HomeMy WebLinkAbout09-5883Robert D. Kodak, Esquire
Supreme Court I.D. 18041
KODAK & IMBLUM, P.C.
Post Office Box 11848
407 North Front Street
Harrisburg, PA 17108-1848
717-238-7159 Fax: 717-238-7158
email: robert.kodak@kodak-imblum.com
Attorney for Plaintiff
CORNERSTONE FEDERAL CREDIT IN THE COURT OF COMMON PLEAS
UNION
V.
DAWN M. SHUGHART
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 69-588.3
: CIVIL DIVISION - LAW
Defendant : IN MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
CORNERSTONE FEDERAL CREDIT
UNION
Plaintiff
V.
DAWN M. SHUGHART
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09- -5'9'P3 7 c,,,
CIVIL DIVISION -LAW
IN MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
The Plaintiff, Cornerstone Federal Credit Union, by its attorneys, Kodak & Imblum, P.C.,
brings this action of Assumpsit against the Defendant, Dawn M. Shughart, to recover the sum of
Two Hundred Seventy-Eight Thousand, Nine Hundred Fifteen Dollars and Fifty-Two Cents
($27$,915.52), along with interest thereon at the rate of Seven and Three-Quarters (7.75%) Percent
per annum from August 17, 2009, upon a cause of action of which the following is a statement:
1. The Plaintiff, Cornerstone Federal Credit Union, is a federally chartered financial
institution organized and existing under Federal laws, having its principal office and place of
business at 5 East Gate Drive, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant, DAWN M. SHUGHART, is an adult individual with her last known
addresses at % Opera Restaurant, 613 Duval Street, Key West, Florida 33040 and % Kai-Kai
Key West, 910 Duval Street, Key West, Florida 33040.
4. On or about October 11, 2005, Defendant did apply to Plaintiff for a commercial loan.
A true and correct copy of said Application is attached hereto, marked as Exhibit "A" and made a
part hereof.
5. On or about October 11, 2005, in order to secure the loan applied for as aforesaid,
Defendant did execute a Mortgage securing property as referenced in Record Book 261, Page 4681,
in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, and further
known as Tax Parcel No. 27-20-1756-081, 69 East Main Street, Newville, Cumberland County,
Pennsylvania, to Plaintiff, in the amount of Two Hundred Sixteen Thousand ($216,000.00) Dollars,
with interest thereon as set forth hereinafter. A true and correct copy of said Mortgage is attached
hereto, marked as Exhibit "B" and made a part hereof.
6. In order to further secure said loan, on or about October 11, 2005, Defendant did
additionally execute a Commercial Loan Agreement in the amount of Two Hundred Sixteen
Thousand ($216,000.00) Dollars. A true and correct copy of said Commercial Loan Agreement is
attached hereto, marked as Exhibit "C" and made a part hereof.
F:\USER\BONNIEJO\FORECL\WORK\Cmrstone-Shughart\compl.wpd:25AugO9 2
7. In order to further secure said loan, on or about October 11, 2005, Defendant did
additionally execute a Commercial Security Agreement in the amount of Two Hundred Sixteen
Thousand ($216,000.00) Dollars. A true and correct copy of said Commercial Security Agreement
is attached hereto, marked as Exhibit "D" and made a part hereof.
8. Further securing the loan from Plaintiff to Defendant is the Commercial Promissory
Note signed by Defendant on October 11, 2005, in the amount of Two Hundred Sixteen Thousand
($216,000.00) Dollars, a true and correct copy of which is attached hereto, marked as Exhibit "E"
and made a part hereof.
9. Defendant has defaulted on the payment terms of the aforesaid Mortgage and Note,
and is indebted to Plaintiff in the principal amount of Two Hundred Fourteen Thousand, One
Hundred Forty-Nine Dollars and Twenty-Seven Cents ($214,149.27), as evidenced by Plaintiff's
Statement of Account attached hereto, marked as Exhibit "F" and made a part hereof.
10. Due to Defendant's default in the payment terms as aforesaid, interest has been
accruing to the amount of Thirteen Thousand, Seven Hundred Thirty-Four Dollars and Three Cents
($13,734.03) (see Exhibit "F" attached hereto and made a part hereof), and continues to accrue, at
the rate of Seven and Three-Quarters (7.75%) Percent per annum from August 17, 2009.
F:\USER\BONNIEJO\FORECL\WORK\Crnrstone-Shughart\compl.wpd:25AugO9
11. Due to Defendant's default in the payment terms as aforesaid, she is liable for late
fees and miscellaneous charges caused by said delinquency in the amount of Fourteen Thousand, Six
Hundred Fifty-One Dollars and Ninety-Four Cents ($14,651.94), as set forth on Plaintiff s Statement
attached hereto as Exhibit "F" and made a part hereof.
12. Due to Defendant's default, and pursuant to the terms and conditions contained in the
documentation referenced herein as Exhibits "B," "C" and "F" and made a part hereof, Defendant
is further liable for attorney's fees in the amount of Thirty-Six Thousand, Three Hundred Eighty
Dollars and Twenty-Nine Cents ($36,380.29), which have been added to said account.
13. The balance due and owing by Defendant to Plaintiff is the sum of Two Hundred
Seventy-Eight Thousand, Nine Hundred Fifteen Dollars and Fifty-Two Cents ($278,915.52), plus
interest at Seven and Three-Quarters (7.75%) Percent per annum from August 17, 2009. hereof.
14. The subject property of this foreclosure action is a commercial property, therefore,
no Act 91 Notices are required to be provided to Defendant.
15. Plaintiff has frequently demanded payment from Defendant of said amount due and
owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said
amount of any part thereof.
F:\USER\BONNIEJO\FORECL\WORK\Crnrstone-Shughart\compl.wpd:25Augo9 4
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of Two Hundred
Seventy-Eight Thousand, Nine Hundred Fifteen Dollars and Fifty-Two Cents ($278,915.52), along
with interest thereon at the rate of Seven and Three-Quarters (7.75%) Percent per annum from
August 17, 2009.
Respectfully submitted,
KODAK & IMBLUM, P.C.
Robert D. Kodak
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER\BONNIEJO\FORECL\WORK\Crnrstone-Shughart\compl.wpd:25AugO9 5
CU-CA-9
TO PROCESS THIS APPLICATION, ALL REQUESTED INFORMATION MUST BE PROVIDED
MEMBER BUSINESS CREDIT APPLICATION
New Request Renewal Modification
omnanv Legal Name: 7)At tK/ 0 /fY_SdG:.f -r4 t I 'relepttone lvumocr. 7/7
ompany Address: , J,-V/ 6 City: Cow/ Y/, C- Zip: 17,0/ 3
ompany Mailing Address: ?S City: State: Zip:
re Facilities Owned or Leased: Lg?r',A Monthly Payment: $ Years in Business: i
ax ID Number: Type of Business (NAIC : Gross Annual Sales: $
Business Structure: JXJ Proprietor
imtted Liability Corp/Comp.
Partnership -Corporation C-Corporation FTL
.ow much would you like to borrow an w are the requested repayment terms?: $ Q Term:
.ow are you using these funds :
/hat is your collateral and its estimated value?:
ame y i?/r/ aGN T
Title
-Percentage o Ownership
YL U A v
MITME MW
ender
ype o Current a ance
Loan
Monthly Payment
Secured
. s a
s $
s
$
$ $
MWE11W HOME Totals: $ $
ny unsettled lawsuits, judgments or disputes?: Yes No
'yes, what and why:
ankruptcy ever filed by businessT Yes No If yes, when?:
.ny outstanding tax obligations?: es No I yes, why?:
ervice es o If yes, Name of Provider:
hecking Account Balance: $
avings Account Balance: $
ash Management
ther
his Credit Union may check credit and trade roterences in reviewing mis appaeation, ana aisciose mrormanon aooui its creun eapcnw,M w,u. apyuLaUR,
authorized by law. This Credit Union may also check the personal credit history of the principal owner(s) and/or key individual(s). In addition to the
formation requested on this application, this Credit Union may subsequently request additional information from the applicant. Applicant authorizes
e Credit Union to disclose this information contained In this application, any credit report and personal financial information with the Credit
Won's Servicer solely for the purposes of underwriting this loan. Applicant authorizes the Credit Union to obtain a Business Credit Report
:rough its Servlcer.
As an authorized agent of the applicant company, I have stated that everything in the application and ,
information submitted along with the application is true. I (we) agree that this Credit Union may provide
information aabout me (us) or my (our) account to others.
t1 f ttin 'Q C-e.ho wri Ar) _C h?? 6ivker nagv 10
Authorized Signtune (Must be-an O Officer of Company) Printed Name 'Title Date
Authorize Signature (Must bean Officer o Company Printed Name Title Date
t
X73
PREPARED BY: Roxane L. Kain
ut_ i OF DEEDS..
f
`uS OCT 14 P111 3 37
WHEN RECORDED, MAILTO: Cornerstone Federal Credit Union
P.O. Box 1181
Carlisle, PA 17013
UNIFORM PARCEL IDENTIFIER: 27-20-1756-081
PREMISES: 69 E. Main Street, Newville, PA 17241
MORTGAGE
THIS MORTGAGE is made this 1 lth day of October
2005 , between the Mortgagor, Dawn M ShuQhart by Melissa Penner, her Agent
(herein "Borrower"), and the Mortgagee, Cornerstone Federal Credit
Union , a corporation organized and
existing under the.laws of The United States of America
whose address is 5 East Gate Drive, P.O. Box 8 , Carlisle, PA 17013
(herein "Lender").
WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 216 , 000.00
which indebtedness is evidenced by Borrower's note dated October 11. 2005 and extensions and renewals
thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness,
if not sooner paid, due and payable on October 1 1 , 2010 ;
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment
of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the
performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and
convey to Lender the following described property located in the County of Cumberland
State of Pennsylvania:
See Attached Legal Description
which has the address of 69 E. Main Street Newville
[street] [city]
Pennsylvania 17241 (herein "Property Address");
[Zip Code]
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this
Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a
leasehold) are hereinafter referred to as the "Property."
PAGE 1
BK1927PG0131 [
EPA21C
.__ ..c
Legal Description
ALL THAT CERTAIN tract or parcel of land situate in the Borough of
Newville, County of Cumberland and State of P*=Sylvania, more
particularly bounded and described as follows, to wit:
BEGINNING on the south of East Main Street; on the east by lot of
ground formerly of Elmer vacoby, now or formerly of Earl Swartz; on
the north by Cove Alley; and on the west by lot of ground formerly of
E.K.•Bowman, now or formerly of Leo Wieewall; containing So feet, more
or less, in front on said East Main Street, and extending in depth 180
feet, more or less, to said Cove Alley.
BEING THE SAME PREMISES which Diehl & Durham Rentals, a
Pennsylvania partnership, conveyed unto Dawn M. Shughart, married
woman by deed dated March 1, 2004 and recorded March 2, 2004 in the
Recorder's Office in and for Cumberland County, Pa. in Record Book
261, Page 4661.
I`
-- 2
covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower
covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands,
subject to encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest
indebtedness evidenced by the Note and late charges as provided in the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full,
a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned
unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property,
if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium
installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the
basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such
payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or
deed of trust if such holder is an institutional Lender.
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are
insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall
apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so
holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless
Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and
Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to
Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be
required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an
annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the
Funds was made. The Funds are pledged as additional security for the sums secured b this Mortgage.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior
to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to
pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at
Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the
amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground
rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more
payments as Lender may require.
Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds
held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender
shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by
Lender at the time of application as a credit against the sums secured by this Mortgage.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by
Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations
under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage,
including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes,
assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this
Mortgage, and leasehold payments or ground rents, if any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage", flood and such other hazards as
Lender may require and in such amounts and for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender;
provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be
in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to
Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage,
deed of trust or other security agreement with a lien which has priority over this Mortgage.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower.
PAGE 2
(?, ? ? F-I
7 1?'?
. __ . a
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date
notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender
is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the
Property or to the sums secured by this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments.
Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of
the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is
on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under
the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and
regulations of the condominium or planned unit development, and constituent documents.
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this
Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then
Lender, at Lenders option, upon notice to Borrower, may make such appearances, disburse such sums, including
reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage
insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to
maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with
Borrower's and Lender's written agreement or applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall
become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other
terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof'.
Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder.
8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property,
provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor
related to Lender's interest in the Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement
with a lien which has priority over this Mortgage.
10. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not
operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall
not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise
modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and
Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise
afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements
herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and
Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and
several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only
to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b)
is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder
may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or
the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that
Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to
Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail
addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender
as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to
such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the
jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this
Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such
conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting
provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein,
"costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein.
PAGE 3
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time
of execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home
rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at
Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment
of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in
connection with improvements made to the Property.
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest
in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums
secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law
as of the date of this Mortgage.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums
secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke
any remedies permitted by this Mortgage without further notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower In this Mortgage,
including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall glve
notice to Borrower as provided by applicable law specifying, among other things: (1) the breach; (2) the action required
to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such
breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result
in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The
notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure
proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the
breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the
sums secured by this Mortgage to be immediately due and payable. without further demand and may foreclose this
Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure,
including, but not limited to, reasonable attorneys' fees, and cost of documentary evidence, abstracts and title reports.
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due
to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage
discontinued at any time prior to at least one hour before the commencement of bidding at a sheriff's sale or other sale
pursuant to this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the
Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower
contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and
agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17
hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may
reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to
pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this
Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.
19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder,
Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under
paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due
and payable.
Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by
judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect
the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to
payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's
fees, premiums on receiver's bond and reasonable attorneys' fees, and then to the sums secured by this Mortgage.
Lender and the receiver shall be liable to account only for those rents actually received.
20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage.
Borrower shall pay all costs of recordation, if any. Lender may charge Borrower a fee for releasing this Mortgage, if
permitted by applicable law.
21. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on
the Note or in an action of mortgage foreclosure shall be the rate stated in the Note.
PAGE 4
1.41
-1 .4
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which
has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage,
of any default under the superior encumbrance and of any sale or other foreclosure action.
IN WITNESS WHEREOF, Borrower has executed this Mortgage.
Witness:
(Seal)
Dawn M. Sh ghart -Borrower
By Melissa Penner her Agent (Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Sign Original Only)
I hereby certify that the precise address of the Lender (Mortgagee) is: 5 East Gate Drive, P.O.
Box 1181, Carlisle, PA 17013
On be4alf of the Lender.
By:-T")UX9v4n=:.. -T M11? i-± Title: Director - Lending Services
oxane ain
COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss:
On this, the 11th day of October , 2005 , before me,
Bonnie Jo Deitch the undersigned officer, personally appeared
Dawn M. Shughart, by Melissa Penner, her Agent
known to me (or satisfactorily proven) to be the person(s) whose name is subscribed to the within
instrument and acknowledged that she executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and off' ' seal.
My Commission expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
emnle Jo Deitch, Notary Public
Harq)don ?, Cur tviend County Title of Officer
tlk L e Reserved For Lender and Recorder)
Membr, Pennsylvania Association of Notades
PAGE 5
ALL THAT CERTAIN tract or parcel of land situate in the Borough of
Newville, County of Cumberland and State of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING on the south of East Main Street; on the east by lot of
ground formerly of Elmer Jacoby, now or formerly of Earl Swartz; on
the north by Cove Alley; and on the west by lot of ground formerly of
E.K. Bowman, now or formerly of Leo Wisewall; containing 80 feet, more
or less, in front on said East Main Street, and extending in depth 180
feet, more or less, to said Cove Alley.
)BROWER NAME AND ADDRESS
awn M. Shughart
Farm Lane
arlisle, PA 17013
LENDER NAME, AND ADDRESS
Cornerstone Federal Credit Union
5 East Gate Drive
P.O. Box 1181
Carlialt, PA 17013
Refer to the attached Signature Addendum, incorporated herein, for additional Borrowers and their signatures.
LOAN DESCRIPTION
Number 10200-04
Amount $ 216,000.00
Date October 11, 2005
)AN STRUCTURE. This Commercial Loan Agreement (Agreement) contemplates ® a single advance term Loan ? a multiple advance draw Loan ? a revolving
iltiple advance draw Loan. The principal balatice will not exceed $ 2 16 , 000 DO Borrower will pay down a revolving draw Loan's outstanding
incipal to $ (Pay Down Balance) (Time Period). This Loan is
? agricultural ® business purposes.
Borrower may not voluntarily prepay the Loan in full at any time. KI Borrower may prepay the Loan under the following terms and conditions (Any partial prepayment
11 not excuse any later scheduled payments until the Loan is paid in full.): Prepayment penalty - NONE
LATE CHARGES. If a payment is made more than 15 days after it is due, Borrower will pay a late charge of 5% of the unpaid
portion of payment
MS. Borrower agrees to pay the following fees in connection with this Loan at closing or as otherwise requested by Lender:
See attached Settlement Statement
','QUESTS FOR ADVANCES. Borrower authorizes Lender to honor a request for an advance from Borrower or any person authorized by Borrower. The requests for an
vane must be in writing, by telephone, or any other manner agreed upon by Borrower and Lender, and must specify the requested amount and date and be accompanied with
y agreements, documents, and instruments that Lender requires for the Loan. Lender will make same day advances, on any day that Lender is open for business, when the
luest is received before (Advance Cut-Off Time). Lender will disburse the advance into
urower's demand deposit account (if any), account number or in any other agreed upon manner. All advances will be
rde in United States dollars.
? These requests must be made by at least (Number Required To Draw) persons, acting together, of those persons authorized to act on Borrower's behalf.
? Advances will be made in the amount of at least $ (Minimum Amount Of Advance).
? Advances will be made no more frequently than (Minimum Frequency Of Advance).
? Discretionary Advances. Lender will make all Loan advances at Lender's sole discretion.
? Obligatory Advances. Lender will make all Loan advances subject to this Agreement's terms and conditions.
NANCIAL INFORMATION. Borrower will prepare and maintain Borrower's financial records using consistently applied generally accepted accounting principles then in
'ect. Borrower will provide Lender with financial information in a form acceptable to Lender and under the following terms.
A. Frequency. Annually, Borrower will provide to Lender Borrower's financial statements, tax returns, annual internal audit reports or those prepared by independent
accountants within 120 days after the close of each fiscal year. Any annual financial statements that Borrower provides will be
El audited statements. El reviewed statements. r'q [ 3 compiled statements.
® Borrower will provide Lender with interim financial reports on a Semi-Annual (Monthly, Quarterly) basis, and within 30 days
after the close of this business period. Interim financial statements will be ? audited ? reviewed ® compiled statements.
B. Requested Information. Borrower will provide Lender with any other information about Borrower's operations, financial affairs and condition within
30 days after Lender's request.
? C. Leverage Ratio. Borrower will maintain at all times a ratio of total liabilities to tangible net worth, determined under consistently applied generally accepted
accounting principles, of (Total Liabilities to Tangible Net Worth Ratio) or less.
? D. Minimum Tangible Net Worth. Borrower will maintain at all times a total tangible net worth, determined under consistently applied generally accepted
accounting principles, of $ (Minimum Tangible Net Worth) or more. Tangible net worth is the amount by which total assets
exceed total liabilities. For determining tangible net worth, total assets will exclude all intangible assets, including without limitation goodwill, patents, trademarks,
trade names, copyrights, and franchises, and will also exclude any accounts receivable that do not provide for a repayment schedule.
? E. Minimum Current Ratio. Borrower will maintain at all times a ratio of current assets to current liabilities, determined under consistently applied generally
accepted accounting principles, of (Minimum Current Ratio) or more.
? F. Minimum Working Capital. Borrower will maintain at all times a working capital, determined under consistently applied generally accepted accounting principles
by subtracting current liabilities from current assets, of $ (Minimum Working Capital) or more. For this determination,
current assets exclude
(Excluded Current Assets). Likewise, current liabilities include (1) all obligations payable on demand or within one year after the date on which the determination is
made, and (2) final maturities and sinking fund payments required to be made within one year after the date on which the determination is made, but exclude all
liabilities or obligations that Borrower may renew or extend to a date more than one year from the date of this determination.
rTACHMENTS. The following documents are incorporated by reference into this Agreement: ? Asset Based Financing Agreement addendum dated
? Commercial Security Agreement addendum dated ? Other
)DITIONAL TERMS:
tity Name ??tt
(Seal)
;nature Dawn Shughart Date
By Melissa Penner h Agent (Seal
,nature Date
t,NDER:
ornerstone Federal Credit Union
)
Name
(Seal)
V
(Seal)
GNATURES. By signing under seal, I agree to all the terms and conditions beginning on page 1 through the bottom of page 2 of this Agreement. Borrower also
cnowledges receipt of a copy of this Agreement.
)RROWER:
DEBTOR.NAME AND ADDRESS LENDER NAME AND ADDRESS LOAN DESCRIPTION
Dawn M. Shughart Cornerstone Federal Credit Union
14 Farm Lane 5 East Gate Drive Number 10200-04
Carlisle, PA 17013 P.O. Box 1181 Amounts 216,000.00
Carlisle, PA 17013 Date October 11. 2005
? Refer to the attached Signature Addendum, incorporated herein, for additional Debtors and their signatures.
COMMERCIAL SECURITY AGREEMENT
This Commercial Security Agreement (Security Agreement) is an Addendum to a Commercial Loan Agreement, dated October 11 $ 2005 , (Loan Agreement)
between Dawn M. Shughart
(Borrower) and Lender.
This Security Agreement is further governed by the terms of the Loan Agreement, where applicable. References in this Addendum to terms defined in the Loan Agreement
shall have the definitions given to them in the Loan Agreement, unless otherwise indicated. Debtor and Borrower may be the same. Where Borrower and Debtor are not the
same, Debtor means the owner of the Property subject to this Security Agreement and Borrower means the obligor on the Loan Agreement.
SECURED DEBTS. This Security Agreement will secure the following debts (Secured Debts), together with all extensions, renewals, refinancings, modifications, and
replacements of the Secured Debts:
(1) Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of the Loan Agreement or this Security Agreement.
(2) Specific Debts. Debts created by the following instruments or agreements (include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.):
? (3) All Debts. Notice - The Property may also serve as collateral for future advances. All present and future debts from Borrower to Lender, even if this Security
Agreement is not specifically referenced, or if the•future debt is unrelated to or of a different type than this debt. If more than one person signs the Loan Agreement
as Borrower, Debtor agrees that this Security Agreement will secure debts incurred by any Borrower either individually or with others who may not sign the Loan
Agreement. Nothing in this Security Agreement constitutes a commitment to make additional or future loans or advances. Any such commitment must be in
writing pursuant to the terms of the Loan Agreement.
SECURITY INTEREST. To secure the payment and performance of the Secured Debts, Debtor gives Lender a security interest in all of the Property described in this
Security Agreement that Debtor owns or has sufficient rights in which to transfer an interest, now or in the future, wherever the Property is or will be located, and all proceeds
and products of the Property. "Property" includes all parts, accessories, repairs, replacements, improvements, and accessions to the Property; any original evidence of title or
ownership; and all obligations that support the payment or performance of the Property. "Proceeds" includes anything acquired upon the sale, lease, license, exchange, or other
disposition of the Property; any rights and claims arising from the Property; and any collections and distributions on account of the Property. This Security Agreement remains
in effect until terminated in writing, even if the Secured Debts are paid and Lender is no longer obligated to advance funds to Debtor or Borrower.
PROPERTY DESCRIPTION. The Property is described as follows:
® Accounts and Other Rights to Payment: All rights to payment, whether or not earned by performance, including, but not limited to, payment for property or services
sold, leased, rented, licensed, or assigned. This includes any rights and interests (including all liens) which Debtor may have by law or agreement against any account
debtor or obligor of Debtor.
? Inventory: All inventory held for ultimate sale or lease, or which has been or will be supplied under contracts of service, or which are raw materials, work in process,
or materials used or consumed in Debtor's business.
? Equipment: All equipment including, but not limited to, machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop
equipment, office and record keeping equipment, parts, and tools. The Property includes any equipment described in a list or schedule Debtor gives to Lender, but such
a list is not necessary to create a valid security interest in all of Debtor's equipment.
? Instruments and Chattel Paper: All instruments, including negotiable instruments and promissory notes and any other writings or records that evidence the right to
payment of a monetary obligation, and tangible and electronic chattel paper.
? General Intangibles: All general intangibles including, but not limited to, tax refunds, patents and applications for patents, copyrights, trademarks, trade secrets,
goodwill, trade names, customer lists, permits and franchises, payment intangibles, computer programs and all supporting information provided in connection with a
transaction relating to computer programs, and the right to use Debtor's name.
? Documents: All documents of title including, but not limited to, bills of lading, dock warrants and receipts, and warehouse receipts.
? Farm Products and Supplies: All farm products including, but not limited to, all poultry and livestock and their young, along with their produce, products, and
replacements; all crops, annual or perennial, and all products of the crops; and all feed, seed, fertilizer, medicines, and other supplies used or produced in Debtor's
farming operations. North Dakota only - This Security Agreement covers crops now growing. This Security Agreement also covers future crops to be grown in
the current year or any year hereafter.
Government Payments and Programs: All payments, accounts, general intangibles, and benefits including, but not limited to, payments in kind, deficiency
payments, letters of entitlement, warehouse receipts, storage payments, emergency assistance and diversion payments, production flexibility contracts, and conservation
reserve payments under any preexisting, current, or future federal or state government program.
? Investment Property: All investment property including, but not limited to, certificated securities, uncertificated securities, securities entitlements, securities accounts,
commodity contracts, commodity accounts, and financial assets.
Deposit Accounts: All deposit accounts including, but not limited to, demand, time, savings, passbook, and similar accounts.
Q Specific Property Description: The Property includes, but is not limited by, the following (if required, provide real estate description):
All that certain tract of land, with the improvements thereon erected or to be, known
as 69 E. Main Street, Newville, County of Cumberland, Commonwealth of Pennsylvania
Parcel No.: 27-20-1756-081
USE OF PROPERTY. The Property will be used for ? personal ® business ? agricultural ? purposes.
? ADDITIONAL TERMS: (include additional Security Agreement terms and contract requirements).
Debtor Type: ® Individual ? Partnership ? Corporation ? State of Registration (if applicable)
SIGNATURES. By signing under seal, Debtor agrees to all the terms and conditions beginning on page 1 through the bottom of page 2 of this Agreement Debtor
acknowledges receipt of a copy of this Security Agreement.
DEBTOR:
Entity Name - /
0 6- (Seal) (Seal)
Signature Dawn M. S g art Date, Date
By Melissa Penner her AgeAt (Seal) (seal)
Signature Date Date
LENDER: 1 0
Cornerstone Federal Credit Union
BQRROWERNAME AND ADDRESS LENDER NAME AND,ADDRESS LOAN DESCRIPTION
Dawn M. Shughart Cornerstone Federal Credit Union
14 Farm Lane 5 East Gate Drive Number 10200-04
Amount $ 216 , 000 On
Carlisle, PA 17013 P.O. Box 1181 Date October 11, 2005
Carlisle, PA 17013
? Refer to the attached Signature Addendum, incorporated herein, for additional Borrowers and their signatures.
COMMERCIAL PROMISSORY NOTE
DATE. The date of this Promissory Note (Note) is October 1 1 , 2005
GOVERNING AGREEMENT. This Note is further governed by the Commercial Loan Agreement between Lender and Borrower dated October 1 1 a 2005 ,
as modified, amended, or supplemented. All definitions of terns in the Commercial Loan Agreement apply to this Note as well. Upon execution of this Note, Borrower
represents that Borrower has reviewed and is in compliance with all Loan Documents and the Commercial Loan Agreement.
PROMISE TO PAY. For value received, Borrower promises to pay Lender or Lenders order, at Lender's address, ® $ 2 16 .000.00 (Principal).
? $ (Principal) or the Borrowing Base, whichever is less.
® Single Advance. Borrower will receive all of this Principal in one advance. No additional advances are contemplated under this Note.
? Multiple Advances. The Principal amount stated above is the maximum amount of Principal that Borrower may borrow under this Note. On
Borrower will receive $ and future advances are contemplated. The conditions for future advances are stated in the Commercial Loan Agreement.
INI
EKES 1. borrower
Varlable Rate.
U Post Maturity/Default Interest. Borrower agrees to pay interest on the unpaid balance of this Note owing after
I MATURITY/DEMAND. This Note is maturing on October 1 1 , 2010
PAYMENT. Borrower agrees to pay this Note as follows:
I agree to pay this note on demand, but if no demand is made, I agree to pay this note
in 60 payments. This note is amortized over 360 months. I will make 59 payments of
$1,548.20 beginning on November 11, 2005 and the 11th day of each month thereafter.
A single "balloon payment" of the entire unpaid balance of principal and interest will
be due on October 11, 2010.
All payments must be made in United States dollars. Each payment Borrower makes on this Note will be applied first to any charges Borrower owes other than Principal
and interest, then to interest that is due, and finally to Principal that is due. If Lender and Borrower agree to a different application of payments, that application will be
described on this Note. The actual amount of Borrower's final payment will depend upon Borrower's payment record.
USEOFPROCEEDS: Refinance rental/ investment property/consolidation
WAIVERS AND CONSENT. Borrower waives protest, presentment for payment, demand and notices of acceleration, intent to accelerate, and dishonor (if allowed by law).
? ADDITIONAL TERMS.
® WARRANT OF AUTHORITY TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights available to Lender, by
signing below Borrower irrevocably authorizes the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction
over this matter and to confess judgment against Borrower at any time without stay of execution. Borrower waives notice, service of process,
and process. Borrower agrees and understands that judgment may be confessed against Borrower for any unpaid principal,.accrued interest,
and accrued charges due on this Note, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgment. The exercise of the
power to confess judgment will not exhaust this warrant of authority to confess judgment and may be done as often as Lender elects. Borrower
further understands that Borrower's property may be seized without prior notice to satisfy the debt owed. Borrower knowingly, intentionally,
and voluntarily waives any and all constitutional rights Borrower has to pre-deprivation notice and hearing under federal and state laws and
fully understand the consequences of this waiver.
By signinj immediately elow,'I agree to the terms of the CONFESSION OF JUDGMENT section.
Signature Dawn M. Shughart by Melissa Penner her a?IStWre
3IGNATURES. By signing under seal, Borrower agrees to the terms c- on 5ined in this Note. Borrower also acknowledges receipt of a copy of this Note.
BORROWER: 0yr lwC,?&
--mity Name
Entity Name
(Seal)
signature Dawn M. Shughart Date Signature
by Melissa Penner her Agent
signature
:ENDER:
Date
(Seal)
CnrnPrntone FAdAral Credit Union
:brit/y/Name A" /]
-?SPr-vn 4 r- in?1r?nC -
Date
(Seal)
(Seal)
Si
Date
FROM :CORNERSTONEFCU
FAX NO. :7172498208 Aug. 18 2009 12:04PM P2
CORNERSTONE FEDERAL CREDIT UNION
-MEMORANDUM-
August 18, 2009
RE: Account Balance for Account No. 10200-04
Shughart, Dawn
fig E. Main Street, Newville, PA 17241
Principal - $214,149.27
Interest - 13,734.03
Other - 14.651.94
Total - $242,535.24
VERIFICATION
I, ?A V 14D &. KEFS=t2
(name) (title)
of CORNERSTONE FEDERAL CREDIT UNION, verify that the statements made in the aforegoing
document are true and correct. I understand that false statements herein are made subject to the 11 1
,
penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities.
CORNERSTONE FEDERAL CREDIT UNION
By: ill r
Title: C- ' r) '
Dated: - / a ._- O
shughart
3090047
F:\USER\BONNIEJO\FORECL\W ORK\Cmrstone-Shughart\compl.wpd: 18Aug09
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14,
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
Sheriff s Office of Cumberland County nV
ct ?+itn, n•
C A ?? J
Cornerstone Federal Credit Union
Case Number
vs. 2009-5883
Dawn M. Shughart SHERIFF'S RETURN OF SERVICE
08/28/2009 On this date R. Thomas Kline, Sheriff mailed the within complaint and notice by certified mail, return
receipt requested to Dawn M. Shughart request for service 5601 College Road Apt. 304 Key West, FL
33040.
08/28/2009 On this date R. Thomas Kline, Sheriff mailed the within Complaint in Mortgage Foreclosure by certified
mail, return receipt requested to Dawn M. Shughart request for service Opera Restaurant 613 Duval
Street Key West, FL 33040.
08/28/2009 On this date R. Thomas Kline, Sheriff mailed the within Complaint in Mortgage Foreclosure by certified
mail, return receipt requested to Dawn M. Shughart request for service Kai-Kai West 901 Duval Street Key
West, FL 33040.
09/08/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within
Complaint and Notice upon the within named defendant, Dawn M. Shughart, in the following manner: On
August 28, 2009 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the
within Complaint in Mortgage Foreclosure to the defendant's last known address of c/o Kai-Kai Key West
910 Duval Street Key West, FL 33040. The certified mail return receipt card was received by the
Cumberland County Sheriffs Office signed by James Fisher on September 8, 2009.
09/24/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Dawn M. Shughart, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Dawn M. Shughart. Request for service at 5601 College Road Apt. 304 Key West, FL 33040
was returned unclaimed by the United States Postal Service.
10/06/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Writ of
Summons upon the within named defendant, Dawn M. Shughart, in the following manner: On August 28,
2009 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within
Complaint in Mortgage Foreclosure to the defendant's last known address of c/o Opera Restaurant 613
Duval Street Key West, FL 33040. The certified mail return receipt card was received by the Cumberland
County Sheriffs Office as unclaimed by the United States Postal Service.
SHERIFF COST: $57.91
October 06, 2009
SO ANSWERS,
i C
/' R THOMAS KLINE, SHERIFF
Robert D. Kodak, Esquire
Supreme Court I.D. 18041
KODAK & IMBLUM, P.C.
Post Office Box 11848
407 North Front Street
Harrisburg, PA 17108-1848
717-238-7159 Fax: 717-238-7158
email: robert.kodak@kodak-imblum.com
Attorney for Plaintiff
CORNERSTONE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO.09-5883 CIVIL TERM
DAWN M. SHUGHART : CIVIL DIVISION - LAW
Defendant : IN MORTGAGE FORECLOSURE
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please reinstate the Complaint filed to the above term and number and return same to the
undersigned for forwarding to the Sheriff of Monroe County, Florida, for service upon Defendant
at Monroe County, Florida.
TO Cumberland County
Prothonotary
Robert D. Kodak Attorney for Plaintiff
Attorney I.D. No. 18041
Dated: October 21, 2009
0
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CORNERSTONE FEDERAL CREDIT UNION : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
~ N0.09-5883 CIVIL TERM n a
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DAWN M. SHUGHART :CIVIL ACTION -LAW r~ ~ , ~
Defendant : IN MORTGAGE FORECLOSU] `- _~ ~~
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TO: PROTHONOTARY, COURT OF COMMON PLEAS t_ ~°r +:~ ~
CUMBERLAND COUNTY, PENNSYLVANIA ~ c,a {:~~
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PRAECIPE FOR DEFAULT TUDGMENT
Please enter judgment in favor of Plaintiff and against above-named Defendant,
DAWN M. SHUGHART, named for failure to file within the required time an Answer to
the Complaint in the above-captioned case and assess the Plaintiff's damages as follows:
Amount claimed in Plaintiff's Complaint $278,915.52
Interest at the rate of 7.75% per annum 08/18/09-01/08/10 $ 8,526.30
Total ........................................................ $287,441.82
I hereby certify that a written Important Notice of the intent to file this Praecipe was mailed
or delivered to the Defendant and/or her Attorney of Record, if any, after the default
occurred and at least ten (10) days prior to the date of the filing of this Praecipe and a copy
of the notice is attached.
KODAK & I M, P.C.
,~'
f..
B
Robert D. Kodak, Attorney for Plaintiff
DATED: ~~i~~~o Judgment entered and damages asses d as above.
ro onotary
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~~ LAW OFFICES OP
KODAK & IMSLUM, P.C.
CAMERON MANSION
Robert D. Kodak 407 NORTH FRONT STREET
Gary J. Imblum POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
www.kodak-imblum.com
December 10, 2009
DAWN SHUGHART
1115 GEORGIA REAR APT
KEY WEST FL 33040
RE: Cornerstone Federal Credit Union
VS: Dawn IVI. Shughart
Our File No. 3-09-0047
No. 09-5883 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Dear Ms. Shughart:
Telephone
717.238.7152
r
C~7~~
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a
Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County, Pennsylvania, to enter Judgment against you in the amount
as set forth in said Complaint.
Very truly yours,
RDK/bjh
enclosure
cc ATTENTION ROXANE KAIN
CORNERSTONE FEDERAL CREDIT
PO BOX 1181
CARLISLE PA 17013-1811
KODAK & IMBLUM, P.C.
Robert D. Kodak
robert. kodak@kodak-imblum. com
~-
r M
CORNERSTONE FEDERAL CREDIT UNION
Plaintiff
v
DAWN M. SHUGHART
Defendant
COPY
IN THE COURT OF COMMON r e
CUMBERLAND COUNTY, PENNSYLVANIA
N0.09-58$3 CIVIL TERM
CIVIL ACTION -LAW
IMPORTANT NOTICE
TO: DAWN M. SHUGHART, Defendant(s)
DATE OF NOTICE: December 10, 2009
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PRO VIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCL4TION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
! -~
CORNERSTONE FEDERAL CREDIT UNION
Plaintiff
v.
DAWN M. SHUGHART
Defendant
TO: DAWN M. SHUGHART Defendant(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.09-5883 CIVIL TERM
CIVIL ACTION -LAW
IN MORTGAGE FORECLOSURE
You are hereby notified that on U 2010, the following
Qudgment) has been entered against you in the above- ptioned case.
DATE:
Pro~~notary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
DAWN M SHUGHART
1115 GEORGE REAR APT
KEY WEST FL 33040