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HomeMy WebLinkAbout03-6136CORNERSTONE FEDERAL CREDIT CREDIT UNION, Plaintiff V. SCOTT W. BONNER and : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : CIVIL ACTION JENNIFER J. BONNER, husband and wife,: Defendants : NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 CORNERSTONE FEDERAL CREDIT CREDIT UNION, Plaintiff V. SCOTT W. BONNER and JENNIFER J. BONNER, husband and wife. Defendants : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMPLAINT AND NOW, comes CORNERSTONE FEDERAL CREDIT UNION, by and through its attorneys, Salzmann, Hughes & Fishman, P.C., and avers as follows: 1) Plaintiff, Cornerstone Federal Credit Union, is a banking corporation, existing under the laws of the Commonwealth of Pennsylvania with offices at 5 East Gate Drive, Carlisle, Pennsylvania, 17013. 2) Defendant, SCOTT W. BONNER, is an adult individual residing at 5761 Pfeiffer Circle, Germansville, Lehigh County, Pennsylvania, 18053. 3) Defendant, JENNIFER J. BONNER, is an adult individual residing at 86 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 4) Defendants are husband and wife. 5) On December 31, 2002, Defendants entered into a certain Loan Agreement with Plaintiff in the amount of Twenty-Six Thousand Nine Hundred and 00/100 Dollars ($26,900.00), a copy of which is attached hereto and incorporated herein as Exhibit "A." 6) As security for said loan, the Defendants agreed to deliver to Plaintiff titles to two vehicles for the purpose of placing liens on said titles in favor of Plaimiff to further secure the subject loan; a 1995 Kenworth tractor, Serial No. 2XKWDB9X75M651887 and a 1996 Dodge automobile as required by the Security Agreement executed by Defendants on December 31, 2002, a copy of which is attached hereto and incorporated herein as Exhibit "B." COUNT 1 - BREACH OF CONTRACT 7) Defendants have made no payments on the above related debt since June 17, 2003 in violation of the payment obligations to Plaintiff described in the Loan Agreement, Exhibit "A' hereof. 8) Defendants have failed to deliver the title to the aforementioned Kenworth tractor in violation of the terms of the loan documents, Exhibits "A" and "B." 9) On numerous occasions after June 17, 2003, Plaintiff has demanded payment from Defendants which payments have not been made. 10) The failure to make the required payments described in Paragraph 7 above constitutes a default in accordance with item 10 of the Loan Agreement, Exhibit "A" hereof. 11) As a result of said default, Defendants owe Plaintiff principal and interest to date in the amount of Twenty-Five Thousand Five Hundred Twenty-Four and 77/100 Dollars ($25,524.77), plus interest from November 13, 2003 in the amount of Three and 93/100 Dollars ($3.93) per day, plus costs of this action, for which demand is hereby made. WHEREFORE, Plaintiff requests damages against Defendants in the amount of Twenty- Five Thousand Five Hundred Twenty-Four and 77/100 Dollars ($25,524.77), plus interest at the rate of Three and 93/100 Dollars ($3.93) per diem from November 13, 2003, plus costs of this action. 2 COUNT 2 - SPECIFIC PERFORMANCE 12) The averments of Paragraphs 1 through 11 hereof inclusive are incorporated herein by reference thereto. 13) Defendants have failed to deliver to Plaintiff title to the Kenworth tractor as required under the loan documents, Exhibits "A" and "B.' 14) In order to protect the security interest of Plaintiff as required under the loan documents, Exhibits "A" and "B," and to protect against a sale thereof, Plaintiff is entitled to place an encumbrance upon the title to the said Kenworth tractor. WHEREFORE, Plaintiff requests that this honorable Court direct Defendant, Scott W. Bonner, to forthwith deliver the title to the subject Kenworth tractor for purposes of perfecting Plaintiff' s security interest therein in accordance with the Loan Agreement, Exhibits "A" and Respectfully submitted, steve/clients/cornerstone/Bonnet complaint Attorney I.D. No. 16269 Salzmann, Hughes & Fishman, P.C. 95 Alexander Spring Road, Ste 3 Carlisle, Pennsylvania 17013 (717) 249-6333 Attorney for Plaintiff VERIFICATION I, DAVID G. KEFFER, Manager and CEO of Plaimiff, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Title 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: DAVID G. KEFFER CORNERSTONE Federal Credit Union RO. BOX 1181 · 5 East Gate Drive · Carlisle, PA 17013 Phone: (717) 249~8711 · FAX: (717) 249-8208 Member.founded--Service b~ed Open-End Disbursemm Receipt Plus BORROWER 1 NAME (Please P~dnt) [] CONSUMERS' CLAIMS AND DEFENSES NOTICE -- The fo/lowing paragraph applies to the Advance only if the box is checked, NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULI ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVER' HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. You can now voluntarily elect to become insured with the coverage(s) checked below. Iff order for coverage to become effective you must meet all eligibility requirement stated in the Credit Insurance Application/Schedule. A statement of bmerabllity mmml be completed if you are adding eovSrape more then 30 dayo after the data of yo~ advance. Details of this insurance coverage are included in the Insurance Certificate which you received with your Credit/~reement. Ask us if you need a copy of th Insurance Certificate. By signing below, you agree to the terms of this insurance election and you authorize us to add the charges for the insurance to your outstanding belanc each month. Your payment amount will increase or you will be required to make additional payments. Coverage elecUon applies to the enUre balance on this subeccoan Insurance rates are subject to change. ~$ingle Credit Disability Insurance /~t/~ ~:~O. ~. O _--i"..~Single Credit Life Insuranna Ib.~ UCCC. Joinl Credit Life Insurance PROJECTED LOAN TERM FOR INSURANCE: By signing below, or by endorsing the proceeds check for the advance described above, orby having the loan proceeds deposited Into your sbere/sbere draft account o paid to a third party, you agree: (1) that the property described in the Securfty Offered section above ("P_ropert'/') is security under the tsnns of the LOANLINER" Cradi and Security Agreement (the "Plan") for all amounts you owe under the Plan and that the property descdptfon is incorporated into and a part of the Plan; (2) that th, Property is also security for any other loans, including hut not limited to, any credit card loan that you have with the credit union now or in the futura; (3) that you wil make the payments disclosed above in accordance with the terms of the Plan; and (4) that ff you are now electing credit Insurance, you am volantadly electing the coverag~ checked In the Subsequent Election for Voluntary Payment Protection section above. ~UNA MUTUAL GRDUE 1998, g9, 2000, 01, ALL RIGHTS RESERVED TO ORDER: 1-80G-356-5012 CREDIT UNION COPY EXHIBIT "A" CORNERSTONE ~r~ Federal Credit Union P.O. Box 1181 · 5 East Gate Drive · Carlisle, PA 17013 Phone: (717) 24g-e711 · FAX: (717) 24g-a208 Member founded--Service based HOW TO APPLY · Complete all sections · Sign on signature line · Return completed form to credit union · An incomplete or unsigned form may delay processing Open-End Plan Signatures PLUS ACCOUNT NUMBER 3?07 This LOANLINEF~ Credit and Security Agreement, which inctudee the Truth in Lending Oisclcaums, will he referred to as "the Plan." The PJan documents include this agreement and an Addendum. "You", "your" and "borrower" mean any person who signs the Plan. "Credit union", "wu", "our" and "us" mean the Credit Union whose ~lme appears on the Plan or anyone to whom the Credit Union transfers its rights under the Plan. This is a multi-state document which may be used to lend to borrowers in all states except Louisiana. 1. HOW THIS PLAN WORKS -- This is an open-and, multi-featured credit plan. We anficipata that, from time to time, you win borrow money (called "advances") under the Plan. We are not required ta make advances to you under the Plan and can refuse a request Mr an advance at any timE. The Addendum describes the different types of credit (called "subaccaunts') available under the Plan, the current interest rate for each subancount expressed as a daily periodic rate and corresponding anncai percentage rate and other charges. It may also have other terms and a schedule for determining the payment amounts. 2. CREDIT LIMIT -- We may, but do not have to, establish a credit limit on certain suhaccounta. If a credit limit is set for a subaccount, you promise not to exceed the established credit limit, if you exceed the credit limit, you promise to repay immediately the amount which exceeds the credit limit. 3. REPAYMENT-- You promise to repay all amounts you owe under the Plan plus interest. Payments are due on the last day of the month unless we set a different day at the time of an advance. If the Addendum has no payment schedule for a subeccount, your payment will be deterntined at the time of each advance. Payments must include any amount past due and any amount by which you have exceeded any credit limit you have been given for a subaccount. You may repay all or part of what you owe at any time without any prepayment behalf/. Even if you prepay, you wgl still be required to make the regularly scheduled payments unless we agree in writing to a change in the payment schedule, if you have a joint sharedraft account, you will be reeponsible for paying ail overdraft advances obtained by a joint holder of the sharedrsff account. Unlese otherwise required by law, payments will be applied to amounts owed un( the Plan, in the manner the Credit Union chooses. 4. PI.AN ACCESS -- You can obtain credit adVances in any manner authorized by us. If allow you to use your ArM/Debit car~ to access the Plan, you may be liable for the ueauthoriz use of your ArM/Debit card. You will not be liable for unauthorized use that occurs after y. notify us, orally or in writing, of the lose, theft, or possible ucauthodzed use. If you believe ye ATM/Oebit card has been lost or stolen, immediataty inform the Credit Union by selling writing us at the telephone number or address that appears elsewhere in the Plan. If the card used to obtain unauthorized advances direutiy from the Plan, your I/ability will not exceed $5 If the unauthorized withdrawal is from a sharsdrsff account, your liability is governed by ti Regulation E disclosures you received at the time you received your ArM/Debit card, even if ti withdrawal results in an advance being made from your overdraft subeccount. 5. FINANCE CHARGE-- The dollar amouut you pay for money borrowed is called a "tinan, charge" and begins on the date of each advance. A finance charge will be computed separate for each separate halance under the Plan. To compute the finance charge, the unpaid balam for each day since your last payment (or since an advance if you have not yet made a laymen is multiplied by the applicable daily pedodic rate. The sum of these amounts is the finara charge owed. The palanee used to compute the finance charge is the unpaid balance each de after payments and credits to that balance have been subtracted and any additions to th balance have been made. In addition to interest, we may charge uther finance charges whic are disclosed on the Addendum. If the interest rate is a varlabJe interest rate, the Addandur explains how the variable interest rate works. 6. SECURITY-- You pledge as'seeudty for the Plan all shares and dividends and, if any, a deposits and interest in ali joint and individual accounts you have with us now and in the futurf (conbhuecl on reverse sid~ llqllqllll'r 1; You have received and read the LOANLiNER~ Credit and Security Agreement you authorize us to apply the balance in these acceaots lo afty amounts due including the Addendum ("Agreement") and a Credit Insurance Certificate. By Shares and deposits In aft Individual Rotiremeftt Account, and any othe~ signing below you agree to he hound by the terms of the Agreement. accounl that would lose spn,qot lax treatmeot under c/nth or tsdarel law it give/ yt~. n..an! .e a eo~,.,llu Int. nael in nil Indl~dHel end Inlnf oham and/n, as seosdiy, are not subject to the securlly interest you have given in your sharer · .-- u .............. ~ ......................... J ............ ,,n and deposits deposit accounts you have with us new aftd Iff the future th secure what you owe · under Ihe,[OANLINER~ Credit and Security Agreement. When you are Iff default, /n Credit and Security Agreement (continued) If a specific dollar amount is pledged for an advance, we will freeze shares in that account to the extent of the outstanding balance for the advance. Otherwise, your pledged shares may he withdrawn unless you are in defauti. If credit union has a federal charier: Statutory Lien - If you are io default on a financial obligation to us, federal law gives us the right to apply the balance of shares and dividends in all individual and joint accounts you have with us to satisfy that obligation. After you are in default, we may exercise this right without further notice to you. (Wa have a federal charter if our name includes the term "Federal Credit Union.") II credit union is state sharierad, except in Ohio, Rhode Island, and Massachusetts: We have a statutory lien on the shares and dividends and, if any, the deposits and interest in all individual and joint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. {We are state chartered if our name does not include the term "Federal Credit Union.") For ail borrowers: The statutory lien and/or your pledge will allow us to apply the funds in your account(s) to what you owe when yon are In default. The statutory lien and your pledge do not apply to any individual Retirement Account or any ether account that would lose special tax treatment under state or federal law d given as security. Additional security for the Plan may be required at the time of an advance. If a subaccount identifies a type of properly (such as "New Cars") you must give that type of properly as security when you get an advance under that subaccount. A suhaccount game such as "Other Secured" means you must provide security acceptable to us when you ebtata ag advance under that subaccount. Proped/j you give as security will secure all amounts awed under the Plan and aP ether loans you have with us now or iu the future, except any loan secured by your pdncipaJ dwelling. Property securing other inane you have with us may also secure tbe Plan. 7. CREDIT INSURANCE -- Credit life and/or credit disabil~ insurance is optional under the Plan. il you qualily for and purchase the insurance from us, you authorize us to add thc insurance premiums monthly to your loan balance and charge you interest on the entire balance. Jf you elect credit insurance, your payments may increase or the period of time necessary to repay your advance may be extended. The credit iosuransa rates may change during the Plan. If the tutus change, we will provide any notices required by applicable law. 8. PERIODIC STATEMENT -- On a regular basis you sip receive a statement showing all transactions under the Plan during the period covered by the statement. Statumeots and notices will be sent to you at the most recent address you have given us in writing. Unless applicable law requires notice to each joint borrower, notice to any one of you will be notice to all, 9. JOINT ACCOUNTS -- If this is a joint account, each of you is individually and jointly responsible for paying all amounts owed. That means we can enforce our rights under the Plan against any one of you individually or against air of you together. If you give us inconsistent instructions, we can refuse to follow your instructions. Unless our written policy requires all of you to sign for an advance, each of you authorizes the other(s) to obtain advances individually and agrees to repay advances made to the other(s). Any joint accouotholder may terminate the Plan by giving us prior written notice. If any of you terminate the Plan, the Plan is terminated for all of you. You remain liable individualry and jointry for all advances incurreg before termination. 10. FEES AND CHARGES -- If you give us a security interest in certain types of property, we may charge you a filing tee to perfect our interest in the property, if we do, the amount of the fee wig be disclosed to you at the time you obtain an advance. We may also charge you other fees in connection with the Plan. Our current fees are disctased on the Addendum and wilt be added to your loan balance unless you pay them in cash. 11. UPDATING CREDIT INFORMATION -- You promise that you wig promptly give us written notice if you move, change your name or employment, or if any other information you provided to us changes. Upon our request, you arso agree to provide us updated financial information. 12. DEFAULT -- The fo/lowing paragraph applies te gorrewers In Idaho, Kansas, Maine and state ci~artered cradit unions/ending to South Carolina borrowers: You will be in default if you do not make a payment of the amount required when it is due. You will also be in default if we believe the prospecl of payment, performance, or realization on any property given as security is significantly impaired. The following paragraph applies only to bnrrewers ia Wisconsin: You will be in defauti if you fail to make a payment when due two times during auy 12 month period. You wirl be in default if breaking any promise made under the Plan materially impairs your ability to repay what you owe or materially impairs the condition, value, or protection of or our righ! in a~n_~/property you gave as security. The following paragraph #pp/ies only te harrowere in Iowa: You will be ia default if you ara more than 10 days late k~ making a payment. You will also be in default if you do not comply with the terms of the Plan and your failure to comply materially impairs any property you gave 14, CANCELLING OR CHANGING THE PLAN -- The following paragraph applios only ~ state chatlerad credit unions landing to Illinois borrewer~: We have the right to change th terms of the Plan from time to time after giving you any advance notice required by law. An change to the interest rate or other charges will apply to future advances. The following paragraph applies only to borrowers in Wisconsin: We can change the term of the Plan from time to time in accordance with Section 422.415 of the Wisconsin Statutu.~ You wig be notified of any change in terms. An increase in the daily periodic rate under variable rate interest rate is not considered a change in terms under the Plan. We can cance the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by givinf us prior written notice. Your obligating to pay the unpaid balances under the terms of the Pier continues whether you or the credit union cancel the Plan, except to the extent that your gabigl! is limited by Section 422.4t 55 of the Wisconsin Statutes. F#e fallowing paragraph appltea only to ho/rowers io Iowa: We can change the terms of th( Plan from time to time after giving you any advance notice required by law. A change the increases the rate of finance charge or other charge, that increases the amount of yeu~ payments, or that otherwise advemely affects existing balances will apply to existing balances only if you agree to the change or you use the Plan after receiving notice that your use of the Plan means you agree the change applies to existing balances, Ti~e foltewiag paragraph applies to hnrrewers in afl other states and federally a#artereA credit unions lending to Illinois horrower~: We have the right to change the terms of the Plan from time to time after giving you any a~lvance notice required by law. Any change in the interesl rate will apply to future advances, and at our discretion and subject to any requirements gl applicable Jaw, will also apply to unpaid balances. The following paragraph a#plte$ te all got WI~.eI~in horrawe~: ~ increase in the daily periodic rate under a variable interest rate is not considered a change in terms under the Plan. We can cancel the entire Plan or any part of the Plan at any time. You may cancel the Plan at any time by giving us prior written notice. Your obligation to pay the unpaid balances under the terms of the Plan continues whether you or the Credit Union cancel the Plan, Paragraphs 15 through 23 apply to any property you give as security. 15. THE SECURITY FOR THE PLAN -- You give us what is known as a security interest in all property described in any receipt, voucher or other document you receive for an advance ("the Advance"). The security interest you give includes alt accessions. Accessions are things which ars attached to or installed in the property now or in the future. The security interest also includes any replacements for the property which you buy within 10 days of the Advance or any extensions, renewals or refinancing of the Advance. It also includes any money you receive from selling the property or from insurance you have on the property, if the value of the property decgnea, you promise to give US mom property as security if asked to do so. 16. WHAT THE SECURITY INTEREST COVERS -- The security interest secures the Advance described in the receipt, voucher or any other document you receive at the time of the Advance ' and any extensions, renewals or refinancings of the Advance, It also secures any other advances you have ROW or receive in the future under the Plan and any other amounts or loans, including any credit card loan, you owe us for any reason now or in the future, except any loan secured by your principal residence. Jf the property is household goods as defined by the Federal Trade Commission Credit Practices Rule, the property will secure only the Advance and not other amounts you owe. 17. OWNERSHIP OF THE PROPERTY -- You promise that you owq' all property you give as security or if the Advance is to buy the property, you promise you will usa the Advance for that purpose. You promise that no one else has any interest in or claim against the prope~y that you have not already told us about. You promise not to sell or lease the property or to uae g as security for a loan with aoother creditor until the Advance is repaid. You promise you will agow no other security interest or lien to attach to the property either by your actions or by operation of law. 18. PROPERTY INSURANCE, TAXES AND FEES-- You must maintain property insurance on all property that you give as security under the Plan. You may pumhase the property insurance from anyone you choose who Js acceptable to the Credit Union. The amount and coverage of the property insurance must ha acceptable to us. You may provide the property insurance through a policy you already have, or through a policy you get and pay for. You promise to make the insurance policy payable to us and to deliver the policy or proof of coverage to us it asked to do so. If you cancel your insurance and get a refund, we have a right to the refund. It the property is lost or damaged, we can use the insurance settlement to repair the property or apply it towards what you owe. You authorize us to eodome any draft or check which may be payable to you in order for us to collect any refund or benefits due under your iosuram~e policy. You also promise SHERIFF'S CASE NO: 2003-06136 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORNERSTONE FEDERAL CREDIT UN VS BONNER SCOTT W ET AL RETURN - REGULAR RICHARD SMITH , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE was served upon BONNER JENNIFER J the DEFENDANT , at 1156:00 HOURS, on the 10th day of December at 86 RUSTIC DRIVE SHIPPENSBURG, PA 17257 by handing to JENNIFER BONNER a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, 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 /~'-~ day of So Answers: R. Thomas Kline 12/11/2003 SALZMANN ~Iq32xl By: /D~puty Sheriff SHERIFF'S RETURN - OUT OF cOUNTY CASE NO: 2003-06136 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLB-ND CORNERSTONE FEDER3tL CREDIT UN VS BONNER SCOTT W ET AL 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: BONNER SCOTT W but was unable to locate Him deputized the sheriff of LEHIGH in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On December llth , 2003 , this office was in receipt of the attached return from LEHIGH Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Lehigh County 37.00 Sheriff of Cumberland County .00 74.00 12/11/2003 SALZMANN DEPAULIS FISHMAN Sworn and subscribed to before me this _/%~ day o~~ In The Court of Common Pleas of Cumberland County, Pennsylvania Cornerstone Federal Credit Union Scott ~'Eonner et al SERVE: Scott W. Eonner No. 03-6136 civil NOW, November 26, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ' Lehigh COUllty to execute this Writ, this In The Court of Common Pleas of Cumberland County, Pennsylvania Cornerstone Federal Credit Union Scott ~Bonner et al SERVE: Scott W. ~onner No. 03-6136 civil Now, November 26, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof ' Lehigh 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, within ,20_ , at o'clock M. served the upon by handing to a and made known to copy of the original So answers, the contents thereofi Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT AND NOT iCE: PAID D!EF. ])":i '[ T ',', ~: ? ,, O0 CORNERSTONE FEDERAL CREDIT UNION, Plaintiff V. SCOTT W. BONNER and : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-6136 : CIVIL ACTION ; JENNIFER J. BONNER, husband and wife,: Defendants : PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please emer Judgment in favor of Plaintiff and against Defendant Scott W. Bonnet in the amount of $26,098.55 plus costs. I hereby certify that Notice of Intemion to File Praecipe for Judgment by Default Under Pa.R.C.P. 1151(a) has been served upon Defendant Scott W. Bonner, See Exhibit "A' attached hereto. Dated: May 21, 2004 submitted, Steven J. Fishnian, Esquire Attorney I.D. No. 16269 Salzmann, Hughes & Fishman, P.C. 95 Alexander Spring Road, Ste 3 Carlisle, Pennsylvania 17013 (717) 249-6333 Attorney for Plaintiff CORNERSTONE FEDERAL CREDIT UNION, Plaintiff SCOTT W. BONNER and 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-6136 CIVIL ACTION JENNIFER J. BONNER, husband and wife,: Defendants : CIVIL ACTION NOTICE OF INTENTION TO FILE PRAECIPE FOR JUDGMENT BY DEFAULT UNDER Pa. RCP 1511 (a) To the Defendant, Scott W. Bonner: You are hereby notified that a Praecipe for Judgment by Default under Pa. RCP 151 l (a) shall be filed by the Plaintiff no less than ten (10) days from the date of this notice as the result of your failure to plead to the Complaint filed in the above-captioned matter. Date: February 5, 2004 Respectfully submitted: ~6269 SALZMAN, HUGHES & FISHMAN, P.C. 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 Attorney for Plaintiff EXHIBIT "A" ~z ~ Z > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: CORNERSTONE FEDEEAL CREDIT UNION, Plaintiff VS. SCCET W. BOS~NER 5761 PFEI~'~'~2~ CIRCLE : ~T,T,~.! PA 18053, Defendant : ( ) Confessed Judgment ( × ) Other File No. 03-63.36 civ±]_ Action Amount Due $26,098,55 Interest 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, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 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 Leh£c~b for debt, interest and ~:osts, upon the following described property of the defendant(s) One (1) 1995 Kenworth Tractor ~VIN # 2XEWDB9XTSM651887) County, PRAECIPE FOR ATFACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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 May 21, 2004 Signature: Print Name: Address: S~=v~-n J. Fishraan, Esc~ire 95 ~lexander Sprinq RDad, Su/te 3 Carlisle, PA 17013 Attorney for: P'~ a-i nf-'i ¢f Telephone: (717) 249-6333 Supreme Court ID No.: 16269 (over) Notes: if real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ.