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HomeMy WebLinkAbout07-0545HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS CUMBERLAND COUNTY CORPORATION, Plaintiff vs. CIVIL ACTION - LAW REBECCA E. WELLER, REPLEVIN Defendant NO. Q"j ? Sys ? ?V ? L 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 753152.1 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 -or- PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South St. Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: 1-717-238-6715) HOURIGAN, KLUGER & QUINN, P.C. BY: James T. Shoemaker, Esquire I.D. No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 753152.1 2 I January;t,? 2007 Rebecca E. Weller 85 Cherry Lane Carlisle, PA 17015 RE: Account No.: 06-3623 Property Address: 85 Cherry Lane, Carlisle, PA 17015 IMPORTANT NOTICE THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. UNLESS YOU, WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, IT WILL BE ASSUMED TO BE VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN (30) DAYS THAT THIS DEBT, OR ANY PORTION THEREOF IS DISPUTED, WE WILL OBTAIN AND FORWARD TO YOU A VERIFICATION OF THE DEBT OR THE JUDGMENT AGAINST YOU. WE WILL ALSO PROVIDE, UPON WRITTEN REQUEST WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. Very truly yours, James T. Shoemaker THIS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD. 753153.1 I HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS CUMBERLAND COUNTY CORPORATION, Plaintiff vs. CIVIL ACTION - LAW REBECCA E. WELLER, REPLEVIN Defendant NO. 07 - e*,0?cTee?7q COMPLAINT The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Gunner R. Gunderson ("Ms. Weller"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 2. Ms. Weller is an adult individual having a last known address of 85 Cherry Lane, Carlisle, PA 17015. 3. On or about July 28, 2006, Ms. Weller was the owner of a 1999 Fleetwood mobile home bearing VIN PAFLW22AB44304SK13 (the "Collateral"). 753150.1 4. On or about July 28, 2006, Tammac made a loan to Ms. Weller in amount of $38,012.50, as evidenced by a note dated July 28, 2006 (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 Tammar, to make the aforesaid loan, Ms. Weller granted Tammac a security interest in the Collateral, as 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, except that Tammac is the successor in interest to Tammac Corporation. 7. Ms. Weller defaulted by failing to make monthly payments of principal and interest due under the Note. 8. Ms. Weller is due for her October 18, 2006 payment. 9. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Ms. Weller under the Note. 10. Tammac believes and therefore avers that Ms. Weller has possession of the Collateral. 11. Ms. Weller has 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 January 19, 2007 was $39,735.41, consisting of principal in the amount of $37,961.38, accrued interest in the amount of $1,754.91, and late charges in the amount of $20.02, less a partial payment of $.90, exclusive of attorneys' fees and costs. 753150.1 2 WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Ms. Weller in the amount of $39,735.41, plus interest from January 19, 2007, 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. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: January 15, 2007 753150.1 VERIFICATION I, Samuel Marsola, hereby certify that I am a Collections Manager with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I 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 understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ,Samuel Marsola 753157.1 Borrower(s) Rebecca E Weller 85 Cherry Lane Carlisle, PA 17013 "I" means each Borrower above, jointly and severally Lender Tammac Holdings Corporation 100 Commerce Blvd. Wilkes-Barre, PA 18702 "You" means the Lender, its successors and assigns. Date 7/28/2006 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: Thirty-eight thousand twelve and 50/100 Dollars $ 38012.50 plus interest from 7/28/2006 at the rate of 15 % per year until 7/28/2026 ? Post Maturity Interest - After maturity the unpaid balance of principal will earn interest at the rate of % per year. ? Additional Finance Charge - I also agree to pay a nonrefundable fee of $ and it will be ? paid in cash. ? withheld from 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 I make a payment with a check that is dishonored. This Loan Made Under - ? This loan is secured by , dated 7/28/2006 ® Security Agreement - I give you a security interest in the Property described below. The rights 1 am giving you in this Property and the obligations this agreement secures are defined on page 3 of this agreement. 1998 44' X 24' Fleetwood 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. 16.22 % $ 84592.00 $ 35540.00 $ 120132.00 My Payment Schedule will be: Number of Payments: Amount of Payments: When Payments are Due: 240 500.55 Beginning 8/28/2006 and on the 28th of each successive month thereafter. Security - I am giving a security interest in: ? (description of other property) ® the Goods or Property being purchased. 85 Cherry Lane Carlisle PA 17013 ? Collateral securing other loans with you may also secure this loan. ® Late Charge - I agree to pay a late charge equal to 2 % 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 R cannot assume this loan on its original terms. 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. U 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 required 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 me (if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Life - ? Single E] Joint Insured Credit Disability -E:] Single M Joint Credit Unemployment - ? Single El Insured Joint Insured Premium S Term Premium $ Term Premium $ Term Name of Insurance Company My signature below means I want (only) the insurance coveragels) quoted above. If none are quoted, I have declined all coverages you offered. x D.0.B.4/22/1967 x D.O.B. x D.O.B. X D.O.B. © 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 3114/2002 1 A (page 1 of 3) Itemization of Amount Financed Kmount paid to me directly $ 0-00 Amount paid on my account S Amounts paid to others on my behalf" To insurance companies $ 1110.00 To public officials - filing fees only S To public officials - other than filing fees $ Amount r>d on your behalf $ 35540.00 Buydown $ Additional Finance Fees $ 1362.50 S $ (Minus) Prepaid Finance Charge $ 2472.50 Amount Financed $ 35540.00 "You may retain or receive a portion of these amounts. ® Property Ir nce - Property insurance is required. I may obtain property insuran,a from anyone I want that is acceptable to you. If 1 get the insurance from or through you, 1 will pay $ 1110 - 00 for three years of coverage. Insurance Commissions - I understand and agree that any insurance premiums paid to insurance companies as part of this loan will involve money retained by you or paid back to you as commissions or other remuneration. ADDITIONAL TERMS OF THE NOTE Definitions - "I," "me" or "my" means each Borrower who signs this note and each other person or legal entity (including 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. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this note, you do so for your sole benefit. Name and Location - My name and address indicated on page 1 are my exact legal name and my principal residence. I will provide you with at least 30 days notice prior to changing my name or principal residence. Commissions or Other Remuneration - I understand and agree that some payments to third parties as part of this loan may involve money retained by you or paid back to you as commissions or other remuneration. 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. 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 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 - 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 (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. 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. 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 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. Purchase Money Loan - 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, (2) you received two notices in the prior one-year period, or (3) other extreme circumstances exist. Q 1997 Bankers Systems, Inc., St. Cloud, IAN Farm FC-SI-DN-PA 3/14/2002 (page 2 of 3) ADDITIONAL TERMS OF THE SECURITY AC-- --tMENT " Secured Obligations - This security agreement secures this loan (including all extensions, renewals, refinancings and modifications) and any other debt I have with you now or later. Property described in this security agreement will not secure other such debts if and to the extent the t property: 1, constitutes my principal residence; or 2. is household goods. This security agreement will last until it is discharged in writing. For the sole purpose of determining the extent of a purchase money security interest arising under this security agreement: 1. Payments on any nonpurchase money loan also secured by this 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 first to the nonpurchase money portion of the loan, if any, and then to the purchase money obligations in the order in which the items were 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 all 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 general description. Property also means all benefits that arise from the described Property (including all proceeds, insurance benefits, payments from others, interest, dividends, stock splits and voting rights). It also means property that now or later is attached to, is a part of, or results from the Property, and all supporting obligations. "Proceeds" includes anything acquired on the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising out of the Property; and any collections and distributions on account of the 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. I will not do anything to harm your position. 1 will keep the Property in my possession (except if pledged and delivered to you). I will keep it in good repair and use it only for its intended purposes. I will keep it at my address unless we agree otherwise in writing. 1 will not try to sell or transfer the Property, or permit the Property to become attached to any real estate, without your written consent. I will 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. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. Insurance - I agree to buy insurance on the Property against the risks and for the amounts you reasonably require. In addition: 1. 1 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 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 if 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. Perfection of Security Interest - I authorize you to file a financing statement covering the Property. I agree to comply with and facilitate your requests in connection with obtaining possession of or control over the Property until this security agreement is terminated. I agree to pay all actual costs of terminating your security interest. Signatures - I agree to the terms on pages 1, 2 and 3 of this agreement. 1 hav!yjr&L ved a copy of this document on today's date. f,0 GNERS SEE SEPARATE NOTICE BEFORE SIGNING. Signature Signature Signature p 1997 Bankers Systems, Inc., St. Cloud, MN Form FC-SI-DN-PA 3/14/2002 (page 3 07 3) UAimr IeEE"1 G>-t TIFICA710N NUMBER. I rtAr1FVr, I ?` 1?01; EXEMPT . - ] PE C1 .. DUP: S ? SEAT CAP ? ? PRIOR TITLE STATE ? f ODOM PROCD. DATE. ? ,. OOOM MILES ? ODOM STATUS r R n cri" ,id_Ilfi?. ?. ?nATF OF ISSUE a• •.. ,...,..,., UNLADEN WEIGHT ,VWR GCWR ..: TITLE BRANDS 1 ;.ODOMETER DISCLOSURE ERAL. LAW REGISTERED OWNER(S); t ? ? h¢ REBECCA E WELLER rtr?,t"3ntu ---- $ CHARY LN CrIRLISLE PA 17015 FIE' T'. EN F4 ' H OF SFCOND LIEN FAVOR OF: LI TAMMAC HaLDINGS fbRPPRATfON _W TWT V / CD if a secord lenhdder i4.: listed upon satisfaction of the first lien, the first tienlhoWef must forward this Tide to the BureatN of Motor vehicles with the I FIPSJLf NFELEASED :appro4 etonn and lee. DATE By. SECOND LIEN RELEASED AUTHORIZED REPRESENTATIVE t DATE MAILING ADDRESS Y - BV at 8001 AUTHORIZED REPRESENTATIVE TAMMAC HOLDINGS CORPORATION 100 COMMERCE BLVD WILKES BARRE PA 18702 ALLEN D BIEHLER I carBN as of the date of iaeus, the official records of the Pennsylvania Department of Transportation reflect that the person(s) or company named herein Is the lawful owner • ofthe said vehicle. Secretary of Tfaiawinudoo >?CISED AND SWORN if a ai purchaser other then your spouse Is listed and you want,the P be Iisled as %Wrtt Tenants With Right of S Ivgrship' (0n death 1 ate: Dav„ daggeSfo;Survivingowner.)CHEC, HE$E©..{}tllervi(sa(i wid issued as `Tenants in Common" (On death of one oV/ner, Intl dect5 ed owner goes to his/her heirs or estate). SIGNATURE OF PERSON ADMINISTERING OATH .. A , DATE. 1ST I ?J IST LIENHOLDER - STREq CITY IF THIt"iS AN FIT, CHECK HERE NOTE: FIN REQUIRED FI IN .. 2ND. LlIfN DATE. euim ror. CeNficve a Ti" io n,e ?o esscrmee ?ti..r.?.r r»wy . y.>.., ciw.7 .. nr K:,. breves ?,d. Dine. iegN cw?e .er r«irt hers. 2ND UPHOLDER _ 1 STREET Sti411T1 IE Of APFUOANT OeAiJ1HaRREO SIGNER CITY r f v - - - IF TH13'1$.AN ELT, CHECK HERE FI -? IF NO LIM CHECK Li STATE - ZIP WGIAL RTUTFON f:0 d IF NO LIEN CHECK STATE ZIP _ Cy r O 1-? C? c- rv 0 r? Q -TI r HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS CUMBERLAND COUNTY CORPORATION, Plaintiff vs. CIVIL ACTION - LAW REBECCA E. WELLER, REPLEVIN Defendant NO. Orr PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation, 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 defendant, Rebecca E. Weller, as follows: On even date herewith, the plaintiff is filing a complaint in replevin against the defendant. (A true and correct copy of plaintiff's complaint in replevin is attached hereto pursuant to Pa.R.C.P. No. 1075.1(b), incorporated herein by reference pursuant to Pa.R.C.P. No. 1019(g) and marked as Exhibit 1.") 753154.1 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. 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: January 2S 2007 BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation 753154.1 2 VERIFICATION I, Samuel Marsola, hereby certify that I am a Collections Mangerl with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I 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 made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Samuel Marsola 753156.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. REBECCA E. WELLER, Defendant NO. COMPLAINT REPLEVIN The plaintiff, Tammac Corporation, now by assignment, Tammac Holdings Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendant, Gunner R. Gunderson ("Ms. Weller"), as follows: 1. Tammac is a corporation conducting business in the Commonwealth of Pennsylvania, having an office located at 100 Commerce Boulevard, Suite 200, Wilkes-Barre, PA 18702. 2. Ms. Weller is an adult individual having a last known address of 85 Cherry Lane, Carlisle, PA 17015. 3. On or about July 28, 2006, Ms. Weller was the owner of a 1999 Fleetwood mobile home bearing VIN PAFLW22AB44304SK13 (the "Collateral'). 753150.1 1\ CIVIL ACTION - LAW I 4. On or about July 28, 2006, Tammac made a loan to Ms. Weller in amount of $38,012.50, as evidenced by a note dated July 28, 2006 (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 Tammar, to make the aforesaid loan, Ms. Weller granted Tammac a security interest in the Collateral, as 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, except that Tammac is the successor in interest to Tammac Corporation. 7. Ms. Weller defaulted by failing to make monthly payments of principal and interest due under the Note. 8. Ms. Weller is due for her October 18, 2006 payment. 9. The fair market value of the Collateral is unknown, but is believed to be less than the amount due and owing Tammac by Ms. Weller under the Note. 10. Tammac believes and therefore avers that Ms. Weller has possession of the Collateral. 11. Ms. Weller has 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 January 19, 2007 was $39,735.41, consisting of principal in the amount of $37,961.38, accrued interest in the amount of $1,754.91, and late charges in the amount of $20.02, less a partial payment of $.90, exclusive of attorneys' fees and costs. 753150.1 2 WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against Ms. Weller in the amount of $39,735.41, plus interest from January 19, 2007, 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. BY: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Holdings Corporation 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 287-8005 Facsimile Dated: January7-S, 2007 753150.1 VERIFICATION I, Samuel Marsola, hereby certify that I am a Collections Manager with Tammac Corporation, now by assignment, Tammac Holdings Corporation. I 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 understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. zolz amuel Marsola 753157.1 ? hJ i f7Z T ?' ltJ _ 3. t TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS CUMBERLAND COUNTY CORPORATION, ON S 0 2U0e Plaintiff vs. CIVIL ACTION - LAW REBECCA E. WELLER, REPLEVIN Defendant NO. 0t7 - .qS l V l.l, ORDER AND NOW, this 3151 day of q Zrl , 2007, at I b'. TS o'clock _p_.m., it is hereby ordered that there will be a hearing on the plaintiff's motion for writ of seizure, on the 1?7 day of , 200,, at / -'30 o'clock, 4-.m., at the Cumberland -MA? County Courthouse, One Courthouse Square, Carlisle, PA, Court Room #--I-. BY THE COURT: 11 J. sc: Rebecca E. Weller James T. Shoemaker, Esquire 753151.1 J. -1 Dl -all HOURIGAN, KLUGER a QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (5701287-3000 TAMMAC CORPORATION, now by IN THE COURT OF COMMON PLEAS assignment, TAMMAC HOLDINGS CUMBERLAND COUNTY CORPORATION, Plaintiff VS. CIVIL ACTION - LAW REBECCA E. WELLER, REPLEVIN Defendant : NO. 07-545 Civil PRAECIPE TO DISCOrtTINUE CASE WITHOUT PREJUDICE TO: Prothonotary Kindly discontinue the plaintiffs action in the above-referenced matter without prejudice. Thank you. xuy wnmaea. HOURI UGER dt ?, P.C. T. Id No 63871 ' Esquire Counsel for the plaintiff 600 Third Avenue Kingston, PA 18704 (570) 287-3000 Telephone (570) 28741005 Facsimile Dated: February 7, 2007 755475.1 ?? ? ?.? ;N_ ? _?,? ?? .._ ?_ `. _ - ?; s- N ?_{ '.`::'f . , ? ?„ '.? TAMMAC CORPORATION, now by assignment, TAMMAC HOLDINGS CORPORATION, Plaintiff V. REBECCA W. WELLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-545 CIVIL TERM ORDER OF COURT AND NOW, this 12`h day of February, 2007, upon consideration of the Praecipe To Discontinue Case without Prejudice filed in the above-captioned matter on February 7, 2007, the hearing scheduled for April 12, 2007, on Plaintiff's Motion for Writ of Seizure is cancelled. BY THE COURT, dames T. Shoemaker, Esq. 600 Third Avenue Kingston, PA 18704 Attorney for Plaintiff /ebecca E. Weller 85 Cherry Lane Carlisle, PA 17013 Defendant, pro Se rc VINVATASINN3d ;Nno 99 OI Nn Z 183.E LOOZ AUb'iQNOHl-,f)CJ 3HI AO SHERIFF'S RETURN - REGULAR CASE NO: 2007-00545 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION ET AL VS WELLER REBECCA E WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon WELLER REBECCA E DEFENDANT at 85 CHERRY LANE the at 1012:00 HOURS, on the 9th day of February-, 2007 CARLISLE, PA 17013 REBECCA WELLER by handing to a true and attested copy of COMPLAINT - REPLEVIN MOTION FOR WRIT OF SEIZURE, BRIEF & ORDER together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.40 .00 10.00 .00 32.40 a•?5 ? Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/12/2007 HOURIGAN KLUGER QUINN By: ?X. Deputy Sheriff of A. D.