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HomeMy WebLinkAbout01-5872008482-00055/10.3.011RWSlDCPI150453 THE BANK OF LANDISBURG, Plaintiff RONALD B. CLIPPINGER, CLIPPINGER and NANCY K. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Ass. ociation 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 008482-00055/10.3.01/RWSlDCPI150450. THE BANK OF LANDISBURG, Plaintiff RONALD B. CLIPPINGER and NANCY CLIPPINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION - LAW IN MORTGAGE FORECLOSURE COMPLAINT 1. The Plaintiff, The Bank of Landisburg, hereinafter sometimes called Mortgagee, is a banking business association with a principal place of business at Landisburg, Perry County, Pennsylvania. 2. The Defendants, Ronald B. Clippinger and Nancy K. Clippinger, his wife, hereinafter sometimes referred to as "Mortgagors", are adult individuals residing at 351 West North Street, Carlisle Borough, Cumberland County, Pennsylvania. 3. At all times material to the Plaintiffs cause of action, the Mortgagors, Ronald B. Clippinger and Nancy K. Clippinger, have been the owners of a tract of land and the buildings thereon hereinafter called the "land" located in Carlisle Borough, Cumberland County, Pennsylvania, being known and numbered as 242 South Hanover Street, Carlisle, Pennsylvania. 4. The land is described in Exhibit "A", attached hereto and made a part hereof by reference. 5. On July 15, 1998, in consideration of the loan of One Hundred Forty Thousand and 00/100 ($140,000.00) 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 9.00% 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 Six Hundred Twenty-Nine and 26/100 ($629.26) 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 1468, Page 326. A copy of said mortgage is set forth in Exhibit "B" attached hereto and made a part hereof by reference. O08482-O0055110.3.011RWSIDCP/150453 6. The Defendant Mortgagors are in default on the mortgage in that they have failed to pay the entire balance due on demand and have failed to make the bi-weekly payments fi-om and after May 29, 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 9.00% Late fees 10% Attorney's collection fee TOTAL $128,566.83 3,518.86 850.50 13,293.62 $146,229.81 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 ag~fmst the Defendants in the amount of One Hundred Forty-Six Thousand Two Hundred Twenty-Nine and 81/100 ($146,229.81) Dollars, together with interest thereon at the rote of 9.00% per annum from October 1, 2001. JOHNSON, DUFFIE, STEWART & WEIDNER BY: Richard W. Stewart Johnson, Duffle, Stewart & Weidner Third and Market Streets Post Office Box 109 Lemoyne, Pennsylvania 17043 717-7614540 Attorneys for Plaintiff O08482-O0055110.3.011RWSIDCPI150453 EXHI~IT "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. Cu~erland County, Pennsylvania FORTY THOUSAND ........................................ 45140,000.0~ DOtt. A~S. 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: (continued on back) ~i468 PA~ 326 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 No. 242 South Hanover Street. BEING the same property conveyed to Mortgagors herein by deed of Chester W. Schlusser, Sr., et ux, dated July 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. .......................................................... (SEAL) C~mmonw~hh, J~r~.Jllylp~led Ronald B. Clippinger and Nancy K. Clippinger, his wife P.O. Box 60 Shermans Dale, PA 17090 008482-00055/10.3.01 IRW SlDCP I150453 VERIFICATION I, RHONDA 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 true and correct to the best of my knowledge, information and belief. I that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification authorities. SHERIFF'S RETURN - REGULAR CASE NO: 2001-05872 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 WEST NORTH STREET on the 12th day of October , 2001 CARLISLE, PA 17013 NANCY CLIPPINGER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this /~ day of 'Prothonotary So A/1swers: R. Thomas Kline 0/ 5/2001 JOHNSON DUFFIE STEWART WEIDNER --- Deputy' Sheriff SHERIFF'S RETURN - CASE NO: 2001-05872 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANDISBURG BANK OF THE VS CLIPPINGER RONALD B ET AL REGULAR DAVID MCKIN-NEY , 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 WEST NORTH STREET CARLISLE, PA 17013 NANCY CLIPPINGER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ ~ day of O~ ~ / A.D. ~r6thonotary " So Answers: R. Thomas Kline 10/15/2001 JOHNSON DUFFIE STEWART WEIDNER Deputy Sheriff / 008482-00055/12.28.011RWSIDCPI153206 THE BANK OF LANDISBURG, Plaintiff RONALD B. CLIPPINGER and CLIPPINGER, Defendants NANCY K. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5872 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 the amount of $146,229.81 with interest at the rate of 9.00 percent per annum from October 1, 2001, and costs, by reason of the 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 that written notice of intention to file this Praecipe 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 least ten (10) days prior to the date of the filing of this Praecipe. A tree and correct copy of the aforesaid notice, together with receipts for mailing, are attached hereto and made a part hereof. Respectfully submitted, JOHNSON, DUFFLE, 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) 761-4540 Attorneys for Plaintiff 008482-00055/12.6.011RWS/DCP/152565 THE BANK OF LANDISBURG, Plaintiff : V. : RONALD B. CL~PINGER and NANCY K. : .. CL~PINGER, : Defendants IN THE cOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA NO. 01-5872 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO: RONALD B. CLIPPINGER, 351 West North Street, Carlisle, PA 17013 NANCY K. CL[PPINGER, 351 West North Street, Carlisle, PA 17013 DATE OF NOTICE: December 7, 2001 ~i~IPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE OR BY ATTORNEY AND FILE IN WRITING WITH TI~ COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A RIGHTS. YOU SHOULD TAKE HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT ONE, THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213-A North Front Street Harrisburg, PA 17101 (800) 932-0356 JOHNSON, DUFFIE, STEWART & WEIDNER Third and Market Streets P. O. Box 109 Lemoyne, PA 17043-0109 (717-761-4540 Attorneys for Plaintiff Ce~ifiedMail ReturnReceiptReques~d 7000 0600 0025 5536 0243 7000 0600 0025 5536 0250 m · ml 7000 0600 0025 5536 0250 N THE F MM N PLEA ' THE BANK OF LANDISBURG, Plsin~s) Ys File No. 01-5872 NOTICE OF FILEqG JUDHNLENT RONALD B. NANCY K. CLIPPINGER AND CLIPPINGER De~ndant(s) (x) Notice is hereby given that a ~judgment in the above-captioned matter has beJn entered against you in the amount of $146,229.81 on_ · ) A copy of all documents filed with the Prothonotary in suppoF~ of the within judgment is/are enclosed. ~rotho~t~ry Civil Div. , ~' If you have any questions regarding this Notice, please contact the 5~ng party: NAIV~E: Rich______~ard W. Stew ' · ADDRESS:. 301 Market Street__ .~L~aoy. me, PA .'17043 ' "'' '~ ?'~--- TELEPHONE NO: ~ (This No~ce is given in ~cc0rdsnce with Pa.R.C.~ 236.) Notice sent to: NAME Mr. and Mr~ Ronald B. ADDRESS 351 West North Street Carlisle, PA 17013 Clippin~er PRAECIPE FOR WRIT OF EXECUTION- (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Etc. RCelRLD B. Cr.Tpp]]~ca~ and Co," ................ ....................... Tn the Prothonotary of said Court: ISSUE WRIT OF F. XP-CUTION IN THE ABOVE MA'I 1 (!) Dircctcd to thc Sheriff of ........................ County, Penn·.; (Z) ·~n. ..... -RCI~M~.Bo_~r.~_T~_p.,I~7~__...~2~._.~._.K.. Cr.TPp~ra~ CL~3i~URT OF COMMON PLF.~S OF 'COUNTY, PENNSYLVANIA Writ No ...... ~ ..................... Term, 19 ...... No ........_0. L=5.8_7_2_ .............Tem,.~.__2.0_.01 d,, ............ lmer.t rrna 10/1/01 to $8,942.88 ' /57o ....................... Att'y'a Corn. ................................... ............................................................................ Defendant (s)'; ($) and a~,inst =~.. ....... : .......................................................... G·mlshce (a) ;- (4) and index this writ ' ~ B. CI.TPP~[~["~ alld NANCY Ko CT.TPPIi~ (a) ·.-al,ut __~ ............................................................................. '.: ............................................................... Defendant (s) and (b) against .... ? ............................................................................. ..................................................................... Garnishee ~ · Ils pendens against the real property of the defendant (s) in the name of the CIamhhee (s) as f. llows: (.Sp~cificall). d~scn~oe property) Levy upon and sell all that certain tract of real estate situate Carlisle Borough, Cumber]and County, Pennsylvania, owned by the Defendants, Ronald B. Clippinger, and Nancy K. Clippinger, as more fully described in Exhibit "A" attached hereto and made a part hereof by reference. Altomcy for Plaintiff(s) .......... NOTE %?nder paragraph (l) when the wrR Is directed to the aherLrr of another cou.qty as autdmrlzed by Rule the county r~Jould be IAdJcate~L TJnder Rule al03(c} a writ Issued on a transferred ~u dfement may be dJrecled only to the sheriff or the coun~, Jn which Issued. Paragraph (3) above should be completed amy Jr a aamed :arnlshee Is to be included Jn the writ. Paragraph (4) (a) shou}d be completed only 1~ Index lng o! the execution Jn the county of Issue·ce, ts desired as a~thoelzed by :Ru~e 3104(a). When the writ Issues to anolher county Indexln I' Q08482~00055/2.13.02./RWS/DCP/154702 EXHIRIT "A" ALL TItAT 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 fom~erly 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 TI]rE 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. 008482-00055/3.4.02/RWS/DCP/153205 THE BANK OF LANDISBURG, Plaintiff RONALD B. CLIPPINGER and NANCY K. : CLIPP1NGER, : : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5872 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. 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: Address: Ronald B. Clippinger 351 West North Street Carlisle, PA 17013 Nancy K. Clippinger 351 West North Street Carlisle, PA 17013 property to be sold: Name: The Bank of Landisburg Name and last known address of every judgment creditor whose judgment is a record lien on the real Address: P.O. Box 179 Landisburg, PA 17040 008482-00055/3.4.02/RWS/DCP/154702 Pennsylvania State Bank Lee M. Diehl Chester W. Schlusser, Jr. Barbara L. Reisinger ChesXer W. Schlusser, Sr. Thomas Day, Jr. Susan K. Day Vincent H. Gettel Shirley Ann Gettel First Union National Bank c/o Brace 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 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 every other person of whom the Plaintiffhas knowledge who has any record interest in the property and whose interest may be affected by the sale: Name: Address: 008482-00055/3.4.02/RWS/DCP/154702 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 unsworn falsification to authorities. Date: JOHNSON, DUFFLE, STEWART & WEIDNER Richard W. Stewart Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717~761-4540 Attorney ID No. 18039 Attorneys for Plaintiff O08482-O005513.5.02/RWS/DCPL154702 · THE BANK OF LANDISBURG, RONALD B. CLIPPINGER, Plaintiff CLIPPINGER and Defendants NANCY K. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5872 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SAI,~ OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129, 2 TO: RONALD B. CLIPPINGER and NANCY K. CLIPPINGER Your real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 163 Chestnut Street, Carlisle, Pennsylvania is scheduled to be sold at Sheriff's Sale on June 5, 2002, at 10:00 a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $146,229.81 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 Chesmut 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. 01-5872 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/DCP/;153206 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 fi.om the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to the Sheriff of Cumberland County, the amount of the judgment plus costs. To find out how much you must pay, you may call the Sheriffof 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:l~. SltrE. RiFF'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 fred out if this has happened you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due fi.om 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/RWS/DCP/153206 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 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 THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Date: March 2002 JOHNSON, DUFFLE, STEWART & WEIDNER BY: l~ichard W. Stewart Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-7614540 Attomey ID No. 18039 Attorneys for Plaintiff 008482-00055/3.4.02/RWS/DCP/.154702 - EXHIBIT "A" ALL TItAT 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 TItE 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. 008482-00055/3.4,02/RWS/DCP/'154702 THE BANK OF LANDISBURG, RONALD B. CLIPPINGER, Plaintiff CLIPPINGER and NANCY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5872 CiVIL ACTION - LAW 1N MORTGAGE FORECLOSURE COUNTY OF PENNSYLVANIA : : SS' COUNTY OF CUMBERLAND : 5 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 ~O (C~ ~ ~) ,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 Brace D. Foreman, Esquire 4409 N. Front Street 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-O0055/3.4,02/RWSIDCPI154702 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 A.BID SUBSCRIBED before r~ the ~,~_ day of }'~Of ~ ~ ,2002. Notary Public RICHARD W. STEWART O08482-O005513.4.021RWSIDCPI153206 THE BANK OF LANDISBURG, Plaintiff RONALD B. CLIPPINGER and NANCY K. CLEPPINGER, Defendants 13I THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5872 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO: Pennsylvania State Bank c/o Bruce D. Foreman, Esquire 4409 N. Front Street Hamsburg, PA 17110 No. 2000-1288 Lee M. Diehl 408 FranklmStreet Carlisle, PA 17013 No. 1998-05278 Chester W. Schlusser, Jr. Barbara L. Reisinger Chester W. Schlusser, Sr. c/o Robert G. Frey, Esquire Frey & Tiley 5 S. Hanover Street Carlisle, PA 17013 No. 1999-7107 Thomas Day, Jr. Susan K. Day c/o Mark A. Denlinger, Esquire 10 E. High Street Carlisle, PA 17013 No. 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 NOTICE OF SltERIFF'S SALE AND DIVESTITURE OF LIENS O08482-O0055/3.4.02/RWSIDCPI154702 Raymond E. Diehl Genevieve A. Diehl c/o Michael J. Hanft, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 Mortgage Book 1605, Page 70 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 :Iune 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 dislribution 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 tiled. 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 I~) , 2002 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 JOHNSON, DUFFLE, STEWART & WEIDNER Richard W. Stewart Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff 008482-00055/3.4.02/RW S/DCP/154702 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 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. TAXPARCEL 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. ./ The Bank of Landisburg VS Ronald B. Clippinger and Nancy K. Clippinger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5872 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 11.88 Law Journal 260.75 Patriot News 193.75 $605.84 paid by attorney 5/29/02 Sworn and subscribed to before me So Answers: This q~ dayof ~.~ ~~ f.~------~e.~ ~ R. Thomas Kline, Sl~eriff 2O02, A.D. ' ~ BY Prothonotary Real Estate Deputy 008482-00055/3.4.02JRWS/DCP/154702 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 o/o Brace 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 SprmgRun, PA 17262 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. Hanft, 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 every other person of whom the Plaintiffhas knowledge who has any record interest in the property and whose interest may be affected by the sale: Name: Address: 008482-00055/3.4.02/RWS/DCP/154702 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 O08482-O0055/3,5.02/RWS/DCP/154702 THE BANK OF LANDISBURG, RONALD B. CLI}'PINGER, Plaintiff CLIPPINGER and NANCY K. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5872 CIVIL ACTION- LAW IN MORTGAGE FORECLOSURE Defendants F/ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: RONALD B. CLIPPINGER and NANCY K. CLIPPINGER Your real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 163 Chestnut Street, Carlisle, Pennsylvania is scheduled to be sold at Sheriffs Sale on June 5, 2002, at 10:00 a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $146,229.81 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 WII'H a two story flame stable or shed THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-5872 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/DCF'/153206 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govcn-nmental 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 m~rtgages 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 tins 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 wilt 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 OTHJER RIGHTS EVEN IF THE SH I~:RIi~F'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 008482-00055/3.4.02/RWS/DCP/153206 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 th/s 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 ~'~ ,2002 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 . 008482-00055/3.4.02/RWS/DCP/154702 EXl~IT "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 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 er 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-5872 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 163 CHESTNUT ST., CARLISLE PA 17013 (SEE ATTACHED LEGAL DESCTIPION.) (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 fi.om paying any debt to or for the account of the defendant (s) and fi.om 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 $146,229.81 L.L. $.50 Interest 10/1/01 - 6/5/02 $8,942.88 Due Prothy $1.00 Atty's Comm % Other Costs Atty 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 #66 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 163 Chesmut Street, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2002 By: al Estate ~eputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ac~ 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. .~ ..~ ~ PUBLICATION COPY s,,,~,,, :~, c~,,~ ouL,~.,;L,~,~ L,~.f~-~'J~,.[~,is 17.lfl/~laY~Uay 2002 A D ~1S~l ' ' l . ~ M~r, ~ns~a~ ~t~ of ~mmission expires June 6, 2002 CUMBERED ~ SHERI~S O~CE CUMBERED ~U~ ~SE ~:?:: CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication affached hereto on the above stated dates $ 192.00 Probating same Nota~ Fee(s) $ 1.75 Total $ 193.75 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and T P tri t- w , newspapers of general cimulation, hereby acknowledge receipt of the aforesaid notice and publication costs and ce~ifies 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 Jottrnal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~T&TE ~ NO. 66 Writ No. 2001-5872 Civil The Bank of Landlsburg Ronald B. Clippinger and Nancy K. Clippinger Atty.: Richard Stewart EXHIBIT ALL THAT CERTAIN lot of ground with improvements thereon erected situate in the Third Ward of the Bor - ough of Carlisle, Cumberland Coun- ty, 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 dames McElwee; thence westerly along the said Chestnut Street, a distance of 60 feet to a IX>hat at line of prot~exty fo~rl~y~o[ ~or SWORN TO AND SUBSCRIBED before me this 10 day of MAY, 2002 008482-00055/5.29.02/RWS/DCP/153206 THE BANK OF LANDISBURG, Plaintiff RONALD B. CL1PPINGER and NANCY K. CLIPPINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5872 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO: Pennsylvania State Bank c/o Bruce D. Foreman, Esquire 4409 N. Front Street Harrisburg, PA 17110 No. 2000-1288 NOTICE OF SHERIFF'S SALE AND DIVESTITURE OF LIENS Lee M. Diehl 408 Franklin Street Carlisle, PA 17013 No. 1998-05278 Chester W. Schlusser, Jr. Barbara L. Reisinger Chester W. Schlusser, Sr. c/o Robert G. Frey, Esquire Frey & Tiley 5 S. Hanover Street Carlisle, PA 17013 No. 1999-7107 Mortgage Book 1468, Page 330 Thomas Day, Jr. Susan K. Day c/o Mark A. Denlinger, Esquire 10 E. High Street Carlisle, PA 17013 No. 2000-4868 Vincent H. Gettel Shirley Ann Gettel P.O. Box 85 Spring Run, PA 17262 No. 2000-08283 First Union National Bank 123 S. Broad Street Philadelphia, PA 19109 No. 20014)2455 008482-00055/6.10.02/RWS/DCP/154702 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 South Hanover Street, Carlisle Borough, Cumberland County, Pennsylvania, and more fully described in the exhibit attached hereto, will be divested by a Sheriff's Sale scheduled to be held on September 4, 2002, at 10:00 a.m. in the Cumberland County Courthouse, Pennsylvania. Unless you take action to stop the Sheriff's Sale, or unless you appear at the Sheriff's 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 (10) days oftbe 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: ~_ DI~P~ l0 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 W. Stewart Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff O08482-O0055/5.29.02/RWS/DCP/154702 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 property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. O08482-O005515.29.02/RWSIDCPI154702 THE BANK OF LANDISBURG, RONALD B. CLIPPINGER, Plaintiff CLIPPINGER and NANCY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5872 CWIL ACTION- LAW IN MORTGAGE FORECLOSURE AFFIDAVIT OF MAILING 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 ,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 Brace D. Foieman, 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 008482-00055/5.29.02/RWS/DCP/154702 Vincent H. Gettel Shirley Ann Gettel P.O. Box 85 Spring Run, PA 17262 First Union National Bank 123 S. Broad S~'eet 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 AI~UBSCRIBED before me the ]] day 2002. RICHARD W. STEWART Notary Public 5 ~ ~R S~T ~IS~ PA 17013 CERTIFICATE OF '*', ~'-~//~-~'--; ~_._~'- ~A~ DAY 7R. ~ ~II~ K. DAy C/O ~ A. D~LI~R, E~I~ '~~ 10 E. HI~ ST~T, ~LIS~ PA 17013 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 Sheriffs Deed in which Bank of Landisburg is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 2002, under and by virtue ora writ Execution issued on the 4th day of June, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5872, at the suit of Bank of Landisburg against Ronald B Clippinger & Nancy K is duly recorded in Sheriff's Deed Book No. 254, Page 424. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /7 f~ dayof t~q , A.D. 2002 Recorder of Deeds The Bank of Landisburg VS Ronald B. Clippinger and Nancy K. Clippinger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5872 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 11:35 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. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 3, 2002 at 8:25 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 242 South Hanover 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 09, 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 his last known address of 351 West North Street, Carlisle, PA 17013. This letter was mailed under the date of July 09, 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 SheriffR. Thomas Kline the sum of $697.29, it being costs. Sherift's Costs: Docketing $ 30.00 Poundage 13.67 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 256.10 Patriot News 193.75 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriff's Deed 29.50 $ 697.29 paid by attorney 10/I 4/02 Sworn and subscribed to before me This 17 ~ day of ~ 2002, A.D.~, ~ R. Thomas Kline, Sheriff Real Estate Deputy ~?~.~ ~o~o? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO01-5872 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 CLIPPINGER AND NANCY K CLIPPINGER 351 WEST NORTH STREET CARLISLE, PA 17014 (1) You are directed to levy upon the property of the defendant(s) and to sell LEVY UPON AND SELL ALL THAT CERTAIN TRACT OF REAL ESTATE SITUATE IN CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA, OWNED BY THE DEFTS RONALD B CLIPPINGER AND NANCY K CLIPPINGER, AS MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE (2) (2) of You are also directed to attach the property of the defendant(s) not levied upon in the possession 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 defenclant(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 $146,229.81 Interest 10/1/01 TO 9/4/02 $12,224.34 Atty's Corem % Atty Paid $737.59 Plaintiff Paid L.L.0 Due Prothy $I.00 Other Costs Date: JUNE 4, 2002 REQUESTING PARTY: Name: RICHARD W. STEWART Address: 301 MARKET STREET LEMOYNE, PA 17043 Attomey ~r:PLFF Telephone (717) 761-4540 Supreme Com:t ID No. 18039 CURTIS R. LONG Prothonotary, Civil Division Real Estate Sale Ct 68 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 242 South Hanover St., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 18, 2002 By: J c64 Real Estate 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 : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2001-5872 Civil The Bank of Landisburg VS. Ronald B. Clippering and Nancy tC Cllppinger Atty.: Richard Stewart 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 a~d described as follows: ON the North By land now or for- merly of Ira W. Miller; on the East by South Hanover Street; on thc South by l~nd now or formerly of William P, Stull: and on the West by a public alley. CONTAINING 40.5 feet in front on South Ha~lover Street a~d ex- tending at an even width a depth of 240 feet to said alley, tor~" SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 ~oum Dy ran~ now 6r formerly of William p. Stult; and on the West by a public alley. CONTAINING 40.5 feet in front on South Hanover Street and ex- tending at an even width a depth of 240 feet to said alley. BEING improved with an apart- ment house and outhuilding known as 242 South Hanover Street, Car- lisle, Pennsylvania. BEING THE SAME PREMISES Chester W. Schlusser. Sr., by deed dated July 15, 1998, and recorded ha the Office of the Recorder of Deeds of Cumberland County ha Deed Book 181. Page 511. granted and con- veyed unto Ronald B. Cllppimger and Nancy K. Cllppinger. Defendants herein. TAX PARCEL NO. 04-21-0320- 448. SEZIED, taken ha execution smd to be sold as the property of l~onald B. Cllppthger and Nancy tC Clippha- ger, judgment debtors and real own- ers. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The n P td t-N w newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY ~-~'~s 14th day.~02 A.D. Writ No. 2001-5872 NO'~RY PUBLIC ClvllTann L~M~~No~-'~s My commission expires June 6, 2006 The Sank of kandl~burg Member. Pennsyw,~. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Rmmld B. CIIpplngar and Nan./lC CIIpplnger Arty: R~ D~ON ~L~T~ ~d~wi~ ~ W~ d ~ ~u~ d C~isl¢, Cum~~d ON ~ N~ by 1~ ~ or ~y ~ W. M~ler; on ~ ~t by S~ ~r S~t; < ~e Sou~ ~ I~d n~ or f~erly of Wd~ P. S~B; ~d < ~e W~t ~ a ~blic ~1~, CO~A~G ~.5 ~t in f~t ~ S~ H~o~ S~t ~ ~i~ a ~ ~m ~ a ~of~ f~ ~d~. B~G i~ wi~ ~ ~t h~z ~d ] ~ild~g ~n a ~2 S~ ~r S~ t ~e, ~yl~ ' ~hlus~r, St,, ~ ~ ~ July 15, 1~8, ~ Advertising Cost Statement of Advertising Costs To THE PATRiOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 192.00 Probating same Notary Fee(s) $ 1.75 Total $ 193.75 m:ordcd in the Office of the ~ d l~la ...... ,,-~,,....:...,:,.~.~,~_t~J~,s~., publisher of The Patriot-News and Th n P tri - w , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.