HomeMy WebLinkAbout03-3523IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Vincent H. Gettel and
Shirley Ann Gettel,
Plaintiffs
V.
Ronald B. Clippinger,
Defendant
NOTICE
Civil Action
Mortgage Foreclosure
No. AD 2003 - .7 Y), -7
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 an appearance personally or by attorney and filing in
writing with the court your defenses 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 amended 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
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Vincent H. Gettel and
Shirley Ann Gettel,
Plaintiffs
V.
Ronald B. Clippinger,
Defendant
COMPLAINT
Civil Action
Mortgage Foreclosure
No. AD 2003 - 3--W
Plaintiffs, Vincent H. Gettel and Shirley Ann Gettel, husband and wife, by and
through their attorney, Joseph A. Macaluso, by way of Complaint, complain of
defendant Ronald B. Clippinger, and bring this action to foreclose the mortgage dated
July 1, 1997, by and among plaintiffs as mortgagees and defendant and his wife, Nancy
Clippinger, now deceased, as mortgagors, which is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania in Mortgage Book Volume
1392, Page 792, and for a cause of action allege:
1. Plaintiffs, Vincent H. Gettel and Shirley Ann Gettel, husband and wife, are sui
juris adults, whose address is P.O. Box 85, Spring Run, Pennysivania 17262.
2. Defendant, Ronald B. Clippinger, is a sui juris adult, whose address is 351 West
North Street, Carlisle, Pennysivania 17013.
3. The mortgage (a copy whereof is attached hereto as Exhibit A) secures
defendant and his wife's certain Promissory Note dated July 1, 1997 (a copy whereof
is attached hereto as Exhibit B), in the principal amount of $30,000.00, payable to
plaintiffs in monthly installments at the rate of interest in accordance with the
Promissory Note.
4. The real estate subject to the mortgage is described as follows:
ALL that certain lot of ground, and having erected thereon a two story frame
house and other out buildings, situate and being in the Fourth Ward of the
Borough of Carlisle, being Lot No. 177 on the general plan of additional building
lots laid out by George L. Germeyer, Jr., which is recorded in the County of
Cumberland in Miscellaneous Docket No. 9, Page 80, and bounded as follows,
to wit:
ON the South by West North Street, on the East by Lot No. 175, formerly owned
by Mrs. Lesher, on the North by a private alley, 12 feet wide, on the West by Lot
No. 179, the property of the late James Wetzel, containing 30 feet in front on
North Street, and extending at an even width in depth 120 feet to the aforesaid
alley, with the right of way, in, through, and over said alley, and being known as
No. 351 West North Street.
BEING the same tract of land which Lester L. Lay and Bertha E. Lay granted and
conveyed to Ronald B. Clippinger and Nancy K. Clippinger by deed dated
September 4, 1964, and recorded in the Office of the Recorder of Deeds for
Cumberland County in Deed Book "I", Volume 21, Page 610.
5. Upon information and belief, defendant's wife died in 2002, and legal title in and
to the real estate subject to the mortgage became fully vested in defendant.
Defendant's mailing address is: 351 West North Street, Carlisle, Pennyslvania
17013.
6. The above-described real estate is used by defendant for residential purposes.
7. The mortgage is a "residential mortgage" as defined in 41 P.S. Section 101.
8. Plaintiffs have complied with the requirements of 41 P.S. Section 403 and have
served the notice of intention to foreclose upon defendant; plaintiffs have also complied
with the requirements of 35 Pa.C.S.A. Section 1680.401 at seq. and have served the
notice of homeowner's emergency assistance upon defendant. Copies of the notices
and certified mail return receipt are attached hereto as Exhibit C.
9. Defendant and his wife had filed for Chapter 7 bankruptcy relief in the U. S.
Bankruptcy Court for the Middle District of Pennsylvania, on June 19, 2001, designated
as Bankruptcy Case No. 01-03530RJW-1. However, the Bankruptcy Trustee
abandoned the real estate subject to the mortgage as burdensome and of
inconsequential value to the estate. In accordance with 11 U.S.C. Section 554, the
automatic stay no longer applies to said real estate, and same is no longer property of
the estate pursuant to 11 U.S.C. Section 362(c)(1). The U. S. Bankruptcy Court has
entered an Order to this effect, dated December 19, 2002, a copy whereof is attached
hereto as Exhibit D.
10. The mortgage is in default because of defendant's failure to make the monthly
payments due under the Mortgage in the amount of $629.32 per month for September,
October, November, and December of 2000; and for January, February, March, April
May, June, July, August, September, October, November, and December of 2001; and
for January, February, March, April, May, June, and July of 2002. Plaintiffs demand
judgment for the balance due on the mortgage as of March 5, 2003, which is as follows:
Principal
$12,605.95
Interest at the daily rate of $3.45 $ 748.65
from August 1, 2002, through
March 5, 2002 (217 days)
10% Late charges ($62.93 per month) $ 1,321.53
for November and December, 2000, and
for each month of 2001, and for January
through July of 2002
Attorneys commission @ 15% $ 2,201.42
Total $16,877.55
Plus interest from March 6, 2002
@ $3.45 per day, and attorneys
commission of 15% thereon.
WHEREFORE, the plaintiffs request this Court to enter judgment of mortgage
foreclosure against the mortgaged property for the amount set forth above,
together with interest thereon, all other amounts advanced by plaintiffs, and an
attorney commission of 15% on the total amount owed.
A -Vzw
Joseph . Macalus ,Esq.
Sup-eme Court I.D. No. 38262
V.0. Box 83
Ohwtown, PA 17244
Attorney for Plaintiffs
Vincent H. Gettel and Shirley Ann Gettel
VERIFICATION
We, Vincent H. Gettel and Shirley Ann Gettel, verify that the statements made in
the foregoing Complaint are true and accurate to the best of our personal
knowledge, information and belief. We understand that our statements are
made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Vincent H. Gettel
-?"A) zm
Shirley An ettel
Dated: ?-4. S- -o a,;
/0 7`)'T -
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:C0 DAR pF' L?R
EDS
"SLRLAND COUpNT
Y-PA
'97 JUI.1a Pn 1 30 MORTGAGE
Made this I Sr day of July, 1997, by and among Ronald B. Clippinger and
Nancy Clippinger, husband and wife, of 351 West North Street, Carlisle, PA
17013 (hereinafter, whether one or more, called "Mortgagor"); and Vlgcent H.
Gettel and Shirley Ann Gettel, husband and wtfe, of P.O. Box 85, Spring Run, PA
17262 (hereinafter, whether one or more, called "Mortgagee").
Whereas, Mortgagor has executed and delivered to Mortgagee a certain ,
Mortgage Note (hereinafter called the "Note") of even date herewith, payable to
the order of Mortgagee in the p incipal own of Tlwty Thoum)d (630,000.00) and
00/100 Dollars, lawful money of the United States of America, and has provided
therein for payment of any additional moneys loaned or advanced thereunder by
Mortgagee, together with interest thereon at the rate provided in the Note, in the
manner and at the times therein set forth, and containing certain other terms and
conditions, all of which are specifically incorporated herein by reference;
Now, Therefore, Mortgagor, intending to be legally bound, and in
consideration of said debt and as security for the payment of the same and
interest as aforesaid, together with all other sums payable hereunder or under the
terms of the Note, does mortgage, grant and convey unto Mortgagee, its heirs,
successors and assigns:
See Exhibit A attached hereto and made part hereof.
-Tn1S is a second mortgage.
Together with the buildings and improvements erected thereon, the
appurtenances thereunto belonging and the reversions, remainders, rents, issues
and profits thereof.
To Have And To Hold the same unto Mortgagee, its heirs, successors and
assigns, forever.
` Provided, However, That if Mortgagor shall pay to Mortgagee the aforesaid
debt or principal sum, including additional loans or advances and all other sums
payable by Mortgagor to Mortgagee hereunder and under the terms of the Note,
together with interest thereon, and shall keep and perfom each of the other
covenants, conditions and agreements hereinafter set forth, then this Mortgage
and the estate hereby granted and conveyed shall become void.
This Mortgage is executed and delivered subject to the following covenants,
BooK1392racE 792 of 1%
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conditions, and agreements:
i (1) The Mortgagor shall pay the said debt together with interest thereon at the
rate provided in the Note, together with all other charges, in the manner and at the
times set forth in the Note.
(2) The Note secured hereby shall evidence, and this Mortgage shall cover
and be security for, any future loans or advances.that may be made by
Mortgagee to Mortgagor at any time or times hereafter and intended by
Mortgagor and Mortgagee to be so evidenced and secured, and such loans and
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(3) From time to time until said debt and interest are fully paid, Mortgagor
shall: (a) pay and discharge, when and as the same shall become due and
payable, all taxes, assessments, sewer and water rents, and all other charges
and claims assessed or levied from time to time by any lawful authority upon any
part of the mortgaged premises and which shall or might have priority in lien or
payment to the debt secured hereby, (b) pay all ground rents reserved from the
mortgaged premises and pay and discharge all mechanics' liens which may be
filed against said premises and which shall or might have priority in lien or
payment to the debt secured hereby, (c) pay and discharge any documentary
stamp or other tax, including interest and penalties thereon, if any, now or
hereafter becoming payable on the Note evidencing the debt secured hereby. (d)
provide, renew and maintain, by paying the necessary premiums and charges
thereon, such policies of hazard and liability insurance as Mortgagee may from
time to time require upon the buildings and improvements now or hereafter
erected upon the mortgaged premises, with loss payable clauses in favor of
Mortgagor and Mortgagee as their respective interests may appear, such policies
to be deposited as collateral secured with the Mortgagee, and (e) promptly
,uonut to Mortgagee evwence of the d„t: and punctual payment of ad the
foregoing charges; provided, however, that Mortgagee may, at its option, require
that sums sufficient to discharge the foregoing charges to be paid in installments
to Mortgagee.
(4) Mortgagor shall maintain all buildings and improvements subject to this
Mortgage in good and substantial repair, as determined by Mortgagee.
Mortgagee shall have the right to enter upon the mortgaged premises at any
reasonable hour for the purpose of inspecting the order, condition and repair of
the buildings and improvements erected thereon. Mortgagor warrants title to the
mortgaged premises.
(5) In the event Mortgagor neglects or refuses to pay the charges mentioned
at (3) above, or fails to maintain the buildings and improvements as aforesaid,
Mortgagee may do so, add the cost thereof to the principal debt secured hereby,
and collect the same as part of said principal debt.
mK.i392 1ie6 ram
(6) Mortgagor covenants and agrees not to create, nor permit to accrue, upon
all or any part of the mortgaged premises, any debt, lien or charge which would
be prior to, or on a parity with, the lien of this Mortgage. Mortgagor shall comply
with all laws, ordinances, regulations, and orders of all Federal, State, Municipal
and other governmental authorities relating to the Mortgaged premises. .
(7) If all or any part of the estate hereby granted or any interest in it is sold or
transferred without Mortgagee's prior written consent, Mortgagee may, at tis
option, require immediate payment in full of all sums secured by this Mortgage. -
However this option shall not be exercised by Mortgagee if exercise is prohibited
;.y (CUOIdI law d5 Uf thu U40 Of ((us Morlyauf.
If Mortgagee exercises this option, Mortgagee shall give Mortgagor notice
of acceleration. The notice shall provide a period of not less than thirty (30) days
from the date the notice is delivered or mailed within which Mortgagor must pay all
sums secured by this Mortgage. If Mortgagor fails to pay these sums prior to the
expiration of this period, Mortgagee may invoke any remedies permitted by this
Mortgage without further notice or demand on Mortgagor.
(8) If the loan secured by this Mortgage is subject to a law which sets
maximum loan charges, and that law is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with the loan exceed
the permitted limits, then: (a) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (b) any sums
already collected from Mortgagor which exceeded permitted limits will be
refunded to Mortgagor. Mortgagee may choose to make this refund by reducing
the principal owed under the Note or by making a direct payment to Mortgagor. If
a refund reduces principal, the reduction will be treated as a partial prepayment
without any prepayment charge under the Note.
ii) In case default be made for thu :,pace of tinny t30/ Uays in the pdymola of
any installment of principal, or interest pursuant to the terms of the Note, or in the
performance by Mortgagor of any of the other obligations of the Note or this
Mortgage, the entire unpaid balance of said principal sum, additional loans or
advances and all other sums paid by Mortgagee pursuant to the terms of the Note
or this Mortgage, together with unpaid interest thereon shall at the option of
Mortgagee and without notice become immediately due and payable, and an
action of mortgage foreclosure may be brought forthwith on this Mortgage and
prosecuted to judgment, execution and sale for the collection of the same,
together with all other charges, costs of suit and reasonable attorneys
commission for collection, which it is agreed by the parties hereto shall be ten
percent (10%) of the total indebtedness or five hundred dollars ($800.00),
whichever is greater. The parties agree that the interest rate payable after a
judgment is entered shall be the rate payable under the Note. Mortgagor hereby
forever waives all rights to strike or open judgment in said Mortgage foreclosure
BOOK1392foe 794
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proceedings, as wep as the necessity of filing any affidavit of non-military service.
In addition, the Mortgagor waives all notice of foreclosure proceedings as well as
all legal and egiltble grounds for stay or settings aside of execution or
foreclosure. In additlon; the Mortgagor waives all notice of sale and all rights to
petition to set aside, any foreclosure sale and waives all rights to make exceptions
to any ShertfPsror a tscuting officers distribution. The Mortgagor further waives
the benefit of at ippraisement, stay and exemption laws and all bankruptcy or
insolvency laws: now in force of hereinafter passed, any law, usage or custom to
the contraryftX ::=,a" At fti "kr,
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The covenants, corrtons and agreements contained in this Mortgage shall
bind, and the benefits thereof shall Inure to, the respective parties hereto and their
respective heirsfle)iecutors,Eadministratore, successors and assigns, and If this
mortgage is wvic Agd;by more than one person, the undertakings and liability of
each shah be roKefid sevenbj;,,
Witness the due execution hereof the day and year first above written.
Wftness•
?:w
Ronald B. Clippinger
(SEAL)
nZupp nger
ENT
COMMONWEALTH OF PENNSYLVANIA
' SS
CCfC1NTY'` iJIYigERLAND '
On tfdif tirUy, 1991, before' me, the undersigned officer,
personally apo"red Ronald B. Clippinger and Nancy Clippinger, husband and
wife, Wwwn to me (or satisfactorily proven), to be the persons whose names are
subscribed to the *I ft InsblNneht, and acknooMedged the foregoing deed to be
their act and deed; and deekrsd the some to be recorded as such.
Witness nub hand and official seal, the day and year aforesaid.
Notarial Seel
Publlc BMtI A. Morrison, Notary Public
CIUIIsN Born. Cum aTiand County
?' '. My Comm!sswn UP )$ Dec. 1,5, 20W
!,'-+Pjr°"j,,l?AlfniNr, flnneylvenls Assoclsflon of Notarise
ALL that certain lot of ground, and having erected thereon a tw
story frame house and other out buildings, situate and being in
the Fourth Ward of the Borough of Carlisle, being Lot No. 177
on the general plan of additional building lots laid out by
George L. Germeyer , Jr., which is recorded in the County of
Cumberland in Miscellaneous Docket No. 9. Page 60, and bounded as
follows, to wit:
ON the South by West North Street, on the East by Lot No 175,
formerly owned by Mrs. Lesher, on the North by a private alley,
12 feet wide, on the West by Lot No. 179, the property of the
late James Wetzel, containing 30 feet in front on North Street,
and extending at an even width in depth 120 feet to the aforesaic
alley, with the right of way, in, through, and over said alley,
and being known as No. 351 West North Street
BEING the same tract of land which Lester L. Lay and Bertha E. Lay granted
and conveyed to Ronald B. Clippinger and Nancy K. Clippinger dy deed dated
n September 4, 1964 and recorded in the Office of the Recorder of Deede for
Cumberland County in Deed Book "I", Volume 21, Page 610.
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EXHIBIT "A"
PROMISSORY NOTE
$30,000.00 July i , 1997
Carlisle, Penn"nia
Ronald B. Clippinger and Nancy Clippinger, husband and wife, of 351 West North
Street, Carlisle, PA 17013 (hereinafter referred to as "Obligors'), hereby jointly
and severalty promise to pay to the order of Vincent H. Gettel and Shirley Ann
Gettel, of P.O. Box 85, Spring Run, PA 17262 (hereinafter referred to as
"Obligees"), Obligees' heirs, personal representatives, successors or assigns, in
lawful money of the United States of America, the principal amount of Thirty
Thousand ($30,000.00) and 00/100 Dollars, and any additional moneys loaned or
advanced by the holder hereof as hereinafter provided, without defalcation, for
value received, bearing interest at the initial rate of eight and one-half (8.5 %) ,
percent per annum, due and payable in even consecutive monthly installments,
which monthly payments shall be in the amount of Six Hundred Fifteen ($615.64)
and 64/100 Dollars each, commencing on the 1st day of August, 1997, and on the
1 st day of each and every month thereafter, for a total of thirty-six (36)
consecutive months, until July 1, 2000, and the balance of principal in the amount
of Thirteen Thousand Six Hundred and Thirty-Four ($13,634.19) and 191100
Dollars, outstanding on July 1, 2000, shall be due and payable in even consecutive
monthly installments, which monthly payments shall be in the amount of Six
Hundred Twenty-Nine ($629.32) and 32/100 Dollars each, commencing on the 1 st
day of August, 2000, and on the 1 st day of each and every month thereafter, for a
total of twenty-four (24) consecutive months, until July 1, 2002, and the balance of
principal, interest and/or other charges remaining unpaid on July 1, 2002, shall be
due and payable on that date. The entire amount of principal and interest due
hereunder, if not sooner paid, shall be payable in full on July 1, 2002, provided
however, that the Obligors shall have the privilege, at their sole option, to pay said
principal sum and accrued interest thereon and other charges in whole or in part
sooner without penalty. This Promissory Note shall be due and payable in full on
July 1, 2002, and Obligees are under no obligation to finance this amount beyond
said date. Furthermore, this Promissory Note is not assumable without the prior
written consent of Obligees.
In the event any payment provided for herein is not paid in full by the end of ten
(10) calendar days after the date it is due, then the Obligors agree to pay a late
charge in an amount of and not exceeding ten percent (10%) of any such
overdue payment as compensation for the additional service resulting from the
default; all payments to be made at P.O. Box 85, Spring Run, PA 17262, or
elsewhere as shall be directed by any holder hereof. For purposes of
this Paragraph, payment shall be deemed to be timely made, i.e. on or before the
0 Q'f
10th day of the month, if Obligees physically receive the monthly payment by
hand-delivery on or before the 10th day of the month, or if Obligors mail the
monthly payment by first class mail, and same is post-marked on or before the
10th day of the month. If any check is returned for insufficient funds or any other
reason whatsoever (excepting missing endorsement of Obligees), then late
charges will continue until the monthly payment is actually paid by Obligors, and in
addition, Obligors shall reimburse Obligees immediately for the full amount of any
bank charges incurred by Obligees as a result of such returned check.
The principal amount set forth above represents a loan for business purposes,
and Obligors warrant and represent to Obligees that this transaction is not a
consumer credit transaction within the meaning of and for purposes of Rule
2950 of the Pennsylvania Rules of Civil Procedure. In the event of a default by
Oalrgors in the payment of any amount due hereunder which shall continue for a
period of twenty (30) days from the due date of such payment, without regard to
any grace period, Obligors hereby empower any prothonotary and any attorney of
any court of record, at any time, and often as necessary, to appear for Obligors
and, with or without complaint filed, to confess judgment or a series of judgments
against the Obligors in favor of Obligees or any other holder of this Note, as of
any term, for the unpaid balance of the principal debt, additional loans or
advances and all other sums paid by the Obligees or other holder of this Note to
ur on behalf of the Obligors pursuant to the terms of this Note, together with
unpaid interest thereon, any late charges, and costs of suit and reasonable
attorneys fees for collection which it is agreed by the parties hereto shall be ten
percent (10%) of the total indebtedness, or $500.00, whichever is greater, on
which judgment or judgments one or more executions may issue forthwith upon
tailure to comply with any of the terms and conditions of this Note. The parties
agree that the interest rate payable after a judgment is entered shall be the rate
payable under this Note. The entry of a judgment by confession shall not bar
later, additional judgments by confession in the event the earlier judgments are
?atrsfied beca4se of partial payment by Obligors.
Omgors hereby waive and agree not to assert any and all future claims,
uatenses, and offsets against Obligees with respect to payment required to be
made by Obligors hereunder. Obligors agree to make payment hereunder
regardless of any claims, defenses, or offsets which may be asserted by Obligors
ur on Obligors' behalf. I his obligation shall bind the Obligors, the Obligors' heirs,
executors, administrators, successors and assigns, and the benefits hereof shall
inure to the Obligees hereof and Obligees' heirs, successors or assigns. If this
Note is executed by more than one person, the undertakings and liability of each
shall be joint and several.
At the time of making this Note, Obligors shall reimburse Obligees for their
attorneys fees in connection with this Note and the Mortgage in this transaction.
Witness the due execution hereof the day and year first above written.
Witness:
U
J
Ronald B. Clippinger, Individually
Nan ppinger, Individually
Notice of Intention to Foreclose a Residential Mortgage
Date: January 24, 2003
Via Certified Mail Receipt Requested
To: Mortgagor: Ronald B. Clippinger
Re: Mortgaged Premises: 351 West North Street, Carlisle, Pennyslvania 17013
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The mortgage held by Vincent H. Gettel and Shirley Ann Gettel (hereinafter we, us or
ours) on your property, located at 351 West North Street, Carlisle, Pennyslvania
17013, IS IN SERIOUS DEFAULT because you have not made the monthly payments
of $629.32 per month during 2000 for September, October, November, and December,
and during 2001 for January, February, March, April, May, June, July, August,
September, October, November, and December, and during 2002 for January,
February, March, April, May, June, and July. Late charges of 10%, which is $62.93 per
month, (and other charges) have also accrued to this date, during 2000 for November
and December, and during 2001 for January, February, March, April, May, June, July,
August, September, October, November, and December, and during 2002 for January,
February, March, April, May, June, and July, in the amount of $1,321.53. Interest has
accrued at 10% on the unpaid principal balance of $12, 605.95, from August 1, 2002,
through January 24, 2003, at the daily rate of $3.45, in the amount of $610.65. The
total amount now required to cure this default or, in other words, to get caught up in
your payments, as of the date of this letter, is $16,406.54.
You may cure this default within thirty (30) days of the date of this letter, by paying to
us the above amount of $16,406.54, plus any additional payments of accrued interest
of $3.45 per day which may fall due during the period. Such payment must be made
either by cash, cashier's check, certified check or money order, and made at P.O. Box
85 Spring Run, PA 17262.
If you do not cure the default within thirty (30) days, we intend to exercise our right to
accelerate the mortgage payments. This means that whatever is owing on the original
amount borrowed will be considered due immediately and you may lose the chance to
pay off the original mortgage in monthly installments. If full payment of the amount of
default is not made within thirty days, we also intend to instruct our attorneys to start a
lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your
mortgaged property will be sold by the sheriff to pay off the mortgage debt.
If we refer your case to our attorneys, but you cure the default before they begin legal
proceedings against you, you will still have to pay the reasonable attorneys' fees,
actually incurred, up to $50.00. However, if legal proceedings are started against you,
it %,
you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any
attorneys' fees will be added to whatever you owe us, which may also include our
reasonable costs. If you cure the default within the thirty-day period, you will not be
required to pay attorneys' fees.
We may also sue you personally for the unpaid principal balance and all other sums
due under the mortgage. If you have not cured the default within the thirty-day period,
and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the sheriffs foreclosure sale. You
may do so by paying the total amount of the unpaid monthly payment plus any late or
other charges then due, as well as the reasonable attorneys' fees and costs connected
with the foreclosure sale (and perform any other requirements under the mortgage). It
is estimated that the earliest date that such a sheriffs sale could be held would be
approximately June 11, 2003, at 10:a.m. The notice of the date of the sheriffs sale will
be sent to you before the sale.
Of course, the amount needed to cure the default will increase the longer you wait. You
may find out at any time exactly what the required payment will be by calling us at the
following number: (717) 349-7149. This payment must be in cash, cashier's check,
certified check or money order and made payable to us at the address stated above.
You should realize that a sheriffs sale will end your ownership of the mortgaged
property and your right to remain in it. If you continue to live in the property after the
sheriffs sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property.
YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY
OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER
LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO
SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A
BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT,
PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND
ATTORNEYS' FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND
THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED.)
CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT
MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY
THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no
default had occurred. However, you are not entitled to this right to cure your default
more than three times in any calendar year.
Very truly yours,
Vincent H. Gettel Shirley An Gettel
NOTICE OF HOMEOWNERS' EMERGENCY ASSISTANCE ACT
(12 PA. CODE, CHAPTER 31, APPENDIX A)
IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE
ASSISTANCE PROGRAM. PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE
FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
RE: Account: Ronald B. Clippinger
TO: Ronald B. Clippinger, 351 West North Street, Carlisle, Pennyslvania 17013
FROM: Vincent H. Gettel and Shirley Ann Gettel, P.O. Box 85, Spring Run, PA 17262
Your mortgage is in serious default because you have failed to pay promptly
installments of principal and interest, as required, for a period of at least sixty (60)
days. The total amount of the delinquency is $16,406.54. That sum includes the
following amounts: 1) monthly payments of principal and interest of $629.32 per month
during 2000 for September, October, November, and December, and during 2001 for
January, February, March, April, May, June, July, August, September, October,
November, and December, and during 2002 for January, February, March, April, May,
June, and July, for a subtotal of $14,474.36; 2) late charges of 10%, which is $62.93
per month, during 2000 for November and December, and during 2001 for January,
February, March, April, May, June, July, August, September, October, November, and
December, and during 2002 for January, February, March, April, May, June, and July,
for a subtotal of $1,321.53; 3) interest at 10% on the unpaid principal balance of
$12, 605.95 from August 1, 2002, through January 24, 2003, at the rate of $3.45 per
day, for a subtotal of $610.65.
You may be eligible for financial assistance that will prevent foreclosure on your
mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage
Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary
assistance if your default has been caused by circumstances beyond your, control, you
have a reasonable prospect of resuming your mortgage payments, and if you meet
other eligibility requirements of the Act as determined by the Pennsylvania Housing
Finance Agency. Please read all of this Notice. It contains an explanation of your rights.
Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for
thirty (30) days from the date of this Notice. During that time you must arrange and
attend a "face-to-face" meeting with a representative of this lender, or with a
designated consumer credit counseling agency. The purpose of this meeting is to
attempt to work out a repayment plan, or to otherwise settle your delinquency. This
meeting must occur in the next thirty (30) days.
If you attend a face-to-face meeting with this lender, or with a consumer credit
counseling agency identified in this notice, no further proceeding in mortgage
foreclosure may take place for thirty (30) days after the date of this meeting
The name, address, and telephone number of our representative is: Vincent H. Gettel
and Shirley Ann Gettel, P.O. Box 85, Spring Run, PA 17262.
The names and addresses of the designated consumer credit counseling agencies are
shown on the attached sheet. It is only necessary to schedule one face-to-face
meeting. You should advise this lender immediately of your intentions.
If you have tried and are unable to resolve this problem at or after your face-to-face
meeting, you have the right to apply for financial assistance from the Homeowners'
Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign, and
file a completed Homeowners' Emergency Assistance Application with one of the
designated consumer credit counseling agencies listed on the attachment. An
application for assistance may only be obtained from a consumer credit counseling
agency. The consumer credit counseling agency will assist you in filling out your
application and will submit your completed application to the Pennsylvania Housing
Finance Agency. Your application must be filed or postmarked, within thirty (30) days of
your face-to-face meeting.
It is extremely important that you file your application promptly. If you do not do so, or if
you do not follow the other time periods set forth in this letter, foreclosure may proceed
against your home immediately.
Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act.
It is extremely important that your application is accurate and complete in every
respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a
decision after it receives your application. During that additional time, no foreclosure
proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by that Agency of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post
Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780-3800 or
1-800-342-2397 (toll free number). Persons with impaired hearing call (717) 780-1869.
You have already received another notice from this lender under Act 6 of 1974. That
notice is called a "Notice of Intention to Foreclose." You must read both notices, since
they both explain rights that you now have under Pennsylvania law. However, if you
choose to exercise your rights described in this notice, we cannot foreclose upon you
during that time. Also, if you receive financial assistance from the Pennsylvania
Housing Finance Agency, your home cannot be foreclosed upon while you are
receiving that assistance.
Consumer Credit Counseling Agencies
YWCA of Carlisle
301 G. St.
Carlisle, PA 17103
(717) 243-3814
CCCF of Western Pennsylvania, Inc.
2000 Linglestown Rd.
Harrisburg, PA 17102
(717) 541-1757
Community Action Commonwealth of the Capital Region
1514 Dairy St.
Harrisburg, PA 17104
(717) 232-9757 [fax (717) 23422271
Urban League of Metropolitan Harrisburg
N. 6th St.
Harrisburg, PA 17101
(717) 2345925 [fax (717) 234-94591
American Red Cross - Hanover Chapter
529 Carlisle St.
Hanover, PA 17331
(717) 637-3768 [fax (717) 637-3294]
Financial Services Unlimited
31 W. 3rd St.
Waynesboro, PA 17268
(717) 762-3285
Financial Counseling Services of Franklin
31 W. 3rd St.
Waynesboro, PA 17268
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17326
(717) 3341518 [fax (717) 334-8326]
Bedford Fulton Housing Services
Rt. 1
Box 384
Everett, PA 15537
(814) 823-9129 [fax (814) 623-7187)
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UNITED STATES BANKRUPTCY CO PA
MIDDLE DISTRICT OF PENNSYLVANIA
DEC 1 9 2002
IN RE:
RONALD BLAINE CLIPPINGER
NANCY K. CLIPPINGER
DEBTOR(S)
ORDER
U.S. Bankruptcy Court
CASE NO.: 1-01-03530
CHAPTER 7
At Harrisburg, this 19 day of December, 2002, all creditors and parties in interest
having received Notice of Filing of Account of Trustee and of Application(s) for Compensation and
expenses, and a date having been set by which any objections to said matters, if any, were to be filed
with this Court; and all parties in interest having been advised that no final meeting or hearing on
the subject matters would be held in the absence of objections; and no objections or other pleadings
having been filed necessitating a hearing in the premises; or if filed, all such objections having been
heard and decided:
NOW THEREFORE IT IS ORDERED THAT the Trustee shall:
(1) Make all disbursements for the estate in accordance with the accounting filed.
(2) Make check payable to "Clerk U.S. Bankruptcy Court" for expenses of
administration in the amount of $0.00.
IT IS ORDERED THAT all appointed professional person(s) having shown cause
therefore, be and hereby are allowed compensation for services and expenses to the estate and the
Trustee is directed to make payment to the following:
Markian R. Slobodian, Esq.
Trustee
Markian R. Slobodian, Esq.
Attorney for Trustee
Compensation Expenses
$6537.50 45.10
2165.00 300.77
11 D0
IT IS FURTHER ORDERED THAT all checks issued by said Trustee shall be void
after ninety (90) days and stamped accordingly. The Trustee shall notify payees of any checks not
deposited and paid within such ninety (90) days, make a diligent effort to locate a correct address
and endeavor to distribute such funds. If such efforts fail, as soon as possible after the ninety (90)
days in question, the Trustee is instructed to return a check to the Clerk of Court for the balance on
hand with a list of persons to whom such funds are to be distributed.
IT IS FURTHER ORDERED THAT the debtor's residence located at 351 West
North Street, Carlisle, Pa. 17013, is abandoned by the Bankruptcy Trustee as burdensome and of
inconsequential value to the estate, in accordance with 11 U.S.C. § 554, and the automatic stay
shall no longer apply to said residence as same is no longer property of the estate pursuant to
l I U.S.C. § 362(c)(1).
BY THE COURT:
4? r
VJTH(0)
BANKRUPTCY JUDGE
MARKIAN R. SLOBODIAN, ESQ
801 N SECOND ST
HARRISBURG PA 17102
OFFICE OF THE US TRUSTEE
PO BOX 969
HARRISBURG PA 17108-0969
JOSEPH A MACALUSO ESQ
9614 ROWE RUN LOOP
SHIPPENSBURG PA 17257
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Vincent H. Gettel and Civil Action
Shirley Ann Gettel, Mortgage Foreclosure
Plaintiffs
No. AD 2003 - 3523
V.
Ronald B. Clippinger,
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on August 19, 2003, 1 caused to be served a true and correct
copy of the Plaintiffs' Praecipe for Entry of Default Judgment attached hereto, by first
class mail and simultaneously therewith by certified mail return receipt requested,
postage prepaid, addressed to the following individual: defendant, Ronald B.
Clippinger, 351 West North Street, Carlisle, PA 17013.
1 further certify that the statements made herein are true and correct, and I
understand that if any false statements were made herein, the same would be subject
to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to
authorities.
Dated: August 19, 2003
IN THE OCOURT OF COMMON F PENNSYLVANIA P CUMBERLAN COUNTY JUDICIAL DISTRICT
Vincent H. Gettel and
Shirley Ann Gettel,
Plaintiffs
Civil Action
Mortgage Foreclosure
No. AD 2003 - 3523
V.
Ronald B. Clippinger,
Defendant
TO: Defendant, Ronald B. Clippinger, 351 West North Street, Carlisle, PA 17013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED
OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE
DATE OF THIS 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
E TO FIND OUT WHERE YOU CAN GET
TELEPHONE THE FOLLOWING OFFICE OR
T
LEGAL HELP.
CUMBERLAND COUNTY BAR.ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
Dated: August 19, 2003
Macaluso
Court I.D. No. 38262
for Plaintiffs
P`91. Box 83
Orrstown, PA 17244
(717) 532-4832
1
CJ 17
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-03523 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GETTEL VINCENT H ET AL
VS
CLIPPINGER RONALD B
RON KERR
, 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 1239:00 HOURS, on the 25th day of July 2003
at 351 WEST NORTH STREET
CARLISLE, PA 17013 by handing to
RONALD B CLIPPINGER
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this e day of
x ZOV-3 A.D.
Llrothonotary
So Answers:
R. Thomas Kline
07/28/2003
VINCENT GETTEL
By:
7her
iff
VINCENT H. GETTEL and : IN THE COURT OF COMMON PLEAS OF
SHIRLEY ANN GETTEL, : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
CIVIL .ACTION
V.
RONALD B. CLIPPINGER, NO. AD 2003-3523
DEFENDANT MORTGAGE FORECLOSURE
NOTICE TO PLEAD
TO: Vincent H. Gettel and Shirley Ann Gettel,
and their attorney, Joseph A. Macaluso, Esq.
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER TO COMPLAINT WITH COUNTERCLAIM WITHIN TWENTY (20)
DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
IRWIN,
By:
60
& HUGHES
Esquire
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court Ill. No. 25476
Attorney for Defendant
Ronald B. Clippinger
Date: August 28, 2003
VINCENT H. GETTEL and : IN THE COURT OF COMMON PLEAS OF
SHIRLEY ANN GETTEL, : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
CIVIL ACTION
V.
RONALD B. CLIPPINGER, NO. AD 2003-3523
DEFENDANT MORTGAGE FORECLOSURE
ANSWER TO COMPLAINT
WITH COUNTERCLAIM
AND NOW, this 28th day of August, 2003, comes the Defendant, Ronald B. Clippinger,
by his attorneys, Irwin, McKnight & Hughes, and makes the :Following Answer to the Complaint
of the Plaintiffs, Vincent H. Gettel and Shirley Ann Gettel:
1.
The averments of fact contained in paragraph one (1) of the Complaint are admitted.
2.
The averments of fact contained in paragraph one (1) the Complaint are admitted.
3.
The averments of fact contained in paragraph three (3) of the Complaint are admitted.
4.
The averments of fact contained in paragraph four (4) of the Complaint are admitted.
5.
The averments of fact contained in paragraph five (5) of the Complaint are admitted.
6.
The averments of fact contained in paragraph six (6) of the Complaint are admitted.
7.
The averments of fact contained in paragraph seven (7) of the Complaint are admitted.
8.
The averments of fact contained in paragraph eight (8) of the Complaint are beyond the
knowledge and belief of the Defendant, Ronald B. Clippinger.
9.
The averments of fact contained in paragraph nine (9) of the Complaint are admitted.
10.
The averments of fact contained in paragraph ten (10) of the Complaint are denied. On
the contrary, the Defendant does not owe the Plaintiffs any amount of money due to the amount
owed to him by the Plaintiffs in the Counterclaim which is part of this Complaint.
WHEREFORE, the Defendant, Ronald B. Clippinger, requests that the Complaint of the
Plaintiffs be dismissed with costs and interest as permitted by law paid to the Defendant, Ronald
B. Clippinger.
COUNTERCLAIM
AND NOW, this 28" day of August, 2003, comes the Defendant, Ronald B. Clippinger,
by his attorneys, Irwin, McKnight & Hughes, and makes the following Counterclaim:
11.
The averments contained in the Answers to paragraphs one (1) through ten (10) of the
Complaint are incorporated by reference and made a part of this Counterclaim.
2
12.
At the time the mortgage was entered into by the Defendant with the Plaintiffs, the
Plaintiff, Shirley Ann Gettel, was an employee of the Defendant at the Shippensburg office.
13.
On September 13, 1999, without warning, the Plaintiff, Shirley Ann Gettel, ceased her
employment with the Defendant and opened a tax business of her own.
14.
Said Plaintiff, Shirley Ann Gettel, took information from the Defendant's records
regarding his Shippensburg clients.
15.
She opened a competing business and contacted the Defendant's clients beginning in
2000 causing the Defendant significant loss of income in 2000„ 2001, 2002 and 2003.
16.
The use of the business records of the Defendant in order to open her own business
breached her employment agreement with the Defendant.
17.
The Plaintiff, Vincent H. Gettel, benefited by the additional income his wife earned by
contacting and using the clients of the Defendant, Ronald B. Clippinger.
18.
The Defendant, Ronald B. Clippinger, has lost the sum of Thirty Thousand and no/100
($30,000.00) Dollars per year for 2000, 2001, 2002 and 2003, for a total loss to date of One
Hundred Twenty Thousand and no/100 ($120,000.00) Dollars, which is owed by the Plaintiffs to
the Defendant.
WHEREFORE, the Defendant, Ronald B. Clippinger, seeks judgment against the
Plaintiffs in the amount of One Hundred Twenty Thousand and no/100 ($120,000.00) Dollars
plus costs and interest as permitted by law.
Respectfully submitted,
IRWIN, MC HT & HUGHES
BY Marcu A. girt, 111, Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for Defendant
Date: August 28, 2003
VERIFICATION
The foregoing document is based upon information which has been gathered by counsel
and myself in the preparation of this action. I have read the statements made in this document
and they are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unworn falsification to authorities.
c ?-
RONALD B. CLIPPINGER
Date: August 28, 2003
VINCENT H. GETTEL and : IN THE COURT OF COMMON PLEAS OF
SHIRLEY ANN GETTEL, : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
CIVIL ACTION
V.
RONALD B. CLIPPINGER, NO. AD 2003-3523
DEFENDANT MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Joseph A. Macaluso, Esq.
P. O. Box 83
Orrstown, PA 17244
IRWIN, McHINlGHT & HUGHES
By: Marc A.1fcknight, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: August 20, 2003
knnn?m„sNn??d
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Vincent H. Gettel and Civil Action
Shirley Ann Gettel, Mortgage Foreclosure
Plaintiffs
No. AD 2003 - 3523
V.
Ronald B. Clippinger,
Defendant
NOTICE TO PLEAD
To: Ronald B. Clippinger Go Marcus A. McKnight, III, Esq., 60 West Pomfret St.
Carlisle, PA 17013
You are hereby notified to file a written response to the enclosed preliminary
objections to the counterclaim within twenty (20) days from service hereof, or a
judgment may be entered against you.
Attor ey for Plaintiffs Vincent H. and Shirley Ann Gettel
Supr me Court I.D.# 38262
ox 83, Orrstown, PA 17244
(717) 532-4832
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Vincent H. Gettel and
Shirley Ann Gettel,
Plaintiffs
Civil Action
Mortgage Foreclosure
No. AD 2003 - 3523
V.
Ronald B. Clippinger,
Defendant
PLAINTIFFS' PRELIMINARY OBJECTIONS TO COUNTERCLAIM OF DEFENDANT
Plaintiffs, Vincent H. Gettel and Shirley Ann Gettel (referred to as the "Gettels" from
time to time unless otherwise noted), by and through their attorney, Joseph A.
Macaluso, hereby file the following preliminary objections to the counterclaim of
defendant, Ronald B. Clippinger (referred to as "Clippinger"), as follows:
PRELIMINARY OBJECTION 4:1
FAILURE TO CONFORM TO A RULE OF COURT: PA. R.CIV. P. 1148
1. In his counterclaim, Clippinger alleges a breach of an employment agreement
by Shirley Ann Gettel.
2. Pa. R.Civ. P. 1148, pertaining to "Action of Mortgage Foreclosure", provides that:
"Rule 1148. Counterclaim.
A defendant may plead a counterclaim which arises from the same
transaction or occurence or series of transactions or occurences from which the
plaintiff's cause of action arose."
3. The counterclaim of Clippinger does not arise from the Promissory Note or the
Mortgage transaction involved in this foreclosure action.
4. "Because mortgage foreclosure proceedings are in rem, any defense must go to
the existence and validity of a mortgage." 4 Goodrich.Amram 2d, Section 1148:2, p.
241.
5. Nor does the counterclaim of Clippinger involve the existence or validity of the
Promissory Note or the Mortgage transaction involved in this foreclosure action.
6. The counterclaim of Clippinger involves transactions and occurrences which do
not relate in any way to the Promissory Note or Mortgage involved in this foreclosure
action.
7. Pursuant to Pa. R.Civ. P. 1148, Clippinger may not file his counterclaim in this
foreclosure proceeding.
8. The filing by Clippinger of his counterclaim in this action constitutes a failure to
conform to a rule of Court in accordance with Pa. R.Civ. P. 1028(a)(2).
WHEREFORE, the plaintiffs respectfully request that the Court enter an Order
dismissing defendant's counterclaim.
PRELIMINARY OBJECTION #2
FAILURE TO CONFORM TO A RULE OF COURT: PA. R.CIV. P. 1019(h), (1)
9. In his counterclaim, Clippinger does not state whether the alleged employment
agreement is oral or in writing, nor does he attach a copy of a written employment
agreement to his counterclaim.
10. Pa. R.Civ. P. 1019(h) provides that:
"(h) When any claim or defense is based upon an agreement, the pleading shall
state specifically if the agreement is oral or written.
"Note: If the agreement is in writing, it must be attached to the pleading. See
subdivision (i) of this rule.
11. Pa. R.Civ. P. 1019 provides that:
"(i) When any claim or defense is based upon a writing, the pleader shall attach
a copy of the writing, or the material part thereof, but if the writing or copy is not
accessible to the pleader, it is sufficient so to state, together with the reason.
and to set forth the substance in writing."
12. The failure by Clippinger to state whether the alleged employment agreement is
oral or in writing, or to attach a copy of a written employment agreement to his
counterclaim constitutes a failure to conform to a rule of Court in accordance with Pa.
R.Civ. P. 1028(a)(2).
WHEREFORE, the plaintiffs respectfully request that the Court enter an Order
dismissing defendant's counterclaim.
Respectfully submitted,
V. Macaluso
for Plaintiffs Vincent H. Gettel and Shirley
Date: September 10, 2003
Supreme Court I.D.# 38262
P.O. Box 83, Orrstown, PA 17244
(717) 532-4832
CERTIFICATE OF SERVICE
1 hereby certify that on the ?a d of September, 2003, 1 caused to be served a
true and correct copy of the plaintiffs preliminary objections to the counterclaim of
defendant, upon the following individual by first class mail postage prepaid:
Marcus A. McKnight, III, Esq.
60 West Pomfret St.
Carlisle, PA 17013
I further certify that the statements made herein are true and correct, and I
understand that if any false statements were made herein, the same would be
subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn
falsification to authorities.
Dated: September L 2003
s?
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
Vincent H. Gettel and
Shirley Ann Gettel,
Plaintiffs
VS.
Ronald B. Clippinger,
Defendant
(Plaintiff)
(Defendant)
Mortgage
No. 3523 Civil Rarprl nsure 7nna
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's
demurrer to complaint, etc.): plaintiffs' preliminary objections to
defendant's counterclaim. Plaintiffs' supporting memorandum of
law was filed with the Court and served on defense counsel
simultaneously with the preliminary objections.
2. Identify counsel who will argue case:
(a) for plaintiff:
Address:
(b) for defendant:
Address:
Joseph A. Macaluso
P.O. Box 83
Orrstown, PA 17244
Marcus A. McKnight III
60 W. Pomfret St.
Carlisle, PA 17013
3. I will notify all parties in writing within two days that this case has
been listed for argument.
4. Argument Court Date: March 24, 2004
Dated. p f? Plaint ffs up. 826
r
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T
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Vincent H. Gettel and Civil Action
Shirley Ann Gettel, Mortgage Foreclosure
Plaintiffs
V.
Ronald B. Clippinger,
Defendant
No. AD 2003 - 3523
CERTIFICATE OF SERVICE
I hereby certify that on the 26th day of February, 2004, 1 caused to be served a
true and correct copy of the plaintiffs praecipe to list for Argument Court the preliminary
objections of plaintiffs to the counterclaim of defendant in this case, upon the following
individual by first class mail postage prepaid:
Marcus A. McKnight, III, Esq.
60 West Pomfret St.
Carlisle, PA 17013
I further certify that the statements made herein are true and correct, and I
understand that if any false statements were made herein, the same would be
subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn
falsification to authorities.
Dated: February 26, 2004
Court I.D. No. 38262
for Plaintiffs
P.CJ.'Box 83
Orrstown, PA 17244
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
LINDA I. MCCLEARY & JOSEPH D. MCCLEARY, TERM,
HER HUSBAND
-VS- CASE NO: 02-3523
LANCASTER DEVELOPMENT COMPANY AND HIGH
GENERAL CORPORATION
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of GREGORY HIRTZEL, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 01/03/2005
MCS n behalf of -
?*-
GREGOR HI, ZEL, ESV.
Attorn y for DEFENDANT
DE11-536713 7 4 1 6 5- L O 1
C O M M O N W E A L T H OP P E N N S Y L VAN T A
COUNTY OP C U M B E R L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
LINDA I. MCCLEARY & JOSEPH D. MCCLEARY, TERM,
HER HUSBAND
-VS- CASE NO: 02-3523
LANCASTER DEVELOPMENT COMPANY AND HIGH
GENERAL CORPORATION
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
CORVEL CORPORATION EMPLOYMENT
TRAVELERS INSURANCE CO. WORKER COMPENSATION RECORDS
TO: RICHARD A. SADLOCK, ESQ., PLAINTIFF COUNSEL
MCS on behalf of GREGORY HIRTZEL, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 12/14/2004
CC: GREGORY HIRTZEL, ESQ. - 054119379
MCS on behalf of
GREGORY HIRTZEL, ESQ.
Attorney for DEFENDANT
Any questions regarding this matter, contact THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02•-286745 7 4 1 6 5- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF, CUMBERLAND
LINDA I. MCCLEARY & JOSEPH D. MCCLEARY, :
File No. 02-3523
vs.
LANCASTER DEVELOPMENT COMPANY AND HIGH
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for CORVEL CORPORATION
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Group. Inc._ 1601 Market Street. Suite 800. Philadelphia. PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: GREGORY HIRTZEL. ESO.
ADDRESS: 1857 WILLIAM PENN WAY
P.O. BOX 10248
TELEPHONE: (215.) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY THE COURT:
2(? 1 '-? V
Prothonotary,/ , Civil ivision
Date: Deputy
Seal of the Court
74165-01
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CORVEL CORPORATION
5010 RITTER ROAD
SUITE 108
MECHANICSBURG, PA 17055
RE: 74165
LINDA 1. MCCLEARY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Any and all employment records, applications, files, memoranda, compensation,
time and attendance records, personnel records, payroll and salary reports and
all medical records as an employee, including any and all such items as may be
stored in a computer database or otherwise in electronic form, pertaiv-ung to:
Dates Requested: up to and including the present.
Subject : LINDA I. MCCLEARY
Social Security #: 301-52-3362
Date of Birth: 02-24-1947
SU10•-538710 74165-L01
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
LINDA I. MCCLEARY & JOSEPH D. MCCLEARY,
HER HUSBAND
COURT OF COMMON PLEAS
TERM,
-VS-
LANCASTER DEVELOPMENT COMPANY AND HIGH
GENERAL CORPORATION
CASE NO: 02-3523
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of GREGORY HIRTZEL, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 01/03/2005 GREGORY HIRTZEL, ESQ.
Attorney for DEFENDANT
DE11-536714 7 4 1 6 5- L 0 2
C O M M O N W E A L T H OP P E N N S Y:L VAN T A
COUNTY OF CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
LINDA I. MCCLEARY & JOSEPH D. MCCLEARY, TERM,
HER HUSBAND
-VS- CASE NO: 02-3523
LANCASTER DEVELOPMENT COMPANY AND HIGH
GENERAL CORPORATION
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE: 4009.21
CORVEL CORPORATION EMPLOYMENT
TRAVELERS INSURANCE CO. WORKER COMPENSATION RECORDS
TO: RICHARD A. SADLOCK, ESQ., PLAINTIFF COUNSEL
MCS on behalf of GREGORY HIRTZEL, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 12/14/2004
CC: GREGORY HIRTZEL, ESQ. - 054119379
MCS on behalf of
GREGORY HIRTZEL, ESQ.
Attorney for DEFENDANT
Any questions regarding this matter, contact THE MCS GROUP INC.
16,01 MARKET STREET
#8'00
PB[ILADELPHIA, PA 19103
(215) 246-0900
DE02-•286745 7 4 1 6 5- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LINDA I. MCCLEARY & JOSEPH D. MCCLEARY,
vs.
File No. 02-3523
LANCASTER DEVELOPMENT COMPANY AND HIGH
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for TRAVELERS INSURANCE CO.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: GREGORY HIRTZEL. ES
ADDRESS: 1857 WILLIAM PENN W,
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
Date: L, - 9 , 'qa'll
Seal of the Court
Baothonaary? E COURT:
I Mew
P k, Civ Division
Deputy
74165-02
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
TRAVELERS INSURANCE CO.
P.O. BOX 13933
READING, PA 19612
RE: 74165
LINDA I. MCCLEARY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
DATE OF INJURY: 08/28/2000.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire workers compensation file, including but not limited to medical reports
and/or records, claims and all correspondence, documentation supporting
plaintiff's claim, payments including dates of payments, payee and reasons for
payments, including any and all such items as may be stored in a computer
database or otherwise in electronic form, pertaining to:
Dates Requested: up to and including the present.
Subject : LINDA I. MCCLEARY
Social Security #: 301-52-3362
Date of Birth: 02-24-1947
SU10•-538712 743-65-L 02
Tj
VINCENT H. GETTEL IN THE COURT OF COMMON PLEAS OF
And SHIRLEY ANN GETTEL CUMBERLAND COUNTY, PENNSYLVANIA
V.
RONALD B. CLIPPINGER : NO. 2003 - 3523 CIVIL TERM
IN RE: PLAINTIFFS' PRELIMINARY OBJECITONS
TO DEFENDANT'S COUNTERCLAIM
BEFORE BAYLEY, GUIDO, JJ.
ORDER OF COURT
AND NOW, this 8TH day of SEPTEMBER, 2005, after review of the pleadings
and the briefs filed by the parties, and having heard argument thereon, Plaintiffs'
Preliminary Objections to Defendant's Counterclaim are SUSTAINED. Defendant is
granted leave to file an amended counterclaim within twenty (20) days.
Edward E. Guido, J.
P4eph A. Macaluso, Esquire
,1G4arcus A. McKnight, Esquire
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Vincent H. Gettal
and Rbirley Ann Gettal
Plaintiffs
vs Case No. 2001 - 1971
Ronald B. Clippinger
Defendant
Statement of Intention to Proceed
To the Court:
Plaintiffs intends to proceed with the above captioned matter.
Print Name Joseph A. Macaluso Sign Name
Date: 10-7-08 Attorney for\ J? a i n
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
11 Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
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CERTIFICATE OF SERVICE
I hereby certify that on October 7, 2008, 1 caused to be served a true and correct
copy of the notice of intention to proceed with this case, postage prepaid, to the
following individual, by first class mail:
Marcus A. McKnight, 111, Esq.
60 West Pomfret St.
Carlisle, PA 17013
I further certify that the statements made herein are true and correct, and I
understand that if any false statements were made herein, the same would be
subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn
falsification to authorities.
Dated: October 7, 2008
Joseph A. Macaluso
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Vincent H. Gettel and
Shirley Ann Gettel,
Plaintiffs
Civil Action
Mortgage Foreclosure
No. AD 2003 - 3523
V.
Ronald B. Clippinger,
Defendant
PRAECIPE
TO: Cumberland County Prothonotary
Please mark the above-captioned mortgage foreclosure action discontinued, settled,
and ended, as the matter in dispute has been settled among the parties.
Respectfully Submitted,
Dated: December 30, 2008
Joseph A. Macalugo, Esq.
upr me Court I.D. No. 38262
A or ey for Plaintiffs
P.O. ox 83
Orrstown, PA 17244
(717) 532-4832
CERTIFICATE OF SERVICE
I hereby certify that on December 30, 2008, 1 caused to be served a true and correct
copy of the praecipe to discontinue this case, postage prepaid, to the following
individual, by first class mail:
Marcus A. McKnight, III, Esq.
60 West Pomfret St.
Carlisle, PA 17013
I further certify that the statements made herein are true and correct, and I
understand that if any false statements were made herein, the same would be
subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn
falsification to authorities.
Dated: December 30, 2008
Joseph A. Macaluso
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