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HomeMy WebLinkAbout01-05869 -- I 008482-00055110,3,01/RWSIDCP1150454 THE BANK OF LANDISBURG, IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff tJl'5g'~f CuJ.:J CIVlL ACTION - LAW v, RONALD B, CLll'PINGER and NANCY K. CLll'PINGER, IN MORTGAGE FORECLOSURE Defendants 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 lhis 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 faillo do so the case may proceed withoul you and a judgment may be entered againsl 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 Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ~~ ,~.~ ~~"; "..,"",''J< ~, _ c'.:"l',. - _" 0,-) _ _ p _ r ".., ._, I:~C" 008482-00055/10,3,01/RWS/DCP/150454 THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff , NO. CJ/. 5%,6 ~ 4J v, CIVIL ACTION - LAW RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, IN MORTGAGE FORECLOSURE Defendants COMPLAINT 1. The Plaintiff, The Bank of Landisburg, hereinafter sometimes called Mortgagee, is a banking business association with a principal place of business at Landisburg, Perry County, Pennsylvania. 2, The Defendants, Ronald B. Clippinger and Nancy K. Clippinger, his wife, hereinafter sometimes referred to as "Mortgagors", are adult individuals residing at 351 West North Street, Carlisle Borough, Cumberland County, Pennsylvania. 3. At all times material to the Plaintiffs cause of action, the Mortgagors, Ronald B. Clippinger and Nancy K. Clippinger, have been the owners of a tract of land and the buildings thereon hereinafter called the "land" located in Carlisle Borough, Cumberland County, Pennsylvania, being known and numbered as 307 Arch Street, Carlisle, Pennsylvania, 4, The land is described in Exhibit "A", attached hereto and made a part hereof by reference. 5. On December 18, 1998, in consideration of the loan of Seventy-Two Thousand and 00/100 ($72,000.00) Dollars made by the Mortgagee to the Mortgagors, the said Mortgagors executed and delivered to the Mortgagee, a note secured by a mortgage on the land obligating the Mortgagors to pay the Mortgagee the principal sum on demand with interest thereon at the rate of 8,75% percent per annum, on the unpaid balance and to make bi-weekly payments on account of principal and interest, in the absence of the demand in the amount of Three Hundred Seventeen and 93/100 ($317,93) Dollars together with other terms and conditions set forth in the said mortgage. The mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1506, Page 1145, A copy of said mortgage is set forth in Exhibit "B" attached hereto and made a part hereof by reference, ; "'lli'""'~_"i - _-~, ",'C>_"_,'__"_'Y-J_."' '" ~,~, "'. - ^ ',' 'I " I,~ " ~_ .< - ,_ ',,_, 'I'~ -'I ... f 008482-00055/10,3,01/RWSIDCP/150454 6. The Defendant Mortgagors are in default on the mortgage in that they have failed to pay the entire balance due on demand and have failed to make the bi-weekly payments from and after March 15, 2001. 7. The Defendants, Ronald B. Clippinger and Nancy K. Clippinger, are the present real owners of the land. 8. The amount due the Plaintiff under the mortgage is computed as follows: Principal balance $ 68,585,09 Interest through 1011101 at 8,75% 2,301.06 Late fees 429.30 10% Attorney's collection fee 7.131.55 $78,447,00 TOTAL 9. The Defendants are not a members of the Armed Forces of the United States and are not entitled to any benefits of the Soldiers and Sailors Relief Act as amended. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of Seventy-Eight Thousand Four Hundred Forty-Seven and 00/100 ($78,447,00) Dollars, together with interest thereon at the rate of 8.75% per annum from October I, 2001. JOHNSON, DUFFIE, STEWART & WEIDNER BY: -'1Jlul$~ Richard W. Stewart Johnson, Duffie, Stewart & Weidner Third and Market Streets Post Office Box 109 Lemoyne, Pennsylvania 17043 717-761-4540 Attorneys for Plaintiff '''',~ '~"':1:'~i" _;"_ - '" :'"(o~'" ." (""', ,~ 1- . < .-,"- ~~'", -- , ' """'" u 008482-00055/10,3,01/RWS/DCP/150454 EXlDBIT "A" ALL THOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at a point on Arch Street; thence eastwardly along the line of Tract No.2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the Place ofBEGlNNING, HAVING thereon erected the northern part of two and one-half story brick dwelling known and numbered as 307 Arch Street, Carlisle, Pennsylvania 17013. TRACT NO.2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property formerly of George R. Wenger, and now or late of Arthur Nickey; thence southwardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No, 1, herein described; thence westwardly along the line of last mentioned property, a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point ofBEG1NNING. BEING THE SAME PREMISES which Barbara Wood Brown, by deed dated December 18, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 308, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. ~-'-'i'~, '~~,r-__,",' ,L_~~""._ , ," ., p , - " .4~91. ijJhisv3Jubruturrf .DIlX..1f'\ -.t 3 3S-S 'i'DI ""''''m 18 th One thousand Dine hundred ninety-eight dar of December (19 9B), BBTWEEN RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, his wife, of Carlisle. Cumberland county, Pennsylvania in the rear of ourl.AHd. (berdoafter alled the Mortgllgor, P1"1 of the first pan, AND "IRE BANK O~ 1.ANDISBU1\.G, a State banking USotIBUOD. existing under dll~ laws of the Commonwealth of Pennsylvania, h;l\"ing iu 'principal place of buslne.u in the Borough of Landishurg, Perry County, Pcnnsylvnnia. (Morlgagec, pllrty of Ihe second "art) WHER.EA5. the said Mortgagor, executed and delivered to the Mortgagee a Note in the principal sum of--SEVENTY-TWO THOUSAND--------------------------------------------~I72,OOO. 00) DOLLARS, with iDte~ :at me rate set forth io said Nore payable at the times and in the manner set forth in Ihe said NOle. at the offICe of said Mortsagee (or such other place. as designated in writing by the holder hereof). and also for the paymenl from time to time UDtil said debt and interest be fully paid. of the neceSSllry premiums and charges on such poliC]' or policies of fire. storm. explosioD insutilllce. war damage insurance, ,or nn any Ind all olh!!r insurance which the Mortgagee, ils successor .nd assillns, may demand fwm time to dme against any other hlurdt. carualtil!S and conlingencie's. for the funher 5e1:uriry of Ihe debt hereby $l."cuted, upon the buildings and improvements described herein, or any wh ich may h!!rC1llter he t'f('(teJ on 1}le premises ,kseribN herein; $;IiJ policil!S of ib$llraoce of whatsoeve'r kind to be deposited wjth Ihe Mortg'Il~, hs successors or assigns, and transfeue..! by rrorct1y registered and approved assisnmeots with non<ootributory mortgagee clause attached, Iml In1 rene......ls of the same 10 be furnished to aid Mortgagee Ill: leas!: seV!!" (7) days before the expiralioD of !h!! same, In lhe e\'ent of I"ss or Jamal=e. the f'roceeus .,f uiJ in, SUtilllte sh2.IJ be paid re Mortgagee Ilone. Mortgagee Is authorized to adjult and comprumhe such loss 'l\'ilhoUI the COO$('nl of Monr:~.eor, r.. tollect, receive and receipt for such proceeds in rhe nam!! of MortgaRee' InJ Mort,l':llJtur. antI 10 endorse MOrl.eaE:or"s name uran any check La payment the'reof. Such proceeds shall be .pplied toward reimburSe'menl of all cmrs anJ eXpl"n~s of Mortlla~ee in wl1t"Ctin}: said proceeds, and reward the' payment of all IffiounlS payable by MortRlgor to MortGAE:ee II(,reunder. Amltnwlml Ihe ""I'ment of the ioJebreJ. nest IeCUred hereby Ot any parlion thereof, whether or not then due or p:lyable, or Monp,agee at its option. may apply said inlurance rfOC~S Ot :Ill' psrt thereof to the repair or rebuilding of said premises. In the event of sale of Ihe rremises on forednsure, the o'l',nership flf all pc>licies of insurance shall pass to the putchllSer at said sale and Mortgagor be're'by appoinlS MOH,lt:\1!ee its attorney.in.fact, in Mort,!:agor's name 10 assi~n and uansfe'r all such policies to such purchaser. And also, for the payment, from rime to time, until S3iJ debt and interest be fully paid, (If alt U:xes. water and sewet re'.nlS and all other ch:t.tg.<< and claims ..ne,s~d Ot levied at any time. ptescn~ Of (ll~\,l~, by any b,""{u! allt!\\}!it'j, \,l~n ~bt propel'tJ' hereby 8t1oted, to KCUre said obligation, which by any pre'scot or future law or laws shall ha\'e prioriry in lien or pal'meat 10 lIu: debt represented by said obliptioo and secured by thIs Mortgage, when and as the same shall become due and payable, and also for the exhibition to said Mortgagee, iu successors or assigns, of receipts for all taxes, water and sewer renu asU'sed upon or chargeable to tbe mongaged propert}', at the' olfice of said Mortgagee, or at such other place as may be designated by Ihe Mortgal;ee in wfiting, within tw('ntl' (20) days dler such taxes or wlter or sewer rents have been payable at face without the imposition of interest or penalties. as .....ell as rt"Ceipts for all Olher tues or char.ee! or claims of every kind or nature which by any prescnt or future Law or laws ITUIY be or become a lien upon the mon~aJ:ed !,ro{'erty prior in lien to said Mortgage, or which may be or becom!!, by a.ny present or fUlUre law or la~'~, first l\i~ltibutable or allu.....able or payable ~fl'r.(c said debt, out of the' proceeds of anl' judicial sale for collection of said debt, or so dimibUlable or allowable or payable out of the proct'(Cds of :lny othet judicial sale. and in case of de'fault of psyments IS aforesaid, also for the rayment of all com. fees and expr:nU's of cullf1."tin.e me same', including an attorney's commission of ten per centum (10%) IInd providing (unher that upnn failure of the Mort/:Bgor, Moft,:,a/:f>T's ban: or wisns, to maintain said insurance upon the buildings, or to pay the lues, Waler ren15 allll sewer renU or orher chUE;CS, daim$ or lien as aforesaid. the Mortgagee, its successors and assigns, may insure Ihe buildings, or pay such laxes, water fenu and Sl:~'er rCntS or othcr charges, daims or Hens, aod the' sums 50 advance'd by the Mortgagl:e, its suceessors anti assi~ns, shall be rOll'able by Ihe MOrlJ;a/:or. Mvt1'.ea.!lN"1 heirs and assigns to !he Mort~gee. its succesors and assigns, and shall be Idded to and become I part of the principAl deb! st'Ctue,l here~y and sba1l beat interest thereon at the rate set forth in said note until paid, The' Mortgagor herein agrees that. ia the eveot of the passage, aftet the date of this MonEtage. of any law of Ihe Commonwealth of Penosylnoia, deducting from the value of the land for taxation purposes, AnY lien thereon, or changinJt in any ~"ay Ihe laws now in force for the tuatioo of mortgages or debt secured thereby, for state or local purposes, or the manner of Ihe collection of any such la 1;e'I, so as to affect the interest of the Mortgagee, then the whole of said principal debt secured by this MOrlgage, together ~'ith the inte'rest due thereon, shall at the optioo of the Mortgagee herdn, immediatdy become due and payable. The ~ortgagnr herein further agrees that if any installment of interest be not paid when due, such installment shall beat interest at the rare set forth in said note until paid; in the event that any payment provided for in Ihe Note seCUled hereby shall hl:comco overdue lor.. period in eJ:CC$S of fiftl:etl (U) days, Mortgagor agrees to pay a "Iale charge"' of five cenrs 0,:) for !:I1ch dollar so overdue, fOI the pntpO$C 01 defrari.o& expenses iocident to hMdling the ddinqueot payment" And further, Monpgor .,rees not to conveyor othervdse transfer tide to the mortgaged premises (either legal or I:quilable) wilhout prior v;"rincn consent by the MOrlpgce 10 the specific transfer, A trallSfe'r to the survivor or devisees or heirs of the Molt8agor in the event of the MOrlgOlgors dealh shall nor come within Ihe prohibition oftbis covenant. NOW nus INDENTURE WITNESSETH: That the said Mortgagor, as well for and in consideClltioc of the afore$lid debt .nd for the better securic8 the payment of the same, and interest as aforesa.id Unto the said Mortgaget', its successors or assigns, and the pay. meat of .u premiums of insurance'. mes, wate'r renlS and sewer rents, municipal assessmenrs or charges, as dorcsaid, according to the COt1ditions of said oblisation, .ad in discharge thereof, as fot Ind in consideration of rhe funher sum of One ($1.00) Dollar unlo Morrpgor. in hand well and truly paid by the said Mortgagee, at and before the sealing and delivery of these presents, the teteipt whereof, IS hereby acknowled8~. Mortgagor bas graDted, bargained, sold Ind conveyed, and by these presents does grant, barsain. sell and COllver unto the said Mortgagee. its successors and usigns: ALL the and those certain two tracts of land situate Borough of Carlisle, Cumberland County, described as follows: in the Third Pennsylvania, Ward of bounded (continued on back) BOOk 1506 PAGE 1145 EXHffiIT"B" !""""""'l"'!'.W\l\<_ -~"I ~1"^1' .~~",~.,~ ,., ~ " TRACT U BEGINNING at a point on Arch Street: thence eastwardly along the line of Tract No. 2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the place of BEGINNING, having thereon erected the northern part of a two and one-half story brick dwelling, known and numbered as 307 Arch street, Carlisle, PA 17013. TRACT 12 BEGINNING at a point at the intersection of walnut and Arch Streets; thence eastwardly along Walnut street a distance of 40 'feet to line of property formerly of George R. Wenger, and nO\~ or late of Arthur Nickey; thence southwardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No.1, herein described; thence westwardly along the line of the last mentioned property, a distance of 40 feet to a point on the said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point of BEGINNING. B~ING the same property conveyed to Mortgagors herein by deed of Barbara Wood Brown, Widow, dated December 18, 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. -: :..iJ' rJ- ~.: ~ :-. ;-;~5 ':; 0 r; ~; 0 ,. ,,0 .. :.;:;: ~;~ ~ ~ r:; ;-~, :.-..J :. I'.'~; Ln :r N ....... e: a... co ....... "'" ...... Cl co m ,TOGETHER with the streets, alleys, passages, wa,s, waters, water courses. rishts, li~Mics. privileges. hereditamenu antI appunenances wha[5Qf:Ver thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and ptofiu thereof. Ind TOOEnlER. with all building, lllld improvements of every kind and description now Ot hereafter erl.'cted or placed thereon indudin", aU boilers, ~tt.o8 and lighting apparatu" also all screens, awaings, ranges or stoves, and m(,'(hanica[ rdri,!leration, and all, each' and C\'CI1' of the wtenor L1Dp~vemenu and rJ.J:tures, movable or immovable. of every kind Ind description in and upon S3iti rrcmiK"~ or which ma,' hereafter be placed. III oru......n the same 0 d' . h 'h"h' ' ...~ . r use III Connealon t erewlt . It emg UnderslOou and lI.greed bt-tw('cn the pardcs hereto that the lVOrds "land" and/or "premises" ""ber ve th I th h " L , , , e r ey occur n 6e presents, !" ge dcemc,1 to ItttluJe ;\11. the In:turcs and persOoll.l propcrrJ' above mentioned and conveyed. TO HAVE AN~ TO HOLD ~e said described lot of land, hereditamcnts Rnd premises hereby ,!lUnlt'J and ton\'c)'c,[, ,,'jlh thc appur. =:~es'F~~ said MOMgagee. Its successors Ind assigns. to the only proper use and behoof of the said MOM-":lI:lt'C, its SUCCCSSOts and v Bo,d.'i JG Plr,r114()""' -~~ ,. .~,~"" """'~r-'" -~ PROVIDED, HOWEVER, that in case of d~,_.lt at any lime, in payment of saiJ principal deb,...," Slim, or o( interest nf char.l:!"s Of premiums of insurance, or of any part thereof, when due and payable respecrively, by the terms IInd condidr1DS I?f said oblifalion for Ihe .spaI;e 01 twenty (20) days as aforesaid. or in the performance of Bny of Ihe covenllms u to lire insurance, ta;'tes or \\'lItef and se\\"C'r rC'nrs or chzrges or claims lI.$ aforesaid, the whole of said principal d,bt or sum and interest the'n Ilnpaid, shall thereuron become due and parable and an attion of mortgage foreclosure may be commenced fOtthwith on lhis Morrgage' and IlfOS('cuteL! 10 judE:ment, execution anJ sale fN the collection of the whole amount of the said principal debt and/or Imerest Ihereon remaining unpaid, togecher with all premiums of insurance, ra::r:es and wBter and sewer rents paid, f~, cons Bnd expense! of such proceedings, to~elher ~,ith IIn IItwrner's commission "f lea per cenwm (10%). All errors in said proceedings. together with St3Y of. or exemption, or exrension of time of p3rmeol, \\"hieh ma}' be given by any ha or Acts of Assembly. now in force. Of 'Which may be enacted hereaher, nre here'oy h'olllVet ~'ah-ed und te\~seJ. tn the evenr of me uking of all or any I>Ortion of the premises in any proceedings unde'r the po~'er of eminent domain. the entire award rendered in such proceedings shall be paid to Mortgagee, to be applied toward lcimbursc:ment of all cosu IInd expenses or Mo"~a.!:te in connection with said proceedings, and toward the payment of III amounts paYlIble by Mortgagor III Mnrl~3,r:C't' hereunJer, anJ tO~"lIId me paymeaf of me indebtedness secured hereby, or Iny portion thereof. whether or Mt Ihen due or PII)'able, or MotlE:lIgC't' at ilS r'rdon, mar apply said award. or any part thereof, to the repair or rebuilding of said premises, AND PROVIDED further that it is thereby and hereby expressly agre1!d that in the e"'ent of :I.tl)' bte:lch b)' MI'",:lIgor "f any (\"'enant, condition, or agreement of said recited obligation, or 01 this Mortgage, it shllll be IllWful for the Mort~lIgee to enl!.'r u[>On an Ind sin.r:uhr the laDds. buildings and premises herein particularly described and by this Indenture mortgaf.led, logelher ,,'i,h the he'rnliramenn and IrrurtenlolKes, and each and every part thereof, and 10 take possession of the same Bnd of the fixtures, appliances and equirmeOl ther~'in c\'llIlineJ, 11.0.\ hl l""l"e, hold. mznag~. lClLloe to the MongagOt or tmy other person Ot persons, use and operate the s:r.me In sud, patte!!. anu on such tnnu M'Il.! IN such periods of time as Mortgag~ may deem proper ill the sole discretion of Mortga.!tce, rhe Mnrlf=;1,1.:Ot lI.ereeing Ihll! MurtE:a,l:N shall nn,1 will, wheoe1'e.r requested by Mortgagee so to do, B5sign. transfer and deliver unto Mortgage'e, any It'ase or sllbka,\(': lto.! to c{.llter ,,",I r!",,"in aU rents, Wues and profits of the Mid mortgaged premises and every pari lherof for tlI'hich this Indenture !hnll be II sufficient "'urao! whether or Dot !Qth leuc or sublease has been assigned to Mortgagee. and to make from time to dme, all alteratiOn!, reno\'ations, rer~ir! aud replacemenl, lhereto liS may seem judicious to Mortgagee, and after'deductiog the ooSt of any or all surh alteratitlns, renol":l.Iinll~, rer~ir~ and replacements and exptnses incident to ukillS Bnd retainins poS5Cssion of Ihe monguged ptofll.'rry and thl.' manll/;ernent nnd opernti\lO thereoF, and keeping the same property insured. to apply the residue of such re'nlS, issues and pro(iu, if an)', arising as aforesaid, ro Ihe payment of all taxes, chstges, claims, aJl5essments, water Ind sewer rents Bnd Iny other liens that mar be prior in lien Or rnJ"ment to II.C principal debr secured by this Indenture jlnd premiums for said insurllnce. with interest thereon, or 10 lhe interest amI rriocipal JuC' and secured by thu Indenture cf Mortgage, with all cosu Ind attorney's fee,. in such order or prioril\", J\5 MOrlgagee. in the sole ,Iiscrt'don or Mortgagee, maT determine. anT statute. law, custom or use to the conttluy, notwilhrumding; it bdn(l. Clprel$lv aF-reed, howe,.er, that the taking of possession by Mortgagee UDder this provision shan not relieve any default which may It"'e bt'en made' by MotlJ:llgor, or prC'\'!.'nr Iht' enforcement of any of me remedies by th'u IDdenture, or by said ll:(iled obli811tion, provide'.! in use of such defRult; and il is further expressly undemood and IIlgreed that the remedies by this Indenture and Mid recited obligation pro,.i\led for Ihe' C'o(otcement of the pa)"ment of the principal mm heteby secured, with any additions thereto as above proylJed, to.!l('lher wilh interest therron, u hereinhcf(>fe sr<<ifkJ and for the performance of the covenants, conditions and agreements, mailers and thin~s hercin conrltined, or b)' this Indenture referred I.... are cumulative ana concurrent IInd may be pursued aingly or successively Dr togcther lit the sole .lhcrelion of the MortJ;:lI.l:ee, 1lI"\ mar N- exercised as often as occasion therefor shall occur. AND for the purpose of securing uid possession of said mortgaSed premises tn M(lrl,l!a~ee, in Ihe e"cnt of lIny bH'l\rh as .rl>rn~i,l. Mortgagor does hereby lumori~ and empower any attorney of. aay Court of Common Pkas in any CUllIlIY ,,! Ihe C"IIlIIll'nwe~hh uf rel.n. Iflvania. 0.1 of any other court there or elsewhere, as attorney for Mortgagor, as well IS for all pellons claiming under, b)', or thr(lu.l1.h Mortpgot'. to sign :an :agreement lOt entering in any cOt'Opetent mutt an amitable lInion in eienment for J>Osse~sion of tbe premises mortf.nFt',J by this Indenture, together with Ihe heti'!ditaments and appurtenlnces IS wcll as all fi:mHes, nppliao(("s lInd equipment of un)' natute \\'hI1UI" ever, now or hereafter installed upon or in said mort8'ged property (without IIny stay or exe(\llion or apPCllI). n~illst sa.id Mon!:lIgor, as well as all persons claiming under. by, or through Mortgagor and therein cooress judgment for Ihe reco"erj' by the Morrgllltee of Ihe rossession of the said mortgaged pfemises together with the hereditaments and I.ppUflenances, M wdl as 1\11 fi:'l:tures, lI,pplillflces lInd equipment of anJ' nature whaUOver now or hereafter Installed upoa or in Mid mort81lged property. fm which this lodenture (or copy <<befoof \'edfied br affi. davit) shall be a sufficient \lVtmanl; whereupon if the Mortgagee $0 desires, I Writ of P05$("ssion may be issued fonh~"ith, without nny prior wric or proeeeding whatsoever. Mortgagor hereby releasing and agreeing fa release the Mortsagee from all elrors and defecu wharsoc\"tr in enU'ring such action and/or judgment and in causing Nch writ or writs 10 be hsue<l. :In,1 in IIny proceeding Ihell:on or concemin,l; Ihe sam(', and hereby agreeing that no writ of error or objection shan be made or taken Ihereto, rlO\'ided that Ihe Mo"~a.r:re shall h:l1'e file,1 in surt!. actiou an .mdavit by it, or some one on behllf of Mortgagee. setting fonh the fam n<<es$ll.ry to aurhorize rhe entry of surh !udgment, Iccording 10 me terms of this Indenture, 01 which facts lSUeh dfidavit shall be conclusive evidence, PROVIDED ALWAYS. NEVERTI-IELESS, Ihat if Ihe said Mortllagor, Mortgagor', heirs an.! assigns, shall and do well amllrulr raJ' or CllU~[' to be paid unlo me said Mortgagee, its successors and assi8ns, Ihe aforesaid debt logelher with interest :IS llfore$ll.id, 1($ set fonh in the ,,'ndilk'n of mis obligarion, and does further satisfy a.nd discharge the same, and lhe premiums of iosurance dore$aid, 1ll1d funher ~'iII, durin}: earh and every rear of the conlinuance of Ihis Mortgage. comply with all condilions and tequirements for or in respect In all tues, \\"alC! anL! $l:Wer tents., charges or claims as afocesald, all of which the saId Mottgagor. (oe MOtt~'l.gOt's h~irs ..oJ. 'aSsigns, htreb'l e!;.pn~!.!.\T Cl:WtmnlS, agrees to do and perform, lhea and from thenceforth. as well thh presenl Indennue, Bnd Ihe estate hereby J!.rao!ed, as the Did rer:ic('J {"Jbli~a- clon, shall become void of no effect, anything hereinbefore contained to Ihe contrary notwidlStanding. AND PROVIDED FURmER. lIod it Is heU'by Bnd thereby expressly covenanted 3nd agreed thM in Ihe eVent (here is more Ihan one party named herein BS a Mortgagor. the jiagular word "M~rtgagor". wherever occuring herein, shall be deemed and taken to mean the plural. AND PROVIDED FUR't"HER, that all granf:5' covenants. waivets, options, stipulationS-, promises, ul\detlaki.ngs. agreemtMS, .nd fights .nd benefits gi't"en 10, and obligations or liabilities imposed Ul>On. each Ind all of said pa1ties hereto shall inure to and bind Ihem joiml)' anJ severally IIId its. hu, her and theit, and each of their respective, heirs elCecmolS, administfators, successors and assigns" IN WITNESS WHEREOF, the said Mortgagor bas hereunlO set hand and real the day and yeat nUl abo'-e written. Witness: ,9.?.,.::'.,:::~',,~~~./<:~ U'::'-:.~,' ~;;~~ (SEAL) (SEAL) (SE^L) (SEAL) BoUK1;,~f3 PAG[U47 ,"H,P"""'" ,~, ~, < "'I.......... - "'i~ ~- - '""T -F'1''''''ll~ ",..,T COMMONWEALTII OF PENNSYLVANIA COUNTY oP~Cv-7I1b-r',la".e... 1 }SS, J 00 this 18 th day 01 December A. D. 1998 . belore me, II Noeary Publit in and for saiel. Coullty anel. Commonweahh,pl:uonallyappeared Ronald B. Clippinger and Nancy K. Clippinger, his wife knowll to me (or uisfaaorily proven) co be the perIODS whose nameS are subscribed (0 rbe wichia inHrumenc. aBd ulcnowledged that they exc<:uced the same lor che purpose therein contained. IN WITNESS WHEREOF. I have hereunto set my hand and Norarial Seal the day and rear aforesaid. My Commiuioll EJ;pires: Vj( t1fr.J2NCf.C7(::-I!.-if;;:';::,~,"_ -,~.~ ,"A""~,-".~,." "-'~IJl:;~,fjfui' ~ '1";-, ,\, Ufs".H 1"i'U:\'''~'''' . ._,.........). Notarial SeaJ Martha L. Noel. Notary Public Carlisle 80ro, Cumberland County My Commission Expires Sap!. 18, 1999 MIlmbQI I' 'r. \~;'II\I"I~~ . .r:~"l'" . . rl 'l~"'!s I ben:by teClily Ihlt rhe precise address ol.he MOn&aBec herein it P. 0 Box 60 Shermans Dale, PA 17090 Pennq-lftI:l.l:a. ..; '0 ~I " 0 w "' ..-. , ~ ~>. ~ '" 'M '" "'''' Cl ..-." W '-'''' ~ H " ZN~ Z'-' ",0 O~o CD HZ UU V1 N ~ "H ~ b "' A < c:c "'" 0'0 .... >. ] ] H'" 'M" '" ..-. ~'" ~ CD HH "' W '" !!~<ia UH w..-. w w .... U g ~ "'H 0 :> ~ S ,G.~~ " W 0 I ;';~ ~~ a: '" . w ~~ 'M I u "'''" ~ 0 .Q -.; '" :5n 5- I Q '" ''; 0 .Q .a ..J ~-" ci H>>:> ~u 0 1 '13 ~r Z == ,,;u -5' zz~ ~ '0 N ~ i w ~ O,c:(...; 0'<: t!l Z "'Z.<: "'''' - '" .ll ..-." I '13 ] 0 J J ] .~ 8.~ j 5 u c "m .. il CO"MONWEALTI' OP PENNSYLVANIA 1 - _'>:'~;':;~~:'1~" C V', I b f '1 f Il H t( COUNTY JSS' ,'>', ".:.,...\'jf1"/'. RECORDED in me Office for Recording of Deeds, Monsages. etC" in and lor the County of ~~\~~~.~ -','; . C:, '0 Mo..." 800.1,50<'" VI'I,_ - '\jQ/lq'$;,' ,',":;::-',-/.',"',;::,.,<:;;f.\{~;~ . ler;f,.., ;......t-Ij.,..; ,........._.:.-.~ .,., WITNESS MY HAND and Seal of Office this _.ll:...______ dar of _ c "' ~5i.':l;':->.~,L(,..~;e:~",..::.;.. Anno Domino 19 a~1 ~~~~~{.;t:'c:~:..,:..{;~. \ 0 ';~7s~p~{Vij~. v7~,ah.."-. -.- ~ BOO! ~~J)6 p~d148 UU"'~J\ dJu.j " ~~ ,~ I . ~ ~ ~ ".,,""'~.~ ',""""" e_ ~ '...."" 008482-00055/10,3,01/RWSIDCP/150454 , . VERIFICATION I, RlI0NDA 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 Plaintiff's behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification authorities, ~~~~ ,-~- ". ,~. ,. -""_"_'f_'''~_ " --'f"~'~"'~-:"''''''''_ ,._~ -I-~ '" '->'_, _ ~'-_'5 ,- - _1_~' , , r ~" . t .. ,..~~. ~rt"""'I, II!!'I""IYI!1I, ~l'll~ ~ _ m lIlU~i~ 11'1, (rR -,.~ : , . ct' i ~'i 0:::::,:-' (F' C.1 C':.;- C ,'::"') -."~) '~"J C::;. -..,'. {,::::; llf!ll'(,"n~t'':''~ co 11C~~,~I,,_n ,~~T.~@,!!ffi!>,~"""~f1'!i""lNhi'!"',f""~"""':>'iJ''!'!l\l''!:w;~!t'''~_~~?liJllAA~'!!Il/Il.1l1'~!l!l!~~~ I SHERIFF'S RETURN - REGULAR . \- CASE NO: 2001-05869 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, on the 12th day of October 2001 at 351 W NORTH ST CARLISLE, PA 17013 by handing to NANCY CLIPPINGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.25 .00 10.00 .00 31. 25 r;,ac:. ~~ ~ -r-..e::e. ~ R. Thomas Kline 10/15/2001 JOHNSON DUFFIE STEWART WEIDNER Sworn and Subscribed to before By: L2;4 I #/~ De~ Sheriff me this /'1 e day of {J~ cZ6V/ A.D. Cjrr2~/# r thonotary ,:..~' i'J!"_';:f.~~ ~ ~ ~.l11 "~ -~- ~.~-- ~ ~" "' ~~ ~ '"~:~. _"'_M' 1 SHERIFF'S RETURN - REGULAR " CASE NO: 2001-05869 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 NANCY K the DEFENDANT , at 1800:00 HOURS, on the 12th day of October ,2001 at 351 W NORTH ST CARLISLE, PA 17013 by handing to NANCY CLIPPINGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r'~~ R. Thomas Kline 10/15/2001 JOHNSON DUFFIE STEWART WEIDNER Sworn and Subscribed to before By: _~/7~ ~~. Deputy heriff ~ me this It} '€ day of (]J~ oJ 6-0 { A.D. ~a~. r thonotary ~~"""= - "" , - ~!""'" ~ I' .- - <- .~~~~-~~-~ 1- '"-. -. r- .-..- 008482-00055/12,28,01/RWS/DCP/153209 THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5869 v, CIVIL ACTION - LAW RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, IN MORTGAGE FORECLOSURE Defendants 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 $78,447.00 with interest at the rate of 8.75 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 true and correct copy of the aforesaid notice, together with receipts for mailing, are attached hereto and made a part hereof. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Dated: .0.((.</"" ~H' 1$ z,dol By: ~~ -?VA:r- Richard W. Stewart AltorneyI.D, No. 18039 301 Market Street P.O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff 1 ",_7,'_'" . " ,I y, .1" 008482.00055/12,6,01/RWSIDCP/152571 THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5869 v. CNIL ACTION - LAW RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, IN MORTGAGE FORECLOSURE Defendants TO: RONALDB. CLIPPINGER, 351 West North Street, Carlisle, PA 17013 NANCYK. CLIPPINGER, 351 West North Street, Carlisle, PA 17013 DATE OF NOTICE: December 7, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TillS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Central Pennsylvania Legal Services 213-A North Front Street Harrisburg, PA 17101 (800) 932-0356 JOHNSON, DUFFIE, STEWART & WEIDNER By ~ /Ir JJJ- hard W. Stewart Third and Market Streets p, 0, Box 109 Lemoyne,PA 17043-0109 (717-761-4540 Attorneys for Plaintiff Certified Mail Return Receipt Requested 700006000025 55360243 7000 0600 0025 5536 0250 , I~._"",,__"~~ ,l'-' ,_",",,_ .<. ~'- "I, ; ~,"'--, .,' - ,Or" ., , 1 ~IIIII\!I "1l !" (JJ ~ 6' 3 n " c.> z (Xl c 3 ~ 0" ~ ~ '- Cl c .g -< ~ " co a- co co 3 - ~ ~ ~ g ~ = 0 n 3 ~ 5' " !a ~ 0 ,.. ~ " 00~g> ~ ill ~. 1l: 5"~~s. " [ ~ <<J ;::!. g i! 1h'," -Itl~ 0 ~ 0. 'n ;;:: ;;::. .. . 0. .' = ~ ~ " ~ i 000 C)"~ b ~"C ~ 9H ,,- ~ ;;:: m. ~ " ~ Q' ~ 0 ;;:: il' ~ m a ~ e- . 0 OJ 0. m i€ , ""~;;'f'4'\-'iC~~ .,..,- ~~8 ~:E:E'. (JJCDo; ~tll . 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P3m ~ :D- ~ ;;:: ~. ~ i:l " ~ 0 Q' ~ ;;:: ~ . ~ ~ m a ~ ~ e- '. " , 0. m " . ~ ~~j.. "~ 7000 0600 0025 ~""'~i~il' ~ fliiI~!i~% " ~~~\~\ I Rf3 '0\- i ~ ~ ~ ~\~l i t;t2 \SIWd ~ ~ ~ i~~i y:; -oJ ~^ () 0"" ' if t;;1 ~h tid" \-3 \ g , : C'l \ ~ , " .. .. o <; 3 ., .. ~ "f'1IlIftl!'l!Il'I"I"I ,... . . . Q?:~~;:g g~:t:=l.33 0+::T!a'< ';:""2- is::Eg:::;;~, -. Q) ., J] CD i3'~ 0" il '" ~a.!l h~ en aim C',,, ~ -g s: 3 ~.~\) 2CD:t!~1' -cO" 0.< (tI Pol CD iiCDo 3~om-<~ itaac 1ir~ . S=S'~'m~ CP,< ::r _ 0 .3 g CD ca 03 !!!." al P-"'C -0 G3 - CD (jJ m. ja It) '" i ,! ~! ~ ~ ~ m ~ ;n;p ~ ::OH .....:t!:g e5enl:;j t;li i 'I 1 I I I 1 i '" ~~ ''''IIlIJJIII1_~~I'',"~,_ ~'f'""I~ tI "~'""'~ .,,~, ~. ^ - ^",..~...,'i',",","-"-" . - "'''''''~'''''Jii''''l;Yll' rn'iIilj'''lIl\1lrTJ i"Wlfit"I':tif""""ij" 0 CO r, (.) -Iq, c: f"...) .. ~ 7? ::.:: '- :.:-:J ~ ..() l';C:,:-: ]~~jlI ;;!;l r:-rr,' ~,,'" 1=- -"7 - .,,,~ () ",__I- I 2"[ .c.j 0 (.0 ~'" G.: f -<..:.- ~~J !~''-- - (;.... <'---' c:' ,c~:tl ........ (:) )'.> (-. ~,c,. "-' S; ZJ :c-~;':C) p:: )>() :.'-..;,;i'fl 3 c .......~ 2 -"", - ;;.;...:: .:.n -:'" =<' S:J $ \.0 -< " - :[ 0 lHif!Rli!R~\!'Jfl''Il!li1OOFl'lr_t'Fl!,!~I~f.'F!'%;'''';'''''''lB"';~>'F.,t'~''-f1IW~~:ff.!l\\!:>'_f!i~'W{'r"" ,"'" ,1"","F'>'-'--v',~;:'i<",-'~r'''' ":\','T' IN THE COURT OF COMMON PLEAS OF' CUMHF.~r.ANp CIVIL DIVISION THE BANK OF LANDISBURG, Plaintiffis} File No. 01-5869 vs NOTICE OF FILING JUDGMENT RONALD B. CLIPPINGER AND NANCY K. CLIPPINGER Defendant(s) ( X) Notice is hereby given that a judgment in the above-captioned matter has beim entered against you in the amount of $78,447.00 on rU 2002 ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. ~ AO/wJ /~? 7J;J?/UJt ",t If you have any questions regarding this Notice, please contact the filing party: NAME: ADDRESS: Richard W. Stewart. F.R~lirp 301 Market Street ,', Lemoy.l'le, PA 17043 .- . ..; .,;,' TELEPHONE NO: 7l7/761-4'i40 (This Notice is given in accordance with Pa.R.C.P. 236.) Notice sent to: NAME ADD~ESS Mr. and Mr~ Ronald B. Clippinger 351 West North Street Carlisle, PA 17013 ~'-'''''"'P''7'',"_ -- " ~. I~ -"~~ "''''' . I "" '~l!!!lln; ~ "" f~""'f;;:.iC'""'""!!";;- >,~~ 1- I pRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Etc. IN THE COURT OF COMMON PLEAS OF CUMBERlAND 'COUNlY, PENNSYLVANIA THE BANK OF Ll\NDISB~<!________ ~~_._-_._._-~~~----_.-_._------- .. , - --_._~~----------~------------------------- Writ No. _____~___...-.....-..-......------...-... Tenn, 19___...... No. ___._____.01,:"'586.9____________ Tenn, 191L~Q.Ol 78,447.00 Amount due __..__....__;._~ $; .._a__.4__~.._""___.._.. Interest 'rom _lQL!i.Ql.!?____~~.._~_~~_&~_ 6/5/02 Att'y's Corn. ______________________..._________.... CasLs ____............_______; _~_________________..____ v.. RONAlD B. CLIPPINGER and -----~--------~----_._--------------------- NANCY K. CLIPPINGER J ----------------~----...-----------~~-_.._---- To .he Prothonolary oC.,,;d Ccurt: ISSUE WRlT OF EXECUTION IN THE ADOVE MATnR. (1) Directed to the Sherif! or ____~~____COuntyl Penna..; . RONALD B. CLIPPINGER and NANCY K. CLIPPINGER (2) again.. _______________________________,______ ____________________ _ _ . _ ._ __ ._______ .___ __________ .--------------.--------------~---------~---.---..-----______________________ l)elcndapl ($) i (3) aDc! against ..._.:____......~__.._...._....___....._______...__.._........._a..____..___...._a__________.._.. Ca.misllce (5) i (4) and index t1U!writ 'RONALD B. CLIPPINGER and NANCY K. CLIPPINGER" .' (a) aga>..... __"_______________ ______________ _________ ______ . _ ______ . _ _ _ _ __ ___. _._ __ ___ _ _______ .-----..........-------..-.......----------....----------__........__.._____....... Dc:Cenc1a.nl (1) and (b) ag,,;....t ----7----------------------7--.- _____________ _. _ _____ _ _ _ _ _ __ __. _ _ _ ___ _ __ _ _ __. ____ ---..-....... - -.. ....------.... ..--......... -..... --......--...--... ....-. _____ --..... _____.....~............ G amish ee (s), a.s a. lis pendens againJllbe real property or lite deCendant (slln the nameoLdte C:lrnishee (11 as '(nllowl: (.Spcc.i.ficall, delcn'be property) , Levy upon and sell all that certain tract of real estate situate in Carlisle Borough, Cumberland County, Pennsylvania, owned by the Defendantsr Ronald B. Clippinger and Nancy K. Clippinger, as more fully describedin Exhibit l'A" attached hereto and made a part hereof by reference. (5) ExcmP1ti,n has (lIot) been WAived. Dated --J(JIfJ.-1::-------- ,.-,.::;?Jl;J?-t11!k________________.. , Anomer Cnr PlninliH(s) Richard w. stewart NOTE Under paragraph (1), when the wrU Is directed to lhe sherltr of another CoW'lLy as auUlorl:ted by Rule 3103(b} the eounty should be lnd.eated.. ' Under :Rule 31D3(c:) a writ b:wed on a translerred ju dlemenl m.:ty be dluetecl only 10 the :sherill or the C'oUM)' 1n whIch bsucd. ~aragraph (3) acove should be comple1.ed onl)' 1! a II :mec1l:'arnlsbce Js to be ineJu'ded In Lhe writ, Paragraph (4.) . (a) Jhould lx! compleled only Jllndl!xlng ot u'e exccuUon In the t'ounly DC J$,JU3nC'e- is dC$lred a.s a,r"horJ:ted by :Rule 3104(a), Wilen Uie writ Issue.! 10 another county Indexlne Is required lIS o! C'Ourse In that county by the tlrothonoblrv. Stool! nllh. ~ln...{+., -." "~-,~ ~ "ll "'-~~,,-- "I"" -~ "~~~, .~ -. " ,,", 1\ ~ O!tc482.00055/3.4.02/RWS/DCP/15470~ , , EXIllBIT "A" ALL THOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and desClibed as follows: TRACT NO.1: BEGINNING at a point on Arch Street; thence eastwardly along the line of Tract No.2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the Place of BEGINNING. HAVING thereon erected the northern part of two and one-half story brick dwelling known and numbered as 307 Arch Street, Carlisle, Pennsylvania 17013. TRACT NO.2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property formerly of George R. Wenger, and now or late of Arthur Nickey; thence southwardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No.1, herein described; thence westwardly along the line of last mentioned property, a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point of BEGINNING, BEING THE SAME ,PREMISES which Barbara Wood Brown, by deed dated December 18, 1998, and recorded in the Office of the Recorder of D,e'€ds of Cumberland County in Deed Book 191, Page 308, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. TAX PARCEL NO. 04-21-0320-586 SEZIED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. "!~~!I ,,- , 1~'."'7' .. "~ ?~ = i!.'l "~'.""' ..... .--.., ..- II 1\' ",,! .. . ~ -G:j. 1: "- 0 0 ....... ~ ~ ~ c: P~) C.:' -c.. ~ ...0 ~ '- ~ ,... -n ..0 ,..... -off; :J!:: ;- :.r.:... ';-- 10 , nln~ ;:ry ..... ....... d () CI\ B ~ & '-.! B 2:::.r.,: () 0 z~ I )J 0 ~ (j) c~ c:. ~ () ~..:::.' J,J I , ..-c) f' I I I ~c:; - \ J:- ~ r~ 52 ~ cc "7 ~; :3 ~ , 1'0 -< V , ~ ~ ~ ~ ... ~ ~ , , ~ , , , , , ~ ~ ..... ~ ~ . Y--f 3~ .~ _ ,~.lIlI,"~ . '$elW~ ;4".."".""'"'' ,;""",~",\,,,-,,,,.:;,,, ,;;f{":c;":'~':","-v",-,'c"'~"'~;<'~',,",!"';"'("'H~;"~.""i'*""-<'i'Ji"j~:I:~n~'2'f~~ :sni1[iJ;1'!~ _, , ~,....,lifW~!llI!~:m;wm~~~ _!'_ 008482-00055/3,4,02lRWSIDCP/153206 ""' THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 01-5869 v, CIVIL ACTION - LAW RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of Landisburg, by its attorneys, Johnson, Duffie, 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 307 Arch Street, Carlisle, Pennsylvania, I, Name and address ofOwner(s) or Reputed Owner(s): Name: Address: Ronald B. Clippinger 351 West North Street Carlisle, P A 17013 Nancy K. Clippinger 351 West North Street Carlisle, P A 17013 2, Name and address ofDefendant(s) in the judgment: Name: Address: Ronald B. Clippinger 351 West North Street Carlisle, P A 17013 Nancy K, Clippinger 351 West North Street Carlisle, P A 17013 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: The Bank of Landisburg Address: P.O. Box 179 Landisburg, P A 17040 I~; - _..,1:,"" _ _~ ~ " ", " - ... 008482-00055/3,4,02/RWS/[)CP/15530~ Pennsylvania State Bank c/o Bruce D, Foreman, Esquire 4409 N. Front Street Harrisburg, P A 17110 Lee M. Diehl 408 Franklin Street Carlisle, PA 17013 Chester W. Schlusser, Jr. Barbara L. Reisinger Chester W, Schlusser, Sf. c/o Robert G. Frey, Esquire Frey & Tiley 5 S. Hanover Street Carlisle, PA 17013 Thomas Day, Jf. Susan K. Day c/o Mark A. Denlinger, Esquire 10 E. High Street Carlisle, P A 17013 Vincent H. Gettel Shirley Ann Gettel P,O, Box 85 Spring Run, P A 17262 First Union National Bank 123 S, Broad Street Philadelphia, PA 19109 4. Name and address of the last recorded holder of every mortgage of record: The Bank of Landisburg Address: P.O. Box 179 Landisburg, P A 17040 Name: Barbara W, Brown 1200 Biddle Drive Carlisle,PA 17013 5, Name and address of every other person who has any record lien on the property: Name: Tax Claim Bureau Address: One Courthouse Square Carlisle, P A 17013 6, Name and address of every other person of whom the Plaintiff has Imowledge who has any record interest in the property and whose interest may be affected by the sale: Name: Address: !'"-<'!1:~_ ", -l ~,- '"'''!l' 008482-00055/3.4,02/RWS/DCP/15530~ 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: ?, h j,r'L r , JOHNSON, DUFFIE, STEWART & WEIDNER BY: --;IV ~..dI5r Richard W. Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ill No. 18039 Attorneys for Plaintiff 'F...",. .~1!\Il -., , I- -'. ""'""'l ,." 008482-000551~,4,02IRWSIDCPI154 702 EXHIBIT "A" ALL THOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at a point on Arch Street; thence eastwardly along the line of Tract No.2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the Place of BEGINNING. HAVING thereon erected the northern part of two and one-half story brick dwelling known and numbered as 307 Arch Street, Carlisle, Pennsylvania 17013, TRACT NO.2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property formerly of George R. Wenger, and now or late of Arthur Nickey; thence southwardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No.1, herein described; thence westwardly along the line of last mentioned property, a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point of BEGINNING. BEING THE SAME PREMISES which Barbara Wood Brown, by deed dated December 18, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 308, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein, TAX PARCEL NO. 04-21-0320-586 SEZIED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. I ,-,~,~"0<W&['\pIo""",,, ,~ ,,0 , ,- I~- -~~ ~~ 1"' , " 00848~-00055/3,5,02/RWS/DCP/155308 THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 01-5869 v. CNIL ACTION - LAW RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVll.. PROCEDURE 3129.2 TO: RONALD B. CLIPPINGER and NANCY K. CLIPPINGER Your real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 307 Arch Street, Carlisle, Pennsylvania is scheduled to be sold at Sheriff's Sale on June 5, 2002, at 10:00 a.ill. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $78,447.00 obtained by The Bank of Landisburg against you, THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference, TIlE LOCATION of your property to be sold is: 307 Arch Street. Carlisle. Pennsylvania 17013 THE PROPERTY IS IMPROVED WITH a portion of two and one-half brick dwelling THE nJDGMENT under or pursuant to which your property is being sold is docketed to: No, 01-5869 Civil Term 2001 in the Court of Common Pleas of Cumberland County. Pennsvlvania The name and address of the owner or reputed owner oflhis property is: Ronald B. Clippinger and Nancv K, Clippinger. 351 West North Street. Carlisle. P A 17013 -1':,<>,,_, ~- "'~ '-""":' . .1' - "~. 008482,00055/3,4,02/RWS/DCP/155308 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or cOlporate 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 saje 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, fuformation 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 TIDS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to the Sheriff of Cumberland County, the amount of the judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland County at (717) 240-6390, 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause. 3 , You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale, YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390, 2. You may be able to petition the Court to set aside the sale if the price was grossly inadequate compared to 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, 'y;;~- ,~ "~, ._". .'"'--. 'T-I-"- ", ,", I"". " - I 008482-00055/3.4,02lRWS/DCP/15530~ I ), 'I 1 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 Sheriff within ten (10) days after the date of the filing of the schedule of distribution, 6, You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE TillS 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, DUFFIE, STEWART & WEIDNER BY: -P ~Ar- Richard W, Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff Date: March:J--, 2002 i"'f'"N"'"""'~1 _~.. ~I - If ',~ F~ ." il 008482-00055/3.4,02/RWS/DCP/154702 EXHIBIT "A" ALL THOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at a point on Arch Street; thence eastwardly along the line of Tract No.2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs, Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the Place of BEGINNING. HAVING thereon erected the northern part of two and one-half story brick dwelling known and numbered as 307 Arch Street, Carlisle, Pennsylvania 17013, TRACT NO.2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property formerly of George R. Wenger, and now or late of Arthur Nickey; thence southwardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No.1, herein described; thence westwardly along the line of last mentioned property, a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point of BEGINNING, BEING THE SAME PREMISES which Barbara Wood Brown, by deed dated December 18, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 308, granted and conveyed unto Ronald B. Clippinger and Nancy K, Clippinger, Defendants herein, TAX PARCEL NO. 04-21-0320-586 SEZIED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners, _'T\~~jl,_.,;__",,_<," =~r ,... , " ~," ~~~ . -- - "--"_."~"'~"'""" -- illnJlllIllmlli'illi" f- \}\ 0 C) () ~ C i'-..) --'1 ~:: .-~;;t: '1J ,"1 L'.. .:-'~~ m ,-,: :'::Q Z ""', :?: c: I UJ ()) .../ ~ l :;;;~, ..r;-. C) L~ ~ C' CD ~ ' , ~; =2 - (...J :..0 -< 'm!l'l'~~ II]IJ'J 1m;! !, "~.~fil!!,,ft<MlliI,,,,,,,,,,'~_ ""_~'"'" _. __,<",~~_~,M:1<'lliff!Pl>)>l~'ijlW;:Iftffl"!,,,rfP;f~i!:"~~~'%<'l,p>>,w';m~J;~!I!,,!N'l!1ll!!fflIl1im!1!lF1ll11l'l~!lilij'jf<l~!ti"\~I~, .,' -~~ COMMONWEALTH OF PENNSYLVANIA } COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Bank of Landisburg is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2002, under and by virtue of a writ Execution issued on the 8th day of March, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 01 Number 5869, at the suit of Bank of Landisburg against Ronald B Clippinger & Nancv K is duly recorded in Sheriffs Deed Book No. 252, Page 3733. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / f 7( day oH-' A.D. 20E .. Recorder of Deeds &;.;.~==~ ,!, ,-,"=",-,,,,,,,,,~-~-, "I - ,-', -: . . ~ '-';"l'~""""~""',"", The Bank of Landisburg VS Ronald B. Clippinger and Nancy K. Clippinger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5869 Civil Term Richard Smith, Deputy Sheriff, who being du1y sworn according to law, states that on March 20, 2002 at 8:09 o'clock am, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ronald B. Clippinger, by making known unto Ronald B. Clippinger personally, at 351 West North Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same, Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on March 20,2002 at 8:09 o'clock am, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Nancy K. Clippinger, by making known unto Ronald B. Clippinger, husband of defendant, at 351 West North Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2002 at 2:30 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ronald B. Clippinger and Nancy K. Clippinger located at 307 Arch Street, Carlisle, Peunsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Nancy K. Clippinger; by regular mail to her last known address of 351 West North Street, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Ronald B. Clippinger, by regular mail to his last known address of 351 West North Street, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriffs Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Richard Stewart for The Bank of Landisburg. It being the highest bid and best price received for the same, The Bank of Landisburg of P.O. Box 179, Landisburg, P A 17040, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $922.14, it being costs. ~" . -,- <,"" ~o - '1.1 ..~-- Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Service Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 18.08 30.00 30.00 30.00 20.00 .50 1.00 6.90 .86 30.00 40.00 353.75 251.35 25.20 25.00 29.50 $922.14 paid by attorney 07/11/02 Sworn and subscribed to before me So Answers: This ;hJ ~day of (;J" r.J' r~ ~""1: 4...(' Q. R. Thomas Kline, Slri;- 2002, A.D. J:' (J. ~,fl'~/~- Pro onotary J J' -, d_ BY 0 ci..4 ~\ Real Estate beputy ,,,.,"t,,,,?,,,,,,<,,,,,,,,,,_ '." "_""., "r" ~~ - ~ ,,' " "~ ,0 cvY--' ~ 3b'IJO 1.511 Ck.3?'1ot... 12..u. /;). N. jI.. , .~ ,t_ ...,..~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-5869 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs dne THE BANK OF LANDISBURG PLANTIFF(S) From RONALD B. and NANCY K. CLIPPINGER, 351 W, NORTH ST., CARLISLE PA 17013" (1) You are directed to levy upon the property of the defendant( s) and to sell REAL ESTATE LOCATED AT 307 ARCH ST" CARLISEL PA 17013. (SEE ATTACED LEGAL DESCRIPTION.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an artachmenthas been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, ' Amount Due $78,447,00 Interest 10/1/01 - 6/5/02 $4,664.88 Arty's Comm % Arty Paid $119.25 Plaintiff Paid L.L, $.50 $1.00 Due prothy Other Costs Date: MARCH 8, 2002 CURTIS R, LONG Prothonotary, Civil Division Ry' 40/hp - {} /7;!r/l~O& REQUESTING PARTY: Name RICHARD W, STEWART, ESQ, Address: 301 MARKET ST LEMOYNE PA 17043 Attomey for: PLAINTIFF Telephone: (717)761- 4540 Supreme Court ill No, -"'-'''iIW''''''''''''''~I''~ - ' "'I" "" - ~~, r , ~ " r" - ~ ., '"'".'.~M '.nr Real Estate Sale #63 On March 15,2002 the sherifflevied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, P A known and numbered as 307 Arch Street, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2002 By: JoeL( ~-i0 Real Estate Deputy "-:\,6 (' \,\ ~.;~ ,..' ':: \" '1 ,:"" '. _ , \\ \ 't'i~ ,-)\ , < \ c: \. L,\ "leJ \ '. ,,~ '!'\ '1\\ \ , -,)' ~...._\IJ ~ < . . ..:'" \....' ~. ' \J - ',' 'l").'~::A':" ~' ;:llll:" - . I "!II!i'!ill"'liii ., c:::;:ro C:;-.l " c: ,.)1 G-cJ GViJ wUIIJJlimPJIJ!!l~~~""'1~'l'"""JiIl 'IiW!~~"If1<F'!!,~W~'f'I'~'IO~~~TII!I"'llH""~":'.l"'c " ,-, -, -'"",'V"','-'_~",1)*"';"'}'''-1-~ ',',:"N~I'~"''''''!?''"'''''''''t~j'''',1'a'''''~:';_''''''~'1:."J"J\l'ft[~{~!!lJ!' f,',"""c""',:""'/:;": ':;U~_~ " 008482-0D05513.4,Q2JRWSIOCPI153206 '" THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5869 v. CIVIL ACTION - LAW RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of Landisburg, by its attorneys, Johnson, Duffie, Stewart & Weidner, sets forth as of the date the Praecipe for the Writ of Execution was filed the following inforn1ation cO/1cerning the real property located 307 Arch Street, Carlisle, Pennsylvania. 1. Name and address ofOwner(s) or Reputed Owner(s): Name: Address: Nancy K. Clippinger 351 West North Street , Carlisle, P A 17013 (") c C) C N -n ".. ::!1: ...-' -06:; :r1O Q]C~ :;0 -,- L-....J.-. I ~n z~ c en." m , .-r-:;:-" () r:: (j :.r::: "YI "'- ~~~~ b p-- -""" z..../ pO 0) -om c::: 0 --j ~ J;' 1'0 ~ Ronald B. Clippinger 351 West North Steet Carlisle, PA 1701S 2. Name and address ofDefendant(s) in the judgment Name: Address: Ronald B. Clippinger 351 West North Street Carlisle, PA 170~3 Nancy K. Clippinger 351 West North Street Carlisle, PA 17013 3, Name and last known address of every judgment creditor, whose judgment is a record lien on the real property to be sold: Name: The Bank of Landisburg Address: P.O. Box 179 Landisburg, P A 17040 ",j,.,"'~'~)""""'~ -~- . "I -1" ""~, "" rl-1~ ~ - ~" I ~, i: " 008482-00055/3.4.02lRWS/DCP/155308 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. Denlirjger, Esquire 10 E, High Street Carlisle, PA 17013 Vincent H, Gettel Shirley Ann Gettel P.O. Box 85 Spring Run, P A 17262 First Union National Bank 123 S. Broad Street Philadelphia, PA ]9109 4, Name and address of the last recorded holder of every mortgilge of record: Name: Address: The Bank of Landisburg P.O. Box 179 Landisburg, PA 17040 Barbara W. Brown 1200 Biddle Drive, Carlisle, PA 17013 5, Name and address of every other person who has any record lien on the property: Name: Tax Claim Bureau Address: One Courthouse Square Carlisle, PA 17013 6, Name and address of every other person of whom the Plaintiff has lmowledge who has any record interest in the property and whose interest may be affected by the sale: Name: Address: ","A'1"'l:"!',""""'f '1 "~ I~ """"",,," ,....".- !~, "~, ~~ " _ , 0084.82-00D55/3.4,02lRWS/9CP/155308 ( 7, Name and address of every other person of whom the Plaintiff has lmowledge who has any interest in the property which may be affected by the sale: Name: Address: -':j 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. JOHNSON, DUFFIE, STEWART & WEIDNER BY: --A-J $dkr Richard W. Stewart Johnson, Duffie, StewaJi & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-76l-4(i40 Attorney ID No. 18039 Attorneys for Plaintiff Date: '~',j'''~l.''Q-''~ _~, ,-~ I ' - ,~~ - ~'~~l~~~""'~ , 008482-00055/3,5,02/RWS/DC"/155308 / Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5869 THE BANK OF LANDISBURG, v. CNIL ACTION - LAW RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.2 TO: RONALD B. CLIPPINGER and NANCY K. CLIPPINGER Your real estate situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 307 Arch Street, Carlisle, Pennsylvania is scheduled to be sold at Sheriffs Sale on June 5, 2002, at 10:00 a,m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the COUlt Judgment of $78,447.00 obtained by The Bank of Landisburg against you, THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference. THE LOCATION of your property to be sold is: 307 Arch Street. Carlisle. Pennsvlvania 17013 TIlE PROPERTY IS IMPROVED WITH a portion of two and one-half brick dwelling THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No, 01-5869 Civil Term 2001 in the Court of Common Pleas of Cumberland County. Pennsvlvania The name and address of the owner or reputed owner of this property is: Ronald B. Cli1J1Jinger and Nancv K, Clippinger. 351 West North Street. Carlisle. P A 17013 <'''i-~--.'''',,,,,,~_ ~, -- ~D~ ~I~'~'_ ,-, ~., '<!"".. - l' 008482-00055/3A.02/RWS/OCP/155308 . i / 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 saje 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 CU11lJberland County, Pennsylvania, Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TillS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I. The sale will be canceled if you pay to the Sheriff of Cum1:!erland 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 tlie Court to strike, or open the judgment, if the i judgment was improperly entered, You may also ask the Court to postpone tlj.e 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 hav~ of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR p~.oPERTY ~ YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'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 fmd 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. 'C'r,)"'''''~'->",_ ,,"~, ,"I~ .- I' f'l- 1 ~, " 008482-00055/3A.02lRWS/DCP/155308 ,/ S. You may be entitled to a share of the money which was paid for your property. A schedule of disnibution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale date. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the date of the filing of the schedule of distribution. 6. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after thesale. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, G0 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, DUFFIE, STEWART & WEIDNER Date: March 7 . 2002 BY: --# 4(dIJ-' Richard W. Stewart J obuson, Duffie, Stewart & Weidner 30 I Market Street Lemoyne"Pennsylvania 17043 717-761-4540 Attomey ID No. 18039 Attorneys' for Plaintiff ~ :"-"1"'O~'~-"~1'''''''-'.''''''1O''"''_Jl - _ r ~ , .,. I' . , , ., 1-'" r :- I ." ~i' - " 008"82-00055f3,',02lRWSfOCPf15'702 EXHIBIT "A" ALL THOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at a point on Arch Street; thence eastwardly along the line of Tract No.2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the Place of BEGINNING. HAVING thereon erected the northern part of two and one-half story brick dwelling known and numbered as 307 Arch Sl1"eet, Carlisle, Pemlsylvania 17013. TRACT NO.2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property formerly of George R. Wenger, and now or late of Arthur Nickey; thence southwardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No.1, herein described; thence westwardly along the line of last mentioned property, a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point of BEGINNING. BEING THE SAME PREMISES which Barbara Wood Brown, by deed dated December 18, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 308, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. TAX PARCEL NO. 04-21-0320-586 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 P A TIUOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act 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~ Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto Is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s} of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317, , Sworn t<N6lW1~lI!lscribe Terry L. Russell, Notary Public Harrisburg, Dauphin County My Commission Expires June i. 2002 Member, PennsylVania Assoclalion ot Nolarles PUBLICATION COpy SALE #63 My commission expires June 6, 2002 CUMBERLAND COUNlY SHERIFFS OFFICE CUMBERLAND COUNlY COURTHOUSE CARLISLE, PA. 17013 , Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 249.60 1.75 251,35 Publisher's Receipt for Advertising Cost , ,The Patriot News Co" publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid, By,.",..,...,.,.,......,.,.,.".,.,.,.,..""'.,.,.,.,.,.,.,.,.,.,." I-'tf~ ~,. ~-, , ~-I - .' -._-----. -- r-' REAL ESTATE SALE No, 63 Writ No. 2001-5869 ~ CivllTe,", ----.-- __ The Bank of landl~burg ~_.--.~- ..:-.:","tr6" ~~ Ronald B. Clippinger and Nancy K, Clippinger ~ M\y:RlchetdSlewert ~DESCRIPTION " ALL THOSE CERTAIN two tracts of land with the =jmpr01:emen~..tItereon eiuted situate in the Third =_ Ww:d _ of the )kJrougJi of Carlisle. CumbeJland ::=C:oonty, Pennsylvania, .bounded and described as ;'-fOllows: ____TRACt NO,l: BEGINhT[NG at a point on Arch. ~treet;_therice eastw~nll.y along the line of Tract Nol - 'heteindescribed,adistaneeof 129 feet l'J llll alley; :;-~_nce-_wutltward1y along that alley a distance of 16:50 feet to the line of property now or fonnerly of. Mrs. Clara Bream; thence westwardly along tlie line .jf~aiq property a distance of 129 feet to a.point on ::il]eaforesaidArch Street; thence nortbwardly along ~i1i.Stree_t a distance of 16..50 feel to a poin~ the A",_ofBEGlNNING, ;HAVING thereon erected 1he northern part of two -~_pne-half story brick dwelling knowii. and ~-u3<l1 ArchS\reet,~lis!e,PennsyI'im:i;__ -"---:2:~BEGr.~Q_at_<Lpoillt at lhe arwalliuratid-Alth S~ts; thence oJ1g.Wa]nutStreetadistanceof40feel ,~~Jgrm~ly-P(George R. Wenger, and or AWl!!r Nicle~'; !hence southwardly cng _ e sEd Dro~rty a distance of 46 fee! 06 jncbe~ L~i..1Il.The.1iri.eofTrnctNo.1,hereindescribed; JJ!!e~c~Y>'~twill'dly along the line of lnst mentioned il..Klperty, a distance 0;.:\0 feet to a point on said Attn JlS~ru:c north.wadly along thatstreeladiscance ~J6Jeq 06 inches to lbe,poinl of BEGINNING. BEING THE SAME premises which Barbara Wood Brown, br.deed dated December 18, 1998, and ":rec-orded in the Office of the Recorder of Deeds of _~CuJl1bedand Collllty in Deed Book 191, Pllge 308, granted and conveyed Ullto Ronald B. Clippinger and _Nan!:)' K. Clippinger, Defendanll; herein. ...:r~1'AR(:El~~Q4-21.Q32G-586. "fSElZED, taken in eteCution and to be &Jld as the ~P19perty of Roaald B. Clippinger and Nancy K. -Clippinger, jlldgment debtors and real owners. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being du1y 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 regu1ar editions and issues of the said Cumberland Law Journal on the following dates, VIZ: APRlL26,MAY3,10,2002 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 stateIllents as to tilJ1~, place and character of publication are true. ~ Ro er M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 Not w.~ LOIS E. SNYDER, NoIaIy PublIc C'aIIsle Bcro, Cumbarianil County My~1 Explrea March 5, 2005 "-,,,,~,!,,, ."," -, " , - ~ ,i~ ~, " :.l\;. ,..1""'_ RIIIAL IlISTATE SMlE 110. 118 Writ No. 2001-5869 CIvtl The Bank of Landisburg VB, Ronald B. Clippinger and Nancy K. Clippinger Atly.: Richard Stewart EXHIBIT "A- ALL TIlOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO, 1: BEGINNING at a point on Arch Street; thence east- wardy along the line of Tract No. 2 herein described, a distance of .129 feet to an alley; thence southwardly along that allcy a distance of 16,50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point. the Place of BEGINNING, HAVING thereon erected the northern part of two and one-half story brick dwelling known and numbered as 307 Arch Street, Car- lisle, Pennsylvania 17013. TRACT NO.2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property formerly of George R. Wenger, and now or late of Arthur Nickey; thence south- wardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No.1. herein described; thence westward- ly along the line of last mentioned property. a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a dis- tance of 46 feet 06 inches to the point of BEGINNING, BEING THE SAME PREMISES wWch Barbara Wood Brown. by deed dated December 18, 1998, and re- corded in the Office of the Recorder of Deeds of Cumberland COWlty in' Deed Book 19 I, Page 308. granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. TAX PARCEL NO. 04-21-0320- 586. SEIZED, 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. !" , - f"" ..,r" I""'~ " 008482-00055/3,4,02/RWS/DCP/154702 THE BANK OF LANDISBURG, IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5869 v, CIVIL ACTION - LAW RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, IN MORTGAGE FORECLOSURE Defendants COUNTY OF PENNSYLVANIA : ss: COUNTY OF CUMBERLAND ~.bui O-{! rrL~ll[~ RICHARD w. STEWART, being duly 'sworn acconling 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 f(\QvTIf\ I~ ,2002, by mailing a copy of the attached Notice by United States Mail, First Class, Postage Prepaid, addressed as follows: Pennsylvania State Bank clo Bruce D. Foreman, Esquire 4409 N, Front Street Harrisburg, P A 1711 0 Lee M. Diehl 408 Franklin Street Carlisle, PA 17013 Chester W. Schlusser, Ir. Barbara L. Reisinger Chester W. Schlusser, Sr. clo Robert G, Frey, Esquire Frey & Tiley 5 S, Hanover Street Carlisle, P A 17013 Thomas Day, Ir. Susan K. Day clo Mark A. Denlinger, Esquire 10 E. High Street Carlisle, P A 17013 '1'~~," ~'~r' ~_' - -.. -~ ,"""', - - " -1-" , '~-, """"""- 008482-00055/3,4,02/RWS/DCP/154702 Vincent H. Gettel Shirley Ann Gettel P,O, Box 85 Spring Run, P A 17262 First Union National Bank 123 S, Broad Street Philadelphia, P A 19109 Barbara W, Brown 1200 Biddle Drive Carlisle, P A 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, ~$~ RICHARD W. STEWART Notary Public NoIaItaI Seal DarIa C.l'Btmer, NoIary Public l.llmoyne Boro, CIImllerlanll CcunIy CommtHion Elcplma Dtc. 29. 2005 Member. Plnniy1van!l AIlICCIIttOn Of NotarIes ~'*t.lC,1. ~,I~" ", , 1'? "l'"' . -1,0 " ~ 008482-00055/3,4,02/RWS/DCP/155308 THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5869 v, CIVIL ACTION - LAW RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE AND DIVESTITURE OF LIENS TO: Pennsylvania State Bank c/o Bruce D, Foreman, Esquire 4409 N. Front Street Harrisburg, P A 17110 No, 2000-1288 Lee M, Diehl 408 Franklin Street Carlisle, PA 17013 No, 1998-05278 Chester W, ScWusser, Jr. Barbara L. Reisinger Chester W, Schlusser, Sr. c/o Robert G. Frey, Esquire Frey & Tiley 5 S, Hanover Street Carlisle, P A 17013 No. 1999-7107 Thomas Day, Jr. Susan K. Day c/o Mark A, Denlinger, Esquire 10 E. High Street Carlisle, P A 17013 No, 2000-4868 Vincent H, Gettel Shirley Ann Gettel P,O. Box 85 Spring Run, P A 17262 No. 2000-08283 First Union National Bank 123 S, Broad Street Philadelphia, PA 19109 No, 2001-02455 't':,"1 ,. ,'''''i r- - "<-~ -! - '" -~ ,~ "," ", '-, ~ ~ -, -f ",- 008482-00055/3.4,02/RWS/DCP/154702 Barbara W, Brown 1200 Biddle Drive Carlisle, P A 17013 Mortgage Book 1507, Page 1 Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 You are hereby notified that the lien of judgment or lien of mortgage that you may have against real estate owned by the above-named Defendant against the land owned by the Defendant at 307 Arch Street, Carlisle Borough, Cumberland County, Pennsylvania, and more fully described in the exhibit attached hereto, will be divested by a Sheriffs Sale scheduled to be held on June 5, 2002, at 10:00 a.m, in the Cumberland County Courthouse, Carlisle, Pennsylvania, Unless you take action to stop the Sheriffs Sale, or unless you appear at the Sheriffs Sale and bid to protect your interest, your lien against the land scheduled to be sold at Sheriffs Sale will be divested by the Sheriffs Sale, A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made 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. YOU SHOULD TAKE TillS 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 J2L, 2002 JOHNSON, DUFFIE, STEWART & WEIDNER BY: ~J $~ Richard W, Stewart Johnson, Duffie, StewaIt & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff w~ ~"r ~"., ., '" ,-"'-,r r' .........- 008482-00055/3.4,02/RWSIDCP/154 702 EXHlBIT "A" ALL THOSE CERTAIN two tracts of land with the improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at a point on Arch Street; thence eastwardly along the line of Tract No, 2 herein described, a distance of 129 feet to an alley; thence southwardly along that alley a distance of 16.50 feet to the line of property now or formerly of Mrs. Clara Bream; thence westwardly along the line of said property a distance of 129 feet to a point on the aforesaid Arch Street; thence northwardly along Arch Street a distance of 16.50 feet to a point, the Place of BEGINNING, HA VlNG thereon erected the northern part of two and one-half story brick dwelling known and numbered as 307 Arch Street, Carlisle, Pennsylvania 17013, TRACT NO.2: BEGINNING at a point at the intersection of Walnut and Arch Streets; thence eastwardly along Walnut Street a distance of 40 feet to line of property formerly of George R. Wenger, and now or late of Arthur Nickey; thence southwardly along the said property a distance of 46 feet 06 inches to a point in the line of Tract No. I, herein described; thence westwardly along the line of last mentioned property, a distance of 40 feet to a point on said Arch Street; thence northwardly along that street a distance of 46 feet 06 inches to the point of BEGINNING. BEING THE SAME PREMISES which Barbara Wood Brown, by deed dated December 18, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 308, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. TAX PARCEL NO. 04-21-0320-586 SEZIED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. 7:: , n1li<iJ,I' ", "'I ., I ,. " ," U.s. POS. CERTIFICAl Received From: Richard W. St, 301 Market Sh Lemovne, PA 17043 One piece of ordinery mail addressed to: . '4 Pennsylvania State Bank c/o Bruce D. Foreman, ESQUire 4409 N. Front St.. Ha=isburo, PA 17110 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER PSFORM US P 6 MAY 1976 3817 GO 171- .31 u.S. POSTAL' CERTIFICATE I Received From: Richard W. SteWaI 301 Market Street Lemoyne. PA 17043 One piece of ordinery mail addrened 10: . ... ~ . :] Lee M. Diehl 408 Franklin Street ~nrl;Rlp.. PA 17013 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER PS FORM MAY 1976 3817 - f~"",p . ~ 'r ,.. '1 u S GPO 171-631 ~ -- I , '<~'~'. U.s. POST" CERTIFICATE Receh,., From: Richard W. Stl 301 Market St: TPmnynA. PA 17043 One piece of Ordinary mell addreslJld to: Thomas Day, Jr. & Susan K. Dav r./n Mi'lrk A. DAnJinoAr. Esmlire In ~ u;qp ~r r~rl;~lA PA 17011 ~6': I:~U'::ZC~ORO~~~~A~~A INTERNATlO~Al MAil, DOES NOT PROVIDE PS FORM MAY 1976 3817 U S GPO 171-631 U.S. POSTAL CERTIFICATE I Reeeived From: Rkhard W. Stewi ,01 Mi'lrkp.t Stre, J;pm"y'''' PA 1 7043 One piece of ordinary meillddressed t\J! !:hp.ster W. Schlu~ser, Jr., Barbara rn",c,j-",r W ~r.h111ssp.r c/o Robert C:;. FreV:,...1;.sq. 3 ~. H5lno"er C:l- . r,;,rlis1A PA 170LL-__ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, D~ NOT PROVIDE FOR INSURANCE ~ POSTMASTER ~~:~:7~ 3817 U S GPQ J.71- 631 ! -""f'!"j1CJ ~" , -~-,. 1'1'_ . . , I . , ",' - - 'i'l r,,~..~ 0- " -- -~ . . ~ ,~-, 'I U.S.P~ CERTlFICA' Receiwd From: RichaJ:d W. St., 301 Market StJ Lemoyne, PA L One piece of ordinary mail addrehlld to: Vincent H. Gettel and Shirley Ann Gettel PO Box 85 Spring Run, PA 17262 MAY BE useD FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER ~~:~:7~ 3817 U S GPO 171-631 U.s. POST CERTIFICAT\ =-': Received From: RichanlW. Ste . 301 Market st:r: P 17011 Qtle piece of Ordinary mail addreued to: First Union National Bank ]23 S. Broad Street Phj1~np1ph;~. PA 19109 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANce - POSTMASTER ~~:?;,~ 3817 U S GPO 171-6)1 . '-''''<'' ~, - r ' " ~ .-, ",~ ~ ,. ." ., - " '>" ''''fw'FrC'~IIlT1n!11illllil1l~ 'T'1iIJ(;r~:''fi!;1:i''W, () ,Sl.) p ,'. () ~ , ~- t ~~ ,;:po. i , .:;':1 -., n l~;~: ,) >::.r , -c:: q j- 01::- ,> ('-';; / :-,f, ~ ~ ~C) :::-0 -',-..' ~ j;;;C; -..;,~ C)", f,:::: ?'--./ ~-:: drT:) =< :,'1 --I <.I) '- ~ .~ ----=- -< 'l':"',IlllIII'!J!..,"! ~~~,".~~,~~_~.~1~l:l~~~,C'WW'_i~~!llijl1l'{mr'~~~i\i!rl';l!~~~~~~~",~=Jli)!:__,"'_,1'_ <'<r",_~,~1 - U.S. POS1 CERTIFICATI Rec:eiIl8dFrom: RichaI:d W. Ste~ 301 Market StrE Tpmnynp., PA 1704] One piece of ordinary mail addressed to: Tax Claim Bureau One_tourthoU8p. Sq!.mlrB: ()=Irl,;c::l~J Pl\. 17nl1. MAY BE USED FDA DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE - POSTMASTER ~~~~:7~ 3817 U S GPO 171-631 U.S. POSTA CERTIFICATE Received From: RichaI:d W. SteW1 301 Market Stre, Lemoyne, PA l7u4j One piec. of ordinary mail addressed to: Barbara W. Brown 1700 Rinrlle Drivp. Car~~ P' l79lJ ~AVBr~tr"6R 'DOMESTIC AND INTERNATIONAL MAil, DOES NOT P~OVIDE FOR INSURANCE - POSTMASTER PS FORM MAY1976 3817 US GPO 171-6)1 I ;'! ii " ;" "";~ -~~