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Home My WebLink About03-07486. 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 ATTORNEY FOR PLAINTIFF FAMMAC CORPORATION, Plaintiff vs. BRIAN K. HILL and YVONETTE A. HILL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 03- v Civil Term NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 538497.1 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 COURT ADMINISTRATOR Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 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) 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 538497.1 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, IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants NO. 03- MCivil Term COMPLAINT The plaintiff, Tammac Corporation ("Tammac"), by and through its counsel, Hourigan, Kluger & Quinn P.C., hereby complains against the defendants, Brian K. Hill and Yvonette A. Hill (the "Hills"), as follows: 1. 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. 2. The Hills are both adult individuals having a last known address of Indian Springs Manor, 4 Apache Drive, Shippensburg, Cumberland County, PA, 17057. 538502.1 3. On or about October 21, 1999, the Hills were the owners of a 1999 Fleetwood manufactured home bearing VIN VAFLW19A51023WG13 (the "Collateral"). 4. On or about October 21, 1995, Tammac made a loan to the Hills in the amount of $36,797.50, 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 Hills 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 Hills defaulted under the terms of the Note by failing to make monthly payments of principal and interest due under the Note. 8. The Hills are due for their September 21, 2002, payment. 9. Upon information and belief, the fair market value of the Collateral is $24,651.29. 10. Tammac believes and therefore avers that the Hills have possession of the Collateral. 11. The Hills 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. 538502.1 2 12. The balance of the Note as of January 17, 2003, was $38,490.51, consisting of principal in the amount of $36,134.61 and accrued interest in the amount of $2,255.90, and late charges in the amount of $100.00, exclusive of attorneys' fees and costs. WHEREFORE, Tammac demands judgment in replevin in favor of Tammac and against the Hills in the amount of $38,490.51, plus interest from January 17, 2003, 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 Corporation 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 Facsimile (570) 287-8005 r} Dated: ??7lw?GH 12- 2003 538502.1 3 TAMMAC CORPORATION - ?" - - 275 MMY STREET BRIAN K HTi.T ` ? WILKES-BARRE;' "PA 18702 ' LENDER'S NAME AND ADDRESS : -? "S)3 $ ., . ' ' 05T You means the Lender. Its successo? and asslflns,,, 22 TERMS FOLLOWING A APPL'1``QNL'Y NOTE-;Farveluerecelv1 ^?NTNE ? ":':. ptijs to gt tr C+f BER y ADDITIONAL'FINANCEtCHARGE=;also ? a.. ?e, PAYNENT ?'pay note as. f b ?? •S . -. y Qr r fig, dYv. Us: 4?1 4 '?S`; yer ?t.r ,.. •Jc., .'`,r ;y?,,; - fib) ? ?hls' t' E lH[ FFar 4 MIN ?- Mo *T rep tq, a more than r•.: days aRe f it to du y am unt - o ?S ^ . SECU ?. « T ..! . ai y ? F !Si<A 32?: 3wyPaymi.! So jdY[f !?p4Et sN?rtbM+{tii2ey4Nrq? £. ?; - "?v .10011 . ' . ,s,•r s.w + aC ,? er6e S _tWn . [nY9epoalt, CCgHniaand gtlj S ?•- j . ? !lam sk .:: . '!? ,1f? f[thls note, ? Hwy nt ?? ? ? ?, tfljpaY ffihis note early wi0ip ere}und'. ® LabCharWl.wllkbe- - ?ar ed: l .. p e aterG,9 v WZf,? `N ?• orb • ? kT Ftt Y ^ 'i? ?u4lP aExje,b ?IRgI?I{L f'9k ` c f?YrocuiMnta for 1 84auf'1i rir>p; c...- - C,gEDIT:?NS?I,?`?f9 kli}a. Ina . - raqutFad'to'oWa ?t?,u'rioT.be`pro' additional co ts S ? ? - ' `?. penaltlea: s ao Notice of proposed D insurance on pace z - h t<P QD AMO f '. , _ T YPe PremlunF'-?.M • Tai •' ME Y 4A0 0OgNjA Cr'edd Disabilitye`na?:>• 9= UNTS PAfpp O' ON p, Joint Credit Life - - w... fi; ? ? to oleo i , • 7t91.00 FL __ D & , DoC Public Otlidala $ (fo Q; , 11,11:6111 l `--' do do rat ,yreit credk Ike ' su f"' 0 C , want aedtt dlsa - ?? j Msti°-' r ' rr ?cr- l doL'f_do not went joint credi l t ' ., t l nsurance a 9.,. . 1 do `a'do iiot want X1 - s..DOB It .: pp? DOS Pg9P ' CFF,a may oWelri'prcpen}• - r t +• i able to you. ft j yetjQ" urance from or throuyfi'tyou yrst .? for FIVE. 3CEARg _ , o?coverape m, f u -5, x ; Is 4 SINGLE INTEREST INSURANCE - L. obt?.;?lgyle . inyy' one 1. wan,, that I$ "fable to may obtal you: k?l'Q y " Rnrs o jor tPgonaq EXHIBIT $ipned F ?i.- f. Title, ' ? SIMPLEINTERESTNOIE;.DISCLOSURE Q r SECAUR ' at ` F O teat, teen Basiawa gy y, lna - Clard M c. o m N D I-P , , N Form NDa3•SMA . ,? : PEN-END CREDIT OM90 10{2, .o ,? lW ;N -A 1N :: ?CJ1 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 understand that this verification is being made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. J fre A. ood ' h, Collection Supervisor 538508.1 !'?,, ??' (c. .._... , 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 BRIAN K. HILL and YVONETTE A. HILL, : Defendants ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 03- 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, Brian K. Hill and Yvonette A. Hill (the "Hills"), as follows: On even date herewith, Tammac is filing a complaint in replevin against the Hills. (A true and correct copy of Tammac's complaint in replevin is attached hereto pursuant to Pa. R.C.P. No. 1075.1(b), incorporated herein by referenced pursuant to Pa. R.C.P. No. 1019(g) and marked as Exhibit "l.") 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, KLUGE]k & QUINN, P.C. BY: - ?-. ames Shoemaker, squire ID No.: 63871 Counsel for the plaintiff, Tammac Corporation 600 Third Avenue Kingston, PA 18704 Telephone (570) 287-3000 FacsimiL- (570) 287-8005 Dated: rc,2 !Zh 17- , 2003 538572.1 0 FEB 1 l 2003 U TAMMAC CORPORATION, Plaintiff vs. BRIAN K. HILL and YVONETTE A. HILL Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN NO. 03- ` '4vi1 Term 03 " 7 `1 RULE AND NOW, this X d-day of , 2003, 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, Brian K. Hill and Yvonette A. Hill, 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 the -Aaday of , 2003, at , f ra. in Cry-?s?? ?? -? a , Cumberland County Courthouse, Carlisle, PA. A BY Tj4E COUR`P y - J. 538595.1 ViNTV MASNN9d LZ 8.3 33 CO W HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 ATTORNEY FOR PLAINTIFF TAMMAC CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. CIVIL ACTION - LAW BRIAN K. HILL and YVONETTE A. HILL, Defendants : NO. 03-748 Civil Term NOTICE OF HEARING FOR SEIZURE OF PROPERTY TO: Brian K. Hill Yvonette A. Hill Indian Springs Manor 4 Apache Drive Shippensburg, PA 17057 You are hereby notified that 1. Plaintiffhas commenced an action ofreplevin 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 February 27, 2003, is attached to this notice. 2. There will be hearing on this motion for writ of seizure on March 19, 2003, at 3:00 P.m., at the Cumberland County Courthouse, Carlisle, Pennsylvania, Court Room No. 3. 544029.1 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) 287-8005 Facsimile Dated: 2003 544029.1 REGULAR SHERIFF'S RETURN CASE NO: 2003-00'148 P PENNSYLVANIA . COMMONWEALTH OF COUNTY OF CUMBERLAND TAMMAC CORPORATION VS AL HILL BRIAN K ET Sheriff of Sheriff or Deputy according to law, CpL. TIMOTHY REITZ who being duly sworn County,Pennsylvania, Cumberland was served upon COMPLAINT & NOTICE the says, the within 2003 HILL BRIAN K on the 4t day of March DEFENDANT , at 2057:00 HOURS, 4 APACHE DRIVE at INDIAN SPRINGS MANOR by handing to SHIPPENSBURG, PA _- HILL, WIFE together with YVONETTE A true and attested copy of COMPLAINT & NOTICE a directing Her attention to the contents thereof. and at the same time di Sheriff's Costs: 18.00 Docketing 7.59 Service .00 Affidavit 10.00 Surcharge .00 35.59 Sworn and Subscribed to before me this =_- day o f Z,&-?3 A.D. l^ f --- rothonotary so Answers: R. Thomas Kline 03/05/2003 HOURIGAN KLUGER QUINN By: , /YZI D uty She ff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00748 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS HILL BRIAN K ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HILL YVONETTE A was served upon the DEFENDANT , at 2057:00 HOURS, on the 4th day of March 2003 at INDIAN SPRINGS MANOR 4 APACHE DRIVE SHIPPENSBURG, PA 17057 arc 1-1-- T TTTT r by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 1 V . VV Sworn and Subscribed to before me this day of ?1?t Q? a A.D. So Answers: R. Thomas Kline 03/05/2003 HOURIGAN KLUGER QUINN By: ??/, -?f 4e De ty Sherif rothonotary TAMMAC CORPORATION, PLAINTIFF V. BRIAN K. HILL AND YVONETTE A. HILL, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-0748 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2003, based on the bankruptcy filing by defendants, Brian K. Hill and Yvonette A. Hill, the hearing on the within motion for writ of seizure, IS CONTINUED GENERALLY. By the Edgar B. James T. Shoemaker, Esquire For Plaintiff James K. Jones, Esquire For Defendants 3-? :sal 1=r -ft ,I" West Group, Rochester, NY v..`:Aa FORM B1 United States Bankruptcy Court MIDDLE District of PENNSYLVANIA Name of Joint Debtor (Spouse)(Last, First, Middle): Name of Debtor (if individual, enter Last, First, Middle): HILL, YVONETTE A. HILL, BRIAN K. All Other Names used by the Joint Debtor in the last 6 years All Other Names used by the Debtor in the last 6 years (include married, maiden, and trade names): (include married, maiden, and trade names): NONE dba B.K.,S PROFESSIONAL PAINTING Soc. Sec./Tax I.D. No. (it more than one, state all): 159-60-3930 Street Address of Debtor (No. & Street, City, State & Zip Code): 4 APACHE DR. SHIPPENSBURG PA 17257 County of Residence or of the Principal Place of Business: CUMBERLAND Mailing Address of Debtor (if different from street address): SAME Location of Principal Assets of Business Debtor of different from street address above): NOT APPLICABLE SOC. SeC./TaX I. D. N0. (d more than one, state all): 178-54-6742 Street Address of Joint Debtor (No. & Street City, State & Zip Code): 4 APACHE DR. SHIPPENSBURG PA 17257 County of Residence or of the Principal Place of Business: Mailing Address of Joint Debtor SAME ('d different from street address): Venue (Check any applicable box) cipal place of business, or principal assets in this District for 180 days immediately ® or has had a residence, prin Debtor has been domiciled preceding the date of this petition or for a longer part of such 180 days than in any other District. ? There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. Sect-on of Bankruptcy Code Under Which Type of Debtor ® Individual(s) ? Corporation F1 Partnership El Other (Check all boxes that apply) Chapter or the Petition is Filed (Check one box) E] Railroad E] Stockbroker ? Chapter 7 ? Chapter 11 Chapter 13 ? Commodity Broker ? Chapter 9 ? Chapter 12 ? Clearing Bank ? Sec. 304 - Case ancillary to foreign proceeding Nature of Debts (Check one box) ® Consumer/Non-Business ? Business Chapter 11 Small Business (Check all boxes that apply) ? Debtor is a small business as defined in 11 U.S.C. § 101 ? Debtor is and elects to be considered a small business under 11 U.S.C. § 1121(e) (Optional) Statistical/Administrative Information (Estimates only) Filing Fee (Check one box) ® Full Filing Fee attached ? Filing Fee to be paid in installments (Applicable to individuals only) Must attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule 1006(b). See Official Form No. 3. ? Debtor estimates that funds will be available for distribution to unsecured creditors. ® Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. 1-15 16-49 50-99 10-199 200-999 1000-over Estimated Number of Creditors ® ? ? ? ? ? Estimated Assets 001 to $50,00,01 to 00 007 to $10 00 1 More than $0 to $50,01 to $100,001 to $50,01 to i , , , , $ illion $100 million $10 million $50 $10 million $50,00 $100,00 $500,00 on $1 mill m ? ® F1 ? El Estimated Debts 001 to $10,00,01 to $50,00,01 to 00 $1 More than $0 to $50,01 to $100,001 to $50,01 to illion $1 , , miillion illion $50 million $100 $10 million $10 $50,00 $100,00 $500,00 m ? m ? ® ? ? THIS SPACE IS FOR COURT USE ONLY _ - -if SHERIFF'S RETURN - REGULAR C ASE NO: 2003-00748 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS HILL BRIAN K ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon T.TTT.T. TZVTANT K the DEFENDANT , at 1822:00 HOURS, on the 10th day of March , 2003 at INDIAN SPRINGS MANOR 4 APACHE DRIVE SHIPPENSBURG, PA 17057 by handing to YVONETTE HILL ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE NOTICE OF HEARING FOR SEIZURE OF PROPERTY, RULE, BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR WRIT OF together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this AW day of J, 006 A.D. rQ h otary J So Answers: R. Thomas Kline 03/11/2003 HOURIGAN KLUGER QUINN By. Depu y Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00748 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC CORPORATION VS HILL BRIAN K ET AL BRYAN WARD . 2003 Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HILL YVONETTE A the DEFENDANT , at 1822:00 HOURS, on the 10th day of March at INDIAN SPRINGS MANOR 4 APACHE DRIVE SHIPPENSBURG, PA 17057 YVONETTE HILL Sheriff or Deputy Sheriff of by handing to a true and attested copy of COMPLAINT & NOTICE NOTICE OF HEARING OF SEIZURE OF PROPERTY, RULE together with and at the same time directing Her attention to the contents thereof. BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR WRIT OF Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before this day of U?) A.D. ProyhoAotary I So Answers: R. Thomas Kline 03/11/2003 HOURIGAN KLUGER QUINN By. ,-__. Deputy riff HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T Shoemaker, Esquire IDENTIFICATION NO. 83871 LAW OFFICES 600 Third Avenue IOn ston, PA 18701 (570) 287-3000 TAMMAC CORPORATION, vs. Plaintiff BRIAN K. HILL and YVONETTE A. HILL ATTORNEY FOR PLaintiH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW REPLEVIN Defendants NO. 03- 748 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 plaintiffs motion for writ of seizure be scheduled. 1. This matter was scheduled for a hearing on March 19, 2003. 2. On March 19, 2003 the defendants filed for bankruptcy under Chapter 13, Case No. 03-01604, thereby staying the hearing on the plaintiff's motion for writ of seizure. 610146.1 The aforementioned bankruptcy has now been dismissed pursuant to an Order dated April 21, 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: May 10, 2004 Respectfully submitted, HOURIGAN-,Kf;UGERR & QU TN, P.C. BY: ?-f /? James T. Shoemaker, Esq. Counsel for the plaintiff, Tammac Corporation 610146.1 2 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Brian K Hill Yvonette A Hill CASE NO.: 1-03-01604 CHAPTER 13 Debtor(s) ORDER DISMISSING C.kSE NOW, this 21st day of April, 2004, Upon consideration of Trustee's Certificate of Default (and hearing if appropriate), and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from. further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. HARRISBURG, PENNSYLVANIA 13Y THE COURT: B CY JUDGE FILED Clerk, U.S. [°an'.rsr°';^v Court 080905 C7 'v (' r-o ca K" 1 Y i= -? N O 1 T_ m 'r O rl _1'1 7Jl?J T_•? TAMMAC CORPORATION, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN K. HILL AND YVONETTE A. HILL, DEFENDANTS :03-0748 CIVIL TERM ORDER OF COURT AND NOW, this 19t' day of May, 2004, upon relation by plaintiffs counsel that defendants have reinstated bankruptcy on May 5, 2004, the hearing scheduled for June 2, 2004, IS CANCELLED. By the Court, Edgar B. dames T. Shoemaker, Esquire For Plaintiff ,/James K. Jones, Esquire For Defendants :sal o,5-19-69 ?t 0 ',,Z 4f8 6i OR11ON r- y Hl{&Q PC 5/19/04 10:14 PAGE 2/2 RightFAX Ext. 1195 May 18, 2004 Sent via fax to 717-240-6462 The Honorable Edgar B. Bayley Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 Attn: Sharon Re: Tammac Corporation v. Brian K. Hill and Yvonette A. Hill No.: 03- 748 Civil Term (Cumberland County) (Replevin) Our File No.: 67583-556 Dear Sharon: Following up on our telephone conversation of this morning, please be advised that Brian and Yvonette Hill have reinstated bankruptcy on May 5, 2004. Accordingly, we will have to cancel the hearing scheduled for Wednesday, June 2, 2004 at 10:30 in Courtroom No. 2 on behalf of Tammac Corporation. Thank you for your assistance with this matter. Please call me if you have any questions. Sincerely, Patricia A. Haney, I?aralegal JTS/pah Enclosure PC: Jeffrey Goodrich w/enc. (sent via fax to 830-0268) Jamcs T. Shocmakcr, Esq. 617145A MAY 1 4 2004 1 TAMMAC CORPORATION, Plaintiff vs. BRIAN K. HILL and YVONETTE A. HILL: Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORDER CIVIL, ACTION - LAW REPLEVIN 03- 748 Civil Term And now, this Ml- day of 2004, at 10 3U o'clock o.m., it is hereby ordered that there will be a hearing on the plaintiff's motion for writ of seizure, on the a day of m2 2004, at 1030 o'clock, 4dd Courthouse, Carlisle, PA, Court Roo a- .m., at the Cumberland County 610133.1 4"001 h!i 'if4`!^,?? I h ?Z I>,'? 6 E ?,?°Ei F?OJZ HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 ATTORNEY FOR PLAINTIFF LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 TAMMAC CORPORATION, VS. BRIAN K. HILL and YVONETTE A. HILL, TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW Defendants NO. 03-748 PRAECIPE FOR DISCONTINUANCE Please discontinue the above-captioned action without prejudice. 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 (fax) Dated: November 9, 2007 RESPECTFULLY SUBMITTED: Ho , Kluger & Quinn, P.C. By: es T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Corporation 793245.1 C na gn m a n„? rl. .C'