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HomeMy WebLinkAbout03-2152MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF, VS. DAVID L. BOWERMASTER and KELLI J. BOWERMASTER DEFENDANTS. IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO.: 03 - : : · CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM RIGHTY THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing 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 claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF, VS. DAVID L. BOWERMASTER and KELLI J. BOWERMASTER DEFENDANTS. IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA NO.- CIVIL ACTION-LAW NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra suya. Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. DAVID L. BOWERMASTER and KELLI J. BOWERMASTER DEFENDANTS. · CIVIL ACTION-LAW COMPLAINT AND NOW, comes Members 1st Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following complaint: o Plaintiff, Members 1~t Federal Credit Union ("Members l~t"), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. David L. Bowermaster and Kelli J. Bowermaster (collectively referred to herein as "Defendants"), are adult individuals having a last known address of 488 Furnace Hollow Road, Shippensburg, PA 17257. On or about March 15, 2002, Defendants borrowed from and agreed to repay to Members 1 ~t TWENTY THOUSAND AND 00/100 ($20,000.00) dollars (the "Loan"). The Loan is evidenced by a Closed-End Note, Disclosure, Loan and Security Agreements dated March 15, 2002 (the "Note") executed and delivered to Members 1 ~t by Defendants. A copy of the Note is attached hereto as Exhibit "A" and made part hereof. The Note has never been assigned by Members 1 ~t and is still held by it as a valid and subsisting obligation of Defendants. Pursuant to the terms and conditions of the Note, Defendants agreed to pay to Members 1 st monthly installments of principal and interest in the amount of at 10. 11. least $319.09 each beginning on April 16, 2002 and continuing on the first day of each month thereafter. Defendants are in default of Defendants' obligations under the Note as a result of Defendants' failure to make the payments due to Plaintiff as set forth in the Note. By letter dated March 19, 2003, addressed to Defendants, Members 1st exercised its rights under the Note and accelerated all amounts due under the Note and demanded the payment of all amounts due under the Note. A copy of Plaintiff' s Demand is attached hereto as Exhibit "B" and made part hereof. As of the date hereof, Defendants are indebted to Members 1 st in the amount of TWENTY ONE THOUSAND THREE HUNDRED ONE AND 95/100 ($21,301.95) dollars itemized as follows: a. Outstanding principal b. Interest to April 30, 2003 c. Late fees d. Attorney's fees e. Total due to Members 1st as of April 30, 2003 $19,101.23 1,305.02 95.70 800.00 $21,301.95 Defendants also agreed under the terms and conditions of the Note that in the event of default there under Defendants would pay, in addition to the amounts set forth in paragraph 8 above, costs incurred by Members 1 st as a result of the institution of these legal proceedings. Pursuant to the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. section 101, et. se_._q., and in particular section 403 thereof, Members 1 ~t gave written notice to Defendants of its intent to foreclose by letter dated November 18, 2002, addressed to Defendants via certified, return receipt requested. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385, No 91, 35 P.S. Section 1680.401(c), et. se_$__q., a Notice of Intent to Foreclose and of Defendants' rights under said Act was forwarded to the Defendants on November 18, 2002, via certified mail, return receipt requested. Members I ~t believes, and therefore avers, that Defendants have not applied for assistance under the Act. 12. As set forth above, Members 1st has made demand upon Defendants to make payment of all amounts due to Members 1 st under the Note and, as of the date hereof, Defendants have failed and refused to make payment of all such amounts due to Members 1 st. WHEREFORE, Plaintiff, Members 1 ~t Federal Credit Union, demands judgment against David L. Bowermaster and KeIli J. Bowermaster in the amount of TWENTY ONE THOUSAND THREE HUNDRED ONE AND 95/100 DOLLARS ($21,301.95) plus interest at the rate of $4.57906 per day, through the date of payment, including on and ax2er the date of entry of the judgment on this complaint, additional attorney's fees and costs of suit. Respectfully submitted, P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff M ~ m h ~r~ ~r~l ,~ ~' 1' ~(~,~1 AND S-EC URir y AGREEME N [ F [' 1)1' [~A I. ( REI)l I UNION ] .e~ eUrNAc¢ nOuOw Mechan,csburg Pa 17055 [ ~CO~N7 UUMeFr ANNUAL PERCENTAGE FINANCE CHARGE: I A ....... IF~ .....d Th ....... Ioi ITEMIZATION OF ........... SECUR}TY INFORMATION and/o~ ~e~o~lts. o~__~ $Y~ ~1~'~ ~;~-- AMOUNt ] ACCOUNT NUMBER 1$~ AMOUNT YOU a~ree Ihal me terms and condlhons ,n Ihe d,sClosure slalemeJ~( and Ihe Joan a~d sECUfl[y agreemenls I~a(ed on page 2 of this doc~m%nf shal~ ~]~,~WE~SIGNA~U~ / DATE c -MAK~ It 'OTHER OWNER ]j "CO SIGNER DAte CO MA<I s~I I 'O1 HER OWNER I I "CO SIGNER DATE ]~ COMAKER I'1 'OTHER OWNER [ I "CO SIGNER DAT6 ~ves Ix) No S,pCeC,editLile ~[ To~alprem,um [ ~ Yes j~ No CreditDisabHly ITololprem,um Yes m x m No Jotul Credil Life ,DD~IC¢~ I(~ONAr~RE / DATEgF elrtR DATE / . J I~,'APPLICANI'S SIGNATUREGATE or 81~TH DA E EXHIBIT A Members 1 LOAN AND SECURITY AGREEMENi' FEI)El{Al CREI)IT UNION ~ ELLIJ BOWER~STER _ 211-48-?23 ~he Au,[omal,c Pavmen~ D,scoun ed Rate this ra e w nctease b- 2~ "~- e ANNUAL PERCENTAGE RATE Oisc 0S~ above n the ANNHA~ o,~ssoo00o~oa t~60mOnlhsand ouce~se~hee ~"~ ~reasewmoeloe~end helemo[y~loan Fotexam le ff '~t ~'~ Su'n°en~unds nyou, accom o ~O}~ ~[~ securing other loans wilh Ihe credil urn( N/A AMOUNT FINANGED $ 20,00000 Amounl Paid to olhe[s on your behalt (Describe) .P~ E~I_~I~NC~ C HA R G E$ ~0~ ~ ro ~om re OTHER (Describe}: 488 FURNACE HOLLOW RD ~K~a~ ~iGF~--- -A'~-U~ ACCOUNT ,~o~. t~,.'~ .,~ .~. ,~,,,~. ~o ~o~d.,o.~ ,. t~. ~,~,o~,,~ .t.,~~ on mad on poge 2 emenl Co-s~gne~ g you a~e signing as co-si ne[ ou ) kn y a d severa ly YOU acknowledge hal ~ou have g EXHIBIT A KELIIJBOWERMA$1ER ~,~ucr~ ACCOUNI NUMBER 01 DATE Of LOAN IN ~ ttESE AGREEMENTS IHS WORDS 'CREDIT UNION" MEANS MEMB~::R$ IST FEDERAl. CREDtT UNION THE WORDS "YOU" "YOUR' AND "YOURS" MEAN THOSE NAMED AS DORROWER(~) LOAN AGREEMENT Payments/Finance Charges' For value received ou ~ ' u.n~ers?~d that IDa finance charge and ~D(~lal of .......... e I You pefef[edrate tha youcon uetosais~the;~-~,,;~- addHmnal rotates/on the overdue amount , you wdl pay ....... g ~ayme~ ~ %~'~ lee terms of your loan you promi ...... linue ~o~ o o ge, ,ece,~e ~he ~ ebb aeons under ~h,s Agreemen~ even if your cho,ce and d eot the a n' an ~enl of pohcy ge I Io send Ihe CrUd umon a copy o~lhe your name add[ess or emplovmenl YOu p¢om se not ' ' ' y change m p se o o submd false or inaccurate Delault:Yo~ she be considered in delau an of the foilow ng occur: l) or ~eahzaHan ef ~e co lateral, il any is impa red; or/4)'~(~ou'~e; or (5) if you hie a ~ehhon in bankruptcy, hSD vencv or recei~rsh ~ or are u O~ e or ful¢~;'~;~L~L~'sneo&? (~)II ~pU do not pay on time any o you umon at Ihe~ hme the to~l unpaid 5alenc~ ............ Y ~.Y L~ edit 20qz? o ~e unpaid pride pa and in e es Cosl~ ~ ~*m~,~ay m~r, ~ 1o the lime o~efaHit 1o ~eli~fy his loan Once you are in ~'-ult 'h (s).at umon may exercmse Ihms rmghl wilhoul lumber notice to y~ ' e clem ~c e g Y d de.si s n the ] SECURITY AGREEMENT 1 To secure payme iI ol this loan and all expenddures Incurred b the credit union In onnectlon wile this loan, or in reallzln on & secuH ~der si. you gran~ to fc~e cred~, union a sect~rgy Interest In th~ .roper d~cHbe~ on page I of Ibis d~umenl. The securgy In erest h~cfudes ~ Increases, suhstl u OhS and additions to lee secured prope , proceeds from I~surance on the secu~d pro~y and ab earlflrl~rece)ved Irom he secured prope~ Cross-coda era za or1' P~pe~ given as securJ~ for this I olher loan Borrowe h~s wt~ he credit union wll nan or for any r ~secore al amounls Borrower owes the credll Ilnlon now and In the ftdure. However prope~ securing another debt will not secure leis loan d such re e~ ~s Borrower's principal residence (urlless the proper msC~S~o Itotices a e given and an~ ether re a requirements are saesNed), or are nofl-pu~hase money household 2 You w~H no~ change he ~ab~ or sell or Irans~e {he c~late I lee r c edit umon s pior wdHen con~enl t re ufl~ess you have 3 YOU warrant Ibal you ha~ g~ [ilia [0 the collalelal bee of all securlW inte~esls excepl thai given [o the credit union and excepl for ~ny in eresl o¢ a ,on co- make~ ~ner O[ lhe co~lale~al ~o has s~gned he age.merit in the indicated place 4 You will pay all axes. assessmenls, and liens ~emsl or aHach~ o the properly described and ~ur he agreetek~plhepropeRym o~co d sutable hell~ Yo a ~toe g n lion, lOUS~ina ', ~ ~ ~.~ ~, i.~?~'? ..... Y~ will meintai~ iosufa* ce lo cover an vehicle or nih ¢ properly m which Ihe i r nl ms OWed toc edl un o and secu ed by thrs NOTICE TO CO-SIGNER You are being asked [o uaran ee h s debt. Think carefutl before ou d f , pay ~t you have o. and I~al you want 1o accept Ihis responsYibtlity Y O. I the borrower doesn I pay the deb~, you will have Io Be sure you can afford ~o You may have to pay up to the full amount of the debf if the borrower does nol pay YOU may also have Io pay late fees or collec ion cosls which increase Ihis amount The credilor can colrect {his debt from ou withoul first trying o co iect from Ihe borrower The creditor can use the same collection methods a a~nst ou that can be used against lee bo rowe suc~ es suing you garnishin your wages etc It this debt is ever in defaull that fact ma become a art o~g our cYced~[ record fh~s notice is not the cont~acl Ihet makes you'hable for IRe debt ' ' Y P y F 43769 fl01 Page 2 of 2 KARL M. LEDEBOHM ATTORNEY-AT LAW P O BOX 173 New Cumberland, PA 1-1070-0173 Phone: 717-938-6929 Fax~ 717-932-0317 March 19, 2003 (Via Certified and regular mail) KelliJ Bowermaster 160 Sme Gardner Road Shippensburg, PA 17257 David L Bowermaster 488 Furnace Hollow Road Shippensburg, PA 17257 RE: Members 1s' Account No.: 118997, Loan No. 01 Dear Mr and Mrs. Bowermaster: THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE FROM THIS OFFICE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. AN IMPORTANT STATEMENT OF RIGHTS IS INCLUDED ON THE REVERSE OF THE SECOND PAGE OF THIS LETTER. Members 1~t Federal Credit Union ("Members 1~''') has requested my office to collect the amounts due to Member's 1~ under the above account As you know, you are in default of your obligations under the above account (the "Account") evidenced by a Closed -End Note dated March 20, 2002 in the original principal amount of $20,000 00(the "Note") due to your failure to make the payments required under the Notein atimely manner Asaresult of your defaults, Members 1~ hereby accelerates all amounts due to Members 1~' under the Account and the Note and hereby demands the payment of all amounts due to Members 1~' under the Account and the Note in the amount of $20,301 00 itemized as follows 1 Principal $19,101 23 2. Interest to 2/20/03 98907 3 Late fees 95 70 4 Legal Fees 115 00 EXHIBIT B 5 Total due to Membei' l" as of 2/19/'03 $20,301 00 Interest continues to accrue on the above obligation at the rate of'54 579(36 per day It' you t~1 to deliYer payment oF the $20,301 00 together- with additional ~nte~est to the date that payment ~s deliver-ed to Membe~-s 1~' within thin-t); (30) days ot'tt~e date of th~s lette~, Members I'~ will have no choice but to file a legal action agai~nst ¥oc~ to collect all of'the amounts due under the Account and the corresponding Note without ~ur~her not~ce ln such event, ~n addition to the above amounts, you may also be responsible for tine payment of'additional reasonable legal tees and costs o£suit incurred by Membe~-s I If you do not want Members 1~* to sue you, you must deliver to my office at the ~ddress at the top of this letter payment in the amount of $20,301.00 together with additional interest to the date that payment is received in my office on or before thirty (30) days from the date of this letter. Nothing herein shall constitute or be constrtied as an agreement on behalf'of Members 1~' to accept any terms and conditions in exchange fbr payment of'the amounts due under the Account except for the immediate payment of ail amounts due to Members 1<~ Nothing herein shall constitute a waiver of any rights or remedies whicln Members 1" may have under any written agreement or at law or in equity to collect the balance of' the indebtedness due under the Account without f'urther not~ce, ~ncluding. witlnout I~mitat~on, the right to accept and apply any part~al payments made on the Accotlnt w~thout waive[ ct'any demand t'o~-payment ~n fk~ll ol'all amou~nts due under the Accot~at Members l~' looks lbrward to the payment ct'the $20,301 00 togett~e~ additional ~nterest to the date that payment is delivered to Membe~-s 1~t Very t~-,~y yours, /Karl /VI Lcdebohm KML Il CC Ned Picciotti, Collections OFficer NOTICE This letter is an attempt to collect a debt It you dispute the validity of this debt, or any porhon thereof] and you ccmtact the undersigned within thirty (30) days after receipt of'this Notice, you will be t'umislned with written verification of'the debt, provided, that ifa lawsuit has been filed against you to collect this debt befbre the expiration of the thirty (30) days, the complaint flied in said lawsuit will constitute written verificahon of'the debt |f'¥ou do not dispute thc debt or any portion thereof as stated above, tile undersigned will assume Ihs debt is va/id Ir'the original creditor of this debt is different from the creditor stated on the t'ront page of this letter, the undersigned ,evil/provide you with the name and address of the original creditor upon written request fi'om you within thirty (30) days of'receipt of this notice The undersigned means the name signed at the end of'this letter appeanng ~n print at the top of this letter  1 Postage ~~ r-~ Certified Fee :' r'"l Return Reclept Foe '::: (Endorsemsnl "equired) ~~ '~'~;7:rt} '~) I~l Restricted Delivery res ~ 2(End°rsemenlRequired) ~~~c.~ rI.J Total Postage & Fees ,~ Certified Fee Return Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees VERIFICATION I, Leonard Picciotti, Collections Officer for Members 1-~ Federal Credit Union, being authorized to do so on bchalfofMernbers 1~ Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief I understand that fal~e statements are made subject to the penalties of' 1 $ Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Members Is~ Federal Credit Union O~ticer MEMBERS 1sx' FEDERAL CREDIT UNION Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : 03-2152 Civil Term DAVID L. BOWERMASTER and KELLI J. BOWERMASTER Defendants : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please enter judgment in the above captioned proceeding in favor of Members 1~t Federal Credit Union, Plaintiff, and against the Defendant, David L. Bowermaster, in the amount of Twenty-one Thousand Three Hundred One and 95/100 Dollars ($21,30195), plus interest at the rate of $4.57906 per day through the date of payment, including on and atter the date of antry of judgment on the Complaint, and attorney's fees and costs. Judgment is entered pursuant to Pa. R.CP. 3031 for failure to file an Answer on behalf of Defendant, David L. Bowermaster, to Plaintiff s Complaint within twenty (20) days of service thereof and atter a 10-day Notice was sent. Date: June ~ , 2003 Respeet~ly submitted, ~ : Lede~ohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff I hereby certify that notice of intent to take a default judgment was forwarded to David L. Bowermaster by United States Mail, First Class, postage prepaid on June 6, 2003. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Form 3817 is attached hereto and marked Exhibit "A'. MEMBERS 1s~ FEDERAL CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA 03-2152 Civil Term v$ DAVID L BOg,~RMASTER and KELLI J BOWERMASTER Defendants CIVIL ACTION - LAW TO¸ IMPORTANT NOTICE David L Bowermaster 488 Furnace Hollow Road Shippensburg, PA 17257 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMAT/ON OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU 1N THIS CASE UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU %qTHOUT A HEAR. lNG, AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CAN"NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT ~rHIgRE YOU CAN GET LEGAL HELP Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800)990-9108 P O Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 Attorney for Plaintiff GERTIFIGATE OF M~ILING EXHIBIT "A" SHERIFF'S RETURN - CASE NO: 2003-02152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS BOWERMASTER DAVID L ET AL REGULAR KENNETH GOSSERT , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE BOWERMASTER KELLI J DEFENDANT , at at 160 SME SHIPPENSBURG, PA 17257 KELLI J BOWERMASTER a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to was served upon 1840:00 HOURS, on the 28th day of May the by handing to COMPLAINT & NOTICE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 29.80 Sworn and Subscribed to before me this /2~ day of ? t~rothonot ary So Answers: R. Thomas Kline 05/29/2003 KARL LEDEBOHM By: SHERIFF'S RETURN - REGULAR CASE NO: 2003-02152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDEP~AL CREDIT UNI VS BOWERMASTER DAVID L ET AL CPL. TIMOTHY REITZ , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE BOWERMASTER DAVID L DEFENDANT , at 1906:00 HOURS, at 488 FURNACE HOLLOW ROAD SHIPPENSBURG, PA 17257 DAVID L BOWERMASTER a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 15th day of May by handing to the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /2 ~ day of l othonotary So Answers: Thomas Kline 05/29/2003 KARL LEDEBOHM Deputy She~ff MEMBERS 1sT FEDERAL CREDIT UNION Plaimiff VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 03-2152 Civil Term DAVID L. BOWERMASTER and KELLI J. BOWERMASTER Defendants CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please emer judgment in the above captioned proceeding in favor of Members 1 a Federal Credit Union, Plaintiff, and against the Defendant, Kelli J. Bowermaster, in the amoum of Twenty-one Thousand Three Hundred One and 95/100 Dollars ($21,301.95), plus interest at the rate of $4.57906 per day through the date of payment, including on and after the date of entry of judgment on the Complaint, and attorney's fees and costs. Judgment is entered pursuant to Pa. RC.P. 3031 for failure to file an Answer on behalf of Defendant, Kelli J. Bowermaster, to Plaintiff' s Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Date: July 3 , 2003 Respectfully_submitted, ~ ~an lvt. ebohm, Esqmre ,/Supreme Court ID//59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff I hereby certify that notice of intent to take a default judgment was forwarded to Kelli J. Bowermaster by United States Mail, First Class, postage prepaid on June 19, 2003. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Form 3817 is attached hereto and marked Exhibit "A'. ~ edebohm, Esquire MEMBERS 1s~ FEDERAL CREDIT UNION, Plaintiff IN Tile COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 03-2152 Civil Term VS DAVID L BOWERMASTER and KELLI J BOWERMASTER Defendants CIVIL ACTION LAW TO: IMPORTANT NOTICE Kelli J Bowermaster 160 SME Shippensburg, PA 17257 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTEKED AGAINST YOU WITHOUT A I'[EARING, AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800)990-9108 f° ~[~a%ll gupreme Court ID #59012 [ New Cumberland, PA 17070-0173 ~X ; (717) 938-6929 ~ g Attorney for Plaintiff EXHIBIT A PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. SECTION 101 TO SECTION 149 ETC. MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff VS. DAVID L. BOWERMASTER and KELLI J. BOWERMASTER Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 03-2152 Civil Term : Amount Due: $21,301.95 : Interest from: May 1, 2003 at the rate of : $4.57906 per day to be added : Atty's Com. N/A : COSTS TO BE ADDED TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the SheriffofCumberland County, Pennsylvania; (2) against David L. Bowermaster, 488 Furnace Hollow Road, Shippensburg, PA 17257, Defendant; and (3) against Kelli J. Bowermaster, 160 SME, Shippensburg, PA 17257, Defendant (4) and against N/A Garnishee (s); (5) and index this writ (a) against David L. Bowermaster, 488 Furnace Hollow Road, Shippensburg, PA 17257, Defendanf; and (b) against Kelli J. Bowermaster, 160 SME, Shippensburg, PA 17257, Defendant;. (c) against N/A Garnishee (s), and levy upon any and all personal property of the defendant (s) as follows: Dated: Any and all personal property including, without limitation, automobiles located at the address of the Defendants at 488 Furnace Hollow Road, Shippensburg, Cumberland County, Pennsylvania 17257; and at 160 SME, Shippensburg, Cumberland County, Pennsylvania 17257. (d) Exemption has (not) been waived. New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2152 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff (s) From DAVID L. BOWERMASTE1L 488 FURNACE HOLLOW ROAD, SHIPPENSBURG, PA 17257 AND KELLI J. BOWERMASTER, 160 SME, SHIPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY INCLUDING, WITHOUT LIMITATION, AUTOMOBILES LOCATED AT THE ADDRESS OF THE DEFENDANTS AT 488 FURNACE HOLLOW ROAD, SHIPPENSBURG, PA 17257 AND AT 160 SME, SHIPPENSBURG, PA 17257 . (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; (3) If property of the defendant(s) not levied upun an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $21,301.95 L.L. $.50 Interest FROM MAY 1, 2003 AT THE RATE OF $4.57906 PER DAY TO BE ADDED Atty's Comm % Due Prothy $1.00 Arty Paid $159.15 Other Costs Plaintiff Paid Date: JULY 8, 2003 (Seal) REQUESTING PARTY: Name KARL M. LEDEBOHM, ESQUIRE Address: P. O. BOX 173 NEW CUMBERLAND, PA 17070-0173 Attorney for: PLAINTIFF Telephone: 71%938-6929 Supreme Court ID No. 59012 CURTIS R. LONG Prothonotary Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SherifFs Costs: Docketing 18.00 Poundage 2.35 Advertising 10.00 Law Library .50 Prothonotary 1.00 Mileage 27.60 Surcharge 40.00 Levy 20.00 Post Pone Sale 15.00 Garnishee TOTAL $ 134.45 Advance Costs: 150.00 Sheriff's Costs: 134.45 $ 15.55 Refunded to Atty on 01/13/04 Sworn and Subscribed to before me ~ f(~ This ~0~ day o '~'~"7 tPr6thonotary So An_swe~ R. Thomas Kline,°Sheriff By Claudi~ A. Brewbaker MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff VS. DAVID L. BOWERMASTER and KELLI J. BOWERMASTER Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 03-2152 Civil Term : CIVIL ACTION - LAW PRAECIPE TO VACATE JUDGMENT AS TO KELLI J. BOWERMASTER TO THE PROTHONOTARY: Please vacate the judgment entered in the above captioned matter as it applies to Kelli J. Bowermaster, only. Nothing herein shall be construed to vacate the judgment as it relates to David L. Bowermaster. Date: January ~'~, 2004 Respectfu.~ submitted, ,K/afl M Eedebohm, Esc~uire Supreme Court 1D #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff VS. DAVID L BOWERMASTER and KELLI J. BOWERMASTER Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 03-2152 Civil Term : CIVIL ACTION - LAW PRAECIPE TO RELEASE REAL ESTATE FROM LIEN OF JUDGMENT TO THE PROTHONOTARY: Please release from the lien of the judgment entered in the above captioned matter all that certain real estate situate in Cumberland County, Pennsylvania known and numbered as 488 Furnace Hollow Road, Shippensburg, PA 17257 and as more particularly set forth and described on Exhibit "A' attached hereto and made part hereof Date: January ~.~ , 2004 Respectfully submitted, KarlM Ledeboh , sq ' Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain piece or parcel of ground being and situated in South Newton Township, Cumberland County and State of Pennsylvania, bounded and described as follows: BEGINNING on the North by land now or formerly of Andrew L. Bughman; on the South by land now or formerly of Jacob C. Russell and Bid Pond Furnace; and on the West by land now or formerly of Andrew L. Buglunan. CONTAINING 2 acres. HAVING thereon erected a dwelling house being known and numbered as 488 Furnace Hollow Road, Shippensburg, Pennsylvania 17257. BEING the same premises which Linda K. Bowermaster, et al, by Deed September 23, 1996 and recorded on October 1, I996 in and for Cumberland County, in Deed Book Volume 146, Page 935, granted and conveyed unto David L. Bowermaster and Kelly J. Bowermaster, aJk/a Kelli J. Bowermaster, his wife. Tax Map No.: 41~13-0108-026 Exhibit "A"