HomeMy WebLinkAbout06-2909Robert D. Kodak, Esquire
Supreme Court I.D. 18041
KNUPP, KODAK & IMBLUM, P.C.
Post Office Box 11848
407 North Front Street
Harrisburg, PA 17108-1848
717-238-7151 Fax: 717-238-7158
email: robert.kodak@verizon.net
Attorney for Cornerstone Federal Credit Union
CORNERSTONE FEDERAL CREDIT UNION
Plaintiff
V.
CLYDE E. DEHART, JR.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O(,- aqQ?
CIVIL DIVISION - LAW
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.
CLYDE E. DEHART, JR.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Ola-d?69
(2,0-L -?
CIVIL DIVISION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
The Plaintiff, Cornerstone Federal Credit Union, by its attorneys, Knupp, Kodak & Imblum, P.C., brings
this action of Assumpsit against the Defendant, Clyde E. Dehart, Jr., to recover the sum of Eight Hundred Fifty-Five
Thousand, Three Hundred Eighty-Nine Dollars and Ninety-Nine Cents ($855,389.99), along with interest thereon
at the rate of Seven and Three-Quarters (7.750%) percent per annum from January 10, 2006, upon a cause of action
of which the following is a statement:
The Plaintiff, Cornerstone Federal Credit Union, is a financial institution organized and existing
under Federal laws governing credit unions, having its principal office and place of business at 5 East Gate Drive,
Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant, Clyde E. DeHart, Jr., is an adult individual residing at 1552 Holly Pike, Carlisle,
Cumberland County, Pennsylvania 17013
On or about April 8, 2005, in order to induce Plaintiff to lend monies to him, Defendant did execute
a Mortgage securing property as referenced in Deed Book 1903 at Page 0155, in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, to Plaintiff, in the amount of Seven Hundred Forty-Six Thousand
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($746,000.00) Dollars, with interest thereon at the rate of Seven and Three-Quarters (7.750%) percent per annum.
A true and correct copy of said Mortgage is attached hereto, marked as Exhibit "A" and made a part hereof.
4.. In order to further secure said loan, on or about April 8, 2005, Defendant did additionally execute
a Promissory Note in the amount of Seven Hundred Forty-Six Thousand ($746,000.00) Dollars. A true and correct
copy of said Promissory Note is attached hereto, marked as Exhibit "B" and made a part hereof.
Defendant has defaulted on the payment terms of the aforesaid Mortgage and Note, and is indebted
to Plaintiff in the principal amount of Seven Hundred Thirty-Six Thousand, Nine Hundred Sixty-Seven Dollars and
eighty-Three Cents ($736,967.83), as evidenced by the Confession of Judgment filed with this Honorable court on
January 25, 2006, to Number 06-499 Civil. A true and correct copy of said Confession of Judgment is attached
hereto, marked as Exhibit "C" and made a part hereof.
6. Due to Defendant's default in the payment terms as aforesaid, interest has accrued, through January
10, 2006, in the amount of Eight Thousand, Eight Hundred Ninety-One Dollars andNinety-Five Cents ($8,891.95),
as more fully set forth on the Confession of Judgment attached hereto as Exhibit "C" and made a part hereof,
Pursuant to the terms and conditions of the aforesaid Mortgage and Promissory Note, said interest shall and will
continue to accrue, at the rate of Seven and Three-Quarters (7.750%) percent per annum from January 10, 2006.
Due to Defendant's default in the payment terms as aforesaid, and pursuant to the terms and
conditions of the aforesaid Mortgage and Promissory Note, Defendant is further liable for late fees, which have been
assessed in the amount of Three Hundred Eight Dollars and Eighty-Three Cents ($308.83), as more fully set forth
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on the true and correct copy of the Confession of Judgment attached hereto as Exhibit "C" and made a part hereof.
Said late charges will also continue to accrue from the date of January 10, 2006.
8. Due to Defendant's default in the payment terms as aforesaid, and pursuant to the terms and
conditions of the aforesaid Mortgage and Promissory Note, Defendant is further liable for attorney's fees, which
have been added to said account in the amount of One Hundred Eleven Thousand, Five Hundred Seventy-Two
Dollars and Sixty Cents ($111,572.60), as more fully set forth on the true and correct copy of the Confession of
Judgment attached hereto as Exhibit "C" and made a part hereof.
9. Certain monies have been received by Plaintiff on Defendant's account, and said monies, in the
amount of Two Thousand, Three Hundred Fifty-One Dollars and Twenty-Two Cents ($2,351.22), have been applied
to Defendant's account, as more fully set forth on the true and correct copy of the Confession of Judgment attached
hereto as Exhibit "C" and made a part hereof.
10. The balance due and owing by Defendant to Plaintiff is the sum of eight Hundred Fifty-five
Thousand, Three Hundred Eighty-Nine Dollars and Ninety-Nine Cents ($855,389.99), as set forth on the true and
correct copy of the Confession of Judgment attached hereto as Exhibit "C" and made a part hereof.
11. Attached hereto, marked as Exhibits "D" and "E" respectively and made a part hereof are true and
correct copies of the Act 91 Notices which were sent to Defendant via certified mail, return receipt requested, and
via regular first class mail.
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12. Attached hereto, marked as Exhibit "F" and made a part hereof is a true and correct copy of the
United States Postal System return receipt card evidencing receipt of the Act 91 Notice sent via certified mail, return
receipt requested.
13.. 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.
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of Eight Hundred Fifty-Five
Thousand, Three Hundred Eighty-Nine Dollars and Ninety-Nine Cents ($855,389.99), along with interest thereon
at the rate of Seven and Three-Quarters (7.750%) percent per annum from January 10, 2006
Respectfully submitted,
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
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KNUPP, KODAK & IMBLUM, P.C.
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Space Above This Line For Recording Data
MORTGAGE
DATE AND PARTIES. The date of this Mortgage iSecurity Instrument) is April 8, 2005. The
parties and their addresses are:
MORTGAGOR:
CLYDE E DEHART JR.
1552 Holly Pike
Carlisle, Pennsylvania 17013
LENDER:
CORNERSTONE FEDERAL CREDIT UNION
Organized and existing under the laws of the United States of America
5 Eastgate Drive
P.O. Box 1181
Carlisle, Pennsylvania 17013-0927
1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is
acknowledged, and to secure the Secured Debts and Mortgagor's performance under this
Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender, the
following described property:
ALL THAT certain tract of land situate in South Middleton Township, Cumberland County,
Commonwealth of Pennsylvania, bounded and described in accordance with a Final Plan of
Minor Subdivision for Floyd E. Weibley, dated April 5, 1984, and recorded in the Office of the
Recorder of Deeds for Cumberland County in Plan Book 46, Page 1.
Having a street address of 1552-1554 Holly Pike; Carlisle, PA 17013
Being UPI #District 40, Map 10-0632, Parcel 036
The property is located in Cumberland County at 1552-1554 Holly Pike, Carlisle, Pennsylvania
17013.
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights,
crops, timber, all diversion payments or third party payments made to crop producers and all
existing and future improvements, structures, fixtures, and replacements that may now, or at
any time in the future, be part of the real estate described (all referred to as Property). This
Security Instrument will remain in effect until the Secured Debts and all underlying agreements
have been terminated in writing by Lender.
2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security
Instrument at any one time will not exceed $746,000.00. This limitation of amount does not
include interest and other fees and charges validly made pursuant to this Security Instrument.
Also, this limitation does not apply to advances made under the terms of this Security
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Instrument to protect Lender's security and to perform any of the covenants contained in this
Security Instrument.
3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts:
A. Specific Debts. The following debts and all extensions, renewals, refinancings,
modifications and replacements. A promissory note or other agreement, No. 1005-000002,
dated April 8, 2005, from Mortgagor to Lender, with a loan amount of $746,000.00, with
an interest rate of 7.75 percent per year and maturing on April 8, 2010.
B. All Debts. All present and future debts from Mortgagor to Lender, even if this Security
Instrument 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 this Security Instrument, each agrees that
it will secure debts incurred either individually or with others who may not sign this Security
Instrument. Nothing in this Security Instrument constitutes a commitment to make additional
or future loans or advances. Any such commitment must be in writing. In the event that
Lender fails to provide any required notice of the right of rescission, Lender waives any
subsequent security interest in the Mortgagor's principal dwelling that is created by this
Security Instrument. This Security Instrument will not secure any debt for which a non-
possessory, non-purchase money security interest is created in "household goods" in
connection with a "consumer loan," as those terms are defined by federal law governing
unfair and deceptive credit practices. This Security Instrument will not secure any debt for
which a security interest is created in "margin stock" and Lender does not obtain a
"statement of purpose," as defined and required by federal law governing securities.
C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of
this Security Instrument.
4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when
due and in accordance with the terms of the Secured Debts and this Security Instrument.
5. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of
the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell
and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except
for encumbrances of record.
6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security
agreement or other lien document that created a prior security interest or encumbrance on the
Property, Mortgagor agrees:
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Mortgagor receives from the holder.
C. Not to allow any modification or extension of, nor to request any future advances under
any note or agreement secured by the lien document without Lender's prior written consent.
7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances,
lease payments, ground rents, utilities, and other charges relating to the Property when due.
Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are
due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the
Property against any claims that would impair the lien of this Security Instrument. Mortgagor
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agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor
may have against parties who supply labor or materials to maintain or improve the Property.
8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of
the Secured Debt to be immediately due and payable upon the creation of, or contract for the
creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right
is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable.
9. WARRANTIES AND REPRESENTATIONS. Mortgagor has the right and authority to enter into
this Security Instrument. The execution and delivery of this Security Instrument will not violate
any agreement governing Mortgagor or to which Mortgagor is a party.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the
Property in good condition and make all repairs that are reasonably necessary. Mortgagor will
not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor-will
keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the
occupancy and use will not substantially change without Lender's prior written consent.
Mortgagor will not permit any change in any license, restrictive covenant or easement without
Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings,
claims, and actions against Mortgagor, and of any loss or damage to the Property.
No portion of the Property will be removed, demolished or materially altered without Lender's
prior written consent except that Mortgagor has the right to remove items of personal property
comprising a part of the Property that become worn or obsolete, provided that such personal
property is replaced with other personal property at least equal in value to the replaced personal
property, free from any title retention device, security agreement or other encumbrance. Such
replacement of personal property will be deemed subject to the security interest created by this
Security Instrument. Mortgagor will not partition or subdivide the Property without Lender's
prior written consent.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for
the purpose of inspecting the Property. Lender will give Mortgagor notice at the time of or
before an inspection specifying a reasonable purpose for the inspection. Any inspection of the
Property will be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's
inspection.
11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants
contained in this Security Instrument, Lender may, without notice, perform or cause them to be
performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any
amount necessary for performance. Lender's right to perform for Mortgagor will not create an
obligation to perform, and Lender's failure to perform will not preclude Lender from exercising
any of Lender's other rights under the law or this Security Instrument. If any construction on
the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps
necessary to protect Lender's security interest in the Property, including completion of the
construction.
12. DEFAULT. Mortgagor will be in default if any of the following occur:
A. Payments. Mortgagor fails to make a payment in full when due.
B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a
receiver by or on behalf of, application of any debtor relief law, the assignment for the
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benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence
by, or the commencement of any proceeding under any present or future federal or state
insolvency, bankruptcy, reorganization, composition or debtor relief law by or against
Mortgagor, Borrower, or any co-signer, endorser, surety or guarantor of this Security
Instrument or any other obligations Borrower has with Lender.
C. Death or Incompetency. Mortgagor dies or is declared legally incompetent.
D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or
covenant of this Security Instrument.
E. Other Documents. A default occurs under the terms of any other transaction document.
F. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has
with Lender.
G. Misrepresentation. Mortgagor makes any verbal or written statement or provides any
financial information that is untrue, inaccurate, or conceals a material fact at the time it is
made or provided.
H. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor.
1. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation
by a legal authority.
J. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name
without notifying Lender before making such a change.
K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or
property. This condition of default, as it relates to the transfer of the Property, is subject to
the restrictions contained in the DUE ON SALE section.
L. Property Value. The value of the Property declines or is impaired.
M. Insecurity. Lender reasonably believes that Lender is insecure.
13. REMEDIES. Lender may use any and all remedies Lender.has under state or federal law or in
any instrument evidencing or pertaining to the Secured Debts. Any amounts advanced on
Mortgagor's behalf will be immediately due and may be added to the balance owing under the
Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may
be available on Mortgagor's default.
Subject to any right to cure, required time schedules or any other notice rights Mortgagor may
have under federal and state law, Lender may make all or any part of the amount owing by the
terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner
provided by law upon the occurrence of a default or anytime thereafter.
All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies
provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any
sum in payment or partial payment on the Secured Debts after the balance is due or is
accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's
right to require full and complete cure of any existing default. By not exercising any remedy,
Lender does not waive Lender's right to later consider the event a default if it continues or
happens again.
14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent
permitted by law, Mortgagor agrees to pay all expenses of collection, enforcement or protection
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of Lender's rights and remedies under this Security Instrument. Mortgagor agrees to pay
expenses for Lender to inspect and preserve the Property and for any recordation costs of
releasing the Property from this Security Instrument. Expenses include, but are not limited to,
attorneys' fees, court costs and other legal expenses. These expenses are due and payable
immediately. If not paid immediately, these expenses will bear interest from the date of
payment until paid in full at the highest interest rate in effect as provided for in the terms of the
Secured Debts. To the extent permitted by the United States Bankruptcy Code, Mortgagor
agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debts as
awarded by any court exercising jurisdiction under the Bankruptcy Code.
15. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, 11)
Environmental Law means, without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 at seq.), all other federal, state and
local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters
concerning the public health, safety, welfare, environment or a hazardous substance; and (2)
Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or
contaminant which has characteristics which render the substance dangerous or potentially
dangerous to the public health, safety, welfare or environment. The term includes, without
limitation, any substances defined as "hazardous material," "toxic substance," "hazardous
waste," "hazardous substance," or "regulated substance" under any Environmental Law.
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous
Substance has been, is, or will be located, transported, manufactured, treated, refined, or
handled by any person on, under or about the Property, except in the ordinary course of
business and in strict compliance with all applicable Environmental Law.
B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not
and will not cause, contribute to, or permit the release of any Hazardous Substance on the
Property.
C. Mortgagor will immediately notify Lender if (1) a release or threatened release of
Hazardous Substance occurs on, under or about the Property or migrates or threatens to
migrate from nearby property; or 12) there is a violation of any Environmental Law concerning
the Property. In such an event, Mortgagor will take all necessary remedial action in
accordance with Environmental Law.
D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no
knowledge of or reason to believe there is any pending or threatened investigation, claim, or
proceeding of any kind relating to (1) any Hazardous Substance located on, under or about
the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law.
Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to
believe there is any such pending or threatened investigation, claim, or proceeding. In such
an event, Lender has the right, but not the obligation, to participate in any such proceeding
including the right to receive copies of any documents relating to such proceedings.
E. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and
every tenant have been, are and will remain in full compliance with any applicable
Environmental Law.
Clyde E DaHan Jr. /: '
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F. Except as previously disclosed and acknowledged in writing to Lender, there are no
underground storage tanks, private dumps or open wells located on or under the Property and
no such tank, dump or well will be added unless Lender first consents in writing.
G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the
Property, and confirm that all permits, licenses or approvals required by any applicable
Environmental Law are obtained and complied with.
H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter
and inspect the Property and review all records at any reasonable time to determine (1) the
existence, location and nature of any Hazardous Substance on, under or about the Property;
(2) the existence, location, nature, and magnitude of any Hazardous Substance that has been
released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are
in compliance with applicable Environmental Law.
1. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to
engage a qualified environmental engineer to prepare an environmental audit of the Property
and to submit the results of such audit to Lender. The choice of the environmental engineer
who will perform such audit is subject to Lender's approval.
J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations
under this section at Mortgagor's expense.
K. As a consequence of any breach of any representation, warranty or promise made in this
section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns
harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response
and remediation costs, penalties and expenses, including without limitation all costs of
litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain;
and (2) at Lender's. discretion, Lender may release this Security Instrument and in return
Mortgagor will provide Lender with collateral of at least equal value to the Property secured
by this Security Instrument without prejudice to any of Lender's rights under this Security
Instrument.
L. Notwithstanding any of the language contained in this Security Instrument to the contrary,
the terms of this section will survive any foreclosure or satisfaction of this Security
Instrument regardless of any passage of title to Lender or any disposition by Lender of any or
all of the Property. Any claims and defenses to the contrary are hereby waived.
16. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened
action by private or public entities to purchase or take any or all of the Property through
condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene
in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to
Lender the proceeds of any award or claim for damages connected with a condemnation or
other taking of all or any part of the Property. Such proceeds will be considered payments and
will be applied as provided in this Security Instrument. This assignment of proceeds is subject
to the terms of any prior mortgage, deed of trust, security agreement or other lien document.
17. INSURANCE. Mortgagor agrees to keep the Property insured against the risks reasonably
associated with the Property. Mortgagor will maintain this insurance in the amounts Lender
requires. This insurance will last until the Property is released from this Security Instrument.
What Lender requires pursuant to the preceding two sentences can change during the term of
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the Secured Debts. Mortgagor may choose the insurance company, subject to Lender's
approval, which will not be unreasonably withheld.
All insurance policies and renewals will include a standard "mortgage clause" and, where
applicable, "loss payee clause." If required by Lender, Mortgagor agrees to maintain
comprehensive general liability insurance and rental loss or business interruption insurance in
amounts and under policies acceptable to Lender. The comprehensive general liability insurance
must name Lender as an additional insured. The rental loss or business interruption insurance
must be in an amount equal to at least coverage of one year's debt service, and required escrow
account deposits (if agreed to separately in writing.)
Mortgagor will give Lender and the insurance company immediate notice of any loss. All
insurance proceeds will be applied to restoration or repair of the Property or to the Secured
Debts, at Lender's option. If Lender acquires the Property in damaged condition, Mortgagor's
rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured
Debts.
Mortgagor will immediately notify Lender of cancellation or termination of insurance. If
Mortgagor fails to keep the Property insured Lender may obtain insurance to protect Lender's
interest in the Property. This insurance may include coverages not originally required of
Mortgagor, may be written by a company other than one Mortgagor would choose, and may be
written at a higher rate than Mortgagor could obtain if Mortgagor purchased the insurance.
18. ESCROW FOR TAXES AND INSURANCE. Mortgagor will not be required to pay to Lender
funds for taxes and insurance in escrow.
19. CO-SIGNERS. If Mortgagor signs this Security Instrument but does not sign the Secured
Debts, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure
payment of the Secured Debts and Mortgagor does not agree to be personally liable on the
Secured Debts. If this Security Instrument secures a guaranty between Lender and Mortgagor,
Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim
against Mortgagor or any party indebted under the obligation. These rights may include, but are
not limited to, any anti-deficiency or one-action laws.
20. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all appraisement
rights relating to the Property.
21. APPLICABLE LAW. This Security Instrument is governed by the laws of Pennsylvania,
except to the extent otherwise required by the laws of the jurisdiction where the Property is
located, and the United States of America.
22. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor's obligations
under this Security Instrument are independent of the obligations of any other Mortgagor.
Lender may sue each Mortgagor individually or together with any other Mortgagor. Lender may
release any part of the Property and Mortgagor will still be obligated under this Security
Instrument for the remaining Property. The duties and benefits of this Security Instrument will
bind and benefit the successors and assigns of Lender and Mortgagor.
23. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be
amended or modified by oral agreement. No amendment or modification of this Security
Instrument is effective unless made in writing and executed by Mortgagor and Lender. This
Security Instrument is the complete and final expression of the agreement. If any provision of
Clyde E DeHart Jr.
Pennsylvania Mortgage Inidels
PA14XXmsnody00815100004558014040605Y 01998 Bankers Systems, Inc., St. Cloud, MN Eat F7490 -7
?`s?tS??'?SOt51
this Security Instrument is unenforceable, then the unenforceable provision will be severed and
the remaining provisions will still be enforceable.
24. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes
the singular. The section headings are for convenience only and are not to be used to interpret
or define the terms of this Security Instrument.
25. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise
required by law, any notice will be given by delivering it or mailing it by first class mail to the
appropriate party's address listed in the DATE AND PARTIES section, or to any other address
designated in writing. Notice to one party will be deemed to be notice to all parties. Mortgagor
will inform Lender in writing of any change in Mortgagor's name, address or other application
information. Mortgagor will provide Lender any financial statements or information Lender
requests. All financial statements and information Mortgagor gives Lender will be correct and
complete. Mortgagor agrees to sign, deliver, and file any additional documents or certifications
that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations
under this Security Instrument and to confirm Lender's lien status on any Property. Time is of
the essence.
SIGNATURES. By signing under seal, Mortgagor agrees to the terms and covenants contained
in this Security Instrument. Mortgagor also acknowledges receipt of a copy of this Security
Instrument.
all
\
LENDER:
Cornerstone Federal Credit Uff ion
By j4", ,Ln . ArI n. (Seal)
Roxane L. Kain , Cornerstone FCU
(Witness)
(Witness)
(Attest)
Pennsylvania Mortgage Initials
PA/4XXmsnody0081 5 1 00004 5 5 8014040605Y 01996 Bankers Systems, Inc., St. C1Wd, MN 6 er ' I
01 - i\ I
i3'GU 52
U
(Witness)
ACKNOWLEDGMENT.
(Individual)
COMMONWEALTHOF PENNSYLVANIA COUNTY OF CUMBERLAND ss. -
On this the 8th day of Aprils 2005 , before me,
, the undersigned officer, personally appeared Clyde E
DeHart Jr., known to me (or satisfactorily proven) to be the personis) whose name(s) islare
subscribed to the within instrument and acknowledged that he/she/they execute the same for
the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
My commission expires:
(Notary Publi
AL
KARY PUBLIC
RLAND COUNTY
MARCH 10, 2009
Clyde E DeHart Jr.
klals _ CIO
Pennsylvania Mon~ In
PA/4XXmsnody008151000045580140408OSY 01998 emlues Systems, Inc., St. Cloud, MN EPIC Page 9
BX 9 g03PGG i 53
Mender Acknowledgment)
STATE OF PEIWMVAKA canrY OF 0243FR AM SS.
On this the % 7" day of April 2005 before me,
TnvrI, S rr7vrr 2 the undersigned personally appeared Roxane L. Kain ,
who acknowledged himself/herself/themselves to be the Cornerstone FCU of Cornerstone
Federal Credit Union, a corporation, and that he/she/they, as such Cornerstone FCU, being
authorized so to do, executed the foregoing instrument for the purposes therein contained, by
signing the name of the corporation, by himself/herself/themselves as Cornerstone FCU.
In witness whereof, I hereunto set my hand and official seal.
My commission expires:
COMMON"IEALTH OF PENNSYLVANIA
NWarl91 Seal
j Mddb?wp?(^^ E>?ilPennsylvania Ac... Jet" of Notaries
?),ti2?
C (Notary Publi
.,er.
{ M
l
It is hereby certified that the address of the Lender within named is: 5 Eastgate Drive P.O. Box
1181, Carlisle, Pennsylvania 17013-0927.
Corn?errss?one Federal Credit U
Roxane L. Kain , Cornerstone FCU
,.y.. a uenart jr.
Pennsylvanla Mortgage
PA/4XXmsnody00S15100004558014040605Y
Initials JX
0199a eanksrs Systems, Inc., St. Owd, MN EKtZ Page 1
N 19a3tGo 154
Exhibit A
ALL THAT certain tract of land situate in South Middleton Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a Final Plan of
Minor Subdivision for Floyd E. Weibley, dated April 5,1984, and recorded in the
Office of the Recorder of Deeds for Cumberland County in Plan Book 46, Page 1, as
follows:
BEGINNING at a steel pin in the center line of Pennsylvania Route 34, said point
being on the dividing line between Lots Nos. I and 3 on the above mentioned Plan of
Lots; thence by said center line, South 09 degrees 52 minutes 10 seconds West
490.95 feet to a point on the dividing fine between Lots Nos. I and 2 on the above
mentioned Plan of Lots; thence by said dividing line, North 60 degrees 59 minutes
05 seconds West 394.63 feet to a steel pin; thence by the same, North 56 degrees 11
minutes 40 seconds West 417.84 feet to a steel pin at a post; thence by the same,
North 39 degrees 22 minutes 15 seconds West 25139 feet to a post; thence by land
now or formerly of Paul R. Teitrick, Jr., North 41 degrees 46 minutes 50 seconds
East 134.19 feet to a steel pin; thence by the dividing line between Lots Nos. 1 and 3
on the above mentioned Plan of Lots, South 39 degrees 22 minutes 15 seconds East
252.44 feet to a steel pin; thence by the same, South 56 degrees 11 minutes 40
seconds East 359.89 feet to a steel pin; thence by the same, North 43 degrees 20
minutes 50 seconds East 299.9 feet to a steel pin; thence by the same, South 72
degrees 28 minutes 10 seconds East 190.31 feet to a steel pin, the Place of
BEGINNING.
Being Lot No. 1 on the aforesaid Subdivision Plan.
..?cd
PA
R.ecr-j -der of Deeds
Clyde E DeHart Jr. /'1??
Pennsylvania Martpapa Initials r 9
PA14XXmsnody00515100004558014040605Y 01995 Bankers Systems, Inc., St. Cloud, MN Ead?i " Pape 11
BK 19 03pru" J 155
LOAN NUMBER LOAN NAME ACCT. NUMBER NOTE DATE INITIALS
1005-000002 Clyde E DeHart Jr. 04/08/05 RLK
NOTE AMOUNT INDEX (w/Margin) RATE MATURITY DATE LOAN PURPOSE
$746,000.00 Not Applicable 7.750% 04/08/10 Commercial
Creditor Use Only
PROMISSORY NOTE
(Commercial - Single Advance - Fixed Rate)
DATE AND PARTIES. The date of this Promissory Note (Note) is April 8, 2005. The parties and their addresses are:
LENDER:
CORNERSTONE FEDERAL CREDIT UNION
5 Eastgate Drive
P.O. Box 1181
Carlisle, Pennsylvania 17013-0927
Telephone: (717) 249-1661
BORROWER:
CLYDE E DEHART JR.
1552 Holly Pike
Carlisle, Pennsylvania 17013
1. DEFINITIONS. As used in this Note, the terms have the following meanings:
A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Note, individually and together with
their heirs, successors and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties)
who agrees to pay this Note. "You" and "Your" refer to the Lender, with its participants or syndicators, successors and
assigns, or any person or company that acquires an interest in the Loan..
B. Note. Note refers to this document, and any extensions, renewals, modifications and substitutions of this Note.
C. Loan. Loan refers to this transaction generally, including obligations and duties arising from the terms of all documents
prepared or submitted for this transaction such as applications, security agreements, disclosures or notes, and this Note.
D. Property. Property is any property, real, personal or intangible, that secures my performance of the obligations of this
Loan.
E. Percent. Rates and rate change limitations are expressed as annualized percentages.
2. PROMISE TO PAY. For value received, I promise to pay you or your order, at your address, or at such other location as you
may designate, the principal sum of $746,000.00 (Principal) plus interest from April 8, 2005 on the unpaid Principal balance
until this Note matures or this obligation is accelerated.
3. INTEREST. Interest will accrue on the unpaid Principal balance of this Note at the rate of 7.750 percent (Interest Rate),
A. Post-Maturity Interest. After maturity or acceleration, interest will accrue on the unpaid Principal balance of this Note at
the Interest Rate in effect from time to time, until paid in full.
B. Maximum Interest Amount. Any amount assessed or collected as interest under the terms of this Note or obligation will
be limited to the Maximum Lawful Amount of interest allowed by state or federal law. Amounts collected in excess of the
Maximum Lawful Amount will be applied first to the unpaid Principal balance. Any remainder will be refunded to me.
C. Accrual. During the scheduled term of this Loan interest accrues using an Actual/360 days counting method.
4. ADDITIONAL CHARGES. As additional consideration, I agree to pay, or have paid, the fees and charges listed on the
APPENDIX: FEES AND CHARGES, which is attached to and made part of this Note.
5. REMEDIAL CHARGES. In addition to interest or other finance charges, I agree that I will pay these additional fees based on
my method and pattern of payment. Additional remedial charges may be described elsewhere in this Note.
A. Late Charge. If a payment is more than 15 days late, I will be charged 5.000 percent of the Unpaid Portion of Payment.
I will pay this late charge promptly but only once for each late payment.
6. GOVERNING AGREEMENT. This Note is further governed by the Commercial Loan Agreement executed between you and
me as part of this Loan, as modified, amended or supplemented. Upon execution of this Note, I represent that I have reviewed
and am in compliance with the terms contained in the Commercial Loan Agreement.
7. PAYMENT. 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 240 payments. I will make 59 payments of $6,176.69 beginning on May 8, 2005, and on the 8th day
of each month thereafter. A single "balloon payment" of the entire unpaid balance of Principal and interest will be due on April
8, 2010.
Payments will be rounded to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing
and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or
31st day of a month that contains no such day will, instead, be made on the last day of such month.
Each payment I make on this Note will be applied first to any charges that I owe other than principal and interest then to
interest that is due, and finally to principal that is d
71111111 a different application of payments, we will
describe our agreement on this Note. The actual amo Y tom: II depend on my payment record. ??/A?
Clyde E DeHert Jr.
Pennsylvania Promissory Note Initial
PA/4XXmsnody00815100004558014040605N al ',1 b oud, MN Page 1
B. PREPAYMENT. I may prepay this Loan in full or in part at any time. Any partial prepayment will not excuse any later
scheduled payments until I pay in full.
9. LOAN PURPOSE. The purpose of this Loan is to payoff a sales agreement, provide consolidation and to fund
improvements..
10. SECURITY. This Loan is secured by separate security instruments prepared together with this Note as follows:
Document Name Parties to Document
Mortgage - 1552-1554 Holly Pike Clyde DeHart Jr.
Leases And Rents Assignment - 1552-1554 Clyde DeHart Jr.
Holly Pike
11. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Note to be immediately
due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part
of the Property. This right is subject to the restrictions imposed by federal law 112 C.F.R. 591), as applicable.
12. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand,
notice of acceleration, notice of intent to accelerate and notice of dishonor.
A. Additional Waivers By Borrower. In addition, I, and any party to this Note and Loan, to the extent permitted by law,
consent to certain actions you may take, and generally waive defenses that may be available based on these actions or
based on the status of a party to this Note.
(1) You may renew or extend payments on this Note, regardless of the number of such renewals or extensions.
(2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer.
(3) You may release, substitute or impair any Property securing this Note.
(4) You, or any institution participating in this Note, may invoke your right of set-off.
(5) You may enter into any sales, repurchases or participations of this Note to any person in any amounts and I waive
notice of such sales, repurchases or participations.
(6) 1 agree that any of us signing this Note as a Borrower is authorized to modify the terms of this Note or any
instrument securing, guarantying or relating to this Note.
B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights,
remedies, privileges or right to insist upon my strict performance of any provisions contained in this Note, or other Loan
documents, shall not be construed as a waiver by you, unless any such waiver is in writing and is signed by you.
13. COMMISSIONS. I understand and agree that you for your affiliate) will earn commissions or fees on any insurance
products, and may earn such fees on other services that I buy through you or your affiliate.
14. APPLICABLE LAW. This Note is governed by the laws of Pennsylvania, the United States of America and to the extent
required, by the laws of the jurisdiction where the Property is located. Any provision that appoints you as an agent is not
subject to the previsions of 20 Pa.C.S.A. Section 5601 at seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By
exercising any of your rights under this Note, you do so for your sole benefit.
15. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. My obligation to pay this Loan is independent of the obligation of
any other person who has also agreed to pay it. You may sue me alone, or anyone else who is obligated on this Loan, or any
number of us together, to collect this Loan. Extending this Loan or new obligations under this Loan, will not affect my duty
under this Loan and I will still be obligated to pay this Loan. The duties and benefits of this Loan will bind and benefit the
successors and assigns of you and me.
16. AMENDMENT, INTEGRATION AND SEVERABILITY. This Note may not be amended or modified by oral agreement. No
amendment or modification of this Note is effective unless made in writing and executed by you and me. This Note is the
complete and final expression of the agreement. If any provision of this Note is unenforceable, then the unenforceable
provision will be severed and the remaining provisions will still be enforceable.
17. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section
headings are for convenience only and are not to be used to interpret or define the terms of this Note.
18. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be
given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES
section, or to any other address designated in writing. Notice to one party will be deemed to be notice to all parties. I will
inform you in writing of any change in my name, address or other application information. I agree to sign, deliver, and file any
additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under
this Loan and to confirm your lien status on any Property. Time is of the essence.
19. CREDIT INFORMATION. I agree to supply you with whatever information you reasonably request. You will make requests
for this information without undue frequency, and will give me reasonable time in which to supply the information.
20. ERRORS AND OMISSIONS. I agree, if requested by you, to fully cooperate in the correction, if necessary, in the
reasonable discretion of you of any and all loan closing documents so that all documents accurately describe the loan between
you and me. I agree to assume all costs including by way of illustration and not limitation, actual expenses, legal fees and
marketing losses for failing to reasonably comply with your requests within thirty 130) days.
Clyde E DeHart Jr. _
Pennsylvania Promissory Note Initials
PA/4XXmsnody00815100004558014040605N 01998 Bankers Systems, Inc., St. Cloud, MN Fes' papa 2
WARRANT OF AUTHORITY TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights available to
you, by signing below I irrevocably authorize the prothonotary, clerk, or any attorney to appear in any court of record having
jurisdiction over this matter and to confess judgment against me at any time without stay of execution. I waive notice, service
of process, and process. I agree and understand that judgment may be confessed against me 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 you elect. I further understand that my property may be seized without prior notice to satisfy the
debt owed. I knowingly, intentionally, and voluntarily waive any and all constitutional rights I have to pre-deprivation notice
and hearing under federal and state laws and fully understand the consequences of this waiver.
By signing immedi tely low, I agree to the terms of the CONFESSION OF JUDGMENT section.
Clyde E DeHart Jr.
Individually
21. SIGNATURES. By signing under seal, I agree to the terms contained in this Note. I also acknowledge receipt of a copy of
this Note.
BORROWER:
(Seal)
Clyde E DeHart Jr.
Individually I
LENDER:
Cornersto Federal Credit Uni n
BY!/YlJal b?.Qlr (Seal)
Rox ne L. K?7inCorerstone FCU
c V / ' a -
(Attest)
Clyde E DeHart Jr.
Pennsylvania Promissory Now Initials
PA14XXmsnody00815100004558014040605N 01998 Bankers Systems, Inc., St. Cloud, MN Fes' Pape 3
APPENDIX: FEES AND CHARGES
As described in the ADDITIONAL CHARGES section of the attached Note, I agree to pay, or have paid, these additional fees
and charges.
Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay this Note
before the scheduled maturity date.
Loan Origination. A(n) Loan Origination fee of $450.00 payable from separate funds on or before today's date.
Flood Life of Loan Certification. Ain) Flood Life of Loan Certification fee of $15.00 payable from separate funds on or
before today's date.
Document Preparation. Ain) Document Preparation fee of $550.00 payable from separate funds on or before today's date.
Clyde E DeHan Jr.
Pennsylvania Promissory Note Initials U
PA/4XXmsnody0081 5 1 00004 5 5 8 01 4040805N 01996 Bankers Systems, Inc., St. Cloud, MN Ekt? Page 4
Robert D. Kodak. Esq din.
Supreme Court 1 1) 18041
KNUPP, KODAK & v1I3LUM, P.C.
Post Office 130x 118x';
407 North Front trec-
Harrisburg, PA 1 7 1 08-1 848
717-238-7151 lay: 717-238-7158
email: robert.kod ik2, reriron.nei
Attorney for Plai ;tiff
CORNERSTONE FEDERAL CREDIT UNION
Plaintiff
CLYDE E. Del IART, JR.
Defendant
ci
: IN THE COURT OF COMMON PLEASco
: CUMBERLAND COUNTY, PENNSYL"NIA
NO. 0C.. - ?tu?l ?Fiz
CIVIL DIVISION - LAW
CONFESSED JUDGMENT
CONFESSION OF JUDGMENT
Pursuam to the authority contained in the warrant of authority, a t-ue and correct copy of which is attached
to the Complaint filed in this action, 1 appear for the Defendant and confess Judgment in favor of Plaintiff and
against Defendant as I'otloics:
PrinC!pal. Amount Due .......................... ............... $ 736,967.83
Interet Amount Due ............................ ............... $ 8,891.95
1atetce .. ................................... ...............$ 308.83
Sub-Tot d ..... ............................... . ............. $ 746,168.61
Monies to be Applied ............................ $ -2,351.22
Attorney Collection Fees ........................ .............. $ 111.572.60
TOTAL ...................................... ............... 855 389.99
Judgment cantered as above.
>o 1o Diary
Robert D. Kodak, Esquire
Attorney for Defendant
Court I.D. No. 18041
' P
U?a, 4 1
Via Certified Mail No. 70033110000109549045
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on Your home is in default, and the lender intends to
foreclose.
Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able
to help to save your home. This Notice explains how the program works.
To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with you when you meet with the Counseling Agency.
The name address and phone number of Consumer Credit Counseling Agencies serving Your
County are listed at the end of this Notice. If you have any questions, you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-3422397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a lawyer.
LANOTOFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES
-AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO
COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA
UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN
PRESATMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALVAR SU CASA DE LA
HIPOTECHA.
A REDIMIR SU
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HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.
CLYDE E. DEHART, JR.
1552 HOLLY PIKE
CARLISLE, PA 17013
1005-000002
CURRENT LENDER/SERVICER: CORNERSTONE FEDERAL CREDIT UNION
% ROBERT D. KODAK, ESQUIRE
KNUPP, KODAK & IMBLUM, P.C.
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7151
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE.
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay
of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time
you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT
(30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU
MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED
"HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for
(30) days after the date of the meeting. The names, addresses and telephone numbers of designated
consumer credit counseling agencies for the county in which the property is located are set forth at
the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender
immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for specific information about the nature of your
default.) If you have tried and are unable to resolve this problem with the lender, you have the right
to apply for financial assistance from the Homeowner's Assistance Program. To do so, you must
fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with
one of the designated consumer credit counseling agencies listed at the end of this Notice. Only
consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your application
MUST be filed or postmarked within (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have
met the time requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION OF
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (bring it up to date).
Failure to make mortgage payments for the past four (4) months at $6,176.69 per
month in equal monthly payments to date. (A copy of an Amortization Schedule is attached).
Credit has been issued for all assigned rental monies received, leaving a past due balance of
$21,911.46 as of March 24, 2006.
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at:
1552 Holly Pike, South Middleton Township, Cumberland County
(Carlisle) Pennsylvania
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Principal $ 7,088.91
Interest $14,204.89
Late Fees $ 617.66
Other charges: NONE
TOTAL AMOUNT PAST DUE: $21,911.46 (as of March 24, 2006)
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH
IS $21,911.46. Payments must be made either by cash, cashier's check, certified check or mono
order made payable and sent to:
CORNERSTONE FEDERAL CREDIT UNION
% ROBERT D. KODAK, ESQUIRE
KNUPP, KODAK & IMBLUM, P.C.
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
You can cure any other default by taking the following action within THIRTY (30) DAYS of the
date of this letter. (Do not use if not applicable).
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exerciser its rights to accelerate the mortgage
debt. This means that the entire outstanding balance of this debt will be considered due immediately
and you may lose the chance to pay the mortgage in monthly installments. If full payment of the
total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct
its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case it its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period, you will not be required to pay attorney
OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid balance and
all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale
You may do so by paying the total amount then past due, plus any late or other charges then due
reasonable attomey's fees and costs connected with the foreclosure sale and any other costs
connected with the Sheriff's Sale as specified in writing by the lender and by performing any other
requirements under the mortgage. Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such
a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months
from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you
before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will be by contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Cornerstone Federal Credit Union
% Robert D. Kodak, Esquire
Address: 407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
Phone Number: 717-238-7151
Fax Number: 717-238-7158
Contact Person: Robert D. Kodak, Esquire
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership
of the mortgaged property and your right to occupy it. If you continue to live in the property after
the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be
started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee
who will assume the mortgage debt, provided that all the outstanding payments, changes and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the
mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES
IN ANY CALENDAR YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCY OR AGENCIES SERVING YOUR
COUNTY
CCCS OF WESTERN PA
970-D SOUTH GEORGE STREET
YORK, PA 17403
888-511-2227
CONTACT: MARY LOFTUS
HARRISBURG FAIR HOUSING COUNCIL
2100 NORTH 6T" STREET
HARRISBURG, PA 17110
717-238-9540
CONTACT: MARLO PAXSON
MARANTHA FINANCIAL COUNSELING SERVICES
43 PHILADELPHIA AVENUE
WAYNESBORO, PA 17268
717-261-1708
CONTACT: NATALIE NEWCOMER
RURAL OPPORTUNITIES, INC.
1500 NORTH 2ND STREET, SUITE 11
HARRISBURG, PA 17102
717-234-6616
CONTACT: MICHAEL JOHNSON
Dated: March 29, 2006
Robert D. Kodak
Knupp, Kodak & Imblum, P.C.
407 North Front Street j
Post Office Box 11848
Harrisburg, PA 17108-1848
717-238-7151 Fax: 717-238-7158
Attorney I.D. No. 18041
cc DAVE KEFFER CEO
CORNERSTONE FEDERAL CREDIT UNION
POST OFFICE BOX 1181
CARLISLE PA 17013-1811
03/29/06 WED 08:52 FA% 2498208 Cornerstone FC 2003
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ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose.
Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able
to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, You must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with you when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your
County are listed at the end of this Notice. If you have any questions, you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a lawyer.
LANOTOFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES
AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO
COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA
UNA TRADUCCION 1NMEDIATAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN
PRESATMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALVAR SU CASA DE LA
HIPOTECHA.
A REDIMIR SU
HOMEOWNER'S NAME(S)
PROPERTY ADDRESS:
LOAN ACCT. NO.
CLYDE E. DEHART, JR.
1552 HOLLY PIKE
CARLISLE, PA 17013
1005-000002
CURRENT LENDER/SERVICER: CORNERSTONE FEDERAL CREDIT UNION
% ROBERT D. KODAK, ESQUIRE
KNUPP, KODAK & IMBLUM, P.C.
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
(717)238-7151
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY VITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE.
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay
of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time
you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT
(30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU
MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED
"HOW TO CURE YOUR MORTGAGE DEFAULT_." EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for
(30) days after the date of the meeting. The names, addresses and telephone numbers of designated
consumer credit counseling _agencies for the county in which the property is located are set forth at
the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender
immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for specific information about the nature of your
default.) If you have tried and are unable to resolve this problem with the lender, you have the right
to apply for financial assistance from the Homeowner's Assistance Program. To do so, you must
fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with
one of the designated consumer credit counseling agencies listed at the end of this Notice. Only
consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your application
MUST be filed or postmarked within (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have
met the time requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION OF
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (bring it up to date)Failure to make mortgage payments for the past four (4) months at $6,176.69 per
month in equal monthly payments to date. (A copy of an Amortization Schedule is attached).
Credit has been issued for all assigned rental monies received, leaving a past due balance of
$21,911.46 as of March 24, 2006.
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at:
1552 Holly Pike, South Middleton Township, Cumberland County
(Carlisle) Pennsylvania
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Principal $ 7,088.91
Interest $14,204.89
Late Fees $ 617.66
Other charges: NONE
TOTAL AMOUNT PAST DUE: $21,911.46 (as of March 24, 2006)
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH
IS $21,911.46. Pgments must be made either by cash. cashier's check, certified check or money
order made payable and sent to:
CORNERSTONE FEDERAL CREDIT UNION
% ROBERT D. KODAK, ESQUIRE
KNUPP, KODAK & IMBLUM, P.C.
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
You can cure any other default by taking the following action within THIRTY (30) DAYS of the
date of this letter. (Do not use if not applicable).
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exerciser its rights to accelerate the mortgage
debt. This means that the entire outstanding balance of this debt will be considered due immediately
and you may lose the chance to pay the mortgage in monthly installments. If full payment of the
total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct
its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case it its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period. You will not be required to pay attorney's fees.
OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid balance and
all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale.
You may do so by imvina the total amount then past due, plus any late or other charges then due,
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs
connected with the Sheriff's Sale as specified in writing by the lender and by performing any other
requirements under the mortgage. Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such
a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months
from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you
before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will be by contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Cornerstone Federal Credit Union
% Robert D. Kodak, Esquire
Address: 407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
Phone Number: 717-238-7151
Fax Number: 717-238-7158
Contact Person: Robert D. Kodak; Esquire
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership
of the mortgaged property and your right to occupy it. If you continue to live in the property after
the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be
started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee
who will assume the mortgage debt, provided that all the outstanding payments, changes and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the
mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT ORTO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES
IN ANY CALENDAR YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCY OR AGENCIES SERVING YOUR
COUNTY
CCCS OF WESTERN PA
970-D SOUTH GEORGE STREET
YORK, PA 17403
888-511-2227
CONTACT: MARY LOFTUS
HARRISBURG FAIR HOUSING COUNCIL
2100 NORTH 6T" STREET
HARRISBURG, PA 17110
717-238-9540
CONTACT: MARLO PAXSON
MARANTHA FINANCIAL COUNSELING SERVICES
43 PHILADELPHIA AVENUE
WAYNESBORO, PA 17268
717-261-1708
CONTACT: NATALIE NEWCOMER
RURAL OPPORTUNITIES, INC.
1500 NORTH 2ND STREET, SUITE 11
HARRISBURG, PA 17102
717-234-6616
CONTACT: MICHAEL JOHNSON
Dated: March 29, 2006
Robert D. Kodak
Knupp, Kodak & Imblum, P.C.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
717-238-7151 Fax: 717-238-7158
Attorney I.D. No. 18041
cc DAVE KEFFER CEO
CORNERSTONE FEDERAL CREDIT UNION
POST OFFICE BOX 1181
CARLISLE PA 17013-1811
03/29/06 WED 08:52 FAX 2498208
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I, DAVE KEFFER, CEO 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 penalties
of 18 Pa. C. S. §4904, relating to unswom falsification to authorities.
CORNERSTONE FEDERAL CREDIT UNION
h..-
Dave Keller, CEO
Dated: 5 - / S- U b
3050377
F:\USER\BONNIEIO\FORECL\WORK\Crmstme-DeHan\comprwpd:12May06
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CORNERSTONE FEDERAL CREDIT UNION
CLYDE E. DEHART, JR.
TO THE PROTHONOTARY:
V.
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-2909
CIVIL ACTION - LAW
PRAECIPE TO REINSTATE COMPLAINT
Please reinstate the Complaint in the above-referenced matter for deputized service by the
Sheriff of Tioga Countyto serve Defendant at the address of 439 East Main Street, Westfield, Tioga
County, Pennsylvania 16950.
TO: Cumberland County
Prothonotary
Dated: June 15. 2006
Robert D. Kodak Attorney for Plaintiff
Attorney I.D. No. 18041
#3-05-0377
I
f1i'1
c+a :r
CIO
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-02909 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CORNERSTONE FEDERAL CREDIT UNI
VS
DEHART CLYDE E JR
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
unable to locate Him in his bailiwick.
COMPLAINT - MORT FORE ,
LA was
He therefore returns the
NOT FOUND , as to
the within named DEFENDANT , DEHART CLYDE E JR
1552 HOLLY PIKE
CARLISLE, PA 17013
DEFENDANT NOT AT 1552 HOLLY PIKE OR AT
50 BONNYBROOK ROAD
Sheriff's Costs: So answers "-
Docketing 18.00
Service 8.80
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
41.80,,/ KNUPP KODAK IMBLUM
1-0-04 05/31/2006
Sworn and Subscribed to before
me this day of ,
A. D.
t
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-02909 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CORNERSTONE FEDERAL CREDIT UNI
VS
DEHART CLYDE E JR
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
DEHART CLYDE E JR
but was unable to locate Him
deputized the sheriff of TIOGA
in his bailiwick. He therefore
serve the within COMPLAINT - MORT FORE
County, Pennsylvania, to
On July 20th , 2006 , this office was in receipt of the
attached return from TIOGA
Sheriff's Costs: So answers
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Tioga County 57.38 Sheriff of Cumberland County
Postage 3.18
97.56 1/3?oc.
07/20/2006
KNUPP KODAK IMBLUM
Sworn and subscribe to before me
this day of
A. D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Cornerstone Federal Credit Union
VS.
Clyde E. Dehart Jr
No. 06-2909 civil
Now, June 19, 2006
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Tioga County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,A1 lft? , 20&_, at It 5 o'clock P M. served the
1 n I It.-, , 1 a« _
within 1 I
upon
at
by handing to
a KYAC , dm copy of the original
T
and made known to 0A Vcic C . W cci ?r the contents thereof.
So answers,
Sheriff of County, PA
Ui }- cy
r.?
N
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
TIOGA COUNTY SHERIFF'S OFFICE
JOHN L. PERRY, SHERIFF
Office Phone: 116 MAIN STREET
570-724-3491 WELLSBORO, PENNSYLVANIA 16901
THOMAS G. SMITH
Chief Deputy
SHERIFF'S RETURN P - 307-06
CORNERSTONE FEDERAL CREDIT UNION No: CUMBERLAND COUNTY 06-2909
PLAINTIFF
VS
CLYDE D. DEHART JR.
DEFENDANT
Writ: NOTICE / COMPLAINT
NOW, June 28 2006 at 1:05 served the within
NOTICE / COMPLAINT
upon CLYDE D. DEHART JR.
at 439 EAST MAIN STREET
WESTFIELD PA 16950
by handing to MARY LOU EASTON
a true and attested copy of the original NOTICE / COMPLAINT
and made known to HIM the contents thereof.
So answers,
Prison Phone:
570-724-5911
BRUCE CAHILLY
Solicitor
She iff
Deputy S er f
Sworn and Subscribed before me
this day of
20,0,,/
Notarial Seal
Barbara Sargent, Notary Pubbo
Wellsboro Boro, Tloga Cow*
My Commission Expires Oct. 28, 3009
CORNERSTONE FEDERAL CREDIT UNION
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-2909 CIVIL TERM
CLYDE E. DEHART, JR. CIVIL DIVISION -LAW
Defendant : IN MORTGAGE FORECLOSURE
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAEC1 PE FOR DEFAULT JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant(s), CLYDE E. DEHART, JR., named for failure
to file within the required time an Answer to the Complaint in Mortgage Foreclosure in the above-captioned
case and assess the Plaintiffs damages as follows:
Amount claimed in Plaintiffs Complaint $855,389.99
Interest at the rate of 7.750% per annum from January 10, 2006 $69,054.90
Total $924,444.89
It is hereby certified that a written notice of intention to file this Praecipe was mailed to the Defendant(s) and
his/her attorney of record, after the default occurred and at least ten (10) days prior to the date of the filing of
this Praecipe. See Exhibits A & B attached.
KODAK & IM MUM,
1oq Robert D. Kodak, Attorney for Plaintiff
DATED: 11 Judgment entered and damages assessed as above.
Prothonotary
LAW OFFICES OF
KODAK & IMBLUM, P.C.
Robert D. Kodak CAMERON MANSION
Gary j. bnblum 407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
kki.law®verizonnet
January 18, 2007
CLYDE E DEHART JR
439 EAST MAIN STREET
WESTFIELD PA 16950
RE: Cornerstone Federal Credit Union
VS: Clyde E. Dehart, Jr.
No. 2006-2909, Court of Common Pleas
Cumberland County, Pennsylvania (In Mortgage Foreclosure)
Our File No. 3-05-0377
Dear Mr. DeHart:
i el R
717.238.7159
Facsimile
717.238.7158
In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing herewith
a Notice of a Praecipe to Enter Judgment by Default. 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 in Mortgage Foreclosure 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, to enter Judgment against you in the amount as set forth in
said Complaint.
Very truly yours,
KODAK & IMBLUM, P.C.
Robert D. Kodak
THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
RDK/kqb
enclosure
cc: DAVID G KEFFER - CEO
CORNERSTONE FEDERAL CREDIT UNION
PO BOX 1181
CARLISLE PA 17013-1811
JAMES D FLOWER JR ESQUIRE f
26 W. HIGH STREET
CARLISLE PA 17013 _?--
-0
,? ? ? fs r
CORNERSTONE FEDERAL CREDIT UNION
Plaintiff
v.
CLYDE E. DEHART, JR.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-2909 CIVIL TERM
CIVIL DIVISION -LAW
IN MORTGAGE FORECLOSURE
EMPORTANT NOTICE
TO: CLYDE E. DEHART. JR., Defendant(s)
DATE OF NOTICE: JANUARY 18. 2007
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WftH THE
COURT YOURDEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A 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
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
t ? t"'l T
rn T
-W 7,
....J CD t ?lJ
V .. ,
CORNERSTONE FEDERAL CREDIT UNION: IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V.
CLYDE E. DEHART, JR.
Defendant
: NO. 06-2909 CIVIL TERM
CIVIL DIVISION -LAW
IN MORTGAGE FORECLOSURE
TO:
You are hereby notified that on
(Judgment) has been entered against you
I hereby certify that the name and address of We proper person(s) to receive this
notice is:
s)
, 200-7the following
case.
Tudgment entered in the amount of $924,444.89.
DATE: / I /,I,? - ?
Pr onotar
CLYDE E DEHART JR
439 EAST MAIN STREET
WESTFIELD PA 1695,0-?
Dated: Tanuary 29, 2007
obert D. Kodak, Attorney ForTW-tdW
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: El Confessed Judgment
CORNERSTONE FEDERAL CREDIT ® Other: IN MORTGAGE FORECLOSURE
UNION, Plaintiff File No. 06-2909 CIVIL
vs. Amount Due $ 924,444.89
Interest (from date of Judgment A 7.750%)
CLYDE E. DEHART, JR., Defendant : Atty's Comm
: Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, or account
based on a confession of judgment but if it does, it is based on the appropriate original proceeding filed pursuant to
Act 7of 1966 as amended and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County for debt, interest and costs upon the
following described property of the defendant(s)
Real property situate and known as 1552 Holly Pike South Middleton Township Cumberland County, PA, also
identified as Tax Parcel No. 40-10-0632-036
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six
copies of the description; supply four copies of lengthy personalty list)
And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
? (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s)
described in the attached exhibit.
Date: March 12, 2007 Signature.
Robert D. Kodak
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
Attorney for Plaintiff
717.238.7152 Fax: 717.238.7158
email: robert.kodak@verizon.net
Supreme Court I.D. No. 18041
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-2909 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CORNERSTONE FEDERAL CREDIT UNION,
Plaintiff (s)
From CLYDE E. DEHART, JR.
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
are suject to attachment is
(3) If property of the defendant(s) not levied
notify him/her that he/she has been added as a
of anyone other than a named garnishee, y
garnishee and is enjoined as above stated.
Amount Due $924,444.89
L.L. $.50
Interest FROM DATE OF JUDGMENT @ 7.750%
Atty's Comm % Due Prothy $1.00
Atty Paid $221.36
Plaintiff Paid
Date: MARCH 13, 2007
(Seal)
Other Costs
Curtis R. Long, Prothonotary
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: 407 NORTH FRONT STREET
PO BOX 11848
HARRISBURG, PA 17108-1848
Attorney for: PLAINTIFF
Telephone: 717-238-7152
Supreme Court ID No. 18041
5.
6.
7
Name and Address of every other person who has any record lien on their property:
Name
Tax Claim Bureau
Cumberland County
Address
Courthouse
One Courthouse Square
Carlisle, PA 17013
Name and Address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Name
Address
Name and Address of every other person of whom the Plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Name
Judy A. Campbell, Tax Collector
South Middleton Township
Address
Post Office Box 300
Boiling Springs, PA 17007
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge, information or belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904 relating to uns 7n falsification authorities.
Dated:- 7112-117 Robert D. Kodak
Kodak & Imblum, P.C.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7152
Attorney I.D. No. 18041
Attorney for Plaintiff
LEGAL DESCRIPTION
1552 HOLLY PIKE SOUTH MIDDLETON TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
ALL that certain tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a Final Plan of Minor Subdivision for Floyd
E. Weibley, dated April 5, 1984, and recorded in the Office of the Recorder of Deeds for Cumberland
County in Plan Book 46, Page 1, as follows:
BEGINNING at a steel pin in the center line of Pennsylvania Route 34, said point being on the
dividing line between Lots Nos. 1 and 3 on the above-mentioned Plan of Lots; thence by said center
line, South 09 degrees 52 minutes 10 seconds West 490.95 feet to a point on the dividing line between
Lots Nos. 1 and 2 on the above-mentioned Plan of Lots; thence by said dividing line, North 60 degrees
59 minutes 05 seconds West 394.63 feet to a steel pin; thence by the same, North 56 degrees 11
minutes 40 seconds West 417.84 feet to a steel pin at a post; thence by the same, North 39 degrees 22
minutes 15 seconds West 251.39 feet to a post; thence by land now or formerly of Paul R. Teitrick, Jr.,
North 41 degrees 46 minutes 5 seconds East 134.19 feet to a steel pin; thence by the dividing line
between Lots Nos. 1 and 3 on the above-mentioned Plan of Lots, South 39 degrees 22 minutes 15
seconds East 252.44 feet to a steel pin; thence by the same, South 56 degrees 11 minutes 40 seconds
East 359.89 feet to a steel pin; thence by the same, North 43 degrees 20 minutes 50 seconds East 299.9
feet to a steel pin; thence by the same, South 72 degrees 28 minutes 10 seconds East 190.31 feet to a
steel pin, the Place of BEGINNING.
CONTAINING 5.148 acres (4.592 acres not including dedicated right-of-way), and being Lot
No. 1 on the aforesaid Subdivision Plan.
BEING the same premises which Paul E. Weibley, by his Deed dated April 8, 2005, and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania on April
8, 2005, in Book 268 at Page 1684, granted and conveyed unto Clyde E. DeHart, Jr..
ALSO BEING identified as Tax Parcel No. 40-10-0632-036, and known as 1552 Holly Pike,
Carlisle, Pennsylvania.
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CORNERSTONE FEDERAL CREDIT
UNION
Plaintiff
VS.
CLYDE E. DEHART,DJR.
efendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
IN MORTGAGE FORECLOSURE
NO. 06-2909 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129.1
Cornerstone Federal Credit Union, Plaintiff in the above action, sets forth as of the date
the issued Writ of Execution was filed, the following information concerning the real property
located at South Middleton Township, Cumberland County, Pennsylvania, the same being more
particularly described in Exhibit "A" attached.
1. Name and Address of Owners or Reputed Owners:
Name Address
Clyde E. DeHart, Jr. 439 East Main Street
Westfield, PA 16950
2. Name and Address of Defendants in the judgment:
Name Address
Clyde E. DeHart, Jr. 439 East Main Street
Westfield, PA 16950
3. Name and Address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address
Cornerstone Federal Credit Union 5 East Gate Drive
Carlisle, PA 17013
James Thouloumes, Jr. 3 W. Pine Street, Apt. 1-A
Mt. Holly Springs, PA 17065
4. Name and Address of the last recorded holder of every mortgage of record:
Name Address
Cornerstone Federal Credit Union 5 East Gate Drive
Carlisle, PA 17013
CORNERSTONE FEDERAL CREDIT
UNION
Plaintiff
VS.
CLYDE E. DEHART, JR.
Defendant
TAKE NOTICE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
IN MORTGAGE FORECLOSURE
: NO. 06-2909 CIVIL
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: WEDNESDAY, JUNE 13, 2007
TIME: 10:00 a, m., prevailing time
LOCATION: Cumberland County Courthouse
One Courthouse Square, Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mailing consisting of a
statement of the measured boundaries of the property, together with a brief mention of the buildings and any
other major improvements on the land. (SEE DESCRIPTION ATTACHED)
THE LOCAL of the property to be sold is:
1552 Holly Pike, South Middleton Township, Carlisle, Pennsylvania
THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within
Commonwealth and County to:
No. 06-2909 Civil Term
Court of Common Pleas, Cumberland County, PA
KODAK & IM" B' P.C.
by. Robert D. Kodak
Attorney for Plaintiff
LEGAL DESCRIPTION
1552 HOLLPI OO??DDENNSOY VAN ASHIP
CUMBERLAND,
ALL that certain tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a Final Plan of Minor Subdivision for Floyd
E. Weibley, dated April 5, 1984, and recorded in the Office of the Recorder of Deeds for Cumberland
County in Plan Book 46, Page 1, as follows:
BEGINNING at a steel pin in the center line of Pennsylvania Route 34, said point being on the
dividing line between Lots Nos. 1 and 3 on the above-mentioned Plan
point on the dividing line between
line, South 09 degrees 52 minutes 10 seconds West 490.95 feet to a p
thence by said dividing line, North 60 degrees
Lots Nos. 1 and 2 on the above-mentioned Plan of Lots;
59 minutes OS seconds West 394.63 feet to a steel pin; thence by the same, North 56 degrees 1 1
thence by the same, North 39 degrees 22
minutes 40 seconds West 417.84 feet to a steel pin at a post;
minutes 15 seconds West 251.39 feet to a post; thence by land now or formerly of Paul R. Teitrick, Jr.,
thence b the dividing line pin; North 41 degrees 46 minutes 5 seconds Easent134.19 feet ioned Plan, Lot elSouth 39 degrees 22 minutes 15
between Lots Nos. 1 and 3 on the above m
seconds East 252.44 feet to a steel pin; thence by the same, South 56 degrees 11 minutes 40 seconds
East 359.89 feet to a steel pin; thence by the same, North 43 degrees 20 minutes 50 seconds East 299.9
feet to a steel pin; thence by the same, South 72 degrees 28 minutes 10 seconds East 190.31 feet to a
steel pin, the Place of BEGINNING.
CONTAINING 5.148 acres (4.592 acres not including dedicated right-of-way), and being Lot
No. 1 on the aforesaid Subdivision Plan.
BEING the same premises which Paul E. Weibley, by his Deed dated April 8, 2005, and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania on April
8, 2005, in Book 268 at Page 1684, granted and conveyed unto Clyde E. DeHart, Jr..
ALSO BEING identified as Tax Parcel No. 40-10-0632-036, and known as 1552 Holly Pike,
Carlisle, Pennsylvania.
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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
717-238-7152 Fax: 717-238-7158
email: robert.kodak@verizon.net
AtfnrnP3? fnr Plaintiff
CORNERSTONE FEDERAL CREDIT
UNION
Plaintiff
vs.
CLYDE E. DEHART, JR.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
IN MORTGAGE FORECLOSURE
NO. 06-2909 CIVIL
CERTIFICATE OF SERVICE
PURSUANT TO Pa. R.C.P. 3129.2(c)(2)
AND NOW, this 20 day of April, 2007, comes ROBERT D. KODAK, ESQUIRE, KODAK &
IMBLUM, P.C., attorneys for the Plaintiff in the captioned matter, and hereby certifies that service on
the Defendant and Judgment lien holder(s) of the Notice of Sheriffs Sale, Affidavit Pursuant to Rule
3129.1 and legal description was made on April 20, 2007, by:
( ) Personal service by the Sheriffs Office/competent adult (copy of return attached).
( ) Certified mail by Robert D. Kodak, Esquire to Defendant(s) (original green postal return receipt
attached).
( ) Certified mail by Sheriffs Office.
( ) Ordinary mail by Robert D. Kodak, Esquire to Attorney for Defendant(s) (PS 3817 attached).
(?) Ordinary mail by Robert D. Kodak, Esquire to Defendant and Judgment lien holder (PS 3817
originals attached hereto).
( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment
attached).
( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER:
( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached).
( ) Certified Mail and ordinary mail by Sheriffs Office (copy of return attached).
( ) Pursuant to the Affidavit under Rule 3129, service on all lienholders (if any) has been made by
ordinary mail by Robert D. Kodak, Esquire (copies of Postal Service Forms 3817 attached).
The undersigned understands that the statements herein are subject to the penalties provided by
18 P.S. §4904.
Respectfully submitted,
KODAK & IMBLUM, P.C.
d
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7152
Attorney I.D. No. 18041
Attorney for Plaintiff
CORNERSTONE FEDERAL CREDIT
UNION
Plaintiff
vs.
CLYDE E. DEHART, JR.
Defendant
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
Received From:
P.O. BOX 11848
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PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
Received From: rte;
P.O. BOX 11848 \?,?
HA ISBURC3, PA 17143-184
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PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
IN MORTGAGE FORECLOSURE
NO. 06-2909 CIVIL
TO
MAY BE USED FOR DOMESTIC ND ,. j
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CORNERSTONE FEDERAL CREDIT
UNION
Plaintiff
VS.
CLYDE E. DEHART, JR.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
IN MORTGAGE FORECLOSURE
NO. 06-2909 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129.1
Cornerstone Federal Credit Union, Plaintiff in the above action, sets forth as of the date
the issued Writ of Execution was filed, the following information concerning the real property
located at South Middleton Township, Cumberland County, Pennsylvania, the same being more
particularly described in Exhibit "A" attached.
1.
2.
3.
Name and Address of Owners or Reputed Owners:
Name Address
Clyde E. DeHart, Jr. 439 East Main Street
Westfield, PA 16950
Name and Address of Defendants in the judgment:
Name Address
Clyde E. DeHart, Jr. 439 East Main Street
Westfield, PA 16950
Name and Address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
Cornerstone Federal Credit Union
James Thouloumes, Jr.
Address
5 East Gate Drive
Carlisle, PA 17013
3 W. Pine Street, Apt. 1-A
Mt. Holly Springs, PA 17065
4. Name and Address of the last recorded holder of every mortgage of record:
Name
Cornerstone Federal Credit Union
Address
5 East Gate Drive
Carlisle, PA 17013
5.
6.
7.
Name and Address of every other person who has any record lien on their property:
Name
Tax Claim Bureau
Cumberland County
Address
Courthouse
One Courthouse Square
Carlisle, PA 17013
Name and Address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Name
Address
Name and Address of every other person of whom the Plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Name
Judy A. Campbell, Tax Collector
South Middleton Township
Address
Post Office Box 300
Boiling Springs, PA 17007
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge, information or belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904 relating to un f cation to aWhorities.
Dated: April 20, 2007
Robert D. Kodak
Kodak & Imblum, P.C.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7152
Attorney I.D. No. 18041
Attorney for Plaintiff
SHERIFF'S SALE DESCRIPTION
By virtue of a Writ of Execution No. 06-2909 Civil, issued out of the Court of Common
Pleas of Cumberland County, directed to me, there will be exposed to public sale, by vendue or
outcry to the highest and best bidders, for cash, in the Courthouse of Cumberland County,
Pennsylvania, on June 13, 2007, at 10:00 o'clock a.m. in the forenoon of said day, all the right,
title and interest of the Defendants in and to:
ALL that certain tract of land situate in South Middleton Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a Final Plan of
Minor Subdivision for Floyd E. Weibley, dated April 5, 1984, and recorded in the
Office of the Recorder of Deeds for Cumberland County in Plan Book 46, Page 1,
as follows:
BEGINNING at a steel pin in the center line of Pennsylvania Route 34, said point
being on the dividing line between Lots Nos. 1 and 3 on the above-mentioned
Plan of Lots; thence by said center line, South 09 degrees 52 minutes 10 seconds
West 490.95 feet to a point on the dividing line between Lots Nos. I and 2 on the
above-mentioned Plan of Lots; thence by said dividing line, North 60 degrees 59
minutes 05 seconds West 394.63 feet to a steel pin; thence by the same, North 56
degrees 11 minutes 40 seconds West 417.84 feet to a steel pin at a post; thence by
the same, North 39 degrees 22 minutes 15 seconds West 251.39 feet to a post;
thence by land now or formerly of Paul R. Teitrick, Jr., North 41 degrees 46
minutes 5 seconds East 134.19 feet to a steel pin; thence by the dividing line
between Lots Nos. 1 and 3 on the above-mentioned Plan of Lots, South 39
degrees 22 minutes 15 seconds East 252.44 feet to a steel pin; thence by the same,
South 56 degrees 11 minutes 40 seconds East 359.89 feet to a steel pin; thence by
the same, North 43 degrees 20 minutes 50 seconds East 299.9 feet to a steel pin;
thence by the same, South 72 degrees 28 minutes 10 seconds East 190.31 feet to a
steel pin, the Place of BEGINNING.
LAW OFFICES OF
KODAK & IMBLUM, P.C.
CAMERON MANSION Telephone
Robert D. Kodak 407 NORTH FRONT STREET 717.238.7152
Gary J. Imblum POST OFFICE BOX 11848 Facsimile
HARRISBURG, PA 17108-1848 717.238.7158
kki.law®verizon.net
April 20, 2007
NOTICE TO:
(appropriate addressee)
NOTICE IS HEREBY GIVEN to the Defendant in the within action and those parties who hold one or
more mortgages, judgements or tax liens against the real estate which is the subject of the Notice of Sale
pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of
Common Pleas of the within County on the udgment of the Plaintiff named herein, the said real estate will be
exposed to public sale on Wednesday, the 1`h day of June, 2007, at 10:00 o'clock a.m., prevailing time, at the
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013.
YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested
by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs
Sale.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE
JUDGMENT.
You may have legal rights to prevent your property from being taken away. A lawyer can advise you
more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE
LEGAL ADVICE:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the "within County to open the
judgment if you have a meritorious defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of a legal defect u1 the obligation or the
procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within
County to set aside the Sale for a grossly inadequate price or for other proper cause. This Petition MUST BE
FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
I . A Petition or Petitions raising the legal issues or rights mentioned in the preceding paragraphs
must be resented to the Court of Common Pleas of the within County. The Petition must be served on the
attorney for the creditor or on the creditor before presentation to the Court and a proposed Order or Rule must
be attached to the Petition.
If a specific return date is desired, such date must be obtained from the Court Administrator's
Office - Civil Division, of the within County Courthouse, before a presentation of the Petition to the Court.
KODAK & IMBLUM, P.C.
by:
Robert D. Kodak
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
CORNERSTONE FEDERAL CREDIT
UNION, Plaintiff
VS.
CLYDE E. DEHART, JR., Defendant
? Confessed Judgment
® Other: IN MORTGAGE FORECLOSURE
File No. 06-2909 CIVIL
Amount Due $ 924,444.89
Interest (from date of Judgment n 7.750%)
Atty's Comm $
Costs $
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, or account
based on a confession of judgment but if it does, it is based on the appropriate original proceeding filed pursuant to
Act 7of 1966 as amended and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County for debt, interest and costs upon the
following described property of the defendant(s)
Real property situate and known as 1552 Hollv Pike. South Middleton Township. Cumberland County. PA. also
identified as Tax Parcel No. 40-10-0632-036
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six
copies of the description; supply four copies of lengthy personalt; list)
And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
? (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s)
described in the attached exhibit.
Date: March 12, 2007 Signature:
Robert D. Kodak
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
Attorney for Plaintiff
717.238.7152 Fax: 717.238.7158
email: robert.kodak@verizon.net
Supreme Court I.D. No. 18041
CORNERSTONE FEDERAL CREDIT
UNION
Plaintiff
VS.
CLYDE E. DEHART, JR.
Defendant
TAKE NOTICE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
IN MORTGAGE FORECLOSURE
NO. 06-2909 CIVIL
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: WEDNESDAY, JUNE 13, 2007
TIME: 10:00 a, in., prevailing time
LOCATION: Cumberland County Courthouse
One Courthouse Square, Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mailing consisting of a
statement of the measured boundaries of the property, together with a brief mention of the buildings and any
other major improvements on the land. (SEE DESCRIPTION ATTACHED)
THE LOCAL of the property to be sold is:
1552 Holly Pike, South Middleton Township, Carlisle, Pennsylvania
THE JUDGMENT under or pursuant to which the property is being sold is docketed in the within
Commonwealth and County to:
No. 06-2909 Civil Term
Court of Common Pleas, Cumberland County, PA
KODAK
by:
Robert D. Kodak
Attorney for Plaintiff
SHERIFF'S SALE DESCRIPTION
By virtue of a Writ of Execution No. 06-2909 Civil, issued out of the Court of Common
Pleas of Cumberland County, directed to me, there will be exposed to public sale, by vendue or
outcry to the highest and best bidders, for cash, in the Courthouse of Cumberland County,
Pennsylvania, on June 13, 2007, at 10:00 o'clock a.m. in the forenoon of said day, all the right,
title and interest of the Defendants in and to:
ALL that certain tract of land situate in South Middleton Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a Final Plan of
Minor Subdivision for Floyd E. Weibley, dated April 5, 1984, and recorded in the
Office of the Recorder of Deeds for Cumberland County in Plan Book 46, Page 1,
as follows:
BEGINNING at a steel pin in the center line of Pennsylvania Route 34, said point
being on the dividing line between Lots Nos. 1 and 3 on the above-mentioned
Plan of Lots; thence by said center line, South 09 degrees 52 minutes 10 seconds
West 490.95 feet to a point on the dividing line between Lots Nos. 1 and 2 on the
above-mentioned Plan of Lots; thence by said dividing line, North 60 degrees 59
minutes 05 seconds West 394.63 feet to a steel pin; thence by the same, North 56
degrees 11 minutes 40 seconds West 417.84 feet to a steel pin at a post; thence by
the same, North 39 degrees 22 minutes 15 seconds West 251.39 feet to a post;
thence by land now or formerly of Paul R. Teitrick, Jr., North 41 degrees 46
minutes 5 seconds East 134.19 feet to a steel pin; thence by the dividing line
between Lots Nos. 1 and 3 on the above-mentioned Plan of Lots, South 39
degrees 22 minutes 15 seconds East 252.44 feet to a steel pin; thence by the same,
South 56 degrees 11 minutes 40 seconds East 359.89 feet to a steel pin; thence by
the same, North 43 degrees 20 minutes 50 seconds East 299.9 feet to a steel pin;
thence by the same, South 72 degrees 28 minutes 10 seconds East 190.31 feet to a
steel pin, the Place of BEGINNING.
CONTAINING 5.148 acres (4.592 acres not including dedicated right-of-way),
and being Lot No. 1 on the aforesaid Subdivision Plan.
BEING the same premises which Paul E. Weibley, by his Deed dated April 8,
2005, and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania on April 8, 2005, in Book 268 at Page 1684, granted and
conveyed unto Clyde E. DeHart, Jr..
ALSO BEING identified as Tax Parcel No. 40-10-0632-036, and known
NOTICE IS HEREBY GIVEN to all claimants and parties in interest that the Sheriff
will, within thirty (30) days thereafter, file a schedule of distribution in his office, where the
same will be available for inspection and the distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten (10) days thereafter.
SEIZED AND TAKEN into execution at the suit of Cornerstone Federal Credit Union
against Charles E. DeHart, Jr., and will be sold by:
Sheriff of Cumberland County
Kodak & Imblum, P.C.
Attorneys for Plaintiff
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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
717-238-7152 Fax: 717-238-7158
email: robert.kodak@verizon.net
Attmm?.14 fnr Plaintiff
CORNERSTONE FEDERAL CREDIT IN THE COURT OF COMMON PLEAS
UNION CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS. CIVIL ACTION -LAW
CLYDE E. DEHART, JR. IN MORTGAGE FORECLOSURE
Defendant NO. 06-2909 CIVIL
SUPPLEMENTAL
CERTIFICATE OF SERVICE
PURSUANT TO Pa. R.C.P. 3129.2(c)(2)
AND NOW, this 8" day of May. 2007, comes ROBERT D. KODAK, ESQUIRE, KODAK &
IMBLUM, P.C., attorneys for the Plaintiff in the captioned matter, and hereby certifies that service on
the Defendant and Judgment lien holder(s) of the Notice of Sheriffs Sale, Affidavit Pursuant to Rule
3129.1 and legal description was made on April 20, 2007, by:
( ) Personal service by the Sheriffs Office/competent adult (copy of return attached).
( ) Certified mail by Robert D. Kodak, Esquire to Defendant(s) (original green postal return receipt
attached).
( ) Certified mail by Sheriffs Office.
( ) Ordinary mail by Robert D. Kodak, Esquire to Attorney for Defendant(s) (PS 3817 attached).
(?) Ordinary mail by Robert D. Kodak, Esquire to Defendant and Mortgage/Judgment lien holders
(PS 3817 originals attached hereto).
( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment
attached).
( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER:
( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached).
( ) Certified Mail and ordinary mail by Sheriffs Office (copy of return attached).
( ) Certified Mail and ordinary mail by Robert D. Kodak, Esquire (original green postal return
receipt attached).
( } Pursuant to the Affidavit under Rule 3129, service on all lienholders (if any) has been made by
ordinary mail by Robert D. Kodak, Esquire (copies of Postal Service Forms 3817 attached).
The undersigned understands that the statements herein are subject to the penalties provided by
18 P.S. §4904.
Respectfully submitted,
KODAK & P.C.
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7152
Attorney I.D. No. 18041
Attorney for Plaintiff
CORNERSTONE FEDERAL CREDIT
UNION
Plaintiff
VS.
CLYDE E. DEHART, JR.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: IN MORTGAGE FORECLOSURE
NO. 06-2909 CIVIL
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
ANY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
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Received Fro
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CORNERSTONE FEDERAL CREDIT
UNION
Plaintiff
VS.
CLYDE E. DEHART, JR.
Defendant
U.S. POSTAL SERVICE CERTIFICATE OF MARMIS
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
Received From:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
IN MORTGAGE FORECLOSURE
NO. 06-2909 CIVIL
KNUPP, KODAK & IMBLUM, P.C.„
.0. BOX 11845 S1 rr;, M j a UNIrtQ
HARRISBURG, PA 171 Gam'-1648 of ordinary mail addressed to:
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PS Form 3817, January 2001
U.S. POSTAL SERVICE
MAY BE USED FOR DOMES'
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HARRISBURG, PA 17188-1848
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IV,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Cornerstone Federal Cr Un is the grantee the same having been sold to said
grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 13th
day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006
Number 2909, at the suit of Cornerstone Fed Cr Un against Clyde E Dehart Jr is duly recorded in Deed
Book No. 281, Page 44.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this l day of
A. D. 0??
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.4
of Deeds
Cornerstone Federal Credit Union
VS
Clyde E. DeHart, Jr.
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2006-2909 Civil Term
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: Clyde E. DeHart, Jr., but was
unable to locate him in his bailiwick. He therefore deputized the Sheriff of Tioga County,
Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law.
Tioga County Return: And now, April 26, 2007 at 1325 hours served the within Real Estate
Writ, Notice and Description upon Clyde E. DeHart, Jr. by personally handing to Tavia DeHart,
wife of Clyde E. DeHart, Jr., a true attested copy of the original Real Estate Writ, Notice and
Description and making known to her the contents thereof at 4499 Rt. 49, Knoxville, PA. So
answers: Thomas Smith, Deputy Sheriff of Tioga County, PA.
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April
12, 2007 at 1502 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Clyde E. DeHart, Jr. located at 1552
Holly Pike, Carlisle, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Clyde E.
DeHart, by regular mail to his last known address of 4499 Rt. 49, Knoxville, PA 16928. This letter
was mailed under the date of April 30, 2007 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 2007 at
10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Robert Kodak, on behalf of
Cornerstone Federal Credit Union. It being the highest bid and best price received for the same,
Cornerstone Federal Credit Union, of 5 East Gate Drive, Carlisle, PA 17013, being the buyer in this
execution, paid to Sheriff R. Thomas Kline the sum of $1201.26.
Sheriffs Costs:
Docketing $30.00
Poundage 23.56
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 4.80
Levy 15.00
Surcharge 20.00
Out of County 9.00
Tioga County 91.78
Law Journal 455.00
Patriot News 381.95
Share of Bills 16.17
Distribution of Proceeds 25.00
Sheriffs Deed 39.50 ?Ib `?e7
d OI .:z t, sJ n V '? -' '
:
So Answer
Poet,
R. Thomas Kline, Sheriff
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BY
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4P IV
CORNERSTONE FEDERAL CREDIT
UNION
Plaintiff
vs.
CLYDE E. DEHART, JR.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NO. 06-2909 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129.1
Cornerstone Federal Credit Union, Plaintiff in the above action, sets forth as of the date
the issued Writ of Execution was filed, the following information concerning the real property
located at South Middleton Township, Cumberland County, Pennsylvania, the same being more
particularly described in Exhibit "A" attached.
1. Name and Address of Owners or Reputed Owners:
Name Address
Clyde E. DeHart, Jr. 439 East Main Street
Westfield, PA 16950
2. Name and Address of Defendants in the judgment:
Name Address
Clyde E. DeHart, Jr. 439 East Main Street
Westfield, PA 16950
3. Name and Address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address
Cornerstone Federal Credit Union 5 East Gate Drive
Carlisle, PA 17013
James Thouloumes, Jr. 3 W. Pine Street, Apt. 1-A
Mt. Holly Springs, PA 17065
4. Name and Address of the last recorded holder of every mortgage of record:
Name
Cornerstone Federal Credit Union
Address
5 East Gate Drive
Carlisle, PA 17013
Name and Address of every other person who has any record lien on their property:
5.
Name
Tax Claim Bureau
Cumberland County
Address
Courthouse
One Courthouse Square
Carlisle, PA 17013
Name and Address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
6.
Name
Address
Name and Address of every other person of whom the Plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
7
Name
Judy A. Campbell, Tax Collector
South Middleton Township
Address
Post Office Box 300
Boiling Springs, PA 17007
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge, information or belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904 relating to un falsification authorities.
Dated: C
Robert D. Kodak
Kodak & Imblum, P.C.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7152
Attorney I.D. No. 18041
Attorney for Plaintiff
LEGAL DESCRIPTION
1552 HOLLY PIKE, SOUTH MIDDLETON TOWNSHIP
CUMBERLAND COUNTY, PENNSYLVANIA
ALL that certain tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a Final Plan of Minor Subdivision for Floyd
E. Weibley, dated April 5, 1984, and recorded in the Office of the Recorder of Deeds for Cumberland
County in Plan Book 46, Page 1, as follows:
BEGINNING at a steel pin in the center line of Pennsylvania Route 34, said point being on the
dividing line between Lots Nos. 1 and 3 on the above-mentioned Plan of Lots; thence by said center
line, South 09 degrees 52 minutes 10 seconds West 490.95 feet to a point on the dividing line between
Lots Nos. 1 and 2 on the above-mentioned Plan of Lots; thence by said dividing line, North 60 degrees
59 minutes 05 seconds West 394.63 feet to a steel pin; thence by the same, North 56 degrees 11
minutes 40 seconds West 417.84 feet to a steel pin at a post; thence by the same, North 39 degrees 22
minutes 15 seconds West 251.39 feet to a post; thence by land now or formerly of Paul R. Teitrick, Jr.,
North 41 degrees 46 minutes 5 seconds East 134.19 feet to a steel pin; thence by the dividing line
between Lots Nos. 1 and 3 on the above-mentioned Plan of Lots, South 39 degrees 22 minutes 15
seconds East 252.44 feet to a steel pin; thence by the same, South 56 degrees 11 minutes 40 seconds
East 359.89 feet to a steel pin; thence by the same, North 43 degrees 20 minutes 50 seconds East 299.9
feet to a steel pin; thence by the same, South 72 degrees 28 minutes 10 seconds East 190.31 feet to a
steel pin, the Place of BEGINNING.
CONTAINING 5.148 acres (4.592 acres not including dedicated right-of-way), and being Lot
No. 1 on the aforesaid Subdivision Plan.
BEING the same premises which Paul E. Weibley, by his Deed dated April 8, 2005, and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania on April
8, 2005, in Book 268 at Page 1684, granted and conveyed unto Clyde E. DeHart, Jr..
ALSO BEING identified as Tax Parcel No. 40-10-0632-036, and known as 1552 Holly Pike,
Carlisle, Pennsylvania.
s-
IEXHIBIT
LAW OFFICES OF
KODAK & IMBLUM, P.C.
CAMERON MANSION Telephone
Robert D. Kodak 407 NORTH FRONT STREET 717.238.7152
Gary J. Imblum POST OFFICE BOX 11848 Facsimile
HARRISBURG, PA 17108-1848 717.238.7158
kki.law@verizon.net
March 12, 2007
NOTICE TO:
CLYDE E DEHART R
439 EAST MAIN STREET
WESTFIELD PA 16950
NOTICE IS HEREBY GIVEN to the Defendant in the within action and those parties who hold one or
more mortgages, judgements or tax liens against the real estate which is the subject of the Notice of Sale
pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of
Common Pleas of the within County on the judgment of the Plaintiff named herein, the said real estate will be
exposed to public sale on Wednesday, the 13th day of June, 2007, at 10:00 o'clock a.m., prevailing time, at the
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013.
YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested
by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs
Sale.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE
JUDGMENT.
You may have legal rights to prevent your property from being taken away. A lawyer can advise you
more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE
LEGAL ADVICE:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to open the
judgment if you have a meritorious defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the
procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within
County to set aside the Sale for a grossly inadequate price or for other proper cause. This Petition MUST BE
FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A Petition or Petitions raising the legal issues or rights mentioned in the preceding paragraphs
must be presented to the Court of Common Pleas of the within County. The Petition must be served on the
attorney for the creditor or on the creditor before presentation to the Court and a proposed Order or Rule must
be attached to the Petition.
If a specific return date is desired, such date must be obtained from the Court Administrator's
Office - Civil Division, of the within County Courthouse, before a presentation of the Petition to the Court.
KODAK & jMrVLUM, P.C.
by:
)' - .
SHERIFF'S SALE DESCRIPTION
By virtue of a Writ of Execution No. 06-2909 Civil, issued out of the Court of Common
Pleas of Cumberland County, directed to me, there will be exposed to public sale, by vendue or
outcry to the highest and best bidders, for cash, in the Courthouse of Cumberland County,
Pennsylvania, on June 13, 2007, at 10:00 o'clock a.m. in the forenoon of said day, all the right,
title and interest of the Defendants in and to:
ALL that certain tract of land situate in South Middleton Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a Final Plan of
Minor Subdivision for Floyd E. Weibley, dated April 5, 1984, and recorded in the
Office of the Recorder of Deeds for Cumberland County in Plan Book 46, Page 1,
as follows:
BEGINNING at a steel pin in the center line of Pennsylvania Route 34, said point
being on the dividing line between Lots Nos. I and 3 on the above-mentioned
Plan of Lots; thence by said center line, South 09 degrees 52 minutes 10 seconds
West 490.95 feet to a point on the dividing line between Lots Nos. 1 and 2 on the
above-mentioned Plan of Lots; thence by said dividing line, North 60 degrees 59
minutes 05 seconds West 394.63 feet to a steel pin; thence by the same, North 56
degrees 1 I minutes 40 seconds West 417.84 feet to a steel pin at a post; thence by
the same, North 39 degrees 22 minutes 15 seconds West 251.39 feet to a post;
thence by land now or formerly of Paul R. Teitrick, Jr., North 41 degrees 46
minutes 5 seconds East 134.19 feet to a steel pin; thence by the dividing line
between Lots Nos. I and 3 on the above-mentioned Plan of Lots, South 39
degrees 22 minutes 15 seconds East 252.44 feet to a steel pin; thence by the same,
South 56 degrees 11 minutes 40 seconds East 359.89 feet to a steel pin; thence by
the same, North 43 degrees 20 minutes 50 seconds East 299.9 feet to a steel pin;
thence by the same, South 72 degrees 28 minutes 10 seconds East 190.31 feet to a
steel pin, the Place of BEGINNING.
CONTAINING 5.148 acres (4.592 acres not including dedicated right-of-way),
and being Lot No. 1 on the aforesaid Subdivision Plan.
BEING the same premises which Paul E. Weibley, by his Deed dated April 8,
2005, and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania on April 8, 2005, in Book 268 at Page 1684, granted and
conveyed unto Clyde E. DeHart, Jr..
ALSO BEING identified as Tax Parcel No. 40-10-0632-036, and known
NOTICE IS HEREBY GIVEN to all claimants and parties in interest that the Sheriff
will, within thirty (30) days thereafter, file a schedule of distribution in his office, where the
same will be available for inspection and the distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten (10) days thereafter.
SEIZED AND TAKEN into execution at the suit of Cornerstone Federal Credit Union
against Charles E. DeHart, Jr., and will be sold by:
Sheriff of Cumberland County
Kodak & Imblum, P.C.
Attorneys for Plaintiff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-2909 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CORNERSTONE FEDERAL CREDIT UNION,
Plaintiff (s)
From CLYDE E. DEHART, JR.
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARN3HEE(S) as follows:
and to rtify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying zy debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otrwise disposing thereof;
(3) If pperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyonther than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnisheyd is enjoined as above stated.
Amount L $924,444.89 L.L. $.50
Interest FM DATE OF JUDGMENT @ 7.750%
Atty's Com/o
Atty Paid 1.36
Plaintiff Pais
Date: MAPN 2007
(Seal)
REQUESTING I.
Name ROBERT I?AK, ESQUIRE
Address: 407 NOFONT STREET
PO BOX
HAR.RISBk 17108-1848
Attorney for: PLAID
Due Prothy $1.00
Other Costs
impury
Telephone: -117-238-11
Supreme Court ID No.
Real Estate Sale # 102
On March 16, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
South Middleton Township, Cumberland County, PA
Known and numbered as 1552 Holly Pike,
Carlisle, more fully described on Exhibit "A"
filed with this writ and by this reference
=zm
incorporated herein.
Date: March 16, 2007 By-
Re al Est Sergeant
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 20, 27, May 4, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie Coyne,
SWORN TO AND SUBSCRIBED before me this
4 day of May, 2007 _
-LAL
4'.ak?lic
?...?ry
1,41,arO.5,
REAL ESTATE SALE NO. 102
Writ No. 2006-2909 Civil
Cornerstone Federal Credit Union
vs.
Clyde E. DeHart, Jr.
Atty.: Robert Kodak
LEGAL DESCRIPTION
1552 HOLLY PIKE, SOUTH
MIDDLETON TOWNSHIP,
CUMBERLAND COUNTY,
PENNSYLVANIA.
ALL that certain tract of land situ-
ate in South Middleton Township,
Cumberland County. Pennsylvania.
Bounded and described in accor-
dance with a Final Plan of Minor
Subdivision for Floyd E. Weibley,
dated April 5, 1984, and recorded
in the Office of the Recorder of
Deeds for Cumberland County in
Plan Book 46, Page 1, as follows:
BEGINNING at a steel pin in the
center line of Pennsylvania Route
34, said point being on the dividing
line between Lots Nos. 1 and 3 on
the above-mentioned Plan of Lots;
thence by said center line, South
09 degrees 52 minutes 10 seconds
West 490.95 feet to a point on the
dividing line between Lots Nos. 1
and 2 on the above-mentioned Plan
of Lots; thence by said dividing line,
North 60 degrees 59 minutes 05
seconds West 394.63 feet to a steel
pin; thence by the same, North 56
degrees 11 minutes 40 seconds
West 417.84 feet to a steel pin at a
post; thence by the same, North 39
degrees 22 minutes 15 seconds
West 251.39 feet to a post; thence
by land now or formerly of Paul R
Teitrick, Jr. North 41 degrees 46
minutes 5 seconds East 134.19 feet
to a steel pin; thence by the divid-
ing line between Lots Nos. 1 and 3
on the above-mentioned Plan of
Lots, South 39 degrees 22 minutes
15 seconds East 252.44 feet to a
steel pin; thence by the same, South
56 degrees 11 minutes 40 seconds
East 359.89 feet to a steel pin;
thence by the same, North 43 de-
grees 20 minutes 50 seconds East
299.9 feet to a steel pin; thence by
the same, South 72 degrees 28 min-
utes 10 seconds East 190.31 feet
to a steel pin, the Place of BEGIN-
NING.
CONTAINING 5.148 acres (4.592
acres not including dedicated right-
of-way), and being Lot No. 1 on the
aforesaid Subdivision Plan.
BEING the same premises which
Paul E. Weibley, by his Deed dated
April 8. 2005, and recorded in the
Office of the Recorder of Deeds in
and for Cumberland County, Penn-
sylvania on April 8, 2005, in Book
268 at Page 1684, granted and con-
veyed unto Clyde E. DeHart, Jr.
ALSO BEING identified as Tax
Parcel No. 40-10-0632-036, and
known as 1552 Holly Pike, Carlisle,
Pennsylvania.
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the
2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE#102
..... .................................. . ... ........
Sworn to and subsci;ilzedbd=v- sae-thi&48#UJaV,ofMmv 2007 A.D.
Notarial Seal
Terry L. Russell, Notapl Public
City Of Harrisburg, Daupbin Courdy
My Commission Expires June 6,2010
Member, ennsviv i :association of Notaries
A?111_11 14, 1 1 'f /
Y PUBLIC
.a
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013