sheriff's
Deed Book No. 254, Page 440.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this ~day of
__ ~d_.~ _, A.D. 2002