HomeMy WebLinkAbout00-08332
','-.,-
I .I i ".'_ _'~"
0',,"0" - :i':__~,J,.." 1 __ ,'_ '"_"
;,..".,
.....'
MOTOR TRUCK EQUIPMENT
COMPANY,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO. 06 - P33~
C~',(T~'"
v.
MELVYN TIERNAN, d/b/a! TIERNAN
TRUCKING,
: CNIL ACTION - LAW
Defendant
: JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue a Writ of Summons against Defendant Melvyn Tieman, d/b/a Tieman Trucking, R. D. #1
(Box 314), Perryopolis, Fayette County, Pennsylvania 15473, in the above-captioned action.
Writ of Summons shall be issued and forwarded to ( ) Attorney (X ) Sheriff.
CALD ELL & KEARNS
CN
es R Clippinger, Esq . e
A e LD No. 07159
3631 orth Front Street
Harrisburg, PAl 7110
(717) 232-7661
Attorneys for Plaintiff
Date: ~~~I.-Z~ ~
.
WRIT
TO THE ABOVE NAMED DEFENDANT:
MELVIN TIERNAN, d/b/a TIERNAN TRUCKING
R. D. 1 (Box 314)
Perryopolis, P A 15473
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN
ACTION AGAlNST YOU.
Date: jlJou
;;;9 :JOt>O
,
78,875/18019
'lil~~~~~~H_It...il.~d'~"t.iJ.~",-lf~~~~~iD&~~iS~~I"!i'~i1llnll ,,'
~~ __.-, . -li ~ '~-~", ~".. -- -~-
"...
,A.
0 --
'69. c ~~
--t <" ,'-~-
~ ~ .:t ~~F~' ~:;2 {;j
-;i"___ ~_..
10 h D L-..-'
~~~~- 'd - --".)
~, ,--
'"' d ~ '( 1€0 (~)
~ tJ -,', :-" :';~i
~ CY ::~~ ~;~
~ I , U
'" Z "'" ~~
b' ()- V ~ :::! (.:; -<
(0 p: ~
-$
m
I JalllL
J ._ ._~ ^'o,,=v.. ~~
,~~ *~~, ,,"", .~, --" ~
- .~
I
,
,
- "~
. -'~'
~ I
.,
'L. ,.., .,L,
~l"'~",',;
,
SHERIFF'S RETURN - OUT OF COUNTY
''!!l;~'
"""t->.SE NO: 2000-08332 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MOTOR TRUCK EQUI~MENT COMPANY
VS
TIERNAN MELVYN ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry 'for the within named DEFENDANT
, to wit:
MELVYN TIERNAN D/B/A TIERNAN
TRUCKING
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of FAYETTE
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On January
31st , 2001 , this office was in receipt of the
attached return from FAYETTE
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10,00
Dep. Fayette Co 32.08
.00
69.08
01/31/2001
CALDWELL & KEARNS
~-/~
~~~~ -
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this /~
day of J~
A.D.
~/
ChiP
0. htdtl;, ~ ~
Prothonotar
" ..,,,.".~...~
.~~;h
, , On The Court of Common Pleas of Cumberland County, Pennsylvania
Motor Truck Equipment, Co. ~ R-E~I;~U:;
. vs: '. ,
. , ,
Melvyn Tiernan, d/b/a Tiernan Trucking
'No. 20-8332 Civil
Ii, '
,-,," -" j,"
~'1/' """l',,"",,,~,.
Now, 11/10/00
, 200 () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Payette
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
,,' r~~#
Sheriff of Cumberland County, P A
Now, De..e.
S"
Affidavit of Service
, 20 ex) , at 3 :J.,S o'clock -f- M. served the
within
SIJYI'\MOtJ),
upon M~\'i!",1Jerp..l\Jq",
& qddResS
by handing to m eJ V'i tJ
a
and made lmown to
'N\0.'J'''f J
the contents thereof.
So answers,
~!;o~J- fA~~~A
Sworn and subscribe before
's+dayof - 20!lL.
_,c:~
COSTS
SERVICE "J. s. gy
MILEAGE t. .J 1
AFFIDAVIT
$
S~. 08'
$
,NOTAFML SEAL
ANTONIA F'trRUS, Notary Public
MASONTOWNBORniJG:I, "'VETTE COUNTY, PA
MY COM!,,[~,"(' ,.- "::PilARY 16, 2004
~"=.'" ,.' -,.'
,~'"
~ "
',!
II
,I
"
" L...~ ~ _ ~l1!:I!i' ....~'."""
MOTOR TRUCK EQUIPMENT COMPANY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00 - ~33;:J
v.
MELVYN TIERNAN, d/b/a! TIERNAN
TRUCKlNG,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
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. Y ouare 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
HA VEALA WYEROR CANNOT AFFORD ONE, GOTO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
~~ ~
I,.,
,L_
.~
~"-ll'~ I
MOTOR TRUCK EQUlPMENT COMPANY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
v.
MELvYN TIERNAN, d/b/a! TIERNAN
TRUCKING,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
NOTICIA
Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted Debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo a viso 0 notificacion, y por cualquier queja 0 alivio que es pedido en la
peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes
para I1sted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIClO,
V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
,,,,,,,,,~~
-
Ii
I ~ ,
L _' nrt~t;).lh"
MOTOR TRUCK EQUIPMENT COMPANY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
v.
MELVYN TIERNAN, d/b/a! TIERNAN
TRUCKING,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
COMPLAINT
COMES NOW, Motor Truck Equipment Company, by and through its attorneys,
Caldwell & Kearns, and files the within Complaint for breach of contract, and alternatively,
unjust enrichment, and in support thereof avers the following:
I. Plaintiff, Motor Truck Equipment Company (hereinafter, "Motor Truck"), is a
corporation organized and existing under the laws of the Commonwealth of
Pennsylvania, having a principal place of business located at 198 Kost Road, Silver
Spring Township, Carlisle, Cumberland County, Pennsylvania 17013-0922.
2. Defendant Melvyn Tieman, d/b/a Tieman Trucking (hereinafter, "Tieman"), is an adult
individual residing at R.D. #1, Box 314, Perryopolis, Pennsylvania 15743.
3. On or about September 29, 1998, Tieman contracted with Motor Truck to purchase three
(3) 1990 Peterbilt No. 379 Tractor Trucks. A true and correct copy of the Security
Agreement and Conditional Sale Contract for those trucks is attached hereto, and marked
as Exhibit "A".
Ii I
,
.
4. Motor Truck arranged for financing of the purchase by Associates Commercial
Corporation (hereinafter, "Associates").
5. The total purchase price for the three (3) Peterbilt trucks was Ninety-four Thousand Five
Hundred ($94,500.00) Dollars. A true and correct copy of the Delivery Notice, which
itemizes the amounts financed, is attached hereto, and marked as Exhibit "B".
6, In addition to the purchase price for the three (3) Peterbilt trucks, Tieman insisted that the
costs of the state title, lien and registration fees for the trucks be included in the amount
he financed through Associates. See (Exhibit "B".)
7. Motor Truck and Associates agreed to Tiernan's demand.
8. The title, lien and registration fees for the three (3) Peterbilt trucks totaled Five Thousand
One Hundred Forty-five ($5,145.00) Dollars. See (Exhibit "B".)
9. On the date Tieman executed the Security Agreement, he remitted Nine Thousand
($9,000.00) Dollars to Motor Truck toward the purchase price ofthose trucks, thereby
reducing the principal owed to Eighty-five Thousand Five Hundred ($85,500.00) Dollars.
See (Exhibit "B".)
1 O. On or about October 2, 1998, Motor Truck remitted three (3) checks - each in the amount
of One Thousand Seven Hundred Fifteen ($1,715.00) Dollars, for a total of Five
Thousand Four Hundred Fifteen ($5,415.00) Dollars - to the Commonwealth of
Pennsylvania's Department of Transportation to cover the costs of the title, lien and
registration fees for the three (3) Peterbilt trucks purchased by Tieman. A true and
2
:1
"
f,"
~
-~ ~-" ..~-~
-
.'Ii
I" "-
.
,"L ~~ f~~''J'Ill';
correct copy of the Request for Disbursement forms and Commonwealth Registration
forms for the three (3) trucks are attached hereto, and marked as Exhibit "C".
11. The Commonwealth properly issued license plates for each of the three (3) Peterbilt
trucks.
12. Approximately one and one-half (1 Y:, ) weeks following tender of the three (3) Peterbilt
Trucks, Tieman returned the trucks to Motor Truck and requested that the sale be
canceled.
13. Tieman advised, at this time, that he would purchase a 1999 Kenworth W-900L Tractor
Truck in place of the Peterbilts.
14. Motor Truck agreed to Tieman's proposal.
15. On October 9,1998, Tieman executed a second Security Agreement and Conditional Sale
Contract for the purchase of the above-mentioned Kenworth truck, at a purchase price of
Ninety-nine Thousand Seven Hundred Thirty ($99,730.00) Dollars. A true and correct
copy of the second Security Agreement and Conditional Sale Contract is attached hereto,
and marked as Exhibit "D".
16. The Nine Thousand ($9,000.00) Dollar check which Tieman had previously remitted to
Motor Truck, as a down-payment on the three (3) Peterbi1t trucks, was credited toward
Tieman's purchase price for the 1999 Kenworth truck, thereby reducing the principal
amount Tieman financed, on the purchase of the 1999 Kenworth truck, to Ninety
Thousand Seven Hundred Thirty ($90,730.00) Dollars. See (Exhibit "D".)
3
c
Ii
I"',
,',J.
17. At the time Tieman returned the three (3) Peterbilt trucks, he failed to return the license
plates which had been issued for those trucks.
18. To date, Tiernan has failed to return the plates despite repeated requests by Motor Truck.
COUNT I
Breach of Oral Contract
19. Plaintiff hereby incorporates Paragraphs I through 18 as though the same were fully set
forth hereunder.
20. On October 9, 1998, when Tieman returned the three (3) Peterbilt trucks to Motor Truck,
he covenanted that he would remit payment to Motor Truck in the amount of Five
Thousand One Hundred Forty-five ($5,145.00) Dollars - to cover the title, lien and
registration fees paid by Motor Truck for the three (3) Peterbilt trucks - in return for
Motor Truck's promise to cancel the contract for the sale of those trucks.
21. Tieman has failed to remit the swns promised despite repeated demands upon him for the
same.
WHEREFORE, Plaintiff, Motor Truck Equipment Company, demands judgment in its
favor in the amount of Five Thousand One Hundred Forty-five ($5,145.00) Dollars, plus interest
from the date of the oral promise, plus incidental and/or consequential damages associated with
recovery of this money, and costs of suit.
4
L
...'--
~ I I
..
, ,
. .~ I,
- ,<--'-. ,~ "*,*,-,,,
COUNT II
Un;ust Enrichment
22. Plaintiff hereby incorporates Paragraphs I through 21 as though the same were fully set
forth hereunder.
23. Alternatively, Motor Truck demands judgment against Tieman on the theory of unjust
enrichment.
24. Motor Truck and Associates agreed to incorporate the title, lien and registration fees into
the amount financed under the Peterbilt Security Agreement, at the direct request of
Tieman and for his benefit. See (Exhibit "C".)
25. Motor Truck thereafter agreed to cancellation ofthe contract for the Peterbilt trucks,
again for Tieman's benefit.
26. Tieman remains in possession ofthe license plates issued for the three (3) Peterbilt
trucks, which plates were issued only upon payment, by Motor Truck, of Five Thousand
One Hundred Forty-five ($5,145.00) Dollars to the Commonwealth of Pennsylvania's
Department of Transportation. See (Exhibit "C".)
27. Due to cancellation ofthe contract for sale of the three (3) Peterbilt trucks, the
accompanying finance arrangement was also canceled.
28. Motor Truck, to date, has not been reimbursed for the costs it expended on behalf of
Tieman, nor will it be so compensated under the now defunct Secnrity Agreement.
5
,.~ -~
"""~~
"
. n
.'.
Ii
,,~ ,I )
. < "~,.:;
WHEREFORE, Motor Truck Equipment Company demands judgment in its favor in the
amount of Five Thousand One Hundred Forty-five ($5,145.00) Dollars, plus interest from
September 9, 1998, plus incidental and/or consequential damages and costs of suit.
Respectfully submitted,
CALDW LL & KEARNS
By:
Esquire
Date: l='~'1:}~ \(~-
78875120441 \
6
_",j<Mn'~~'" .~ h_
J I :0 ' t~
"
~-
I,
Gareth H. Mitchell
VERIFICATION
, on behalf of Motor Truck Equipment Company, hereby
verify that the averments in the foregoing Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn
falsification to authorities.
IL
- " ~'->'~,
IL i,
. ~~" IL
C"
,~
.~
, 1:\ SECURITY AGREEMENT
~ [Conditional Sale Contract)
. The undersigned buyer, meaning all buyers jointfy and severally ("Buyer"), having been quoted both a time sale price and cash sale
price, has elected to purchase and hereby purchases from the undersigned seller ("Seller") for the time sale price equal to the cash price (item 1 J
plus the total insurance costs (item 4) plus the total other costs (item 5) plus the finance charge (item 7) shown below, under the terms and
provisions of this agreement, the following described property (herein, with all present and future attachmets, accessorites, repJacement parts
repairs, additions. and all proceeds thereof, referred to as "Collateral"): .
Year Make Model Description Identification Number
199Cl Peterbilt 379 TRACTOR 1XP50B9X8LN294954
199Cl Peterbilt 379 Tractor 1XP5DB9X8LN294957
199Cl Peterbilt 379 TRACTOR 1XP5DB9X8LN294958
Collat.ral Will Be Kept At (Address): .!..~~!~~~~_______._..__._____....county FAYETTE .
INSURANCE COVERAGE
LIABILITY INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED
TO OTHERS IS NOT INCLUDED IN THIS
AGREEMENT.
PHYSICAL DAMAGE INSURANCE COVERING THE COLLATERAL IS
REQUIRED; however. Buyer has the option of furnishing the required
insurance either through existing policies or through an agent or broker
of BUY~f' s choice.
o Buyer requests and authorizes Seller to obtain the insurance
cC)verage checked 4(a) Insurance Costs on the Collateral for
i months and for the premium set forth 41a) Insurance Costs.
'"
"w
wZ
:>:0
"
.l-
o Buyer has obtained the required coverages through:
SIONEY K, CUCXlER, INC. po BOX 156 VERONA, PA 15147-0156
........-.........---...-.-..-....{Agent's.N.iime-antrAd(j.iess)-.-....-----.-.-.--.-
.__.._..._._......_.___.__...ASSO.CIAIES.lNS....cO........._.......__.._.__.___.__
(Name of Insurance Company)
CREDIT INSURANCE, if included, is not a factor in the approval of credit.
is not required by the Sel~er..,and is for the term of the ,~redit,only.
o
1
~ ~ Boyer hereby requests and authorizes Seller to obtain ered.it
~ 0 Insurance, if checked above, to the extent the cost thereof IS
o included in Item 4(b) - Insurance Charges.
.l-
o
Boyer desires Credit Insurance: Premium $ ___.......__.___._..__
IEntBl' abol'& and in 41") . INSURANCE CHAIlGESJ.
BUYER
Date 9-29-98
State ~.___
99,645.00
1. CASH PRIC~.____...__..__.___ $
2. (a) Cash Down Paymen1._..__ $ 9.000.0Cl
Trade-fo:
Gross Allowance.._._..__ $
Less Amount Owing._____.$
(bl Trade-in {Net Arlowancel__$
Description of Trade-In:
0.00
0,00
0.00
TOTAL DOWN PAYMENT la + bL...____...____ $
9.000.0Cl
3. UNPAID CASH
PRICE BALANCE (1 Minus 2l.........._......___.._.......__ $
90.645.00
4. INSURANCE COSTS
(a) Physical Damage
fnsurance coverage,
as checked below,
for ______..._ months from
the date hereof ....J!.:~~:.~~_.$
0.00
o
$: Deductible Fire, Theft, Combined
--.......--...--.---- Additional Coverage, and
$: Deductible Collision; or
-...--.--.-..-....-......
o ~_..._._____._._. Deductible COn:'Rrehensive and
. ~...____._......_ Deductible Colhslon.
(b} Credit Life Insurance
for the term of the
credit only _.._...._..._.._$
0.00
TOTAL INSURANCE COSTS (a + b) ........_........._.___ $
5. OTHER COSTS (Itemize)
0.00
(al Registration or License ___. $
(b) Title Fee _._.._.......__..___._...~
(e) ....._.._._.___....__...._._._._....$
0.00
0.00
0.00
TOTAL OTHER COSTS la + b + c) ..__._..._......_..._.$
6. PRINCIPAL AMOUNT FINANCED (3+4+5) ........_J
7. FINANCE CHARGE ._.._..__.__.._._..._..__.__...._._..._..__$
8. TIME BALANCE (6 + 7) ." ......_......_.___..__....._..~
0.00
90.645.00
11.255.16
101.900.16
P 1 f 3 f S . A e t dated 9-29.98 betwean MELVYN TIERNAN ...._._..........__.._.._._.....__.._J8uye')
age 0 0 ecunty gre men ---.-.....................-.-...-..........-. ..................--h:...h.-:.-..[..-d.--.........-h --...I';"..~-~-....-...-.-tem of Collateral with the following
and MOTOR TRUCK EQUIPMENT CO. ....._..._.....__.__..._._....._._._.____..._ISaller) w IC mc u as, Wit out ImitatIon, an I
serial.iiu-m"f;e.i::=:::J~!.:~~~~_~Irf~~~~=::=:
G0017a Rev. 4-94
Comm', Veh-PA
1.02
~
Buyer's
Initials
i""-~
ORIGINAL FOR ASSOCIATES
~ I:
'-J_
'.a'
'J>. ~
""-"""""~-"",,
PAYMENT SCHEDULE: Buyer promises to pay
.er the TIME BALANCE (Item 8 above) in _ !-....__installments as follows:
{Total No. oflnstallmenw
For equal
successive monthly
installmpnts:
(a) $..'.___.._.....~..__~.:~~.:~._.___......_._._..._.._ on _.____._....:~~:~_.____._____ and a lil\e sum of} the like date of each
IOMa'
month thereafter until fuffy pard, provided, however, that the final installment shall be in the amount of $ 4 ='45 84.
For other than
equal successive
monthly
installments:
(bl
A~ COLLATERAL USE. Buyer warrants and agrees that: the Collateral was delivered to and accepted by Buyer in satisfactory condition; the Collateral
will De used solely tor business purpQses; the Collateral is free from and will be kept free from all liens, claims, security interests and encumbrances
other than that. created hereby; notwithstanding Seller's claim to proceeds, Buyer wilt not. without Seller's prior written consent, sell, rent lend
encumber, pledge, transfer, secrete or otherwise dispose of any of the CoJlate,a'. nor wiJI Buyer permit any such act; the Collateral wi', be maisitained
in good operating condition, repair and appearance, and will be used and operated with care, only by qualified pers,onnel in the re:gular .course: of
Buyer's business' and in conformity witI:t all applicable governmental laws and regulations; the Collateral shall remain 'personal property 'and nOt become
part Qf any real property regardless of the manner of affixation; Seller may inspect the Collateral at all reasonable times and from time to time; and the
Collateral will be kept by Buyer at the location set forth for it on the face hereof and will not be removed from said location without the prior written
conSElnt of Seller, except that an item of Collateral which is mobile and of a type normally used at more than one location may be used by Buyer away
from said location in the regular course of Buyer's business provided that (a) such item is not removed from the State of said location, and (b) if such
item is not returned to said location within 30 days, Buyer will immediately thereafter, and each 30 days thereafter until the item is returned, report
the then current location thereof to Seller in writing.
B. COLLATERAL PRESERVATION. Buyer agrees, at its own cost and expense: to do everything necessary or expedient to perfect and preserve the
securny Interests at :::teller otltalned hereunder; to defend any action, proceeding or claim affecting the Collateral including but not limited to any
forfeiture action or proceeding; to pay all expenses incurred by Seller in enforcing its rights after the occurrence of an event of default hereunder
inclUding the reasonable fees of any attorneys retained by Seller (15% of all sums then owjng hereunder if permitted by Jaw); and to pay promptly al;
taxes, ass~ssments, license fees and other public or private charges when J~vied or assessed against the Collateral, this agreement or any
accompanYing note.
C. INSURANCE. Buyer shall at all times bear all risk of loss of, damage to or destruction of the Collateral. Buyer agrees to procure forthwith and
malntalO Insurance on the Collateral, for the actual cash value thereof and for the life of this agreement, in the form of Fire Insurance with Combined
Additional Coverage and Collision, Theft and/or Vandalism and Malicious Mischief Coverage when appropriate, plus such ather insurance as Seller may
specify from time to time, all in form and amount and with insurers satisfactory to Seller. Buyer agrees to deliver promptly to Seller certificates or, if
requested, policies of insurance satisfactory to Seller, each with a standard long-form loss-payable endorsement naming Seller or assiflns as
loss-payee as their interests may appear. Each policy shall provide that Seller's interest therein will not be invalidated by the acts, omisS:lons or
neglect of anyone other than Seller, and will contain insurer's agreement to give 30 days prior written notice to Seller before cancellation of or any
material change in the policy will be effective as to Seller, whether such cancellation or change is at the direction of Buyer or insurer. Seller's
acceptance of policies in lesser amounts or risks will not be a waiver of BUyer'S, foregoinQ obligation. Buyer assigns to Seller all proceeds of any
phYSIcal damage or credit insurance for wrnch a charge ;s stated herein or wh;ch is ma;ntamed by Buyer in accordance herewith, including returned .
and unearned premiums, up: to .the amount owing hereunder by Buyer. Buyer directs all insurers to pay such proceeds directly to Seller. Buyer
authQrizes Seller to endorse Buyer's name to aU remittances without the joinder of Buyer.
D. FINANCING STATEMENT. If permitted by law, Buyer agrees that a carbon, photographic or other reproduction of this agreement or of a financing
statement may be tiled as a tlnancing statement.
E. PERFORMANCE. If Buyer .fails to perform any of its obligations hereunder, SeUer may!erform the same, but shall not be obligated to do so, for the
aCCOllnt ot l:1uyer to protect the interes:r o~ Seller or Buyer or both, at Seller's ?ption, an Buyer shall immediately repay to Seller any ~mounts paid by
Seller in such performance, together With mterest thereon at the same rate as IS set forth on the face hereof as payable upon acceleratron.
F. DEFAULT. Time is of the essence. An event of default shall occur if: la} Buyer fails to pay, when due any amount owed by it to Seller or to any
affIliate ot ~eller. whether hereunder or under any other instrument or agreement; lb) Buyer fails to perform or observe any other term or provision to
be performed or observed by it hereunder or under any other instrument or agreement furnished by Buyer to Seller or to any affiliate of Seller or
otherwise acquired by Seller or any affiliate of Seller; (c) Buyer becomes insolvent or ceases to do business as a going concern; (d) any of the
Collateral is lost or destroyed; (e) Buyer makes an assignment for the benefit of credftors or takes advantage of any law for the relief. of debtors; If) a
petition in bankruptcy or for an arrangement, reorganization, or similar relief is filed by or against Buyer; Ig) any property of Buyer IS anached, or a
trustee or receiver is appointed for Buyer or for a substantial part of its property, or Buyer applies for such appointment; or (h) there shall be a
material change in the management, ownership or control of Buyer.
G. R~MEDIES. Upon the occurrence of <!n event of default, !!nd at any !!me thereafter. as long as the default continu.es, Seller may, at its option, wi.~h
or without notice to Buyer (i) declare this agreement to be an default. (n), declare the Indebtedness hereunder to be Immediately due and payable, (111)
declare all other debts then owing by Buyer to SeIJer to be immediately due and payable, (iv) cancel any insurance and credit any refund to the
indebtedness, and (v) exer9ise all of the rights and remedies of a secur~d p~rty under the Uniform Commerci<!1 Code and any othe~ apl?licable; laws,
inclUding the right to require Buyer to assemble the Collat.eral and deliver it to Seller at a pl<!ce to be. d.eslgnated by Seller wh,lch IS, reasonably
convenient to both panies, and to lawfully. enter any premises where the ColI~teral may be :-",Ithout jUdl91s1 pr~cess and take, J?ossesslon th,ereof.
Acceleration of any and aU indebtedness, Jf so ejected by SeIJer, shall be subject to all applicable laws Includmg those .pertalnlng to refunqs and
reba'es of unearned charges. Any property other than Collateral which is in or upon the Collateral at the time of repossesslol) may ~e taken and held
with()ut liability until its return is requested by Buyer. Unless otherwise provided by law, any requirement of r.easonable notice which Sell~r may be
obligated to give regarding the sale or other disposition of Collateral will be met if such notice is mailed to Buyer at its address shown herem at least
ten c:tays before the time of sale or other disposition. Seller may buy at any sale and become the owner of t~e <:;ollateral. Buye~ ,agrees that '.Seller
may bring any legal proceedings it deems necessary to enforce the payment and performance of Buyer's obligations hereunder In any court 10 t~e
StatE! shown 10 Seller's address set forth herein, and service of process may be made upon Buyer by mailing a copy of. t~e summon~ to Buyer at Its
address shown herein. The inclusion of a trade name or division name in the identification of Buyer hereunder shall not limIt Seller's nght, after the
. 9.29~98 MELVYN TIERNAN (Bu erJ
~~~e 2 ~JTHRStA1.lfal ~arafiJmf~8~---'-"._-_.'._'-"'..-'.'- betweel)....is.eil;~).-W-hi;;h..in~i~d~s~..wrih-;;~tlimrt~ti~~:..a.;-.i;-;m.~.~iiate~-;;i"..VJthih;..follo~in9
serial'iiumDe.i:::=,-=!~~:~~~:~~~~495~==~::'..'---..'.-'.--.--.....-.....--...-...............
600178 Rov. 4-94
Coml11" Veh.PA
ORIGINAL FOR ASSOCIATES
Buyer's
Initials
I~~
'~"-- .
[........l
.'
i-l
~.~
1.1-
"~'"
J:
"iwiiom
'.'f
occurrence of an event of default, to proceed "':=lainst all of Buyer's assets, including those held l ,ed by Buyer individually or under another trade
or division name. Expenses of re~aking, holding, preparing for sale, selling and the like shall include \a} the reason~~le fees of any attorneys retained
by Seller (15% of all sums then owing hereunder if permitted by law), and (bl all other legal expenses incurred by Seller. Buyer agrees that it is liable
for and will promptly pay any deficiency resulting from any disposition of Collateral after default. .!
" ) ,.
H. REINSTATEMENT At S'eller's option, Buyer may reinstate this agreement and redeem the Collateral within 15 days after notice of repossession
if buyer pays all past due installments, accrued default charges and, if replevined by legal process authorized cost of suit, including reasonabl~
attorney' fees, but jf default at tim, e of repossession exceeds 15 days, Buyer shall_pay also the expense of retaking" repairing and storage authorized
by law. Buyer has the right (as distinguished from Seller's optionl to redeem the Collateral and terminate this agre,e1ment within 15 days after notice
of repossession, by paying the unpaid time balance, plus the foregoing applicable charges, costs and expenses, minus unearned finance charge. If
Buyer does not so redeem, Buyer loses all claim to the Collateral.
I. PREPAYMENT Upon the prepayment in full of all amounts due hereunder, Buyer shall be allowed a prepayment, rebate representing the portion of
tile tlnance charge which the sum of the periodic time balances after the date of prepayment bears to the sum of all! periodic time balances under the
payment schedule provided herein, but seller shall be permitted to retain a minimum finance charge of $10.00.
J. GENERAL Waiver of any default shall not be a waiver of any other default; all of Seller's rights are cumulative ,and not alternative. No waiver or
change In thiS agreement or in any related note shall bind Seller unless in writing signed by one of its officers. The term "Seller" shall include any
assignee of Seller who is the holder of this agreement. After assignment of this agreement by Seller, the assignQr;wiII not be the assignee's agent
for any purpose and Buyer's obligations and liabilities hereunder to the assignee will be absolute and unconditjori~1 and will not be subject to any
abatement, reduction, recoupment, defense, set.off or counterclaim available to Buyer for breach of warranty or ~or any other reason whatsoever.
Any provisions hereof contrary to, prohibited by or invalid under applicable laws or regulations shall be inapplicable and deemed omitted herefrom,
but shall not invalidate the remaining provisions hereof. Buyer waives all exemptions to the extent permitted by law. Buyer hereby waives any right
to trial by jury in any action relating to this agreement. Seller may correct patent errors herein. All of the terms! and provisions of this agreement
shall apply to and be binding upon Buyer, its heirs, personal representatives, successors and assigns and shalllinure to the benefit of Seller, its
successors and assigns.
K. ACCELERATION INTEREST. Buyer agrees to pay Seller, upon acceler'ation of the above indebtedness, interest, on all sums then owing hereunder
at the rate of 1 ~ % per month if not prohibited by law, otherwise at the highest rate Buyer can legally obligate itseilf to pay and/or SeUer can legally
collect. Any note taken herewith evidences indebtedness and not payment. All amounts payable hereunder are pi'lyable at Seller's address shown
below or at such other address as Seller may specify from time to time in writing.
L. LATE INSTALLMENTS. For each installment not paid within ten (10) days of its scheduled due date Buyer agree's to pay Seller a default charge of
4 % at the amount ot such installment.
M. SECURITY INTEREST. To secure payment of the TIME BALANCE (Item 8), Seller retains title to and a security interest in the Collateral regardless
of any retaking and redelivery of the Collateral to Buyer.
N. CROSS SECURITY. Buyer 9rants to Seller a security interest in the Collateral to secure the payment and performance of all absolute and all
contingent obligations and liabilities of Buyer to Seller, or to any assignee of Seller. now existing or hereafter arisirjlg, whether under this agreement
or any other agreement and whether due dir~ctly or by assignment; proyided, ho"",!ev~r, upon. any assignment' of this agreement by Seller, the
assignee shall be deemed for the purpose of thiS paragraph the only party With a security Interest In the Collateral.
O. DISCLAIMER. There are no warranties other than those made by the manufacturer of the Collateral. SELLER M~KES NO REPRESENTATIONS OR
WAHHAN lie;;. EXPRESS OR IMPLIED. AS TO THE QUALITY. WORKMANSHIP. DESIGN, MERCHANTABILITY, SWlTABILlTY. OR FITNESS OF THE
COLLATERAL FOR ANY PARTICULAR PURPOSE. OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER. EXPRESS OR IMPLIED,
unless such warranties are in writing and signed by Seller. Seller shall not under any circumstances be liable for loss of anticipatory prOfitS or for
consequential damages.
P ADDITIONAL COVENANTS AND ORAL AGREEMENT. THIS AGREEMENT REPRESENTS THE FINAL AGREEMEJ:lT BETWEEN THE PARTIES AND
MA Y NOT BE CON I HAOIC I cD BY EVIDeNCE OF PRIOH. CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE
ARE NO UNWRIITEN ORAL AGREEMENTS BETWEEN THE PARTIES. Buyer and Seller agree that this is a three page agreement and each page
hereof constitutes a part of this agreement.
Q CHATTEL PAPER. This specific Security Agreement is to be sold only to ASSOCIATES COMMERCIAL CORPORATION and is subject to the
s~cunty Interest at ASSOCIATES, COMMER~IAL CORPORATION. "The only copy of this Security"AgrE:em~nt w~ich, constitutes Chattel Paper for all
purposes of the Uniform Commercial Code IS the copy marked ORIGINAL FOR ASSOCIATES which IS dehvef,ed to and ,held by ASSOCIATES
COMMERCIAL CORPORATION. Any change in the name of the assignee of this Security Agreement fro~ ~SSOCIATES COMMERCIAL
CORPORA nON shall render the copy of this Security Agr~ement so change~ VOID a,nd ot. no force and eff~ct. No, .asslgnee or secured party other
than Associates Commercial Corporation will under any Circumstances acqUire any nghts 10, under or to thiS Secunty Agreement or any sums due
NOTICE TO BUYER:
DO NOT SIGN THIS CONTRACT IN BLANK.
YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN.
KEEP IT TO PROTECT YOUR LEGAL RIGHTS.
Buyer hereby acknowledges receipt of an exact copy of this contract.
Date _...______._._.._._..._..._~:.?~:~.~__......._._..._......__._......__..___
MELVYN TIERNAN
8uyer(s)Il~~~e..~~Y.~~I!!C:;___.___..___............_._....____..._.__.___....
(Name Ofindividuell$l;?l" or pertnlttsl1ip. Give trade styla, if any, aher nama.)
B~... ........... ...a.L._....~ Title g~5f.!:_.._..___.._..:...._...
I corp Ii . authorized partymustSlgnandshowtorporatatllla.I'partnarship. iI
anal'll! partner must sign. If ownerls) 0' pal'l/'l9r, $how which.'
MOTOR TRUCK EQUIPMENT CO.
Seller _._......._....._____.........._......._.............._._.__.._._....._.............._.....__......~
IName of individual. eorp-oration or pann8l'ship.1
By Title ..._......_._._._....._.._....._.__
.-iifco;po;;.jj;;j;:-~ori;~dp;t;~~--;;;n3nd show co,poralQ tids_ !' partnership. .
general partn$ mUst .$IlIn. tf owner or partner, show whll;h.J
By ......__......._....._...._...._....._.__...._.._... Title ._..___...._..._.___.__......_..
Ilfco.buyar. co-partner oreo.olficar, signhera and show which.J _
.?~9.1!Qf.!m..9g~!!;~..~.y.g:....._.._...._._.._._......_.__....-...-.............-..-.-
[Strll8tAddfe55)
RD #1 BOX 314
......-..-..............-._........-_..-..iSU~-;t-Add~;;;;i.---.-.......-.......-.-.-....-.......-
~~_~!~!!!.q~__..__........_.....___..____._._..._._......._._.~~...~.~!!Z.~....._
ICity. StlllB and Zip Code!
PERRYOPOllS FAYETTE PA 15473
- ......-.-........-.........-.-.--..--...-.........--...-..-_.......-..-....--....
........-.......--. ~. COUNTY. SUila. and Zip Codal .
Buyer' s Initials..._...~_.__...._._......_..._...._._._._._.._........._.._....._._....._._.._........
~~e 3 ~6T<<HRS'~Wgl ~artifp~r~f~a~ ._..-_.__.-..-::::::=~=~=::==~-=:==.~.~~~~~=::~~i~TI~*~~hTI~~.~~~d~s~..~Tihoutlimita.iion.--an.Tiem..or~ii3ter.arwith-the."foll~:~f~~
eriifnumo.iir:.....-fXPs.os9x'8IN294954--.-:-........-
----..-.----.-..-.-.-.-.---..
00178 Roy. 4-94
omm'l Veh.PA
nRIr.INAI I=nR A<::<::nCIATI=<::
"
,,1l!jO_
,I;
Ii
'!l1ij
~
AGREEMENT
ASSOCIATES COMMERCIAL CORPORATION
Gentlemen:
You have purchased one or mor.e conditional sale contracts, lease agreements, chattel mortgages, security
agreements, notes and other chases in action (herein designated" Accounts") arising from the sale or lease to us, by
various vendors or lessors, of equipment andlor inventory (herein designated "Collateral") andlor you have made direct
loans to us andlor leased Collateral to us andlor otherwise extended credit to us evidenced by Accounts creating security
interests in Collateral.
In order to induce you to extend our time of payment on one or more Accounts andlor to make additional loans to us
andlor to lease Collateral to us andlor to purchase additional Accounts, and in consideration of you so doing, and for
other good and valuable consideration, the receipt of which we hereby acknowledge, we agree as follows:
All presently eXisting and hereafter acquired Collateral (the description of which is incorporated herein by reference) in
which you have or shall have a security interest shall secure the payment and performance of all our liabilities and
obligations to you of every kind and character, whether joint or several, direct or indirect, absolute or contingent, due or
to become due, and whether under presently existing or hereafter created Accounts or agreements, or otherwise (herein
individually and collectively designated .Obligations").
We further agree that your security interest in the Collateral covered by any Account now held or hereafter acquired
by you shall not be terminated in whole or in part until and unless all of our Obligations to you are fully paid and satisfied
and the terms of every Account now owned or hereafter acquired by you have been fully performed by us. It is further
agreed that you are to retain your security interest in all Col!ateral covered by all Accounts now owned or hereafter
acquired by you, as security for payment and performance' under each such Account, notwithstanding the fact that one
or more of such Accounts may become fully paid.
A default under any Account or other agreement between us shall be deemed to be a default under all other Accounts
and agreements. A default shall result if we fail to pay any sum when due on any Account or agreement, or if we breach
any of the other terms and conditions thereof, or if we become insolvent, cease to do business as a going concern, make
an assignment for the benefit of creditors, or if a petition for a receiver or in bankruptcy is filed by or against us, or if any
of our property is seized, attached or levied upon. Upon our default any or all Accounts and agreements shall, at your
option, become immediately due and payable without notice or demand to us or any other party obligated thereon, and
you shall have and may exercise any and all rights and remedies of a secured party under the Uniform Commercial Code
as enacted in the applicable jurisdiction(s) and as otherwise granted or accorded to you under any Account, other
agreement, rule of law, judicial decision or statute. We hereby waive, to the maximum extent permitted by law, notices
of default, notices of repossession and sale or the disposition of Collateral, and all other notices, and in the event any
such notice cannot be waived, we agree that if such notice is mailed to us postage prepaid at the address shown below
at least ten (1 0) days prior to the exercise by you of any of your rights or remedies, such notice shall be deemed to be
reasonable and shall fully satisfy any requirement for giving notice.
520859
Cross Collateral/Cross Default)
:Rev. 10 83}
Page 1 of 2
--,.L"--"'-,""",-o,.-~'-
~, J..
Ii
-
~ l
},'
, All rights and remedies granted to you hereunder shall be cumulative and not alternative, shall be in addition to and
, 1 I ..
shall il) no manner impair or affect your rights and remedies under any existing Account, agreement, statute, judicial
jecision or rule of law. '
This instrument is intended to create cross-default and cross-security between and among all Accounts now owned or
hereafter acquired by you,
This agreement may not be varied or altered nor its provisions waived except by your duly executed written
agreement. This agreement shall inure to the benefit of your successors and assigns and shall be binding upon our heirs,
administrators, executors, legal representatives, successors and assigns,
IN WITNESS WHEREOF, we have executed this Agreement on
9-29-98
IDate}
MELVYN TIERNAN
TIERNAN TRUCKING
(Name of Proprietorship. Partnership or Corporation, as applicable)
RD #1 BOX 314
PERRYOPOLlS
PA 15473
(Principal Place of Business)
By
OWNER
I ature) (Owner. Partner or Officer, as applicable)
",.......,"',...,....,....
'" ,',"','--',',","
..,.......,...",...,...'....-,-, ','.
"..-..'..'....,.,..........
.:';.::..".:,':',.,'".,,',....',.,,',','.',.'..
.....................
i:tI~~tt~}:~:;::((::~:{:}.;:::;~::;:::;:t:::::t:j~/;:~:,::; .
..................'.....,..,.-
""-"""":""-"",,:,,,;,:,:-:,:,,,,,:'-.'.
...,....,.............
..............,...
.......,..-,......
By@@II
.:.,.:.,.:.:.:.:.,.,.:.,.,.:,:.,.,.",.,.,.,.:,,..,
......,..... .............
.....................
....................
.......... -- ...
:,:".,.;,:.:,:.:;".,.:.,.;.:.,.,.,.,.,.,.;.;.;.;.,.,.
",'...........,............
....................
(Signature) (Owner. Partner or Officer, as applicable)
Accepted and agreed to on
9-29-98
IDate)
ASSOCIATES COMMERCIAL CORPORATION
(Name
620859 (Cross Collateral/Cross Default)
(Rev. 1083)
1.01
Page 2 of 2
.."..; ,.' ~~
'~"
1"-
-
M:'
SELLER'S AGREEMENT
For value received. the undersigned (-Assignor") hereby sells, assigns and
. transfers to ASSOCIATES COMMERCIAL CORPORATION, its successors and
, assigns '''Assignee''). alf Assignor's -'right, title and Interest in and to (a) that
certain security agreement dated 9~29-'98 between ___._ _
_.:...____~.!.~.YY!t.!I!!L~'N:.~~::~::__.__ t"Buyer,;;-;ndASsignor
which includes. without Iimitatio'1; an item of Collateral. as defined herein. with
the following serial number: l?fE.~M?f!~r1.~_4.9.E~ (the "Security Agreement").
(b) any notes. guaranties and other documents executed in connection with the
Security Agreement (herein. with the Security Agreement. called the
"Documents"), (c) all amounts due and to become due under the Documents. Id)
the property in which a security interest is granted to or reserved by Assignor
under the Security Agreement Ithe "Collateral"). and Ie) all of Assignor's rights
and remedies under or in connection with the Documents. including the right.
without notice to Assignor and without affecting Assignor's liability hereunder: (i'
to collect any and all amounts owing under the Documents. (ii) to endorse
Assignor's name on any note or remittance received. (iij) to release or discharge
the Buyer under the Security Agreement or any other persons obligated under the
Documents. on terms satisfactory to Assignee, by operation of law or otherwise.
(iv) to settle. compromise or adjust any and all rights against and to grant
extensions of time of payment to Buyer or any other persons obligated under the
Documents. and tv) to take any other action Assignor might take but for this
assignment. Assignor warrants that: the Documents are genuine, enforceable and
in aU respects what they purport to be; an signatures, names. addresses,
amounts and other statements and facts contained in the Documents and herein
are true and correct; the Collateral was sold to Buyer in a bona fide time sale
transaction; Buyer has paid the down payment in cash or as otherwise set forth
in the Security Agreement. and no part thereof was loaned dlrectty or indirectly
by Assignor; the Collateral was denvered in satisfactory condition to Buyer on the
date set forth below and was accepted by Buyer, any notice of insurance or
certificate or policy thereof was or will be delivered to Buyer within the time
required by law; all parties to the Documents have the capacity to contract and
none of such parties is a minor; the security interest and reservation of title
evidenced by the Security Agreement are valid, first, prior to an others and
effective against all persons;-'
Assignor has caused or will promptly cause such actions or procedures to be
taken as are required or permitted by statute or regulation to perfect such
security interest and reservation of title tn Assjgne~'s favor, including, without
nmit~!ion, filing fina.ncing. stat8,:,ents, ~ecording d~cuments and obtaining
Certificates of Title dlscloslOg AsSignee's Interest; AsSignor has full title to and
the right to sell and assign the Documents and the security interest and reserved
title evidenced thereby, and this assignment conveys the same free and clear of
all liens and encumbrances whatsoever; the Documents are and will continue
free from defenses, counterclaims, cross.claims, and set-ofts; and Assignor shan
continue to be liable hereunder, notwithstanding Assignee's waiver of or failure
to enforce any of the terms, covenants or conditions contained in the
Documents or any release of, or failure on the part of Assignee to reanze upon
or protect, the Collateral or any lien thereon. If any of the foregoing warranties
are untrue, regardless of Assignee's knowledge thereof or lack of reliance
thereon, or if Assignor breaches any provision hereof. Assignor hereby
unconditionally agrees to m indemnify and hold Assignee harmless from any
losses. damages or claims arising therefrom. and (ii) purchase the Documents on
written demand from Assignee for the balance remaining unpaid thereunder, plus
any expenses of collection, repossession, transportation and storage, and
reasonable attorneys' fees and court costs incurred by Assignee, less any
customary refund by Assignee of unearned finance charges.
ANY REASSIGNMENT OF THE DOCUMENTS AND/OR THE COLLA TEAAL BY
ASSIGNEE SHALL BE WITHOUT RECOURSE OR WARRANTY OF ANY KIND.
Assignor waives notice of acceptance hereof. presentment and demand for
payment. protest and notice of non-payment, and subordinates aU rights
Assignor may now or hereafter have against Buyer to any rights Assignee may
now or hereafter have against Buyer. Assignor shall have no authority to, and
will not, without Assignee's prior consent, accept collections. repossess,
substitute or consent to the return of the Collateral or modify the terms of the
Documents.
The Collateral was delivered to Buyer on 9~29-98
--....-.................ii5;t"e)"".--...--.............
WITH RECOURSE: If Buyer fails to pay any payment on the Documents when due. or if Buyer is otherwise in default under the terms of the Documents, or if Buyer or
Assignor becomes insolvent or makes an assignment for the benefit of creditors, or if a petition for a receiver or in bankruptcy is filed by or against Buyer or Assignor,
then in any of such events Assignor will. without requiring Assignee to proceed against Buyer or any other person or any security. repurchase the Documents on
written demand and pay Assignee in cash the balance remaining unpaid thereunder plus any expenses of collection, repossession, transportation and storage, and
reasonable attorneys' fees and court costs incurred by Assignee, less any customary refund by Assignee of unearned finance charges. The terms and provisions of
Seller's Assignment above the following described agreement are incorporated herein by reference:
.._-....-.---jldentffys.pecific ag;;;I;:;Mt-or;if;;~~-~:siio;~.ori;;;;j-.._--.-..-...-
Dated ______.._.._._...___..__.__________._..
Assignor
.--.-(N""i.meof.ind~idu;;i;"""c;;p~~tion.c;;.p;n;;;;ShipT....-.-..-.-.........~
By Ei:;!:.:.::~[;:;:~][:tEti~[f~ji~~~i~j~i~;}~1i~j~~~}f~~~t~~iI[t~t Trtle _.._...___._..._.._._..._.
(If corporation, authorized party must sign and show corporate title. If
partnership, a general partner must sign. If owner or partner, show which.)
WITHOUT RECOURSE: This assignment is Without Recourse as to the fin~ncial ability ~f the Buyer to pay, excep~ !Is provided i~ Sellets Assignment above or as ~ay
be otherwise provided in the following described agreement between ASSignor and Assignee. The terms and prOVISions of Seller s ASSignment above and the followmg
described agreement are incorporated herein by reference.
.--.---(iaentiiY.specTifc-agreemeni-o~.:.ifnone:-sho.;:-;:Non;;j----..-...
Dated
Assignor __.__._._.._._._...____.._.___..__.._._.._._._..._.__.___..._......_
(Name of individual, corporation or partnership.)
By lll~~:~~tj}':::~~. :~~~[~~~.:t~~E:il~~f:c~~~~~~~~~~~~~~~~L TItle ..._...___...___.__.__..__.
(If corporation, authorized party must sign and show corporate title. If
partnership, a general partner must sign. If owner or partner, show which.)
REPURCHASE: Assignor hereby agrees with Assignee that in the event of repossession of the Collateral Assignor on written demand will purchase the Sec~rity
Agreement from Assignee at a place designated by Assignee for, the balance remainin~ unpaid under .the Security Agreement plus any expen,ses of collection,
repossession. transportation and storage, and reasonable attorneys fees and court costs Incurred by AsSignee. less a':!y customary. r~fund by Asslgne.e of, unearned
finance charges and will so purchase the Security Agreement even though Assignee may have waived full performance ~f the prOVISions of t~e Secunty Agree.ment
by Buyer witho~t Assignor's consent. The terms and provisions of Seller's Assignment above and the following descnbed agreement are Incorporated herein by
reference.
.-....__........-..-.{id;~tify.s.p;ciii;;.~g~.~.;;;;;.;;t.~r:.if..n;~;:..~t;;;;-.-None ..j"-..-.'.......-...-..
Dated _...._....._..._............_..__..._._.__.._..._.._.._.-...-.---.--...--.......---
Assignor
......-..._.-.i.N~;;;e.ofj;;dj~d~ai:..~o;p"c;r;tio~-~r.p~;t~-;;ship~j._.................
By ;tg~W~::;/:;::~:~j:[;;:j;[tI:::::r::;[[:t~~~[:~~[f:}[~::~:::~~[[:~~:~[:~~:!:~~~[I::t;:[j\[j!!:::~it~~g::~[[~:[~:;~;:t[j[I; TItle __.__.__.___..._....._..
'.(irco;Pc;;.ition:.'au1h~.;i;;;d pariY- must sign and show corporate title. ,If
partnership, a general partner must sign. If owner or partner, show WhiCh,)
1.01
ORIr,rNAI I=OR A!':!':Or.IATI=!':
_~.~ .."_,~,~ 1,
,~" ,
I:
I'~
"'.. "j
Ii"";"''''''
MOTOR TRUex EQlilPiiIEiIT clillPAn
DELIVERY NOTICE
ATTENTION: MISTE DIEHL
FROM: JODI SMITH
STORE: NEW STANTON
SALESMAN: EDWARD C. GAUSSA
CUSTOMER: MELVYN TIERNAN DBA TIERNAN TRUCKING
MODEL: (3) 1990 PETERBIL T 379 NEW
SERIAL #: 1XP5DB9X8LN294954 294957 294958 STOCK #:
DATE DELIVERED:
SELLING PRICE:
FEDERAL EXCISE TAX:
PA STATE TIRE TAX:
METHOD OF PAYMENT:
USED _X_
TD294954 TD294957 TD294958
09/29/98
$94,500.00
CASH
X CHECK
TRADE
PAYOFF
SALES TAX
X TITLE FEES ETC.
X CONTRACT
TERMS
$ 9,000.00
$ 5,145.00
$90,645.00
ASSOCIATES COMMERCIAL
HOME OFFICE USE ONLY
FLOORPLAN PAYOFF DATE: ----1----1_ PACCAR
METHOD OF PAYMENT:
APPROVAL:
REVISED (5/97)
ASSOCIATES
o
~-- -~.- - --_.,-_.--_._-----~,..,..,...--...-,------...-.....
CARLISLE
RE(\UESTFOR DISBURSf"llENT
I
23439
I
NEW STANTON
CLlNTONVILLE
'.MOTIJR TRUCK EQuIPMENT cOlIIPANY
REFERENCE NUMBER
DUNMORE
. .:;:
,
Address
6"'A1,1~1/~~ # Y /.tf
#4 d,1~
8'<<r,!#/L '/ /JtOh/.r ~A,dt!'J
//11/ f. i"roA./ ~r/lr
#m-o./k:;~ //1 /'7/tf1C/'
$
/7/5"~
~YTO:
Name
Z.. ~h.d,!eI I~
('g -f-k.fd
AMOUNT '
.
7/.J: dO
CASH
NEEDED
BY:
t' CHECK
,
ECEIVED
y
EQUESTED
y
ETURN CHECK TO:
. NAME
~~ENT (c)-2-98 c-A/r,t#-;;)j )-)3
hel/' )(. h/&
(;.;m~ ./f-I .4itfPe.
. ADDRESS u/ 4#Adr'c/ /~//tut7/L /"
~#r,4J€'d nl/I'/H/u.l/ rP?'(/i!'J//.
TOTAL ~ /7/ ):IlO
ITE-17 R 7197
Cd:7J~ ?.b~?
APPROVED BY DATE
BRANCH FILE COpy
~"'1m1~l<lI~'b'~~
No.
-
,
.
.
,
o
.
.
<
-
~
G,
H.
~M~ .
"-~
.
,--.;J,-'
...J..,......,,~IJi
....- ~ ~~
~<"Li...._...,...~""'<tIii,:,~"','
8229356
A.
. '
PA ~7B?'76o;~;DT111.E:rz /fi':CLE /.:I~
veHICLE IDENTIFICATION NUMBER CONOmON
/XPS, WSy rJLN--299'?sJ h.(GOOO
~ME(PRFUlLB~MEl ~ ARSTNAME /_.A MIODLE'INITW.
///d-A,- // ~ Ca:-'" "r I' A. AA-~V
CO,SEliER P' / / ~
,
, . .
-
. .
. .
, ~ilFii!.I<AsE
PRICE
(See note on reve~)
Q
~~
0<
-,
'0
-~~
.
o POOR
LESS
TRADE-IN
OFA'R
B.
WCABLE
AMOUNT
"
~
-
.
.
Sales Tax Due
, .'I.o.l"
x7% .07
(5eenote on reverne).
~~:.m~(must
be a number'from 1
10 23 or 0)
~~'.,7t?92'PSec""''''''"~nt
.
.
c.
lAST NAME (OR FULL BUSINESS NAME)
77b'"" //.H71
a:: CO-PURCHASER. '-'
~ /J/<8 ~-V-/1~ 7?a~~/7Cj'
o
~ ISlREET . ,,/ '-'"
~ '/?Ll; I'fpy .::?/Y'
CrTY/]_ . / fiT;;' .4 ZIP CODE ' I TELEPHONE NO.
r~/fi/,dp1"fl /.1V7,:rI,"~
D. L4ST NAME"TOR I"llLL BUSINESS NAME) FIAST NAME . MIDDLE INITIAL DATE ACQUIRED/
PURCHASED
4. Registration or
Processing Fee
.
FIRST NAME MIDDLE INITIAl
/11~ / Vu /1
D~~~~~~EO/
P'Y-194,r
~
2. Title Fee
2d.Sl
S-:~
/L%?.sa
" ,
'," ,
.
.
.
.
"- 10.
.
.
.
3.Uen
Foe
.
-
~
. .
, .
. .
<
. ,
~ 0
"
Q ~
~ .
Q
~
E.
~o
g~
H
~~
F.
CO-PURCHASER
Fee Exempt Number
as assigned by the
au....,
5. DvprlCate Reg.
Foe
No. of Cards
6. Transfer Fee
.
STREET
,
ClfV
STATE
ZIP CODE
I TELEPHONE NO.
II )
.
MAKE OF VEHICLE
VEHICLE IDENTIFICATION NUMBER
7. InCTease Fee
.
MODEL YEAR I BODY TYPE (CP, TK, ETC.)
ORIGINAL PLATE ~/ Check One 0
Y TRANSFER OF PREVIOUSLY ISSUED PlATE
o PLATE TO BE ISSUED BY 0 TRANSFER & RENEWAL OF PLATE
BUREAU (PROOF OF IN-
SURANCE MUST BE AT- 0 TRANSFER & REPlACEMENT OF PLATE
TACHEO.) 0 TRANSFER OF PLATE & REPlACEMENT OF STICKER
o EXCHANGE PLATE TO BE
..--'1../' ISSUED BY BUREAU PLATE NO.
t=:f TEMPORARY PLATE
ISSUED BY FULL AGENT
ICONDmON
o GOOD
8. Replacement
Fee
OFAlR
o POOR
.
TOTAL PAID
(Add 1 thruB)
SendClne
Check [n
This Amount
'.
/7/Kd4
,
11.GFiAND TOTAL
(Add 9 & 10)
REASON FOR REPLACEMENT
DlOST 0 DEFACED 0 STOLEN
DN~~~~f~~~O~~E~~b~ block is checked. armlfcanl must comolete form MV-44.
IVlN
"
0%
.0
afi
~;
~~
u
<
EXPIRES
Month Year
TRANSFERRED FROM TITLE NO.
z./('-(,/Vl/'l SIGNATURE ~vr- PERSON FROM ..SIGN HERE ' IRE1ATIO,NSHlPTO APPUCANT
,TEMP. PLATE NO., ~~~D rrk61fuEI~ nW,NZ,pu~ ,.. I
VEHICLEPURCHAS, ED "'GVWR I~EO.REG.GROSSWT. REo.. REG. GROSS COMa ~A' l-^^
'7FE>.~'t[,~k"LE} '. r ,INCLUDING LOAD WI. (IF APPUCABLE) A (/ OVV
'':if''~C .COMP""V NAME, __ A' _, /.: POLICY NO. 'OR,_ . .. _ '"., ~,,/ ~ ...JE9UCY ~~Tlva- d" I~ E,,!, O.
/C& -:L /~~~r/,/~/t/~ (11. ATTACHBINDER1AJYI" /4,{a/e>J ,//O'ATE J "'"7,iJ IDATE.l
ISSUING I CERTIFY THAT ON MONTH q DAY YEAR ISS'yIN~GENT~~~E;J..,. C;, L..I.AGE~....A ;"'/.~.
AGe;NT I HAVE CHECKED TO DETERM'!'~.]HAT THE VEHI.e~~~NSURED ~ND r fe, VI dJ ~ uP ", /'
OR ISSUED TEMPORARY REGISTRATION TO THE ABOVE APPLICANT. IN
INF ~ COMPUANCE WITH All APPLICABLE PROVISIONS OF THE VEHICLE CODE ISSUING ~ 51 YJAT1E9: - ,,/u:,O ~TELEPHONbN.Q.-=- ~~J
MAllON AND DEPARTMENT REGULATIONS .....-,/ ~. /'( ~ I ,~ '"CI,U".
IIW~ CERTIFY THAT I/WE !ilAVE EXAMINED AND SIGNED THIS FORM AFTER ITS COMPLETlON A9/9, THAT THE INFORMA110N GNEN IS TRUE ANI:> GORAl . IF AN EXEMPTlON
IS CLAIMED. THE PURCHASER FURTHr.1ER CERTIFIES THAT HE/SHE IS AUTHORIZED TO ClAIM TH~~~~EMPTION I/WE ACKNOWlEDGE THAT IIWE MAY LOSE MY/OUR OPEAATlNG
PRIVlLEGE(S) OR VEHICLE REGIST ~~S) FOR FAILURE TO MAINTAIN FINANCIAL AESPQN$IBllJTY ON THE CURRENTLY REGISTERED VEHICLE FOR THE PERIOD OF
REGISTRATION I/WE ACKNOWlED E ....T I/WE MAY BE SUBJECT TO A FINE NOT EXCEEDING 55.000 AND IMPRISONMENT OF NOT MORE THAN TWO YEARS FOR ANY
FAL$E STATEMENT THAT I/WE M K ON rHis FORM
1ST :J.n~ ~rst~ h~et ~Sjgner
AS$IGN~ Sigfiatl9'l 01 _ rc as~lIe of Authorized Signer
MENT V '
%
o
~
o
~
.
o
:~~~'~II~
Signature of Second Purchaser or Authorized Stgner
Signature of SeHer
2ND
AS$IGN.
M~NT
Signature of Co.Purchaser/Title 01 Authorized Signer
ISignatureofco-SelJer
%
o
w~
e.
0"
~
3
IF A COPURCHASER OTHER THAN YOUR SPOUSE IS USTED ABOVE, CHECK ONE OF THESE BLOCKS. IF NO BLOCK IS CHECKED. TITLE WILL BE ISSueD AS
"TENANTS IN COMMON.~
A 0 JOINT TENANTS WITH RIGHT OF SURVIVORSHIP ON DEATH OF ONE OWNER. TITLE GOES TO SURVIVING OWNER.
S. 0 TENANTS IN COMMON - ON DEATH OF ONE OWNER. INTEREST OF DECEASED OWNER GOES TO HIS OR HER HEIRS OR ESTATE.
NOTE: IF THE VEHICLE IS BEING LEASED, CHECK THIS BLOCK D. IF BLOCK IS CHECKED, COMPLETE AND ATTACH FORM MV-IL
MESSENGER NUMBER:
o
1. BUREAU OF MOTOR VEHICLES
,~-
"
I I I,. '~ "
.:I..,
I'....... _"""'.,,-*
_r--,.-- ~:~;:1l>'>'"---"-"""
'. ,
.-,,--.---..,,0'; _,,_.....-"...:..........:c-'-.__. .,+_'_ ____:...~
] CARLISLE
REnUEST FOR DISBURSEI\I1ENT
] DUNMORE
~ NEW STANTON
J. CLlNTONVILLE
I
MOTOR 'mCR:" EQUIPMErrr cOMPUv
.
REFERENCE NUMBER
23441
__ J
: ..;\.'.
..f.'-
PAYTO: ( U' ~ fL-//
Name ,"?fi,/t! d1:~:~/I /7
Addr~sS"''l''LrlJ1# Y Atj.,k/ jr,tPji,rHI
, //.(7/ I~ti4~ .rff~L
; . "~~~/'J. v../y. /~ /?/cJV
$
/;7/r~-
EXPLANATION:
:?;;O~S?)3
'1/..1.06
] CASH
-( CHECK
,ECEIVED
3Y
. NEEDED
BY:
'A YMENT
JATE
/()P-ctP eNd#. :2SJ7/
lEQUESTED __ / /' /' . / /
IY / Pc'/!' A' J H1)../?J
lETURN~H~~::O: U-m/ /1/ -4.i?t/ti tJ/
. ADDRES:.4#n7""kcl.t:l7rd.A?/~ /./1
"
. '/pt('$.r/c! *,-'//11';/-1- ef4(/t!4/~,
TOTAL ..
ATE.17 R 7/97
~gA ~~?
'BRANCH FILE COpy
"""'~~"""'I~I~
-
1,<.
'........~
~;
0' 0',"" .I, -...,;:t;;
~lW#H~;
No.
I
8229355
. . .
A. PA TITLE NUMBER (AS SHOWN ON ATTAt:HED TiTLE) MAK:1~ VEHICLE 1-1- PURCHASE
0 '1J7370:57J>? IJ I Kr L. - 1J f PRICE
:...11I
~. (See- note on reverse) l , . .
o'
:E.5 VEH~LEIDENnACATIONNUMBER CONDITION
w.
>, I xfJ S- 0/3 qXg LN;l qlf 95Y IJ!G1;OOD lESS
. o FAIR o POOR TRADE.IN
. .
B. ~ft;U~~:l' &_' I F'RSTNAME J_/ MIDDLE INITIAl.: TAXABLE
. ~
w , AMOUNT . .
~
w co.SELLER IY , / <.....:./ Sales Tax Due
.
x 6% !.061 or
x 7% .07 . .
lSee note on reverse).
~ C, LAST .NAME lOR FULL BUSINI;SS NAME) FIRST NAME MIDDLE INITIAL DATE ACOUIREDI ~:~~~~{must
z S-
. 7'7 f? f' /J A71 .4/~kJ/// P~~^)"~- 9 g
.
z be's number from 1
0 to 23 or 0)
;;
~ . CO-~~~ /#/"""/1//77 ~/' /:../"' '~ ;:;'''2 3Ll17,J 18 Second Assignment
.
~ ~ 'J'~~
0
. STREET /?t7X ,"< /t/ u
~ If/! / ~.fl
~ 2. Title Fee
.
ClTYA '.I~" r ST^)f~ '/!-7}7J I;ELEPHDN"~,_(/ JJ? 3.Uen ~~
Fee
.
D. LAST NAM LL BUSINESS NAME) FIRST NAME MIDDLE INfTIAl DPJ'E ACQUIRED/
PURCHASED 4. RegistraUon or /L1"7.Ja
, Processing Fee .
CQ..PURCHASER Fee EXempt Number "
~
. . as assigned by the , ,
. " Bureau ,
z .
0 . STREET
.
;; z 5. Duplicate Reg.
. 0 F"
. .
0 , No. of Cards . .
z .
N 0 CITY STATE ZIP CODE I ;ELEPHONE NO. 6. Transfer Fee
~
( I .
.
E. MAKE OF VEHIClE VEHICLE IDENTIFICATION NUMBER 7. Increase Fee
~o . .
g~ MODEL YEAR I BODY TYPE (CP, TK. ETI:.) I CONDITION
z. 8. Replacement
~~ DGooo' o FAIR o POOR F"
- . .
F. ORIGINAL PLATE V Check One o TRANSFER OF PREVIOUSLY ISSUeD PLATE 9. lD.
TOTAL PAID
o PLATE TO BE ISSUED BY o TRANSFER & RENEWAL OF PLATE {Add 1 throB) , . .
BUREAU (PROOF OF IN- o TRANSFER & REPLACEMENT OF PLATE
SURANCE MUST BE AT- Send One
TACHE D.) o TRANSFER OF PLATE & REPLACEMENT OF STICKER 11.GRAND TOTAL Check in /7/.f'. tf()
D EXCHANGE PLATE TO BE (Add 9 & 10) This Amount ..
ISSUED BY BUREAU PLATE NO. REASON FOR REPLACEMENT "
~ TEMPORARY PlATE OWST o DEfACED o STOLEN
. ISSUED BY FULL AGENT EXPIRES DN~~~E~~C~~~O~ijE~:Hr block is checked, ""'oliean! must comorete form MV-44,
~ Month Year
z TRANSFERRED FROM TITlE NO. VlN
0
~ ZI<-101Y'IE , ,
~ SIGNATURE OF PERSON FRO~ ~ SIGN HERE I RELATIONSHIP TO APPUCANT
. TEMP. PLATE NO. WHOM PlATE IS BEING TRANS-
. FERRED (IF OTHER THAN APPlICANT)
.,
VEHICLE PURCHASED ~ GVWA REO. REG. GROSS WT. REQ,REG.GROSSCDMR %'0. OtJO
WEIGHT INFQ . INCLUDING LOAD WT. (IF APPUCABLE)
(IF APPUCABLE)
?~NCE Pl-Z-ANY }1"!"' ,~-, ..z;;;/#'//r'Ao ~ ~~\I;.I~~)AIj(C /&;1 aM..) oM PDUCY EFFECTI~ r l:;ouCY~;':'?J;
DATE J -f DATE _ -
ISSUING I CERTIFY THAT ON MONTH '~ DA~~_~ 'S;;~G.z ~~l~ c::., , /. AGf~':: ~ /9
I HAVE CHECKED TO DETERMINE J THE VEHIC INSURED AN -""/'tI
AGENT IssueD TEMPORARY REGISTRATION TO THE ABOVE APPUCANT, IN NCf
INFOR- ISSUING A ~~A~ /J' ~~OtE NO. ~
MAnON COMPUANCE WITH ALL ApPUCABLE PROVISIONS OF THE VEHICLE CODE /.
AND DEPARTMENT RE,GUL:AT:!ON5. , ,,:.r::~
G. I/WE CERTIFY THAT I/WE HAVE EXAMINED AND SIGNED THIS FORM AFTER ITS COMPLETIr-i~~/HAT THE INFORMATION GIVEN IS TRUE AND CORRECT. IF AN'ExEMPnON
IS ClAIMED. THE PURCHASER FURTHER:CEATlFIES THAT HEISHE IS AUTHORIZED TO ClAIM EXEMPTlON.I/WE ACKNOWLEDGE THAT I/WE MAY LOSE MY/OUR OPERATING
PRMLEGE{S} OR VEHICLE REGISTRATlONIS) ,FOR FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY ON THE CURRENTLY REGISTERED VEHICLE FOR THE PERIOD OF
REGISTRATION. I/WE ACKNOWLEDGE THAT IIINE MAY BE SUBJECT TO A FiNE NOT EXCEEDING $5.000 AND IMPRISONMENT OF NOT MORE THAN TWO YEARS FOR ANY
FAlSE STATEMENT THAT I/WE MAKE ON THIS FORM
z ~~HrorAut~dSigner SignaluC' -
0 1ST
.
u ASSIGN- ~re ~urcnasf!r/Title of Authorized Signer Signature of Co-Seller
~ MENT
0 Signature 01 $ecorn:l Purchaser or Authorized Signer Signalureof Seller
2ND
ASSIGN. Signature of Co-Purchaser/Title of Authorized Signer Signalure <;,f Co-SeUer
MENT
H. IF A COPURCHASER OTHER THAN YOUR SPOUSE IS USTED ABOVE, CHECK ONE OF THESE BLOCKS. IF NO BLOCK IS CHECKED. TITLE WILL BE ISSUED AS
< ''TENANTS IN COMMON..
0
wO A- D JOINT TENANTS WITH RIGHT OF SURVIVORSHIP - ON DEATH OF ONE OWNER, TITLE GOES TO SURVIVING OWNER
~.~
O' S. D TENANTS IN COMMON - ON DEATH OF ONE OWNER. INTEREST OF DECEASED OWNER GOES TO HIS OR HER HEIRS OR ESTATE.
~ NOTE: IF THE VEHICLE IS BEING LEASED. CHECK THIS BLOCK D. IF BLOCK IS CHECKED. COMPLETE AND ATTACH FORM MV-IL
~
, MESSENGER NUMBER:
0
1. BUREAU OF MOTOR VEHICLES
~~
I"
L '"i'l1'~~"
.,.....------- --.-----:---...---.- ~---'--'---'.__. . ---.-------:..-
i CARLISLE
'REnUEST FOR D,ISBURSFI\JlENT
, "
- -.>,..... ,.
NEW STANTON
I
MOTOR TRUCK EQIRPMErrr' COIIPANY
REFERENCE NUMBER
I DUNMORE
23440
i CLlNTONVILLE
I, ;l
Address
~/J141Q"'JJ~,4//4 t/ /11
/A /J. o,~
dtA"~A-U M,4v nh"d~J
. //D/ f. ;e',tJ4/ /h-///
//#Yr/:/.IIL~/ /# /'7/I?Y
$
/7/S-~
'AYTO:
Name
,XPLANATION: ". / /
/;>'T~ -
e//1 -L~ ///r/1'./;U
f AC It/dee ,-"
'4/F-fC~
AMOUNT
.
/7/.J: tIC)
, CASH
NEEDED
BY: "
I CHECK
:ECEIVED
Y
~~ENT /O/2-9<f' dcHdi-ST)2
4~' /: k;~
. NAME (/fmt' Af //~,e b/
. ADDRESS ,.f#A-tkc/,/1/~;/L/Q/L /;,
~ I'} t" ,.&./&/ vff';///I-JY ~P1(/t' ,jA"-
EOUESTED
Y
ETURN CHECK TO:
7/S: .tit)
CdV~ ~#Y
APPROVED BY DATE
BRANCH FILE COpy
TOTAL ~
lTE-t7 R 7197
:~iC~=""""'"'"t=H.lI'IWIlllJI""~ .
No.
lA,
o
WW
""
0<
-x
~~
. ,
.
"
Z
~
x
.
.
"
<
~
Sales Tax Cue
'6%1.061'"
x 7% .07
Seenoteon~eJ.
lA Exemotion S .
Reason Code (must
be a number from 1
to 23 or 0)
18 Fht Assign~ent I .
fr~~ " ~77..m
11.GRANDTOTAL
(Add 9 & 10)
. I REASON FOR REPLACEMENT
DLOsr 0 DEFACED 0 STOLEN
EXPIRES I DNEVeI'lReCElVEOllOSTINMAlLl
Month Year NOTE: If "NEVER RECENED~ block is che'"ked. aoolicant must comolete form MV-44.
TflANSFERRED FROM i1lLE NO. V1N
ef( - ~/Y; J(:J ~~TEOFIS '~~~N ~~ t.. SIGN HERE IRELATIONSHIP TO APPUCANT
TEMP. PLSJ"E NO. FERRED (IF OlHER THAN APPUCANTl r I
VEHICLE PURCHASED ~ GVWR ' REQ REG. GROSS WT. REQ REG. GROSS COMB. e:r' A _ _ _'
~~~~JfLE) r INCLUDINGLOAO, WT. (IF APPUCABLE) dl/,'I'VY~
!NSU~, COIA>:....y NAM, . ~ r"A- / --", /... PQUCY NO. (OR POUCY EFFECT'," INlJC~P~ION
CJ7':.../--.v n/. LAJ. U? ATW;HB'NDER)A'K~/J';/()t7~.r;.-()O DATE ..r:::;;;~?' IDATES - .;:...,.
ISSUING 'CERTfFYTHATONMONni qr DAY YEAA~X ~~~G}.:'ENT(PRI!:![.NAME),~ /:"; . _ .J{:GEpq;!:!9-_..../~.
AGENT I HAVEC,HECKEDTOD, ETERMINE,:T'1AT.1fiEVEHICLE!~!NSUREO__~D ~r ~",~,. e=~~ T,J "VP, , /C/T
ISSUED TeMPORARY' REGISTRATION TO THE ABOVE APPLlCANT,IN ' &
INFOR- C,OMPUANCEWI,THAlLAPPUCAB" LEPROVISlONSOFTHEVEHICLECODE ISSUIN S1G~ ~~~ . TELEPHO,,'N~~~,"-',
MAroN AND DEPARTh:1ENT REGULATIONS. i .r y ~- } '7"~,
I/WE CERTIFY THAT I/We ~vE :EXAM, INED Ar,.JD SIGNE, D THIS FORM AFTER ITS COMPLET!O~ND THAT THE INFORMA~ON -G~:IS 1'R,UE AND CORRECT. iF 'AN EXEMPTION
IS ClAIMED. THE PURCHASER FURTHER CERTIFIES THAT HE/SHE IS AUTHORIZED TO CLAI~!!:I~~_EXEMPTION. I/WE ACKNOWLEDGE THAT IIWE MAY LOSE MY lOUR OPERATING
PRIVlLEGE(S) OR VEHICLE REGISTRA:~N ;~ oR FAILURE TO MAINTAIN FINANCIAL AE~PONSIBIUTY ON THE CURRENTLY REGJS1'ERED VEHICLE FOR THE PERIOD OF
REGISTRATION. l/WE ACKNOWLEDGE' II EiMAY BE SUBJECT TO A FINE NOT EXCEEDING 55,000 AND IMPRISONMENT OF NOT MORE THAN TWO YEARS FOR ANY
F.A.LSE. ST.A.TEMENT THP"j If WE MAKE ON 5 RM. ~
1ST ~ ~ser r ftrome:Signer Signatured,;;;t;;:;E'
~~~- Si~ri 0 ertTffie of Aulhoiized Signer Signature of Co-Seller
l/ .
<~~,
-
.......
1.[
~. -~~"",""'-"-,'-~
. ~"
8229357
B.
. I'
iRA'TITlE NUMBER (AS SHOWN' oN ATTACHED nii..f:)
P..(::?Y76d/,;;'~/ K'C
,VEHlCU: lDENllFlCRION NUMBER
/ x/5/J,b'fx rZ./Y,'1'1'9'7J"F
USr;:E (OR FULL BU~SS NAME) _
pJt?:6,r<r/">I:4/.. r-",-,h
CO-SEliER '" ,
TAXABLE
AMOUNT
MAKhk:'-~ .#
puRcHAsE
PRICE
(See note on reverse~
CONDITION
~GOOD
LESS
JAAOE.IN
,
o FAIR 0 POOR
FIRSli NAME L.,... MIDDLE INITIAL
J.....d/~".. U..-.,,-
/ -----./
<
.
,
.
.
c,
lAST NAME jaR FULL BUSINESS NAME) FIRST NAME
& ..-./~ N__ A./fpp/1
II: CO-PURCHASER . V
I d?!d- ~,- A~ 7.?=.a ~ .//'/7 q
~ sm;e.4 / /f'dX' ,-< /(/ . '-""
C'/1U-.n;-", . A h: I
3.Uen
F..
MIDDLE INITIAL
CATE N:,Q~UIRED/
""'_"!'ASE -~
"r'-_ _7f
2. TiUeFee
STATE /.4
ZlP CODE I TELEP, HONE NO.
/ "'I 1(7-l<<",~6.Y..&l"(
D. CAST NAM
BUSINESS NAME)
4. Registration or
F'rocessingFee
FIRST NAME
MIDDLE INITIALI ?ATE ACQUIREDI
I PURCHASED
"
x
W <
.
x .
. .
S
. (;
~ <
0 ,
~ .
.
z
.
E.
wo
"W
~i
~-
F.
CO-PUACHASER
Fee Exempt Number
&rea~.bythe
5. Duplicate Reg.
Fee
No. of Cards
6. Tlansler fee
STREET
CITY
STATE
ZlPCOOE
I TElEP1-IONE NO.
I( )
VEHICLE IDENTIfiCATION NUMBER
MAKE OF VEHICLE
7. Increase Fee
,
/'CONDlTION
o GOOD 0 FA'R
o TRANSfeR OF PREVIOUSlY ISSueD PlATE
o TRANSFeR' & RENEWAL OF PLATE
o TRANSFER & REPLACEMENT OF PlATE
o TRANSFER OF PlATE & REPLACEMENT OF STICKER
BODY TYPE {CP, TK, ETC.,
MODEL YEAR
B. Replacement
Fee
o POOR
ORIGINAl PlATE V Checl\; One !
D PLATE TO BE ISSUED BY
BUREAU (PROOF OF IN-
SURANCE MUST BE AT-
TACHED.)
EXCHANGE PlATE 10 'BE
ISSUeD BY BUREAU
TEMPORARY PI.ATE
ISSUED BY FULL AGENT
T()l74.LPAlO
(Add 1 thru8)
<
~~
~~
,,-
~I
<
o
ar
PlATE NO.
G.
x
o
.
o
~
ffi
o
Signature of Second Purchaser or Aufhorized Signer
Signature of Seller
'NO
ASSIGN-
MENT
Signature of Co-Purchaser/Tille of Authorized Signer
Signature of Co-SeUer
,.~"
b...-.~~........
Ir
r~~_jti,_.-,
.
.
.
.
.
.
.
.
18 Second Assignment
;;; do, S2
s.tV
/LJ?9. rz
. '
," '
.
.
.
.
9. 10.
.
.
.
.
.
.
.
.
.
Send One
Check In
This Amount
.
/7LC4vt
IF A COPURCHASER OTHER THAN YOUR SPOUSE 15 USTED ABOVE, CHECK ONE OF THESE BLOCKS. IF NO BLOCK is CHECKED, TITLE WILL BE ISSUED AS
"TENANTS IN COMMON.~ '
A 0 JOINT TENANTS WITH RIGHT OF SURVIVORSHIP ON DEATH OF ONE OWNER, TITLE GOES TO SURVIVING OWNER ,
8. 0 TENANTS IN COMMON - ON DEATH OF ONE OWNER, INTEREST OF DECEASED OWNER GOES TO HIS OR HER HEIRS OR ESTATE.
NOTE: IF THE VEHICLE IS BEING LEASED, CHECK THIS BLOCK O. IF BLOCK IS CHECKED. COMPLETE AND ATTACH FORM MV-IL
MESSENGER NUMBER:
H.
~
"
1. BUREAU OF MOTOR VEHICLES
o
-
-
.~.,~
II
Lo
.
~. "'~-,. """
-
~d itllOl SECd':'RITY AGAECEMENT (f _ Ii
~ Ie,," Itional Sale ontractl 7 -,
. .. The undersign6d buyer. meani"g all buyets jointly and severally ("ewer")~ h.1....ing beeN quotQd both 8 time sate price and cash salt!
price, has aled.ed to putchSse and Mteby purc1\ases from th~ unde.rs{gnoo seller t"SQUer'" for tht'l time sale price equu\ t'ofJt tno cash price litem 1)
plus. t!1e rata' insurance COuts litem 4J e'us the tptif other CQsts (it!,m 5) plus the financ' charge (item 7t $hown below. onder the term~ and
~rOVlSIQ"3 of this agreement. tho followIng d~scrlblKi property therem. with all preS8rrc snd future 3ttachmets. <)ccassorite:s. replacement parts
.-epairs, additions. arid aU proceeds thQreof. referreo to 3S "Coltatera'''): .
r "
y.~~
f. -
! 1>99
i
I
i
L
Make
Kenworth
Model
W.900L
Description
Ttttetor
Idantific:nion Number )
",_.,"n~ -I
I
coll.W.' Will n. Kepr At (Add,essl: ..~~....~._8.().~_~..1.~._~~.~~~<)!,.().~~~_.........._........_......_.......County ~.'f,m!L.....,..__.,.. ._................$'at. ..!'.e-.....................
INSURANCE COVERAGE
LIABILITY INSURANCE COVERAGE FOR BOOll Y
il\lJURY AND PROPERTY OAMAGECAUSED
TO OTHERS IS NOT INCLUDED IN THIS
e,GREEMENT.
'H"SICAL DAMAGE INSURANCE COVERING THE COLLATERAL IS
lEOUIRED; howave-r, Buyer h,as tho option of furnishing the required
-ISl-I(anCB aither through existing pljUc:las or through ~t'\ a.gant Qr brokol'
f 6uyer! chQice.
-'"1 BUV~( requQ$ts and authori2:El$ S(llll'}f to obtJin the insurance
~ cov~rage1 checked 4(31 Insurance COSts on tt~9 Collateral for
1" mont~ and tor the premium S8t foith 4(.aJ lnsvn.mc6 CO$tr,.
-,
;...'-11
"",
~o
!
.,
~l 8'.ly.er h~~ Qbtainod the fequired ~o"~rages t'lrauQh:
)~l.y l(, t:iJCIfl!~t. INC. '0 1l0X 1'S8 ...tnOHA. J'A. I S141- 01~a
....'.....-.-..----.....-.-..iAg;ni:"'i..Ni~;Qnii(i(rAdd7e;sT.....-~.-..-"'.......__......_.--.........
......_.,..............ASSOClATfS.1NS...s:P...................
<Name ;)f In~uranC4l CQffipan.,1
tEOIT INSURANCE, if included. i$ not ;J; (~CtO( in the approval of credit.
flot rOCjllired by the Seller and is: for the term of the credIt anly_
Buyer det.ires Credit Ins\JfBnce: Premium $ ..._._____~._..~...._.._.....__.
IEf\nI' *v. ,mr ;n 4tbl ./NSlIItANCE CHAJtGESl
U Suyer hereby reqvests and authorizes Sallsr to obtain Crsqit
3 lns\Jta1"lC1;l, if ctul,cked a~ove, to the extent the. co~t thefQot l$
included in Item 4tbl ~ Insurance Charges.
Sl.Jyer doe$ not want Credit [t\-311rance.
YE~.( ~..,." . '.~~;;,;,.~.;.-:;.;~:;;.;;.,;?:.'!.:9..s......
t lit l.'Ieln. CillClic Jr'I,uf.tI(:e does not cover ;Inv <:o-bvYer., .
1. CASH PRICfi...._.,........................................,......_...........__ $
2. (a) Cash Down Payment......_.... $ 9.000.00
Trada~lo:
Q(OSS A"ow~nca._..._........d_ $
less: AmolJnt Owing.....___...._$_
(bi Trade.in INel AllowanceL... $
Description of Trede-!(l;
TOTAL DOWN PAYMENT fa + bL........... ................. $
99.730.00
0.00
0.00
0.00
9.000.00
3. UNPAID CASH
PRICE 8ALANCE 11 M;noe 2L..,............~..
.$ 90.730,00
......"........--, ---------------.
4. INSURANCE COSTS
(8) Physical Damage
In't..Ifance cQverage,
as checkBd below.
tor .....hm____' months frorn
the date hereof .._..1.():.!l:.~iL$
0.00
o
$ Deductible Fir e. ThMt. Combined
_..._.~--_........~--.- Addlt10nal Coverag8. and
~_....~_____._..........___ Deductible Collision: or
o
~_.......__."'u___......_..__ Deductible Comprehensive and
~........___._........____._. Oeductibla Collision. .
{bJ Credit Ute Insurance
for 1M 'term 0-1 '(he
credit only......_____........_...__$
0.00
TOT AllNSURANCE COSTS fa + bl .........................
5, OT....ER COSTS (Itemizol
s 0.00
"'-~-
Ca) Registration Qf Ucent;;;e .~___ $
th) Title fee __............____.._..._.....$
(el ..____~__.._._.__......$
TOTAL OTHER COSTS la + b + oJ
0.00
0.00
0,00
...............................}
0.00
6. PRINCIPAL AMOUNT FINANCED {3+4+51 ............$
7, FINANCE CHARGE ........,............................._....nn_........~
8. TIME BALANCE (6'" 7) ..............__........,...._'.... ....$
90,730,00
26.954,00
117.684.00
6 ~IO~ dRO~~~~UKj~VQ'ti?;;:rNo.p~~.ted.......-.m........_..1g:.~4~-..--....-.... ~et~oc~.-T~~~.ii~w~~~~~j1;d;i:'Wiiho;J~,im1taiiOn:--.ari.Wem'~TCOij~i';,;i'.~i'ih..iho.-.ic(l~oU~f~~
;rj;y.my;6.,:.-.....fxiwff6Ci5cox.:;17i44:i-....:.~._..-.....---..-.,.....-.....-_.....~ ..--- .--. .....
.._...,-..._--~._.__.-._.._.~,..__.........
118 Rev. 4-94
m'l Vflh,P,A
Buyer's
Initials
[~~~.::::!
ORiGINAL FOR ASSOCIATES
P'O/t:'0'd
9SS~'3"3UTL.
OJ l.N3"d In03 >Dfldl. dO.lO"i
c0:zr 000Z-01-83~
~.~~' =~,<-
," l
, ~ " I j ~ "
, <"">"""'ll~'i
.
,
, .
CERTIFICATE OF SERVICE
.</-h '
AND NOW, this J 'I day of February, 2001, I hereby certify that I have served a copy
of the within document on the following by depositing a true and correct copy of the same in the U.S.
Mails at Harrisburg, Pennsylvania, certified/return receipt requested, postage prepaid, addressed to:
Melvyn Tieman
d/b/a Tieman Trucking
R.D. #1, Box 314
Perryopolis, PA 15473
CALDWELL & KEARNS
By:
"'~ ^ > "
,1,
~ "
"','-'b'.,-^ . '
"',~
,,,,,-'-~,,,=,I, ;b
~ "
MOTOR TRUCK EQUIPMENT COMPANY, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
: NO. 00- P.33~ C,A '7-~
v.
MELVYN TIERNAN, d/b/a/ TIERNAN
TRUCKING,
CIVIL ACTION - LAW
Defendant
WRY TRIAL DEMANDED
AFFIDAVIT OF SERVICE PURSUANT TO Pa.RC.P. 237.1
COMMONWEALTH OF PENNSYLVANIA
: ss:
COUNTY OF DAUPHIN
AND NOW, this 22n' day of March, 2001 personally appeared before me a Notary Public in and
for said County and State, JAMES R. CLIPPINGER, ESQUIRE, and files this Affidavit on behalf of
Plaintiff, who does affirm that as attorney of record of Plaintiff, Motor Truck Equipment Company, he
did serve a true and correct copy of a Notice of Default on Defendant, Melvyn Tieman, d/b/a Tieman
Trucking, in the U.S. First Class Mail, postage prepaid with attached Certificate of Mailing at Harrisburg,
Pennsylvania on March 21, 2001, to the Defendant's last !mown address as follows:
Melvyn Tieman, d/b/a Tieman Trucking
RD. #1, Box 314
PerryopoIis, P A 15473
A true and correct copy of the Notice of Default Pursuant to Pa. RC.P. 237.1 and the Certificate
of Mailing are attached hereto collectively as Exhibit" "
Ja
Sworn to and subscribed
before me t . day of March, 2001.
n'875/22394
NOTARIAL SEAL
TAMARA S. HAIR, NotaiyJ>ubI\c
City of Harrisburg, Dauphin COunty
My Commission Expires Aug. 26'
""I J, 1_ ':" ""0",'" -',-'_
-,;; ,',I"',, <,'_ _",< ~"__~__''''';
MOTOR TRUCK EQUIPMENT COMPANY, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO.
v.
MELVYN TIERNAN, d/b/a/ TIERNAN
TRUCKING,
: CIVIL ACTION - LAW
Defendant
: JURY TRIAL DEMANDED
NOTICE OF DEFAULT PURSUANT TO Pa.R.C.P. 237.1
TO: Melvyn Tiernan, d/b/a Tiernan Trucking
R. D. #1, Box 314
Perryopolis, PA 15473
DATE OF NOTICE: March 21,2001
YOU ARE INDEF AUL T BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF
YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARlNG, AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VEALAWYERORCANNOT AFFORD
ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
Re ectfully submitted,
CA ELL & KEARNS
By:
Date: '"3/2 i l<Sl
78,875/22393
"
en
ci'
3
w
~
:-'
;::
!'l
'"
'"
'"
"
oJ
"v
~?l ~~ c
~-<~
~. ~~~
~c: 00
ocnj;!
:o::9r-
Z"Tl CI)
ooom
c:"''''
~g~
~:!:,m
mm
-b;
0"
00,.0
~zm
>~~
;;~ :!
:o!H:!!
j;0
-1J>
6-1
j;m
rO
~...
.FS
g~
m!:
22
Ol"
~
"
i!
,
'"
, -))
. i,,_::,~~\(,)
. (~'::;!t'"'>~~;..t
. ,(;.;;1 ---F.
~v ,.....'" ~j >:J
IrE;:;;-::::---;~
_j_""~"V;~;;~)-~':"~ '~'~'O~\.t..'r
~;. --;""'-"';b~+;;;~; /0::'-
__,,,, C" ".' '.". ,".....
~., _ d ~',: !~~',.::~" ' . i \
;r'~ _.1
_.J
:~ '
;;fil!~~~I.\ilfli;~~~!lii.d~~jii!1li~~l~!*W.~~--ili1&4itlj!~1W!;;i't1!ikl?J"'.;;;t~!~I;td,~!:c'-'1'iW-$i:l\lsf~~~~_~~~MiJmMii
!"J!!.
-' = - ,",~ ~,", < - -~, '.. - ",,"
,~ ,,~ , .. ~,<"
~~ "
~..
~ , ^" >. - "" -, ' -
1,1
I
I
I
I
I
I
(") C) C)
C ,1
<'" ::::: ~ ~ ,
-0(7; :r'"
S2S~; "" ]~
z 5;:: "" :J ';3
(j) co
-< ~~ JC)
~ c,~'
,~ -~?
j; C) ,--) :1]
Z _-::-:,. (")
5> 0 ,_:~ Pl
C N ()
.. j'!
Z $:-
~ c:> ~
1.,Ic'n.', -,-"--',-,"
. -" . 'c _,", "_~ -
.-:1
<''''1
MOTOR TRUCK EQUIPMENT
COMPANY,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
: NO. 00-8332 Civil Term
v.
MELVYN TIERNAN, d/b/a! TIERNAN
TRUCKING,
: CIVIL ACTION - LAW
Defendant
: JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
PLEASE enter judgment in favor ofthe Plaintiff, Motor Truck Equipment Company, and
against Defendant, Melvyn Tieman, d/b/a Tieman Trucking, for the failure of said Defendant to file
an Answer or otherwise respond to Plaintiff s Complaint within twenty (20) days of service which
complaint contained a Notice to do so and failure to respond within ten (10) days of the Notice
issued pursuant to Pa.R.C.P. 237.1. A copy of the Affidavit of Service with attached Notice is
attached hereto as Exhibit "A".
The judgment shall be as set forth in the amount of the prayer in Plaintiff s Complaint, or
$5,145.00, plus interest of $746.02, or a total of$5,891.02, plus costs of suit.
Respectfully submitted,
CALDWELL & KEARNS
By:
Date: April 3, 2001
78-875/22752
I'; ,I, .'
,_ """J ~
,-- """'~"".i
MOTOR TRUCK EQUIPMENT
COMPANY,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO. 00-8332 Civil Term
v.
MELVYN TIERNAN, d/b/a! TIERNAN
TRUCKING,
: CIVIL ACTION - LAW
Defendant
: JURY TRIAL DEMANDED
TO: MELVYN TIERNAN, d/b/a TIERNAN TURCKING
You are hereby notified that on (L n-~\ l..{
has been entered against you in the ab~aptlOned case.
, 2001, the following Judgment
Date:~OOI
Prothonotary
I hereby certifY that the name and address of the proper person( s) to receive this notice is:
Melvyn Tieman, d/b/a Tieman Trucking
R.D.#I,Box314
Perryopolis, PA 15473
Por este medio se Ie esta notificando que el de del
2001, el/la siguiente (ORDEN), (DECRETO), (F ALLO) ha sido anotado en contra suya en el caso
mencionado en el epigrafe.
FECHA:
Protonotario
Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de
rcsidencia:
Melvyn Tieman, d/b/a Tieman Trucking
R. D. #1, Box 314
Perryopolis, PA 15473
78-875/22752
I'J
-,,'
, " ,~
'--=- - ,,]'
" "~"
MOTOR TRUCK EQUIPMENT COMPANY, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
: NO. Co - JS'.3);2..
Cio;L ~
v.
MELVYN TIERNAN, d/b/a! TIERNAN
TRUCKING,
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
? 0 ~~
'3:
~Ja} )'-"
fl1 f,: -':;0 ~ ,:-:J
~~? !'V l_.'~=~
(I) ",E?: CJ -; --.J
-<L ' '....
r::..~ r-.' _' :::'--, C.J
:2: ~) -rJ :;.;~. =-"8
6 0 ~; (')
Pc r:~ grn
Z r:- >
=< CJ ~
AND NOW, this 220d day of March, 2001 personally appeared before me a Notary Public in and
for said County and State, JAMES R. CLIPPINGER, ESQUIRE, and files this Affidavit on behalf of
AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 237.1
COMMONWEALTH OF PENNSYLVANIA
: ss:
COUNTY OF DAUPHIN
Plaintiff, who does affirm that as attorney of record of Plaintiff, Motor Truck Equipment Company, he
did serve a true and correct copy of a Notice of Default on Defendant, Melvyn Tieman, d/b/a Tieman
Trucking, in the U.S. First Class Mail, postage prepaid with attached Certificate of Mailing at Harrisburg,
Pennsylvania on March 21, 2001, to the Defendant's last known address as follows:
Melvyn Tieman, d/b/a Tieman Trucking
R. D. #1, Box 314
PerryopoIis, PA 15473
A true and correct copy ofthe Notice of Default Pursuant to Pa. R.c.P. 237.1 and the Certificate
of Mailing are attached hereto collectively as Exhibit" "
Ja
Sworn to and subscribed
before me t . day of March, 2001.
NOTARIAL SEAL
TAMARA S. HAIR, Notary Public
City of Harrisburg. Dauphin County
My Commission Expires Aug. 26, 2004
78-.875/22394
, ,'",L_I,..,'__""---
-,'.,
.' "'",, 1 ~: ~__ ',,,",,,"" "'",~..h
MOTOR TRUCK EQUIPMENT COMPANY, : IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO.
v.
MELVYN TIERNAN, d/b/a! TIERNAN
TRUCKING,
: CIVIL ACTION - LAW
Defendant
: JURY TRIAL DEMANDED
NOTICE OF DEFAULT PURSUANT TO Pa.R.C.P. 237.1
TO: Melvyn Tieman, d/b/a Tieman Trucking
R. D. #1, Box 314
Perryopolis, PA 15473
DATE OF NOTICE: March 21,2001
YOU ARE IN DEF AUL T BECAUSE YOU HA VE FAILED TO TAKE ACTION REQUIRED OF
YOU IN TIllS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM TIlE DATE OF THIS
NOTICE, A WDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU
MAY LOSE YOUR PROPERTY OR OTIlER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 170 I3
(717) 249-3166
ectfully submitted,
ELL & KEARNS
By:
, Esquire
Date: "'3 /2 t t (5)
78.875/22393
-"
<1>
...
2
3
'"
.' ~
:-'
;:
~
~
'"
.,
'"
"'''.<
.'
"'<
-J
Lv
,
,.
. ,~~.:-/
~;.,
:~, ~.:.. .
-;.,~~./~
.~,.i;:,.,
-~::;::;
~~f~mi~':~~*m;'1lii:li>'" ,,,,,,"'J~'~IM!il(lf~iI!!i:$,,*.iN.ii!M~':<<";~'~~
""............~JtII """""'H
_:!
(") = ~,
t ~ o{q. C "
~ -II
-;-0 - ."..
'l ~-f' "
\) rTl, j X)
- ~~-: ,
F () L.:_
.... (0
~ ~ -<.-
fP ~C) ~'t)
~F; C'
~ ~ ~CJ
~ r ;t--C (~
. Vi t 2: UI ~~~
r --,
f:' -< co -<
r
--..
~'"~
.,~
^ ,,~ <,0 ','
" >
>"