Loading...
HomeMy WebLinkAbout99-04409;? ,? TAMMAC FINANCIAL CORP., 275 Mundy Street Wilkes-Barre, PA 18702, vs. Plaintiff MOBILS-R-US, INC., 764 Corporate Circle New Cumberland, PA 17070 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO.99- ,qI/vCtvil 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 ET LEGAL HELP. LEGAL SERVICES OF NORTHEASTERN PENNA,INC. 410 Bicentennial Building 15 Public Square Wilkes-Bane, 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: I-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 327157.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 83871 Plaintiff LAW OFFICES SUITE SEVEN HUNDRED MELLON BANK CENTER WILKES-BARRE, PA 18701-1867 (717)825.8401 TAMMAC FINANCIAL CORP., 275 Mundy Street Wilkes-Barre, PA 18702, vs. MOBILS-R-US, INC., 764 Corporate Circle New Cumberland, PA 17070 Defendant ATTORNEY FOR TAMMAC FINANCIAL CORP. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW N0.99.440gCivil COMPLAINT The plaintiff, Tammac Financial Corp., by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby complains of the defendant, Mobils-R-Us, inc., as follows: 1. The plaintiff is a corporation duly organized and conducting business under the laws of the State of Delaware, having an office located at 275 Mundy Street, Wilkes-Barre, Luzeme County, Pennsylvania 18702. 327161.1 2. On information and belief, the defendant is a Pennsylvania corporation having a last known address of 764 Corporate Circle, New Cumberland, York County, Pennsylvania 17070. 3. The defendant is in the business of selling mobile homes. 4. The plaintiff is in the business of, inter alia, providing floor plan financing for mobile homes. COUNT I - BREACH OF CONTRACT 5. On or about October 27, 1997, the defendant executed a dealer agreement (the "Agreement") with the plaintiff upon the terms and conditions more particularly set forth therein. (A true and correct copy of the Agreement is attached hereto as Exhibit "A" and incorporated herein by reference.) 6. Pursuant to the Agreement, the defendant would enter into contracts ("Contract(s)") for the sale of mobile homes with purchasers ("Purchaser(s)"), who would then submit a credit application and accompanying documents to the plaintiff for appraisal. Pursuant to the Agreement, the Purchaser was required to make a down payment in cash of at least 5% on each mobile home purchased. 8. Once the credit application was approved, the plaintiff would purchase the Contract from the defendant and pay the defendant the unpaid balance due on the transaction. 9. On or about May 14, 1998, the defendant entered into a Contract with Jackie Simonetti ("Simonetti"). 10. On or about May 7, 1998, the defendant's agent went to Dauphin Deposit Bank with Simonetti, handed her $2,000.00 in cash and had her obtain a cashier's check made payable to the defendant in the amount of $2,500.00. 11. On or about May 19, 1998, the defendant then sent a photocopy of the cashier's check to the plaintiffalong with Simonetti's credit application and represented to the plaintiffthat the cashier's check was a down payment on a mobile home Simonetti as purchasing from the defendant. 327161.1 12. Based upon Simonetti's credit application and the cashier's check which was represented to be a down payment on the mobile home Simonetti was purchasing, the plaintiff paid the defendant the purported unpaid balance on the transaction and financed the mobile home with Simonetti. 13. Accordingly, the defendant breached the Agreement by representing that the defendant received a $2,500.00 down payment on the mobile home Simonetti was purchasing when, in reality, the down payment was only $500.00. 14. On or about March 30, 1998, the defendant entered into a Contract with Steven Sensenig ("Sensenig"). 15. On or about March 30, 1998, Sensenig handed the defendant a $4,000.00 personal check, which the defendant agreed not to cash. 16. On or about March 30, 1998, the defendant then sent a photocopy of the personal check to the plaintiff along with Sensenig's credit application and represented to the plaintiff that the personal check was a down payment on a mobile home Sensenig as purchasing from the defendant. 17. Based upon Sensenig's credit application and the personal check which was represented to be a down payment on the mobile home Sensenig was purchasing, the plaintiff paid the defendant the purported unpaid balance on the transaction and financed the mobile home with Sensenig. 18. Accordingly, the defendant breached the Agreement by representing that the defendant received a $4,000.00 down payment on the mobile home Sensenig was purchasing when, in reality, the down payment was $0.00. 19. On or about April 16, 1998, the defendant entered into a Contract with Douglas Baker ("Baker"). 20. On or about April 16, 1998, Baker tendered a $5,000.00 money order to the defendant and the defendant gave Baker a cash receipt in the amount of $6,250.00 therefor. 727161.1 21. On or about April 16, 1998, the defendant then sent a photocopy of the cash receipt to the plaintiff along with Baker's credit application and represented to the plaintiffthat the cash receipt evidenced a down payment on a mobile home Baker as purchasing from the defendant. 22. Based upon Baker's credit application and the cash receipt which was represented to evidence a down payment on the mobile home Baker was purchasing, the plaintiff paid the defendant the purported unpaid balance on the transaction and financed the mobile home with Baker. 23. Accordingly, the defendant breached the Agreement by representing that the defendant received a $6,250.00 down payment on the mobile home Baker was purchasing when, in reality, the down payment was only $5,000.00. 24. On or about April 10, 1998, the defendant entered into a Contract with Chad Stevenson ("Stevenson"). 25. On or about April 18, 1998, Stevenson handed the defendant a $2,000.00 personal check, which the defendant agreed not to cash.. 26. On or about April 10, 1998, the defendant then sent a photocopy of the personal check to the plaintiff along with Stevenson's credit application and represented to the plaintiff that the personal check was a down payment on a mobile home Stevenson as purchasing from the defendant. 27. Based upon Stevenson's credit application and the personal check which was represented to be a down payment on the mobile home Stevenson was purchasing, the plaintiff paid the defendant the purported unpaid balance on the transaction and financed the mobile home with Stevenson. 28. Accordingly, the defendant breached the Agreement by representing that the defendant received a $2,000.00 down payment on the mobile home Stevenson was purchasing when, in reality, the down payment was $0.00. 29. On or about February 19, 1998, the defendant entered into a Contract with Sally Castner ("Castner"). )27161.1 4 30. On or about February 19, 1998, Castner handed the defendant a $2,000.00 personal check, which the defendant agreed not to cash. 31. On or about February 19, 1998, the defendant then sent a photocopy of the personal check to the plaintiff along with Castner's credit application and represented to the plaintiff that the personal check was a down payment on a mobile home Castner as purchasing from the defendant. 32. Based upon Castner's credit application and the personal check which was represented to be a down payment on the mobile home Castner was purchasing, the plaintiff paid the defendant the purported unpaid balance on the transaction and financed the mobile home with Castner. 33. Accordingly, the defendant breached the Agreement by representing that the defendant received a $2,000.00 down payment on the mobile home Castner was purchasing when, in reality, the down payment was $0.00. 34. On or about April 17, 1998, the defendant entered into a Contract with Jean Waclawski ("Waclawski"). 35. On or about April 17, 1998, Waclawski tendered a $1,000.00 personal check to the defendant. 36. On or about April 17, 1998, the defendant then sent a photocopy of a personal check to the plaintiff in the amount of $2,200.00 along with Waclawski's credit application and represented to the plaintiff that the personal check in the amount of $2,200.00 was a down payment on a mobile home Waclawski as purchasing from the defendant. 37. Based upon Waclawski's credit application and the cashier's check which was represented to be a down payment on the mobile home Waclawski was purchasing, the plaintiff paid the defendant the purported unpaid balance on the transaction and financed the mobile home with Waclawski. 38. Accordingly, the defendant breached the Agreement by representing that the defendant received a $2,200.00 down payment on the mobile home Waclawski was purchasing when, in reality, the down payment was $1,000.00. 327161.1 39. Pursuant to the Agreement, upon the defendant's breach of any warranties, covenants or conditions contained therein, the defendant unconditionally guaranteed repayment of the Contracts. See Exhibit A. 15. 40. As a result of the aforesaid breaches, the plaintiff terminated the Agreement and demanded payment and attorneys' fees and costs on the underlying Contracts. 41. More than thirty (30) days have elapsed since the plaintiff's notification to the defendant of the plaintiffs intention to terminate the Agreement. 42. The mobile home purchased by Simonetti was repossessed bytheplaintiffdue to Simonetti's default of her re-payment obligations to the plaintiff. 43. The mobile home purchased by Simonetti was sold by the plaintiff on November 24, 1998 for $9,900.00, leaving a deficiency balance of $4,381.61. 44. Accordingly, the defendant owes the plaintiff the following amounts on the following Contracts: (i) Jackie Simonetti C2 1802-000132 $4,381.61 (ii) Steven Sensenig C2 1802-000117 $17,401.92 (iii) Douglas Baker C2 1802-000125 $26,417.01 (iv) Chad Stevenson C2 1802-000121 $14,057.57 (v) Sally Castner C2 1802-000114 $18,783.91 (vi) Jean Waclawski C2 1802-000126 $20,169.38 TOTAL $101,211.40 45. Despite the plaintiffs repeated demands, the defendant has failed and refused to pay the balance to the plaintiff. 46. The amount currently due and owing to the plaintiff by the defendant is $101,211.40 plus attorneys' fees, interest and costs. 327161.1 6 WHEREFORE, the plaintiff prays this Court to enterjudgment in favor of the plaintiff and against defendant in the amount of $101,211.40, together with attorneys' fees, interest and costs until paid. Respectfully submitted, 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 (570)825-9401 (570)829-3460 Dated: S 1 15 5 5 HOURIGAN, KLUGER & QUINN, P.C. -??_- --- BY: JAMES T. SHOEMAKER, ESQUIRE I.D. No. 63871 Counsel for the plaintiff, Tammac Financial Corp. 327161.1 VERIFICA'T'ION I, Joseph Lombardi, Office Manager of Tammac Financial Corp., heraby certify that I have the authority to make this verification on its behalf. The facts set forth in the foregoing pleading are true and correct to the best of my knowledge or information and belief The statements made in the foregoing pleading are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. <'7?4?t?YLtJ ?rysa?f'ia.l???r J J J &PH LOMBARDI, Office Manager 327167.1 Exhibit A TO TAMMAC FINANCIAL CORP For the purposes of inducing Tammac Financial Corporation ("You") to purchase and/or fund various mobile home retail installment contracts and security agreement/ (hereinafter collectively "Contrecu any such purchase(s) ") from time to time as may be acceptable to You, and In consideration for , the undersigned ("Dealer") hereby agrees with You and warrants to You as follows: 1. Each Contract received by Dealer shall be for the bona fide sale of a mobile home described therein by Dealer to the party whose name appears in the contract ("Purchaser"). Each such contract shall be genuine and in all respects what it purports to be, shall not be in default, shall be legally valid end enforceable against the purchaser and all other parties thereto for the full amount thereof, and shall at all times be free from setoff' counterclaim, or defense o any nature. Each such contract shall be secured by a first priority purchase money security interest on the mobile home described therein and such mobile home shall be of the ;utility, quantity, and value as segmented by Dealer to the Purchaser and that Dealer will promptly fibrin each obligation that it may have to Purchaser. All statements provided or made to You by Dealer concerning any Contract sold to You shall be true and correct. 2. The Purchaser shall have completed a loan credit application at the Dealer's place of business, executed a loan promissory note for the unpaid balance due upon such purchase and a disclosures cement securingg the same, whereupon the Dealer will contact Tammac for its approval of the proposed loan. After approval by Tommee, and upon delivery ofthe unit to the Purchaser, the Dealer is authorized to name wi h tTamma he otation of Ter mac ejien ttheerron oritlhee In Tammsc, nti necessary to obtain suchl tto the itle and to noites such ienTltle , in receipt of these documents the Dealer will receive from Tammac the unpaid balance due him on he transaction. loa Dealer and/or ass ,,ed NdforcgUrnnnled t dYouowith restpecct to or arisinggg otut of leach Contractshall be fully valid end enf documents in acccordance with their terms, duly perfected and grants first lien priority security interest as applicable. Dealer shall have good title to each Contract offere to You for sale, and Dealer agrees to defend such title against the claim of angarty. Each Contract sold to You shall be transferred to You by whatever written assignments You may deem necessary to property convey to You all of the rights, titles, liens and intereatt of Dealer in and to such contract and in and to all securityry therefore and Dealer will execute and deliver such assignments to You on demand. All documents granted to dealer and/or assigned and/or granted to You shall be genuine and what they pu art to be, shall have arisen from the sale of a unit which has been delivered, and shall contain correct terms of sale as stated therein. The uni being financed shall be free and clear of all encumbrances, and the borrowe s) shall have legal capactry to contract The down payment on the unit shall be equal to or grater than five (5%) percent of he total salves pricc and shall be in cash unl pw otherwise Indicated. mingling the some wiit'thyfhnads of D leaser and will prearo omptly do Iveor the samet to You Youlare irrevoocably autthhorized to endorse the name of Dealer to any check or other remittance offered as payment on any Contract sold to You by Dealer and to retain the proceeds hereof as a payment on such contract If any eeqquuipment desm'bed in any Contract sold to You by Dealer shall come Into he possession of Dealer while Purchaser Is Indebted to You hererire, Dealer shall promptly notify You and shall deliver the same to You on demand or at your opdon shall immediately pay You the PoII unpaid balance thereon. Dealer will promptly forward to You all communications and Inquiries relating to any contract purc gay and/or funded by You. 5. In he event any of he warranties, covenants and conditions contained herein shall be untrue or not compiled with by Dealer, including without limitation those set forth in Paragraphs 1, 2 and 3 hereinabove, he waiver of recourse against Dealer shall be abrogated and Dealer unconditionally guarantees repayment of Contracts affected by any such breach of warranty, covenant or condition and will immediately, upon Your demand repurchase said Contracts for the unpaid balance hereof, plus any additional costs or fees Incurred by You as a result, ncludi .g reasonable attorneys fees. Said remedy shall be cumulative and not exclusive, and shall not affect any ohs right or remedy You may have at law or equity against the Dealer. 6. Dealer shall: (l) promptly service the property described In said Contracts in accordance with the manufacturer's standard uerantce (if any) or stnderd prattices rid poes; (2) cooperate with rid assist You in enforcing Your rights In all Contracts purchased hereunder (3) upon Your request tmnspnt iihhe mobile 6home when necessary at Dealer's wst err dsmenit nd transport the mobile home at Dealer's cost or store such property at Dealer's prcmisea with no rental or storage charges to You. Otherwise Dealer shell charge You only the actual costs accessary theroforE end wi11 forever hold You hermits against any claims arising fmm such services (4) make, or cause to be motenels enod labor nes?nd to Your satisfaction any and all repairs necessary to such rcpntssessed property rid charge only the actual cost of ecessary in the remarketing of the repossessed home. upon between Desla rid Yo 6) immed(ateilyoremi proceeds ofaucseta tooYou end Burin tithe time of PsrcP,On of sped emutuelly aidd the same in tnrst for You; (7) lsrovide any other assistnce n g possession property wilihold 7. You are not obligated to fund and/or purchase any Contract from Dealer. Any such decisions shall be within he sole discretion of You and Dealer shall not have any recourse against You for any refusal or denial. You. 8. All representations, warranties, and covenants of Dealer contained herein shall pass to and be enforceable by any assignee of . i. With respect to each Contract sold to You by Dealer, Dealer waives demand and presentation for payment, notice of nt, pmlest, notice of protest and hereby agrees to each and every renewal or extension that You may grant for he payment of any sum eoome due under any such Contract it being agreed that You may grnt any such renewal or extension upon whatever terms and You deem advisable in Your sole discretion, without affecting the obligations and liability of Dealer under this agreement or under ement that Dealer may make to You. Dealer also waives notice of acceptance of the covenants and agreements herein contaned. Th of Dealer hereunder shall be cumulative of, in addition to and not affect by Dealer's obligations under any endorsement that Dealer to You of one or more Contracts sold to You, and any such endorsement shall be cumulative of, in addition to and not affected by the and liabilities of Dealer hereunder with respect to such Contract Each and ev7 Contract (as that term is defined herein) which time be transferred, endorsed, or delivered to You by Dealer shall be deemed to have been sold to You under and pursuant to the rrovisions, hereof, unless the following language is noted on he reverse side of such Contract: "This Contract is not sold under the 10. This Agreement shall become effective as of he date of its execution by both parties and shall apply to all loans made by Tammac hereunder, and also shall apply to all Dealer-type loans referred to Tammac by the Dealer, and made by Tammac prior to the date thereof. If. This Agreement shall continue in full force and effect until terminated at the election of either party by hirry (30) days prior written notice to the ohs, provided, however, that any such termination shall not affect the respective rights and obligations of he parties hereto withrespect to contracts made prior to the effective date of the termination. 12. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 13. This writing constitutes the entire Agreement between the parties and shall not be deemed modified or supplemented, except by a written Instrument signed by both parties. _ EXECUTED at -?: O o . this day of 0 c T . 19 Y'J I`1ozl, '/r- C //JJ ee er BY:? ?D? e' e r ACCEPTED: BY: ON _ a N C C1 i' n C. i V R )I? ) 9 ?M ci TAMMAC FINANCIAL CORP., Plaintiff VS. MOBILE-R-US, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4409 CIVIL CIVIL ACTION - LAW PRAECIPE Enter the appearance of the undersigned as attorney for the Defendant YOFFE & YOFPt, P.C. NO . YOFFE, ESQUIftE Attorney for Defendant 214 Senate Avenue, Suite 203 Canp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 mckinney\mobiIs\tammac\pra ecipe C?', ? i. ?? C'l r. l' ?` 1 .? ?.'? C' i Y, ??L l i ? ? ?1 ?, r SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04409 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAMMAC FINANCIAL CORP VS. MOBILS-R-US INC R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within j named defendant, to wit: MOBILS-R-US INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania. to serve the within NOTICE AND COMPLAINT On August 5th, 1999 this office was in receipt of the attached return from YORK County, Pennsylvania. Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 8.00 RT'I' omas in h-eri DEP. YORK CO 31.78 $6b./g 08%05% 9§9KLUGER & QUINN Sworn and subscribed to before me this " day of 19-c),jL A.D. •- • o • o • • • • • • • • • • • COUNTY OF YORK OFFICE OF THE SHERIFF s(R7),;; 9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE I Ina I MUG7IUN5 PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. Tammac Financial Cor 99'4909 Civil P 4. TYPE OF IT OR COMPUINT 3. DEFENDANTISI Notice & Complaint Mobils-R-Us, Inc- SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Mobils-R-Us, Inc 6. ADDRESS (STREET OR RFD WITH BO% NUMBER, AN NO., CITY, BORO, TWP., STATE AND ZIP C DE AT 'Tae -'---' - - --- --------- •-••--• ... ..........? nucre uce NOW 77 ? umu XNAlpL1 C31STCLASSMAIL DPOSTED 19 _ I, SHERIFF OF OUNTY .!&Oo hereby dep a sheriff of °r COUNTY to execut d me at cording to few. This deputation being made at the request and risk of the plaintiff. a. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSI51 IN EXPEDITING SERVICE sa RI Cumber1.and r? co 0 ADVANCE FE PD BY CUMBERLAND COUNTY SHERIFF L -rI c "T1 , rv Ko n'1 m w ;:0 o cb x 'n RI NOTE ONLY APPLICABLE ON WAR OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any propeM un witliln wp)TnaTJI Same without a watchman, in custody of whomever Is found in Possession, after notifying person of levy or attachment. without liability on the pan of euc?m lePut?r Idp da plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. M C3 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. E I James T. Shoemaker, Esq. -IT Cumberland County Sheriff Notarial Seal James V. Vangreen, Notary Public York, York County, PA My Commission Expiras Jan. 22, 2001 23. Advance Coats 24. Service Costs $100.00 16.00 25. WF 26. Mileage 11.78 27. Postage 28. Sub Total 29.78 29. Pound 30. Notary Fee 2.00 31. Surcharge 32. Total Costs 31.78 o elu $68.22 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cen. 38. Mnnags/Poslage/N.F. 1 39. Total Costs 40. Cost Due or Refund 3rd SO ANSWER. 41.AFFIRMED and subscnbed to before me this 44. Signature of / N Lisp 47. Dale 42. day of August 19 99 45. Signature of York 2 [ e 48. Date 43. - 2. County Shenff WILLIAM M HOSE SHERIFF 8/3/5 . , Ploapmle dun Pule MV COMMISSION EXPIRES 46. ignature of ormgn County Sheriff 49. Date 50.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SI GNATURE 51. Date Rece ived area must be completed 11 notice Is to to any 33. Cost Due r 9 ur U. nU111LCU Ia Ulwe A•- 1 MUHI I T AwU 1 I I Lt ' 1. WHITE - Issuing Alanodty 7.. PINK -AKOmey 3. CANARY - Shedfra Office 4. BLUE - Sheriff's Office 13.1 acknowledge receipt of the writ alunAI UHt Ur Au r nUHIZEU CLERK 114. Date Received 15. Expiratioro-agatiNM or complaint as indicated above. B. Feeser 7/23/99 8/20/99 16.HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES SUITE SEVEN HUNDRED MELLON BANK CENTER r LKES•&4RRE, PA 18701.1867 ) 825-8401 TAMMAC FINANCIAL CORP., IN THE COURT OF COMMON PLEAS 275 Mundy Street OF CUMBERLAND COUNTY Wilkes-Barre, PA 18702, Plaintiff VS. CIVIL ACTION - LAW MOBILS-R-US, INC., 764 Corporate Circle New Cumberland, PA 17070 Defendant NO. 99- 4409-Civil NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: MOBILS-R-US, INC. 764 Corporate Circle New Cumberland, PA 17070 You are in default because you have failed to answer the complaint of the plaintiff, Tammac Financial Corp., in this case. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other 333080.1 important rights. 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. LEGAL SERVICES OF NORTHEASTERN PENNA., INC. 410 Bicentennial Building 15 Public Square Wilkes-Barre, PA 18701 (570) 825-8567 or 145 East Broad Street Room 108 Hazleton, PA 18201 (570) 455-9512 PENNSYLVANIA LAWYER REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, PA 17108 (Pennsylvania residents phone: 1-800-692-7375; out-of-state residents phone: (717) 238-6715) COURT ADMINISTRATOR Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990.9108 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 Telephone (570) 825-9401 Facsimile (570) 829-3460 Dated: August 17, 1999 YORK COUNTY COURT ADMINISTRATOR York County Courthouse 28 East Market Street York, PA 17401 (717)771-9234 Respectfully submitted, HOURIIGAN, KLTUGER & QUINN, P.C. BY: v - James T. Shoemaker, Esquire ID No. 63871 Counsel for the plaintiff, Tammac Financial Corp. 333060.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES SUITE SEVEN HUNDRED MELLON BANK CENTER WILKES-BARRE, PA 18701-1867 (717) 825-9401 TAMMAC FINANCIAL CORP., IN THE COURT OF COMMON PLEAS 275 Mundy Street OF CUMBERLAND COUNTY Wilkes-Barre, PA 18702, Plaintiff VS. CIVIL ACTION - LAW MOBILS-R-US, INC., 764 Corporate Circle New Cumberland, PA 17070 Defendant NO. 99- 4409-Civil CERTIFICATE OF SERVICE I, James T. Shoemaker, Esqui:; e, hereby certify that I am serving a true and correct copy of the foregoing Notice of Intention to Enter Default Judgment upon the following individuals by depositing said document in the United States Mail, first class, postage pre-paid, addressed as follows: MOBILS-R-US Norman M. Yoffe, Esq. 764 Corporate Circle 214 Senate Avemue, Suite 203 New Cumberland, PA 17070 Camp Hill, PA 17011 333103.1 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. Suite 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 570 825-9401 570 829-3460(Fax) Dated: August 17, 1999 By: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Financial Corp. 333105.1 u. d Lr. w < N ?7S L7? ?';J V ON U HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 83871 LAW OFFICES SUITE SEVEN HUNDRED MEL'.ON BANK CENTER N.iLKES-BARRE, PA 18701.1867 J717) 825.9401 TAMMAC FINANCIAL CORP., IN THE COURT OF COMMON PLEAS 275 Mundy Street OF CUMBERLAND COUNTY Wilkes-Barre, PA 18702, Plaintiff VS. CIVIL ACTION - LAW MOBILS-R-US, INC., 764 Corporate Circle New Cumberland, PA 17070 Defendant NO. 99- 4409-Civil CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the foregoing Notice of Intention to Enter Default Judgment upon the following individuals by depositing said document in the United States Mail, first class, postage pre-paid, addressed as follows: MOBILS-R-US Norman M. Yoffe, Esq. 764 Corporate Circle 214 Senate Avemue, Suite 203 New Cumberland, PA 17070 Camp Hill, PA 17011 133105.1 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. Suite 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 570 825-9401 570 829-3460(Fax) Dated: August 17, 1999 By: James T. Shoemaker, Esquire ID No.: 63871 Counsel for the plaintiff, Tammac Financial Corp. 333105.1 Jn ?J: i1 s cn c n il0- i c;.. L cn f TAMMAC FINANCIAL CORP., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-4409 CIVIL MOBILS-R-US, INC., Defendant CIVIL ACTION - LAW PRELIMINARY OBJECTIONS BY DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant by its attorney, Yoffe 6 Yoffe, P.C. by Norman M. Yoffe, Esquire, and files Preliminary Objections to Plaintiff's Complaint, ' as follows: MOTION FOR A MORE SPECIFIC COMPLAINT 1. It appears that Plaintiff's cause of action is based on an underlying contract, i.e., the contract between Plaintiff and Defendant attached to the Complaint as Exhibit "A", plus individual contracts with several mobile home purchases (Simoneth, Sensenig, Baker, Stevenson, Castner and Waclawski), which represented purchase contracts from Defendant to these purchasers, which Plaintiff then purchased from Defendant. 2. Plaintiff is in fact suing on the individual contracts. 3. The Complaint fails to aver whether the aforesaid individual contracts are in writing, which in violation of Pa. R.C.P. 1019(h). WHEREFORE, Defendant requests the Court to Order Plaintiff to file a more specific Complaint stating whether the aforesaid contracts are or are r not in writing, and if in writing, Order Plaintiff to attach same to an Amended Complaint. YOFFE 6 YOFFJL, P.C. r NO M. YOFFE, ESQUIRE Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 mckinney\mobi1s\tammac\obecti0n2 r• tr, o w Z J L LJ :YJ (1 u: ?? rn m U A HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 Plaintiff LAW OFFICES SUITE SEVEN HUNDRED MELLON BANK CENTER WILKES-BARRE, PA 18701-1867 (570)826.9401 TAMMAC FINANCIAL CORP., 275 Mundy Street Wilkes-Barre, PA 18702, VS. MOBILS-R-US, INC., 764 Corporate Circle New Cumberland, PA 17070 Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99- 4409-Civil PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPANY The plaintiff, Tammac Financial Corp., by and through its counsel, Hourigan, Kluger & Quinn, P.C., hereby answers the preliminary objections filed by the defendant, Mobils-R-Us, Inc., to the plaintiff's complaint, as follows: 1. Denied. By way of further answer, the plaintiff's complaint is a writing which speaks for itself. To the extent a response is necessary, the plaintiff is clearly suing the defendant 334507.1 based upon the defendant's breach of the dealer agreement ("Agreement"), a copy of is attached to the plaintiff's complaint as Exhibit "A" and incorporated herein by reference. 2. Denied. The averments set forth in paragraph two of the defendant's preliminary objections are denied pursuant to Pa. R.C.P. No. 1029(d). To the extent a response is necessary, the plaintiff is suing the defendant based upon the defendant's breach of the Agreement. 3. Denied. The averments set forth in paragraph three of the defendant's preliminary objections are denied pursuant to Pa. R.C.P. No. 1029(d). To the extent a response is necessary, because the plaintiff is suing the defendant based upon the defendant's breach of the Agreement, the plaintiff has not obligation to append to its complaint any other documents that are merely evidentiary in nature. WHEREFORE, the plaintiff prays this Court to dismiss the defendant's preliminary objections and to award the plaintiff its attorneys' fees and costs in responding to the defendant's preliminary objections. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: JAMES T. SHOEMAKER, ESQUIRE I.D. No. 63871 Counsel for the plaintiff, Tammac Financial Corp. 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 (570)825-9401 (570)829-3460 Dated: August 15, 1999 734507.1 1 „a HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 83871 SEVEN HUNDRED IN BANK CENTER S-BARRE, PA 18701-1867 ATTORNEY FOR PLAINTIFF TAMMAC FINANCIAL CORP., 275 Mundy Street Wilkes-Barre, PA 18702, VS. Plaintiff MOBILS-R-US, INC., 764 Corporate Circle New Cumberland, PA 17070 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99- 4409-Civil CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the foregoing answer upon the defendant, by depositing said document into the United States mail, first class, postage pre-paid, addressed to counsel of record as follows: 734516.1 r Norman M. Yoffe, Esquire Yoffe & Yoffe, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 (570)825-9401 (570)829-3460 Dated: August ?S, 1999 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ? L'? L_"".--- JAMES T. SHOEMAKER, ESQUIRE I.D. No. 63871 Counsel for the plaintiff, Tammac Financial Corp. 334518.1 r c- v? - c t:• ?p U• CU It " -- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please List the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Tammac Financial Corp. 275 Mundy Street Wilkes-Barre, PA 18702 V5. Mobils-R-Us, Inc. 764 Corporate Circle New Cumberland, PA 17070 (Plaintiff) (Defendant) No. 4409 In the Court of Common Pleas of Cumberland County Civil Action - Law civil 19 99 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiff's Complaint 2. Identify counsel who will argue case: (a) for plaintiff: James T. Shoemaker, Esquire Address: Hourigan, Kluger & Quinn, P.C. 700 Mellon Bank Center, 8 W. Market St. Wilkes-Barre, PA 18701-1867 (b) for defendant: Norman M. Yoffe, Esquire Address: Yoffe & Yoffe, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 13, 1999 Dated: August 31, 1999 Attorney for ?? v, ? i:? '?' ?. - 1 C .` _) -' _ [?? -. 1.J l:. i C.. Li __ -? i 1' I J ? r?'i1 '; rn '- ?'? j CJ HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esq. IDENTIFICATION NO. 83871 VS. MOBILS-R-US, INC., ATTORNEY FOR Pialntiff Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION- LAW NO. 99-4409-Civil PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Please discontinue the above-captioned action without prejudice. Respectfully submitted, 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 (570)825-9401 (570)829-3460 Fax Dated: October 6. 1999 HOURIGAN, K?LUGERR&& QUINN, P.C. BY: -' JAMES T. SHOEMAKER, ESQUIRE ID NO.: 63871 Counsel for the plaintiff, Tammac Financial Corp. 341611.1 HOURIGAN, KLUGER $ QUINN A PROFESSIONAL CORPORATION BY. James T. Shoemaker, Esquire IDENTIFICATION NO. 83871 ATTORNEY FOR DEFENDANT, Mellon Bank, N.A. TAMMAC FINANCIAL CORP., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. CIVIL ACTION - LAW MOBILS-R-US, INC., Defendant NO. 99-4409-Civil CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and correct copy of the forgoing praecipe upon the defendant, by depositing said document in the United States mail, first class, postage pre-paid, addressed to counsel of record as follows: Norman M. Yoffe, Esq. Yoffe & Yoffe, P.C. Suite 203 214 Senate Avenue Camp Hill, PA 17011 341612.1 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. By: v? nom---- James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff, Tammac Financial Corp. 700 Mellon Bank Center 8 West Market Street Wilkes-Barre, PA 18701-1867 Phone: (570) 825-9401 Fax: (570) 829-3460 Dated: October 19 1999 341612.1 >- to ?r, " c? -- ?.. = i u i?? ? . -' C?; - ?'-' i... ?r;i_ f-• ?=. ? 4-° L', U Ci+ (?