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HomeMy WebLinkAbout02-5638HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 800 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants NOTICE CIVIL ACTION - LAW REPLEVIN NO. 02- S?3P ?LU1 ` !, 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 527277.1 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES OF NORTHEASTERN PENNA., INC. 410 Bicentennial Building 15 Public Square Wilkes-Barre, PA 18701 (570) 825-8567 or 145 East Broad Street Room 108 Hazleton, PA 18201 (570) 455-9512 PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: (717) 238-6715) COURT ADMINISTRATOR Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 YORK COUNTY COURT ADMINISTRATOR York County Courthouse 28 East Market Street York, PA 17401 (717)771-9234 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 527237.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. Plaintiff . CIVIL ACTION - LAW JOHN W. GOLDEN and CARRIE A. GOLDEN, REPLEVIN Defendants NO 02 j'6 3,P - COMPLAINT The Plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendants, John W. Golden and Carrie A. Golden (the "Goldens' ), as follows: I • Tammac is a corporation conducting business in the Commonwealth ofPennsylvania, having an office located at Arena Hub Business Complex, 275 Mundy Street, Wilkes-Barre, PA 18702. 527221.1 2. The Goldens are both adult individuals having a last known address of 9 Buffalo Drive, Shippensburg, Cumberland County, pA 17257. 3. On or about July 18, 2001, the Goldens were the owners of a 2000 Fleetwood mobile home bearing VIN VAFLX19AB03009BE13 (the "Collateral"). 4. On or about July 18, 2001, Tammac made a loan to the Goldens in the amount of $42,582.50, as evidenced by a simple interest note, disclosure and security agreement (the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 5. In order to induce Tammac to make the aforesaid loan, the Goldens granted Tammac a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 6. The Note was not assigned. 7. The Goldens defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 8. The Goldens are due for their August 18, 2002, payment. 9. Upon information and belief, the fair market value of the Collateral is $26,803.39. 10. Tammac believes and therefore avers that the Golden have possession of the Collateral. $27221.1 2 11. The Goldens have failed and refused, despite repeated demands by Tammac t the balance due under the Note or to deliver possession of the Collateral to Tammac, o pay 12. The balance of the Note as of November 1, 2002, was $44,076.16, consisting of principal in the amount of $42,336.66 and accrued interest in the amount of $1,904.34, minus a suspense payment in the amount of $164.84, exclusive of attorneys, fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against the Guldens in the amount of $44,076.16, plus interest from November 1, 2002, attorneys, fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 Dated: i 7 ,2002 HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 527221.1 VERIFICATION I, Jeffrey A. Goodrich, Collection Supervisor ofTammac Corporation, have the authority to make this verification on its behalf. The statements contained in the foregoing complaint are true and correct to the best ofmy knowledge or information and belief. I understand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. 4?'?= ?err.ey ?yvoodrich, Collection Supervisor 527233.] Borrowerlal V John WGolden Carrie A Golden 9 Buffalo Drive Shippenourg PA 17257 1" means each Borrower above, jointly and Note -For value Lender Tammac Corporation 275 Mundy Street Wilkes-Barre, PA 18702 "You" means the Lender its su Data 07/10/2001 A phrase, clause, or paragraph on this form that is preceded by a ? that is not checked does not apply to this loan. ccessors and assign I promise to pay to you, or your order, at your address above, the principal sum of: _ :wo an 50/100 Plus interestfrom. 07/18/2001 Dallera 8 925 82.50 El Post ...... tuInter at the rate of 13 .5 Y M -lA'jteClnbigrity the unpaid balance of principal will earn interest at the a % Per the proceedsceatls r year until 7/18 /203x! af ? A Finance a is w! - I.a1aF9gree to pay a nonrefundable fee of 8 , (l( this fee is withheld from. the proceeds, the amount is inclu -nt ded in the principal sum.)and it will be ? % per year. Paid in cash. El withheld tror Payments - The number, aintium and due dates for scheduled payments are disclosed in the Truth in Lending disclosure below. Late Charge - If there is a late charge for this transaction, it will be disclosed in the Truth in Lending disclosure below. The Purpose of This Loan Is - PURCHASE A MOBILE HOME ? Bad Check Charge - I%gre9 to pay a charge of b This Loan Made Under ' if I make a payment with a Check that is dishonored. ?Thl. loan is secured by ®Security Agreement -1 give you A security Interest in the Property describetl below. The rights I am I dated 07/18/2007/18/2001 this agreement secures are defined on page 2 of this agreement. giving' )ving You in this Property and the obligation. 2000 401 X 281 Fleetwood VAFLX19AB03009 The cost of my credit as a yearly rata. m rwwtv"u RGE t The dollar amount the ill cred AMOUNT FINANCED The AMOUNT FINANCED di TOTAL OF PAYMENTS 13.50 i w cost me. % cre t provded to me or on m behalf. Y The amount 1 will have peitl when I have made all scheduled f 133007 50 ! 42582 50 payments. Mont Schedule will be ! 175590.00 487.75 1Beginning 8/18/01 and on the 18th of each successive Wnth thereafter. Security -i am giving. a security !merest in: ® the Goods or Property being purchased. 9 Buffalo ? I9 Buffalo Drofi ve other property) shi Collateral securing other loans with you may also secure this loan. Ppensburg El PA 17257 ® Lets Charge - I agree to pay a late charge equal to 10 days after !t is due, orb % of the unpaid portion of an installment not peitl within 15 Prepayment -' whichever is If I pay off this note early, I will not have to pay a penalty. ® If I pay off this note early, I will not be entitled to a ® Assumption - Someone buying the property refund Of pert of the finance charge. securing this loan may ® cannot assume this loan on its original terms. and Prepayment refunds s and end penalties. 1 can sea contract documents for any addtionet information about nonpayment, default, antl any required repayment before the scheduled data, 13 If you do not meat your contract obligations, you may laaa your Credit Insurance -Credit life, credit to obtain credit you will not t pr pr accident and sickness (disability), unemployment antl any other insurance cover. (if I qualify for coverage): you are uotin Be quoted below, are not requires to ob and dvitle them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for mr 9 g below ONLY the coverages I have chosen to purchase. Credit Life . ? Slrlgla ? Joint Insured Credit Disability - 13 Single El Joint Insured Premium 8 Term Credit Unemployment . C3 Single ? Joint Insured Premium $ Term Name of Insurance Company Premium $ Term MY signature below means) want (only) the insurance coverages) quoted above. If none are quoted, I have tleclinad all coverages you offered. X D.O.B. 1/14/71 X D.O.B. 6Z28/77 _ X D.O.B. D.O.B. ® Property Insurance -Property insurance is required. I may obtain property insurance from anyone I want that is acceptable W you. If I get the insurance from or through you, I will pay 0 1065.00 for THREE YEARS Itemlzatlon of Amount ta..n..a of coverage Amount paid 10 me directly Amount paid on m a 6 Signature.. I agree to the terms on page 1 and 2 of this agreement. -0' 00 1 have received a Copy of this document ' y ccount Amounts paid to others o on today s data. COSIGNERS - SEE SEPARATE NOTICE BEFORE SIGNING n my behalf To insurance companies To pulic official. b ..filing lase only b b . 065 .00 signature To public officials - other than fling fees 8 - ?-- O our b h if 41400 G 8 _ ance Fee a g 11750 L b signature Charge Am.untFin,nC.d 0.00 b --- 42582 -50 sienamre 0 1997 Bankers S w,B ,, Iz.. S' Claq. MN ForM FC-81 ON PA e11.118 fpage t a! 2 - ADDITIONAL TERMS OF THE NOTE DsMitiona ' " A , on means each Borrower who signs other or ..to and e..h or Igel entit entl i DDITIONAL TERMS OF THE SECURITY AGREEMENT this Secured Obli ti y ( ga ons - orsers, end sureties) who am ncluding guarantors, This security agreement secures this loan (includin as You. gees to pay this note (together re/erred to all extensions, renewal., refinancings and modifications) and or "youf": means the Lender and i debt I have with assi gns. ts successors any pan of this note tango[ b Is an you now or later. Pro any .the and agreement will not secure other such Property in this if and to 1 e enforced, such feet will not affect the 1 rest of this note th Any Change io this not Constit @ note must be in writing andsi signed 6 any agreement securing g Y You a u and me. - , utes my Principal residence; or this 2. is household goods Prepayment - 1 may prepay this loan in whale or in part at any tim prepay in part, I must still make each lat e. This security agreement will last until it is discharged in writing. For th, sole purpose of f determining the extant of a purch If I serest i i as it becomes due er payment In the original amo until this note is peitl in full. ar s ase money securit ng er this security unt agreement: t Payments on any The a rate and char c har Yh .. agreement will not be deemed sto apply ply t tloan also secured by thi and te an ges the or charge highest rate allowe wed c ges for on this this loa law n. Post Maturity Interest Rate - If this Section is checked, the post rate will begin t to the nonpurchase mono Y Loan Will be deemed to apply his Purchase money y Portion of the loan, if any, any, a and than to Y obligations i h matur o apply on the day after maturity or, it the loan is default and we accelerate after default, on such d t e,i n t ity acquired. e order in which the items war, in No security a e. loan if: - 1 will be in default on this loan and any agreement se loan if: i D Purchase Money Loan' Ilmeans e any loan the p oceeds of which, ino whoa or in part, are used to acquire cur ng t g I fail to make a payment i full when due or 2 Y an his erty the 10 and al extensions, renewals, consolidations end ref encingso of such l . our prospect of payment, performance, or ability to realize upon t ' property is significantly impaired. If are default oan. he Property -The word "Property listed in the security agreement on pa I ge . If a general description is may exercise Your remedies against the word Property inclutlea all my property fitting the any or all of us. You description. Property also me Remedies - If I am in default on this loan or any agreement securin loan, you may exercise th ans all benefits that arise from the describe, others, interest, FMos ly (Including all proceeds, insurance benefits, payments fro, stock i l d t g your rights llowin . by law and this agreement. also understand and agree to the following: 1 Y s or laer is I property that naw attached to, is a part o/,gorsresuits afr e . ou may accelerate the due date of the unpaid principal balance of th loan, plus Schedul accrued d eat and charges, making it due in its enti before the eed l d d om thf e Ownershi P And Duties Toward Pro u ret a ue date. 2. Yau may realize on an 3. You any Property securing this transaction may its an more perty - U pies n Chat I own of th[ y Property signed a third party agreement, I represent that own all thz Property. I will defend the Property against a in n security or new Parties obligated whatever you require to perfect Your interest and keep claim. I agree to do loan (or both) th) return for not using any other remedy to Pay this not do anything to harm Your p your priority. I wit 4. You may mak o iti . e a claim for any and ell insurance benefits or refunds pe if I default and p s on, I will keep the Pro rty in my Possession (except if pledged and delivered to you). I will keep it in gold r i right to treat foie you choose not to exercise a remedy, you do not lose the event as a default if it happens a i epa r and use it only for its intendec purposes. I will keep it at writing, my address unless we agree other i ga n. Costa Of Collection And Attorneys Foss - I agree e you incur to Collect this d pay You the costs b w se it I will not try to Sell or transfer the Property, or permit the Property tc become attached to any real estate witho t e t or realize on an reasonable attorney's fees and coon costs. Y security. This includes your This provision also sh ll , u your written consent. I wit pay all taxes and charges on the Property as they become due. I will inform you of any lass or tl emaga to the P a apply if I file a petition or any other claim relief under any bankruptcy rule or law of the U it titi d roperty. y. VOU have the right of reasonable sccesa in order to impact the Property, n pe e tat es, or if such on or other claim for relief is filed against me by another. Insurance - I agree to buy oe, the P f Independent Obligation - I understand that my obligation to is independent of the Pay this l bli or the amounts reasonably require roperty against the risks and , In 1, I will name you as loss Payeeo o i : o oan gation of an to pay it. You ma any other person who has also agreed n tonics, release right you may have ag u a n t P l c any suc It 2. You may policy. insurance proceeds to be used rit Y permit any i is ( oan p e n s a y of us, extentl new cretlit to any y of us, or renew or change this note one or more times and for any term still be and I i I repa r or l the Property. 3 If the insurance Proceeds d° not cover the amounts I still owe will pay the difference you I , w security urity interest r pay this loan. You may, without notice, fail to Perfect Your aast in, impair, or release an t set obligated to pa Y security and 1 will thi tilt b l . , 4. 1 will keep the Insurance until all debts secured by this agreement are Paid. y s a oan. e Waiver - I waive (to the ext If I do not buy, maintain, and arrange to have as agreed above, I understand and agree: YOU named as lass payee, ent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. t' YOU may, but are not required to, purchase insurance interest in the Pro to protect t e o Privacy - I agree that from time to time information about me fr to You may receive cretlit r y p y ur , 2. The insurance you buy may be from an agent or company I might not choose. om other,, incl other lenders. I agree that you may (uWin on credit report, . Cis eratl't and experience information re di 3. The insurance will not cover my equity in the Property, 4. The premium you pay may be substantiall hi h ar n Information. g g my loan to others seeking such y g er than the premium I might be required to pay for the insurance I h note. ave agreed to buy on this Financial Statements - 1 will give you any financial statements or information that you feel is necessary. All fifianci statemene and information I give ill OU Default And Remedhis - If I am in default, in addition to the remedies listed in the note Portion this doc w Y be corn act and complete. ument, you may (subject to any applicable notice and cure period): Purchase Money include the name Lof the 3.1ler on Js. - If this the checkc° ad draft mfor thi oney Lo Y you may t, Pay taxes or other charges, or purchase any required insurance, if I fail to do these things (but you are not required to do so), You ma the amount you dd s aen, y a Pay to this loan and accrue interest on that amount at the interest rate in effect on this note until id For Federal Usury Proem tfon for P Manufactured Home Loa pa in full- 2. Require me to gather the p ; roperty and any related records and make it available to you in a reason bl ns: The following terms apply if, on Orm, Federal Usury Preemption i9 it d th f I his a e fashion; 3. Uae any other remedy allowed by law. agree a when n c e as e authority for die You moat give notice to me of your Intended sale or th aI age ot These terms will suparsede'dnything to the contra Property, the notice is reasonabl fo if i l i ry rm: e n this my t is sent to me at ast known address by first class mail 10 days before the intended 1 . The let e charge,. if them is one, will not a I sale or di apoaitipn, I agree to inform you in writing of adtlre t h P h sc o t P Y e final eduled installment. an as, y change in my 2. PREPAYMENT - y0U MAY PIiEPAy T HIS LOAN !N FULL OR FlIIne - A copy of this sacurrty agreement may be used as a financing 3. Not AT ANY efau t TE statement when allowed by law l xcept a. provided urt e-r below, we will not accelerate the unpaid balance of this Contra t . to 1 c , repossess or foreclose on any Property. until after we send you a notice period i e lt n u did May not be equred t end to s YOU asnotice lif (1) youdhave abandoned the Manufa t d c ure Home, 121 yau received two notices in the prior one-year. period or (31 th , o er extreme circumstances exist. Notice of Proposed Insurance - If so indicated on the front of this note, credit life insurance coverage and/or Credit accident and health insurance coverage will apply to this note: The insurance company named on the front of this note will write the insurance. The insurance covers only the person(s) The charge for each signing the request for insurance type of credit. insurance to be purchased is as indicated the (rant . the date of f this of thinote. The term of insurance will begin as of s note and will end on the original due date of this note. Subject to acceptance by the insurance company and within 30 days, a certificate of insurance will be given to the insured. If this note is prepaid be fora it is due, a refund Of insurance charges will be made when due. 0 19a7 aenk rs Swvims, inc., 9t C10W, MN Form FGSI-DN-PA 9l19,,a (Pepe 2 of 2) / G c. ? e J v I"IFICATE qg=. ERA[ LAN L72S7 X111 EAY OF, P ..Mir .. F" N a7 F-? O m f-? ??IXI DNORI3ED REPRE$ENigTVE $E DLIEN RE ABED flb 1001 CID, P, AU 4k? ?S T RE'. PA 38702 ' V•F may.. iM deaM 2mNe d Bp P?me?Nenle pepyplmr. ?(d'a, ?^^roew rrm.a Homo ? u+e awM uwnx' . R, secs ., Y ^ r`R, Na DD'pl nBBr What IMn b$ Tnnnnm q mN ,y e ?a.l'E fi kw'S' NUMBER k Co0 w d C 0 2 2002 TAMMAC CORPORATION, Plaintiff Vs. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants RULE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 02- 94v & 0 001 I?'1 And now, this t day of -bG.tt wl tJ , 200'?, upon consideration of the motion for writ of seizure filed on behalf of the plaintiff, Tarnmac Corporation, a Rule is hereby entered upon the defendants, John W. Golden and Carrie A. Golden, to appear and show cause, if any there be, why the relief requested in the plaintiff's motion for writ of seizure should not be granted. Rule Returnable for answer and hearing theA??day of , 2002, at -A.m. in I Len" MKS J. j.Z? ty "d o? 527242,1 BY THE COURT, ? ??i?? ?-N ?d J LAY 7 ?Q 1,F)o :Z Lid ^ - J 1? 0 t SHERIFF'S RETURN - REGULAR CASE NO: 2002-05638 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS GOLDEN JOHN W ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon GOLDEN JOHN W the DEFENDANT at 0021:05 HOURS, on the 3rd day of December 2002 at 9 BUFFALO DRIVE SHIPPENSBURG, PA 17257 by handing to JOHN W. GOLDEN a true and attested copy of NOTICE AND COMPLAINT IN together with REPLEVIN, PLAINTIFF'S MOTION FRO WRIT OF SEIZURE, BRIEF and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before methis day of '?e U2i?a:L A.D. rothonotary So Answers R. Thomas Kline 12/04/2002 HOURIGAN, KLUGER & QUINN By: r D uty heri SHERIFF'S RETURN - REGULAR CASE NO: 2002-05638 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS GOLDEN JOHN W ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon GOLDEN CARRIE A the DEFENDANT at 0021:05 HOURS, on the 3rd day of December , 2002 at 9 BUFFALO DRIVE SHIPPENSBURG, PA 17257 by handing to JOHN GOLDEN (HUSBAND) a true and attested copy of NOTICE AND COMPLAINT IN together with REPLEVIN, PLAINTIFF'S MOTION FOR WRIT OF SEIZURE, BRIEF 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 .00 16.00 Sworn and Subscribed to before me this /F day of Gc? ;ZL°O A. D. 'Prothonotary So Answers: R. Thomas Klink 12/04/2002 HOURIGAN, KLUGER & QUINN By: Dep Y K e HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff : vs. CIVIL ACTION - LAW JOHN W. GOLDEN and REPLEVIN CARRIE A. GOLDEN, Defendants NO. 02- 5638 Civil Term NOTICE OF HEARING FOR SEIZURE OF PROPERTY TO: John W. Golden Carrie A. Golden 9 Buffalo Drive Shippensburg, PA 17257 You are hereby notified that 1. Plaintiff has commenced an action of replevin and has filed a motion for writ of seizure of the property described in the complaint. A copy of the complaint, the motion for writ of seizure, the brief in support of motion for writ of seizure and the; Court's Rule dated December 3, 2002 is attached to this notice. 531933.1 Borroryer(s) - Lender John W Golden Tarmac Corporation Carrie A Golden- 275 Mundy Street Wilkes-Barre, PA 18702 9 Buffalo Drive Shippen%burg PA 17257 "I" means each Borrower above, jointly and severally. "You" means the Lender, its successors and assigns. Date 07/18/2001 A phrase, clause, or paragraph on this form that is preceded by a E] that is not checked does not apply to this loan. Note -'For value received, I promise to pay to you, or your order, at your address above, the principal sum of: Forty- two thousand five hunc'Ired eighty-two 'and 50/100 Dollars S 42582. 50 plus interestfrom._07/18/2001 at the rate of 13. 5 % per year until 7/18/2031 ? Post Maturity Interel t -:Atter_inotufity.the unpaid balance of principal will earn interest at the rate of % per year. ? Additional Finance. Charge- I.alsglsgree to pay a nonrefundable fee of $ and it will be ? paid in cash. ? withheld fror the proceeds. (If this fee- is withheld from the proceeds, the amount is included in the principal sum.) Payments : The number, 6inount and due dates for scheduled payments are disclosed in the Truth in Lending disclosure below. Late Charge - If there is a late charge for this transaction, it will be disclosed in the Truth in Lending disclosure below. The Purpose Of This Loan Is - PURCHASE A MOBILE HOME ? Bad Check Charge - I agree to pay a charge of $ if I make a payment with a check that is dishonored. This Loan Made Under,- rL []This loan is secured by dated 07/18/2001 ®Security Agreement -J give you a security interest in the Property described below. The rights 1 am giving you in this Property and the obligation this agreement secures are defined on page 2 of this agreement. 2000 40' X 28' Fleetwood VAFLX19ABO3009 ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The cost of my credit The dollar amount the The amount of credit The amount I will have paid when as a yearly rate. credit will cost me. provided to me or on my behalf. I have made all scheduled payments. 13.50 % S 133007.50 $ 42582.50 $ 175590.00 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: 360 487.75 Beginning 8/18/01 and on the 18th of each successive inonth thereafter. Security - I am giving a security interest in: ? (description of other property) ® the Goods or Property being purchased. 9 Buffalo Drive Shippensburg PA 17257 ? Collateral securing other loans with you may also secure this ban. ® Late Charge - I agree to pay a late charge equal to 10 % of the unpaid portion of an installment not paid within 15 days after it is due, or $ whichever is Prepayment - If I pay off this note early, 1 will not have to pay a penalty. ® If I pay off this note early, I will not be entitled to a refund of part of the finance charge. ® Assumption - Someone buying the property securing this loan ? may ® cannot assume this loan on its original terms. I can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date, and prepayment refunds and penalties. If you do not meei your contract obligations, you may lose your Credit Insurance - Credit life, credit accident and sickness ldisability), unemployment and any other insurance coverage quoted below, are not requires to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If 1 want such insurance, you will obtain it for ml (if I quality for coverage): You are quoting below ONLY the coverages I have chosen to purchase. Credit Life -E] Single ? Joint Insured Premium $ _ Term Credit Disability -E] Single ? Joint Insured Premium $ _ Term Credit Unemployment -E] Single ? Joint Insured Premium $ _ Term Name of Insurance Comoanv My signature below means I want (only) the insurance coverage(s) quoted above. It none are quoted, 1 have declined all coverages you offered. X D.O.B.1/14/71 X D.O.B. X D.0.B.6/28/77 _ X_ D.O.B. © Property Insurance - Property insurance is required. I may obtain property Insurance from anyone I want that is acceptable to you. If I get the insurance from or through you, i will pay $ 1065.00 for THREE YEARS of coverage Itemization of Amount Financed Amount paid to me directly Amount paid on my account Amounts- paid to others on my behalf To insurance companies To public officials -. filing fees only To public officials - other than filing fees Amount pd on your behalf Buydown Additional Finance Fees (Minus) Prepaid Finance Charge Amount Financed Signatures -1 agree to the terms on page 1 and 2 of this agreement. S 0.00 1 have received a copy of this document on today's date- COSIGNERS - SEE SEPARATE NOTICE BEFORE SIGNING. s 7 S 1065.00 Signature t S n/? I S 41400.00 Signature ( AIZ77.LAQ1 S S 117.50 S Signature S S 0.00 S 42582.50 Signature 0 1997 Bankers systems, Inc., St. Claud, MN Form FC-SI-DN-PA 8/19/98 r, r 1, I^ / 1 /4 -? (page 1 of 2, ADDITIONAL TERMS OF THE NOTE DaMklons, - 'V "me' or "my means each Borrower who signs this note and each other person or legal entity (including guarantors, endorsees, and sureties) who agrees to pay this note (together referred to as "us"): "You" or ."your": means the Lender and its successors and assigns. If any part ofthis note cannot be enforced, such fact will not affect the rest of this note. Any changq io this note or any agreement securing this note must be in, writing and signed by you and me. Prepayment - I may prepay this loan in whole or in part at any time. If I prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. Usury - The interest rate and other charges on this loan will never exceed the highest rate or charge allowed by law for this loan. Post Maturity Interest Rate - If this section is checked, the post maturity rate will begin to apply on the -day after maturity, or, if the loan is in default and. we accelerate after default, on such date. Default - I will be in default on this loan and any agreement securing this loan if: 1. 1 fail to make a payment in full when due; or 2. Your prospect of payment, performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement, you may exercise your remedies against.eny or all of us. Remedies - If 1 am in default on this loan or any agreement securing this ban, you may exercise your rights provided by law and this agreement. I also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the loan, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this loan (or both) in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits or refunds that may be available. If 1 default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. Costs Of Collection And Attorney's Fees - I agree to pay you the costs you incur to collect this debt or realize on any security. This includes your reasonable attorney's fees and court costs. This provision also shall apply if I file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. Independent Obligation - I understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and.for any term, and I will still be obligated to pay this loan. You may, without notice, fail to perfect your security interest in, impair, or release any security and I will still be obligated to pay this loan. Waiver - I waive Ito the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Privacy - I agree that from time to time you may receive credit information about me from others, including credit reporting agencies and other lenders. I agree that you may furnish on a regular basis credit and experience information regarding my loan to others seeking such information. Financial Statements - I will give you any financial statements or information that you feel is necessary. All financial statements and information 1 give you will be correct and complete. Purchase Money Ldan - If this is a Purchase Money Loan, you may include the name of the seller on the check or draft for this loan. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the Federal Usury Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this form: 1. The late charge, if there is one, will not apply to the final scheduled installment. 2. PREPAYMENT - YOU MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of'Default - Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to.send you a notice if (1) you have abandoned the Manufactured Home, 12) you received two notices in the prior one-year. period, or (3) other extreme circumstances w lst. ' Notice of Proposed Insurance - If so indicated on the front of this note, credit life insurance coverage andfor credit accident and health insurance coverage will apply to this note: The insurance company named on the front of this note will write the insurance. The insurance covers only the person(s) signing the request for insurance. The charge for each type of credit. insurance to be purchased is as indicated on the front of this note. The term of insurance will begin as of the date of this note and will and on the original due date of this note. Subject to acceptance by the insurance company and within 30 days, a certificate of insurance will be given to the insured. If this note is prepaid before it is due, a refund of insurance charges will be made when due. ADDITIONAL TERMS OF THE SECURITY AGREEMENT Secured Obligations - This security agreement secures this loan (includin all extensions, renewals, refinancings and modifications) and any othe debt I have with you now or later. Property described in this securit agreement will not secure other such debts if and to the extent th. property: 1. constitutes my principal residence; or 2. is household goods. This security agreement will last until it is discharged in writing. For th. sole purpose of determining the extent of a purchase money securit interest arising under this security agreement: 1. Payments on any nonpurchase money loan also secured by thi! agreement will not be deemed to apply to the Purchase Money Loan and 2. Payments on the Purchase Money Loan will be deemed to apply firs to the nonpurchase money portion of the loan, if any, and then to tht purchase money obligations in the order in which the hems wen acquired. No security interest will be terminated by application of this formula "Purchase Money Loan" means any loan the proceeds of which, in whop or in part, are used to acquire any property securing the loan and al extensions, renewals, consolidations and refinancings of such loan. Property - The word "Property,' as used here, includes all property that is listed in the security agreement on page 1. If a general description is used, the word Property includes all my property fitting the genera description. Property also means all benefits that arise from the describes Property (including all proceeds, insurance benefits, payments frorr others, interest, dividends, stock splits and voting rights). It also mean: property that now or later is attached to, is a part of, or results from th( Property. Ownership And Duties Toward Property - Unless a co-owner(s) of the Property signed a third party agreement, I represent that I own all the Property. I will defend the Property against any other claim. I agree to do whatever you require to perfect your interest and keep your priority. 1 wil not do anything to harm your position. I will keep the Property in my possession (except if pledged and deliverec to you). I will keep it in good repair and use it only for its intendec purposes. I will keep it at my address unless we agree otherwise it writing. 1 will not try to sell or transfer the Property, or permit the Property tc become attached to any real estate, without your written consent. I wil; pay all taxes and charges on the Property as they become due. I will inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property. Insurance - I agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. I will name you as loss payee on any such policy. 2. You may require added security on, this ban if you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts I still owe you, I will pay the difference. 4. 1 will keep the insurance until all debts; secured by this agreement are paid. If I do not buy, maintain, and arrange to have you named as loss payee, as agreed above, I understand and agree: 1. You may, but are not required to, purchase insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company I might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium 1 might be required to pay for the insurance I have agreed to buy on this note. Default And Remedies - If I am in default, in addition to the remedies listed in the note portion of this document, you may (subject to any applicable notice and cure period)- 1. Pay taxes or other charges, or purchase any required insurance, if I fail to do these things (but you are not required to do so). You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this rate until paid in fell; 2. Require me to gather the Property and any related records and make it available to you in a reasonable fashion; 3. Use any other remedy allowed by law. I agree that when you must give notice to me of your intended sale or disposition of the Property, the notice is seasonable if it is sent to me at my last known address by first class mail 10 days before the intended sale or disposition. I agree to inform you in writing of any change in my address. Fling - A copy of this security agreement may be used as a financing statement when allowed by law. 0 1997 Bankers Systems, Inc., St. C", MN Form FC-SI-UN-PA an 9l9e !page 2 of 21 IF[CATE OF TITILE FOR A VEHIeC - --- ,....._....._,....._ »,.,....,. r I= I, An .4, t l l 9 r 3 _, tlSl Q_ I FLT f fi: +Il?Oll I S >fi Ala > q_...» VEH n?C')IS NUI.?gER YEAR MARE OF VEHICLE UM DATE ODORt fAi ,.. $ - . r . ?-yD r rvrWe ?',y ,?, ?. •/_.. EAT?JCAP PRIOR TITLE AT.:'...._ .. i „ ..,. . ;,, .,. . - _.. . ...._ n....... -. - •• .. .......... DATC I'A iIi LCD DATE OF ISSUE UNLADEN WEIGHT GVWR I. GCWR . V ? ?•' TITLE 8R(Wp5 r? . _ - ?1DDATETER SGT1l9 -? f!--ATA{E?LiLE7{I? fie` NN[EAGE EXt?'DS T?f??u?za` • ? N?3HEAOtuS? M?EAflE ..?£`-? _- ` T _ ? 'Y - N61?i£AOT?1TAL MEEAdE -^?^` - r . TAIAPEYAIF lbbME TER DISCLOSURE J ?9' ERAL LAW L ,.E>?PTFRVM000METERC o i 4 P .IS/WASA POUCE VErI k'? ? +tSBUR PA` i?C 57 IN ,...? + - v . veNLe cc iLlr nFI?5VF0 vI r J'ti A Th?I tSTttEN 1 V n) OF; OOND.;LIE? FAVOR OR A"MAC'CORD iSADA `- ' ? n a ea-c d Giinlwldef. is 4ste0 _ ? . " ? upon cz?rac?-? try r? rn, Ire fig;, _ ? HB 44d rc m ief hNM'ard. CJs Ill" wifi.Cr 15T LIEN RELL_ GEO s ;t M uprtalo Ixm nl+y fee: _ -- ' DATE SECOND LIEN RELEASED < y* " AUTHORIZED REPRLSLNTATIVE DATE "SAY ?? - ((?? (( ss }j ?} AURIORIZED REPRESENTATIVE u - d?d ?_'*fi•Al1KAC -rCORP I SAflA .- ; }' T ??+.:. • DYT=5fi < -,? SBARRE-. PA 18713E " 7 se ?, - .?.;-tea 1 § t M ywk'E ?I?tt1e dale QI ks? {" of cw remNv of YIe Pennsylvania DGMVW-J R teileol.lFi?f the b§rsori(6) or oanPeny named, herein Is to lawkf owner . _ Seaeta?S otTrantipoi-tation TN V J m -Pth 1""" * h` a co purchaser other than your spouse Is listed end yoEl title ?^ . &tJ!QRN;?q k•y TM o y . c???s?'SUMving tvn H? p ?n ?' ' ?4'? S rAll?e sstd as 'Tenants M Gom ! ?Y R d' # ,? c et?as?d owner goes to hrJher Or e?' ,? , T?NO L7ATH ; - - st D L t a ,???? - 1ST LlENF10LDER ? ?"? ??.TiY r'?7-{tC„+'+x`f!J 4. sJ1 ,? alp S q ?syT1 y A P TA A - CI 11 GI^?? 6TATE ZIP ?.Q 1 y t ) i "4 *Fl ,IAL?,STI'?iJ71ON NUMBER : t t 240 LIEN DATE: _ ? IF NO LIEN, CHECK ?- >a»a nemty ?,w.. ., ., c?m. a Ta. P. e. d.x?d +'*', a,.. atilwi., ao.anrnra .rci offer aaw ?« nua. ' '. 5 ? Iatn ID UENHCILD('R s '. ST..tiniuFiE oF7NlUC/.Ni cw I,lrtrrxuzLO:raa - -- ?c ,? CR'1? - STATE r G rRTLE of AUTH01IizED Baden FWANCIAL'INI STfiUTION NUMBER J1,1111( VERIFICATION I, Jeffrey A. Goodrich, Collection Supervisor of Tammac Corporation, have the authority to make this verification on its behalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief: I understand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. f A. oo ch, Collection Supervisor 527228.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, VS. Plaintiff ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants REPLEVIN NO. 02-5638 Civil Term PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to Pa.R.C.P. 1075. 1, its motion for writ of seizure, against the Defendants, John W. Golden and Carrie A. Golden (the "Goldens"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth ofPennsylvania, having an office located at the Arena Hub Business Complex, 2.75 Mundy Street, Wilkes-Barre, Luzerne County, PA 18702. 2. The Goldens are both adult individuals, having an address of 9 Buffalo Drive, Shippensburg, Cumberland County, PA 17257. 527227.1 3. On or about Julyl8, 2001, the Goldens were the owners of a 2000 Fleetwood manufactured home bearing VIN# VAFLX19AB03009HE13 (the "Collateral") 4. On or about July 18, 2001, Tammac made a loan to the Goldens in the amount of $42,582.50, as evidenced by a simple interest note, disclosure and security agreement (the "Note"). (A true and correct copy of the Note is attached as Exhibit "A" and incorporated herein by reference.) 5. In order to induce Tammac to make the aforesaid loan, the Goldens granted Tammac a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached as Exhibit "B" and incorporated herein by reference.) 6. The Note was not assigned. 7. The Goldens defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 8. The Goldens are due for their August 18, 2002 payment. 9. Upon information and belief, the fair market value of the Collateral is $26,803.39. 10. Tammac believes and therefore avers that the Goldens have possession of the Collateral. 11. The Goldens have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. 12. The balance of the Note as of November 1, 2002., was $44,076.16, consisting of 527227.1 principal in the amount of $42,336.66 and accrued interest in the amount of $1,904.34, minus a suspense payment in the amount of $164.84, exclusive of attorneys' fees and costs. WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ---?/' James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 Dated: ?-- r ? .2002 527227.1 Borrower(sl 0 - John W Golden Carrie A Golden 9 Buffalo Drive Shippensburg PA 17257 "I" means each Borrower above, jointly and severally. Tatmnac Corporation 275 Mundy Street Wilkes-Barre, PA 18702 "You" means the Lender, its successors and assigns. Date 07/18/2001 A phrase, clause, or paragraph on this form that is preceded by a ? that is not checked does not apply to this loan. Note -For value received, I promise to pay to you, or your order, at your address above, the principal sum of: Forty-two thousand five hundred eighty-two-and 50/100 Dollars $ 42582.50 plus interestfrorn .07/18/2001 at the rate of 13 . S % per year until 7118/2031 ? Post Maturity IntaresR. -After _rnattifity the unpaid balance of principal will earn interest at the rate of % per year. ? Additional Finance. Charge - I.alsplagree to pay a nonrefundable fee of $ and it will be ? paid in cash. ? withheld fror the proceeds. (If this fee, is withheld from the proceeds, the amount is included in the principal sum.1 Payments - The number, arAount and due dates for scheduled payments are disclosed in the Truth in Lending disclosure below. Late Charge - If there is a late charge for this transaction, it will be disclosed in the Truth in Lending disclosure below. The Purpose Of This Loan Is - PURCHASE A MOBILE HOME ? Bad Check Charge - Iagree to pay a charge of $ if I make a payment with a check that is dishonored. This Loan Made Under,-, _ r-- []This ban is secured by dated 07/18/2001 ®security. Agreement -!.give you a security interest in the Property described below. The rights I am giving you in this Property and the obligation this agreement secures are defined on page 2 of this agreement. 2000 40' X 28' Fleetwood VAFLX19AB03009 ANNUAL PERCENTAGE RATE FINANCE CHARGE- AMOUNT FINANCED TOTAL OF PAYMENTS The cost of my credit The dollar amount the The amount of credit The amount I will have paid when as a yearly rate. credit will cost me. provided to me or on my behalf. I have made all scheduled payments. 13.50 % $ 133007.50 S 42582.50 517:5590.00 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: 360 487.75 Beginning 8/18/01 and on the 18th of each successi ve month thereafter. Security --1 am giving a security interest in: ? (description of other property) ® the Goods or Property being purchased. 9 Buffalo Drive Shippensburg PA 17257 ? Collateral securing other loans with you may also secure this loan. ® Late Charge - I agree to pay a late charge equal to 10 % of the unpaid portion of an installment not paid within 15 days after it is due, or $ whichever is Prepayment - If 1 pay off this note early, 1 will not have to pay a penalty. ® If I pay off this note early, I will not be entitled to a refund of part of the finance charge. ® Assumption - Someone buying the property securing this loan ? may ® cannot assume this loan on its original terms. I can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date, and prepayment refunds and penalties. If you do not meet your contract obligations, you may lose your Credit Insurance - Credit life, credit accident and sickness (disability), unemployment and any other insurance coverage quoted below, are not require, to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If 1 want such insurance, you will obtain it for m, (if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Ufa - ? Single ? Joint Insured Premium $ - Term Credit Disability - ? Single [] Joint Insured Premium $ - Term Credit Unemployment - ? Single ? Joint Insured Premium $ - Term Name of Insurance Company My signature below means l want (only) the insurance coverage(s) quoted above. If none are quoted, I have declined all coverages you offered. X D.O.B. 1/14/71 X D.O.B. X D.O.B. 6/28/77 X_ D.O.B. Q Property Insurance - Property insurance is required. I may obtain property insurance from anyone I want that is acceptable to you. If 1 get the insurance from or through you, 1 will pay $ 106S.00 for THREE YEARS of coverage Itemization of Amount Financed Amount paid to me directly Amount paid on my account Amounts paid to others on my behalf To insurance companies To public officials -. filing fees only To public officials - other then filing fees Amount pd on your behalf Buydown Additional Finance Fees (Minusl Prepaid Finance Charge Amount Financed S 0.00 S 5 1065.00 S S $ 41400.00 S $ 117.50 S S Signatures - 1 agree to the terms on page 1 and 2 of this agreement. 1 have received a copy of this document on today's date. COSIGNERS - SEE SEPARATE NOTICE BEFORE SIGNING. Signature Signature i ZZ,? OJ $ EXHIBIT a O 1997 Bankers Syve-, Inc., Su Cloud, MN Form FC-SI-DN-PA 8119198 Q fooge 1 of 2. ADDITIONAL TERMS OF THE NOTE Definitions, - "V 'me' or 'my" meads each Borrower who signs this mote and each other person or legal entity (including guarantor, endors0s, and,sureties) who agrees to pay this note (together referred to as 'us"): 'You' or .'your': means the Lender and its successors and assigns. If any part of this note cannot be enforced, such fact will not affect the rest of this note. Any change fo this note or any agreement securing this note must be in writing and signed by you and me. Prepayment - I may prepay this loan in whole or in part at any time. If I prepay in part, 1 must still make each later payment in the original amount as it becomes due until this note is paid in full. Usury - The interest rate and other charges on this loan will never exceed the highest rate or charge allowed by law for this loan. Post Maturity Interest Rate - If this section is checked, the post maturity rate will begin to apply on the day after maturity, or, if the loan is in default and we accelerate after default, on such date. Defauft - I will be in default on this loan and any agreement securing this loan if: 1. 1 fail to make a payment in full when due; or 2. Your prospect of payment, performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement, you may exercise your remedies against any or all of us. Remedies - If 1 am in default on this loan or any agreement securing this ban, you may exercise your rights provided by law and this agreement. I also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the ban, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this ban (or both) in return for not using any other remedy. 4. You may make a claim for any and all insurance bepefrts- or refunds that may be available. If I default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. Costs Of Collection And Attorney's Fees - 1 agree to pay you the costs you incur to collect this debt or realize on any security. This includes your reasonable attorney's fees and court costs. This provision also shall apply if I file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. Independent Obligation - 1 understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and,for any term, and 1 will still be obligated to pay this loan. You may, without notice, fail to perfect your security interest in, impair, or release any security and I will still be obligated to pay this loan. Waiver - 1 waive Ito the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Privacy - I agree that from time to time you may receive credit information about me from others, including credit reporting agencies and other lenders. 1 agree that you may furnish on a regular basis credit and experience information regarding my loan to others seeking such information. Financial Statements - I will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purchase Money Ldan - If this Js a Purchase Money Loan, you may include the name of the seller on the check or draft for this ban. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the Federal Usury-Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this form: 1.The late charge, if there is one, wi8 not apply to the final scheduled installment. 2. PREPAYMENT - YOU MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except .as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to-send you a notice if (1) you have abandoned the Manufactured Home, (2) you received two notices in the prior one-year period, or (3) other extreme circumstances exist. ' Notice of Proposed Insurance - If so indicated on the front of this note, credit life insurance coverage and/or credit accident and health insurance coverage will apply to this note: The insurance company named on the front of this note will write the insurance. The insurance covers only the person(s) signing the request for insurance. The charge for each type of credit insurance to be purchased is as indicated on the front of this note. The term of insurance will begin as of the date of this note and will and on the original due date of this note. Subject to acceptance by the insurance company and within 30 days, a certificate of insurance will be given to the insured. If this note is prepaid before it is due, a refund of insurance charges will be made when due. ADDITIONAL TERMS OF THE SECURITY AGREEMENT Secured Obligations - This security agreement secures this ban (ncludin, all extensions, renewals, refinancings arid modifications) and any othe debt 1 have with you now or later. Property described in this securit agreement will not secure other such debts if and to the extent th. property: 1. constitutes my principal residence; or 2. is household goods. This security agreement will last until it is discharged in writing. For th sole purpose of determining the extent of a purchase money securit interest arising under this security agreement: 1. Payments on any nonpurchase money loan also secured by thi: agreement will not be deemed to apply to the Purchase Money Loan and 2. Payments on the Purchase Money Loan will be deemed to apply firs to the nonpurchase money portion of the loan, if any, and then to the purchase money obligations in the order in which the items wen acquired. No security interest will be terminated by application of this formula "Purchase Money Loan" means any loan the proceeds of which, in whole or in part, are used to acquire any property securing the loan and at extensions, renewals, consolidations and refinancings of such loan. Property - The word "Property," as used here, includes all property that i! listed in the security agreement on page 1. If a general description k used, the word Property includes all my property fitting the genera description. Property also means all benefits that arise from the describe( Property (including all proceeds, insurance benefits, payments from others, interest, dividends, stock splits and voting rights). It also mean<_ property that now or later is attached to, is a part of, or results from th( Property. Ownership And Duties Toward Property - Unless a co-owner(s) of th( Property signed a third party agreement, 1 represent that I own all th( Property. I will defend the Property against any other claim. 1 agree to do whatever you require to perfect your interest and keep your priority. I wit not do anything to harm your position. 1 will keep the Property in my possession lexcept if pledged and deliverec to you). I will keep it in good repair and use it only for its intender: purposes. I will keep it at my address unless we agree otherwise it writing. I will not try to sell or transfer the Property, or permit the Property tc become attached to any real estate, withDUt your written consent. 1 wil; pay all taxes and charges on the Property as they become due. I wit: inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property. Insurance - I agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. I will name you as loss payee on any such policy. 2. You may require added security on this loan if you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts I still owe you, I will pay the difference. 4. 1 will keep the insurance until all debts secured by this agreement are paid. If I do not buy, maintain, and arrange to have you named as loss payee, as agreed above, I understand and agree: 1. You may, but are not required to, purchase insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company 1 might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium I might be required to pay for the insurance I have agreed to buy on this note. Default And Remedies - If I am in default, in addition to the remedies listed in the note portion of this document, you may (subject to any applicable notice and cure period): 1. Pay taxes or other charges, or purchase any required insurance, if 1 fail to do these things (but you are not required to do so). You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this note until paid in full; 2. Require me to gather the Property and any related records and make it available to you in a reasonable fashion,; 3. Use any other remedy allowed by law. I agree that when you must give notice to me of your intended sale or disposition of the Property, the notice is reasonable if it is sent to me at my last known address by first class mail 10 days before the intended sale or disposition. I agree to inform you in writing of any change in my address. Fling - A copy of this security agreement may be used as a financing statement when allowed by law. 0 1997 Book.- Systems, Inc., St. Clad, MN Form FC-SI-DN-PA 8119196 /page 2 or 2) ,TIF[CATE-OF 7I£TIL,E FOR A VEH!C- .... ....... .,_,_.....,..._.... ;'- 'vAFLK1'4J?f€-91IIUQ }}r FL EfT?OU I`I 57W 2Kt,,60[#iQ..... .•""„• NUAIIHF1i YEAR 1 i 1?A1(E O VEHICLE1 E NUMR ? ?*' (SEAT CAP PRIOR TITLESTATE I ODOj,I. PEibCD ? TE ODOM MILE5 fi e ,,.. ,.:.. _...._... . 1, _ D TE PA TRIED DATE OFISSUE UNLADEN WEIGHT GVWR GCWR: TITLEScos ?? € - Y - DO6MElER &fAVJS _ 1 MgEAGE EXSEEOS 7F1E riECtIFJIIl.n1 F i r .! =A=MIl L.1 if TM1PE7iifXi VEF4FIEII r - s DBMETER `i)ISCLOSURE ' ERAL LAH, .RBUFF _ t H RALaM6- S ? PP S$UR z P i=:17257. P _w A"P?«>rEVE, 7 1?• f2. Y ?' r -, T ICt?k'NFG1 ,SliCfi virl?" ya 4: w , stCftl(XE e.! UEN F ? OI__P ?*. ,: I'ECOND;LIE? FAVOR OF: ' x `l ATARI 21 i t9t1AG SCORP ISA0A raw k C. h ecx . Alder IS listed upup iLd,i of Ii,c fi,:y k if. f.fA ? y a4 rwldermuot laward ihrs rule _m. rrw & oau cr ?;r V,x? r.re,tl U?PT RELA € t ?" krtn eM ic.,: __ Unll BY SECOND LIEN RELEASED r .r K - r A'JI-F". REPRESENTATIVE t DATE BY A?? F EpRESE3JTATIVE 068001 AMiMA i)RP ISAOA r t,l Cra dale ,Ip(.y)s?s?ue, the orfiGal Iecads b the PennsyWarYa Depad l t _ _ 1CA [.. L ~ "R Da+son(el a ogmpany rwrAd herein is the w m uaarer - ' . - - - Scaetery of TIMMiIortatioh : TO BE C061PLETED BY PURCHASER WHEN VEHICLE IS SOLD AND THE APPLICATION FOR TITLE AND LIEN INFORMATION- COMPLETED. K a oapurchaser other than your spouse is Wed rrx1 you'vant ?fi91it1 s?yoRN & Fra-_ ,? , bd , ?s 1of[H Ten>a ,With t ?of'g hip 3( tL " r oAV = ve,et_ otitle•yoastiiSurviving'. w H C?17. ? . ? - ___ YYB ?sst?d 85 `terlBRtS kl' ± ? ? det ased oymer goes to ICr or ;?te). OATH N ?+ r y iEti DATE: 5 1 T LlF1JHOLDER ? ?Y k? Y i : u:' K rS N ! ra'' FI ON NUMBER h <, 2NW OATE• IF f1c, I Ii N CHECK . v+vyw"?rp .prlamon +« L.rMfw. a nu. n n. .er+e. w,aceo d `.6 '.ariwa a ?nouiars?awi r,a y??er iep.r d.?+is w ro-n n.r. ; •?. . 'r?iH?DER ,? '. ' ? - -Y` r I>3Y z _ r Q EXHIBIT STATE' np ? .i a d? J FINANCIAL'INSTITtlRON NUMBER .? ` S Lin J Q VERIFICATION I, Jeffrey A. Goodrich, Collection Supervisor of Tamma.c Corporation, have the authority to make this verification on its behalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief I understand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. J oo ch, Collection Supervisor 527228.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, Plaintiff VS. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 02- BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation ("Tammac") by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits its brief in support of p'laintiff's motion for writ of seizure against the defendants as follows: 1. HISTORY OF THE CASE Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at The Arena Business Hub, 275 Mundy Street, Wilkes-Barre, Luzerne County, PA 527231.1 On or about July 15, 2001, the Goldens were the owners of a 2000 Fleetwood manufactured home bearing VINVAFLX19ABO3009BE13 (the "Collateral"). OnoraboutJuly 15, 2001, Tammac made a loan to the Goldens in the amount of $42,582.50, as evidenced by a simple interest note, disclosure and security agreement (the "Note"). (A true and correct copy of the-Note is attached to the motion as Exhibit "A" and incorporated herein by reference.'i In order to induce Tammac to make the aforesaid loan, the Goldens granted Tammac a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached to the motion as Exhibit "B" and incorporated herein by reference.) The Note was not assigned. The Goldens defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. The Goldens are due for their August 18, 2002 payment. Upon information and belief, the fair market value of the Collateral is $26,803.39. Tammac believes and therefore avers that the defendants have possession of the Collateral. The Goldens have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. The balance of the Note as of November 1, 2002, was $44,076.16, consisting of principal in the amount of $42,336.66 and accrued interest in the amount of $1,904.34, minus a suspense payment in the amount of $164.84, exclusive of attorneys' fees and costs. H. STATEMENT OF THE QUESTION INVOLVED WHETHER THE PLAINTIFF IS ENTITLED TO POSSESSION OF THE COLLATERAL WHEN THE DEFENDANT HAS DEFAULTED UNDER THE TERMS OF THE NOTE? M. ARGUMENT 527231.1 2 II. STATEMENT OF THE QUESTION INVOLVED WHETHERTHE PLAINTIFF IS ENTITLED TO POSSESSION OF THE COLLATERAL WHEN THE DEFENDANT HAS DEFAULTED UNDER THE TERMS OF THE NOTE? III. ARGUMENT Pa.R.Civ.P. No. 1075.1 sets forth the procedure for the issuance of a prejudgment writ of seizure after notice and hearing which is designed to be in accordance with the due process requirements enumerated in Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556, reh. den., 409 U.S. 902, 93 S.Ct. 177, 34 L.Ed.2d 165 (1972). The procedure set forth in Pa.R.Civ.P. No. 1075.1 is one of two means for obtaining the remedy of a prejudgment seizure of property in a replevin action. In appropriate cases, the plaintiff may cause a writ of seizure to be issued ex parte with notice and a hearing postponed until after the property is seized. See Pa.R.Civ.P. No. 1075.2. To invoke the remedy of a prejudgment seizure of property in a replevin action after notice and a hearing, the plaintiff must file a motion for writ of seizure. See Pa.R.Civ.P. No. 1075.1(a). The plaintiff may move for the issuance of a writ of seizure after the complaint has been filed, whether or not the complaint has been served. Pa.R.Civ-.P. No. 1075.1(a). Upon the filing of the motion for issuance of a writ of seizure, the court must fix the date and time for a hearing on the motion. See Pa.R.Civ.P. No. 1075.1(a). A hearing on a motion for a writ of seizure of the property in a replevin action must be held whether or not the defendant or other person found in possession of the property appears. See Pa.R.Ciiv.P. No. 1075.1(e); see also Equico Lessors Inc. v. Ewing, 281 Pa. Super. 147, 152, 421 A.2d 1190, 1193 (1980) (holding that prima 527231.1 3 facie right established by testimony of plaintiffs employees that property was deteriorating and in jeopardy). Pursuant to Pa.R.Civ.P. No. 1075.1(e), the court must initially make a determination at the hearing whether the notice required by Pa.R.Civ.P. 1075, or a reasonable attempt to give notice has been made. See 4 Goodrich Amram 2d §1075.1(e):I (1991). Ifthe court is satisfied that the notice requirements of Pa.R.Civ.P. No. 1075 have been met, the court must determine from the complaint, affidavits, testimony, admissions, or other evidence which may be received whether the plaintiff has - established the probable validity of his claim and, if so, the court may order a writ of seizure to be issued upon the filing of a bond as provided by the Pennsylvania Rules of Civil Procedure. See 4 Goodrich Amram 2d § 1075.1(e):1. The rule does not mandate any particular form of hearing; on the motion for a writ of seizure. It seems that all that is required is an opportunity for the plaintiff to show that the action is free of fraud, accident, or mistake, and that there is a probability that he or she may sustain his right to possession of the property. See 4 Goodrich Amram 2d § 1075.1(e):1 (1991). The hearing is not for the purpose of making a final determination on the merits of the plaintiffs claimed right to possession of the property, but merely for determining whether the plaintiff has a probable right to possession. See Hamilton Bank v. Seiaer, 22 D&C 3d 534, 537 (1982). Except where the sheriff is authorized by the plaintiff to leave the subject property in a replevin action with the defendant or any other person found in possession, the Pennsylvania Rules 527231.1 4 of Civil Procedure require the sheriff, upon service of the writ of seizure, to take possession of the subject property. See Pa.R.Civ.P. No. 1075.4(a); see also Mayer v. Chelten Ave. Bldg. Corp., 321 Pa. 193,196, 183 A. 773,774 (1936); General Motors Acceptance Corp. v. Burns, 25 D&C 2d 293, 296-300(1961). Additionally, the form of the writ of seizure prescribed by the Pennsylvania Rules of Civil Procedure specifically directs the sheriff to seize the subject property. See Pa.R.Civ.P. No. 1354. Furthermore, it has been held that even a defendant who is properly in possession of the subject property by virtue of a valid lien is obligated to surrender possession to the sheriff. See Mitchell v. McKinnis, 284 Pa. Super. 469, 473, 426 A.2d 142,144 (1981) (noting that the defendant had no right to give a counter-bond and keep possession since his lien was fully protected by the plaintiff s bond). The sheriff must take physical possession of the property. The sheriff has the right to enter the defendant's house for the purpose of searching for the goods, provided that in so doing he does not exceed the limits prescribed by the law. See Kneas v. Fitler, 2 Serg & R 263, 264 (Pa. 1816); Mauer, 321 Pa. at 196, 183 A. at 774. The sheriff has the right to enter a door already opened and may even be authorized to break open doors and enter by force in order to execute the writ of seizure. See Commonwealth v. Temple, 38 D&C 2d 120,127 (1965). However, the sheriff may use no more force than necessary and must exercise due care. See Mayer, 321 Pa. at 196, 183 A. at 774. The burden is upon the plaintiff in a replevin action to establish every material element of his case upon which an issue is raised under his pleadings. Blossom Prods. Corp. v. National Underwear Co., 325 Pa. 383, 387, 191 A.40, 42 (1937). The plaintiff must establish his right to 527231.1 5 possession of the subject property by a preponderance of the evidence. See Petition of Allstate Ins. Co., 289 Pa. Super. 329, 333,433 A.2d 91, 93 (1981). A claimant who asserts a lien and a right to possession until the lien is discharged is not required to prove a title in addition to the right of possession. See Griffin v. Keefer, 30 Dauph. Co. Rep. 315, 317 (1927). Once the plaintiff establishes his right to possession, the burden of proof shifts to the defendant to prove his right to retain possession. See Petition of Allstate, 289 Pa. Super. at 333, 433 A.2d at 93; Carroll v. Godding, 155 Pa. Super. 490,492, 38 .A.2d 720, 721 (1944); Johnson v. Staples, 135 Pa. Super. 274, 280, 5 A.2d 433, 436 (1939). IV. CONCLUSION In light of the foregoing, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: /W "e, ) ?'- 19 2002 HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 527231.1 6 / I- DEC 0 2 2002 TAMMAC CORPORATION, Plaintiff vs. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants IN THE; COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 02- S? 3? CI v i L RULE d And now, this day ofD , 2002, upon consideration of the motion for writ of seizure filed on behalf of the plaintiff, Tammac Corporation, a Rule is hereby entered upon the defendants, John W. Golden and Carrie A. Golden, to appear and show cause, if any there be, why the relief requested in the plaintiff's motion for writ of seizure should not be granted. 3 F , 20(g, at ?L+hday o; Rule Returnable for answer and hearing then 9?rLka-'Rv a?.m. inCOUR? rnom k)6 I C ember I nc? C? PA, Cou??? C?,R1?sl ?, BY THE COURT, S J. 527242.1 Ao, tD K TAMMAC CORPORATION, Plaintiff V. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 02-5638 CIVIL TERM NOTICE TO PLEAD TO: Tammac Corporation You are hereby notified to file a written response to the attached Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Date: 1-&L--1-? G? clip C. B ' anti Counsel fbr Defendants MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 TAMMAC CORPORATION, Plaintiff V. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-5638 CIVIL TERM ANSWER COME NOW the defendants, John W. Golden and Carrie A. Golden, by counsel, MidPenn Legal Services, and as their answer to Plaintiff's Complaint, state as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Plaintiff's averments in Paragraph 7 constitute a conclusion of law and/or fact to which no response is required. 8. Denied. Any arrearages claimed by Plaintiff are offset or exceeded by Defendants' claims against Plaintiff. Defendants incorporate by reference their averments set forth below in their Counterclaim. 9. Denied. Defendants deny that the fair market value of the collateral is $26,803.39. 10. Admitted 11. Admitted in part and denied in part. Defendants admit that they have failed and refused to deliver possession of the collateral to Plaintiff. Defendants deny that they have failed and refused to pay the balance due under the Note. 12. Denied. Defendants are without knowledge or information sufficient to form a belief as to the balance owed on the Note as of November 1, 2002. ]Moreover, any balance owed is offset by Defendants' Counterclaim as set forth below. WHEREFORE, Defendants request that judgment be entered in their favor and against Plaintiff. COUNTERCLAIM 13. Defendants repeat and incorporate by reference their averments se forth above in Paragraphs 1 through 12. 14. At all times relevant hereto, Plaintiff was engaged in trade or commerce as defined in the Unfair Trade Practices and Consumer Protection Law, 73 P.S. Section 201-2(3). 15. Plaintiff's agents, without Defendants' written consent subsequent to the commencement of collection activities, telephoned the mother of Defendant Carrie A. Golden and communicated to her that Defendants were indebted to Plaintiff. 16. Plaintiff's agents made said calls to said defendant's mother repeatedly, and on several occasions called her as many as four times in a single day. 17. On or about December 7, 2002, one of Plaintiff's agents left a telephone message for said defendant's mother indicating that the agent was employed by Plaintiff, and that the agent had been notified that Defendants were being evicted from the; mobile home park where they reside, when in fact Defendants were not being evicted. 18. In this message, Plaintiff's agent informed said defendant's mother that if Defendants did not contact her, Defendants would receive a "vacate notice" requiring that they be out of . their home within 48 hours. 19. In this message, Plaintiff's agent requested said defendant's mother to inform the defendants that this is a very serious matter and it "better not" be taken lightly, and stated that, "We need the keys back to our property." 20. Plaintiff's agents have repeatedly telephoned Defendant John W. Golden at his place of employment, on some occasions up to three times in a single: day, for the purpose of collecting the alleged debt, even after said defendant and his employer have requested Plaintiff's agents to stop making these calls and informed Plaintiff's agents that these calls are prohibited by the employer. 21. Plaintiff's telephone calls to said defendant's place of employment have jeopardized his job, and his employer has threatened to suspend him because of these calls. 22. Defendants believe and therefore aver that Plaintiff s telephone calls to said defendant's place of employment created tension with his supervisor which resulted in said defendant being suspended for two days without pay. 23. Plaintiff, through the above-described collection actions, has violated Section 3 of the Pennsylvania Unfair Trade Practices and Consumer Protection Law and the regulations promulgated pursuant thereto pertaining to the collection of debts (37 Pa. Code Section 303.1 et se . , which violations include but are not limited to the following: a. Plaintiff violated 37 Pa. Code Section 303.3 (11) by threatening that Defendants would receive a vacate notice requiring that they leave their mobile home within 48 hours, when said action would not have been lawful and Plaintiff did not intend to take said action. b. Plaintiff violated 37 Pa. Code Section 303.3 (14) and (18) by threatening to take actions which could not legally be taken or which Plaintiff'did not intend to take. c. Plaintiff violated 37 Pa. Code Section 303.3 (18) by misrepresenting to a third party that Defendants were being evicted from their mobile home park in an attempt to collect a debt or to obtain information about Defendants. d. Plaintiff violated 37 Pa. Code Section 303.3 (22) by threatening to take an unlawful action, the purpose of which was to harm Defendants' physical persons, reputation or property in order to coerce payment of a debt. e. Plaintiff violated 37 Pa. Code Section 303.3 (25)(i) by communicating or implying the fact of a debt to persons other than Defendants, without the written consent of Defendants given directly to Plaintiff subsequent to the commencement of collection activities or any other justification specified by this section. f. Plaintiff violated 37 Pa. Code Section 303.3 (26), by abusing or harassing Defendants, directly or indirectly, through third-party contacts. g. Plaintiff violated 37 Pa. Code Section 304.4 (1) by disclosing Plaintiff's name to a third party, without the third party requesting Plaintiff's name. h. Plaintiff violated 37 Pa. Code Section 304.4 (2) by abusing or harassing the defendants through telephone calls placed several times during a seven-day period, and through repeated calls to Defendant John W. Golden at his place of employment after Mr. Golden and his employer demanded that the calls cease. Plaintiff violated 37 Pa. Code Section 303.3 (2;7) by otherwise abusing or harassing Defendants in connection with the collection of a debt. 24. Defendants have suffered ascertainable losses of money or property as the result of Plaintiff's above-described debt collection activities. WHEREFORE, Defendants respectfully pray that judgment be entered against Plaintiff for the following: a. Defendants' actual damages; or, in the alternative, $100.00 for each violation of the Unfair Trade Practices and Consumer Protection Law if said sum is greater than Defendants' actual damages, pursuant to 73 P.S. Section 201-9.2. b. Statutory damages of three (3) times Defendants' actual damages, but not less than $100.00, pursuant to 73 P.S. Section 201-9.2. c. Such other and further relief as maybe just and proper. Respectfully submitted, r Date: 44??/ P clip C. &'iganti Counsel for Defendants MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION We, John W. Golden and Carrie A. Golden, hereby verify that that we have read the foregoing Answer and Counterclaim, and that the statements of fact therein are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. Date: Q 0 tz A W. Golden Date: 71' c Carrie A. Golden CERTIFICATE OF SERVICE 1, Philip C. Briganti, hereby certify that I am this 10th day of January, 2003, serving a copy of the foregoing Notice to Plead, Answer and Counterclaim upon the following by first- class U.S. mail, postage prepaid: James T. Shoemaker, Esquire HOURIGAN, KLUGER & QUINN, P.C. 600 Third Avenue Kingston, PA 18704-5815 Philip C. riganti Counsel for Defendants MIDPENN LEGAL SERVICES. 8 Irvine Row Carlisle, PA 17,313 (717) 243-9400 r - 00 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05638 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS GOLDEN JOHN W ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon GOLDEN CARRIE A the DEFENDANT , at 0948:00 HOURS, on the 6th day of January , 2003 at 9 BUFFALO DRIVE SHIPPENSBURG, PA 17257 by handing to CARRIE GOLDEN a true and attested copy of COMPLAINT - REPLEVIN together with NOTICE OF HEARING FOR SEIZURE OF PROPERTY AND NOTICE 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 .00 16.00 Sworn and Subscribed to before me this j,3`_`' day of 1 1PIrothonotary So Answers: R. Thomas Kline 01/07/2003 HOURIGAN KLUGER INN By: eputy She iff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05638 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS GOLDEN JOHN W ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN GOLDEN JOHN W the DEFENDANT , at 0948:00 HOURS, on the 6th day of January 2003 at 9 BUFFALO DRIVE SHIPPENSBURG, PA 17257 by handing to CARRIE GOLDEN, WIFE OF DEFENDANT a true and attested copy of COMPLAINT - REPLEVIN NOTICE OF HEARING FOR SEIZURE OF PROPERTY AND NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this 't day of M=t?3 A.D. rothonotary' So Answers: R. Thomas Kline 01/07/2003 HOURIGAN KLUGER INN By: Deputy Sheriff was served upon HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 TAMMAC CORPORATION, vs. JOHN W. GOLDEN and CARRIE A. GOLDEN, ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff REPLEVIN NO. 02- 5638 Civil Term Defendants NOTICE YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, Hourigan, Kluger & Quinn, P.C. BY: James T. Shoemaker, Esquire I.D. No. 6387 Counsel for the plaintiff, Tammac Corporation 542029.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 TAMMAC CORPORATION, vs. Plaintiff JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 02- 5638 Civil Term PLAINTIFF'S ANSWER AND NEW MATTER TO DEFENDANTS' COUNTERCLAIM The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn, P.C. hereby responds to the counterclaim filed on behalf of the defendants, John W. Golden and Carrie A. Golden (the "Goldens"), as follows: ANSWER 13. Tammac incorporates it complaint by reference pursuant to Pa. R.C.P. No. 1019(g). 14. Denied. The averments set forth in paragraph 14 of the Goldens' counterclaim are denied pursuant to Pa. R.C.P. No. 1029(d). By way of further answer, it is specifically denied that Tammac is a "debt collector," as that term is defined in the Fair Credit Extension Uniformity Act, 73 P.S. §§2270.1-2270.6. 542025.1 15. Admitted in part and denied in part. By way of further answer, the Goldens advised Tammac that their nearest relatives were Mr. Golden's mother, Alice Golden, and Carrie Golden's mother, Brenda Guerrero. The Goldens also provided Tammac with the telephone numbers for Alice Golden and Brenda Guerrero. The Goldens advised Tammac that the best place to reach them was at Alice Golden's house or Brenda Guerrero's house. 16. Admitted in part and denied in part. As instructed by the Goldens, Tammac made several calls to Alice Golden. It is specifically denied that Tammac ever spoke with Alice Golden more than one time in a single day. 17. Admitted in part and denied in part. It is admitted that on or about December 7, 2002, Tammac's agent left a message for Brenda Guerrero to the effect that she had received a facsimile from the park owner, Thelma Diller, that the Goldens were delinquent in their lot rent and that the mobile home part intended to commence eviction proceedings before a District Justice. 18. Denied. The averments set forth in paragraph 18 of the Goldens' counterclaim are denied. Strict proof thereof is demanded at the time of trial. By way of further answer, Tammac has no policies or procedures wherein Tammac would advise a borrower, either orally or in writing, that the borrower would need to vacate the manufactured home within 48 hours under any circumstances. 19. Denied. It is specifically denied that Tammac requested Brenda Guerrero to inform the Goldens that "we need the keys back to our property" or words to that effect. Strict proof thereof is demanded at the time of trial. 542025.1 2 20. Admitted in part and denied in part. It is admitted that Tammac telephoned John W. Golden at his place of employment. It is specifically denied that Tammac ever spoke with John W. Golden more than one time in a single day. 21. Denied. After reasonable investigation, Tammac is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 21 of the Goldens' counterclaim. 22. Denied. After reasonable investigation, Tammac is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 22 of the Goldens' counterclaim. 23. The averments set forth in paragraph 23 of the Goldens' counterclaim are denied pursuant to Pa. R.C.P. No. 1029(d). To the extent a response is necessary, Tammac responds as follows: a) It is specifically denied that Tammac ever threatened the Goldens that they would receive a vacate notice requiring that they leave their manufactured home within 48 hours. By way of further answer, Chapter 303 was expressly rescinded by Section 6 of the Act of March 28, 2000 (P.L. 23, No. 7) (Act 2000-7), known as the Fair Credit Extension Uniformity Act (73 P. S. §§2270.1 - 2270.6.) See 31 Pa. B. 2685. By way of still further answer, Tammac is not a "debt collector," as that term is defined in the Fair Credit Extension Uniformity Act. b) It is specifically denied that Tammac ever threatened to take actions which could not legally be taken or which Tammac did not intend to take. By way of further answer, Chapter 303 was expressly rescinded by Section 6 of the Act of March 28, 2000 (P.L. 23, No. 7) (Act 2000-7), known as the Fair Credit Extension Uniformity Act (73 P.S. §§2270.1 - 2270.6.) See 31 Pa. B. 2685. By way of still further answer, Tammac is not a "debt collector," as that term is defined in the Fair Credit Extension Uniformity Act. 542025.1 3 C) Tammac never knowingly misrepresented to a third party that the Goldens were being evicted from their mobile home park in an attempt to collect a debt or to obtain information about the Goldens. By way of further answer, Chapter 303 was expressly rescinded by Section 6 of the Act of March 28, 2000 (P.L. 23, No. 7) (Act 2000-7), known as the Fair Credit Extension Uniformity Act (73 P.S. §§2270.1 - 2270.6.) See 31 Pa. B. 2685. By way of still further answer, Tammac is not a "debt collector," as that term is defined in the Fair Credit Extension Uniformity Act. d) It is. specifically denied that Tammac ever threatened to take an unlawful action for the purposes of intending to harm the Goldens' physical person, reputation or property in order to coerce payment of a debt and it is specifically denied that Tammac threatened to take an unlawful action for any other purpose. By way of further answer, Chapter 303 was expressly rescinded by Section 6 of the Act of March 28, 2000 (P.L. 23, No. 7) (Act 2000-7), known as the Fair Credit Extension Uniformity Act (73 P.S. §§2270.1 - 2270.6.) See 31 Pa. B. 2685. By way of still further answer, Tammac is not. a "debt collector," as that term is defined in the Fair Credit Extension Uniformity Act. e) Admitted in part and denied in part. It is admitted that Tammac communicated or implied the fact of a debt to persons other than the borrower. However, the Golden specifically provided Tammac with the names and telephone numbers of their nearest relatives and even went so far as to direct Tammac to attempt to reach them at their nearest relatives' respective residences. By way of further answer, Chapter 303 was expressly rescinded by Section 6 of the Act of March 28, 2000 (P.L. 23, No. 7) (Act 2000-7), known as the Fair Credit Extension Uniformity Act (73 P.S. §§2270.1 - 2270.6.) See 31 Pa. B. 2685. By way of still further answer, Tammac is not a "debt collector," as that term is defined in the Fair Credit Extension Uniformity Act. f) It is specifically denied that Tammac violated any law by abusing or harassing the Goldens, directly or indirectly. Byway of further answer, Chapter 303 was expressly rescinded by Section 6 of the Act of March 28, 2000 (P.L. 23, No. 7) (Act 2000-7), known as the Fair Credit Extension Uniformity Act (73 P.S. § §2270.1 - 2270.6.) See 31 Pa. B. 2685. By way of still further answer, Tammac is not a "debt collector," as that term is defined in the Fair Credit Extension Uniformity Act. 542025.1 4 g) Admitted in part and denied in part. It is admitted that Tammac communicated or implied the fact of a debt to persons other than the borrower. However, the Goldens specifically provided Tammac with the names and telephone numbers oftheirnearest relatives and even went so far as to direct Tammac to attempt to reach them at their nearest relatives' respective residences. By way of further answer, Chapter 303 was expressly rescinded by Section 6 of the Act of March 28, 2000 (P.L. 23, No. 7) (Act 2000-7), known as the Fair Credit Extension Uniformity Act (73 P.S. §§2270.1 - 2270.6.) See 31 Pa. B. 2685. By way of still further answer, Tammac is not a "debt collector," as that term is defined in the Fair Credit Extension Uniformity Act. h) It is specifically denied that Tammac abused or harassed the Goldens through repeated telephone calls to John W. Golden at his place of employment. To the contrary, Tammac was merely advising John W. Golden that his account was delinquent. By way of further answer, Chapter 303 was expressly rescinded by Section 6 of the Act of March 28, 2000 (P.L. 23, No. 7) (Act 2000-7), known as the Fair Credit Extension Uniformity Act (73 P.S. §§2270.1 - 2270.6.) See 31 Pa. B. 2685. By way of still further answer, Tammac is not a "debt collector," as that term is defined in the Fair Credit Extension Uniformity Act. i) It is specifically denied that Tammac otherwise abused or harassed the Goldens in connection with the collection of a debt. By way of further answer, Chapter 303 was expressly rescinded by Section 6 of the Act of March 28, 2000 (P.L. 23, No. 7) (Act 2000-7), known as the Fair Credit Extension Uniformity Act (73 P.S. §§2270.1 - 2270.6.) See 31 Pa. B. 2685. By way of still further answer, Tammac is not a "debt collector," as that term is defined in the Fair Credit Extension Uniformity Act. 24. Denied. After reasonable investigation, Tammac is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 24 of the Goldens' counterclaim. Strict proof thereof is demanded at the time of trial. 542025.1 5 WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against the Golden in the amount of $44,076.16, plus interest from November 1, 2002, attorneys' fees and costs and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to cease the collateral. NEW MATTER 25. Tammac incorporates the above paragraphs by reference pursuant to Pa. R.C.P. No. 1019(g). 26. The Goldens advised Tammac that their nearest relatives were Mr. Golden's mother, Alice Golden, and Carrie Golden's mother, Brenda Guerrero. 27. The Goldens also provided Tammac with the telephone numbers for Alice Golden and Brenda Guerrero. 28. The Goldens advised Tammac that the best place to reach them was at their nearest relatives' respective residences. 29. As of February 19, 2003, the Goldens were past due to Tammac in the amount of $5,343.80, consisting of accrued interest in the amount of $3,806.56, late charges in the amount of $60.00 and miscellaneous charges in the amount of $1,477.24 30. Even if the Goldens were able to prove all of the allegations set forth in their counterclaim, Tammac would still be entitled to possession of the Collateral, inasmuch as, the Goldens would still be indebted to Tammac, even after being given a credit for such alleged damages. 31. The Goldens' claims are barred, in whole or in part, by the Doctrine of Consent, inasmuch as the Goldens provided Tammac with the names and telephone numbers of their nearest relatives and even advised Tammac to attempt to contact them at their nearest relatives' respective residences. 542025.1 6 32. The Goldens are estopped, in whole or in park, from bringing the claims against Tammac set forth in their counterclaim. 33. 37 Pa. Code §303 was expressly rescinded by the Fair Credit Extension Uniformity Act. See 31 Pa. B. 2685. 34. Tammac is not a "debt collector," as that term is defined in the Fair Credit Extension Uniformity Act. 35. Tammac otherwise has no liability to the Golden.s under 73 P.S.§201-1 et seq. 36. The Goldens have failed to state a claim upon which relief can be granted. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against the Goldens in the amount of $44,076.16, plus interest from November 1, 2002, attorneys' fees and costs and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to cease the collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID NO.: 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 27-8005 Facsimile Dated: February 21, 2003 542025.1 7 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL, ACTION - LAW JOHN W. GOLDEN and REPLEVIN CARRIE A. GOLDEN, Defendants NO. 02- 5638 Civil Term CERTIFICATE OF SERVICE I, James T. Shoemaker, hereby certify that I am serving a true and correct copy of the foregoing answer and new matter upon the defendants, by depositing said document in the U.S. mail, first class, postage pre-paid, addressed to counsel of record as follows: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Respectfully submitted, Hourigan, Kluger & Quinn, P.C. BY: ??-- James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Corporation Date: February 2 1 , 2003 542049. 1 02/20/09 16:02 FAX HK&Q PC 2/20/03 6:06 PAGE 11/11 VERIFICATION RightFAX 'ti 1, Sam Marsola, Collection Manager of Tammac Corporation, have the authority to make this Iih 012 verification on its behalf. The statements contained in the fmagoing answer and new matter are true and correct to the best of my knowledge or information and belief Z understand that this verification is being made subject to the penalties of 18 Pa. C.S..§ 4904 relating to unsworn falsification to authorities. 0i wodW4 Sam Marsola, Collection Manager 54l"I.1 02/20/03 THU 15:55 [TX/RX NO 88801 C? t??. C ) C . _ c,=. _? ? ?? ?; , .? ._ ? _, ._... ._{ _ ? ? _) CYJ -?. TAMMAC CORPORATION, . Plaintiff V. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5638 CIVIL TERM ORDER OF COURT AND NOW, this 24`l' day of February, 2003, upon consideration of the attached letter from Philip C. Briganti, Esq., attorney for Defendants, and without objection by Plaintiff's counsel, James T. Shoemaker, Esq., the hearing scheduled for February 26, 2003, on Plaintiff's Motion for Writ of Seizure is cancelled. BY THE COURT, J. Wesley Oler,'Jrs; J. James T. Shoemaker, Esq. 600 Third Avenue Kingston, PA 18704 Attorney for Plaintiff Philip C. Briganti; Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Defendant :rc 1 -?- ? a if, N idPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Phone 717-243-9400 1-800-822-5288 FAX 717-243-8026 www.midpenn.org February 24, 2003 The Honorable J. Wesley Oler Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Tammac Corporation v John W Golden and Carrie A. Golden No. 02-5638 Civil Term Dear Judge Oler: I am writing to confirm that the defendants in the above-referenced action, John and Carrie Golden, commenced Chapter 13 bankruptcy proceedings on February 21, 2003. Accordingly, pursuant to Section 362 of the Bankruptcy Code (11 U.S.C. § 362), the hearing on Plaintiff's Motion for Writ of Seizure scheduled for February 26, 2003, at 10:30 a.m., is stayed. For your information, I am enclosing a copy of the Goldens' Chapter 13 petition. Thank you for your attention to this matter. Sincerely, MIDPENN LEGAL SERVICES l Philip C. riganti C: James T. Shoemaker, Esquire (by fax and mail) John and Carrie Golden II? LSC FORM B1 United States Bankruptcy Court Name of debtorM(idid ndiv dual, enter la ars t, Midc Carrie AGolden All Other Names used by the Debtor in the last 6 years (include married, maiden, and trade names): Carrie Ann Carr Soc. Sec./Tax I.D. No. (if more than one, state all): 191-58-7373 Street Address of Debtor (No. & Street, City, State, Code) 9 Buffalo Drive Shippensburg PA 17257 County of Residence or of the Principal Place of Business: Cumberland Mailing Address A Debtor (if different from address): street Voluntary Petition Ile): Name of Joint Debtor (S ouse P W mast, First, Middle) John a ne Golden y All Other Names used by the Joint Debtor in the last 6 ears (include married, maiden, and trade names): Soc. Sec./Tax I.D. No. (if more than one, state all): 199-54-8313 Zip Street Address of Joint Debtor (No. & St., Z City, State & Zip Code) 9 Buffalo Drive Shippensburg PA 17257 County of Residence or of the Principal Place of Business: 11 malting Address of Joint Debtor (if different from street address): Location of Principal Assets of Business Debtor kf (if different from street address above): Information Regardinjg:the De btor (Check the;]?plioabl'e1 Boxes) Venue: (Check any applicable box) [XI Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer in any other District. part of such 180 days than [ ] There is a bankruptcy case concerning debtors affiliate, general partner, or partnership Pending in this Type of Debtor (Check all boxes that apply) [XI Individual(s) [ I Railroad [ 7 Corporation ( I Stockbroker I I Partnership C I Commodity Broker I I Other Nature of Debts (Check one box) [X7 Consumer/Non-Business [ I Business Chapter 11 Small Business (Check all boxes that apply) [ 7 Debtor is a small business as defined in 11 U.S.C. § 101 [ I Debtor is and elects to be considered a small business under 11 U.S.C. § 1121(e)(0 tional) Chapter or Section of Bankruptcy Code Under Which the Petition is filed (Check one box) [ I Chapter 7 C 1 Chapter 11 [X] Chapter 13 [ 1 Chapter 9 [ I Chapter 12 [ 1 Sec. 304- Case ancillar to foreign proceeding Filing Fee (Check one box) [XI Full Filing Fee attached [ 7 Filing Fee to be paid in installments (Applicable to individuals only) Must attached signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule 1006(e). See Official Form No. 3. Statistical/Administrative information (estimates only) [ I Debtor estimates that funds will be available for distribution to unsecured creditors. [X] Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. Estimated Number of Creditors 1-15 16-49 50-99 100-199 200-999 1000-over Estimated Assets [XI [ I [ I [ 7 [ ) $0- $50,001- $100, [ X] CI 001- $500,001- s1, 000,001- $10,000,001- $50,000,001- More than $50,000 $100,000 5500,000 $1 million 10 million 50 million 100 million 100 million [ 7 C] Estimated Debts I I I I [ 7 [ 1 $0- $50,001-$100,001-$500,001-s1,000,001-$10,000,001-$50,000,001Morethan $50,000 $100,000 $500,000 $1 million 10 million50 million100 million100million ' C X I [ I [ ] [ ] Form Published by: Law Disks, 734 Franklin Avenue, Garden City, NY 115307 [ ] THIS SPACE IS FOR COURT USE ONLY Q? z ; q-r7 •i C- c?. (J1 Voluntary Petition (This page must be completed and filed in every case.) EName of Debtor(s):FORM B1, Page 2 rie Ann & John Wayne Golden Prior Bankruptcy Case Filed Within the Last 6 Years -OOf more than one, attach additional sheet.) Location Where filed: Case Number: I Date Filed: Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: I Case Number: I Date Filed: District Relationship: Judge: Signatures of Debtor(s) (Individual/Joint) I declare under enalt of Signature of Debtor (Corporation/Partnership) P Y perjury that the I declare under penalty of perjury that the information information provided in this petition is true and correct. provided in this petition is true and correct, and that I [If the petitioner is an individual whose debts are have been authorized to file this petition on behalf of the primarily consumer debts and has chosen to file under chapter 71 I am aware that I may proceed under chapter 7? debtor. 11, 12, or 13 of title 11, United States Code, understand The debtor requests relief in accordance with the chapter the relief available under each such chapter, and choose to of title 11, United States Code, specified in this proceed under chapter 7. I request relief in accordance with the chapter of Petition. title 11, United States Code, specified in this petition. c X / Sig t re of for j x nature of Joint De for X Signature of Authorized Individual Name of Authorized Individual Printed Telephone Number Of not represented by attorney) Date ° SignatuiWof Attorney Print below: Attorney Name, firm, Address, Telephone No: Philip C. Briganti MidPenn Legal Services 8 Irvine Row Carlisle PA 17013 (717) 24?-9400 2 Date Exhibit A (To be completed if the Debtor is required to file periodic reports (e.g., forms 10K and 100 with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11) [] Exhibit A is attached and made a part of this petition. Exhibit B (To be completed if Debtor is an individual whose debts are primarily consumer debts.) I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained tale relief availabl under each chapter. x Signature of ttorney fo Debtor(s) Date Title of Authorized Individual Date Signature of Non-Attorney Petition Preparer I certify that I At a bankruptcy petition thpreparer is document as compensation, and thatlII have tprovidedrthedebtorr wi?thtafor copy of this document. ame o an rup cy Petition reparer Printed 0c1- ecurt y um er ress Name and Social Security Numbers of all other individuals who prepared or assisted in preparing this document: If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. X 1gna ure o an rup cy Petition Prep arer Date pArovisionscofptitleo17pandathe'FederalrRulescof BY withtthe d may result in fines or imprisonment or both rup1 U .S.C. §110; 18 U.S.C. §156. [Publisher's Note: This form is NOT intended to be used by nonattorney bankruptcy-petition preparers: Schedules do not contain all disclosures required for use by nonattorney bankruptcy-petition preparers.) HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T Shoemaker, Esquire IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18701 (570) 287-3000 TAMMAC CORPORATION, ATTORNEY FOR PLaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW JOHN W. GOLDEN and REPLEVIN CARRIE A. GOLDEN, Defendants NO. 02- 5638 Civil Term PETITION TO REOUEST HEARING The plaintiff, Tammac Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby petitions that the hearing on the plaintiff's motion for writ of seizure be re-scheduled. 1. This matter was scheduled for a hearing on February 26, 2003. 2. On February 21, 2003 the defendants filed for bankruptcy under Chapter 13, Case No. 03-00952, thereby staying the hearing on the plaintiff's motion for writ of seizure. 639462.1 3. The plaintiff obtain relief from automatic stay pursuant to an Order dated November 5, 2004, a copy of which is attached to this petition as Exhibit "1" and incorporated herein by reference. WHEREFORE, the plaintiff requests this Court to schedule a hearing on its motion for writ of seizure. 600 Third Avenue Kingston, PA 18704 Telephone: 570-287-3000 Facsimile: 570-287-8005 Dated: November 18, 2004 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P. C. BY: James T. Shoemaker, Esq. Counsel for the plaintiff, Tammac Corporation 639462.1 2 0 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: NO: 1-03-00952 (MDF) JOHN W. GOLDEN and CARRIE A. GOLDEN, Debtors CHAPTER 13 TAMMAC CORPORATION, Movant VS. JOHN W. GOLDEN and CARRIE A. GOLDEN and CHARLES J. DeHART, III, ESQUIRE, TRUSTEE; " Respondents ORDER AND NOW, this? day of 2004, it is hereby ORDERED that, upon certification of default under the terms of the Stipulation entered into by and between debtors and the movant, which was approved by the Court on July 19, 2004, the automatic stay imposed by I I U.S.C. §362 is hereby lifted with respect to this bankruptcy and any later bankruptcy or conversion filed by or against the debtors to permit movant to proceed to exercise any rights granted to it by state law in debtors' manufactured home as set forth in the motion. BY THE COURT: HAfiRISBURG t?laf.-?.! FA I Nov 5 637409.1 1 Cicrk, U.S. Bankruptcy Court EXHIBIT y .r: 171 1 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff : vs. CIVIL ACTION - LAW JOHN W. GOLDEN and REPLEVIN CARRIE A. GOLDEN, Defendants NO. 02- 5638 Civil Term ORDER And now, this day of , 2004, at o'clock m., it is hereby ordered that there will be a hearing on the plaintiff's motion for writ of seizure, on the day of , 2004, at Courthouse, Carlisle, PA, Court Room o'clock, _.m., at the Cumberland County BY THE COURT, J. 639465.1 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW JOHN W. GOLDEN and REPLEVIN CARRIE A. GOLDEN, Defendants NO. 02- 5638 Civil Term ORDER Andnow,this dayof ,2004, at o'clock m., it is hereby ordered that there will be a hearing on the plaintiffs motion for writ of seizure, on the day of , 2004, at Courthouse, Carlisle, PA, Court Room o'clock, _ m., at the Cumberland County BY THE COURT, J. 639465.1 TAMMAC CORPORATION, Plaintiff vs. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 02- 5638 Civil Term And now, this day of , 2004, at o'clock-.m., it is hereby ordered that there will be a hearing on the plaintiff's motion for writ of seizure, on the day of , 2004, at Courthouse, Carlisle, PA, Court Room o'clock, ,.m., at the Cumberland County BY THE COURT, J. 639465.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T Shoemaker, Esquire IDENTIFICATION NO. 63871 ATTORNEY FOR PLaintiff LAW OFFICES 600 Third Avenue Kingston, PA 18701 (570) 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants CIVIL ACTION - LAW REPLEVIN NO. 02- 5638 Civil Term PETITION TO REQUEST HEARING The plaintiff, Tammac Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby petitions that the hearing on the plaintiff's motion for writ of seizure be re-scheduled. 1. This matter was scheduled for a hearing on February 26, 2003. 2. On February 21, 2003 the defendants filed for bankruptcy under Chapter 13, Case No. 03-00952, thereby staying the hearing on the plaintiff's motion for writ of seizure. 639462.1 3. The plaintiff obtain relief from automatic stay pursuant to an Order dated November 5, 2004, a copy of which is attached to this petition as Exhibit "1" and incorporated herein by reference. WHEREFORE, the plaintiff requests this Court to schedule a hearing on its motion for writ of seizure. 600 Third Avenue Kingston, PA 18704 Telephone: 570-287-3000 Facsimile: 570-287-8005 Dated: November 18, 2004 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esq. Counsel for the plaintiff, Tammac Corporation 639462.1 2 ? • UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: NO: 1-03-00952 (MDF) JOHN W. GOLDEN and CARRIE A. GOLDEN, Debtors CHAPTER 13 TAMMAC CORPORATION, Movant VS. JOHN W. GOLDEN and CARRIE A. GOLDEN and CHARLES J. beHART, HIS ESQUIRE, TRUSTEE; - Respondents ORDER AND NOW, this? day of 11 , 2004, it is hereby ORDERED that, upon certification of default under the terms of the Stipulation entered into by and between debtors and the movant, which was approved by the Court on July 19, 2004, the automatic stay imposed by 11 U.S.C. §362 is hereby lifted with respect to this bar lruptcy and any later bankruptcy or conversion filed by or against the debtors to permit movant to proceed to exercise any rights granted to it by state law in debtors' manufactured home as set forth in the motion. BY THE COURT: lx, J. 63?109.1 FA Nov 5 Cork, U.S. Bankruptcy Court EXHIBIT u ii r' ?, r.a ? 6;. ,;? +...? r - ,? ?... ?? , ^,.? ?, _ ? ::; f.7 T - . D NOV 2 4 ?C 14 TAMMAC CORPORATION, Plaintiff vs. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 02- 5638 Civil Term 01. And now, this -a- day of c , 2004, at o'clock f-m., it is hereby ordered that there will be a hearing on the plaintiffs motion for writ of seizure, on the ,doe 5- day of , 2004- at ;,-)Oo'clock, ? .m., at the Cumberland County Courthouse, Carlisle, PA, Court Room -L-. 639465.1 Halal d q BY THE COURT, ' J. ?C-0oa 10 co) T C \l r LLI 0- 'I C-4 e. , HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, vs. Plaintiff ATTORNEY FOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JOHN W. GOLDEN and CARRIE A. GOLDEN, REPLEVIN Defendants NO. 02- 5638 Civil Term CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the foregoing notice upon the defendants, by forwarding said document, via overnight courier, addressed to counsel of record as follows: Geoffrey Berringer, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: December 27, 2004 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. By ?-? James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 644809.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 TAMMAC CORPORATION, Plaintiff VS. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 02- 5638 Civil Term NOTICE OF HEARING FOR SEIZURE OF PROPERTY TO: John W. Golden Carrie A. Golden c/o Geoffrey Berringer, Esquire 8 Irvine Row Carlisle, PA 17013 You are hereby notified that 1. Plaintiff has commenced an action of replevin and has filed a motion for writ of seizure of the property described in the complaint. A copy of the complaint, the motion for writ of seizure, the brief in support of motion for writ of seizure and the Court's Rule dated December 1, 2004 is attached to this notice. 644804.1 2. There will be hearing on this motion for writ of seizure on January 3, 2005 at 2:30 p.m., at the Cumberland County Courthouse, Carlisle, Pennsylvania, Court Room No. 1. 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 the plaintiff before a final decision in this case. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ' James T. Shoemaker, Esquire ID NO.: 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 27-8005 Facsimile Dated: December 27, 2004 W804.1 -,,,? r.s 4r* Is -£ q8 8z 330 UR HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, Plaintiff vs. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS - OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 02- 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 527237.1 THE OFFICE SET FORTH BELOW TO FIND OUT WII ERE YOU CAN GET LEGAL HELP. LEGAL SERVICES OF NORTHEASTERN PENNA., INC. 410 Bicentennial Building 15 Public Square Wilkes-Barre, PA 18701 (570) 825-8567 or 145 Eas--t Broad Street Room 108 Hazleton, PA 18201 (570) 455-9512 PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: (717) 238-6715) - COURT ADMINISTRATOR Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 YORK COUNTY COURT ADMINISTRATOR York County Courthouse 28 East Market Street York, PA 17401 (717)771-9234 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire 1D No.: 63871 Counsel for the plaintiff, Tammac Corporation 527237.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 TAMMAC CORPORATION, Plaintiff vs. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 02- COMPLAINT The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendants, John W. Golden and Came A. Golden (the "Goldens"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at Arena Hub Business Complex, 275 Mundy Street, Wilkes-Barre, PA 18702. 527221.1 2. The Goldens are both adult individuals having a last known address of 9 Buffalo Drive, Shippensburg, Cumberland County, PA, 17257. 3. On or about July 18, 2001, the Goldens were the owners of a 2000 Fleetwood mobile home bearing VIN VAFLX19AB03009HE13 (the "Collateral"). 4. On or about July 18, 2001, Tammac made a loan to the Goldens in the amount of $42,582.50, as evidenced by a simple interest note, disclosure and security agreement (the "Note"). (A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.) 5. In order to induce Tammac to make the aforesaid loan, the Goldens granted Tammac a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference.) 6. The Note was not assigned. 7. The Goldens defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 8. The Goldens are due for their August 18, 2002, payment. 9. Upon information and belief, the fair market value of the Collateral is $26,803.39. 10. Tammac believes and therefore avers that the Goldens have possession of the Collateral. 527221.1 2 11. The Goldens have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. 12. The balance of the Note as of November 1, 2002, was $44,076.16, consisting of principal in the amount of $42,336.66 and accrued interest in the amount of $1,904.34, minus a suspense payment in the amount of $164.84, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against the Goldens in the amount of $44,076.16, plus interest from November 1, 2002, attorneys' fees and costs, and requests this Court to enter an Order directing the Prothonotary to issue a writ of possession to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. f BY. James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 Dated: ) ! (_) r j , 2002 527221.1 3 VERIFICATION I, Jeffrey A. Goodrich, Collection Supervisor of Tammac Corporation, have the authority to make this verification on its behalf. The statements contained in the foregoing complaint are true and correct to the best of my knowledge or information and belief. I undersfand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Jef ? A -GooMch, Collection Supervisor 527233.1 I Borroweris) - - Lender John W Golden Tattmac Corporation Carrie A Golden 275 Mundy Street Wilkes-Barre, PA 18702 Date 07/18/2001 A phrase, clause, or paragraph on this form that is preceded by a0 9 Buffalo Drive that is not checked does not apply Shippensburg PA 17257 to this loan. "I" means each Borrower above, jointly and severally. "You" means the Lender, its successors and assigns. Note -For value received, 1 promise to pay to you, or your order, at your address above, the principal sum of: Forty-two thousand five hundred eighty-two,-and 50/100 Dollars $ 42582. 50 plus interest ,from .07/18/2001 at the rate of 13 .5 % per year until 7/18/2031 ? Post Maturity Interest -After.atalufity the unpaid balance of principal will earn interest at the rate of % per year. ? Additional Finance Charge - ),als0d9ree to pay a nonrefundable fee of $ and it will be ? paid in cash. ? withheld fror the proceeds. (If this fee, is withheld from the proceeds, the amount is included in the principal sum.) Payments - The number, amount and due dates for scheduled payments are disclosed in the Truth in Lending disclosure below. Late Charge - If there is a late charge for this transaction, it will be disclosed in the Truth in Lending disclosure below. The Purpose Of This Loan Is - PURCHASE A MOBILE HOME ? Bad Check Charge - I agree to pay a charge of $ if 1 make a payment with a check that is dishonored. This Loan Made Under ?This loan is secured by , dated 07/18/2001 ®Security Agreement -J give you a security interest in the Property described below. The rights I am giving you in this Property and the obligation this agreement secures are defined on page 2 of this agreement. 2000 40' X 281 Fleetwood VAFLX19ABO3009 ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The cost of my credit The dollar amount the The amount of credit The amount 1 will have paid when as a yearly rate. credit will cost me. provided to me or on my behalf. I have made all scheduled payments. 13.50 % 3 133007.50 S 42582.50 $ 175590,00 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: 360 487.75 Beginning 8/18/01 and on the 18th of each successive month thereafter. Security - I am giving a security interest in: ? (description of other property) ® the Goods or Property being purchased. 9 Buffalo Drive Shippensburg PA 17257 ? Collateral securing other loans with you may also secure this ban. ® Late Charge - i agree to pay a late charge equal to 10 % of the unpaid portion of an installment not paid within 15 days after it is due, or $ , whichever is Prepayment - If I pay off this note early, 1 will not have to pay a penalty. ® If 1 pay off this note early, I will not be entitled to a refund of part of the finance charge. ® Assumption - Someone buying the property securing this loan ? may ® cannot assume this loan on its original terms. I can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date, and prepayment refunds and penalties. ? If you do not meet your contract obligations, you may lose your Credit Insurance - Credit life, credit accident and sickness (disability), unemployment and any other insurance coverage quoted below, are not requires to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for mI (if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Life - ? Single ? Joint Insured Premium $ Term Credit Disability - ? Single ? Joint Insured Premium $ Term Credit Unemployment - El Single El Joint Insured Premium $ Term Name of Insurance Company My signature-below means t want (only) the insurance coverage(s) quoted above. If none are quoted, I have declined all coverages you offered. X D.O.B. 1/14/71 X D.O.B. X O.O.B. 6/28/77 __ X_ D.O.B. © Property Insurance - Property insurance is required. 1 may obtain property insurance from anyone I want that is acceptable to you. If I get the insurance from or through you, I will pay $ 1065.00 for THREE YEARS of coverage Itemization of Amount Financed Amount paid to me directly S Amount paid on my account $ Amounts paid to others on my behalf To insurance companies S To public officials - filing fees only S To public officials - other than filing fees S Amount pd on your behalf $ Buydown S Additional Finance Fees S 5 S (Minus) Prepaid Finance Charge s Amount Financed s 0 1997 Bankers Systems, Inc., St. Clone, MN Form FC-SI-DN-PA 8/19/98 Signatures - I agree to the terms on page 1 and 2 of this agreement. 0.00 1 have received a copy of this document on today's date. COSIGNERS - SEE SEPARATE NOTICES BEFORE SIGNING. 1065.00 Signature G4 LCY *ae& 41400.00 Signature 0Azru e) 117.50 Signature 0.00 42582.50 Signature r /1,. I,,, T a . &,-Luv"t /page r or 2 ADDITIONAL TERMS OF THE NOTE Dpfrnftions, - "1," 'me' or 'my" means each Borrower who signs this note and each other person or legal entity lincluding guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as 'us"). "You" or "your" means the Lender and its successors and assigns. If any part of this note cannot be enforced, such fact will not affect the rest of this note. Any change fo this note or any agreement securing this note must be in writing and signed by you and me. Prepayment - I may prepay this loan in whole or in part at any time. If I prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. Usury - The interest rate and other charges on this loan will never exceed the highest rate or charge allowed by law for this loan. Post Maturity Interest Rate - If this section is checked, the post maturity rate will begin to apply on the day after maturity, or, if the loan is in default and we accelerate after default, on such date. Default - 1 will be in default on this loan and any agreement securing this loan if: 1. 1 fail to make a payment in full when due; or 2. Your prospect of payment, performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement, you may exercise your remedies against.-any or all of us. Remedies - If I am in default on this loan or any agreement securing this loan, you may exercise your rights provided by law and this agreement. I also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the loan, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this loan (or both) in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits or refunds that may be available. If 1 default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. Costs Of Collection And Attorney's Fees - I agree to pay you the costs you incur to collect this debt or realize on any security. This includes your reasonable attorney's fees and court costs. This provision also shall apply if 1 file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. Independent Obligation - 1 understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and for any term, and I will still be obligated to pay this loan. You may, without notice, fail to perfect your security interest in, impair, or release any security and I will still be obligated to pay this loan. Waiver - 1 waive (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Privacy - 1 agree that from time to time you may receive credit information about me from others, including credit reporting agencies and other lenders. 1 agree that you may furnish on a regular basis credit and experience information regarding my loan to others seeking such information. Financial Statements - I will give you any financial statements or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purchase Money Ldan - If this is a Purchase Money Loan, you may include the name of the seller on the check or draft for this ban. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the Federal Usury Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this form 1.The late charge, if there is one, wiN not apply to the final scheduled installment. 2. PREPAYMENT - YOU MAY PREPAY THIS LOAN 1N FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure' period it describes has passed. We may not be required to.send you a notice if (1) you have abandoned the Manufactured Home, (2) you received two notices in the prior one-year period, or (3) other extreme circumstances exist. ' Notice of Proposed Insurance -If so indicated on the front of this note, credit life insurance coverage and/or credit accident and health insurance coverage wilt apply to this note: The insurance company named on the front of this note will write the insurance. The insurance covers only the person(sl signing the request for insurance. The charge for each type of credit insurance to be purchased is as indicated on the front of this note. The term of insurance will begin as of the date of this note and will and on the original due date of this note. Subject to acceptance by the insurance company and within 30 days, a certificate of insurance will be given to the insured. If this note is prepaid before it is due, a refund of insurance charges will be made when due. ADDITIONAL TERMS OF THE SECURITY AGREEMENT Secured Obligations - This security agreement secures this loan (includin. all extensions, renewals, refinancings and modifications) and any othe debt I have with you now or later. Property described in this securit agreement will not secure other such debts if and to the extent th property: 1. constitutes my principal residence; or 2. is household goods. This security agreement will last until it is discharged in writing. For th, sole purpose of determining the extent of a purchase money securit interest arising under this security agreement: 1. Payments on any nonpurchase money loan also secured by thi agreement will not be deemed to apply to the Purchase Money Loan and 2. Payments on the Purchase Money Loan will be deemed to apply firs to the nonpurchase money portion of the loan, if any, and then to thl purchase money obligations in the order in which the items wen acquired. No security interest will be terminated by application of this formula "Purchase Money Loan" means any loan the proceeds of which, in whol or in part, are used to acquire any property securing the loan and al extensions, renewals, consolidations and refinancings of such loan. Property - The word "Property," as used here, includes all property that is listed in the security agreement on page 1. If a general description i- used, the word Property includes all my property fitting the genera description. Property also means all benefits that arise from the describes Property (including all proceeds, insurance benefits, payments frorr others, interest, dividends, stock splits and voting rights). It also mean: property that now or later is attached to, is a part of, or results from the Property. Ownership And Duties Toward Property - Unless a co-owner(s) of the Property signed a third party agreement, I represent that 1 own all the Property. I will defend the Property against any other claim. I agree to do whatever you require to perfect your interest and keep your priority. I wil not do anything to harm your position. I will keep the Property in my possession (except if pledged and deliverec to you). I will keep it in good repair and use it only for its intendec purposes. I will keep it at my address unless we agree otherwise it writing. 1 will not try to sell or transfer the Property, or permit the Property tc become attached to any real estate, without your written consent. 1 wil pay all taxes and charges on the Property as they become due. 1 will inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property. Insurance - I agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. I will name you as loss payee on any such policy. 2. You may require added security on this loan if you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts I still owe you, I will pay the difference. 4. 1 will keep the insurance until all debts secured by this agreement are paid. If I do not buy, maintain, and arrange to have you named as loss payee, as agreed above, I understand and agree: 1. You may, but are not required to, purchase insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company I might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium I might be required to pay for the insurance I have agreed to buy on this note. Default And Remedies - If 1 am in default, in addition to the remedies listed in the note portion of this document, you may (subject to any applicable notice and cure period): 1. Pay taxes or other charges, or purchase any required insurance, if I fail to do these things (but you are not required to do so). You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this note until paid in lull; 2. Require me to gather the Property and any related records and make it available to you in a reasonable fashion; 3. Use any other remedy allowed by law. I agree that when you must give notice to me of your intended sale or disposition of the Property, the notice is reasonable if it is sent to me at my last known address by first class mail 10 days before the intended sale or disposition. I agree to inform you in writing of any change in my address. Filing - A copy of this security agreement may be used as a financing statement when allowed by law. 0 1937 Bankers Systems, Inc . St. Cloud, MN Form FC-51-DN PA B/19/98 rpsge 2 o7 2) ' " :y: „ , Nr.uuarmrw~:rrcm::..sn.er..n:.rr•• ^'-^•^^?:.r • n•+mrr.:: RTIFICATE OF TITLE FOR A VEHIC SSB € 1112S6 1305700 014.0-Oill '0t•r X11Ai3T.111i1.will UL-3 1: L ?,VA: I '1!la 5+1 N40-91.1102 , Go . `, •••,•Y!1!IC.I-r. lill'!RIfK:A710N NIIMii!!1 y%.+! I MAKI (1F VEItlf.;li li .'V ••• .I? riH:: . ••n• ,? 9/14/01` CXFMPT 4 EiI ,J: "i'(})'• Iv.l .; ... 1". 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HIPO'ENS UR ''PA:' L72 S7 -p:hA:•AMAKJ ti,: ?,? :?• y1 'S 16 . hi N C.AA!, f• :a .. .._._.__...:..._ ?,., i :'IF}iT U N PAIl lJf;'` , .SC(XJNO,LIL'N FAV(N-1 Of jyAMMAC,?CIRPYISADA?';+• „; .,.. x•BfllxNd 4en110We1 Is ubu .: I.IYr. Y1•L'S!.Ntll fill r _ Irr. •. Pr' YIC.r •. iffint lde Most lorwnnd HIES . •n 11, Ilk(, tJinr•.r,• d Mril V: rrll w:•!I' 1!r r p trW 1tt !y: Fr .?11 :l UEN RrLMI:U « l I ,4 .o It DATC I, UY ^uLCONU llF N fIF'I l l/ _ Y •?{,•:.. '• AUniOfilZED nEvra'Si- lATIYI _• r l1'•I, •-• •-- -• •'w':/ur A 111NG AIH7111 SS' - •¢,' 'Y=.Y-r• '3 li r(?, { i,.... BY AI11iNNi:ZFDRfPRfiSCN'A1R1 t LnKl=PA. ', `T'??NNAC rCDRP I SAGA •;.r";.:i??l • r_` ?Y.. ?. S _. ..`... ..' ter:.'.:. 3 ' z7:S36-1.1UNDYl S T ' 7 1V?: P1LXES BARRE PA 18702 ' _. =Y='?.E?4?>` _? +ca •?a ?, .4s art. fi,!?;•?•? rw>M.•Y '?- i '•+. t..;• •?,7 "A:Yw ti.-?:,•-', lc;,ti'r ?: ?• .?r•,:,• . t _ ?' ?::SiY?.ayY y _ - ?:!!_'! !' rJ11M1MY.?1. 01 Ole -deft ul'Isslie, j?* of lcl d rerAw ds Of tln PemsVlrarva U«pannienl r' • R /{ JLMud dlt yors;onk l of conil named tol is tN! Iawkil owrlor ;":, tN'onbrk.:,' .. ticcrerarytt7'rani?wrlnrion f•'`.;.,.??',... Y. Ilk 3 w • •Ar •' II a CP r1:llaser other than your r+Qtl ci liiL-U ANTI SWORN rari?l•.... • 1. Ix, You spouse Is listed and you warrt MwGtlli itr; ,?•?! ?. be listed as 'Joint Tenants With R?tlt of S!-f[vorshlp":jOrilFlot i .,w r ??' F .? •.. • •'- n•v If An owner, titlu'q(ilts l0 survrviny owrltl: "?IiE;Ci(IFiEHE O. Iherwise; IjttJ.L'Je.a. +1tl e? Y' Y ?'+•y k, ia?, i,! 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Will l!I N. %,,I r1•i O LUIldLul;,rT t!I1 ti T V Z A i.Al IN dill lW: I%1.....r Y.;.•1 .WANt:W 1N!illrl!Ill poll li m?Iit!r?me7l?r:•tii?L•€?Ai?r?ly:••nlrsermr•.--.:r:!•':: i_..lT.. P..?ib,]J rwclayri -5j. a?Y?__u+hurefSlr?ib?? ?y s r•• A?? -aI. •rli .. r s . IN ill •.1 • ?, FIArt?:'Tf'? ??'1'?4:y" .. •_....u' LYE s:?_ ..._+.'rL!14:Cr.. •6R3•ii'.':.,,i? a 'IYYAr??rs• ? -u_+:L. s r I L 1- .1 L11 4 1 1 4 1" VERIFICATION I, Jeffrey A. Goodrich, Collection Supervisor of Tammac Corporation, have the authority to make this verification on its behalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Llf A, ood h, Collection Supervisor 527228.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW JOHN W. GOLDEN and REPLEVIN CARRIE A. GOLDEN, Defendants NO. 02-5638 Civil Term PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits, pursuant to Pa.R.C.P. 1075.1, its motion for writ of seizure, against the Defendants, John W. Golden and Carrie A. Golden (the "Goldens"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth ofPennsylvania, having an office located at the Arena Hub Business Complex, 275 Mundy Street, Wilkes-Barre, Luzerne County, PA 18702. 2. The Goldens are both adult individuals, having an address of 9 Buffalo Drive, Shippensburg, Cumberland County, PA 17257. 527227.1 3. On or about July18, 2001, the Goldens were the owners of a 2000 Fleetwood manufactured home bearing VIN# VAFLX19AB03009HE13 (the "Collateral"). 4. On or about July 18, 2001, Tammac made a loan to the Goldens in the amount of $42,582.50, as evidenced by a simple interest note, disclosure and security agreement (the "Note"). (A true and correct copy of the Note is attached as Exhibit "A" and incorporated herein by reference.) 5. In order to induce Tammac to make the aforesaid loan, the Goldens granted Tammac a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached as Exhibit "B" and incorporated herein by reference.) 6. The Note was not assigned. 7. The Goldens defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 8. The Goldens are due for their August 18, 2002 payment. 9. Upon information and belief, the fair market value of the Collateral is $26,803.39. 10. Tammac believes and therefore avers that the Goldens have possession of the Collateral. 11. The Goldens have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. 12. The balance of the Note as of November 1, 2002, was $44,076.16, consisting of 5272271 principal in the amount of $42,336.66 and accrued interest in the amount of $1,904.34, minus a suspense payment in the amount of $164.84, exclusive of attorneys' fees and costs. WHEREFORE, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, HOURIGAN, KLUGER & QUfNN, P.C. BY: ??-- -? James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 Dated: ?r 1 Cl , 2002 527227 1 Borrowerls) tender - John W Golden Tammac Corporation Carrie A Golden 275 Mundy Street Wilkes-Barre, PA 18702 Date 07/18/2001 A phrase, clause, or paragraph on this form that is preceded by a ? 9 Buffalo Drive that is not checked does not apply Sh>ppensburg PA 17257 to this loan. 'I' means each Borrower above, jointly and severally. 'You' means the Lender, its successors and assigns. Note - For value received, I promise to pay to you, or your order, at your address above, the principal sum of: Forty-two thousand five hundred eighty-two 'and 50/100 Dollars $ 42582. 50 plus interest from .07/18/2001 at the rate of 13 -5 % per year until 7/18/2031 ? Post Maturity IntareSt -After maturity the unpaid balance of principal will earn interest at the rate of % per year. ? Additional Finance Charge - ) also agree to pay a nonrefundable fee of $ and it will be ? paid in cash. ? withheld fror the proceeds. (If this fee, is withheld from the proceeds, the amount is included in the principal sum.) Payments - The number, ivAount and due dates for scheduled payments are disclosed in the Truth in Lending disclosure below. Late Charge - if there is a late charge for this transaction, it will be disclosed in the Truth in Lending disclosure below. The Purpose Of This Loan Is - PURCHASE A MOBILE HOME ? Bad Check Charge - I-agree to pay a charge of $ if I make a payment with a check that is dishonored. This Loan Made Under r .-• ?This loan is secured by dated 07/18/2001 ®Security Agreement -J give you a security interest in the Property described below. The rights 1 am giving you in this Property and the obligation this agreement secures are defined on page 2 of this agreement. 2000 40' X 28' Fleetwood VAFLX19AB03009 ANNUAL PERCENTAGE RATE FINANCE CHARGE _ AMOUNT FINANCED TOTAL OF PAYMENTS The cost of my credit The dollar amount the The amount of credit The amount I will have paid when as a yearly rate. credit will cost me. provided to me or on my behalf. I have made all scheduled payments. 13.50 % $ 133007.50 $ 42582.50 $ 175590.00 My Payment Schedule will be: Number of Payments: Amount of Payments- When Payments are Due: 360 487.75 Beginning 8118/01 and on the 18th of each successive month thereafter. Security - I am giving a security interest in: ? (description of other property) ® the Goods or Property being purchased. 9 Buffalo Drive Shippensburg PA 17257 ? Collateral securing other loans with you may also secure this loan. ® Late Charge - I agree to pay a late charge equal to 10 % of the unpaid portion of an installment not paid within 15 days after it is due, or $ , whichever is Prepayment - If I pay off this note early, I will not have to pay a penalty. ® If I pay off this note early, i will not be entitled to a refund of part of the finance charge. ® Assumption - Someone buying the property securing this loan ? may ® cannot assume this loan on its original terms. 1 can see my contract documents for any additional information about nonpayment, default, and any required repayment before the scheduled date, and prepayment refunds and penalties. ? If you do not meet your contract obligations, you may lose your Credit Insurance - Credit life, credit accident and sickness (disability), unemployment and any other insurance coverage quoted below, are not require) to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for m, (if I qualify for coverage). You are quoting below ONLY the coverages 1 have chosen to purchase. Credit Life - ? Single ? Joint Insured Premium $ Term Credit Disability - ? Single ? Joint Insured Premium $ Term Credit Unemployment - E] Single ? Joint Insured Premium $ Term Name of Insurance Company My signature below-means 1 want {only) the insurance coverage(s) quoted above. If none are quoted, I have declined all coverages you offered. X D.O.B. 1/14/71 X D.O.B. X D.O.B. 6 28 77 __ X_ D.O.B. © Property insurance - Property insurance is required. ! may obtain prepcrty insurance from anyone I want that is acceptable to you. If 1 get the insurance from or through you, I will pay $ 1065 -00 for THREE YEARS of coverage Itemization of Amount Financed Amount paid to me directly Amount paid on my account Amounts paid to others on my behalf To insurance companies To public officials - filing fees only To public officials - other then filing fees Amount pd on Your behalf Buydown Additional Finance Fees (Minus) Prepaid Finance Charge Amount Financed Signatures - 1 agree to the terms on page 1 and 2 of this agreement- 0.00 1 have received a copy of this document on today's date. COSIGNERS - SEE SEPARATE NOTICE BEFORE SIGNING, $ ?Q $ 1065.00 Signature /U `^r ...? $ S ` Q?f $ 41400.00 Signature (qA7mLP) $ 5 117-50 $ s ?® 1 Sinnamre s EXHIBIT S ? Q v? O 1997 e.N - Systems, Inc. 51 Gaud, MN fpm FC-SI-DN PA 8/19/98 L G fn-Ye f o7 2, ADDITIONAL TERMS OF THE NOTE Dpfrtitions, - '1,' "me' or "my' means each Borrower who signs this note and each other person or legal entity (inducing guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as "us"): 'You' or "your" means the Lender and its successors and assigns. If any part of this note cannot be enforced, such fact will not affect the rest of this note. Any change, to this note or any agreement securing this note must be in writing and signed by you and me. Prepayment - 1 may prepay this loan in whole or in part at any time. If 1 prepay in part, I must still make each later payment in the original amount as it becomes due until this note is paid in full. Usury - The interest rate and other charges on this loan will never exceed the highest rate or charge allowed by law for this loan. Post Maturity Interest Rate - If this section is checked, the post maturity rate will begin to apply on the day after maturity, or, if the loan is in default and we accelerate after default, on such date. Default - I will be in default on this loan and any agreement securing this ban if: 1. 1 fail to make a payment in full when due; or 2. Your prospect of payment, performance, or ability to realize upon the property is significantly impaired. If any of us are in default on this note or any security agreement, you may exercise your remedies against any or all of us. Remedies - If 1 am in default on this loan or any agreement securing this ban, you may exercise your rights provided by law and this agreement. also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the ban, plus accrued interest and charges, making it due in its entirety before the scheduled due date. 2. You may realize on any property securing this transaction. 3. You may demand more security or new parties obligated to pay this ban (or both) in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits-or refunds that may be available. If I default and you choose not to exercise a remedy, you do not lose the tight to treat the event as a default if it happens again. Costs Of Collection And Attorney's Fees - I agree to pay you the costs you incur to collect this debt or realize on any security. This includes your reasonable attorney's fees and court costs. This provision also shall apply if 1 file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. Independent Obligation - 1 understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and for any term, and 1 will still be obligated to pay this loan. You may, without notice, fail to perfect your security interest in, impair, or release any security and I will still be obligated to pay this loan. Waiver - I waive (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Privacy - 1 agree that from time to time you may receive credit information about me from others, including credit reporting agencies and other lenders. I agree that you may furnish on a regular basis credit and experience information regarding my loan to others seeking such information. Financial Statements - 1 will give you any financial statements or information that you feel is necessary. All financial statements and information 1 give you will be correct and complete. Purchase Money Ldan - If this is a Purchase Money Loan, you may include the name of the seller on the check or draft for this loan. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the Federal Usury- Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this form 1. The late charge, if there is one, will not apply to the final scheduled installment. 2. PREPAYMENT - YOU MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to send you a notice if (11 you have abandoned the Manufactured Home, (2) you received two notices in the prior one-year period, or (3) other extreme circumstances ewst. ' Notice of Proposed Insurance - If so indicated on the front of this note, credit life insurance coverage and/or credit accident and health insurance coverage will apply to this note. The insurance company named on the front of this note will write the insurance. The insurance covers only the person(s) signing the request for insurance. The charge for each type of credit insurance to be purchased is as indicated on the front of this note. The term of insurance will begin as of the date of this note and will end on the original due date of this note. Subject to acceptance by the insurance company and within 30 days, a certificate of insurance will be given to the insured. If this note is prepaid before it is due, a refund of insurance charges will be made when due. ADDITIONAL TERMS OF THE SECURITY AGREEMENT Secured Obligations - This security agreement secures this loan (includ7n all extensions, renewals, refinancings and modifications) and any othe debt 1 have with you now or later. Property described in this securit agreement will not secure other such debts if and to the extent th property: 1. constitutes my principal residence; or 2. is household goods. This security agreement will last until it is discharged in writing. For th, sole purpose of determining the extent of a purchase money securit, interest arising under this security agreement: 1. Payments on any nonpurchase money loan also secured by thi agreement will not be deemed to apply to the Purchase Money Loan and 2. Payments on the Purchase Money Loan will be deemed to apply firs to the nonpurchase money portion of the loan, if any, and then to thl purchase money obligations in the order in which the items wert acquired. No security interest will be terminated by application of this formula "Purchase Money Loan" means any loan the proceeds of which, in whole or in part, are used to acquire any property securing the loan and at extensions, renewals, consolidations and refinancings of such loan. Property - The word "Property," as used here, includes all property that is listed in the security agreement on page 1. If a general description is used, the word Property includes all my property fitting the genera description. Property also means all benefits that arise from the describe( Property lincluding all proceeds, insurance benefits, payments fron others, interest, dividends, stock splits and voting rights). It also mean: property that now or later is attached to, is a part of, or results from th( Property. Ownership And Duties Toward Property - Unless a co-owner(s) of th( Property signed a third party agreement, I represent that I own all th( Property. I will defend the Property against any other claim. 1 agree to do whatever you require to perfect your interest and keep your priority. 1 wil not do anything to harm your position. I will keep the Property in my possession (except if pledged and deliverer to you). 1 will keep it in good repair and use it only for its intender purposes. I will keep it at my address unless we agree otherwise it writing. I will not try to sell or transfer the Property, or permit the Property tc become attached to any real estate, without your written consent. 1 wit pay all taxes and charges on the Property as they become due. I wil; inform you of any loss or damage to the Property. You have the right of reasonable access in order to inspect the Property. Insurance - 1 agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. I will name you as loss payee on any such policy. 2. You may require added security on this loan if you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts I still owe you, I will pay the difference. 4. 1 will keep the insurance until all debts secured by this agreement are paid. If 1 do not buy, maintain, and arrange to have you named as loss payee, as agreed above, 1 understand and agree: 1. You may, but are not required to, purchase insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company I might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium 1 might be required to pay for the insurance I have agreed to buy on this note. Default And Remedies - If I am in default, in addition to the remedies listed in the note portion of this document, you may (subject to any applicable notice and cure period): 1. Pay taxes or other charges, or purchase any required insurance, if I fail to do these things (but you are not required to do so). You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect on this note until paid in full; 2. Require me to gather the Property and any related records and make it available to you in a reasonable fashion; 3. Use any other remedy allowed by law. I agree that when you must give notice to me of your intended sale or disposition of the Property, the notice is reasonable it it is sent to me at my last known address by first class mail 10 days before the intended sale or disposition. 1 agree to inform you in writing of any change in my address. Fling - A copy of this security agreement may be used as a financing statement when allowed by law. 0 1937 Bankers Systems, Inc., St. Cloud, MN Form rC-51-ON-PA 8119f98 (pope 2 or 21 fill j, I ?, [11 ;1 Vlo NO R• ATE= OF TITLE FOR A VEH_I;C r:e••?,{{ f '•I 1' rj I, tt\T n ?'' r ? e C XVIA•EM3. 110"I;li•'1.3 i'[I!77 I F t f i"iHfl[lf) i Sq?`4409 E{1'Ifl,' t,fl 'E' ; •II: Mil I :::•? i I ry/14/(]L{ F)EI''MPT? ? ?r :I 11•': l 11 :I ; . 1 , I binl. ?' feN111 :1.f.. . + ' 'e a I? ¦111'. i?41/E)Il ? ...::w/;14/U1:. I :. I ? ? .. ,I :=,I t 1•A I: n'11.. "1 • u14 C. I?.. I I!•: . .All ::l t.:9? . . . x_.11. 5'. ? I Y'R+? I I .. I •'J.l? . 1 i•., ti,• i 4' G' ,,? t, ? u; J •' : I bra '.r r:.1: :, :.., •? I S .C' I' I Krl,: '_ ?I: ••' ' 'F I'4+•. i {Iql '11 ?. B .A. V.!:.;."IaC, ;,N, •+'..! tern. :. `„ 1. a':IM::I:x.rttr; :ilk ?.. R•D E?TI:R `'Di• ?•? " ,.:'? eN?:, IAMyY:@I?lfA•Y."::..,,, !? :nU H LLUSURE B;Yr+f'?DCRA[ 1. 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Y:If,:.•trw-W11AW (l r,, I Jra? 11 ,1:1M:III '• ± f •: ,• ..• ?•' CD 1,(,,!,^ •.1•Y' •,?{{, 1:?,• N .TI IT l' .??: `. ' 4 ?' M;y; EC ?r [1, ?Wu9'.?• - . 4 /,1f:rY11V:Y IM" \9 Y.. • ?'. 1/,. .' _ .N} • is -••_ .C = •.4?? :•.ir?J?t Icy EXHIBIT 1:1! ?'„•:: ?::Yj S 1:1 111 I 1• v: Q INAWIJU NhI111'IM NI hIIYAla 11 ( ';., ??, ?kC ?p4y+?1••'e i. rrr.-rmr.1m !!•" pf:4+!!?R®!^hl' RaI?F* r? P11N_ hiVl?' I::r l ti j '!;?Ir1?f???+q1 ?:1?.?[J? 1:/11:1•?'Li •r1 I?1114A VERIFICATION I, Jeffrey A. Goodrich, Collection Supervisor of Tammac Corporation, have the authority to make this verification on its behalf. The statements contained in the foregoing motion are true and correct to the best of my knowledge or information and belief. I understand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. J0f 4oof ich, Collection Supervisor 527228.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 TAMMAC CORPORATION, : - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW JOHN W. GOLDEN and REPLEVIN CARRIE A. GOLDEN, Defendants NO. 02- BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation ("Tammac") by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby submits its brief in support of plaintiff's motion for writ of seizure against the defendants as follows: 1. HISTORY OF THE CASE Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at The Arena Business Hub, 275 Mundy Street, Wilkes-Barre, Luzerne County, PA 527231.1 On or about July 15, 2001, the Goldens were the owners of a 2000 Fleetwood manufactured home bearing VIN VAFLX19ABO3009HE13 (the "Collateral"). On or about July 15, 2001, Tammac made a loan to the Goldens in the amount of $42,582.50, as evidenced by a simple interest note, disclosure and security agreement (the "Note"). (A true and correct copy of the Note is attached to the motion as Exhibit "A" and incorporated herein by reference.) In order to induce Tammac to make the aforesaid loan, the Goldens granted Tammac a security interest in the Collateral, as further evidenced by the Certificate of Title. (A true and correct copy of the Certificate of Title is attached to the motion as Exhibit "B" and incorporated herein by reference.) The Note was not assigned. The Goldens defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. The Goldens are due for their August 18, 2002 payment. Upon information and belief, the fair market value of the Collateral is $26,803.39. Tammac believes and therefore avers that the defendants have possession of the Collateral. The Goldens have failed and refused, despite repeated demands by Tammac, to pay the balance due under the Note or to deliver possession of the Collateral to Tammac. The balance of the Note as of November 1, 2002, was $44,076.16, consisting of principal in the amount of $42,336.66 and accrued interest in the amount of $1,904.34, minus a suspense payment in the amount of $164.84, exclusive of attorneys' fees and costs. II. STATEMENT OF THE QUESTION INVOLVED WHETHER THE PLAINTIFF IS ENTITLED TO POSSESSION OF THE COLLATERAL WIIEN THE DEFENDANT HAS DEFAULTED UNDER THE TERMS OF THE NOTE? HI. ARGUMENT 527231.1 2 II. STATEMENT OF THE QUESTION INVOLVED WHETHERTHE PLAINTIFF IS ENTITLED TO POSSESSION OF THE COLLATERAL WHEN THE DEFENDANT HAS DEFAULTED UNDER THE TERMS OF THE NOTE? III. ARGUMENT Pa.R.Civ.P. No. 1075.1 sets forth the procedure for the issuance of a prejudgment writ of seizure after notice and hearing which is designed to be in accordance with the due process requirements enumerated in Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556, reh. den., 409 U.S. 902, 93 S.Ct. 177, 34 L.Ed.2d 165 (1972). The procedure set forth in Pa.R.Civ.P. No. 1075.1 is one of two means for obtaining the remedy of a prejudgment seizure of property in a replevin action. In appropriate cases, the plaintiff may cause a writ of seizure to be issued ex parte with notice and a hearing postponed until after the property is seized. See Pa.R.Civ.P. No. 1075.2. To invoke the remedy of a prejudgment seizure of property in a replevin action after notice and a hearing, the plaintiff must file a motion for writ of seizure. See Pa.R.Civ.P. No. 1075.1(a). The plaintiff may move for the issuance of a writ of seizure after the complaint has been filed, whether or not the complaint has been served. Pa.R.Civ:P. No.-1075.1(a). Upon the filing of the motion for issuance of a writ of seizure, the court must fix the date and time for a hearing on the motion. See Pa.R.Civ.P. No. 1075.1(a). A hearing on a motion for a writ of seizure of the property in a replevin action must be held whether or not the defendant or other person found in possession of the property appears. See Pa.R.Civ.P. No. 1075.1(e); see also E uico Lessors Inc. v. Ewing, 281 Pa. Super. 147, 152, 421 A.2d 1190, 1193 (1980) (holding that prima 527231.1 3 facie right established by testimony of plaintiffs employees that property was deteriorating and in jeopardy). Pursuant to Pa.R.Civ.P. No. 1075.1(e), the court must initially make a determination at the hearing whether the notice required by Pa.R.Civ.P. 1075, or a reasonable attempt to give notice has been made. See 4 Goodrich Amram 2d § 1075.1(e): I (1991). If the court is satisfied that the notice requirements of Pa.R.Civ.P. No. 1075 have been met, the court must determine from the complaint, affidavits, testimony, admissions, or other evidence which may be received whether the plaintiff has - established the probable validity of his claim and, if so, the court may order a writ of seizure to be issued upon the filing of a bond as provided by the Pennsylvania Rules of Civil Procedure. See 4 Goodrich Amram 2d § 1075.1(e):1. The rule does not mandate any particular form of hearing on the motion for a writ of seizure. It seems that all that is required is an opportunity for the plaintiff to show that the action is free of fraud, accident, or mistake, and that there is a probability that he or she may sustain his right to possession of the property. See 4 Goodrich Amram 2d § 1075.1(e):1 (1991). The hearing is not for the purpose of making a final determination on the merits of the plaintiffs claimed right to possession of the property, but merely for determining whether the plaintiff has a probable right to possession. See Hamilton Bank v. Seiaer, 22 D&C 3d 534, 537 (1982). Except where the sheriff is authorized by the plaintiff to leave the subject property in a replevin action with the defendant or any other person found in possession, the Pennsylvania Rules 527231.1 4 of Civil Procedure require the sheriff, upon service of the writ of seizure, to take possession of the subject property. See Pa.R.Civ.P. No. 1075.4(a); see also Mayer v. Chelten Ave. Bldg. Corp., 321 Pa. 193, 196, 183 A. 773, 774 (1936); General Motors Acceptance Corp. v. Burns, 25 D&C 2d 293, 296-300 (1961). Additionally, the form of the writ of seizure prescribed by the Pennsylvania Rules of Civil Procedure specifically directs the sheriff to seize the subject property. See Pa.R.Civ.P. No. 1354. Furthermore, it has been held that even a defendant who is properly in possession of the subject property by virtue of a valid lien is obligated to surrender possession to the sheriff. See Mitchell v. McKinnis, 284 Pa. Super. 469, 473, 426 A.2d 142,144 (1981) (noting that the defendant had no right to give a counter-bond and keep possession since his lien was fully protected by the plaintiff s bond). The sheriff must take physical possession of the property. The sheriff has the right to enter the defendant's house for the purpose of searching for the goods, provided that in so doing he does not exceed the limits prescribed by the law. See Kneas v. Fitler, 2 Serg & R 263, 264 (Pa. 1816); Mayer, 321 Pa. at 196, 183 A. at 774. The sheriff has the right to enter a door already opened and may even be authorized to break open doors and enter by force in order to execute the writ of seizure. See Commonwealth v. Temple, 38 D&C 2d 120, 127 (1965). However, the sheriff may use no more force than necessary and must exercise due care. See Mayer, 321 Pa. at 196, 183 A. at 774. The burden is upon the plaintiff in a replevin action to establish every material element of his case upon which an issue is raised under his pleadings. Blossom Prods. Corp. v. National Underwear Co., 325 Pa. 383, 387, 191 A.40, 42 (1937). The plaintiff must establish his right to 527231.1 5 possession of the subject property by a preponderance of the evidence. See Petition of Allstate Ins. Co., 289 Pa. Super. 329, 333,433 A.2d 91, 93 (1981). A claimant who asserts a lien and a right to possession until the lien is discharged is not required to prove a title in addition to the right of possession. See Griffin v. Keefer, 30 Dauph. Co. Rep. 315, 317 (1927). Once the plaintiff establishes his right to possession, the burden of proof shifts to the defendant to prove his right to retain possession. See Petition of Allstate, 289 Pa. Super. at 333, 433 A.2d at 93; Carroll v. Godding, 155 Pa. Super. 490,492, 38 A.2d 720, 721 (1944); Johnson v. Staples, 135 Pa. Super. 274, 280, 5 A.2d 433, 436 (1939). IV. CONCLUSION In light of the foregoing, the plaintiff prays this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the Collateral. Respectfully submitted, 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: ,VJfe?' ) ?'- 19 2002 HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 527231.1 6 TAMMAC CORPORATION, Plaintiff vs. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants ORDER S}' And now, this day of f`- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL, ACTION - LAW REPLEVIN NO. 02- 5638 Civil Term 2004, at o'clock R-M., it is hereby ordered that there will be a hearing on the plaintiffs motion for writ of seizure, on the day of ,2964, at 2:3 'clock, .m., at the Cumberland County Courthouse, Carlisle, PA, Cou Room ?. BY THE COURT 1,51 J. 639465.1 NOV 2 4 7nN HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T Shoemaker, Esquire IDENTIFICATION NO. 63871 LAW OFFICES 600 Third Avenue Kingston, PA 18701 (570) 287-3000 TAMMAC CORPORATION, ATTORNEY FOR PLaintiff k.7 3 - e L? ^ 1 l.J L`?l 1 I .. j (j 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW JOHN W. GOLDEN and REPLEVIN CARRIE A. GOLDEN, Defendants NO. 02- 5638 Civil Term PETITION TO REQUEST HEARING The plaintiff, Tammac Corporation, by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby petitions that the hearing on the plaintiff's motion for writ of seizure be re-scheduled. 1. This matter was scheduled for a hearing on February 26, 2003. 2. On February 21, 2003 the defendants filed for bankruptcy under Chapter 13, Case No. 03-00952, thereby staying the hearing on the plaintiff's motion for writ of seizure. 639462.1 3. The plaintiff obtain relief from automatic stay pursuant to an Order dated November 5, 2004, a copy of which is attached to this petition as Exhibit "1" and incorporated herein by reference. WHEREFORE, the plaintiff requests this Court to schedule a hearing on its motion for writ of seizure. 600 Third Avenue Kingston, PA 18704 Telephone: 570-287-3000 Facsimile: 570-287-8005 Dated: November 18, 2004 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esq. Counsel for the plaintiff, Tammac Corporation 639462.1 2 r UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: NO. 1-03-00952 (MDF) JOHN W. GOLDEN and CARRIE A. GOLDEN, Debtors CHAPTER 13 TAMMAC CORPORATION, Movant VS. JOHN W. GOLDEN and CARRIE A. GOLDEN and CHARLES J. DeHART, III, ESQUIRE, TRUSTEE; Respondents ORDER AND NOW, this? day of , 2004, it is hereby ORDERED that, upon certification of default under the terms of the Stipulation entered into by and between debtors and the movant, which was approved by the Court on July 19, 2004, the automatic stay imposed by i I U.S.C. §362 is hereby lifted with respect to this bankruptcy and any later bankruptcy or conversion filed by or against the debtors to permit movant to proceed to exercise any rights granted to it by state law in debtors' manufactured home as set forth in the motion. BY THE COURT: t J. HARRiSBURG t 2 }.- . 1 r• Now 5 637109.1 Cork, U.S. Bankruptcy Court EXHIBIT -1 rte..... .., .? n ? O r ? "; ? --?t -?_ -gym ?`?' ? _? C:. GJ ? . CJl '3 :, ,?, TAMMAC CORPORATION, Plaintiff VS. JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 02- 5638 Civil Term AND NOW, this S tc day of January, 2005, ata A-0 o'clock -r-m., it is hereby ORDERED AND DECREED: (1) that the Prothonotary issue a writ of seizure to the Sheriff of Cumberland County directing the Sheriff to seize the defendants' 2000 Fleetwood manufactured home bearing VIN VAFLX19AB03009HE13, as well as any and all appliances, furniture and equipment sold with the mobile home, all property whether now or hereafter attached to the manufactured home, and all proceeds of the foregoing, including insurance; and (2) the plaintiff shall file a bond in the amount of $60,000.00 with surety approved by the Prothonotary, naming the Commonwealth of Pennsylvania as obligee, conditioned that, if the plaintiff fails to maintain its right to possession of the property, it shall pay to the party entitled thereto the value of the property and all legal costs, fees and damages sustained by reason of the issuance of the writ of seizure. cc: Geoffrey Berringer, Esquire James T. Shoemaker, Esquire _ 644957.1 r.L0 T)XT TT TT t'1-%T TTl T_ Him -Om CA) TI ' MiC -_ c_ cv cJ HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 TAMMAC CORPORATION, VS. Plaintiff JOHN W. GOLDEN and CARRIE A. GOLDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 02- 5638 Civil Term PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO: Prothonotary Kindly discontinue the plaintiff's action in the above-referenced matter without prejudice. Thank you. Respectfully submitted, HOURIGAN-,-KLUGER & QUINN, P.C. 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: September 29, 2008 J By. James hoemaker, Esquire Id No: 63871 Counsel for the plaintiff, Tammac Corporation 837840.1 v cn 3 ;"'?: ?? "':y"' ?X *, ; w' ? ?" ..,,?' ?.$ i -'?