HomeMy WebLinkAbout01-0607PENNSYLVANIA STATE BANK,
Plaintiff
RONALD B. CLIPPINGER and
NANCY K. CLIPPINGER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. Ot- o
:
: CIVIL ACTION - LAW
1N MORTGAGE FORECLOSURE
NOTICE
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 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 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, PA 17013
(717) 249-3166
NICHOLAS & FOREMAN /~
By BRUC~D. FO~~'[ ?
4409 North Front Street
Harrisburg, PA 17110
(717) 236-939l
ID #21193
Attorneys for Plaintiff
PENNSYLVANIA STATE BANK,
Plaimiff
RONALD B. CLIPPINGER and
NANCY K. CLIPPINGER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de
la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en
contra de su personal. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDATAMENTE. SI NO THIENE
ABOGADO O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
AS1STENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
NICHOLAS & FOREMr~
BYBRu~~----~
4409 North Front Street
Harrisburg, PA 17110
(717) 236-9391
ID #21193
Attorneys for Plaintiff
PENNSYLVANIA STATE BANK,
Plaintiff
RONALD B. CLIPPINGER and
NANCY K. CLIPPINGER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
COMPLAINT
AND NOW, comes the above-named Plaintiff, PENNSYLVANIA STATE BANK, by its
attorneys, NICHOLAS & FOREMAN, and brings this action in Mortgage Foreclosure and
assigns the following reasons therefore:
1. The Plaintiff, PENNSYLVANIA STATE BANK, is organized under the laws of the
Commonwealth of Pennsylvania, with principal offices located at 214 Market Street, Borough of
Camp Hill, Cumberland County, Pennsylvania 171001-0487.
2. The Defendants, RONALD B. CLIPPINGER and NANCY A. CLIPPINGER,
husband and wife, are adult individuals, residing at 351 West North Street, Carlisle, County of
Cumberland, Pennsylvania 17013-2220.
3. Defendants are the owners of a commercial property located 802 Pitt Street,
Borough of Carlisle, Cumberland County, Pennsylvania, more fully described in Exhibit "A"
attached hereto and made a part hereof; Defendants having obtained said property by deed from
John S. Detrick and Denise A Detrick, dated the day of
19 and recorded the __. day of , 19 , in the Office of the Recorder
of Deeds of Cumberland County in Deed Book , Page ., which document is
incorporated herein by reference.
4. By Mortgage in the original amount of $123,000.00, dated the 13th day of February,
1998, and recorded the 20th day of February, 1998, in the Office of the Recorder of Deeds of
Cumberland County in Mortgage Book 1432, at Page 998, Defendants obligated them to make
certain payments to Plaintiff. A true and correct copy of the said Mortgage is attached hereto,
labeled Exhibit "B" and made a part hereof.
5. The said Mortgage from Defendants to Plaintiff has never been assigned.
6. The Defendants are the sole owners of the aforesaid premises.
7. Defendants have defaulted in the terms of the Mortgage by failing to make
payments to Plaintiff required despite demand to do so and failing to make payments on the first
mortgage on the property.
8. Under the terms of the said Mortgage, in the event of such default, Plaintiff may, at
its option, and hereby does, demand and require immediate payment of all amounts due under
the Mortgage.
9. Under the terms of the said Mortgage, in addition to payments of principal and
interest, Plaintiff is entitled to reasonable fees and costs incurred in collection.
10. No Notice of Intent to Foreclose is required from Plaintiff to Defendants in the
aforesaid loan is a Commercial Mortgage and not a Residential Mortgage.
11. The balance due under the said Mortgage from Defendants to Plaintiff as of January
19, 2001 is in the amount of $106,052.50, together with a per diem payment required, each day
after January 19, 2001, in the amount of $26.82188 dollars per day.
12. The attorney's fees due, as of the date of filing hereof, are in the amount of
$4,462.43 plus court costs.
WHEREFORE, Plaintiff demands judgment on the aforesaid Mortgage against
Defendants, jointly and severally, in the amount of $93,710.90, jointly and severally, together
with costs and interest from January 19, 2001, at the rate of $26.82188 per diem and demands
judgment in foreclosure of the property within described.
Respectfully submitted,
NICHOL)S & FOREMa~,dS1;~
4409 North Front Street
Harrisburg, PA 17110
(717) 236-9391
ID #21193
Attorneys for Plaintiff
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Dated:
By Pennsylvania State Bank
ALL that. ca-taM lot or piece of ground with the improvements thereon erected situate in
the Fifth Ward of the Borough of Carlisle, Cumberland .County, Pennsylvania, bounded and
described as follows:
BEGINNING at an iron pin on the western side of a nine (9) feet ~oncrete sidewalk on
North Pitt Street at the dividing line_of Lot No. I of. the hereinafter mentioned Subdivision Plan
and lands now or formerly of Benson L. Barrick; thence North. 78 degrees 00 minutes West, a
distance of 97.00_ feet to a point at the dividing lin~ of Lot No. 2; thence youth 12 degrees O0
minutes West and passing through an iron pin set one (l.00) foot from the northern corner of
Lots ] and 2, a distarxc~ vf:75-~.feet.to.arriron~pinvn th~ntaeahea~side:of a six (6) feet concrete
sidewalk on "D" Street; thence South 78 degrees 00 minutes East, a distance,of 97 feet to an iron
pin on the said western side of a nine (9)-feet concrete sidewalk on-North Pitt Street; thence
North 12 degrees- OCt minutes East, a distance of 75.00 feet to an i,-t,g pin, the Place of
BEGINNING.
BEING Lot No~ I of the Final Subdivision Plan for John S, Derrick, Denise A. Barrkus
now Derrick and Joseph M. DeMarino, as recorded in Plan Book 61, Page 45.
BEING the same premise~ which John S. Derrick ,_,ti Deuise ~ ~e~iek, his wife ~d
~oseph M. DeM~ino, g~ted ~d eonv~ed ~to Ronald B. Clipp~ger ~d N~ey K.
Clippinger, his wif~ ~gagors ~ b~ ~doted ~1998 ~d recorded in
the Office of the R~order of Deeds for Cumberl~d County in Deed Book , Page
EXHIBIT
RECORDATION I~[QUES'~D BY:
WHEN RECORDED MAIL TD:
SEND TAX NOTICES TO:
MORTGAGE
THI~ IS A PUR~ MONEY MORTGAGE
THIS MORTGAGE IS DATED FEBRUARy 13, 1998. belWeen R~nald E, CIIpplnger and Nancy K. C]lpplnger,
whae, e ad.ess Is 351 W. N01-I~ Street, Ca. lille, PA' 17013'(feterred tO below Iil'"G~nler"); and PENNSYLVANIA
STATE BANK, whoIe address la I Norlh H~moVer Street, CaHle~e,'PA 17~13 (refe~l to Below aa "Lender").
in Cum~rland Coup, ~ ef Peo~vaflla (~e "Re~ Prep~tv"):
Loan No 63900020. (ConfJn~ed)
CERTI'FICATE OF RESIDENCE
COIVI~I..AI NT REI NSTATEp~
.................... PROTHONOTXR~
PENNSYLVANIA STATE BANK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 2001-00607
:
: CIVIL ACTION - LAW
:
:
: IN MORTGAGE FORECLOSURE
RONALD B. CLIPP1NGER and
NANCY K. CLIPPINGER,
Defendants
PRAECIPE
To the Prothonotary:
Please reinstate the Complaint in the above-captioned matter.
By:
Nicholas & Foreman, P.C.
Foremari, l~squir
Attorney ID 21193
4409 North Front Street
Harrisburg, PA 17110
(717) 236-9391
Attorneys for Plaintiff
PENNSYLVANIA STATE BANK,
Plaintiff
RONALD B. CLIPPINGER and
NANCY K. CLIPP1NGER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN MORTGAGE FO1LECLOSURE
NOTICE
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 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 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, PA 17013
(717) 249-3166
By BRUC4E D~ FOREMAN, F~SQUIRE
4409 North Front Street
Harrisburg, PA 17110
(717) 236-9391
ID #21193
Attorneys for Plaintiff
PENNSYLVANIA STATE BANK,
Plaintiff
RONALD B. CLIPPINGER and
NANCY K. CLIPP1NGER,
Defendants
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
:
: CIVIL ACTION - LAW
: IN MORTGAGE FORECLOSURE
NOTICIA
Le han demandado a usted en la corte. Si usted quiere de£enderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de
la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en
contra de su personal. Sea avisado qu¢ si usted no se defiende, la corte tomara medidas y puede
entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDATAMENTE. SI NO THIENE
ABOGADO O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVER1GUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
NICHOLAS & FOREM~
BYBRuC~S~~'
4409 North Front Street
Harrisburg, PA 17110
(717) 236-9391
ID #21193
Attorneys for Plaintiff
PENNSYLVANIA STATE BANK,
Plaintiff
RONALD B, CLIPPINGER and
NANCY K. CLIPPINGER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
1N MORTGAGE FORECLOSURE
COMPLAiNT
AND NOW, comes the above-named Plaintiff, PENNSYLVANIA STATE BANK, by its
attorneys, NICHOLAS & FOREMAN, and brings this action in Mortgage Foreclosure and
assigns the following reasons therefore:
1. The Plaintiff, PENNSYLVANIA STATE BANK, is organized under the laws of the
Commonwealth of Pennsylvania, with principal offices located at 214 Market Street, Borough of
Camp Hill, Cumberland County, Pennsylvania 171001-0487.
2. The Defendants, RONALD B. CLIPPINGER and NANCY A. CLIPPiNGER,
husband and wife, are adult individuals, residing at 351 West North Street, Carlisle, County of
Cumberland, Pennsylvania 17013-2220.
3. Defendants are the owners of a commercial property located 802 Pitt Street,
Borough of Carlisle, Cumberland County, Pennsylvania, more fully described in Exhibit "A"
attached hereto and made a part hereof; Defendants having obtained said property by deed from
John S. Detrick and Denise A Detrick, dated the __ day of
19 and recorded the __ day of , 19 , in the Office of the Recorder
of Deeds of Cumberland County in Deed Book ., Page ., which document is
incorporated herein by reference.
4. By Mortgage in the original amount of $123,000.00, dated the 13th day of February,
1998, and recorded the 20th day of February, 1998, in the Office of the Recorder of Deeds of
Cumberland County in Mortgage Book 1432, at Page 998, Defendants obligated them to make
certain payments to Plaintiff. A tree and correct copy of the said Mortgage is attached hereto,
labeled Exhibit "B" and made a part hereof.
5. The said Mortgage from Defendants to Plaintiff has never been assigned.
6. The Defendants are the sole owners of the aforesaid premises.
7. Defendants have defaulted in the terms of the Mortgage by failing to make
payments to Plaintiff required despite demand to do so and failing to make payments on the first
mortgage on the property.
8. Under the terms of the said Mortgage, in the event of such default, Plaintiff may, at
its option, and hereby does, demand and require immediate payment of all amounts due under
the Mortgage.
9. Under the terms of the said Mortgage, in addition to payments of principal and
interest, Plaintiff is entitled to reasonable fees and costs incurred in collection.
10. No Notice of Intent to Foreclose is required from Plaintiff to Defendants in the
aforesaid loan is a Commercial Mortgage and not a Residential Mortgage.
11. The balance due under the said Mortgage from Defendants to Plaintiff as of January
19, 2001 is in the amount of $106,052.50, together with a per diem payment required, each day
after January 19, 2001, in the amount of $26.82188 dollars per day.
12. The attorney's fees due, as of the date of filing hereof, are in the amount of
$4,462.43 plus court costs.
WHEREFORE, Plaintiff demands judgment on the aforesaid Mortgage against
Defendants, jointly and severally, in the amount of $93,710.90, jointly and severally, together
with costs and interest from January 19, 2001, at the rate of $26.82188 per diem and demands
judgment in foreclosure of the property within described.
Respectfully submitted,
NICHOL)S & FOREMa~;~D>
BBY~I~CE "D?~F~~. ESQUIRE
4409 North Front Street
Harrisburg, PA 17110
(717) 236~9391
ID #21193
Attorneys for Plaintiff
VER/FICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Dated:
By Permsylvania State Bank
ALL that. certain lo~ or piece of ground wiUh the improvement~ tlaereon erected situate in
the Fifth Ward of the Borough of Carlisle, Cumberland County, ?ermsylvania, bounded and
described as follows:
BEGINNING at an iron pin on the western side of a nine (9) feet concrete sidewalk on
North Pitt Street at thedividing line-of Lot No. 1 of. the hereinafter mentioned Subdivision Plan
and lands now or formerly of Benson L. Barrick; thence North.7$ degrees 00 minutes West. a
distance of 97~00_ fret to a point at the dividing, line of .Lot No. 2;. thence ~outh 12 degrees 00
minutes West and passing through an iron pin set one (1.00) foot from the notahem comer of
Lots 1 and 2, a d/~ta~c* c~-~5.0Ofaet-.tcran_kon pin-tm th~sldc~of ~ six (6) feet concrete
sidewalk on "D" Street; thence South 78 degrees 00 minutes East, a distance;of 97 feet to an iron
pin on the said western side of a nine (9)' feet concrete ~idewalk orrNorth Pitt Street; thence
North 12 degrees- 00 minutes East, a distance of 75.1X)_ feet_ to_ a~: ir.~, pin, the Place of
BEGINNING.
BEING Lot No, t of the Final Subdivision. Plan for John ~ Derrick, Denise A. Barrkus
now Dethck and Joseph M. DeMarino, as recorded in Plan Book 61, Page 45.
BEING th, same- pre. mis~ uthich John $. Detriclc and. Denise- A- I~etrick, his wife and
Joseph M. DeMarino, granted and conveyed unto Ronald B. Clippinger and Nancy K.
Clippinger, his ,~ife, Mortgagors hexeiar by- dre&&~r~'d ,.1998 and recorded in
the Office of the Recorder of Deeds for Cumberland County in Deed Book , Page
EX}IIBIT "A!'
WHEN RECORDED MA]L TO:
~ENO TAX NOTICES TO:
MORTGAGE
THI~ I~A PURCHASE MONEY MORTGAGE.
THIS MORTGAGE i~ OATED FEBRUARY 1,~, 199B, between R~nald B. Clipplnger and Nancy K. CIIpplnger,
· 1 N0rt~ Sheet Carlisle, PA' 17013'(telerred to I)elow as""Or~nlor~); and PENNSYI..V, ANSA
ss Is I No~h Hanover street, Carlisle, PA 17013 (refi~e~ to t~elow as ~tender' ).
i~ C~rl~nd Co~, ~ of penney[vanle (the "ReM Pro.fly"):
802 N. Pitt Slree~ ~c'J:h, ~ ~'~, ~a~a ~further deee~bed in ~hibit
EXHIBIT
02:-1:~~1 gg8 MORTC_.~.AGE~
Loan No G~2B (Continued)
0~13-1998 MOR~GAG E~ Page
LOan NO 63000020 (conUnued)
CERTIFtC'ATE OF RESIDENCE
SHERIFF,'S RETURN - REGULAR
CASE NO: 2001-00607 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENNSYLVANIA STATE BANK
VS
CLIPPINGER RONALD B ET AL
CPL. TIMOTHY REITZ ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT
CLIPPINGER NANCY K
DEFENDANT , at 0016:14
at 351 WEST NORTH STREET
CARLISLE, PA 17013-2220
RONALD B. CLIPPINGER
a true and attested copy of
REINSTATED WITH NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to
- MORT FORE was served upon
HOURS, on the 30th day of March
by handing to
COMPLAINT - MORT FORE
law,
the
2001
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6
Service
Affidavit
Surcharge 10
16
00
00
00
00
00
00
Sworn and Subscribed to before
me this //~--- day of
/'~ ~.2z~/ A.D.
~ Frothonot ary
So Answers:
R. T~omas Kline~~-~'~'~
04/02/2001
NICHOLAS & FOREMAN
SHERIFf~
NO: 2001-00607 P
TWEALTH OF PENNSYLVANIA:
OF CUMBERLAND
YLVANIA STATE BANK
VS
CLIPPINGER RONALD B ET AL
RNTURN - REGULAR
CPL. TIMOTHY REITZ
Cun~erland County, Pennsylvania
says, the within COMPLAINT - MORT FORE
CLIPPINGER RONALD B
DEFENDANT at 0016:14
at 351 WEST NORTH STREET
CALRISLE, PA 17013-2220
RONALD B. CLIPPINGER
a true and attested copy of COMPLAINT - MORT FORE
REINSTATED WITH NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to
was served upon
HOURS, on the 30th day of March
by handing to
the
together with
law,
, 2001
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18
Service 3
Affidavit
Surcharge 10
31
00
10
00
00
00
10
Sworn and Subscribed to before
me this /7~ day of
%~ho no~ a~~
So Answers:
R. Thomas Kline
04/02/2001
NICHOLAS & FOREMAN, P.C.
By: ' '" ~