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HomeMy WebLinkAbout04-5885CORNERSTONE FEDERAL : IN THE COURT OF COMMON PLEAS OF CREDIT UNION, : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff . NO. DWIGHT A. HEINZMAN AND CIVIL ACTION STEPHANIE L. HEINZMAN, husband and wife, and DSM INCORPORATED Defendants COMPLAINT AND NOW, this 22nd day of November, 2004, comes the Plaintiff, CORNERSTONE FEDERAL CREDIT UNION, by and through it's counsel, SALZMANN, HUGHES & FISHMAN, P.C., and in support thereof files the following Complaint against Defendants DWIGHT A. HEINZMAN AND STEPHANIE L. HEINZMAN, husband and wife, and DSM INCORPORATED, and avers as follows: 1) Plaintiff, Cornerstone Federal Credit Union, is a banking institution organized and existing under the laws of the United States located at 5 East Gate Drive, P.O. Box 1181, Carlisle, Pennsylvania, 17013. 2) Defendants, Dwight A. Heinzman and Stephanie L. Heinzman, husband and wife, are adult individuals with a last known address of 195 Chestnut Grove Road, Shippensburg, Pennsylvania, 17257. Defendant Dwight A. Heinzman is President of DSM Incorporated, a Pennsylvania corporation with a last known address of 1401 Trindle Road, Carlisle, Pennsylvania, 17013. Attachment 1 3) On or about February 20, 2002, in consideration of a loan of $206,125.47, made by Plaintiff to Defendants, which funds were received by Defendants, as Borrowers, they executed and delivered to the Plaintiff, as Lender, a Commercial Promissory Note dated February 20, 2002, (the "Note"), in the principal amount of $206,125.47 (the "Principal"), and requiring the payment of interest on the Principal at the rate of 6.50% per year, (the "Interest"), until March 1, 2006. A true and correct copy of the Note is attached hereto as Exhibit B and incorporated herein. 4) The Note obligates Defendants to pay to Plaintiff three (3) payments of Interest only in the amount of $1,137.92 beginning March 20, 2002; forty-four (44) consecutive monthly installment payments of Principal and Interest in the amount of $5,267.17 beginning on July 1, 2002 (the "Installment Payments"); and a single payment in the amount of $5,267.09 plus any unpaid balance of principal and interest on March 1, 2006. The Note has a maturity date of March 1, 2006. 5) The payment to Plaintiff by Defendants of the Installment Payments due under the Note is secured by the following property as more fully set forth on the Commercial Security Agreement attached hereto as Exhibit C: accounts and other rights to payment, inventory, equipment, deposit accounts, the assignment of life insurance policy, and by the vehicles identified in the Collateral Listing attached hereto as Exhibit D and incorporated herein. 6) The last known locations of the vehicles described in the Collateral Listing are at Defendants' residence located at 1401 Trindle Road, Carlisle, Pennsylvania, at the business located at 195 Chestnut Grove Road, Shippensburg, Pennsylvania, and at other properties currently unknown. 7) The vehicles described in the Collateral Listing attached hereto as Exhibit D have a total estimated value of approximately $60,000. 8) Plaintiff has the Certificates of Title to all the vehicles described in the Collateral Listing. 9) Beginning with the payment due on October 1, 2003, and continuing to present, Defendants have failed or refused to pay the full monthly Installment Payments constituting a default under the terms of the Promissory Note. The total of accumulated principal, interest and late fees to November 18, 2004 is $114,706.52. 10) The terms of the Commercial Loan Agreement, a true and correct copy of which is attached hereto as Exhibit A, provide that upon the occurrence of a default by the Defendants, the Plaintiff may accelerate and demand immediate payment of all sums secured by the aforementioned collateral. The terms of the Commercial Security Agreement, a true and correct copy of which is attached hereto as Exhibit C, provide that upon the occurrence of a default by the Defendants, the Plaintiff may assemble the property, repossess the property and sell the property as provided by law. 11) Plaintiff sent Defendants three notices regarding the delinquency in their loan beginning on October 27, 2003. Plaintiff informed Defendants of its intent to initiate foreclosure proceedings unless the default was promptly corrected. Defendants have nevertheless failed to cure the default. 12) By reason of Defendant's default and under the terms of the Commercial Loan Agreement, the Commercial Security Agreement, and under applicable Pennsylvania law, including the provisions of the Uniform Commercial Code, 13 P.S. §9609, Plaintiff is entitled to immediate possession of the vehicles described in the Collateral Listing attached as Exhibit D. COUNT I - BREACH OF CONTRACT 13) The averments of paragraphs one (1) through eleven (12) are incorporated herein by reference as if more fully set forth. 14) Defendants had a duty when they entered into the Commercial Loan Agreement, the Commercial Security Agreement and signed the Commercial Promissory Note to abide by the conditions and covenants described therein and to make the required payments. 15) By failing to make the required payments, Defendants have breached the agreement between the parties. 16) As a result of Defendants' conduct, Plaintiff has suffered damages in excess of $114,706.52 as of November 18, 2004. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of $114,706.52 plus interest, reasonable attorney's fees and costs. COUNT H - REPLEVIN 17) The averments of paragraphs one (1) through eleven (12) are incorporated herein by reference as if more fully set forth. 18) Defendants entered into a Commercial Loan Agreement with Plaintiff secured by the vehicles described on the attached Collateral Listing. 19) Defendants failed to make the required payments to Plaintiff on the loan. 20) As a result of Defendants' default on the loan, Plaintiff is entitled to immediate possession of the vehicles described in the Collateral Listing. WHEREFORE, Plaintiff, respectfully requests that this Honorable Court grant the following relief: (a) Replevin of the vehicles described in the Collateral Listing; (b) To issue a Writ of Seizure in favor of Plaintiff upon the filing of an appropriate motion and bond; (c) (d) (e) To retain jurisdiction of this action to assess money damages in favor of Plaintiff for any deficiency and for the special damages suffered by Plaintiff, To award costs of this action together with reasonable attorney's fees against Defendant; and To grant such other and further relief as to the Court seems just, proper and appropriate under the circumstances of this case. Respectfully submitted, By: M 'AL 6 k " SALZMANN, HUGHES, & FISHMAN, P.C. Steven J. Fishman, Esquire Supreme Court No. 16269 Susann B. Morrison, Esquire Supreme Court No. 77041 95 Alexander Spring Road, Ste 3 Carlisle, Pennsylvania 17013 (717) 249-6333 Attorneys for Plaintiff, Cornerstone Federal Credit Union COMMONWEALTH OF PENNSYLVANIA } SS. COUNTY OF CUMBERLAND } AFFIDAVIT Before me, the undersigned authority, personally appeared DAVID G. KEFFER, who being duly sworn according to law, deposes and says that he is Manager and C.E.O. of CORNERSTONE FEDERAL CREDIT UNION, that as such he is authorized to make this Affidavit on behalf of Plaintiff, and that the allegations of fact contained in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Date: J I- 1,17Y - ct 7 CORNERSTONE FEDERAL CREDIT UNION BY: R1, t ? a ?-f ` e- David G. Keffer 5? r Sworn to and subscribed in my presence this ?Z day of 11,1,V4o2, 2004. Notary Public / COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tammy I. Myers, Notary Public South Middleton Twp., Cumberland County My Commission Expires Dea 15, 2007 Member, Pennsylvan,a Association Of Notaries BORROWER NAME. AND ADDRESS ditirl 11 k1 C]fl;, i?.. J. 11 X147 ?. nr,n:,v+,.. qtr.:c:1: LENDER NAME AND ADDRESS LOAN DESCRIPTION i; •l;ta ±_ ? lilt" 'o!i Number Amount $ Date Iti;)• ? Refer to the attached Signature Addendum, incorporated herein, for additional Borrowers and their signatures. COMMERCIAL LOAN AGREEMENT LOAN STRUCTURE. This Commercial Loan Agreement (Agreement) contemplates ? a single advance term Loan ? a multiple advance draw Loan ? a revolving multiple advance draw Loan. The principal balance will not exceed 5 <? O C: .:: `i . Burrower will pay down a revolving draw Loan's outstanding Principal to S (Pay Down Balance) (Time Penud). This Loan is for ? agricultural [.business purposes. ? Borrower may not voluntarily prepay the Loan in full at any time. Q Borrower may prepay the Loan under the following terns and conditions (Any partial prepayment will not excuse anv later scheduled payments until the Loan is paid in full.): 'L.,aLA-FF CILIRGES. If a payment is made inure than 'i , 1. days after it is due, Borrower will pay a late charge of ! ) • t"} FEES. Borrower agrees to pay the following fees in connection with this Loan at closing or as otherwise requested by Lender. $'32 ,t?C) - Auto L=l1CUm',nfirbr-icc; REQUESTS FOR ADVANCES. Borrower authorizes Lender to honor a request for an advance from Borrower or any person authorized by Borrower. The requests fur an advance must be in writing, by telephone, or any other manner agreed upon by Borrower and Lender, and must specify the requested amount and date and be accompanied with any agreements, documents, and instruments that Lender requires for the Loan. Lender will make same day advances, on any day that Lender is open for business, when the request is received befolc (Advance Cut-Off Time'). Lender will disburse the advance into Burrower's demand deposit account (if any), account number , or in any other agreed upon manner. All advances will he made in United Slates dollars. ? These requests must be made by at least (Number Required To Draw) persons, acting together, of those persons authorised m act on Borrower's behalf. ? Advances will be made in the amount of at least $ (Minimum Amount Of Advance). ? Advances will be made no more frequently than (Minimum Frequency Of Advance). ? Diseretiunarv Advances, Lender will make all Loan advances at Lenders sole discretion. ? Obligatory Advances. Lender will naka all Loan advances subject to this Agreement's terms and conditions. FINANCIAL INFORMATION. Borrower will prepare and maintain Borrower's financial records using consistently applied generally accepted accounting ptinciples then to effect. Boo-nwer will provide Lender with financial information in a form acceptable to Lender and under the following terms. A. Frequency. Annually, Borrower will provide to Lender Borrower's financial statements, tax returns, annual internal audit repons or those prepared by independent accountants within 1, days after the close of each fiscal year. Any annual financial statements that Borrower provides will he ? audited statements. ? reviewed statements ['compiled statements. 0.11onower will provide Lender with interim financial reports on a "* li )) 1 n (11 (Monthly, Quarterly) basis, and within S ) _ days after the close of this business period. Interim financial statements will be ? audited ? reviewed Q. compiled statements. B. Requested Information. Borrower will provide Lender with any other information about Borrower's operations, financial affairs and condition within 1 f) days after Lender's request. ? C. Leverage Ratio. Borrower will maintain at all times a ratio of total liabilities to tangible net worth, determined under consistently applied generally accepted accounting principles, of (Total Liabilities to Tangible Net Worth Ratio) or less. ? D. Minimum Tangible Net Worth. Borrower will maintain at all times a total tangible net worth, determined under consistently applied generally accepted accounting principles, of $ (Minimum Tangible Net Worth) or more. Tangible net worth is the amount by which total assets exceed total liabilities. For Jeterrmining tangible net worth, total assets will exclude all intangible assets, including Without limitation goodwill, patents, trademarks, trade mmies, Cop} lights, and franchises, and will also exclude any accounts receivable that do not provide for a repayment schedule. ? E. Minintutti Current Ratio, Borrower will maintain at all times a ratio of current assets to current liabilities, determined under consistently applied generally accepted accounting principles, of (Minimum Current Ratio) or more. ? F. Minimum Working Capital. Borrower will maintain at all times a working capital, determined under consistently applied generally accepted accounting principles by subtracting current liabilities from current assets, of $ (Minimum Working Capital) or inure. For this determination, Current assets exclude (Excluded Current Assets). Likewise, current liabilities include 0 1 all obligations payable on demand or within one year after the date on which file detenninauon is made, and (2) final maturities and sinking fund payments required to be made within one year after the date on which the determination is made, but "dude all liabilities or obligations that Borrower may renew or extend to a date more than one year from the date of this determination. ATTACHMENTS. The following documents are incorporated by reference into this Agreement: ? Asset Based Financing Agreement addendum dated ? Security Agreement addendum dated - ? Other _ ADDITIONAL TERMS: ©;ORAL AGREFNIENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBTARE NOT ENFORCEABLE. TO PROTECT YOU (BORROWER) AND US (LENDER) FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE NIAY LATER AGREE IN WRITING TO MODIFY IT. BY SIGNING THIS AGREENENT, THE PAR'T'IES AFFIRM THATNO UNWRITTEN ORAL AGREEMENT EXISTS BETWEEN THEM. SIGNATURES. 13y ,q;ni)ig underpe tl, Borrower agrees to the terms contained in this Note Burrower also acknowledges receipt of a copy of this Note 114)RROW,111: Entity Name ., ,_,! ?r ,!?wf - c? 4 szCt r .. .,..•- F _.,.?) ; t (A (Seal) (Seal) Signa ore"'1,101ir L A. 1i3111nw y' Date Signature Date Signature f Seal) Date Signature Date (Seals LENDER: 0,11P CRf 'T,ANC Ff bE ?AL_ C-R[f`,rt (.t1%.1;r j?l Enjigy Name "-f y..''U_1I-e- ) -( [)-,1/\ v-4 f>•04 (Seal) Signature Date Signature Date. (Se all COMMERCIAL LOAN AGREEMENT NOT TO BE USED FDA LOANS SUBJECT TO CONSUMER LENDING LAWS 0 1990, 2001 Bankers Sysiems. Inc, SI Cloud, MN Form COMM-AGREE 10115/2001 (page i or7) F.rlh i h; +_ n v„ vv, v. - au.&y tna cyaocuo Lornerstoue FC )RROWERNAMEANUADDRESS LENDER NAND AND ADDRESS tight A. Heinzmen Cornerstone Federal Credit iM Incorporated Union ,9 S. Hanover Street 5 East Gate Drive, P.O. Box Lrlisle, PA 17013 1181 Carlisle, PA 17013 I Refer to the attached Signatore Addeudom, incorporated lloreui, fur additional Borrowen and their signatures. COMW,RCIAL PROMISSORY MOTE 16 007 Number 7498-06 Amount$ 206,125,47 Date 02-20-02 rE. The date of this promissory Note (Nute) is February P n , a n n ? VERNINC ArRF.F,MFNT. Tttis Note is further governed by the Commercial Lout Agreement between Lender and Borrower dated F p h r u q r y 9n , ? n o 2 ooditted, amended, or supplemented. All definitions of terms in the Commercial Loan Agreement apply to this Note as well. Upon execution of his Note. Borrower csmts that Borrower has reviewed and is in compliance with all Loan Documents and the Commercial Loan Agreement. )MI5E T(I PAY. For vtdne received, Bonower promises to pay Lander or Lauder's order: at Lender's address, ® s 2 0 6 .12 5 . 4 7 (Principal), ? s .. __ (Principal) or the Borrowing Hue, whichever is less. EISingle Advance. Borrower will receive all of this Principal in one advance. No additional advances are contemplated under this Note. ? Multiple Advances. Thc.Principal amount stated above is the maximum amount of Principal that Borrower may borrow under this Note. On Borrower will receive S and future advances urc contemplated. The conditions for future advances are stated in the Commercial Loon Agreement. ');REST. BolTower agrees to pay interest on the outstauding Principal balance of this Note at the rat; of percent per year until 0 3 / 0112 0 0 6 0 Variable Rua This rate may then change as follows. Post Mansrtty/Defaull Internat. Borrower agrees to trey bterest on the unpaid balance of this Note owbig after TURITY/DEMAND. This Note has a m a t u:ri t V date of March 1, 2 OO 6 IftARNT. Borrower agrees to pay this Note as follows unless and until damand is made (if applicable): Number of Payments Amount of Payment When Payments Are uue 3 $1,137.92-Interest Only Beginning 03/20/02 44 $5,267.17-Principal & Int. Beginning 07/01/02 1 $5,267.09 Final Payment due 03/01/2006 All payments must be made in United States dollars. Each payuteur Borrower an,)= on this Now will be applied first to any charges Borrower owes other than Principal cad interest, then to interest that is due, and finally to Principal that is due. If Lender and Bonower agree to a different application of payments. that application will be Uscribcd ore this Note. The actoal amount of Borrower's final payment will depend upon Borrower's payment record. OF PROCEEDS: Consolidation of debts (see attached Details of Disbursement) IVERS AND CONS99S. Borrower waives proles; presentment for payment, demand, and notices of acceleration, intent to accelerate, and dishonor (if allowed bylaw). ADDITIONAL TERMS. NATURES. By signing ander sral. Borrower agrees to the terms contained in this Note. Borrower also acknowledges receipt of a copy of this Note. iRewi R: DSM nco ated kmityName ,r ?r s?aq(o2 $lure ^ w i g h t A. e 1 n a n Date Signature antra IDF.R: LOAN DRSCR(PTION (Sca)) Date Signature 1N03S'%-6NF FTDEO-AL t:R.k'DiT LuVfON y Name 1A11.n i K. ?M a-au-oa(ses)) .1[t1Ye Data Signamtn IMERCIAL PROMISSORY NOTE (not to be used for FNMA, FHLMC, FHA or VA or for consumer loans) ZFg C 1090, 2001 OanMem STpams, I-. $L dad. MN Fern„ I`nuu.nn're n..+- F WJ" 4 1,; -1" n (Scat) Daze (Sea)) Date (seal) Date (page f of 1) DEBTOR NAME AND ADDRESS LF.NDLR NANIE AND ADDRESS LOAN DESCRIPTION ..v7:',1;._ .631; Number Amount S :1r i Date i ? Refer to the attached Signature Addendum, incorporated herein, for additional Debtors and their signatures. CONINIERCM SECURITY AGREEMENT This Commercial Security Agreement (Security Agreement) is An Addendum to A Commercial Loan Agreement, dated It "t (Loan Agreemeno between !'i.,i I-.)„1.-f.i,0 ;-i`r')i- .y ,:s-,= ,r, Borrower) and Lendo. This Security Agreement is further governed by the terns of the Loan Agreement, where applicable. keferences in this Addendum to terms defined in the Loan Agreement shall hue the definitions given to them in the Loan Agreement. unless otherwise indicated. Debtor and Borrower may he the seme. Where Burrower and Debtor are not the same, Debtor means the owner of the Property subject to this Secul try Agreement and Borrower means the obligor on the Loan Agreement. SECURED DEBTS. This Security Agreement will secure the following debts (Secured Debt,l, together with all extensions, renewals, refinancings, modifications, end replacements of the Secured Debts. (1) Sutras Advanced. All sums advanced and expenses incurred by Lender under die terms of the Loan Agreement or this Security .agreement. (2) Specific Debts. Debts created by the following instruments or agreements (include heirs such cis borr'on•ers' names, mote ununults, interest rates, uiaturirm' dares, err.)' i_c,=)n A:J1?-;J -Uooont hi_)tlil ilrsl"t, ? (31 All Debts. Notice - The Property may also serve as collateral for future advances. All present and future debts from Borrower to Lender, even of this Security Agreemment is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs the Loan Agreement as Borrower, Debtor agrees that this Security Agreement will secure debts incurred by any Borrower either individually or with others who may not sign the Loan Agreement. Nothing in this Security Agreement constitutes A comnntnlenr to make additional or future loans or advances. Any such commitment must he in writing pursuant to the terms of the Loan Agreement. SECURITY INTEREST. To secure the payment and performance of the Secured Debts, Debtor gives Lender a security interest in all of the Property described in this Security Agreement that Debtor owns or has sufficient rights in which to transfer an interest, now or in the future, wherever the Property is or will he located, and all proceeds and products of the Property. "Property" includes all pans, accessories, repairs, replacements, Improvements, and accessions to the Property'; any original evidence of usle or ownership; and all obligations that support the payment or performance of the Property. "Proceeds" includes anything acquired upon the sale, lease, license, exchange, or odor disposition of the Property; any rights and claims arising front the Property; and any collections and distributions on account of the Propery. This Security Agreement remums m effect until terminated to writing, even if the Secured Debts are paid and Lender is no longer obligated to advance tunds to Debtor or Burrower. PROPERTY DESCRIPTION, The Property is described as follows: Accounts and Other Rights to Payment: All rights to payment, whether or not earned by performance, including, but not limned to, pa} met[ for property or sin ties sold, leased, rented, licensed, or assigned. This includes any rights and interests (including all (tens) which Debtor may hale by law or Agreement against air} account debtor or obligor of Debtor. 0 Inventory: All inventory held for ultimate safe or lease, or which has been or will be supplied under contracts of service, or which are raw materiels, work in process, or materials used or consumed in Debtor's business. © Equipment: All equipment including, but not limited to, machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop equipment, office and record keeping equipment, pans, and tools. The Property includes any equipment described in a list or schedule Debtor gives to Lender, but such a list is not necessary to create a valid security interest in all of Debtor's equipment. ? Instruments and Chattel Paper: All instruments, including negotiable instruments and promissory notes and any other writings or records that evidence the right to payment of a monetary obligation, and tangible and electronic chattel paper. ? General Intangibles: All general intangibles including, but not limited to, tux refunds, patents and applications for patents, copyrights, trademarks, wade secrets, goodwill, trade names, customer lists, permits and franchises, payment intangibles, computer programs and all supporting information provided in connection with a transaction relating to computer programs, and the right to use Debtor's name. ? Documents: All documents of title including, but not limited to, bills of lading, dock warrants And receipts, and warehouse receipts. ? Farm Products and Supplies: All fame products including, but not linuted to, all poultry and livestock and their young, along with their produce, products, and replacenents, all crops, annual or perennial, and all products of the crops; and all feed, seed, fertilizer, medicines, and other supplies used oi' produced in Debtor's farming operations. North Dakota only - This Security Agreement covers crops now growing. This Security Agreement also covers future crops to be grown in lire current year or any year hereafter. ? Government Payments and Programs: All payments, accounts, general intangibles, and benefits including, but not limited to, payments in kind, deficiency payments, letters of enutlentent, warehouse receipts, storage payments, emergency assistance and diversion payments, production flexibility contracts, and conservatuu reserve payments under any preexisting, current, or future federal or state government program. ? Investment Property: All investment property including, but not limited to, certificuled securities, uncerulicared securities, securities entitlements, securities Accounts, commodity contracts, commodity accounts, and financial assets. ® Deposit Accounts: All deposit accounts including, but not limited to, demand, time, savings, passbook, and sinulu accounts. ® Specific Property Description: The Property includes, but is not limited by, the following (if required, provide real estate description l: .f? t.,(0 !-,1 ryT l.ist!.rt V!Wl'st A ci 1(A nIII -; r i 1. C` L.S: USE OF PROPERTY. The Property will be used for [A personal 0 business ? agricultural ? purposes. ? ADDITIONAI. TERMS: (include additional Sernrity Agreement terms and r owrorr reyuireutenrs) Debtor Type: ?'individual ? Partnership ? Corporation ? State of Registration (if applicable) !' , . , SIGNATURES. By signing, Debtor,agrees to the terns contained in this Security Agreement and acknowledges receipt of a copy of this Security Agreement. DEBTOR: Emiiy%htarimC ?: At 1-n I, lr2) Entity Name - -• 6-?cwr ...? (Seal) (Sealy Signature rm >r.- A . '. f •:: i. i1 "q i = it Date Signature Dale {Sea]) (Seel) Signature 1 Date Signature Date LENDER: 0..0141F1-',. 1-f,MF F ECIL(IAL. C'.C,G.C?iY ;!vet, r•1 Entr Name A(LI Yr = -ib-Dl (Seal) Signature (Sca)r Dair Signatwe Date COMMERCIAL SECURITY AGREEMENT. to be used with Form COMM-AGREE NOT TO BE USED FOR LOANS SUBJECT TO CONSUMER LENDING LAWS F??ttr ® 1999 Bankers Systems, Inc., St Cloud, MN Form COMM-ADD-SA 11/2/2001 (page I ut 2) Fl.rh i h; t r Collateral Listing Loan Account No. 7498-06 Year, Make, Model 1993 Dodge Colt 1993 Plymouth Voyager 1993 Plymouth Grand Voyager 1994 Dodge Grand Caravan 1.994 Chevrolet Lumina.- body jr-map, 1988 Chevrolet 1993 Plymouth Acclaim 1992 Chevrolet Lumina 1995 Dodge Caravan 1995 Oldsmobile Cierra 1994 Dodge Spirit 1993 Dodge Shadow 1993 Dodge Intrepid 1992 Ford Escort 1997 Ford Taurus 1996 Chevrolet Lumina 1997 Ford Taurus 1997 Ford Aspire 1996 Ford Aspire 1993 Plymouth Acclaim 1993 Dodge Spirit 1992 Chevrolet Cargo Van 1992 Chevrolet Cavalier 1991 Chevrolet Cargo Van. 1991 Dodge Caravan Mini Van 1990 Chevrolet Corsica 1992 Chevrolet Cavalier 1992 Chevrolet Cavalier 1992 Chevrolet Cavalier 1991 Chevrolet Lumina 1992 Dodge Spirit 1990 Chevrolet Cavalier 1991 Chevrolet Cargo Van 1995 Oldsmobile Cierra 1994 Dodge Spirit 1997 Ford Taurus 1997 Ford Escort 1996 Ford Taurus 1995 Chevrolet Corsica WN No. JB3CA36C2PUO32692 2P4G112531PR226128 1P4GH4430PX745539 1P4GH44R3RX272288 2G1 WL54TOR9133257 1GCDC14H8JZ141751 1P3XA4 GK4PF503176 2G1WL54T6N1111871 2NG112537S:R129302 1 G3A.r55M4S6381474 3B3AA4634RT225503 1B3XP28DIPNG45221 2B3ED56T4)PH612394 1FAPP14J2NW117558 IFALP57UOVA183342 2G1WL52M6T1143213 iFALP52U3VA163772 KNJLT05H7V6219896 KNJLT0511OT6190125 1 P3AA46K4RF196021 3B3XA4639PT633938 2GCGG39KON4137353 1G1 JC5444N7233845 1GNEG25Z3M7123736 2B4GK25X SMR245684 1 GILT54G3LY233457 1 G1JC5443N7139035 1G1JC5442N7139575 1G.1JC544XN7266753 2G1WN54TXM9104609 1B3XA46K9NF279711 1G1JC54G3LJ131575 1GCDG15Z6M7130694 1G3AJ55M9S6420785 1B3AA4637RF109190 1FALP52U6VA163846 1FALP13P7VW389902 I.FALP52U8TG264574 1GILDS548SY178701 Exhibit D 1995 Chevrolet Corsica 1CILD5544SY200273 1990 Mazda Protia6 JMlBG2244L0152349 199411yundai Elantra K.MHJF22R2RU543939 1992 Plymouth Acclaim 1P3XA4631NF191016 1988 Ford Econoline IFTJE34114JIIB95658 1993 Plymouth Voyager 2P4GH2533PR133353 1994 Dodge Caravan 2B4GIf125KXRR724081 1990 Chevrolet Cavalier 1G1JC54G2L7120077 1992 Chevrolet Cavalier IGIJC544XN7234403 1992 Chevrolet Corsica 1G1LT53T6NY127893 1993 Chevrolet Pick-up 1GCEC14Z4PE191589 1997 Ford Escort 1'FALP13P8VW357914 1997 Hord Aspire KNJLT05HI V6222017 1962 Plymouth Valiant Signet 1426197286 1963 Rambler Classis 660 1965 Dodge Monaco D456138536 1966 Dodge Coronet 440 W723061162954 1967 Chrysler Newport CE27G73253895 1970 Dodge Dart 340 Swinger LM23FIOR235854 1973 Plymouth Road Runner ItM21C13R314088 1974 Chrysler Newport Sdn CH41T4C207184 1968 Dodge Polara DL g36 ZD 193 079 1970 Chevrolet Malibu Cheve)le 1977 Dodge Van (Custom) B21BE7V090512 1989 Shelby Dakota Special Ed. Truck 1B7FL96Y6KS107712 1995 Dodge Ext. Cab Custom. Truck 3B7I1C13Z7SM134515 Exhibit D Additional collateral provided by: Year 1995 1996 1995 1999 1998 1998 1996 Make DODGE PLYMOUTH PLYMOUTH CHEVROLET FORD OLDSMOBILE FORD Dwight Heinzman 195 Chestnut Grove Road Shippensburg, PA 17257 Model INTREPID NEON NEON CAVALIER ESCORT ACHIEVA WINDSTA.R Vehicle Identification No. 1B3HD46T9SF677002 1P3ES27COTD593559 1MES47C70357985 1 G1 J'C524OX7278142 1FAFP13P8WW134612 1 G3NL52MOW'M306854 2FMDA5143TBB66461 Signature Date Exhibit D U C a nM _' W L 7 co CORNERSTONE FEDERAL CREDIT UNION, Plaintiff DWIGHT A. HEINZMAN AND STEPHANIE L. HEINZMAN, husband and wife, and DSM INCORPORATED Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA . NO. CIVIL ACTION MOTION FOR ISSUANCE OF WRIT OF SEIZURE AND NOW, this 22nd day of November, 2004, comes the Plaintiff, CORNERSTONE FEDERAL CREDIT UNION, by and through it's counsel, SALZMANN, HUGHES & FISHMAN, P.C., and in support thereof moves this Honorable Court for the issuance of a Writ of Seizure pursuant to Rule 1075.1 of the Pennsylvania Rules of Civil Procedure, and in support thereof respectfully represents: 1) On November 5, 2004, Plaintiff, Cornerstone Federal Credit Union, filed a Complaint against Defendants, Dwight A. Heinzman and Stephanie L. Heinzman, husband and wife, and DSM Incorporated, a true and correct copy of which is attached as Attachment 1 and incorporated by reference hereto. 2) As more fully set forth in the Complaint, Defendants, Dwight A. Heinzman and Stephanie L. Heinzman, husband and wife, and DSM Incorporated, are in default of several loan agreements with Plaintiff. Copies of these agreements are attached to the Complaint as Exhibits A through D. 3) Due to Defendant's default under the above described agreements, Plaintiff is owed the principal sum of $114,706.52 as of November 18, 2004, as more particularly set forth in the Complaint. 4) Despite repeated promises to cure the default, Defendant now refuses or is unable to do so. 5) Defendant has conveyed to Plaintiff that it will resist any attempted peaceful repossession. 6) As demonstrated by the Complaint, Plaintiff is entitled to immediate possession of the vehicles described in the Collateral Listing attached to the Complaint as Exhibit D. 7) As more fully identified in the Complaint, the last known locations of the vehicles described in the Collateral Listing are at Defendants' residence located at 1401 Trindle Road, Carlisle, Pennsylvania, at the business located at 195 Chestnut Grove Road, Shippensburg, Pennsylvania, and at other properties currently unknown. 8) Plaintiff believes and therefore avers that the total estimated value of the vehicles which are described in Exhibit D of the Complaint is approximately $60,000. The vehicles continue to depreciate and decline in value as a result of Defendant's continued possession and use of the vehicles. 9) Plaintiff has obtained and will file a bond issued by a corporate surety, approved by the Prothonotary, naming the Commonwealth of Pennsylvania as obligee, in double the value of the property averred in the Complaint. Wherefore, Plaintiff respectfully requests this Honorable Court to grant an Order authorizing the Prothonotary to issue the attached Writ of Seizure pursuant to Rule 1075.1 of the Pennsylvania Rules of Civil Procedure. Respectfully submitted, 1 A4(?? By. ?IAQAk_'? SALZMANN, HUGHES, & FISHMAN, P.C. Steven I Fishman, Esquire Supreme Court No. 16269 Susann B. Morrison, Esquire Supreme Court No. 77041 95 Alexander Spring Road, Ste 3 Carlisle, Pennsylvania 17013 (717) 249-6333 Attorneys for Plaintiff, Cornerstone Federal Credit Union COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) AFFIDAVIT Before me, the undersigned authority, personally appeared DAVID G. KEFFER, who being duly sworn according to law, deposes and says that he is Manager and C.E.O. of CORNERSTONE FEDERAL CREDIT UNION, that as such he is authorized to make this Affidavit on behalf of Plaintiff, and that the allegations of fact contained in the foregoing Motion for Issuance of Writ of Seizure are true and correct to the best of his knowledge, information and belief. Date: /1-1 %- 0 ? CORNERSTONE FEDERAL CREDIT UNION BY:i?^? David G. Keffer Sworn to and subscribed in my presence this /,F day of 2004. Notary PubK7 COMMONWEALTH OF PENNSYLVANIA NofarW Seal Tammy I. Myers, Notary Public South Middleton Twp., Cumberland County My Commission Expires Dec. 15, 2007 Member, Pennsylvania Association Of Notaries CORNERSTONE FEDERAL CREDIT UNION, Plaintiff DWIGHT A. HEINZMAN AND STEPHANIE L. HEINZMAN, husband and wife, and DSM INCORPORATED Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA . NO. CIVIL ACTION WRIT OF SEIZURE To the Sheriff of Cumberland County: You are directed to seize the vehicles described in the Collateral Listing attached to the Complaint as Exhibit D. If the property is found in the possession of anyone not already a defendant, you are directed to add him as a defendant, and notify him that he has been added as a defendant and is required to defend the action. You are directed to take all necessary action, including the breaking of locks, chains, doors or gates in order to enter upon the premises where said property is located and in order to take possession thereof. Possession of the aforesaid property is to be given to Plaintiff Cornerstone Federal Credit Union. If the property to be seized is located in a county other than Cumberland County, the sheriff of the county where the property is located shall be deputized by you for the purpose of seizing the property and the Sheriff of such other county, shall seize the property described in this writ within his jurisdiction without the posting of any further bond by Plaintiff. Curtis R. Long Prothonotary of Cumberland County Date of Writ: By Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION-LAW JAMBETH INVESTMENTS, L.L.C., Plaintiff Vs. No. 0 9 - ? ? (' C?" '-?--- Marvin Kieffer, et al, Defendants MOTION FOR SPECIAL SERVICE PURSUANT TO Pa. R.C.P. 430 AND NOW, this 29th day of October, 2004, the plaintiff Jambeth Investments, L.L.C., hereby moves this Honorable Court for an Order in its favor on the following grounds: 1. This action was commenced on or about October 29, 2004. 2. The property known as High Mountain Road, South Newton Township, Cumberland County, Pa. was sold at the Cumberland County Upset Tax Sale on 9/23/2004, and the plaintiff, Jambeth investments, L.L.C., was the successful bidder. 3. The subject property is vacant land with no buildings erected thereon. A copy of the legal description of the subject property is attached hereto as Exhibit "C." 4. During the course of the tax Sale proceedings, the Cumberland County Tax Claim Bureau sent restricted delivery mail to defendant Marvin Kieffer, however that mail was returned to the TCB. 5. Plaintiff, Jambeth Investments, L.L.C., made numerous attempts to locate both defendant, Marvin Kieffer, including for each defendant where applicable the following: a check of the Board of Assessment records for the most recent address; a review of all telephone books for the areas in question; a check of the voter's registration records for addresses; telephone information was contacted for a new listing; the Pennsylvania Department of Revenue and the Pa. Department of Motor Vehicles was contacted in an effort to obtain an address and a review of the Pennsylvania Department of Corporations. Despite all of these efforts, no new address was obtained. 6. This Complaint is an Action in Quiet Title to eliminate any existing cloud on the title. WHEREFORE, the plaintiffs pray that your Honorable Court will enter an Order, provided as follows: Plaintiff, Jambeth Investments, L.L.C., shall serve the defendant by publishing a Notice to Defendant of the filing of an Action to Quiet Title describing the land subject thereof, its location, the date of filing of the Complaint, the civil action number of the Westmoreland county Prothonotary and the relief requested. Said Notice shall be published once in the Westmoreland County Legal Journal. Jambeth Investments, L.L.C. Irvin E. vlow, mem r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW JAMBETH INVESTMENTS, L.L.C., Plaintiff Vs. No. MARVIN C. KIEFFER, et al, Defendants AFFIDAVIT FOR SPECIAL SERVICE PURSUANT TO Pa. R.C.P. 430 S4A4.t COMMONWrr4LTl I OF FLORIDA: COUNTY OF COLLIER: S.S.. IRVIN E. POVLOW, being duly sworn according to law, deposes and says that I am the managing member of the plaintiff in the above captioned matter, that I make this Affidavit in support of our Motion for an Order for Special Service. 1. This action was commenced on or about October 29, 2004. 2. The property known as High Mountain Road, South Newton Township, Cumberland County, Pa. was sold at the Cumberland County Upset Tax Sale on 9/23/2004, and the plaintiff, Jambeth investments, L.L.C., was the successful bidder. The subject property consists of vacant land with no buildings thereon erected. During the course of the tax Sale proceedings, the Cumberland County Tax Claim Bureau sent restricted delivery mail to defendant, Marvin C. Kieffer, however that mail was returned to the TCB as "unclaimed." Thereafter, the Tax Claim Bureau mailed the Notice of Sale, by registered first class, with proof of mailing as recorded in mail book, and it advertised the Notice of Sale in a newspaper of general circulation in the county and mailed a post-sale notice informing the owner that the property was sold at the tax sale. 4. Plaintiff, Jambeth Investments, L.L.C., made numerous attempts to locate defendant, Marvin C. Kieffer, including where applicable the following: a check of the Board of Assessment records for the most recent address; a review of all telephone books for the areas in question; a check of the voter's registration records for addresses; telephone information was contacted for a new listing; the Pennsylvania Department of Revenue and the Pa. Department of Motor Vehicles was contacted in an effort to obtain an address and a review of the Pennsylvania Department of Corporations. Despite all of these efforts, no new address was obtained. 5.This Complaint is an Action in Quiet Title to eliminate any existing cloud on the title. h Investme L.L.C. qrvi Po low Sworn to and subscribed before me this 29th day of October, 2004. n A (2, 4I Notary Public -- , - L"A A. MW i COMMM x DD 031457 EXPIRES: Jung 5, 2005 ? -..? L bonded ihru No" %* Underwrfters ? Y _1v _ / I 20h 4 ?! soft +;,,?. ra...r ?B.r w.a.t,.r• sash-Mau. [i9691- - ?'.•Bal-do C. Yisffer,'inistretour of the state of llsry sy.tlitter. i?etesaed. Lte ofldr the Aoroulsdeof Hasaasistow. Dekaphie Coantr. ?saaritasia. Crastor, Peru of • tthh •Pirdt -art, ' 4 - - AM. 'RaEiia a.•iieffsr.•wfAorsr,, of the said Borquah of MwoeAstama, aad'Stets afad"ssald, amt", parer county ff rtr=mW W. .. 'rT1 Y raw a.,rt M I -4.ete fw W, 10 k akrefnrep :. y dr, im.1.. f1o00 7 .. - i i. axsk hod B.Ytly if Ar' airaet aver y Anal., mW ad k* prh;tltlr ,ud se+ r of w ea./ > per r ar sit boW { AM fw.tr d eel /$w:lir&&4 .r a N /War ?n...q sM r.egt ?.. .t...tk ae'?' Ny .• .?!rs?+ s.t «¦F.:rt .wi b am Parma * as. . ? *a. Jr..ya /, rdnd ••••*w .af aVyas aelY a, nM /err of MAP ane.t 1- his yr, md;:04M . that eeraate pisoe or parcel Of Mountain land situate i9 South No bra ex hp canherland aoaea?, reob ni aaia a olm beas&& aw . . imch ra U at a putt Moser, of adjoining zot go. 3 (`? aa:.e:) ' thanes, the sees dot Da. 1 oorlb fifgi fise (?) deareee out tnirtr.Rime and VOW (39.1)•h to a t• this" 1W Use land man or ?? or taaea xeesro, .Gut tirsot?-oa tt13 dw-a s east, oiaetr-six (96) Perches tO a Post; thane bee t+o$ Ka. (same ankisy) aorith filti-fiv+ (•5) 44Mw4 vast thifty-nive ON 2AOths (39.2) perskae to s .peat- thomme tr the Iaad am or foratsrlr or. Heels ' Werth t-OM_ ?13 ia?ww rsitt, piaatr-ai?t (qb) pt to the 3 glace of booml s WWAdMRO•CMlaty-tro (22) awes sad ON hWrod:' twstr-elaut (i prate" strut meseare. i AND WIM the ease traoit of land Whisk Lae D. lle8ialh as executor of the 'lest Hill sod 21estmasnt of Jamb H. tlohoth. DeAaasQ by his deed i :dated Apra! 27 1952 and recorded to the 2"Ordar br Dwads Ofriae'in W for Coaber3ead Couatr. te. in Used hook !Ae, Volose is, Psn g, ' granted am auto Iha?r Rq Uoff ar. AND the said lii ! Ue ,,ft'l 't Waarr+ia o. xiefrar, D.G.aGea, aepartea tais'lsfe, on ?rf r§, 1u9 . yax"" of Administration oo.her estate Vero k =t ad wo" bar* Demoted. Marvin C. Kieffer. pertr of the second herein, 'help heir at law. This Lai a deed, of dk ikkkatioo rise HS,tste of Mire to her hWibead to. • - her hair. ' .. - ' LO ,d : ?KMZLiL '011 M PaejJagnn, fsao qy 9"1 18d OflOZ-BZ-190 VERIFICATION The averments or denials of facts contained in the foregoing are true based upon the signer's personal knowledge, information or belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of these is true. This verification is made subject to the penalties of 18 Pennsylvania C.S. 4904 relating to unsworn falsification to authorities. beth Investkmem By: Irvin v , Date: October 29, 2004 E f r YNrNAIA?N NPI d U =z WJ U AGN U0Z AbKONIO'Hiol3 ]HI -4 3-OU?0--0u3lU CORNERSTONE FEDERAL CREDIT UNION, PLAINTIFF V. DWIGHT A. HEINZMAN AND STEPHANIE L. HEINZMAN, Husband and wife, and DSM INCORPORATED, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5885 CIVIL TERM ORDER OF COURT AND NOW, this 7VIA day of December, 2004, the order entered on November 30, 2004, granting a motion for a writ of seizure, IS VACATED IN ITS ENTIRETY. A hearing on the motion for a writ of seizure shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania on Friday, December 16, 2004, at 1:30 p.m. By t Court, Susann B. Morrison, Esquire .- , (0)5e 0, For Plaintiff r9 sal t:°s ? ? z ?3 ? -- ? ...?.f C } fir?:i, ? `` ''` c? T ? _ ? ??;, ? ..?., ' :? _.?? '- - - r - - r?.a .. " ? C.a) C°.C'+ CORNERSTONE FEDERAL CREDIT UNION9 Plaintiff DWIGHT A. HEINZMAN AND STEPHANIE L. HEINZMAN, husband and wife, and DSM INCORPORATED Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA . NO. S$85-o? CIVIL ACTION NOTICE OF HEARING FOR SEIZURE OF PROPERTY TO: DWIGHT A. HEINZMAN, "' STEPHANIE L. HEINZMAN and DSM INCORPORATED I.:': i' c= {`' You are hereby notified that: r: 1. Plaintiff has commenced an action and has filed a motion for seizure of the property described in the Complaint. A copy of the Complaint and Motion is attached to this notice; 2. There will be a hearing on this motion on December 16, 2004 at 1:30 p.m. in Judge Bayley's courtroom in the Cumberland County Courthouse, Carlisle, Pennsylvania; 3. You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized; 4. Your failure to appear at the hearing may result in the seizure of the property claimed by Plaintiff before a final decision in this case. SALZMANN, HUGHES & FISHMAN, P.C. BY: L? , 9--ym?- --- SB. Morrison, squire Supreme Court No. 77041 95 Alexander Spring Road, Ste 3 Carlisle, Pennsylvania 17013 (717) 249-6333 CORNERSTONE FEDERAL : IN THE COURT OF COMMON PLEAS OF CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-5885 DWIGHT A. HEINZMAN AND CIVIL ACTION STEPHANIE L. HEINZMAN, husband and wife, and DSM INCORPORATED Defendants ORDER OF COURT AND NOW this 16th day of December, 2004, the hearing on the motion for a Writ of Seizure scheduled for December 16, 2004, shall be continued generally pending resolution of Defendant's bankruptcy proceedings. By the Court, , ?/G Edger B. Bayley, J. a r n ? f i CID • • CASE NO: 2004-05885 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORNERSTONE FEDERAL CREDIT UN VS HEINZMAN DWIGHT A ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEINZMAN DWIGHT A the DEFENDANT , at 2113:00 HOURS, on the 6th day of December-, 2004 at 195 CHESTNUT GROVE ROAD SHIPPENSBURG, PA 17257 DWIGHT HEINZMAN by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.32 Affidavit .00 Surcharge 10.00 n? Z1. . JG Sworn and Subscribed to before me this day of A.D. i >14 . ?T-Pr othonotar So Answers: R. Thomas Kline 12/07/2004 SALZMANN HUGHES FISHMAN By Deputy heriff CASE NO: 2004-05885 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORNERSTONE FEDERAL CREDIT UN VS HEINZMAN DWIGHT A ET AL HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEINZMAN STEPHANIE L the DEFENDANT , at 2113:00 HOURS, on the 6th day of December-, 2004 at 195 CHESTNUT GROVE ROAD SHIPPENSBURG, PA 17257 STEPHANIE HEINZMAN by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 nn So Answers: R. Thomas Kline 12/07/2004 SALZMANN HUGHES FISHMAN Sworn and Subscribed to before me this day of A.D. By. eputy Sh riff rothonotary' SHERIFF'S RETURN - REGULAR CASE NO: 2004-05885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORNERSTONE FEDERAL CREDIT UN VS HEINZMAN DWIGHT A ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ncivr rxrrnr??nnn'r?r? the DEFENDANT , at 2113:00 HOURS, on the 6th day of December , 2004 at 195 CHESTNUT GROVE ROAD SHIPPENSBURG, PA 17257 by handing to DWIGHT HEINZMAN, PRESIDENT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this- day of 2M9' A. D. Prothonotary' So Answers: R. Thomas Kline 12/07/2004 SALZMANN HUGHES FISHMAN By: Deputy She ff - 'N CASE NO: 2004-05885 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORNERSTONE FEDERAL CREDIT UN VS HEINZMAN DWIGHT A ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HEINZMAN DWIGHT A was served upon the DEFENDANT , at 1449:00 HOURS, on the 9th day of December-, 2004 at 1401 TRINDLE ROAD CARLISLE, PA 17013 DWIGHT HEINZMAN by handing to a true and attested copy of COMPLAINT & NOTICE ORDER OF COURT, NOTICE OF HEARING FOR SEIZURE OF PROPERTY, MOTION FOR ISSUANCE OF WRIT OF SEIZURE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 nn J 1 ! V Sworn and Subscribed to before me this 'i day of U0 A.D. _ ?1 f So Answers: R. Thomas Kline 12/14/2004 SALZMANN HUGHES FISHMAN By. Deputy S er' othonotary CASE NO: 2004-05885 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORNERSTONE FEDERAL CREDIT UN VS HEINZMAN DWIGHT A ET AL BRIAN BARRICK Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DSM INCORPORATED was served upon DEFENDANT the , at 1449:00 HOURS, on the 9th day of December-, 2004 at 1401 TRINDLE ROAD CARLISLE, PA 17013 DWIGHT HEINZMAN. PRESIDENT by handing to a true and attested copy of COMPLAINT & NOTICE ORDER OF COURT, NOTICE OF HEARING FOR SEIZURE OF PROPERTY, MOTION FOR ISSUANCE OF WRIT OF SEIZURE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 In L V . V V Sworn and Subscribed to before me this day of l 2c*v A.D. , Sheriff or Deputy Sheriff of So Answers: R. Thomas Kline 12/14/2004 SALZMANN HUGHES„ FISHMAN By: Deputy Sheriff rdthonotary • -ti CASE NO: 2004-05885 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORNERSTONE FEDERAL CREDIT UN VS HEINZMAN DWIGHT A ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the HEINZMAN STEPHANIE L was served upon DEFENDANT , at 1933:00 HOURS, on the 13th day of December , 2004 at 195 CHESTNUT GROVE ROAD SHIPPENSBURG, PA 17257 by handing to DWIGHT HEINZMAN, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with ORDER OF COURT, NOTICE OF HEARING FOR SEIZURE OF PROPERTY, MOTION FOR ISSUANCE OF WRIT OF SEIZURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.84 Affidavit .00 Surcharge 10.00 n, G I . U -X Sworn and Subscribed to before me this day of -.Ztb.? A. D. So Answers: R. Thomas Kline 12/14/2004 SALZMANN HUGHES FISHMAN By: ?J De uty Sheri f othonotary Curtis R. Long Prothonotary office of the i9rotbonotarp ?umberYattb ?Coutttp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor OS' - S-98S' CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • FaY