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Home My WebLink About01-0608PENNSYLVANIA 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 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 yom' 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 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 ID #21 193 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 NOTICIA Le han demandado a usted en la corte. Si usted quiere dcfenderse 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 cn 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 TH1ENE ABOGADO O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUY A DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NICHOLAS & FOREMAN BYBR ' E D~~ FO~ .~S~d!~ 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 1N 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: l. 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 145 D 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 , dated the day of , l 9 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 $92,000.00, dated the l 8th day of December, 1997, and recorded the 18th day of December, 1997, in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book ., at Page __., 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 First from Defendants to Plaintiff has ever 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 due September 1, 2000 and all monthly payments thereafter, despite demand to do the same. 7. Defendants have defaulted in the terms of the Mortgage by failing to make payments to Plaintiff due September I, 2000 and all monthly payments thereafter, despite demand to do the same. 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 $89,248.47, together with a per diem payment required, each day after January 19, 2001, in the amount of $21.08008 dollars per day. 12. The attorney's fees due, as of the date of filing hereof, are in the amount of $4,914.11 plus court costs. WHEREFORE, Plaintiff demands judgment on the aforesaid Mortgage and Second Mortgage against Defendants, jointly and severally, in the amount of $64,162.58, jointly and severally, together with costs and interest from January 19, 2001, at the rate of $21.08008 per diem and demands judgment in foreclosure of the property within described. Respectfully submitted, 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 Pennsylvania State Bank I~'ilih Wa~d of Ibc ~)Ol'Ou~ll (d' Carlisle, Cumbcrlsnd County, Pc~msylv~a, bounded 131"GINNING at an ~'~ort ph~ atot!g the I,m~d~w .or Formerly of Benson L, Bm'rick. lhenue ~dong lhe land~w or formerly .~. ~ey~u~baugh ~d L~el I., I .autsbaugh, Sou~ t 2 ~ W~t a d~lance of ~5 ~o m~ i~ pin; th~ce nJong a 60/but right of way ('~D" Street). No~xh.7g degrees Wa~ a di~/ance of 82 feet t. an iron pin;/hence ~ u J~l~cy ~ly~ North 12 degr~s ~1 a dis~nce of 75 t~vt 1o an iron pin; thence ~long ~e land now or formerly of Benson L. Bmxick. South 78 dc~ree~ l~sl a~ta~eof$2fe~m ~c point of BEGI~INO. ~EING !,~)( number 2. of thc final subdivis'on plnn of John $. Dol~'iek, Uen'sc A. 13twlcus ail¢l .lo~eph M. FJeMari~lo, ss recorded in ~he Cumberland Coumy, I'e~nlsylv,'l~io, Recorder o£ I)eed:l Of,~ce. i.~ Plt~! I~ook 6 l, P~ge 45. RECORDATION' REQ U.E~TED ~, ~ WHEN RECORDED MAIL TO: SEND TAX NOTICES TO: MORTGAGE THIS IS A PURCHASE ~NEY MORTGAGE ~lS MORTGA~ ~ ~ D;~;MR;R ~ l~. ~n RonNd B. CIl~/nger end Nancy K. w~ addreae I~ 351 W. No~ S~ee~ CaHl~e; PA I~13 (refaced ~ ~l~ a~ "GraN~"); e~d ~NNS~VAN~ 145 D Street; C~ ~mug~ C~d Count, Pen~ .~r descried in Exh~lt ~e Real Pr~ or i~ addre~ la ~m~ k~wn aa 145 D Street, CaU~le, PA 1~13. 12o18-1997 Mr~H I UAL~: , ..=, ~ L~Jan No 630~0004 (Continued) NICHOLAS & FOREMAN, P.C. CERTIFICATE OF RESIDENCE SHERIFF'S RETURN - ~ASE NO: 2001-00608 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE BA2qK VS CLIPPINGER RONALD B ET AL REGULAR DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon CLIPPINGER RONALD B DEFENDANT , at 0015:21 HOURS, at 351 WEST NORTH ST CARLISLE, PA 17013 NANCY J. CLIPPINGER a true and attested copy of COMPLAINT - MORT FORE NOTICE the on the 31st day of January by handing to together with 2001 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 31.10 Sworn and Subscribed to before me this ~ day of P~othonotary So Answers: Thomas Kline 02/0i/200i NICHOLAS & FOREMAN Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2001-00608 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA STATE BANK VS CLIPPINGER RONALD B ET AL REGULAR DAWN KELL , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE CLIPPINGER NANCY K DEFENDANT at 0015:21 HOURS, at 351 WEST NORTH ST CARLISLE, PA 17013 NANCY J. CLIPPINGER a true and attested copy of COMPLAINT NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 31st day of January 2001 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of f~~rot~' / A.D. honorary R. Thomas Kline 02/01/2001 NICHOLAS & FOREMAN Deputy Sheriff PENNSYLVANIA STATE BANK, PLAINTIFF RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, DEFENDANTS : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01~608 CIVIL TERM : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendants, Ronald B. Clippinger and Nancy K. Clippinger, in the above captioned case. By: Respectfully submitted, IRWIN, Mc~HT~UGHF, S 6 arcus ~ Mc~i0 ~t~ ~L ~ C~sle, P~sylv~a 17013 (717) 249-2353 A~omey for defmd~, Ron~d B. Clipp~ger ~d N~cy K. Clipp~g~ Date February 12, 2001 PENNSYLVANIA STATE BANK, PLAINTIFF RONALD B. CLIPPINGER and NANCY I~L CLIPPINGER, DEFENDANTS : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-608 CIVIL TERM CUvTL ACTION - LAW : IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Enter Appearance was served upon the following by depositing a true and correct copy of the same in the Un~ted States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Brace D. Foreman, Esquire 4409 North Front Street Harrisburg, PA 17110 Attorney for plaintiff By: IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: February 12, 2001 PI~ECIPE FOR LI~TI~G CASE FOR TRIAJ~ (Must be typewritten ~nd su[~aitted in duplicate) TO THE PNDTHONOTARY OF C~E~ COUNTY Please list the following case: {Check one) ( ) for JURY trial at the next term of civil court. ( X ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) PENNSYLVANIA STATE BANK (Plaintiff) VS. RONALDB. CLIPPINGS/( and NANCY K. CLIPPINGER (Defendant) VS. (check one ) (x) ( ) ( ) Civil Action - Law Appeal frc~aArbitration (other) The trial list will be called on and Pretrials will be held on (Briefs are due 5 days before pretrials. ) (The party listing this case for trial shall provide forthwith a copy of th~ praecipe to all counsel, pursuant to local Rule 214.1. ) No. 608 Civil Term ~ 2001 Indicate the attorney whowill try case for the partywho files this praecipe: Bruce D. Foreman, Esq., Nicholas & Foreman, PC, 4409 N. Front St., Harrisburg, PA 17110 Indicate trial counsel for other parties if known: Marcus A. McKnight, III, Esq., Irwin, McNight & Hughes, 60 W.Pc~ufret St., Carlisle, PA 17013 This case is ready for trial. Date: April 23, 2001 si~d: Print Nsme: Attorney for: Plaintiff PENNSYLVANIA STATE BANK, Plaintiff RONALD B. CLIPPINGER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-0608 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of April, 2001, a pretrial conference in the above matter is scheduled for Thursday, June 21, 2001, at 1:30 p.m., in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Thursday, July 26, 2001, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Bruce D. Foreman, Esq. 4409 N. Front Street Harrisburg, PA 17110 Attorney for Plaintiff Marcus A. McKnight, Esq. 60' W. Pomfret Street Carlisle, PA 17013 Attorney for Defendant BY THE COURT, 2._ :re PENNSYLVANIA STATE : BANK, : Plaintiff : RONALD B. CLIPPINGER and : NANCY CLIPPINGER, : Defendant IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-0608 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 21st day of June, 2001, a pretrial conference having been scheduled for this date, and Plaintiff's counsel in the person of Bruce D. Foreman, Esquire, and Defendants' counsel in the person of Douglas G. Miller, Esquire, having appeared for the conference, and Defendants' counsel having provided to the Court evidence that the Defendants have filed a petition for bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania at No. 1-01-03530, and counsel being in agreement that for the time being the filing of the petition effects a stay in this case, no further action will be taken at this time by this Court. The Court's schedule for Thursday, July 26, 2001, at 9:30 a.m., will remain open for trial in this matter in the event that relief from the stay is obtained by the Plaintiff for purposes of this case. It is noted that counsel have estimated that the duration of trial would not be more than one half day. Bruce D. Foreman, Esquire Attorney for Plaintiff Douglas G. Miller, Esquire Attorney for Defendants srs By the Court, C · Dear JarlS At ti indicated that °PP°rturu'tY to', ~nd will be attentiveness on t )r the bankruptcy M~cu$ . · orgen R. Alan Patton thal, Esq PRAECIPE FOE LISTING CASE FOR TRIAL (Must be typewritten and su~raitted in duplicate) TO THE PN~THONOTARY OF CU~3ERLA~D COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. ( X ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) PENNSYLVANIA STATE BANK (Plaintiff) vs. RONALD B. CLIPPIN~ A~ NANCY K. CLIPPINGER ( Defendant ) vs o (check one) (x) ( ) ( ) Civil Action - Law Appeal fro~Arbitration (other) The trial list will be called on and 2/12/02 Trials cora~ence on 3/11/02 Pretrials will be held on 2/20/02 (Briefs are due 5 days before pretrials.) (The party listing this case for trial sha] provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. No. 608 Civil Term X~ 2001 Indicate the attorney who will try case for the party who files this praecipe: Bruce D. Foreman, E~q., Nicholas & Forem~n, PC, 4409 N. Front St., HBG, PA 17110 Indicate trial counsel for other parties if known: Marcn~.~ A. M~Kn~ght, ITI, Esq.,Irwint N~Night & Hugh~.~, 60 W. Pamfret. St., Carlisle, PA 17013 Douqlas G. Miller, Esq., 60 West Pomfred St., Car]i.~]a, PA 17013 This case is ready for trial. Signed.. ~?i ~~?~_' ~ Print Nar~.- Bruce D. Foreman, Esquire Date: Attorney for: Plaintiff PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sut~nitted in duplicate) TO THE PNOTHONOTARY OF CUMBERLASD COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. ( X ) for trial without a jury. CAPTION OF CASE (entire caption must he stated in full) PENNSYLVANIA STATE BANK (Plaintiff) vs. RONALD B. Cr.TPPINGER AND NANCY K. CLIPPINGER ( Defendant ) ( check one ) (x) ( ) ( ) Civil Action - Law Appeal from Arbitration (other) The trial list will be c~1 ]ed on and 2/12/02 Tri~]~ co~m~-nce on 3/11/02 Pretrials will he held on 2/20/02 (Briefs are due 5 days before pr~tri~l~. ) (The party listing this case for trial ,shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) ' No. 608 Civil Term X~ 2001 Indicate the attorney who will try case for the party wb~ files this praecipe: Bruce D. For~-~n, w.~q., Nichola~ & Foreman, PC, 440q N- Front St., HBG, PA 17110 Indicate trial counsel for other parties if known: M~-cu~ A. McKni~ht, TIT, R~q.,Trwin, MmNigbt & ~]~h~, 60 W. l~-s,f~-et St., f~-]isl~, 17013 Douglas G. Miller. ESG.. 60 West P(x~fred St., ~r]i.~l~, PA 17013 This case is ready for trial. Signed.- ,//~ ~~- _ Print N~me: Bruce D. Foreman, Esquire Date: d/~/~F__ Attorney 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. 01-00608 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE To the Prothonotary: On behalf of the Plaintiff, and with the agreement of the Defendants, please remove the above-captioned case from the Civil Trial List for the March term of Court. Respectfully submitted, Nicholas & Foreman, P.C. Bruce D. Foreman, Esquire Attorney ID 21193 4409 North Front Street Harrisburg, PA 17110 (717) 236-939l Attorneys for Plaintiff PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and su~nitted in duplicate} TO THE PBOTHONOTARY OF CUMBERLAbD COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. ( X ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full ) PENNSYLVANIA STATE BANK (Plaintiff) vs. (Defendant) (check one) (x) ( ) ( ) Civil Action - Law Appeal fr~nArbitration (other) The trial list w~] 1 be called on and 6ltl/02 Trials commence on --. 7Z8/02 Pretrials will be held on _.6/19~02 (Briefs are due 5 days heroine pretri~l.~. ) (The party listing this case for tri=%l provide forthwith a copy of the praecipe to ail counsel, pursuant to local Rule 214.1.) No. 608 Civil Term X~ 2001 Indicate the attorney who will try case for the party wh~ files this praecipe.- Bruce D. Fore,,an, W..~q., Nicho]~ & Foreman, PC, 4409 N. Front St., HBG, PA 17110 Indicate trial counsel for other parties if known: M~-cum A. N~.K~i~bt, ITT, Emq.,Trwint ~%~Nigh~ & ~h~m, 60 W. IRnmfr~.~ .qt., Carlisle, PA 17013 Douglas G. Miller, Es~., 60 ~st Pcmfred St., C~I~f, I:~ 1701~ ' This case is ready for trial. Signed: ~_~_~ .,~.. _ Print Nam~:~,=-F Bruce'- F~rBruc~ U. Foreman~-~-Esquire PENNSYLVANIA STATE BANK, ' IN THE COURT OF COMMON PLEAS OF PLAINTIFF · CUMBERLAND COUNTY, PENNSYLVANIA RONALD B. CLIPPINGER and NANCY K. CLIPPINGER, DEFENDANTS : 01-0608 CIVIL TERM AND NOW, this ORDER OF COURT "3..~"~ day of March, 2002, it is ordered that a bench trial shall be conducted on the within case at 3:00 p.m. on Tuesday, April 16, 2002, in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Bruce D. Foreman, Esquire For Plaintiff Marcus A. McKnight, III, Esquire For Defendants :prs PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and suh,.itted in duplicate) APR ~ 6 ZS01~ TO THE PNOTHONOTARY OF ~RLA~D COUNTY Please list the following case: ( Check one) CAPTION OF CASE (entire caption must be stated in full) ( ) for JURY trial at tb~ next term of civil court. ( X ) for trial without a jury. PENNSYLVANLA STATE BANK (Plaintiff) vs. (~k one) (x) () () RONALD B. CL/PPINGER and NANCY K. CLIPPINC~ The trial list will be called on and TrJ ~!-~ cc~mence on vs. ( Defendant Pretr4~]s will he held on (Briefs are due 5 days before pretrials. ) (The party list/rig this case for trial shall provide forthwith a copy of the praecipe to al] counsel, pursuant to local Rule 214.1.) No. 608 Civil Term ~u~ 2001 Indicate the attorney who will t~y case for the party who files this praecipe: Bruce D. Foreman, Esq., Nicholas & Foreman, PC, 4409 N. Front St., Harrisburg, PA 17110 Indicate trial counsel for other parties if known: Marcus A. McKnight, III, Esq., Irwin, McNight & Hughes, 60 W.Pomfret St., Carlisle, PA 17013 This case is ready for trial. Date: April 23, 2001 Sig~d: Print Name: Attorney for: Bruce D. Foreman, Esquire Plaintiff