Loading...
HomeMy WebLinkAbout01-05870 II 008482-00055/3.18,02/RWS/KL T/154741.1 ,I if , THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5870 v. CIVIL ACTION - LAW RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, IN MORTGAGE FORECLOSURE Defendants COUNTY OF PENNSYLVANIA : ss: COUNTY OF CUMBERLAND : m28ckwl'~ 0+ ~'L,~9' RICHARD W. STEWART, being duly sworn according to law, deposes and says that he served the attached Notice of Sheriff's Sale and Divestiture of Liens upon all judgment creditors, mortgagees, and other persons who have any interest of record in or lien of record upon the property scheduled to be sold at Sheriff's Sale in the above matter on \f\Q.f~ 1 ~) , 2002, by mailing a copy of the attached Notice by United States Mail, First Class, Postage Prepaid, addressed as follows: Pennsylvania State Baulc c/o Bruce D. Foreman, Esquire 4409 N. Front Street Harrisburg, P A 17110 Thomas Day, Jr. 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 Baulc 123 S. Broad Street Philadelphia, P A 191 09 '-1 "~"",,,!I!I ':'_' "'.~ '0 _",'. ,,,-..r;""""'__e" . ,- "'!'~'"I ,- ,'.-,""' ,,'~ ,,' ~,' 0_ '" . ,~_ ~ " _,' .-, 1I!!I1M' I n 008482-00055/3.18.02/RWS/KL T/154741.1 Chester W. Schlusser, Jr. Barbara L. Reisinger Chester W. Schlusser, Sr. c/o Robert G. Frey, Esquire Frey & Tiley 5 S. Hanover Street Carlisle, P A 17013 Lee M. Diehl 408 Franklin Street Carlisle, PA 17013 Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 Attached hereto are original receipts for mailing addressed to the individuals and entities set forth above. 4~41x1S-- RICHARD W. STEWART . SWORN TO AND SUBSCRIBED h<,,", ~"" ~ "y Of(Q~ r~ Notary Public NolaJiaI Seal Dalla C. Parmer, NotaJy Pubtic Lemoyne Boro, Cumberland County ~ Commission Expires Dec. 29. 2005 Member. Pennsylvanie Association Of Notaries '-~"~1, .'1', f""'1" ""~-,., -, ,. '''',_~ "'" ,0_, '_1 - i[ 008482-0ob55/3.18.02/RWS/KL T/154741.1 THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff !I I 'I !I RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, NO. 01-5870 v. CIVlL ACTION - LAW 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, PA 17110 No. 2000-1288 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, P A 17262 No. 2000-08283 First Union National Bank 123 S. Broad Street Philadelphia,PA 19109 No. 2001-02455 Chester W. Schlusser, Jr. Barbara L. Reisinger Chester W. Schlusser, Sr. c/o Robert G. Frey, Esquire Frey & Tiley 5 S. Hanover Street Carlisle, P A 17013 No. 1999-7107 "f'~!~",~ , "' ,---, . ,,,,. ~,-I' - .~" '" - I: 0084B2-00055/3.18.02/RWS/KL T/154741.1 !. Lee M. Diehl 408 Franklin Street Carlisle, PA 17013 No. 1998-05278 Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 You are hereby notified that the lien of judgment or lien of mortgage that you may have against real estate owned by tl1e above-named Defendant against the land owned by the Defendant at 34 7 West North Street, Carlisle Borough, Cumberland County, Pennsylvania, and more fully described in the exhibit attached hereto, will be divested by a Sheriff's Sale scheduled to be held on June 5, 2002, at 10:00 a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania. Unless you take action to stop the Sheriff's Sale, or unless you appear at the Sheriff's Sale and bid to protect your interest, your lien against the land scheduled to be sold at Sheriff's Sale will be divested by the Sheriff's 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 (l0) days of the date it is filed. lilformation about the schedule of distribution may be obtained from the Sheriff of the CoUli of Common Pleas of CUlTIberland 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 COUllty Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 I Cl f.- Date: March Q , 2002 JOHNSON, DUFFIE, STEWART & WEIDNER BY: -;;#uI -'i7k Richard W. Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attomey ID No. 18039 Attorneys for Plaintiff """"1'1'J!"'jlW"illV~W, ~~ - ,--,-'_-,'1'_::-',' "~,-" '^-' , , ~,.' ,,;-,., -" " ,-,~,,' - Ii 008482-00055/3.18.02lRWS/KL T/1 54741.1 EXHIBIT "A" ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, on the North side of West North Street, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by 12 foot wide private alley; and on the West by property now or formerly of Lee M. Nickey. CONTAINING 15 feet more or less, in front on said West North Street and extending at an even width a distance of 120 feet in depth to the private alley aforesaid. HAVING thereon erected the western one-half of a double two story frame dwelling house known as and numbered 34 7 West North Street. BEING THE SAME PREMISES which Susan K. Wagner now known as Susan K. Shellenberger, by her deed dated December 15, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 132, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. SEIZED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. PARCEL NO. 05-20-1798-187 ;F!'~~~!'I ,', -,.~, "'''-'', .,,- "~ _IV-'" , - ,_, M". ,. """ " , - - ... fD ~ w :<l ~ :!:"'D "ll3l: 0 0 i >(1) 0)> (X) (Il . I-' g -<"rt:::a< ~ n " ~. i ~o 2D:1 ~ " ~ :s: ~ ~~ tIlm~ 0 . ~ ~ ee a "", to .. 0 ? 0 = ~a z m tl a m ~ ti)" s. ~ - " ... (Il '" ... m~ ~ <+ -I 0 tj. r:: ~ -e Igg en en ~q, tl <+ i o' en ~ I-' m )>~ 8~ ::l <+ . '" -I'" ~~ r+ m I 0 m~ ~o r.n ()l ... .... H - ,.. ~~ <+ ~ w ~ <+ .z. ~o U . t>j g ~. rn j;CT ,.. ~ ~ " " f '" 0 '" ~~ 0 m ~ '" fa '" z z !:j 0 !:jl-' ,., '0 ,., '0'" ..., ..., ,., " "I-' 0 ,., , , 01-' '" < '" ~o '" 6 '" ,., '" ,., 0 m 1/1 ~~.11~..~ ,~.~~ ~~ 6~ ~a ~< 1D:o z= Cil!: !m "e w .m ~ ~o ... m~ o " , I g 8~ "'''' 'H ~n ~~ .0 z ... m " Z ~ ... 6 z ~ ,.. ~ ~ f " '" ~\' '" '" ,., , ~I ':'N~:~ __, ~ --'. 'd~i w :<l ~ a ~ J 0 I i I-' ~ rn ~ ~ ~ '< [ 0 1-'.' (Il m ~ ~ '0 '" ~ -I <+ . ~~ f-'. = :l' III ~ en en o' ~ <+ po )>~ ;q I-' ... ...... '" ~o 0 ... (Il .. w ....,;:jiI,:~~,~ ~ Ol ~ ", " "" Jl ~ II Ill! ~ 1111 ~ Ill! I ~ f " ~ . . Ef l w :<l g " i i f 0 ( ~ ; I-' ~ ~ ~ ~ a ~ ~ 0 ? 0 rn ~ 0 a m t:I ~ m S' '" '" ~ ~ -I @ -I ~ :;;!= III ~ ~ SJ; . _'" <+ . o' f o' ~ en )>'0 en en )>'0 ~ <+ -I~ ,.. c!' -I~ . ~ m~ m~ ! _or", g R ,..,0_'__- "-< " . ::;J . ~ ~ ,G) I~ . III , ~q. ./ t"1 <~~., . "I !::d iCJ..., ICD 1. I".; '.... en ,I~' '- ~. \ LQ' (Il " . ( : i '?:".~s.~ln 'P :;:; fl 9 c; '""C' ~;I~?~~ ;~ .b"j <1 " .;Xll~t. y: \. i*i,,"i/l~l~'; ," L.~. I ~o ~ ~ r.\; V\ " ,~ f-:.!!I !l " t.~~L~;L,~. ~ ~.~~.~ ...."". " '" ~ ,., ..., ,., , '" '" ,., ,-' 'C'''''''[^ "=, -, ~ ,""", - . ~..."" <~ -<~ g~.g> <S 1-"0 ~ ~o -.. Ii ::l .. ~i! illm 1-" () g ~~::l 8' ~ 9. 'g ~ ! ~o ~ rt ~ ('i) H ~ mon P' _ ,. :>;' ~!3 VoJ tr: ~ m ,"_ U1.i;grt ~~ ;g ~ t ~ rr '1; CD 8. ~~ ..... ..... 1< :Do r:3 QI 201 R ;;tN ""'" ~ z ,. ~ (; z ,. ,... " ,. d f '" w o ..... if ;:2 ~. ~t :e o m ~ -i -c: :!!<n O~ ~g Ul d' !,j o f-' "" I-' , '" W I-' " o III 1\ .. ~ \1 6 m / 19. if ll. ~ i on w ~ 0 : m ~ :e '" .... -c: Ul :!l~ rt ~g [l ::!~ " '" 0 0 m '" '" ;g z 0 f-' ~ "" .. f-' ~ , 0 '" < w 6 f-' m " ~ ..., 1 I , ~t& (i~ '<-r. :0.( ~g ~g: 0)1: ~~ ~ Z~ ".. ~ mo ~ ,8 ~~ ~~ '1; h:J" ~z ~o -..... !l", !1Q ?,'" (; z ~ " ~ " r '" g III ~ ~ ~ .. " o < (; m ~ f-' , '" W f-' ,-' "l ~ ~. I rt ; a s;\ 5' g. ~ ~ '!: ~i;g . rt i. ~ 1-" ~ g?cl ~ I:: I " ;;dQ 1-"-' tl :<: ('> m '" -i ;j~ ('>~ ~g -~ Ul \t - ~ I 1 i I i \ 1 ! \ , a -c:.. ~~~~ ---- ,~--'" -"=,,~ ,." '.. "<W~ -- ~ ".,"lJtl1_~~~wa~r~-.m;"~~~!\ll:tJl;,!fijoP:"!iIF.:-)"'r'." "__",''''-''7_-- -- '".,"_C.,,,"_' r"l~ lifllllllllillllllif'Tlt'lif () c: ::R~ ~-'f1j ~::a ,;::cr- (/)..1;-" ;::;;:- ~6 ~O ~ ::&8 ::2' ~ ''-'1 .".. 2 b :0 ,0{;) f -l:'- ~ - ';j {fr;r~g :r:;fll 5~~') \.,.)'(1 5;! :.0 -<: ""V~'''--fi'i'''''',''''''!\'m'_'''l''1~~'~''''''''''lf'!'f,1i.!l;,;'''''n"9~'f'_V"<1"~]:!'i~~~jlf:'; '1.1 008482-00055/10,3.01/RWS/DCP/150450.1 " ,I !I THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff .,jl. 61--- 6~70 ~ v. CIVIL ACTION - LAW RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, 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 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 Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 "11~!~ , . or,,_,.' d' 1,' ",,"'_, .~ ,- ~ " - i; iI 008482-00055/10,3.01/RWSIDCP/150450.1 THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No.dl~70 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 Plaintiff's 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, CUlTIberland County, Pennsylvania, being koown and numbered as 347 West North Street, Carlisle, Pennsylvania. 4. The land is described in Exhibit "A", attached hereto and made a part hereof by reference. 5. On December 15, 1998, in consideration of the loan of Fifty-Six Thousand and 00/100 ($56,000.00) Dollars made by the Mortgagee to the Mortgagors, the said Mortgagors executed and delivered to the Mortgagee, a note secured by a mortgage on the land obligating the Mortgagors to pay the Mortgagee the principal SUlTI on demand with interest thereon at the rate of 8.75% percent per annum, on the unpaid balance and to malce bi-weekly payments on account of principal and interest, in the absence of the demand in the amount of Two Hundred Forty-Eight and 28/100 ($248.28) Dollars together with other terms and conditions set forth in the said mortgage. The mortgage is recorded in the Office of the Recorder of Deeds of CUlTIberland County, Pennsylvania, in Mortgage Book 1506, Page 570. A copy of said mortgage is set forth in Exhibit "B" attached hereto and made a part hereof by reference. '"f'''''~~ ^. _ ,..0',. ~ -il_, ~ , .' _~ ,..", I'. 1"'.--''"' '_',,_hT, ,-'Ir" - , !! 008482~00055/10.3.01/RWS/DCP/150450.1 6. The Defendant Mortgagors are in default on the mortgage in that they have failed to pay the entire balance due on denland and have failed to make the bi-weekly payments from and after January 9,2001. 7. The Defendants, Ronald B. Clippinger and Nancy K. Clippinger, are the present real owners of the land. 8. The amount due the Plaintiff under the mortgage is computed as follows: Principal balance $ 53,146.78 Interest through 10/1/01 at 8.75% 2,940.86 Late fees 357.00 10% Attorney's collection fee 5.644.46 TOTAL $62,089.10 9. The Defendants are not a members of the Armed Forces of the United States and are not entitled to any benefits of the Soldiers and Sailors Relief Act as amended. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of Sixty-Two Thousand Eighty-Nine and 10/100 ($62,089.10) Dollars, together with interest thereon at the rate of 8.75% per 8nnUlTI from October 1,2001. JOHNSON, DUFFIE, STEWART & WEIDNER BY: ---JfJ ~.dt)s- Richard W. Stewart Johoson, Duffie, Stewart & Weidner Third and Market Streets Post Office Box 109 Lemoyne, Pennsylvania 17043 717-761-4540 Attorneys for Plaintiff 'l-,I'!., '\!!" '.-., " ;,' '"',"I'" ,<'- . , -.-r" " -.,,~,',o,',' 'i 008482-00055/10,3,01/RWS/DCP/150450.1 EXHIBIT "A" ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, on the North side of West North Street, CUlTIberland County, Pennsylvania, bounded and described as follows: ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by 12 foot wide private alley; and on the West by property now or formerly of Lee M. Nickey. CONTAINING 15 feet more or less, in front on said West North Street and extending at an even width a distance of 120 feet in depth to the private alley aforesaid. HAVING thereon erected the western one-half of a double two story frame dwelling house known as and nUlTIbered 347 West North Street. BEING THE SAME PREMISES which Susan K. Wagoer now known as Susan K. Shellenberger, by her deed dated December 15, 1998, and recorded in the Office of the Recorder of Deeds of CUlTIberland County in Deed Book 191, Page 132, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. " l"rii1?, _"'< "~_~II_''''' -,,__,,~ C''','"' __"" " ~ ,-- I ,- '-:+.:j- ",', ,.-, " ~ - f f {' wqm1JtWtuturr 1 .J35'r?9 ~ UuIe this 15th .IllY of December in the fNt of OUt Lc>r<:l, One tbousa.o.d nine hundred ninety-eight (199 B ). BBTW~; RONALD B. CLIPPINGER and NANCY~. 'CLIPPINGER, his wife, of Carlisle, Cumberland County, Pennsylvania (hereinafter c;al]ed the Mortgagor. pact)' of me fint part. AND niB BANK OF LANDISBURG, a State banking association e:dsdng under the 1."'5 of rhe Commonwealth of Pcnnsl'hania, lu.vioS its priotipal place of busines.s in the Borough of Landi'sburg, Petry County, Pennsylvania: (Mortgagee, patty of lhe second part) W1--lE1\EAS, the said Mortgagor, eJ:etuttd and delivered to the Monp8~ a Note in Ihe primipa\ sum ot--FIFTY-SIX THOUSAND-------------------------------------------(156,000. 00 ) DOLlARS. with mrl:fnt at me rate Jet forth io said Notl: payable at the times Ind in the manner $Ct forth in the SlIid Note, at the oHite o( )aid. Mot\8ll.gee (Ot such other plue as d~i8nated lO writing by the \lohlrr hcfro!), ana aho lot llle pa~mcnt horn li-me Et) time until said debt and interest be fl1l1y paid, of the necessary premiums and charges on such policy ur policies of lire, stann, explosion insurance, war damage insunnet, ;'t on any and aU other insunnce whkh the MOfl,!l1l8CC, ilS successor aad as,igns, mllr dem;l.Od from time to dme Ilgainst any othec huards, casualties and eontingeacles, (or lite further securiry of Ihe debt hetcby s<<urt'J, upoo the buildiDg,s and improvemenu deKribed herdn, or In, which may hereafrer be ert'(leJ on rhe prt'miscs drK'ribcJ herdn; saiJ policies of inronnee of wluuoever kind 10 be deposited with the Mortgagcc, hs successors or llssigns, and transfrrrN by prl'f't'rl!' registered and approved lLulgnmenu with non.contributory mortgaRl:e clause lllladletl, llnd IIny renewals or rhe same to be rUlnhheJ to uid Mortgagee at lea$! seven (7) days before the elrpiralion of the ume, In the rvent of lo~s or Jama.!;t', die plOl;fe.!s (If 5-:lid in, sunp(e shall be paid to Mortgagee alone. Mortgagee Is authorited to adjust Bnd comprumhc such loss ~"ith(lut Ihe conSenl of ?-Ill",!:a,!:Ot, tu eotlecc. recdve and teceipt (at such ptoettds in the name of Mottga~l:e Ilntl M(Jtl~:A~Of, and lt1 ~nJ(!t~ Mott~~(lt'" flame. uron anj check in payment thereof. Such proceeds Ihall be applied towatd rc:imbUlsem~nt uf all com and ('ltreo!\l'~ flf MorrE!J/olCC' in cnllf'Ctin/: said proceeds, and toward the payment of all amounts paYlble by MOrt,tt:tgOl to MUrly.f1!:ce hrrt'lIodcr, nn.\ tnVo"~rd tile f'armt'1lt of Ihe inJehlfJ. ness secured hereby or any portion thereof, whether or nOl then due or payable, Ot Motlj.::Il;ee at it, option, may aprly ",jd in~\lullre s:>rOl;r<:'\!s or any part thereof to the repair or rebuilding of said premi$('s, In the event of s..de of the premises on fOft'dnsute, the ownC'rship of all policie, 01 inSllnnce shan pass to the purchaser at said sale ancl },(ortp:agor hereby appoirllS Mortj:agee irs auolnq',ln,IJct, in Mortgagor's name 10 llssiFn and transfer all such policies to such purch~tSet. Aml also, for the payment, horn time to time. unrl! uid debt :md intert'sr be iullr ril-id, of all tu:e5, watel and sewer leots and all other charges and claims assessed or levicJ al IIny time, ptc~rnr or fmute, by any Ia,."ful JUlhllri(1', uron rhe propetlJ' hereby StlInted, to secure said obligation, which by MY ptescnt or future law or laws sllil-II bavt' priurity in lien or paYOl!'nt to the ,kb! represented by uld obligation jlOd secured by this Mortgage, when and lIS Ihe same shall b!'<ome due lInd payable, IInd lllso fOI the tJ:hibition to said Mort~, iu successors or assigns, of receipts for all tnes, water and sewer rents IIsSt'scd upon Ot ch31geable to the mortgaged prorcrrr, at me offke of said Mortgagee, or at such other place as may be designated by the ~ortgagee in l\'riting, wirhin ",'ellly (20) days after such tues 01 .al:er or sewer rents have been payable at face without the imposition of interest or p1'nallit'~, liS 'Well n recdr.n for all olhcr tllXl'S or ch.rr.t~ or claims of every kind or nature which by any pteseot or future law nr laws may be Ot become a lien upon the mon]:aFed rrof't'tty rri,'r in lien 10 said Mortgage, or which may be at become, by Iny present or futu!t' law or laws, (jm dimihlllable or allowable at I'apblr bd"lc said debt:, out of tbe proceeds of any judicial sale for collection of said debt, or so .Iimibutabll. or allowable 01 rap.ble out of the rrOl:eeds of BOY other judicial sale, and in case of d.efault of payment' IS aforesaid, also for the payment of all COSU, fcc, an.l Cltpcnses of col1CC"lio,l: the _, including an .ttorney.s commiuion of ten pet ceorum (10%) and providing furlhel thlll IJpon failure of the Mon,l:.,!:or, MC'rt,l:a,l:'-'r's beirs or assigns, to maintain said insUt2nce upon Ihe buildings, or to pay the la:ltes. waler rrnl~ and sc\\'er tents or mhet char,!:es, claims Ot lien as Joreuid, the Mortgagee, In succcssors and IJsigns, may insure the buildings, or pay sllch rues, ","'It'r renlS Inu sewer lef1!S or Oil,er c1n,gts, claims or liens, and the sums so advanced by the MortRagcc, its successots an.l a'sir:n~, shall be rapble b)' rhe Mort,l:a,tQr, M<,'"ga~:.ul'S heirs and assigns to tbe Morrgagl:'e, its succeson and assigns, and shall Le added to and hecome a rart of Iht' principal debt scellred herth}" and Ihall bear joteres[ thereOn at the rate set forth in So'Iid nOlI' until paid, The Mortglgor herein .gteel that ,jn the event of Ihe paual:e, dler the date of this Motl,!la,!:e, of any law of the Ulmmon\\uhh <,f peuasyl't'ania, deduaing from the nlue df _the land tor tintion Jlurpo~es, an}. lien thereun, or (han,ting in any ,,"'af the laws no~' in force for tho: raxation 01 mOff8;l.go:s or debt $e(Urcd thercby, for Slate Ol local purpost's, Ol Ihe ffi;l.nner of the tolleclion of .n~. such IUCS, ro as to aJ'fea the interest of the Mortpgee, Ihen'the whole of said principal debt secured by Ihis Mongage, together ~'ilh the in!trt'SI due the~n, shall at die option of the Mortpgee herein, immc<.liucty become due and t'>;l.yab\e. The Mortgagor herein further agrees that if any installment 01 in!erest be nOl p;l.iJ ""hen Jue, such inml!mt'nl shall t-ear intern! at the nte set fonh in said note until paid; in the event Ihat any paymrnt provided for in the Nule secuted hereby ~hall f>c.cllmt' tl\"eIJUl" for a period in excess 01 fifteen (15) days, Mortgagor lIgrees to !nY a "laiC ehalJle" of five rents 0'> fot each dollar ~o ovcrdue, fN tht pucpose of d.efnying expenses inciden~ to handling the delinquent paymeM, Ana flmher, M(lrtJ!.\\~(): \\j::ftt~ not to con~l:j Qt I:'llhel,,"'i.!.e tran.sfer tide to the mortgaged premises (eilhet legal or equitable) without prior written (onscnr by the MortFa.r:c~ 10 Ihe specific transfer, ^ rnnsfer to the survivor or devisees or heirs of the Mortgagor in the event (If the MottgaElnr, death !hil-Il nor come within the prohibition of thiI covenant, NOW THIS INDENTURE WlTNESSETH~ That the satd Mortgag';)r, &! well (()r and in cOMidelMion of the lIfolcui.! utht and for the bett.:r securing the payment of the same, abd interest lIS aforesaid unto the said MortElll~ee, ils successots or assi}::ns, an.! rhe ray. mC;1i[ of all predliwns of insut2nce, taxes, water rents lnd SCl\'er tenlS, munidpal uSt'ssments or chluges, as aforesaid, actordin.Q to the conditions of said obligation, aDd in dischacge thereof, as for and in conddetalion of thl! fUrlher sum of One ($1.00) Dollar unto Motlgagor in h#.ttd well and truly paid by the nid Mortgagee, at and before the scaling and delh'err of th~se p~senf', the tC;(eil"t ...hereof, is hereby ac'knowledged, Mortgagor has granted. bargained, sold Ind conveyed, and by these presents does ,!lH-nt, bugain, sell and COt1't'er unto the uid Mortgagee, its succeuorl and assigns: ALL that certain tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: (continued on back) Bood50G PACE .570 EXHffiIT DB" '-4W" ,-.. .. - , ,,- ~"'" ""I - ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by a Twelve (12) foot wide private alley; and on the West by property now or formerly of Lee M. Nickey, containing fifteen (15) feet, more or less, in front on said West North Street and extending at an even width a distance of one hundred twenty (120) feet in depth to the private alley aforesaid, having thereon erected the Western one-half of a double two story frame dwelling house known as and numbered 347 West North Street. BEING the same property conveyed to Mortgagors herein by deed of Susan K. Wagner, n/k/a, Susan K. Shellenberger, dated December 15, 1998 and recorded in Cumberland County Record Book at Page This Mortgage being intended to be a purchase money mortgage under the provisions of the Lien Priority Law, as amended. CD co .- c::> r:; m ft' ':, -- :::1 Q ...... ~' " ,- en z '" .. c .." <> co :3 <> c:: u " N z n, -< m '" W '" >~ N , on -" .- TOGE:TIIER wilh lhe streeu, alleys, pasSilges, ways, waten, water courses, rights, liberties, privileges, bereditarncnu al1d appunenal:lI::es ....h.lcs..>r:\cr dll.'reUnt<l bdun!:ins or in anywise apPl.'l'taining, and Ihe reversions and remainders, rentS, issues and profitS thereof, and TOGETHER with ..II builJinj;s and imptovei11enes of every kind and description now Of betellher erected or placed thereon, including ..11 b.,il~rs, '.leari.ns ..nJ lishling apparatus, aha all screens, awnings, ranges or S10Vt5, llnd m~haniGaI refrigetalioD, and aU, each and eveq uI Ill~ lnCCrLo.Ir 101pCO\'cmcnu anJ !jxIUll:S, movable or immovable, of every kind and description ill and upon said premises, or wbich may h.'r~..!ltcr be pl"'cJ in Uf upon the same, or use.l in connection lherewjeh; it being understood and Igreed between me putit5 herem thaz ch.' ""rJs "["n.I" "n,I:", "pr"miscs" whercHr Iher ot1:ut in these presenn, shodl be deemed to indllde all the fj:l:tures and personal property ,,1"1\c m~miuneJ anJ conver"J. TO it.... \'E AND TO HOLD Ilu: s.dJ ueKrib"d lor of laml, heceJilattlcms and premises hereby grallled and conveyed, with me appur- {en"n,~-" Ulll" thc S.lj,1 Muns..w:", ics SUC(C>'>Uf!; auJ aSlij,;os, [0 the only proper use IInd behoof of the said Mortgagee, if$ succenors alld .lhi,~m, I'ORE\'ER, '~". BOOK15JE .."< ':;"1 "';""",,-< ~, ,-"~,~ Ie ~ ~"I"I<1>',~~__"".,.,\"" ~ ,. _.~~II!I", ~~ PROVIDED, HOWEVER, that in ~ of Jet. at any dme, in payment of said principal debt t!m, or of ' interest or chatges Of premiums of insurance, or of any part lhcreof, when due and payabl~ respectivery, by the terms and cODdidons of said obligation for the sps.ce of IWenry (20) days as aforeS;liJ, or in the performanre of Any of rhe coverianu as 10 fire insurance, lUes or warer aod sevier tet1U or chuge! or claims a5 afore5:lid, the whole of said principal debt or sum and interest then unpaid, ",balt thereupon becGme due and, payable and an a,rion of mortgage for~'(I(J5Ure milY be commenced farmwith on this Mortgage and prosecured to judgmeot, ezecutiOo and sale fot che collt.'(lion of rhe whule amounr of the Sliid principal debt and/or inrerest Ihereon remaininl unpaid, wgether with all premiums of inSurJn.:e, rues ilnd Willer and sewer rents paid, fees, costs and expenses of such proceedings, together wilh an attOrney's commission of ren pcr n:ntulll (IO~;;), All errors in said procee::Jings, together wirh stay of, Or exempdon, or extension of dme of paymenr, which may ~ gin.'n by ~ny Act or Am of Assembly, now ill force, or which may be enacted hereafter, are hereby forever waiV'ed aDd rdeued. In the evc:nt of che takins 01 all or any portion (If the premhes in any proceedings under the power of eminent dotnaio, die ecdre awarJ le::nJercJ in such ptOcee::Jinss shall be: paiJ to Mortgagee, to be applied toward reimbursement of all casu and eipen5e$ of Mortgagee: in connl'(tlun with said pw(eeJit18S, anJ IOwarJ the payment of all amounn payable by Mortgagor m Mortgagee bereunder, and 'taW1lro rh~ p.!rme::nt I.lf lhe indtPlI:Jness secure::d hereby, or ao)' portion thereof, whether or not then due Or payable, 0: Mortgagee u its option, ma.y Jpply SoliJ awarJ, or any part thereof, m the repair or rebuilding of said premises. AND PROVIDED further thar it is thereby and hereby ezpressly I8reed that in the evenr of any breach by Mortgagor of aoy oovenaor, CllnJiti"n, "r ilgrlOCIllc:nl of s.liJ rl'CiteJ oblisation, or of Ihis Mortgage, it shall be lawflll for me Mortgagee to eater upon all and singular me lJ,nJs, builJings anJ Plemises herdn parricularly Jescribed and by this lndenture mortgaged, mgether with !be herediwuenu and appurtenanCeS, anJ CJch ,1nJ e\WY part thcrcuf, anJ co take pllssession of the same 1I0d of the fixtures, appliances and equipment thereio contained, aod to have, h<iIJ, manJge, Ir:JSC to rhe MougllSor or any othu pt:U(.In or persons, ust: and operate the same in such parals aod on ~ch terms and for such periods of lime as MOrtga;!lce may deem proper in the sole disaetion of MortS1gee, the MortSagor agreeing that Mortgagor shall and .....ill, y,-h~'ne"er l,:que5teJ by Mortpgee so co do, assign, transfer aDd dc-liver untO Monsa-gee, any leasc or sublease; and to collect and receive ;III rem5, issues an.l profits of the said mortgaged premises and every part therof for which this Indenture shalt be a sc.tfficient warrant whcther ~r Pllr 'Udl le;lle \If sl.lhk'ilSC has been assigned ro Mortgagee, and co malce from time to eime, all alterarions, tell-ovations, repairs ilOJ r~pIJ':elllcnU thereto as mJY seem jllJidollS 10 Mortgagee, and alter deJu"ing the con of any or all such alter.arions, tell-ovadoD-S, repairs .LaJ repl;l,(tffiet)h a.nd eKllcPses incWent co talcinll- and tet~ining P<iucssion of tbe mortgaged pro~rty and the managemene and opc:rarioo rhcreo.lf, ~nd keeping the same propt:rry insured, 10 apply the residue of such rents, issues and profits, if aoy, arhing as 11l0resaid, to me pJ}'mcnl of all tJxcs, charges, daims, assessments, wate! and :sewer rents all-d any other liel1s that may be prior iCf, lien or paymenr to me ptin.:ip.L1 Jchl st;(\lteJ. by Ihis lnJentule llna premiums fer $1kid inS\ltM'I~. with inle1tsl thirWEl, cr IC the mtet1:5t and principal due "d wcureJ by rhis InJemure of Mougage, wich all com and attorney', fees, in such order or p.i\lriry, as Morrgagee, in the sole discret:ion of MQ(ts~.!:n:, may determine, any slllture, lilw. custom Ot use to the connary, no~ithstanding; it "being ezpn:ssly agreed, however, thae the u\r,;ins III poue::ssion bv Mortgagee under Ihis provision shan not relieve any defaub whirh may have been made by 14ortgagor, or prevent the etlfoJr<:enu:nt of Ilny of che renwJies by this InJenture, or by said recited obligation, provided in casc of such default; ilDd it u further e"pres:s!y unJerst.x..1 lInJ :111rc::eJ thilr the remeJies by rhis lndenrure and said recited obligation provided for the enf(.lrcemeo~ of tbc paymenr of Ihc rrindpJI sum hJ;rcby st'Cure::d, wirh any aJdirions Ihereto as above provided, logether ",im iorerest tbereon, AS bereinbefore specified ",nJ fll( the perfollllan,c of che:: coveOlintS, conJitiuns and agrccmenn, matters IInd thinBs herein contained, or by this Indenture referred to, are 'Ul1lulJcivl.' anJ c\Jn,utrl.'nt Ilnd may be punue.1 singly or successively or rogether at the sole discretion of the MottpSee, aod may be e"crciseJ as (lft<:n as oc-cJ~ion therefor shall occur. AND fur Ihl;: purpose of scrodng saiJ possession of said mortgaged premise, to Mortgagee, in the evenr of IIny breACh as llforesaid. Mun:jJgM J<I<:s hereby iluthorize and empower I1ny anomey of any COUrt of Common Pleas in any County of the Commoowealth of Penn- sl'h'.l.niJ, or of any other (OUrt there or e1sc:where, as attorney for Mongagor, as well as for 1.11 persons claiming under, by, 01' through M.Jrt:;agor, to sign an agrecnlt:nt for enrering in any competent court iln amicable action in ejectment for posaessioo of me premises IIlOnsaged by chi5 11IJelllUre, t<lge::lhc:r with the herediramenu anJ appurtenances as well as alllixcurcs, appliaoccs and equipmenr of any DWIre wbatso- C:"el, now or hereaftcr ilUcalleJ upon or in 5:l.iJ mortBlt8ed propeny (without any say (.If ex:eauion or appeal), against said MOf18l8Or, as well as aU personS c1..iming under, by, or thrOUGh Mortgagor and therein confess judgmenr for the tecovery by the Mongagec of du:: possession of the !.liJ Olortgage::d ptemises togecher with the hereditamentS and appurtenances, as well at all futures, applia/Jw and equipment of u1 nJtllrc whatsovcr now or he::rc::alter installeJ upon or in said moitgased property, for whkh tbb Indenture (or copy thereof verUied -by aIfi- J.u'it) shall be a suffki<:nr wanant; whereupon if the Mortgagee so desires, a. Wrir of PosscJ5ion may be iuued fonhwith, without ilDY prior wrir or prO("~"CJing whatsoever, Morrgagor hereby rdeasing and aglL'Cing to release the Mortgagee fron1 aU enors aDd defectS wbauoever in enrering' 5uch ~(rio.}n anJ/or juJament and in caosing such writ or writs to be issued. and in 1I0Y proceeding rhereon or conc:e:rnill8 rhe same, anJ. h<:lw,/ ll~redng ,I)\'Il ne wtit of eHCf 01 obj~'ttion ",ha\l be made 01 taken merClO, ptovi~ed that me Moltpgee shan b.ave filed in such lIcrion an affiJJvit hV it, or some one on behalf of Morcgllgee, setting forch the film n<<essary to aUlhorlze the entry of such judgment, J(cor.lin.g to the telms of this InJenlOre, of which faw such affidavit shalt be conclusive evidence. PROVIDI!O AL\'.;' A YS, NEVERTlIEl.ESS, lhat if tbe said Mortgagor, Mortgagor', heirs and assigns, shall and do well and ~mly payor cause t,1 b... pAiJ unro rhe:: s..:J Mortgage::e, in successors anJ auiglu, the afore::$aid debt together with inlerest as aIore$aid, as see forth in the CClodiriol1 ,,{ thi5 \lblig~~i"tl, and J~s fuu\v;:r ulis{v ",oJ JisdlllfSe the same, and the premiums of insurance aforesaid, and fUMer ..nI, d'ar1na eub :1nJ c:\'cry ycar of che L"ol1linuance of this MOl1ga,ge, (omply wilh all conJidons and requirementt for or in respect to all taus, WIler and sewer lenIS, ch:uges oJr cbims O1S afuresaid, all of which the said Mongagor, for ),(orrJllgor's heirs and assigns, hereby expressly I;OvetW:l.U, asrtCS to UO JnJ perform, then !lnJ from tnencefonh, 1150 weU this preScnt Indenture, and the estate hereby granted, a.s me said ceclred obliga. liOn, IhJII bt:collle \'oiJ of no effect, anything hereinbefore conained ro che contrary norwichsupding. AND PROVIDED FURTHER,llno! it is he:reby and thereby eXilremy C<1ve.nanted. and asreed that it!. the event there is- U\Gte than one parry nameJ herein as a Mortg;lgor, che singular WOld "Morr&agor", wherever aecuring berein, shall be deemed and takec to mea.o the plural AND PROVIDED FUR'fHER, that all llranrs, covenants, waiveu, options, stipulations, promises, undertakings, agreemeca, I.bd rigba and b.:l\di.\l ~i'iel\ tu, J,nJ. \)b\i~i\tiutl$ O~ Ii....bilitiu impDstu upon, nch and aU of said parti"" hemD shal1 iuure ID aud bind them joindy ana s<=verJlIy IlnJ its, his, hc:r IUld their, anJ each of their r~spcctive, heirs exet:utor" administrators, succe5$OtS and assjzns, IN ''\'ITNESS \X'HEREOF, the sJ,iJ Mortgagor has hereunto set hand and seal the day and year first above written. 'O?ilOeu: ~:~ AS TO BOTH ~ -tt.!},,"':" .,."'."'.....,.,.,....,...----.."'-............,.._..._._,_.__..._..(SEAL) R?fIc~;;: ~INGER 'NA CY ;~L . MfEY _.._(SEAL) (SEAL) .-..--..._...__......h___.___...___,._____.~.___.____(SEAL) Boed,') JC fAGF .'i7,) -':""''tl-~~l ~ ~. '1' 1~ ~ ,- 1 , ~, -.'1 ,-" ~ ~, . COMMONWEALllI OF PENNSYLVANIA 1 fSs, COUN1Y Of PERRY J On this 15th.' Commonweahh, personally appellred day of December A. D. 1<J3 8 I belore me, a Notary Public in and for laid CouDtJ aDd Ronald B. Clippinger and Nancy k~ Clippinger, his wife known to me (or ulsfactorily proven) 10 be the person 5 whose nameS are subscribed co th" wichin itutJumenf. and acknowledged thilt t he y executed the lame fOt the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal the day aDd fear noresaid. I ~ My Commission Expires: '., I bereby cenify thlt the precise address 01 the Mortgagcc berdn js P. Q. Box 60 Shermans Dale, PA 17090 -Pennsrlvanil-. '. '" ,'i' ... __~l~ Attorney for Monpgee .' .' .,' Notarial Seal Susan K. Guyer, Notary Public Carllsle Bora, Cu~rland County My Commission Explres Sept 4. 1999 emlJer, nnsylvanlaAssociatiooOf ',., .' ',lh " '. ...' ~I Ii: << '" " ~ '" ~ <<Z ~ .... "'H " Z N~ 1.1.I "'" " "'''' 0 o ~o CD HH ~ U i V\ t'I ~ "'H Ci A < C "'U 't:J H 'b H " ~ IDa: 0- CD H "' '" .. ] .. ~~ Q a~ UH g rl rl .. I:: l1.td ... .. H :> o . ~_ .,. 0 H .. I ~~ !~ a: ",u.. ~ .. ~ .... -! :So ~ Z'" il .Q c:::>> C11't:.,-j .2 'll ..J ~~ ~ :i!Z:> '" .. U 1 .a ~r :& u :li w ~ z't:J~ ~ .. ~ o ~"rl " "" " l!. " <!l Z "'''''''' '" - d: .a " ~ 1 l! 'll 11 0 i .Y il ~~ ] .2 . 8 . <Xl ol; .!l .ll -S COMMONWEALTH OF PENNSYLVANIA 1 C Cdhh<\lc...vJ COUNTY lss, RECORPED in the Office lot Recording of Deeds. Mortgages, ClC., il1 and fOt the CountY of Cv.-rO i. Mon,,<< Book I ":)00 'it - ~'.. 510 WITNESS MY HAND llnd Sa! of Office this -~_H..P___l._u__ cia, of _'~}i/<"""-- Anno Domino 19 CI " ..f~,o ~. Bod,') ]6 PAGE .573 W ~~!\ dD./) -''!'.'':IO!lf'lll:,Y,\ 1-" -r ~- '1..1 008482-00055/10.3,01/RWS/DCP/150450.1 , . 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 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.CS. ~4904 relating to unsworn falsification authorities. Lei. /' )?L ~ RHONDA M. HAAS ''''?J",,,"", "i'rl~""""",~, '",'t:',~,_-e,"< ~_'.___,. I'" , ,.',,<, - ^~~ ~ v_""'-"'_,""'-""<., -" .._...~ n "._, n ~ ~'J .'-4 ~ c::' ., . ~ ~~>'1 "; -\::-' _.l..} (,,;, .< ~,__" ~_ _1lI!-",,_~'!I .~~,' .,~ _h ~.," ~ ",.~~~m-l'mw!!ww"'~~';lll)~"fm1l";!wi!'\'''lif'jl'>!H~~~JIW''\lmiI.\'llr1'!!iiW-l!'1'~'''i!mQ~!~~~fl~ SHERIFF'S RETURN - REGULAR 11- CASE NO: 2001-05870 P - COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANDISBURG BANK OF THE VS CLIPPINGER RONALD B ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLIPPINGER RONALD B the DEFENDANT , at 1800:00 HOlJRS, 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~~"'<~~ R. Thomas Kline 10/15/2001 JOHNSON DUFFIE STEWART WEIDNER Sworn and Subscribed to before me this It( If: By: B,/I~~ v Deputy She i f day of (fl~a.,., d6Z! ( A.D. ~a~ othonotary I ~ ~1"''''7f''-~''''-,~~'? ~""""~~ ~-I "c~ < ~ .......'r ~ 1~ -; SHERIFF'S RETURN - REGULAR ... CASE NO: 2001-05870 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANDISBURG BANK OF THE VS CLIPPINGER RONALD B ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLIPPINGER 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 6.00 .00 .00 10.00 .00 16.00 So An.s;,e7.' // .~~~,ff~J R. Thomas Kline 10/15/2001 JOHNSON DUFFIE STEWART WEIDNER me this /'1 ~ day of BY:f7~ ~~ ' Deputy Sherif~ Sworn and Subscribed to before {fl~ ~( A.D. ~O~ P othonotary ,~ "-~-'- - "~,~ ~, ,or' " ~~" -..[ , ~ ,~~, -- 008482-00055/12.28.01/RWS/DCP/153208 THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5870 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 $62,089.10 with interest at the rate of 8.75 percent per annUlTI from October 1, 2001, and costs, by reason ofthe 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 By: -?fJ 4/,A- Richard W. Stewart Attorney LD. No. 18039 301 Market Street P.O. Box 109 Lellloyne,PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff Dated: De(,(n.-w 21 ZOOI :~~"'W""'7""'''',~; " I ~ -0 ,~ T, .... 008482-00055/12.6,01/RWS/DCP/152569 ;1 ~ r THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5870 v. CIVIL ACTION - LAW RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, IN MORTGAGE FORECLOSURE Defendants TO: RONALD B. CLIPPINGER, 351 West North Street, Carlisle, P A 17013 NANCY K. CLIPPINGER, 351 West North Street, Carlisle, P A 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 TmS 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, I GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I II Central Pennsylvania Legal Services 213-A North FTont Street Harrisburg,PA 17101 (800) 932-0356 Certified Mail Return Receipt Requested 7000 0600 0025 55360243 70000600 0025 5536 0250 ::~~ STEWART & WEIDNER Richard W. Stewart Third and Market Streets P. O. Box 109 Lellloyne,PA 17043-0109 (717-761-4540 Attorneys for Plaintiff 9'>,=-= ,....,~","'[ - "'J' ,,,~, 0 . . I ;-. , " ~ -" ' - " - '1J (j) " o 3 '" OJ ~ ~ C- C '" ~ to to to " o 3 m ~ 0' :0 !P. " o :0 m n m -g: a ~ ~ m :8 $: il ~ 7000 !" ~ o' a; z c 3 0- ~ '0 .g '< ~ ~ o' m .. 0- m = ~ :0 DD~CI> ~ 1j" i f,' ~ ~Il. ~ .. a a.~:!l."j o ;: ~ Il.'g !!!.. III a. s: ~'= ~ '2 ~ ~~ ODD ():O~ b ~'O ~ ~ 3 ~ 'i1;: g .. "9:- go s: m a ~ ~ o C> " m o g W~8 ~~~ ~~ro ~~~ ~~ !::; P':g ~..~ !:S. w'~ '8 (J) Ii ri' ~ 0600 0025 ~W"'i~:O ... .~l\ \: ~ . ~1 S!. "8 tt.~ ~\~ i ~ ~Wo\. a f!O , -.' ~ "rI ~ '~C3~i ~ "" ~\Hlll ~~;v. -Eft ~bJl?~~ W W8: ;:o~ , 0 8 \ g . : g I i 3 \ \ ~ \ \ a \ .Q: t 3 : ~ . 0 , ~ - "."'r-"-,"''''-'J=',.",'tr~~_ ~ ~~_ij moo l '0 ~~ :13 oll ~1\ 3~ 3 a~ 1/ "", tong ~(D -6' s::-< .r+ @"TI " .90% .....1Il '....'>.. ~ /,-. " \JJ\ ,~y -, '-;j' \~:r:!!1. ~ ..~. ~-' - ,.. . . ):0 o)>cn""C;::o;o ;:+ ....::; 0 :::!.~ 0 ~ g ~ :l:~ 3 ):0 r+-::Ta~::~ 2: itia::E ~ is" m [~g~m.;: 8. - ~:J 3 ::1.3 =t:~~CbS.CD~ R C/)o~~a.~ "O_Sic.. l\) ~ ::r:J o.~it> (tl(DS-~~~ "ig(D~~c. 3~gil"~ ~s.ao (ii';!:: . _'-+:J c..~ i~ S-~.o ~ ~ ~ ~~ ~ di ~ ~ m !i !" " >< r ~~>'~ ~! t ~ !(~ c>C> "- ~ . .. ~ !l C> he" h. 0-3 "-i!' ~ 3 5536 0243 C) :'. ;;; -0 i!. g "Tl "g $ . ~ "/~:l~'" I~:<:') ::->" MI ~~I!~ . 7000 0600 0025 ~536 0250 S!w~ ~ r} ~. i U1~15 -ll. ~ ~if-"~~' "- .!llt~., ~ g H"il'l. " ~ 001.: ~~: ~ cg &j i f-3~lttl Gl II'> iz6'! ~ .. i O!;(l! · i:;O!il!r: III i~~ ~ l ~ () i;'J~ ! i~ ~ i !~:td f5 J [ .5[ i <I'> -'ffl... am 0_ ~[ gi!. ~5? l~ o~ iii'~ ao g.'"' ~ 0" ~a ~. .' a" ,,~ 00 .g-s ~;r -0 C) ~ ~ m' ~ ~ o . ;J g o 1:ll ('l t'" H :g H @ ::0 ~ "t:/-~,~~~:.." '" <:_~>\ ,/::~'::<--\', . .', ( ~J"'_: ~ :~'I J:cc , '~'" ~r' 3" \\0\ -.,~ ',- \\ \...... '. - - " .....)l \-~. "~._-_.\ Jq,~/ , . "" ",--"-~ '1J !" (j) ti' ~ 3 0 " '" z OJ c ~ 3 ~ 0- ~ c- '0 c '" .g ~ '< to ~ to to . ~ 2' !j: e = " 0 3 e 1\ 0 :0 !P. " ~ ~ ~ f. :n DD~g> ;? !! 5' JJ <- '" ~ ~ t1l ('5" 0 i[ m {ii' ~ CD C.Cb~-<' ~ ~! s: al ~' = ~ '2 ~ i ODD Pffil~ 0-", di ~ 3 m .@. :0 . ~ ~ .!!!. = ;? ~ go ~ 0 s: m <b ~ m ~ a $: ~ ~ '" 0 C> m or ~ e ,.. . . ill 0>"'"",(') ., =0 ::r.CD 0 g~ga33 .... ::rat'< ~"Q. ::r_....o:;;~ <D2:GiEi:oiD a- CtI ::J CD ;::j: a~~3'~,~ =t;a... <D g,,({J ~ S'!.w, t';.~~ ~ S:3 ~..:I) CD<D_~Slw 1:lO":J'a.<'l <DlDCJ)ji(J).1. 3~AJm-<~ iii'aa~ .r~ . g:jj ::J-m~ CD,< :t_.o 30CDaO I!!.F a !'-3 '0 < 12- ar ~ ~ J.J CD U1! t'" CJl ~ iI tr.I ,,", ~ ~ 2l P !'i ::0'" .....~~ -J Hi ~ ~.~ tr.I::o ~ !Il!IIIII-"1""-~~~ ". _~_l'l'I!llIlr~1!I111lI'i!IlI!I!IIi"_ ""''\"~, " _" _L -.~ ~, -__,' ." ,~ "~-.a ',.' ,_'~" ".'"U-'_~V'__"'~~~.'~_'_'~~_ ."'. . t~~ ~ ~"i;lj'8 j ~ 5!f! ~.:::: ~ ~ ~ o C 7 -oJ!:i"] rn\': ~., "'-- ~:- ~~i~;: !:C-'-"; )7;.c;, ?,;,--, :;t>-c: z ::;! ','~ _....~,'_~,,,:ii!jl',;t::il, ~ _" . ~~~f.i!f;'ffi!"''''''"'!'.W',8'-'''61~O:'''''~''%~i;C{t#1lW'_~11~ItII[~:'!l-W'ff..$.il!i':n~r:";.'!,!,:, '{" ",,,,','" "','C!,",,"" ";",,";~'!'-'-',1;_-" "-~""i!'c'_Y- N T"" - lrn I,ll , L.:' ("': ~-n C:~~t:) -_0- r.; '--) ...-{ -,---, :'0 --< ~,~ r:'~) ::> C) IN THE COURT OF COMMON PLEAS of' CUMBRRT.IINp CIVIL DIVISION , THE BANK OF LANDISBURG, Plaintiffis) File No, 01-5870 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 $62,089.10 on rU 2002 ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. ~ A(h.LP-~V1~X.1 If you have any questions regarding this Notice, please contact the filing party: NAME: ADDRESS: Richard W. Stewart. F."<1";rp 301 Market Street ,..Lemoy.l'le, PA17043 " . 'J :1'- TELEPHONE NO: 7171761-4~4n (This Notice is given in accordance with Pa.R.C.P. 236.) Notice sent to: NAME ADD;RESS Mr . and Mrs. Ronald B. Clipoinqer 351 West North Street Carlisle, PA 17013 ~~-';i~'h~""""" ,'~ ~- ~" l' , ,- T 1 ..-" 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 5th day of June A.D., 2002, under and by virtue of a writ Execution issued on the 7th day of March, AD., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5870, at the suit of Bank of Landisburg against Ronald B Clippinger & Nancv K is duly recorded in Sheriffs Deed Book No. 252, Page 3757 IN TESTIMONY WHEREOF, I have hereunto set my hand "'" '''" of "id om" .hi, 19 t{y orfi1, A.D. 208>. Recorder of Deeds -"--it-"""1""""""""'I'" - ',' I ~ 'i" The Bank of Landisburg VS Ronald B. Clippinger and Nancy K. Clippinger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5870 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on March 20,2002 at 8:09 o'clock am, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ronald B. Clippinger, by making known unto Ronald B. Clippinger personally, at 351 West North Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being dilly 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, Peunsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2002 at 2:50 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ronald B. Clippinger and Nancy K. Clippinger located at 347 West North Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Nancy K. Clippinger, by regular mail to her last known address of 351 West North Street, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Rea:l 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, P A 17013. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock AM. 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 $697.49, it being costs. -I_~"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 Sheriff s Deed $30.00 13.68 15.00 15.00 30.00 10.00 .50 1.00 6.90 .86 15.00 30.00 256.10 193.75 25.20 25.00 29.50 $697.49 paid by attorney 07/11/02 Sworn and subscribed to before me This ;,)..0 ""'day of () '6'.<.A.f' 2002, A.D. ~L_ 0 'nA,it,,,,~ rothonotary :'";r1C'-"'""""~~\_ ~ r ' ," So Answers: R. Thomas Kline, Sheriff ByJtJ cUr .sfYtiif, Real Estate Deputy r/'~ .]b' ifJ ,SO CI<- &.-, -'1 ~~~- ..37103 ;;if(,}? - .. , l! OQ8482-00055/2,13.02lRWS/KL T/154723. ~ , THE BANK OF LANDISBURG, Plaintiff v. RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, Defendants IN THE COURT F COMMON PLEAS OF CUMBERLAND UNTY, PENNSYLVANIA N . 01-5870 CIVIL ~CTION - LAW IN MORTGtGE FORECLOSURE I AFFIDAVIT PURSUANT TO RULE 3129.1 The Banlc of Landisburg by its attorneys, Johnson, Duffie, Stewart & Weidn , sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the eal property located 347 West North Street, Carlisle, Pennsylvania. Name: 1. Name and address ofOwner(s) or Reputed Owner(s): Ronald B. Clippinger Nancy K. Clippinger Address: 3 51 West North Street Carlisle, P A 17013 351 West North Street Carlisle, PA 17013 2. Name and address ofDefendant(s) in the judgment: Name: Address: Ronald B. Clippinger Nancy K. Clippinger "';l!'~"""""",~_ i'~~ ~"'~''''''''''" 351 West North Street Carlisle, PA 17013 351 West North Street Carlisle,PA 17013 ""!'II'O_ ., ~ I] Oo.8482-00055f2.13.02/RWS/KL T/154723,1 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, PA 17040 Pennsylvania State Bank c/o Bruce D. Foreman, Esquire 4409 N. Front Street Harrisburg, PA 17110 Thomas Day, Jr. Susan K. Day c/o Mark A. Denlinger, 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 19109 Chester W. Schlusser, Jr. Barbara L. Reisinger Chester W. Schlusser, Sr. c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, P A 17013 Lee M. Deihl 408 Franklin Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name: Address: The Bank of Landisburg P.O. Box 179 Landisburg, P A 17040 5. Name and address of every other person who has any record lien on the property: Name: Address: Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 ;"-"-""~"""",,,,!,,,~:- " ~ ""I ,- -I " 008482-00055/2.13.02/RWS/KL T/154723.1 6. Name and address of every other person of whom the Plaintiff has lmowledge who has any record interest !I in the property and whose interest may be affected by the sale: I' Name: Address: 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Address: I verifY that the statements made in this Mfidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to lmswom falsification to authorities. JOHNSON, DUFFIE, STEWART & WEIDNER BY: ~/JYdIv-- Richard W. Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvanill 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff DATE: 3/7/0'2 ~"~iW\'~~I~ , '" ~.... I - I! 008482-00055/2.13.02IRWS/Kl Tf154725.1 , PlaiIltiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5870 THE BANK OF LANDISBURG, v. CIVlL ACTION - LAW RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, IN MORTGAGE FORECLOSURE Defendants FILE COPl 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, CUlTIberland County, Pennsylvania, known as 347 West North Street, Carlisle, Pennsylvania is scheduled to be sold at Sheriff's Sale on June 5, 2002 at 10:00 o'clock a.m. in the CUlTIberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment !of $62,089.10 obtained by The Baulc of Landisburg against you. THE PROPERTY TO BE SOLD is delineated in detail in a legal description lnamly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings! and other major improvements erected on the land, attached hereto as Exhibit" A" and made a part hereof by reference. THE LOCATION of your property to be sold is: 347 West North Street. Carlisle. Pennsvlvania 17013 THE PROPERTY IS IMPROVED WITH one-half of a double two stOry frame dwelling house THE JUDGMENT under or pursuant to which your property is being sold is dock:eted to: No.01-5870 Civil Term 2001 in the Court of Common Pleas ofCUlTIberland Cdunty. Pennsvlvania The name and address of the owner orreputed owner ofthis property is: Ronald B. Clippinger and Nancv K. Clippinger. 351 West North Street. Carlisle. PA 17013 -"-'1''Pl'W''''~,_ - . T"'~" , "I ~.mR " ' , 008482-00055/3.-,.02IRWS/KL T/154725.1 , '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 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 disl1ibution may be obtained from the Sheriff of the Court of Common Pleas of CUIT1berland County, Pennsylvania, Cumberland County Courthollse, Carlisle, Pennsylvania, Telephone (717) 240-6390. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TmS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to the Sheriff of CUlTIberland County, the amount of the judgment pillS 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 PROPER.TY 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 cull the Sheriff of Cumberland County at (717) 240-6390. -_"'""'>'''1''"_'''''>';'-"'''''_ ,0'<<",_, < ~ . , ~ ""l"l"1, "~~ , :' 008482-00055/3.4.02/RWS/KL T/154725.1 " 4. If the amount due from the buyer is not paid to the SheJ.iff, you will remain the owner of the property as if the sale never happened. 5 . You may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thlliy (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 inunediatelyafter the sale. YOU SHOULD TAKE TmS 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 Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER Date: ,? /74:- . , f ...... BY: ~ ,4',.It:J- Richard W. Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No. 18039 Attorneys for Plaintiff "<1'-"""1''''''''''._' "","..~_", . , , -~ r "'-, ~, " 008d82-00055/3.4.02/RWSI'<L TI1,54725.1 EXHIBIT "A" ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, on the North side of West North SI1'eet, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the NOlih by 12 foot wide private alley; and on the West by property now or formerly ofLeeM. Nickey. CONTAINING 15 feet more or less, in front on said West North Street and iextending at an even width a distance of 120 feet in depth to the private alley aforesaid. HAVING thereon erected the western one-half of a double two story frame dwelling house known as and numbered 347 West North Street. BEING THE SAME PREMISES which Susan K. Wagner now known as Susan K. Shellenberger, by her deed dated December 15, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 132, granted and conveyed unto Ronald B. Clippinger and Nancy K. CliJilpinger, Defendants herein. SEIZED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. PARCEL NO. 05-20-1798-187 -"l1"T>":'l'''''''\<I''';'''''''~I__, '1 > ." - "~"~ -~""-,,,' " WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLV AND\j COUNTY OF CUMBERLAND) NO 01-5870 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due THE BANK OF LANDISBURG PLANTIFF(S) From RONALD B. and NANCY K. CLIPPINGER, 351 W. NORTH ST., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCAED AT 347 W. NORTH ST., CARLISLE (SEE ATTACHED LEGAL DESCRIPTION.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subjectto attachment is found in the possession of anyone other than a named garnishee, you are directed to notify lrim/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue 62,089.10 Interest 10/1/01 - 6/5/02 $3,690.24 Ally's Comm % Ally Paid $119.25 Plaintiff Paid L.L. $.50 Due Prothy $1.00 Other Costs Date: MARCH 7,2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name RICHARD W. STEWART, ESQ. Address: 301 MARKET ST. LEMOYNE PA 17043 Attorney for: PLAINTIFF Telephone: (717) 761-4540 Supreme Court ill No. 18039 ~: 4~;_2 'If/lkr'i.('Df\!y- "<'"!, ""<:,,,,,,-;..,,.~,,,,,"~I"'!lir _ ! _ r- -~ , e- , , . ~-~,....,...~- -... ^"., -"-,~,,,,,,,,,-,,,,,..,=,,,,,,,,,,,~ ~--~" ,,",,",.,. " . Real Estate Sale #64 On March 15, 2002 the sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, P A lmown and numbered as 347 West North Street, Carlisle and more fully described on Exhibit "A" filed with tIns writ and by this reference incorporated herein. Date: March 15,2002 By:J D~I jV1<~ Real Estate Deputy - ,-, 'J ,;:l (' , '\ '1\ ",~ !-, ! ',_ '-, "4 :\,.' I ,~ - -' -~ j' " '-, ,.,' , -- , , ' 71\' \ liT 7\ III ll~n L'_' ~ : _, I ui,ri') J,lH,(, ,', ,,-:;,'\:dO ~~\\l3H': :,'," " ' q;mRlliR'l ~~fi,'tijII!~ ~J! 1,.lffi""I"ilfl*'ffc'~"f:;!,~''''_';''''~~'''~~l~m\'''ff,~'jj;l~WI._~r<'f1ll~~!f,>1~iH'~''i'!'t\~'\lW!::;;l""l\'i-"",~I~';)"'-__';",,,-';l '--IUIIIlf 'nr ~ ~ r::::.:::s ~ 1iiii1 ,- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYL VANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2,1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the sanae 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. r/;J}11/L __ Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 ~E~R, Nofary PuIlIIc My~~CS:2Wos :'o'sp,~,~. ~ ~~ ^ I~" - , ~, F ~ . . REAL ESTATE SALE NO. 64 Writ No. 2001-5870 Civil The Bank of Landisburg vs. Ronald B. ClIppinger and Nancy K. ClIppinger Atty.: Richard Stewari EXHIBIT "A" ALL TIlAT CERTAIN lot of ground situate in the Borough of Carlisle, on the North side of West North Street, Cumberland County, Penn- sylvania, bounded and described as follows; ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by 12 foot wide private allcy: and on the West by property now or formerly of Lee M. Nickey. CONTAINING 15 feet more or less. in front on S8.id Vlest NorL~_ Street and extendiIig at ~ even width a distance of 120 feet in depth to the private alley aforesaid. HAVING thereon erected the west- em one-half of a double two story frame dwelling house known as and numbered 347 West North Street. BEING THE SAME PREMISES which Susan K. Wagner now known as Susan K. Shellenberger, by her deed dated December 15. 1998. and recorded in the Office of the Record- er of Deeds of Cumberland County in Deed Book 191. Page 132, grant- ed and conveyed unto Ronald B. ClIppinger and Nancy K. ClIppinger, Defendants herein. SEIZED, taken in execution and to be sold as the property of Ronald B. ClIppinger and Natlcy K. ClIppin- ger' judgment debtors and real own- ers. PARCEL NO. 05-20- I 798-187. ~.r, '1f''' ,~~ ..:~,_] _." ,n_ ~, " -- > ,>' THE PAT1UOT 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 8..1.8 Market Street, in the City of Harrisburg. County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and..I!lll Sundav 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. PUBLICATION COPY SALE #64 '.......................~........... NOTARY PUBLIC My commission expires June 6, 2002 ' '--REAL ESTATESAlENO. 64~- ::.... Writ No.2001..B70 ClvllTenn . Tite Sank of Landlaburg .~=~-~. _'!Is , 0:'-: _-=----;- RonaldB:CllpPlnger and , Nancy K. Clippinger Ally: Richard Stewart DESCRll'JlON ALL THER CERTAIN lot or ground situate in the -_Borougb of_Carlisle, on the North side of West North .5J!:ee.!. C!1mqerland Counry,_pennsylvania, bounded _and.de_scr)@_asfollows: ONlliIis:Quth by West Norili Street; on the East by property noW or formerly of William E. Kistler; on the North.by 12 foot wide private alley; and on the ..WestbY~.... rty now or formerly of~ M. Nickey: CONTAINING 15 feet more or leSs, In front on sald -West NOI:tIkSJreet and extending at an even width a ,:_:~I;e__Qft20feetindepthtotbe:privatea11ey ~aroresaid:--::- - HAVING 'iliereon erected tire we.em c",-haIf of a Publisher's Receipt for Advertising Cost ;:. dOJIbJe twO s.tory frame dwellIng hOl~se known as and nB~*G~WestNorthStreehit hS- vW ' publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general :. 'J:.llJ _-!-f}J,;.s.amepremlsesw c usan_ho agner. .. . . . . "nolv knownas SusanK. Shellenberger. hy her deed e receipt of the aforesaId noMe and publication costs and certifies that the same have --dated Deciinbel' 15, 1998, and recorded in the Office .-of the Rec.order of Deeds of Cumberland. County in Deed_B.QOI02.l,J;~.age n2, granted and con...er~ ~to "- Ronald n=:C\ippinger and Nancy K. Chpprnger, :..:_ Defendmtinw:fn_o ---SEIZED taken in execution and to be sold as the , jroperty'ofRonald B. Clippinger and Nancy K. " 'tJippinger,judgmentdebtors and real owners. -'-TAX PARCEL No.: 05.20-1798-187, Sworn to amlaa..~lbed Terry L. RUS$@II. Notary Pu Harrisburg, Dauphin C My Commission Expires Jun! 6. 2002 Member, Pennsylvania AssOQlatlon ot Notaries 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 $ $ $ 192.00 1.75 193.75 By.................................................................... -.. , PRAECIPE FOR WRIT OF EXECUTION - {MONEY JUDGMENTS} ,P.R.C.P. 3101 to 3149 Etc. IN THE COURT OF COMMON PLEAS OF CUMBERLl\NDCOUNlY, PE.'1NSYLVANIA THE BANK OF Ll\NDISBURG ~--...__. ..---.------------------------------ VI. \/{rit No. _........0:-.......__......................._..__ Ttl1n, 19______ No. ___QJ..-:~_eI9n____m__________ Tenn, l~L~1tO 1 Amou.. due ________m_ ; __~Q.~,_Q?.~...JQ.___ Intere" Irom __J..QL!LQLJ:.q___~J,_@_Q..!..~i 6/5/02 Au'y', Carn. ___...____.._.._______.._______________ Cosu ________________; ___.._________........________ i I I I I I I I l I I , I ----_..------------------------------------- RONALD B. CLIPPINGER and ----------------------..-------------------- NANCY K. CLIPPINGER j ---------------------------------~~-------- To the Prothonotary 01 ,.;d Court: ISSUE WRIT OF EXECUTION IN THE ADOVE MATnR, (1) Directed to the Sheriff oC ___..~~~____County. Penna.; . RONALD B. CLIPPINGER and NANCY K. CLIPPINGER (2) agaJnst ...__________..._____________________.__...__..... __________..._.._______..... ~ ~ ~ _.._ ~..____... ~_.._ .._____..___ ..----..-.....-----.. ~-----..-----..----...._.....___.._......___..__________...._..__.. ......__ ...... _.. Dclenda~t (,) j (3) and against .-.:----...--~-__..._______..__...____...__...._________...____..___..______..______...__ Ga.rnisllcc (,) i (4)andindoxtlU!wri' 'RONALD B. CLIPPINGER and NANCY K. CLIPPINGER' __ (a) 'p'1U1 --c----------------------------- _____._________ ________ _ ____ n__n________________ ___________________n__________________________n____________ Defendan' (I) and (b) again" ----7---- ------------------_____ .- -___ __ __ _ ___ _ _ __ _ _ _ _ _ _ __ _ _ __ ___ _ __ __ _ n_ _ _ _ _ _ _ _ __ -- - ----..- -- --- ----- - - - - -- .. - - --..-.. - -------- - ---- _ ------- .. -....__.. "_" _.. __ C amishec (s) I iU J. tis pendens a.g.inn the real property of Ihe defendant (5) in. the name ofJhe Garnishl:'c (s) ns (nllo"'s: (Specific.II)' delcribe p/'Oj><rty) Ievy upon and sell all that certain tract of real estate situate in Carlisle Borough, CurrI:lerland County, Pennsylvania, owned by the Defendants, Ronald B. Clippinger and Nancy K. Clippinger, as more fully describedin Exhibit "A" attached hereto and made a part hereof by reference. I I , i I I ! i I I I \ , I I I I ! (5) t.lOcmpti?n has (nol) been .....ni\'cd. D,ted --3.-t-I-/-c:~-------_ ~ /;/d$-. . fi_' __...~ ...$.'!!:.....____________..____-...___.. _.. ~..____..... Anomer fnr rl;'linliCI (s) NOTE Under para.graph 0>. when the wrtt Is dlreeled to the sherlII of another cou.nly iIl!l auld10rized by Rule 31D3(b' the county should be lndlca\'ed. I. Under Rule 3103(c) . wrIt Issued on a transIerred jl,) cgement m:r:)' be directed onty to the sherif! of the coumy 1:c. whlch 1.ssucd. Pnagraph (3) above .should bE! completed only 1! III :r:med: ,arnishcc Is to be lnc.1udcd in lhe writ. Ptlragraph ({) (a) .should kxl compleled onl,y J! IndexIng ot Un execuLlon In the C'ounl)' ollssU3ncC! is desired a al.rlhorlzed by :Rule 3104(.). When Lhli! writ Issues 10 an other county Indexin,C 1s required as ot C'Ou~se In that coun.tv bv the 'Otothonoluy. St'e nlll" !ln4ft.\ 'p"","",,,,,~_,,",,"",,:"!'i, "!I ~." - "' , 1/ "~~. ~\ .' "- ~~ " -' ,~"~ ,~~,~m l:! \1 008'.82-0005513.".02lRWSIKL TI15"725,1 EXHIBIT "A" i ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, onlthe North side of West North Street, Cumberland County, Pennsylvania, bounded and described as follows: i , ON the South by West North Street; on the East by property now or formerlt of William E. Kistler; on the North by 12 foot wide private alley; and on the West by property now or formerly ofLe'f M. Nickey. CONTAINING 15 feet more or less, in front on said West North Street anJ extending at an even width a distance of 120 feet in depth to the private alley aforesaid, ! i HAVING thereon erected the western one-half of a double two story frame I'dwelling house known as and numbered 347 West North Street. ' , I BEING THE SAME PREMISES which Susan K. Wagner now lmown as lusan K. Shellenberger, by her deed dated December 15, 1998, and recorded in the Office of the Recorder of Deeds fCumberland County in Deed Book 191, Page 132, granted and conveyed unto Ronald B. Clippinger and Nancy K. CI ppinger, Defendants herein. SEIZED, taken in execution and to be sold as the property of Ronald B. Clipplnger and Nancy K. Clippinger, judgment debtors and real Owners. , r PARCEL NO. 05-20-1798-187 I , ~Ji&l~,~U~,,_ '-'~ ~ -, .~ . 1 ~ ~ , ~ , ~ 'q, ..q, "'0 .tJ .... Vv 0 <:::) C? ;Iq ..0 " ~ :-.... , ..... c::: i'''':> ....... ....... lU . "':"'" '1 & ::::- :!: t () ~ 0 0} 0 0 P-J ~{e -J;-;3> {) c- o "0 " C> Co 11 1~~ f' VJ I I () L-,,- I I j (OX' .--J ....... I ~ j 2 ,C;o 'J f} ~p -0 ,-''"'I', ... 0 -u ~.~-~ ~5 . ... ... . F r:- (~.) rn ~ - - :: Pc: ~ 7 5~~ <_c ;".,,) - ~-.) :0 ... .c, CJJ c< . ..:; ... fI~ ..... " '"-< -itlw_ ._~ ...N_",~,~~~mm...~,~!i}M/!!~Jli:WW'1'~J~'$tI~f,'I.;11!!\'!llJ~~!UJ!'t~~-fi!!'~"''i'f,'1''"Ci'''''_<"-c~._ '~f'~""ih'H~"C'!"IP"":o' -~7" ,0. -,", ,',' "t>o '>);rj'!~~11",,*'''''''J!~(i'~~f''''~'''''''';':;1''-'''''''"'''''~'!fo'''~I~~T'!f.ili"i1'",,!!,:,w:~r:l ~.- .~.--! l' 008482-00055/3.4,02lRWS/KL T/154725.1 I I I EXHIBIT "A" ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, on the North side of West North Street, Cumberland COlmty, Pennsylvania, bounded and described as follows: ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by 12 foot wide private alley; and on the Westby property now or formerly of Lee M. Nickey, CONTAINING 15 feet more or less, in front on said West North Street and extending at an even width a distance of 120 feet in depth to the private alley aforesaid, HAVING thereon erected the western one-half of a double two story frame dwelling house known as and numbered 347 West North Street. BEING THE SAME PREMISES which Susan K, Wagner now known as Susan K. Shellenberger, by her deed dated December 15, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 132, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein. SEIZED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. PARCEL NO. 05-20-1798-187 . .1 ~ , - ~ 008482-00055/2,13,02/RWS/KL T/154723,1 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 01-5870 THE BANK OF LANDISBURG, 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 347 West North Street, Carlisle, Pennsylvania. 1. Name and address ofOwner(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 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 1,'4"",,._ ~!I , -,,-~.' .. ~~ ",....., . 008482-00055/2,13,02/!,WS/KL T/154723,1 ./ 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: The Bank of Landisburg Address: P,O, Box 179 Landisburg, PA 17040 Name: Pennsylvania State Bank c/o Bruce D. Foreman, Esquire 4409 N, Front Street Hamsburg, P A 17110 Thomas Day, Jr. Susan K. Day c/o Mark A, Denlinger, Esquire 10 E. High Street Carlisle,PA 17013 Vincent H, Gettel Shirley Ann Gettel P.O. Box 85 Spring Run, P A 17262 First Union National Bank 123 S, Broad Street Philadelphia, P A 19109 Chester W. Schlusser, Jr. Barbara L. Reisinger Chester W. Schlusser, Sr. c/o Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 Lee M, Deihl 408 Franklin Street Carlisle, P A 17013 4, Name and address of the last recorded holder of every mortgage of record: Name: Address: The Bank of Landisburg P.O. Box 179 Landisburg, P A 17040 5, Name and address of every other person who has any record lien on the property: Name: Address: Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 \:""",..."mrl!li"~~!! ".' " r ~ , -.1lIil!'l " II 008482-00055/2,13,02/RWS/KL T/154723,1 -" 6. Name and address of every other person of whom the Plaintiff has knowledge who has any record interest in the property and whose interest may be affected by the sale: Name: Address: 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Address: I verifY that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. 94904 relating to unsworn falsification to authorities, JOHNSON, DUFFIE, STEWART & WEIDNER BY: ~ $,./hs- Richard W, Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 AttorneyIDNo.18039 Attorneys for Plaintiff DATE: 3/1 If> '- . !li~l, ~- " I" -,. , ~ ,~_"_ ^"<"=E ~ II 008482-00055/2,13,02/RWS/KL T/154725,1 " . THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-5870 v, CIVIL 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 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 347 West North Street, Carlisle, Pennsylvania is scheduled to be sold at Sheriffs Sale on June 5, 2002 at 10:00 o'clock a.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania to enforce the Court Judgment of $62,089,10 obtained by The Bank of Landisburg against you. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and other major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by reference, THE LOCATION of your property to be sold is: 347 West North Street. Carlisle. Pennsvlvania l70B THE PROPERTY IS IMPROVED WITH one-half of a double two stOry frame dwelling house THE mDGMENT under or pursuant to which your property is being sold is docketed to: No.01-5870 Civil Term 2001 in the Court of Common Pleas of Cumberland County. Pennsvlvania The name and address of the owner or reputed owner of this property is: Ronald B. Clippinger and Nancv K. Clippinger. 351 West North Street. Carlisle. P A l70B -7 :t .,J".. ,." I "~~ , , .-. . ...... :' 008482-00055/3.4.02/RWS/KL T/154725,1 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff witlrin thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed, Information about the schedule of distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TillS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: I, 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 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, ~~'~" ,- -".' - . "". ~ --'., , ' '-, - ,- 008482-00055/3,4,02/RW~/KL TI154725,1 4, If the amounl due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5. You may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale dale, This schedule will state who will be receiving that money. The money wili be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (l0) 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 Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No, (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER Date: "3 J 7/"'...... ( ( BY: --zU $~ Richard W. Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney ID No, 18039 Attorneys for Plaintiff ~'.11,_..,..,,__J' " '" . ~ " ". '" ~ ~" , 008482-00055/3.4.02/RWl'j/KL T/154725,1 EXHmIT "A" ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, on the North side of West North Street, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by West North Street; on the East by property now or formerly of William E. Kistler; on the North by 12 foot wide private alley; and on the West by property now or formerly of Lee M. Nickey. CONTAINING 15 feet more or less, in front on said West North Street and extending at an even width a distance of 120 feet in depth lo the private alley aforesaid. HAVING thereon erected the western one-half of a double two story frame dwelling house known as and numbered 347 West North Street. BEING THE SAME PREMISES which Susan K. Wagner now known as Susan K. Shellenberger, by her deed dated December 15, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 191, Page 132, granted and conveyed unto Ronald B. Clippinger and Nancy K. Clippinger, Defendants herein, SEIZED, taken in execution and to be sold as the property of Ronald B. Clippinger and Nancy K. Clippinger, judgment debtors and real owners. PARCEL NO. 05-20-1798-187 O~">< "_.":)'Il!,:J,_. '^_ , . ",-~ " .,,, ;--0 _~,1lIIm